Core Legal Ideas
Core Legal Ideas

Core Legal Ideas

Lead Author(s): Saylor Academy

Source: Saylor

Student Price: FREE

This question pack surveys contract law, torts, criminal law, property law, and legal ethics.

This content is licensed under the Creative Commons Attribution 3.0 Unported License.

Contract Law

Which of the following elements are required to form a contract?

A

Offer, acceptance, and exchange of money

B

Offer, acceptance, and consideration

C

Offer, counter‑offer, and mutual assent

D

Invitation to bargain, offer, and consideration

Contract Law

If someone offers to sell you an iPad for $250 and you make a counter‑offer of $150:

A

your counter‑offer will be considered an acceptance.

B

your counter‑offer binds the offeror.

C

your counter‑offer serves as a rejection of the seller’s offer.

D

you can still bind the offeror by later accepting the original offer of $250.

Contract Law

Consider the following scenario and choose the correct answer from the options below.

You accept an employment contract for a term of one year with XYZ Corp. to design widgets, with a compensation of $75,000 for the year. Three weeks following your acceptance, your project supervisor presents you with a new contract that includes the requirement that you make coffee every morning.

If you sign the new contract, what will be the likely result?

A

You will be bound to the new contract because you accepted the initial offer.

B

You will not be bound to the new contract because your acceptance of the initial contract does not mirror the current offer.

C

You will be bound to the new contract because the subject matter of the contract is legal.

D

You will not be bound to the new contract because no additional consideration has been provided.

Contract Law

You are offered an iPad for $250. You respond by telling the offeror, "I agree to buy the iPad for $250 if it does not rain tomorrow." What is the likely result of your statement in terms of whether this interaction constitutes a contractual agreement?

A

There is no contract because the consideration is illusory.

B

There is a valid contract because the consideration is valid.

C

There is no contract because you have made a counter‑offer.

D

There is a valid contract because you will suffer a legal detriment.

Contract Law

Consider the following scenario and choose the correct answer from the options below.

You are having your kitchen remodeled. You hire a contractor to put in new cabinets, tile the floor, and paint the walls green. When the contractor is done, you review the work and find that the contractor has painted the walls blue.

What will you likely need to do as a result of this scenario?

A

You will not have to pay the contractor because he or she has breached the contract.

B

You will have to pay the contractor the contract price, less the costs of repainting, due to the principle of substantial performance.

C

You will have to pay the contractor because the error amounts to a material breach.

D

You will have to pay the contractor because the breach is not material.

Contract Law

Performance to the standard of personal satisfaction is:

A

never enforceable.

B

enforceable in service contracts.

C

enforceable if the circumstances suggest that such a high standard is reasonable.

D

enforceable if the contract explicitly requires it.

Contract Law

In order to be considered negotiable, an instrument must meet which of the following requirements?

A

It must be in writing and must be for a fixed or indefinite amount of money.

B

It must be signed by the maker or drawer and must contain either a conditional or unconditional promise or order to pay.

C

It must be an oral or written agreement with an unconditional promise or order to pay.

D

It must be signed by the maker or drawer and must be payable to order or bearer, unless it is a check.

Contract Law

A negotiable instrument must be signed by the maker or drawer. In practice, this means that:

A

any symbol used with intent to authenticate the writing is acceptable.

B

the signature must be executed in personal handwriting.

C

a written personal signature must follow the terms of the instrument.

D

only handwritten or stamped signatures are acceptable.

Contract Law

Under the UCC, an instrument will not be negotiable if:

A

it refers to another writing.

B

it states an express condition.

C

payment is limited to being from a specific source or fund.

D

All of the above answers are correct.

Contract Law

Under common law, an employee who does not have an employment contract:

A

can be fired at any time.

B

is protected from being fired by federal law.

C

is treated no differently from an employee who does have a contract.

D

cannot be discriminated against in employment.

Contract Law

Consider the following scenario and choose the correct answer from the options below.

You go to a job interview for a new position at a company. The position is not subject to a written contract. The Human Resources manager says the company will offer you an initial compensation of $40,000 annually. However, when you receive your first paycheck, you find that you are making only $30,000 annually.

If you consider taking legal action as a result of this pay discrepancy, which of the following will be a likely result of this scenario?

A

You will not have a cause of action because you are an at‑will employee.

