Midterm Week 4 Essay

3825 words - 16 pages

1. | Question : | Examine this situation:

John: "I am thinking of selling my end tables from my living room."

Mary: "If you were going to sell them, I would be interested in buying them."

John: "Sold." |
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| Student Answer: | | ( ) There is a contract and Mary is obligated to buy the tables. |
| | | ( ) There is no contract because there was no agreed-upon price. |
| | | (X) There is a contract and the UCC can provide a market price as the price for the contract. |
| | | ( ) There is no contract because there is no offer or acceptance. |
| | | ( ) none of the above. |
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| Points Received: | 0 of 5 |
| Comments: | |
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2. | ...view middle of the document...

The new Florida statute is: |
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| Student Answer: | | ( ) a permissible regulation of commerce. |
| | | ( ) permissible so long as the statute promotes the health and welfare of the state's residents. |
| | | (X) an impermissible regulation of interstate commerce. |
| | | ( ) constitutional if there is a regulatory protest means available. |
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| Points Received: | 5 of 5 |
| Comments: | |
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7. | Question : | The "But for" test: |
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| Student Answer: | | ( ) is the test for res ipsa loquitor. |
| | | (X) is the test for causation. |
| | | ( ) has been eliminated as the causation test in negligence cases. |
| | | ( ) none of the above. |
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| Points Received: | 5 of 5 |
| Comments: | |
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8. | Question : | Under common law, any variance in the terms in an acceptance: |
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| Student Answer: | | (X) is a rejection. |
| | | ( ) is still acceptance so long as materiality is not an issue. |
| | | ( ) results in the battle of the forms. |
| | | ( ) falls under the Statute of Frauds. |
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| Points Received: | 5 of 5 |
| Comments: | |
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9. | Question : | Federal Administrative Regulations for Administrative Agencies can be found where? |
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| Student Answer: | | ( ) in the Federal Bureau of Regulations. |
| | | ( ) where the sun doesn't shine on the government. |
| | | (X) in the Federal Register. |
| | | ( ) in the Federal Courthouse. |
| | | ( ) in the Open Meetings Act. |
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| Points Received: | 5 of 5 |
| Comments: | |
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10. | Question : | Which of the following are ways to potentially challenge an Administrative regulation? |
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| Student Answer: | | ( ) claim that the regulation is ultra vires. |
| | | ( ) claim that the regulation is unconstitutional. |
| | | ( ) argue that there was no public comment period and no publication offered. |
| | | (X) all of the above. |
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| Points Received: | 5 of 5 |
| Comments: | |
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11. | Question : | Examine this situation:

Melanie: "I'll buy that armoire for $775."

Judith: "It's not for sale."

Melanie: "How about $875?"

Judith: "I don't know. It's been in my family for 130 years."

Melanie: "How about $1000?"

Judith: "I'll think about it." |
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| Student Answer: | | ( ) There is an option contract. |
| | | (X) There is no contract. |
| | | ( ) There is a reliance case. |
| | | ( ) There is a quasi-contract. |
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| Points Received: | 5 of 5 |
| Comments: | |
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12. | Question : | Which of the following is not a federal source of law? |
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| Student Answer: | | (X) ordinances. |
| | | ( ) administrative regulations. |
| | | ( ) executive orders. |
| | | ( ) Congressional law. |
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| Points Received: | 5 of 5 |
| Comments: | |
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13. |...

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