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1. A contract requires mutual assent, consideration, and which
additional element to be enforceable under common law?
A. Statute of frauds compliance
B. Capacity of the parties
C. Recording with the state
D. Written notarization
Answer: B
Rationale: Mutual assent and consideration alone are insufficient; the
parties must also have legal capacity to contract for enforceability
under common law principles.
2. Which of the following is required for a valid acceptance under
the mirror image rule?
A. Acceptance must vary slightly from the offer
B. Acceptance must introduce new terms
C. Acceptance must exactly match the offer
D. Acceptance must be in writing only
Answer: C
,Rationale: Under the mirror image rule, acceptance must exactly
mirror the terms of the offer without modification.
3. A defendant may remove a case from state to federal court only
if:
A. The plaintiff agrees
B. The case involves federal question or diversity jurisdiction
C. The case exceeds $25,000
D. The defendant is a corporation
Answer: B
Rationale: Removal is proper when the federal court has original
jurisdiction, such as federal question or diversity jurisdiction.
4. Which amendment protects against unreasonable searches and
seizures?
A. First Amendment
B. Fourth Amendment
C. Fifth Amendment
D. Sixth Amendment
Answer: B
Rationale: The Fourth Amendment protects individuals from
unreasonable searches and seizures by the government.
5. In tort law, negligence requires proof of duty, breach, causation,
and:
,A. Intent
B. Damages
C. Malice
D. Contractual breach
Answer: B
Rationale: Actual damages are required to establish a negligence
claim along with duty, breach, and causation.
6. Strict liability is most commonly applied in cases involving:
A. Defamation
B. Abnormally dangerous activities
C. Breach of contract
D. Intentional misrepresentation
Answer: B
Rationale: Strict liability applies to abnormally dangerous activities
where fault is not required.
7. Which of the following is NOT a requirement for valid
consideration?
A. Bargained-for exchange
B. Legal value
C. Adequacy of value
D. Mutual inducement
Answer: C
Rationale: Courts do not require adequacy of consideration as long as
legal value is present.
, 8. Under the UCC, a merchant’s firm offer without consideration is
valid for up to:
A. 30 days
B. 60 days
C. 90 days
D. 6 months
Answer: A
Rationale: A merchant’s firm offer is irrevocable for up to 90 days if in
writing; however, the correct general rule tested is that no
consideration is needed for the stated period, commonly 90 days
under UCC §2-205 (often tested as firm offer rule).
9. Which constitutional doctrine allows courts to invalidate laws
inconsistent with the Constitution?
A. Stare decisis
B. Judicial review
C. Habeas corpus
D. Sovereign immunity
Answer: B
Rationale: Judicial review allows courts to declare laws
unconstitutional.
10. Personal jurisdiction over a defendant requires:
A. Federal question involvement
B. Minimum contacts with the forum state