1. What doctrine was overturned in the case of Brown v. Board of Education?The permissibility of separate but equal facilities

2. The United States Constitution is often referred to as a document b/c it is so adaptable.

Living

3. The statues enacted by the legislative branches of the federal and state governments are organized by topic into code books. This is often called deified law.False

4. Sate limited-jurisdiction trail courts, which are commonly referred to as superior trial courts, hear matters of a specialized or limited nature.False

5. All tax-paying American citizens have a Constitutional right to begin a lawsuit in the federal court system rather than a state court system if they so choose.False

6. Intermediate appellate courts are also called _____ courts.

Appellate

7. A reply brief is a report issued in direct response to questions posed by the prior to the appeal.False

8. Jurors are sequestered in all superior court casesFalse

9. A rebuttal is called to counter the opposing attorney’s use of a rejoinder.False

10. Willful copyright infringement can be punished with a statutory damage award of up to 150,000

11. The Uniform Trade secrets Act has been adopted by all fifty states.False

12. Joe has a small company that makes a line of boots called “Mountain Hikers” that have become very popular. Can Joe obtain a trademark for “Mountain Hikers?Yes, if the words have acquired a secondary meaning in connection with the boots

13. Some that follows the principle: “Get rich or die trying” is adhering to the categorical imperativeFalse

14. Following the theory of utilitarianism, if an action would increase the good of twenty-five people by one unit each and an alternative action would increase the good of one person.False

15. A qui tam lawsuit brought under the federal False Claims Act permits private parties to sue companies for fraud on behalf of the governmentTrue

16. Examples of acquiring ownership in personal property Include capture, accession, and confusion.True

17. Julie owns a mare named Echo. Echo gives birth to a colt. Pursuant to succession, Julie owns the newborn colt.False

18. An insurance agent is an independent contractor who represents a number of insurance companies.False

19. Jean’s grandmother, “Mom, “ lives in an assisted-living facility, but she has not sold her home of many years. Jean is Moms’ favorite granddaughter, especially since Jean visits Moms frequently, even though Jean lives several hundred miles away. As a favor to Moms when visiting her, Jean checks on Moms’ vacant house. Jean decides to move to the town where Moms lived. Jean gets copies of the keys made, and moves into Moms’ house without Moms’ knowledge or permission. Jean treats the house as her own, even bringing her German Shepherd to live with her. The neighbors erroneously assume that Moms knows Jean is living there. Moms’ is very appreciate of what she thinks are Jean’s long trips to visit her, not knowing that Jean is living in her house. Although Moms likes Jean very much, she absolutely would not want Jean living in her house. Jean lives in Moms’ house for several years, and her goal is to acquire the house by adverse possession. In these circumstances:Jean can acquire the home by adverse possession if she continues to meet the adverse possession requirements for the required period of time.

20. A warranty deed will protect a grantee regarding a mortgage from one hundred years ago.True

21. An “easement in gross” occurs where the servient and dominant estates are adjacentFalse

22. In a pro hac vice divorce, the parties do not have to hire lawyers to represent them; instead, they may represent themselves.False

23. “Ademption” means that if a specific bequest is not owned by the testator at the testator’s death, then the named beneficiary receives nothing in connection with that bequest.True

24. A document signed by a person that stipulates his or her wishes not to have his or her life prolonged indefinitely by artificial means is known as a “living will.”True

25. This type of contract is based on an equitable doctrine:Implied-in-law

26. A contract under seal is called aFormal contract

27. Otto approaches Edie and says, “If your pick up my new suit for me at the mall tomorrow. I’ll pay you $20.00. Edie replies, “I don’t know if I’ll have time to get it, but I’ll see if I get a chance.” As a result of this conversation:A contract will be formed only if Edie picks up the suit.

28. Lou writes a check to Bud but leaves out some essential components that are required on the check. This check would be described as:Unenforceable

29. Generally, time of performance cannot be impliedFalse

30. An option contract is formed when an offeree prevents the offeror form revoking his or her offer by paying the offeror compensation to keep the offer open for an agreed-upon period of time.True

31. According to the doctrine of promissory estoppel, the person who has detrimentally relied on a promise for performance may sue the promisor for performance or another remedy the court deems fair under the circumstances.True

32. How can the concept of unforeseen difficulties affect whether a contract meets the consideration requirements?Unforeseen difficulties can result in a contractor’s promise to complete an existing contract being supported by new consideration rather than being considered a preexisting duty.

33. A person who provides contract services without the appropriate license require by a revenue-raising statute cannot enforce the contract or recover payment for services rendered pursuant to the contract.False

34. Licensing statues enacted to raise money for the government are called extractive statutes.False

35. The Raging Waves Rafting Company takes tourists on half-day whitewater rafting trips in the Colorado mountains. All patrons sign an agreement that states in part that, “Raging Waves will not be liable for any injuries whatsoever cause by Raging Waves, whether caused intentionally, by negligence, or in any other manner. “During the first hour, the guide negligently allowed the raft to hit a large rock, causing Heather to fall out of the raft and injure her arm when she crashed into this rock. Later on the trip, as Heather was criticizing the guide for the earlier incident, the guide got upset and hit her on the back with a paddle. This injured Heather’s back. Assuming that the rafting company is responsible for the actions of its employees, can Heather recover for the injuries to her arm and back?She can recover for the back injury, but not the injury to her arm.

36. Some states have changed the inpari delicto rule and permit the less-at –fault party to recover restitution of the consideration they paid under an illegal contact from the more-at-fault party.True

37. If there has been a mutual mistake, the contract may be rescinded on the grounds that no contract has been formed b/c there has been no “meeting of the minds” between the parties.True

38. Many state Statutes of Frauds require that agents’contracts to sell real property covered by the Statute of Frauds be in writing to be enforceable. The requirements is often referred to as the ___ ruleEqual dignity

39. The term “sceinter” meansGuilty mind

40. If a professional athlete dies prior to or during a contract period, his or her contract with the team is discharged.True

41. Which of the following is one of the primary types of contractual conditions?Precedent

42. A statute of limitations puts a limit on the damages that can be sued for under a contract.False

43. Which of the following statements is correct regarding anti-delegation clauses?Anti-delegation clauses are usually enforced.

44. When an employee breaches a fixed-term employment contact by quitting before the end of the term, what can the employer recover as damages?The costs of hiring a replacement employee, plus any increase in salary paid to the replacement employee.

45. Most contracts are discharged by the complete performance of the contracting parties.True

46. When, generally are equitable remedies available?They are used when the legal remedy does not adequately compensate the non-breaching party

47. Rescission is available for a contract involving duress.True

48. The Anticybersquatting Consumer Protection Act only provides injunctive relief, not monetary damages.False

49. Domain names may be registered by filing the appropriate form with the domain name registration service and paying the appropriate feeTrue

50. Under the Uniform Computer Information Transactions Act, what is the effect of putting additional terms into an acceptance delivered through an electronic agent?The additional terms are ignored and a contract is formed based on the original terms