Legal Question & Answers With APA Style

Legal Questions and Answers

Following the American Psychological Association Style Guide

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Professor

Introduction

            This paper will answer 27 Legal questions.

Questions and Answers

1. Trevor takes a bottle of Coca-Cola to the cashier at the grocery store, and hands over enough cash to pay for it. The cashier hands back change, and a sales receipt showing that the Coca-Cola has been paid for. Trevor never says a thing, and the cashier never says a thing. This transaction is an example of an:
A. Implied contract for the sale of goods.
B. Express contract for the sale of goods.
C. The implied contract for services.
D. Express contract for services
E. Not a contract at all
2. Paul’s car has been damaged in a car accident – caused by Denis as the driver of the other car. Paul finds out that Denis does not have liability insurance. Unfortunately, Paul does not carry “uninsured motorists” coverage on his own insurance policy to protect himself against other drivers who are either uninsured or under-insured. So now Paul has to try to get Denis to pay him for the damage to Paul’s car – about $6,000. Paul doesn’t think a lawsuit would be a good idea because Paul doesn’t have much money to hire a lawyer. He has heard that King County offers a free mediation service. Besides it being free, what else is an advantage of mediation over a lawsuit?
a. Paul can probably get a mediation appointment in much less time than it would take to get on the trial court schedule.
b. The dispute between Paul and Denis could be kept private, whereas a lawsuit would be open to the public.
c. The Mediator would be able to make a binding decision, after hearing from both Paul and Denis.

d. Both A and B are true.

e. A, B, and C are all true.
3. “Actus reus” is the wrongful act in the definition of a crime. Most crimes are defined by both an actus reus and a particular state of mind (“mens rea”) while they are committing the wrongful action.

True/False
4. A felony is viewed as being a more serious level of crime than a misdemeanor.

True/False
5. Sue Lin gives her boyfriend a birthday gift of two new dress shirts from the Tommy Bahama store at University Village.
a. Sue Lin’s action in buying the dress shirts is a type of contract.
b. Sue Lin’s action in making the gift to her boyfriend is a type of contract.
c. Both A and B are examples of contracts.
d. Neither A nor B are examples of contracts.
6. All written agreements are contracts.

True/False
7. Donna (a caterer) makes an oral promise to Roberto that she will prepare a four-course meal for 20 people, and bring it over to Roberto’s house at 5 p.m. Saturday, July 29, 2017, just before Roberto’s party, (it begins at 6 p.m.). Roberto promises to pay Donna $400 on Wednesday, July 26, and the balance of $400 on Monday, July 31, after the party has happened. These oral promises are binding on both sides as a contract.

True/False
8. On April 30, Susan signs a written agreement with Ricardo, in which she agrees to sell her house to Ricardo for $300,000. Ricardo promises to pay Susan the money on May 10, in cash or bank wire transfer. On May 1, Susan tells her kids she is selling the house, and they go “ballistic” on her – telling her how stupid she was for not getting an estimate of value from a broker or appraiser before agreeing to sell. Susan then talks to an appraiser, who lets Susan know that the house is worth about $500,000 in today’s hot market in Seattle. Susan immediately sends Ricardo an email in which she tells him she has changed her mind about selling just now. Ricardo is out of luck:

True or False
9. On July 1, Joy signed an agreement in which she promised to sell her laptop computer to Sheryl, for $1,000. Sheryl promised to pay Joy the $1,000 by July 20. Joy promised to have the laptop professionally serviced and to deliver the laptop to Sheryl within one week after Sheryl completes payment. Sheryl made her $1,000 payment right on time – July 20. Joy then took the laptop to a laptop repair facility to have it professionally serviced. Joy just picked up the laptop today and plans to deliver it to Sheryl on August 1. This is as far as things have progressed. At this point, the contract between Joy and Sheryl can be described as
a. not a contract at all – just an exchange of two promises.
b. an implied, executory contract
c. an implied, executed contract
d. an express, executory contract
e. an express, executed contract
10. An enforceable contract always requires
A) both sides must give some kind of consideration to the other
B) cash going from one party to another
C) a signed, written document
D) both sides must be at least 18 years old

