Mix of Subjects - Missed

Question 1

Can government employees be required to respect the american flag?

Answer 1

NO – a person might refuse to salute the flag on religious grounds

Question 2

Although the general rule is that the right to recieve goods under a requirement kx is not assignable, the UCC allows the assignment of requirements kx if the assignee

Answer 2

acts in good faith not to alter the terms of the kx

Question 3

The UCC does allow requirements kx to be assigned as lone as the _____ is satisfied

Answer 3

good faith limitation

Question 4

A restriction on the right to vote is subject to strict scrutiny and is valid ONLY If is

Answer 4

necessary to achieve a compelling state interset

Question 5

the supreme court has struck down residency requirements that are longer in duration (but upheld short ones like 30 days as being necessary to promote the compelling interst of assuring only bona fide residents vote)

BUT SC has struck down longer durational requirements as lacking

Answer 5

a compelling interest

Question 6

One acception to the SOF is acceptance - but only to the extent of the goods accepted. That is, an oral kx for the sale of goods for $500 or more is enforceable to the extent the goods

Answer 6

are accepted

But the fact that the accepted amount meets the $500 SOF threshold does not make the kx enforceable for all the goods in the kx

Question 7

Really random evidence rule: The original document or best evidence generally requires the original writing to be produced when the terms of the writing are sought to be proved and are material to the case.

BUT under FRE 1006, the contents of high volume writings that are otherwise admissible may be presented in form of ___

Answer 7

a chart as long as the original documents are available to the other party for examination and copying

Question 8

A federal court will not hear a case unless there exists a

Answer 8

case and controversey

Question 9

Here, there is no immediate threat of harm b/c the law does not take effect for

Answer 9

another two years

Question 10

a liquidated damages clause is enforceable if

Answer 10

(1) damages are difficult to figure out at the time of the making of the kx
(2) the damages are a reasonable forecast of compensatory damages.

Question 11

Physical incapacity of a person necessary to effectuate the kx may discharge contractual duties IF that person’s performance is

Answer 11

clearly impossible

Question 12

Under Art III, section 2, the united states supreme court has original jurisdiction in all cases affecting

Answer 12

ambassadors, other public ministers, and counsuls, in which a state is a prty

Question 13

The rights of an intended third party beneficiary vest when the beneficiary

Answer 13

(1) manifests assent to the promise in a manner invited or requested by the parties;
(2) brings suit to enforce the promise, or
(3) materially changes his position in justifiable reliance on the promise

Question 14

the proprieter’s rights vested when he sent the ______ to the grandfather

Answer 14

bill