Exam All Answers and Illustrations
Given
True - 🧠 ANSWER ✔✔-If the jurisdiction of the federal courts is based on
diversity of citizenship, the subject matter of the dispute may be which
state's law applies
Judical Branch - 🧠 ANSWER ✔✔-is charged with deciding if another branch
of government has the power to enact a new law
Complaint - 🧠 ANSWER ✔✔-This must include a requested remedy
Rulemaking function of administrative agencys - 🧠 ANSWER ✔✔-A public
hearing is required if request by a government agency or 25 interested
individuals
Investigative Function of administrative agencys - 🧠 ANSWER ✔✔-receive
the power to use subpoenas from legislation
Contracts - 🧠 ANSWER ✔✔these may be illegal for the following reasons:
---are contray to constitutional law
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, ---are contrary to statutory law
---are contrary to case law
---are against public law
---contrary to tort law is not a thing
Exculpatory Clause - 🧠 ANSWER ✔✔-These are typically unenforceable
when the complaining party has a bargaining disadvantage
Frustration of purpose - 🧠 ANSWER ✔✔-occurs when an unforeseen event
undermines a party's principal purpose for entering into a contract, and
both parties knew of this principal purpose at the time the contract was
made
Anticipatory breach - 🧠 ANSWER ✔✔-this only applies to bi-lateral
contracts
nonbreaching party - 🧠 ANSWER ✔✔-a minor breach of contract may
temporarily suspend a duty of performance for these people
True - 🧠 ANSWER ✔✔-One type of consideration is a binding promise
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