Exam Questions For Sale

Below are questions from exams that have been completed by Homework For Hire tutors. More questions from more subjects will be posted on a regular basis. We have the answers to these exams on file. Please email Whitneykay85@gmail.com, subject line Exam Answers, please include "ASAP" if you are in a timed exam for immediate response, if you would like guaranteed correct answers to any of the exam questions below.

Philosophy 101 Exam Questions

According to Bertrand Russell, philosophy provides definite and concrete answers to life’s most fundamental questions.

According to Russell, the value of philosophy is found in the critical examination of the grounds of our convictions, prejudices, and beliefs.

Constitutional Law Exam Questions

In order for a private citizen to make a valid arrest for a misdemeanor in Alabama, the subject must commit the offense in the presence of the private citizen.

A warrant is generally required to search an area if a thermal imaging device is to be used.

How many specific powers were given to the federal government by the Constitution?

Amendment that mandates public trial

An arrest warrant affidavit is defined as a written complaint under oath.

A subject arrested with a warrant must be taken before a magistrate within:

If certain conditions are met, a police officer may question a suspect in custody without reading the Miranda Rights. One allowable exception is called:

A subject arrested without a warrant must be taken before a magistrate within:

An officer may arrest a person without a warrant for committing any misdemeanor if the officer has Probable Cause that the misdemeanor has been committed and probable cause that the person committed it.

A search warrant is normally required to obtain a Pen Register

Probable Cause is based on a reasonable:

Under Alabama Law, the magistrate issuing an Arrest Warrant must be an attorney.

Amendment that forbids cruel and unusual punishment:

Amendment dealing with the quartering of troops in homes:

If an officer utters the words “You are under arrest”, and there is a submission on the part of the person to whom the words are directed, the person has effectively been arrested.

According not Tennessee vs. Garner, the Supreme Court ruled that a shooting was a ____________for Fourth Amendment purposes.

Whether an arrest has occurred is a question of fact to be determined by a jury.

A criminal history of a subject may be used by an officer in making a determination of whether or not Probable Cause exists when making an arrest.

A person may be legally arrested on Probable Cause and yet found not guilty by a jury.

Area protected by the Fourth Amendment according to Griswold vs. Connecticut

According to Miller vs. California, Obscene materials must be found to be obscene according to contemporary community standards.

The Natural Law Theory was first formulated by

During the Constitutional Convention the two predominate political groups were:

Amendment that requires a place to be searched to be described in detail:

A Case citation of 11 L. Ed. 241 would indicate that the case was decided by:

Amendment guaranteeing equal protection under the laws:

The legal doctrine requiring statutes to contain clear, concrete and objective criteria is entitled:

The U.S. Constitution’s Bill of Rights was designed to protect the people from:

States may set a higher standard than the Constitution requires when making laws.

In the early English Common Law jury trials, juries were composed of the witnesses in the case at hand.

TORTS LAW

Why was the Defendant’s motion to dismiss properly granted in Van Camp v. McAfoos?

A A child of tender years cannot be liable in tort. B Plaintiff ‘s complaint failed to allege fault. C Plaintiff’s complaint alleged negligence rather than intentional tort. D The child did not act intentionally.

With regard to Plaintiff’s claim for battery in Cohen v. Smith, what makes the touching offensive?

A It was reasonable for Plaintiff to be offended. B Plaintiff was not aware that she had been touched. C Defendant knew that the touching was unconsented to. D Plaintiff did not want to be touched.

Which of the following is the best definition of intent with regard to battery?

A Defendant acts with a desire or has knowledge to a substantial certainty that a harmful or offensive touching will occur. B Defendant acts with a desire or has knowledge to a substantial certainty that harm or offense will occur. C Defendant acts with a desire or has knowledge to a substantial certainty that a touching and harm or offense will occur. D Defendant desires his contact to cause harm or offense to the Plaintiff.

Which of the following represents the best rule statement for battery?

A A battery occurs when the Defendant’s acts intentionally cause harmful of offensive contact with the victim’s person. B A battery is an intentional, unconsented-to contact with another. C A battery occurs when Defendant’s act causes a harmful or offensive touching. D A battery occurs when defendant intends to physically harm or offend another.

Which of the following statements is a true statement of the law?

