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The Law of Contracts and the Uniform Commercial Code 2nd Edition by Pamela Tepper - Test Bank

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,CHAPTER 19 - Analyzing a Contracts Problem: Putting Theory into Practice


TRUE/FALSE

1. Whether a transaction is common law or a U.C.C. transaction is not dispositive in determining the
applicable law.

a. True
b. False

ANS: F PTS: 1

2. Federal jurisdiction consists of diversity jurisdiction and federal question jurisdiction.

a. True
b. False

ANS: T PTS: 1

3. States and federal courts do not have concurrent jurisdiction.

a. True
b. False

ANS: F PTS: 1

4. Jurisdiction can be contractually determined by the parties.

a. True
b. False

ANS: T PTS: 1

5. Formation is one of the issues that can be considered in analyzing contracts case.

a. True
b. False

ANS: T PTS: 1

6. Under the U.C.C., considering whether the parties are merchants or nonmerchants is important.

a. True
b. False

ANS: T PTS: 1

7. Contracts transactions cannot contain both common law and U.C.C. issues.

a. True
b. False

ANS: F PTS: 1

, 8. In preparing legal research for a contracts assignment only primary sources of law can be cited.

a. True
b. False

ANS: F PTS: 1

9. When preparing a legal document, you should never include legalese.

a. True
b. False

ANS: F PTS: 1

10. Only edit a document once for grammar and typographical errors.

a. True
b. False

ANS: F PTS: 1


MULTIPLE CHOICE

1. A contract can be based on __________.

a. Common law c. Both a and c
b. Uniform Commercial Code d. None of the above
ANS: C PTS: 1

2. Venue is __________.

a. Choice of law c. Jurisdiction of defendant
b. Place dispute filed d. Jurisdiction of plaintiff
ANS: B PTS: 1

3. Federal jurisdiction consists of __________.

a. Diversity jurisdiction c. Only a
b. Federal question jurisdiction d. Both a and b
ANS: D PTS: 1

4. A court must have both __________.
a. General and concurrent jurisdiction
b. Personal and subject matter jurisdiction
c. Only exclusive jurisdiction
d. Pendent jurisdiction
ANS: B PTS: 1

5. A contract must have __________.

a. Legal purpose and legal subject c. Mutual assent

, b. Consideration d. All of the above
ANS: D PTS: 1

6. The Uniform Commercial Code modifies __________.

a. Firm offer rule c. All of the above
b. Mirror image rule d. None of the above
ANS: C PTS: 1

7. Mandatory primary source in legal research must be __________.

a. Ignored c. Dismissed
b. Followed d. Rejected
ANS: B PTS: 1

8. A secondary source is considered __________.

a. Mandatory c. All of the above
b. Persuasive d. None of the above
ANS: B PTS: 1

9. Verifying the history or treatment of a case in contracts is __________.

a. A necessary research step c. An optional research step
b. An unnecessary research step d. None of the above
ANS: A PTS: 1

10. Along with editing, another important final step is __________.

a. Proofreading c. Citation review
b. Grammar check d. All of the above
ANS: D PTS: 1


MATCHING


a. federal question jurisdiction
b. secondary source
c. persuasive primary source
d. mandatory primary source
e. general jurisdiction
f. limited jurisdiction
g. pendent jurisdiction
h. concurrent jurisdiction
i. exclusive jurisdiction
j. primary sources
1. Jurisdiction involving the U.S. Constitution, federal statute, or U.S. government.
2. Court’s authority to hear any type of claim.

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