11. Rachel is a poor college student, struggling to work part-time and go to college full-time. Rachel’s uncle Roger (feeling sorry for Rachel) sends her a letter in which he promises to pay Rachel $300 per month for the next year so that Rachel can finish up her Associates Degree. Roger makes two of the monthly payments, so Rachel then quits her job to focus on her studies. Roger makes two more monthly payments but then stops making payments, with no explanation at all. Rachel writes Roger, asking for him to explain, but she never hears back from him. If Rachel takes this to court to try to get the remaining $2,400, what is the likely result?
a. Roger should win, as he did not ask Rachel to quit her job, and they did not have a contract.
b. Roger should win, as family members cannot sue each other for breach of an agreement like this.
c. Rachel should win, as a contract was formed when Roger promised to pay her the $300 per month support for a year.
d. Rachel should win. Even though there was no legal contract here, there is another legal theory that Rachel can use to win her case against Roger.
12. The state “Statute of Frauds” lists situations where a contract must be in writing to be enforceable.

True or False
13. Jay goes to an amusement park with some friends. Jay faints and hits his head on a wooden bench. Management of the amusement park calls an ambulance, which takes about 10 minutes to pick Jay up and then take him to the hospital for evaluation. During this 10 minutes time, Jay’s friend Billy-Bob has Jay sign a form, to sell his very valuable antique car (worth about $50,000) to Billy-Bob for only $2,000. Billy-Bob takes the car keys out of Jay’s coat and drives off with the car. Jay is admitted to the hospital with brain concussion, and he is unconscious at the time. The next day, Jay wakes up in the hospital, but remembers nothing about where his car is, or why he has $2,000 in his pocket!
A) Jay has a binding contract with Billy-Bob.
B) Jay should be able to get out of this “agreement” based on “illegality”
C) Jay should be able to get out of this “agreement” based on “lack of proper form”
D) Jay should be able to get out of this “agreement” based on “lack of competency”
14. Based on the facts of the previous question, Jay stays in the hospital for a few days as he is recuperating. Then, a couple of weeks after he gets released from the hospital, Jay receives a bill from the hospital for $10,000. Jay should be able to get out of paying for this because he was not conscious at the time he was admitted to the hospital.

True/False
15. In a bilateral contract, each side gives the other side a promise (to do something, or not to do something, as the “consideration” for the contract.
True/False
16. An offer can be terminated by
A) revocation by the offeror
B) rejection by the offeree
C) counteroffer by the offeree
D) all of the above
E) only two of the above
17. Intentional breach of contract by one party, knowing it will cost the other party money, is a crime.

T/F
18. Filmon has always been interested in real estate. He signs up for a basic introductory class in real estate that North Seattle College offers, as a pre-licensing class. Filmon’s next-door neighbor Derek has decided to sell his house. Derek learns that Filmon is taking the real estate class, and he makes an oral offer to pay Filmon a $1,000 “finder’s fee” if Filmon can advertise Derek’s house and locate a buyer for Derek. Filmon advertises the house online on Craigslist.com and does locate a buyer for Derek. The sale closes successfully, and Filmon asks Derek for his finder’s fee. Derek refuses to pay. The result if Filmon files a lawsuit against Derek? (hint: you may want to read RCW 19.36.010)
a. the judge will enforce the oral agreement against Derek, and order Derek to pay Filmon.
b. the judge will rule against Filmon.
c. the judge will ask the Prosecuting Attorney to file criminal charges against Filmon.
19. Philip offers to sell a used computer to Cameron for $600. Cameron says, “I just can’t pay $600, but I am willing to pay $400.” Cameron's statement is
A) revocation
B) counter offer
C) option
D) puffing
E) none of the above
20. The parents of a missing toddler post a reward for the person who finds and returns their child. The child, asleep in a vacant lot, is found by a police officer on patrol and brings the child to the parents.
A) the officer can accept the offer and collect the reward from the parents.
B) the officer can collect the reward because it would be unconscionable to allow the parents to rescind their offer.
C) the officer cannot collect the reward because he was not a party to the contract.
D) the officer cannot collect the reward because he had a pre-existing legal duty to look for the child.