A The doctrine of transferred intent allows a defendant to be found liable in tort if he is found guilty of the same conduct in a criminal court. B The doctrine of mistake allows a defendant to defend on the ground that he was reasonably mistaken with regard to the identity of the property or person he acts upon or believes incorrectly that there is a privilege. C Insanity and infancy are defenses to all intentional torts. D The doctrine of transferred intent allows the defendant to be found liable for battery if he acts intending to commit an assault, but commits a battery instead.

What jurisdiction’s law is used to determine the outcome in Texaco, Inc. v. Pennzoil, Co.?

A Texas law, since the case was adjudicated in the Court of Appeals in Texas. B New York law, because the court found New York law to be controlling. C California law, since Getty Oil was a California corporation. D Federal law, since the contract between the parties crossed state lines.

CONRACTS LAW Which of the cases that were included in the assigned reading for Module 1 based its holding in part on the rule that an unreasonable meaning attached by one party to a specific assertion will control only if that unreasonable meaning is known to the other party?

A Lucy v. Zehmer. B Texaco, Inc. v, Pennzoil, Co. C Hawkins v. McGee. D Sullivan v. O’Connor.

Which of the following statements best describes the Restatement of Contracts?

A It does not have the force of law, but is highly persuasive authority. B It is written by the American Law Institute, which is a legislative body charged with codifying the law of contracts. C It is a restatement of the law contained in the Uniform Commercial Code. D It was co-written by Professors Williston and Corbin, two leading contract scholars.

Which of the following correct states the Restatement (Second) definition of offer?

A A promise to do or refrain from doing some specified thing in the future conditioned on the other party’s acceptance. B A promise that, according to its terms, is contingent upon a particular act, forbearance, or promise given in exchange for the original promise or the performance thereof; made in such a way that another individual is justified in understanding that his or her assent to the bargain is invited and that such assent will conclude the bargain. C A promise of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed. D The manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.

Which of the following is not an important factor in determining whether a communication is or is not an offer?

A The manner used to communicate the potential offer. B Usage of the trade. C The relationship of the parties. D Surrounding circumstances.

Which of the following statements regarding estimates is most accurate?

A An estimate can never be an offer. B An estimate will be an offer unless it clearly states that it is intended as an estimate only. C If the communication contains the word “estimate” in can never be treated as an offer. D An estimate can be an offer if it is sent in response to an invitation to bid.

What is meant by the “objective theory of contracts?”

A Communications by one party are to be interpreted from the vantage point of a reasonable person in the position of the other party. B Communications by one party are to be interpreted according to the intent of the party making the communication C To be valid a contract must have a clear “objective” that is sufficiently stated in the potential offer. D If the objectives of a contract are not fully identified in an offer the offer will fail for indefiniteness.

Alice cannot find her $800 set of china table settings. Some months later, while at a party for connoisseurs of fine china, and after consuming an adult beverage, Alice proclaims in front of the entire group that she will gladly pay $2000 to anyone who locates and returns the china to her. Percy locates and returns the china to Alice and demands $2000. Alice refuses to pay. Percy files suit to recover the $2000. It is most likely that Percy will:

A prevail, because Percy was a connoisseur of fine china and Alice should have reasonably known that he would be induced to benefit from this bargain. B not prevail, because there was no meeting of the minds and Alice did not intend to enter into a contract. C prevail, if a reasonable person would conclude from the statement Alice made that she intended to enter into a contract. D not prevail, because Percy knew or should have known that Alice was overstating the value of the china.

Anne and Bob were co-owners of a small very successful restaurant. Anne was interested in opening a second location in a nearby town and asked Sam (a regular customer of the restaurant) if he would be willing to sell Anne and Bob a particular parcel of land Sam owned in the nearby town of Greenville for $100,000. Sam said “Sounds great…let’s do it.” However, unknown to Anne and Bob, Sam had serious doubts about selling the land and was considering developing the land himself to build and operate a restaurant. When Anne attempted to hand Sam the $100,000, Sam refused to take the money and told Anne he would not sell Anne and Bob the land. Anne and Bob sued Sam for breach of contract. Sam alleged he never intended to sell the land to Anne and Bob. At trial the following three statements were offered: (1) Bob testified that he and Anne had “no definite plan to ever open a second restaurant.” (2) Sam testified that he “never really intended to sell the property to Anne and Bob.” (3) Anne testified that she was very surprised when Sam so quickly agreed to sell because Sam was always joking about “how you should buy my land in Greenville and open a second restaurant there so I wouldn’t have to drive so far for breakfast.” Which of the statements will the court consider important to determine if a valid contract was formed?

