Which of the following is not true regarding common law?

Solution Summary

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Which of the following is not true regarding common law?

a)The common law of the United States originally came from England.

b) Judges must strictly follow precedent in all cases.

c) A drawback of common law is that legal decisions may be followed after they have become outdated or no longer relevant.

d) Common law is called common law because judges in England were intended to apply laws similarly is all jurisdictions, thereby making the law common to all.

Which of the following is a false statement?

a) Essentially, corporate income is taxed twice when it is distributed to shareholders as dividends under U.S. tax and business laws.

b) A limited liability company (LLC) limits the liability of its members in the United States for business debts.

c) A general partnership for liability purposes is not usually considered a legal entity apart from its owners under U.S. laws.

d) Agreements to form a partnership always must be written under U.S. laws since there could be disagreements between partners otherwise.

What is a FALSE statement regarding monopolization analysis pursuant to Section 2 of the Sherman Act?

a. One generally cannot be guilty of or liable for monopolization without having a monopoly first.
b. One can have a monopoly but not have monopoly power and thus not be a monopolizing company.
c. All monopolies are illegal since they are inherently unfair to consumers.
d. Wrongful conduct by a monopoly to establish the legal wrong of monopolization includes illegal AND unethical, predatory, or abusive conduct (which is not necessarily illegal).

Excel Corporation agrees to sell the latest version of its Go! computer game to National Retail Company. Excel delivers an outdated version of Go! (nonconforming goods). National's possible remedies may include

a) recovering damages only.
b) rejecting part or all of the goods, or revoking acceptance only.
c) recovering damages, rejecting goods, or revoking acceptance.
d) none of the above.

The Uniform Commercial Code is

a) A state law governing commerce
b) A federal law governing commerce
c) An international law governing commerce
d) A model act

Which of the following best describes the overall scheme of pollution regulation in the United States?

Exclusively federal law.

Exclusively state law with minimal federal oversight.

Exclusively state law, but with considerable federal oversight.

Primarily federal law, but considerable state law as well.

If an important contract term is ambiguous, the contract under the common law is

Probably illegal as against public policy

Probably enforceable

Probably unconscionable

Probably unenforceable

335. Which of the following statements is not correct?

Generally, a state court can exercise jurisdiction over a nonresident by showing that he or she had sufficient contacts with the state.

A lawsuit involving a federal question can originate in a federal court in the United States.

The United States Supreme Court has automatic appellate authority over all cases decided in the state courts.

An answer to a lawsuit can admit to allegations made in a complaint in the U.S. civil law system.

Which is FALSE regarding a traditional business partnership pursuant to the Uniform Partnership Act?

a. Absent an agreement partnership profits are shared equally by the partners regardless of any individual's partner contribution, knowledge, skills, and/or efforts.
b. Absent an agreement partners are not entitled to any salary or remuneration for acting in the partnership business.
c. Partners are regarded as agents of the partnership when acting in the partnership business.
d. The dissolution of a partnership will always lead to a winding-up, liquidation, and termination of the partnership.

The requirement(s) of a valid offer in contract law is(are) the following:

a. The manifestation of a definite intent to enter into a contract by the offeror and the communication of this intent to the offeree
b. Reasonable definitiveness in the terms of the offer
c. Serious intent on the part of the offeror as determined by the "reasonable person" test
d. All of the above.

Which of the following is a true statement?

Building contractors and subcontractors are usually not independent contractors.

An agency relationship can be formed only in a witnessed and signed writing since it is a high-level business relationship.

There generally does not need to be a written agreement between the principal and agent in order to create an agency relationship.

An agent does not owe to his or her principal a duty to act in good faith.

Pat and Don submit their dispute to binding arbitration. A court can set aside the arbitrator's award if

Don is not satisfied with the award.

Pat is not satisfied with the award.

the award involves at least $75,000.

the award violates public policy or if bad faith was involved.

Gamma Company and Omega Corporation enter into an oral contract for the sale of a warehouse. Before Omega takes possession, this contract is enforceable by

Gamma only.

Gamma or Omega.

neither Gamma nor Omega.

Omega only.

Alpha Inc., a U.S. firm, signs a contract with Beta, Ltd., a Russian company, to give Beta the right to sell Alpha's products in Russia. This is usually known as:

a distribution agreement.

a joint venture.

direct exporting.

licensing.

Which is NOT a violation of U.S. anti-trust law?

a. Horizontal price-fixing by competitors
b. Vertical price-fixing that is not supported by the Rule of Reason
c. A group boycott of manufacturers against retailers motivated by economic reasons
d. A unilateral refusal to deal by a manufacturer against a retailer who disregards the manufacturer's MSRP (manufacturer's suggested retail price).

Which is TRUE regarding the employment at-will doctrine in the United States?

a. It can result in a legal but immoral discharge of an employee.
b. It cannot be changed by a contract between the employer and the employee.
c. It is operable in the U.S. and can result in a discharge without notice or cause or good cause but the employer based on federal law has to pay severance to the discharged employee based on the number of years he or she has worked for the firm.
d. It supersedes and prevails over Title VII of the Civil Rights Act.

Which of the following is a false statement?

A person who does not know of a reward offer can never claim it since how can one accept what one does not know of.

For common law consideration to be legally sufficient, it does not necessarily have to consist of the payment of money or transfer of goods.

A promise by one party to pay another for refraining from performing a legal act is generally enforceable under the common law.

Normally, a court in the U.S. applying the common law of contract will be able to question the adequacy of consideration to see if the contract is a fair one.

Which of the following statements is false?

Only the government may enforce antitrust law.

Private parties, including injured consumers, may enforce the antitrust laws.

The antitrust laws provide for both criminal and civil sanctions.

Successful anti-trust plaintiffs can recover three times their actual damages.

A contractual clause establishing an amount of prospective damages for breach is best described legally as

Mitigation of damages

Liquidated damages

Against the law

Limitation of damages