Test Content

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Question $1$

$4$

Points

What does the mailbox rule provide?

That the response to an offer is effective when that response is placed in a mailbox

That if an offer is mailed to an offeree, that offer must be accepted by mail by the offeree

That an acceptance but no other response is effective when that acceptance is placed in a mailbox

That some offers can only be communicated to the offeree by mail

Question $2$

$4$

Points

Contractual capacity means:

that an agreement contains all of the elements necessary to create a contract and is$,$ therefore, a contract.

that the parties to an agreement have exchanged valid promises and have formed a contract.

that each of the parties will receive an equal benefit under an agreement and have formed a contract.

that a person has the competence to understand the obligations imposed by a contract and the legal ability to enter into a contract.

Question $3$

$4$

Points

In the Lucy v$.$ Zehmer case in the assigned reading, Lucy and Zehmer signed a contract in which Zehmer agreed to sell a farm to Lucy. When Zehmer signed the contract, he whispered to his wife that he was joking and did not really intend to sell the farm. Why did the court enforce that contract?

The court enforced the contract because, though Zehmer whispered to his wife that he did not intend to sell the farm, Lucy did not hear that comment, and Zehmer's outward manifestations indicated to Lucy an intent to sell.

The court said that it did not matter what Zehmer intended; he signed the contract, and the contract was enforceable.

The court said that written and signed contracts are always enforceable.

The court said that the contract for the sale of land $($the farm$)$ is always enforceable.

Question $4$

$4$

Points

If the law will enforce an agreement that contains a set of promises, that agreement is called a$($n$)$:

offer.

acceptance.

contract.

quasi$-$contract.

Question $5$

$4$

Points

What is the consideration for a bilateral contract?

The performance of the act that is promised by each party to the contract

That no consideration is required for a bilateral contract

The exchange of promises by the parties to the contract

The act of one party and the promise of the other party

Question $6$

$4$

Points

What is the form of alternative dispute resolution that does not involve a neutral third party and that allows the parties to the dispute to maintain a high level of autonomy?

Negotiation

Arbitration

Mediation

Med$-$arb

Question $7$

$4$

Points

What federal court considers appeals from federal administrative agencies?

U$.$S$.$ Court of Claims

U$.$S$.$ Supreme Court

U$.$S$.$ Court of Federal Appeals

U$.$S$.$ Court of Appeals for the Federal Circuit

Question $8$

$4$

Points

The primary authority for identifying the relationship between business and government in the United States is:

the Commerce Clause.

administrative law.

executive orders.

the U$.$S$.$ Constitution.

Question $9$

$4$

Points

What is an executive order?

A statement from the president that a specific person has been appointed to a federal government office

A statement from the president that a specific law should not be enforced because the law is unconstitutional

A statement from the president on how he or she interprets a new law

A statement from the president instructing a federal administrative agency on how to enforce or administer a law

Question $10$

$4$

Points

The trial courts in the federal court system $($i$.$e$.,$ the U$.$S$.$ district courts$)$ are courts of general jurisdiction, which means the courts have the:

authority to consider a wide range of cases and to grant almost any legal or ethical remedy.

power to consider any case that is assigned to them by an intermediate appellate court.

power to consider any civil case but no criminal cases.

authority to make final decisions in cases that cannot be reviewed by other courts.

Question $11$

$30$

Points

The Commerce Clause