A All of the statements. B Statement 1 and 2 only. C Statements 2 and 3 only. D Statements 1 and 3 only.

Harry and Sandra have been happily married since 1866. Harry needs to go to England to write a play and before he leaves, in order to maintain domestic tranquility, he agrees to pay Sandra $5000 per week for her support. They both agree that Sandra has financial needs and that she has always worked hard at maintaining the house. Has an enforceable contract been formed?

A No. There is a presumption that the parties did not intend to create a contract. B Yes, because the parties agreed that Sandra has financial needs and Harry agreed to pay. C Yes, if Harry has the ability to pay. D No, because Harry has no obligation to support his wife.

Original fact pattern: Harry and Sandra have been happily married since 1866. Harry needs to go to England to write a play and before he leaves, in order to maintain domestic tranquility, he agrees to pay Sandra $5000 per week for her support. They both agree that Sandra has financial needs and that she has always worked hard at maintaining the house. Would the result be different, in the preceding question, if Harry and Sandra had written their agreement and had also stated that they intended for the agreement to be "legal and binding?"

A Yes, because it was in writing. B Yes, because they expressly stated that the agreement was "legal and binding." C No, if the court should determine for public policy reasons that the agreement should not be enforced. D No, because Sandra would not reasonably believe that Harry would have to pay.

Retailer placed a notice in a trade journal stating that it had men shoes in various sizes available for sale at a price of $75 per pair. When Customer went to Retailer's store to purchase a pair of men's shoes at the advertised price, Retailer refused to sell Customer the shoes for $75. If Customer brings an action in court, which of the factors listed below will the court LEAST LIKELY consider as important when determining whether Retailer's notice in the trade journal constitutes a valid offer?

A Whether the quantity and quality of the shoes was stated in the notice. B Whether the language used in the notice is promissory in nature. C Whether Retailer intended the notice to be an offer to sell shoes to Customer. D Whether Customer reasonably believed that Retailer's notice was an offer.

Widget Company manufactures widgets and had a number of customers who used its products. Widget wanted to compete with some of its customers, but believed that its customers would be displeased and might cease doing business with Widget. In order to keep this new business activity secret, Widget set up a subsidiary company to distribute its products and formalized its agreement with Paul in writing which stated that Paul agreed to purchase all shares of the subsidiary for $10,000 and Widget agreed to sell the shares at that price. Widget and Paul had an oral, side agreement that the stock purchase agreement would not be carried out. The parties carried on business for many years without a transfer of the shares or payment of the money. For all appearances, Paul was the sole owner of the distribution business. However, Paul always acted as a loyal employee of Widget. Widget decided to end its arrangement with Paul and to let it be known to the trade that it was operating the distribution business. Paul tendered $10,000 to Widget and demanded that Widget transfer the shares of stock pursuant to the written agreement. Widget refused and sued Paul for a declaratory judgment to the effect that the written agreement is not binding. Will Widget succeed?

A No, because Widget and Paul entered into a detailed formal written agreement and the parties conducted themselves in a manner such that a reasonable person would conclude that Paul was the owner of the shares. B No, because an oral agreement that contradicts a written agreement is not valid. C Yes, because Widget and Paul never intended to enter into an agreement. D Yes, because it was Widget's product from the start.

The following ad was placed in a newspaper by Jackco: "BIG MONEY OPPORTUNITY / WORK AT HOME Ground floor opportunity! Extensive training. Includes monthly guarantee of $5,000 if hired." Ricky applied for the position stuffing envelopes, was hired and started to work. Ricky was told that he did not stuff envelopes fast enough, so he would not receive the $5,000. Ricky quit and filed suit for breach of contract. Who prevails?

A Ricky will prevail because Ricky fulfilled the conditions of the offer and was not paid the amount specified in the ad. B Ricky will prevail because the ad was for an employment opportunity and not for speed in job performance. C Ricky will not prevail because the ad was not an offer. D Ricky will not prevail because he quit the job.