21. Martin offers to pay Marietta “a million dollars” if she will take his final exam for him. Two other witnesses hear Martin make his offer. Marietta accepts the offer and takes the final exam for Martin. When she asks for payment, Martin refuses. If Marietta takes Martin to court, the judge will probably:
a. send Marietta to jail
b. send Martin to jail
c. enforce the promise as a contract

d. not enforce the agreement – it is not valid as a contract
22. Adam e-mails Barbara, offering to sell her 500 shares of Microsoft common stock for $20 each, for a total of $10,000. Barbara immediately writes back, saying “I accept your offer regarding the 500 shares of Microsoft for $10,000.” At the time, Microsoft shares were usually selling for about $50 each. When Adam realizes what other people are selling their stock for, he sends Barbara a note saying: “I have changed my mind – forget about buying the MSFT shares.” Barbara sends Adam a check for $10,000, but Adam does not cash the check, and he does not transfer the shares to Barbara. If Barbara sues Adam to enforce her bargain regarding the shares of stock, what would the expected result be in court?
a. Adam has a good defense that Barbara was not providing adequate consideration for the shares because the price was too low, and the judge will rule that they had no enforceable contract.
b. Adam has a good defense that he has not cashed the check, so there was no consideration paid for the shares, and the judge will rule there was no enforceable contract.
c. The judge should rule that Barbara was entitled to the benefit of her bargain, and will enforce their agreement as a contract.
d. The judge should rule that they had a “quasi-contract” that should be enforced as if it was a contract.
23. True/False

A judge could declare a contract to be void, if one of the parties to the contract is pressured to enter into the contract, by “undue influence.”
24. Jon is suffering from dementia. He still lives in his long-time home, which is worth $500,000. His neighbor Bill comes over, and gets Jon to sign an agreement to sell his house to Bill for $50,000, and gets Jon to sign a deed to transfer the title to Bill. Jon does not remember signing anything. Jon’s son, Donald, goes to court to try to get a judge to “void” the sale. What will probably happen?
a. The judge will enforce the contract and deed because it was signed by Jon.
b. The judge will refuse to enforce the agreement.
c. The judge will re-write the agreement, with a new price of $500,000, and force Bill to pay the full price.
25. A “liquidated damages” clause in a contract spells out what amount of “damages” is going to have to be paid, by the party who breaches the contract.

True/False
26. Martin has lost his wallet, which contains all of his credit cards, about $500 in cash, and an irreplaceable picture of his mother, who has recently died. Martin posts a “reward” offer of $500 on all of the telephone poles in the neighborhood where he thinks the wallet probably fell out of his jacket. This type of offer, to the finder of lost property, is generally viewed as a unilateral promise between the offeror and the individual who successfully finds the lost property. This “finder” can only “accept” the offer by actual performance – performing the actions of finding the property that was lost and bringing it to the offeror.

True/False
27. Marcia and Jill are eating lunch at the Cactus Café. Marcia makes an oral offer to Jill, to hire Jill for a 6-month project, and to pay Jill $4,000 per month during this project. Jason, a regular patron of the café, happened to be sitting at the table right next to Jill and Marcia and recorded the entire conversation on his iPad. After two months, Marcia tells Jill that Marcia doesn’t want her to continue the project. The result if Jill sues Marcia:
a. Marcia will win – Jill has nothing in writing to show the judge that there was a contract.
b. Jill will win – contracts that can be performed in less than one year can be oral and still be enforceable in court. Jill has a witness (Jason) who can testify and back up what Marcia offered to Jill.

Conclusion

            This paper has been the answers to the Legal questions posed.

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