B

You may have a cause of action for an enforceable oral promise.

C

You will not have a cause of action because employment contracts must be in writing.

D

You may have a cause of action because this situation goes against public policy.

Property Law

What type of property includes land, as well as certain things attached to land?

A

Real property

B

Personal property

C

Chattel

D

Fungible property

Property Law

In addition to land, what can real property include?

A

Certain things attached to land

B

Subsurface rights

C

Plants and trees severed from the land

D

Answers A and B are both correct.

Property Law

What is chattel?

A

Intangible personal property

B

Moveable tangible personal property

C

Property that can easily be substituted by other property

D

Real property

Property Law

A finder of personal property may claim ownership of the property if the property has been:

A

Lost

B

Mislaid

C

Abandoned

D

None of the above answers is correct.

Property Law

A trademark:

A

is invalid if it becomes associated with a class of goods.

B

remains valid forever.

C

must refer to a class of goods.

D

is invalid if it refers to a specific producer or origin.

Tort Law

If a tortfeasor knows with substantial certainty that certain consequences will result from his or her act, the tort he or she is liable for is:

A

Negligence

B

Strict liability

C

An intentional tort

D

A breach of contract

Tort Law

In an action for negligence, if the plaintiff proves that the defendant has had (1) a duty of care, (2) a breach of that duty, and (3) causation, he or she will still have to prove:

A

Intent

B

Recklessness

C

Strict liability

D

Injury

Tort Law

In strict liability, any retailer, wholesaler, or manufacturer is strictly liable if it:

A

sells an unreasonably dangerous product.

B

breaches a duty of care.

C

sells a product with an intent to harm someone.

D

sells a product to someone who has assumed the risk.

Criminal Law

Fill in the blanks to complete the statement below.

The burden of proof in a criminal case is ______________, while the burden of proof in a civil tort case is generally ______________.

A

preponderance of the evidence; beyond a reasonable doubt

B

clear and convincing evidence; preponderance of the evidence

C

beyond a reasonable doubt; preponderance of the evidence

D

beyond a reasonable doubt; clear and convincing evidence

Criminal Law

When someone takes property that was in his or her possession but that he or she does not own and converts it to his or her own use, what crime has that person committed?

A

Larceny

B

Operating a Ponzi scheme

C

A RICO violation

D

Embezzlement

Criminal Law

A crime for which the maximum punishment may be death or imprisonment for one year or more is called:

A

malum in se.

B

a misdemeanor.

C

a felony.

D

a capital crime.

Professional Ethics

A lawyer cannot represent a client if:

A

the representation of one client will be directly adverse to another client.

B

representing one or more clients will be seriously limited by the lawyer’s responsibilities to another client.

C

the client is a friend of the lawyer.

D

Both A and B

Contract Law

A legally enforceable promise is known as a:

A

tort.

B

contract.

C

gift.

D

will.

Professional Ethics

According to the Florida Rule of Professional Conduct, a lawyer generally shall not reveal information relating to representation of a client unless:

A

the lawyer believes it is in the best interest of the client.

B

the client gives his or her consent.

C

an opposing party requests the information.

D

the lawyer is deposed.

Criminal Law

In a criminal case, among the elements the prosecutor must prove is mens rea, which means:

A

a guilty act constituted by a physical act or unlawful omission by the defendant.

B

proximate cause which results in harm.

C

a harmful result caused both factually and proximately by a defendant’s act.

D

a guilty mind constituted by the state of mind or intent of the defendant.

Professional Ethics

Money that must be placed in a client trust account includes:

A

money the client pays in legal fees.

B

money the client pays for court fees.

C

money belonging to a client, such as insurance payments.

D

money payable to lawyers and paralegals as salary.

Professional Ethics

Most states use ______________ to regulate the conduct of attorneys.

A

the Model Code of Professional Responsibility

B

approaches unique to their state

C

the Model Rules of Professional Conduct

D

statutes

Tort Law

Product liability is a concept in tort law that is generally considered to be:

A

an intentional tort.

B

a strict liability tort.

C

negligence.

D

breach of contract.

Tort Law

Which of the following is a category of tort law?

A

Intentional torts

B

Negligence

C

Strict liability

D

All of these answers

Property Law

______________ is a concept in property law that refers to the right to exclude others.

A

Ownership

B

Intangible property

C

Torts

D

Tangible property

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