Marie read the following statement in a Stargell's catalog: "Lots available for $20,000. First come, first served. Appear in person, complete application and tender funds." The catalog also stated the physical location of the real estate. Marie went to the physical location, completed the application and tendered $20,000 in cash that was accepted by Stargell. Subsequently, Stargell mailed Marie a cashier's check for $20,000 with a note stating that Marie's application was "rejected." At trial, Marie proved that Stargell's had lots available, but only sold to prominent people who endorse Stargell's company. Does Marie prevail on a claim for breach of contract?

A Yes, because Stargell accepted Marie's offer to purchase the lot according to the terms expressed in Stargell's catalog. B Yes, because Stargell cannot base acceptance on the basis of status and willingness to endorse. C No, because the conditions expressed in the catalog did not constitute an offer which Marie could accept. D No, because a reasonable person should know that she cannot rely on statements in a catalog.

John had read many newspaper and Internet news articles suggesting that the fillings commonly used by dentists to fill teeth contained dangerously high levels of mercury. John decided that he would have all his fillings removed and replaced with another safer alternative. He consulted with Dr. Decay, his dentist, and requested removal of all his fillings. Dr. Decay stated that he was not comfortable performing the oral procedure, but that he would make sure that Dr. Abcess would perform the oral procedure. In Dr. Decay’s informed medical opinion, removal of John’s fillings is not medically required. If Dr. Decay fails to retain Dr. Abcess to perform the oral procedure, will John have an action for breach of contract against Dr. Decay?

A No, a doctor is not liable in breach of contract for breach of an implied promise to perform medical responsibilities, and such a breach is only compensable in a tort action for malpractice. B Yes, because retaining Dr. Abcess was an express condition of the agreement. C No, unless John reasonably concluded that Dr. Decay expressly promised him that Dr. Abcess would perform the procedure. D No, because Dr. Decay told John that he was not comfortable performing the procedure.

A large daily newspaper publishes and distributes two booklets, one regarding general advertising rates, and the other regarding advertisements that will not be accepted. These booklets state that the newspaper will refuse advertising that is "dishonest, indecent or illegal." A labor union presented an advertisement to the newspaper that urged readers not to patronize certain businesses because those businesses featured imported clothing that was manufactured by low-wage, foreign labor. The union also paid the appropriate advertising rate in accordance with general advertising rates, but the newspaper refused to print the advertising. Assume that the advertisement was not dishonest, indecent or illegal. Will the union prevail against the newspaper for breach of contract?

A Yes, because the advertisement was not dishonest, indecent or illegal. B Yes, there was a written offer to provide advertisement at a stated price, which was accepted when Plaintiff tendered a copy of its advertisement and sufficient funds. C No, the Defendant's booklet containing its "General Advertising Rates" is only a statement of intention to sell or invitation for offers. D No, because the union could not reasonably rely on the newspaper's offer.

I invite Donald to a very important professional baseball game on next Tuesday and Donald agrees to come. When he shows up, I am not there. Does Donald have a cause of action against me?

A Yes, a binding contract was entered into when Donald agreed to accept my offer. B Yes, because the ballgame was very important and thus its loss of value caused a detriment to Donald. C No, because Donald must mitigate his damages. D No, no binding contract exists because only a social obligation was intended.

Sir Henry Magazine derives a great deal of income from the sale of advertising. It publishes a "rate sheet" as well as an "Advertising Guidelines" brochure. The Advertising Guidelines brochure states, "Sir Henry reserves the right to refuse to print advertising for untruthful copy." A nonprofit political action group presented an advertisement stating that a local political figure had used political contributions for personal use. The group paid the advertising rate in accordance with the rate sheet, but the magazine refused to print the advertising even though it admitted the advertisement was truthful. Will the political action group prevail against the magazine?

A Yes, because the advertisement was truthful. B Yes, there was a written offer to provide advertisement at a stated price, which was accepted when the political action group tendered a copy of its advertisement and sufficient funds. C No, the magazine's rate sheet is only a statement of intention to sell or invitation for offers. D No, because the political action group could not reasonably rely on the magazine's offer.

Dr. Smith went to his office one evening and found that it had caught on fire. Being extremely upset, he yelled, "I will give $5,000 to anyone who will retrieve my patient files from the building, even if they are charred." Mr. Fireball, who was watching the fire, went into the building and brought out the charred remains of the patient files. Mr. Fireball sues Dr Smith. Who prevails?

