LSB TEST 2 QUESTIONS AND
CORRECT ANSWERS
Phan offers to buy a Rickenbacker guitar owned by Chris Isaac for twice what Isaac
paid for it. He accepts and hands the guitar to Phan. His delivery of the guitar is
•(a)not consideration because her voluntary consent may be lacking
.•(b)not consideration because the exchange is not a bargain
.•(c)consideration
.•(d)not consideration because the value is not legally sufficient - Answer-c,
consideration
Stephen offers Theresa $1,000 for her collection of rare coins. She accepts. If a dispute
arises, a court would likely
(a) enforce the deal after questioning the adequacy of consideration.
(b) not question the adequacy of the consideration.
(c) rewrite the deal after questioning the adequacy of consideration.
(d) set aside the deal after questioning the adequacy of consideration - Answer-b, not
question the adequacy of the consideration
What are "unbundled" legal services? - Answer-This term refers to a lawyer agreeing
with an appropriate client to provide less than full-service representation
What things must the plaintiff include in the complaint? - Answer-The court has
jurisdiction over the subject matter and the parties;
•The plaintiff's legal theories; and,
•The plaintiff's desired relief or remedies
, How does the plaintiff notify the defendant of the lawsuit? - Answer-By service of
process
•So the plaintiff will deliver a summons and a copy of the complaint to the defendant
Contractual Capacity - Answer-: this is the legal ability to enter into a contractual
relationship
Usury - Answer-: a contract violating the maximum lawful interest rate
Covenants Not to Compete and the Sale of an Ongoing Business: - Answer-to be
enforceable, geographic restrictions must be reasonable and must be effective only for
a reasonable period of time after the sale is completed
The establishment clause prohibits the government from establishing a _____-
_________ religion, or passing laws that favor one over the other - Answer-= state-
sponsored
Why didn't the Framers of the Constitution want a national religion? - Answer-to prevent
the federal or state governments from endorsing or supporting any specific religion in
any manner. The Framers were concerned that intertwining government and religion
would lead to oppression
What clause guarantees a person's right to freely exercise her religion? - Answer-The
free exercise clause
The test: •(1) the government must have a _________ state interest if it passes a law
that restricts the free exercise of religion; and,•(2) the restriction must be the only way to
further the interest - Answer-compelling
3) Did Missouri violate the free exercise clause by providing assistance—soft material
for the bottom of playgrounds—to public and secular private schools, but to not religious
school? Trinity Lutheran Church of Columbia, Inc. v. Comer (2017 - Answer-yes
(1) Which one wins, a prison policy forbidding facial hair or an inmate's right to grow a
beard based on Muslim beliefs? Holt v. Hobbs (2015) - Answer-the inmate's right
What about in the work place? Must employers reasonably accommodate sincerely held
beliefs of their employees? - Answer-yes!
What's the exception to the rule concerning free exercise? - Answer-The government
can act in protecting the public when religious practices work against the public welfare
t will the 5th Amendment protect a corporation or a partnership? - Answer-no but it does
protect partnerships and llcs
CORRECT ANSWERS
Phan offers to buy a Rickenbacker guitar owned by Chris Isaac for twice what Isaac
paid for it. He accepts and hands the guitar to Phan. His delivery of the guitar is
•(a)not consideration because her voluntary consent may be lacking
.•(b)not consideration because the exchange is not a bargain
.•(c)consideration
.•(d)not consideration because the value is not legally sufficient - Answer-c,
consideration
Stephen offers Theresa $1,000 for her collection of rare coins. She accepts. If a dispute
arises, a court would likely
(a) enforce the deal after questioning the adequacy of consideration.
(b) not question the adequacy of the consideration.
(c) rewrite the deal after questioning the adequacy of consideration.
(d) set aside the deal after questioning the adequacy of consideration - Answer-b, not
question the adequacy of the consideration
What are "unbundled" legal services? - Answer-This term refers to a lawyer agreeing
with an appropriate client to provide less than full-service representation
What things must the plaintiff include in the complaint? - Answer-The court has
jurisdiction over the subject matter and the parties;
•The plaintiff's legal theories; and,
•The plaintiff's desired relief or remedies
, How does the plaintiff notify the defendant of the lawsuit? - Answer-By service of
process
•So the plaintiff will deliver a summons and a copy of the complaint to the defendant
Contractual Capacity - Answer-: this is the legal ability to enter into a contractual
relationship
Usury - Answer-: a contract violating the maximum lawful interest rate
Covenants Not to Compete and the Sale of an Ongoing Business: - Answer-to be
enforceable, geographic restrictions must be reasonable and must be effective only for
a reasonable period of time after the sale is completed
The establishment clause prohibits the government from establishing a _____-
_________ religion, or passing laws that favor one over the other - Answer-= state-
sponsored
Why didn't the Framers of the Constitution want a national religion? - Answer-to prevent
the federal or state governments from endorsing or supporting any specific religion in
any manner. The Framers were concerned that intertwining government and religion
would lead to oppression
What clause guarantees a person's right to freely exercise her religion? - Answer-The
free exercise clause
The test: •(1) the government must have a _________ state interest if it passes a law
that restricts the free exercise of religion; and,•(2) the restriction must be the only way to
further the interest - Answer-compelling
3) Did Missouri violate the free exercise clause by providing assistance—soft material
for the bottom of playgrounds—to public and secular private schools, but to not religious
school? Trinity Lutheran Church of Columbia, Inc. v. Comer (2017 - Answer-yes
(1) Which one wins, a prison policy forbidding facial hair or an inmate's right to grow a
beard based on Muslim beliefs? Holt v. Hobbs (2015) - Answer-the inmate's right
What about in the work place? Must employers reasonably accommodate sincerely held
beliefs of their employees? - Answer-yes!
What's the exception to the rule concerning free exercise? - Answer-The government
can act in protecting the public when religious practices work against the public welfare
t will the 5th Amendment protect a corporation or a partnership? - Answer-no but it does
protect partnerships and llcs