24. Corvallis-Albany Candle Company faxes an order form to Candle Manufacturing Company (CMC) offering to purchase 10,000 yellow candles at $1.00 each. CMC replies by fax and says “sounds good,—we’re very busy, so delivery will be next month”. How will CMC’’s response be treated?
a. As a counter-offer and rejectionb. As an acceptance with additional terms proposed that will not automatically become part of the contract.c. As an acceptance with additional terms that will become a part of the contract unless the original offer was condition upon CMC not proposing additional terms, the additional terms do not materially alter the contract, and Corvallis-Albany Candle Company does not object to the additional terms within a reasonable period of time.d. As a rescission
25. Corvallis-Albany Candle Company faxes an order form to Candle Manufacturing Company (CMC) offering to purchase “an order of candles—yellow, red and blue—at $1 each, to arrive within one week.” Is this a valid offer?a. Yesb. No.
26. Jason offers to sell Freddie his commercial building on Elm St. for $1million. Freddie responds, “I’ll give you $900,000.” Jason does not respond. Can Freddie later accept Jason’s offer to sell the building for $1million?a. Yesb. No, Freddie’s counter-offer was a rejection of Jason’s offer to sell for $1 million.c. Yes, if he does so within a reasonable amount of timed. None of the above
27. I offer a $200 reward for whomever finds my lost dog. You see my announcement regarding the award on a sign at the grocery store. You find my dog. Is that acceptance of my offer?a. Yes, but only if my dog is worth $200b. No.c. Yesd. None of the above
28. Braxon Guitar Company offers to sell 25 guitars at $450 each to ABC Music Store. ABC Music Store accepts. One week later, Braxon contacts ABC stating that they will not sell the guitars for less than $475 each. ABC agrees to modify the contract and pay $475 per guitar. Braxon and ABC sign a new contract. After delivery, ABC pays only $450 per guitar. Does ABC owe the additional $25 per guitar?a. Yes.b. No
30. States must give full faith and credit to the judgments of other states:a. If the state agrees with the decision of the other stateb. neverc. alwaysd. if the laws within the states are consistent
31 The ________________________ requires that courts not look at evidence outside the four corners of the contract when interpreting the terms of a contract.a. Mens reab. the statute of fraudsc. the parole evidence ruled. none of the above
32. We determine whether a party has acted negligently by asking whether the harm done was a(n) ___________________ result of the party’s conduct.a. Reasonableb. Inevitablec. Intentionald. Foreseeable.
33. The lowest level of scrutiny applied by the courts in its substantive due process analysis and equal protection analysis is:a. Intermediate Reviewb. Strict scrutinyc. Rational Basis Reviewd. None of the above
34. Mark lives in California. While visiting Oregon he is in a car accident and hits Jill’s car, causing $85,000 in damage. Jill is a Citizen of Oregon. Mark is testifying in court regarding the accident. Where could Mark be testifying?a. State court of appealsb. State trial courtc. Federal District Courtd. b or c
35. Corn-on-the Cob catering company is a large corporation specializing in catering services. Corn-on-the Cob is incorporated in Delaware. Its principal place of business / headquarters is located in Oregon. It has offices in California, Arizona, and Texas. What state would have personal jurisdiction over Corn-on-the Cob?a. Delawareb. Oregonc. Californiad. Arizonae. Texasf. All of the above
36. Same facts as number 35 above. In what state is Corn-on-the-Cob considered “domiciled” (or a resident) for purposes of a Federal Court taking jurisdiction based on diversity?a. Delaware and Oregonb. California, Arizona, and Texasc. Delaware, onlyd. a & b
37. Gary lives in Illinois. He works for a company based in Arizona. He learns that certain managers in the company are engaging in illegal activity. He exposes the actions of the managers and his employment is terminated (he is fired) as a result, which is a violation of federal and state statutes. He files a lawsuit against his employer under the state and federal laws. Can he sue in Federal court?a. Yes, absolutely.b. Yes, but only if he seeks damages of at least $75,000. Otherwise he must sue in state court.c. Yes, but only if the Missouri company agrees. Otherwise he must sue in state court.d. No.
38 In a court case, this is the process during which the parties seek to gather more facts that might help them when they put on their cases at trial:a. Complaintb. Discoveryc. Appeald. Motion
39. When someone does not live in a state or have property in the state, the state must rely on _________________________ to obtain jurisdiction over the person.a. In rem jurisdictionb. Full Faith and Creditc. Stare Decisisd. The state’s long-arm statute 40 State and federal laws can regulate in the same area if: a. The state and federal laws do not conflict b. The state and federal laws do not conflict and the federal government has not indicated a desire to exclusively regulate in the area c. never d. The state and federal laws do not conflict and the state government has not indicated a desire to exclusively regulate in the area.