A Smith will prevail because he never intended to be bound. B Fireball will prevail, unless Fireball knew, or should have known, that Smith was not seriously intending to be bound by his statement. C Smith will prevail, because he was extremely upset and lacked the necessary intent to enter into a contract. D Fireball will prevail because he accepted Smith’s offer by performing.

Buyer and Seller want to do business together, but they would like to have a relatively informal arrangement. They prepare a written "Gentlemen's Agreement," but state in the agreement that it is not binding. It also states, "This writing is only an expression of our intention to work honorably together. We have always worked well together, therefore, we do not wish to be bound by this document." When the business relationship ends there are $100,000 worth of orders pending, but not delivered by Seller. Seller refuses to ship the orders and Buyer sues. Does Buyer prevail?

A Yes, because Seller had accepted the orders. B Yes, because a "gentlemen's agreement" is not valid. C No, because this was just a "gentlemen's agreement" and was not intended to have legal effect. D No, because one cannot create an agreement with a clause that states the agreement is not valid.

The City of Lakewood issued an invitation to bid to general contractors for certain road maintenance services. Raymond submitted his bid pursuant to the invitation and was the lowest bidder. Lakewood agreed to award the contract to Raymond, but later changed its mind and awarded the contract to Stella, the next lowest bidder. If Raymond sues Lakewood, will he prevail?

A Yes, so long as Raymond completes his performance in a workmanlike manner. B No, Raymond's bid was merely an offer and no contract was formed. C No, because the city does not have to take the lowest bidder. D Yes, a contract was formed when the city agreed to award the contract to Raymond.

Which of the following is the most accurate statement?

A Article 2 of the Uniform Commercial Code represents majority law to be used to determine the outcome of disputes involving any commercial contract. B Article 2 of the Uniform Commercial Code represents majority law to be used to determine the outcome of disputes involving a contract for the sale of goods. C Article 2 of the Uniform Commercial Code represents majority law to be used to determine the outcome of disputes involving a contract for the sale of goods, but only if the parties are merchants. D Article 2 of the Uniform Commercial Code does not represent majority law.

A contract in which one or more of the parties has the power to terminate the legal relations created by the contract is best referred to as:

A An implied in fact contract. B An implied in law contract. C A voidable contract. D A quasi-contract.

How can an offer to buy goods be effectively accepted?

A Only by shipping the goods. B Only by promising to ship the goods. C By either a shipment of conforming goods or a promise to ship the goods. D By either a shipment of conforming or non-conforming goods or a promise to ship the goods.

In a sale of goods contract, how will the courts respond to a failure of the parties to specify a quantity of goods?

A Courts will use one of the gap-filler provisions of the UCC to fill in the missing term. B Courts will use standard practices in the relevant trade or profession to fill in the missing term. C Courts will use a reasonableness standard to fill in the missing term. D Courts will not enforce the contract because it is missing a material term.

Which of the following is the most accurate statement as to the role of a judge and jury in a court of law?

A A judge is to determine questions of law and a jury is to determine questions of fact. B A judge is to determine questions of fact and a jury is to determine questions of law. C A jury is to decide questions of law and fact, but a judge is empowered to override the jury’s determination. D A judge is to decide questions of law and fact based on the recommendations of the jury.

If an offer is unclear as to the proper manner of acceptance, how can the offer be accepted?

A Only in the same manner used to communicate the potential offer. B Only by a promise to perform. C Only by performance of the requested act. D In any manner reasonable under the circumstances.

Each provision of the Uniform Commercial Code is followed by official comments. What is the legal effect of the official comments?

A While most states have enacted into law the provisions of the UCC, most have not enacted into law the official comments. B Most states have enacted into law both the provisions of the UCC and the official comments. C Most courts will not consult the official comments for guidance since they have not been enacted into law in most jurisdictions. D The official comment carry the same legal authority within a particular jurisdiction is do the provisions of the UCC.

An employer contracts with an employee for the employee for a designated salary, stating that the employment will be “permanent.” What is the legal effect of the employment contract?”

A The contract would fail for indefiniteness as to a material term. B The employee is entitled to work so long as the employee is able to do the work and the employer continues in the business for which the employee was hired. C An at will employment contract exists between the parties. D The employee can sue in quantum meruit since no valid contract was ever formed.

