Law Command of a Sovereign Essay schoolwork
Assignment ID Number AFFGEHU83939HD Type of Document Essay Writing Format APA/MLA/Harvard Academic Level Masters/University References/Sources 4 References
Law Command of a Sovereign Essay schoolwork
Question 1 2 pts
A holding is the court’s complete answer to an issue that is critical to deciding the case and thus gives guidance to the meaning of the case as a precedent for future cases.
Question 2 2 pts
What is legal is not necessarily ethical and what is ethical is not necessarily legal.
Question 3 2 pts
Under the FOIA, it is not legally required by the agencies to notify a company whose data they are about to disclose.
Question 4 2 pts
Assault is unauthorized and harmful or offensive physical contact with another person that causes injury.
Question 5 2 pts
A contract induced by improper threats or undue influence is void.
Question 6 4.5 pts
According to which school of thought is law the command of a sovereign?
a. Positive-law school of legal thought b. Natural-law school of legal thought
c. Legal realist school of thought d. Critical legal studies school of thought
Question 7 4.5 pts
According to contract law _____.
a. harming others is considered unethical b. private ownership of property is socially useful
c. anarchy is caused if people are not restrained by law d. promise-breaking is seen as unethical
Question 8 4.5 pts
According to utilitarianism, _____.
a. results, not rules, are emphasized b. ethical action arises from doing one’s duty
c. duties are defined by rational thought d. emphasis is on what is the fair way to distribute goods among a group of people
Question 9 4.5 pts
According to the stakeholder theory, _____.
a. having gone along with legal duties, the corporation can ignore any other social obligations b. a corporation’s social responsibilities are limited to staying within the law only
c. all the stakeholders to a corporate decision deserve some kind of moral consideration d. a socially responsible corporation is likely to consider the impact of its decision on the shareholders only
Question 10 4.5 pts
State and local courts must honor both federal law and the laws of the other states. Which of the following is true?
a. State courts must honor federal law all the time. b. Under the full faith and credit clause, each state court is obligated to respect the final judgments of courts in other states.
c. A contract dispute resolved by an Arkansas court can be relitigated in North Dakota when the plaintiff wants to collect on the Arkansas judgment in North Dakota. d. State courts do not have to consider the laws of other states in deciding cases involving issues when drivers from two different states collide in a third state.
Question 11 4.5 pts
Which of the following is stated by Article I, Section 8, which sets forth the powers of the federal legislature?
a. The Congress shall have power to regulate commerce with foreign nations b. The United States would have different duties, imposts and excises for each state
c. The president should be the commander in chief of the armed forces d. Individual rights must be preserved against activities of the federal government.
Question 12 4.5 pts
An individual or a company may challenge agency action where such action is _____:
a. in accordance with the agency’s scope of authority b. in accordance with the U.S. Constitution or the Administrative Procedure Act
c. unwarranted by the facts d. in accordance with the substantial evidence test
Question 13 4.5 pts
Which of the following is true about criminal law?
a. Plaintiffs seek compensation. b. Plaintiffs seek remedies for themselves
c. It involves harm to certain individuals, not society d. It is the most ancient branch of law.
Question 14 4.5 pts
Which of the following is an example of a battery?
a. Pointing a loaded gun at a person b. Swinging a fist at someone without hitting him/her.
c. A person poking someone in the chest with his/her finger to emphasize a point. d. Throwing an object at a person that causes a nearby person anxiety.
Question 15 4.5 pts
George offers to sell his car to Suzy for $10,000 on the coming Sunday, to which Suzy agrees. They write down the details on a paper. On the decided day, Suzy pays the cash to George, but he refuses to sell the car to her saying that his friend Marty has offered to pay $30,000 for the same car. On the basis of which doctrine can Suzy sue George?
a. Quasi-contract b. Implied contract
c. Partially executed contract d. Both (a) and (b).
e. Promissory estoppel
Question 16 4.5 pts
According to the Uniform Electronic Transactions Act (UETA), which of the following is true?
a. A record or signature may be denied legal effect solely because it is in electronic form. b. A contract may not be denied enforceability solely because an electronic record was used in its formation.
c. If a law requires a record to be in writing, an electronic record cannot satisfy the law. d. If a law requires a signature, an electronic signature cannot satisfy the law.
Question 17 4.5 pts
Which of the following is true of fraudulent misrepresentation?
a. If a statement of fact is made false by later events, it must be disclosed as false. b. Fraudulent misrepresentation is a misstatement of facts that is unintentionally made and justifiably relied upon.
c. A fraudulent misrepresentation is a crime. d. A half-truth cannot amount to misrepresentation
Question 18 4.5 pts
Which of the following promises is enforceable without consideration according to the common law?
a. Alleged breach of contract b. Bankruptcy
c. international contracts d. Promissory estoppel
Question 19 4.5 pts
A contract presented to the offeree to take or leave without bargaining is known as a(n) _____.
a. contract of adhesion b. conditional contract
c. unilateral contract d. None of the above.
Question 20 4.5 pts
The usage of trade is a _____.
a. pattern of behavior between parties showing how they intend their relationship to work b. customary way of doing business that may be used to inform the parties’ contractual intentions
c. promise to pay a debt which need not be in writing if the promisor was motivated by a desire for advantage or benefit d. contract term stating that the written agreement contains the parties’ full understanding and intent
Question 21 4.5 pts
Naomi sells her car to Jack, who assumes her mortgage. Naomi, in other words, has delegated the duty to pay the bank to Jack. This contract is called:
a. a consumer transaction b. a novation.
c. a privity. d. an assignor’s warranties
Question 22 4.5 pts
Under the Uniform Commercial Code, which of the following is said to have occurred when either of the two parties exercises a lawful right to end the contract other than for breach?
a. Cancellation b. Termination
c. Anticipatory breach d. Mutual rescission
Question 23 4.5 pts
_____ conditions are understood to be part of the contract.
a. Implied b. Expressed
c. Mutual d. Concurrent
e. (a) and (b) but not (c)
Question 24 4.5 pts
The remedy for _____ is to put the promisee in a position as good as that which he would have been in had the contract been performed.
a. reliance interest b. restitution interest
c. expectation interest d. compensatory damages
Question 25 4.5 pts
Loss from _____ damages includes expenditures that the nonbreaching party incurs in attempting to minimize the loss that flows from the breach.
a. punitive b. liquidated
c. incidental d. consequential
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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