A contract is called a “hybrid” contract if it involves the sale of both goods and services. What is the most accurate statement regarding the test most courts will apply to determine whether UCC Article 2 or the common law should apply to a “hybrid” contract?

A Whether the contract’s language indicates that the parties believed that goods or services were the more important element of their agreement B Whether the charge for goods exceeds that for services C Whether the contract’s predominant factor, the thrust, the purpose, reasonably stated, is the rendition of service, with good incidentally involved or is a transaction of sale, with labor incidentally involved. D Whether the nature of the goods in question are movable when completed and delivered to the buyer.

If two parties have entered into a contract for the sale of goods that is complete in all material respects but lacks any express language identifying the time and place of payment, a court would likely rule that the gap

A should be filled with a gap-filler provision of the UCC. B should be filled based on the standard practices in the relevant trade or profession. C should be filled based on what would be reasonable. D would make the contract unenforceable for indefiniteness.

In most modern jurisdictions is a contract whereby the parties promise to negotiate an agreement enforceable?

A No, because if the parties fail to agree there would be no remedy B No, because there would be no consideration C Yes, because the court could determine what a reasonable agreement would be D Yes, because the parties would be obligated to negotiate in good faith

Under the traditional rule, an employee who has an employment-at-will contract may be terminated “for good cause, for no cause or even for cause morally wrong.” Today, many jurisdictions

A have made no change to the traditional rule and continue to allow an at-will employee to be terminated for any reason. B protect at-will employees from no cause termination only if such protection is expressly included in the employment contract. C only permit termination of at-will employee if for good cause. D protect at-will employees from no cause termination only if terminated for reasons that are contrary to public policy.

What is required before a court will enforce a contract for services where the price term is not provided in the contract but has been left to be agreed upon by the parties at a later time?

A A fair market price for the services must exist. B The parties’ actions must conclusively show that they have intended to conclude a binding agreement. C A course of dealing between the parties providing a basis to determine the price. D The parties had a reasonable justification for not specifying the price at the time of contracting.

Alice cannot find her $800 set of china table settings. Some months later, while at a party for connoisseurs of fine china, and after consuming an adult beverage, Alice proclaims in front of the entire group that she will gladly pay $2000 to anyone who locates and returns the china to her. Percy locates and returns the china to Alice and demands $2000. Alice refuses to pay. Percy files suit to recover the $2000. It is most likely that Percy will:

A prevail, because Percy was a connoisseur of fine china and Alice should have reasonably known that he would be induced to benefit from this bargain. B not prevail, because there was no meeting of the minds and Alice did not intend to enter into a contract. C prevail, if a reasonable person would conclude from the statement Alice made that she intended to enter into a contract. D not prevail, because Percy knew or should have known that Alice was overstating the value of the china.

Harry and Sandra have been happily married since 1866. Harry needs to go to England to write a play and before he leaves, in order to maintain domestic tranquility, he agrees to pay Sandra $5000 per week for her support. They both agree that Sandra has financial needs and that she has always worked hard at maintaining the house. Has an enforceable contract been formed?

A No. There is a presumption that the parties did not intend to create a contract. B Yes, because the parties agreed that Sandra has financial needs and Harry agreed to pay. C Yes, if Harry has the ability to pay. D No, because Harry has no obligation to support his wife.

Marie read the following statement in a Stargell's catalog: "Lots available for $20,000. First come, first served. Appear in person, complete application and tender funds." The catalog also stated the physical location of the real estate. Marie went to the physical location, completed the application and tendered $20,000 in cash that was accepted by Stargell. Subsequently, Stargell mailed Marie a cashier's check for $20,000 with a note stating that Marie's application was "rejected." At trial, Marie proved that Stargell's had lots available, but only sold to prominent people who endorse Stargell's company. Does Marie prevail on a claim for breach of contract?

A Yes, because Stargell accepted Marie's offer to purchase the lot according to the terms expressed in Stargell's catalog. B Yes, because Stargell cannot base acceptance on the basis of status and willingness to endorse. C No, because the conditions expressed in the catalog did not constitute an offer which Marie could accept. D No, because a reasonable person should know that she cannot rely on statements in a catalog.

Sir Henry Magazine derives a great deal of income from the sale of advertising. It publishes a "rate sheet" as well as an "Advertising Guidelines" brochure. The Advertising Guidelines brochure states, "Sir Henry reserves the right to refuse to print advertising for untruthful copy." A nonprofit political action group presented an advertisement stating that a local political figure had used political contributions for personal use. The group paid the advertising rate in accordance with the rate sheet, but the magazine refused to print the advertising even though it admitted the advertisement was truthful. Will the political action group prevail against the magazine?

A Yes, because the advertisement was truthful. B Yes, there was a written offer to provide advertisement at a stated price, which was accepted when the political action group tendered a copy of its advertisement and sufficient funds. C No, the magazine's rate sheet is only a statement of intention to sell or invitation for offers. D No, because the political action group could not reasonably rely on the magazine's offer.

Buyer and Seller want to do business together, but they would like to have a relatively informal arrangement. They prepare a written "Gentlemen's Agreement," but state in the agreement that it is not binding. It also states, "This writing is only an expression of our intention to work honorably together. We have always worked well together, therefore, we do not wish to be bound by this document." When the business relationship ends there are $100,000 worth of orders pending, but not delivered by Seller. Seller refuses to ship the orders and Buyer sues. Does Buyer prevail?

A Yes, because Seller had accepted the orders. B Yes, because a "gentlemen's agreement" is not valid. C No, because this was just a "gentlemen's agreement" and was not intended to have legal effect. D No, because one cannot create an agreement with a clause that states the agreement is not valid.

Arthur calls Betty and says: "I am in a real fix and I must sell my house. I am so motivated that I would consider $100,000 for it." Immediately Betty says: "I'm sorry about your predicament. I will buy your house for $100,000." Is there a contract?

A No, because some of the material terms are missing. B Yes, because Arthur clearly intended to sell his house for $100,000 and Betty accepted. C No, because Arthur never accepted Betty's offer. D Yes, because Betty accepted by agreeing to the price terms stated by Arthur.

Review the following conversation: Kathy: "Jerry, will you consider buying my cabin in Aspen? If you will make me an offer, I will consider it." Jerry: "Okay, $5.00." Kathy: "No, that is not enough." Jerry: "Will you accept $85,000?" Kathy: "I won’t sell it for less than $95,000." Jerry: "I accept." Was there a contract?

A Yes, because Jerry accepted Kathy’s offer to sell the property for $95,000. B No, because Kathy never offered to sell the property for $95,000. C No, because Kathy did not have a reasonable time within which to revoke. D Yes, Kathy intended to sell the house for $95,000.

Benson owned a golf course. Benson was approached by the Magson Railroad Company, that asked for a right of way across Benson’s land that was adjacent to his golf course. Benson agreed to the right of way in exchange for the railroad’s promise to build “a really cool railway station" at a specified spot near the golf course. The railroad was built on the right of way, but Magson did not build the station. Benson sues Magson for the station. Will Benson prevail in this lawsuit?

A No, because this was an agreement for the transfer of an interest in real property. B No, because the agreement was never memorialized in a writing. C Yes, because Magson must build the station to mitigate his damages. D Yes, because the parties agreed that Magson would build a station near the golf course in exchange for the right of way.

A agrees to remodel B’s home pursuant to specific blueprints. The price for the job is $8,500. The blueprints do not specify the materials that A must use. Is the contract void?

A Yes, if the omission of the terms describing the materials to be used cannot be implied due to lack of objective standards. B No, because the courts may imply a missing term once the parties have agreed on the price and subject matter of the contract. C Yes, the statute of frauds requires the materials to be disclosed. D No, when no materials are specified, a builder may use materials that are reasonable under the circumstances.

Jill says to Dave, "If you ride your bike from San Diego to New York City by September, I promise to pay you $10,000." Dave promises to ride. Is there a contract?

A Yes, because this is a bilateral contract. B No, because the terms of the offer may not be reasonable. C Yes, because Dave promised to ride his bike as agreed in response to Jill’s offer. D No, because Dave did not accept Jill’s offer.

Under the modern view, if an offeree first learns of an offer for a unilateral contract after beginning but before completing performance, may she still accept the offer?

A No, because the entire consideration requested by the offeror must be provided after the offeree first learns of the offer. B Yes, because the beginning of performance creates an option contract in favor of the offeree. C No, because there is no mutual assent. D Yes, by completing performance.

Assume that direct seller of goods to consumers includes an arbitration term with its shipment of goods but that term was not part of the contract signed by the parties. A court will be most likely to find that the arbitration clause is an enforceable term of the contract if
A the court decides the contract was formed under 2-207(1). B the court decides the contract was formed under 2-207(3). C the term is not considered material. D it notified the buyer at the time of purchase that there were terms coming with goods.

Under the modern view, an offeree who performs the act requested by the offer with knowledge of the terms of the offer is least likely to succeed in claiming her actions are a valid acceptance if she

A had manifested her intent not to accept before performing the act. B manifested her intent not to accept after performing the act. C had several motives that induced the act other than to accept the contract. D testifies that she did not intend to accept the contract.

At what point in time is it generally necessary for an offeree to notify the offeror that it has accepted an offer for a unilateral contract?

A When the offeree begins performance. B When the offeree completes performance. C When the offeree has reason to know that the offeror has no adequate means of learning of the offeree’s performance with reasonable promptness and certitude. D Never, performance of the requested act is always sufficient to accept an offer for a unilateral contract.

If an offer expressly states that the offeree may accept by doing nothing, and the offeree does nothing, the most likely result is that

A there is no contract because the offeree can only accept by communicating an acceptance B there is no contract if the offeree did not objectively manifest an intent to accept. C there is a contract if the offeree subjectively intended to accept and the offeror would reasonably conclude that silence was an acceptance. D there is a contract because the offeree objectively manifested an intent to accept by remaining silent.

A seller has several times sent goods to a buyer, who in each case kept the goods and paid for them without objection. If the seller sends another shipment, and the buyer retains the goods for a significant time, what result?

A The buyer has no duty to reject an unwelcome offer. B The seller’s reasonable understanding about the meaning of buyer’s silence will determine whether there is a contract. C The buyer’s subjective intent will determine whether there is a contract. D There is a contract because the buyer objectively manifested an intent to accept.

Assume that an offeror makes an offer for a unilateral contract. If the offeree begins performance with the intent to accept, and the offeror knows of the beginning of the performance, at this point in time

A neither party is contractually bound to the other. B both parties are contractually bound to each other. C only the offeror is contractually bound to the offeree. D only the offeree is contractually bound to the offeror.

Assume that an offeror has made an offer for a unilateral contract. If the offeree prepares to perform with the intent to accept the offer and the offeror knows of this preparation, at this point in time

A neither party is contractually bound to the other. B both parties are contractually bound to the other. C only the offeror is contractually bound to the offeree. D only the offeree is contractually bound to the offeror.

Notification to the offeror that the offeree has accepted an offer to a unilateral contract is

A always required B required unless the offer expressly dispenses with notice. C required unless the offer expressly or impliedly dispenses with notice D never required.

Assume that an offeror has made an offer for a unilateral contract asking the offeree to accept by payment of $100 cash. Assume also that the offeree then approaches the offeror and states that “I’ve here to pay you the $100”. If the offeror immediately responds saying, “I revoke my offer,” the attempted revocation of the offer

A is effective because it occurred before acceptance. B is not effective because it occurred after acceptance. C is effective because it occurred before the tender of the cash. D is not effective because it occurred after the tender of the cash.

If a plaintiff performed a service with the expectation that he would be paid, and the defendant had reason to know that the plaintiff was performing the service with that intent, and further allowed the plaintiff to perform the act without objection, is there contractual liability?

A Yes, because otherwise there would be unjust enrichment. B Yes, if defendant’s promise to pay is inferred. C Yes, if the defendant appreciates and has knowledge of the benefit. D No, because there is no promise. Human Geography Which of the five themes of geography would a person most likely use to study the importation of Chinese goods into the United States? “The Centennial High School parking lot is five blocks down from the softball field.” These directions are an example of describing a place by giving its ___________location. Which of the following statements best describes the uses of geography, one of the six essential elements of geography? Geographers use maps, satellite images, and photographs to organize the world in a(n) ________ context. A region that is administered by the United States government is an example of a ______ region. Giving an address, such as “1000 Elysian Park Avenue, Los Angeles, CA” is an example of describing the _______ of a place. A researcher is studying hot the logging industry has effected the ecosystem of the rain forest. Which of the five themes of geography is the researcher most likely studying? Which of the following statements best describes the relationship between the themes of “Place” and “human environment interaction”?