Exam 18: Drafting a Contract: Specific Provisions

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An indemnification clause is also known as a hold harmless provision.

(True/False)
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Whether a transaction is common law or a U.C.C. transaction is not dispositive in determining the applicable law.

(True/False)
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Under the U.C.C., considering whether the parties are merchants or nonmerchants is important.

(True/False)
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Termination provisions occur upon which of the following? ​

(Multiple Choice)
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A provision to include in a sale of business contract is a(n)​

(Multiple Choice)
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Termination can occur only upon notice to the parties.

(True/False)
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States and federal courts do not have concurrent jurisdiction.

(True/False)
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Jurisdiction can be contractually determined by the parties.

(True/False)
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Matching:
Court's authority to hear any type of claim.
persuasive primary source
Legal resource that interprets a primary source or presents an opinion.
federal question jurisdiction
Authority of only that court to hear cases of the subject matter in controversy, i.e., bankruptcy court.
primary sources
Correct Answer:
Verified
Premises:
Responses:
Court's authority to hear any type of claim.
persuasive primary source
Legal resource that interprets a primary source or presents an opinion.
federal question jurisdiction
Authority of only that court to hear cases of the subject matter in controversy, i.e., bankruptcy court.
primary sources
Legal resources that include constitutions, cases, statutes, administrative rules and regulations, and court rules.
pendent jurisdiction
Legal authority that must be followed by a court.
general jurisdiction
Court's authority to hear only certain types of cases.
concurrent jurisdiction
Jurisdiction involving the U.S. Constitution, federal statute, or U.S. government.
exclusive jurisdiction
Federal court's ability to hear state claims because they arise from the same occurrence.
secondary source
More than two types of court authority to hear the same type of case.
limited jurisdiction
Source legal authority that is from another jurisdiction and is not required to be followed by the deciding court.
mandatory primary source
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Federal jurisdiction consists of diversity jurisdiction and federal question jurisdiction.

(True/False)
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Verifying the history or treatment of a case in contracts is a(n)______________ research step. ​

(Multiple Choice)
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Venue is which of the following? ​

(Multiple Choice)
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Shorthand definitions should never be used in describing the parties.

(True/False)
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A court must have ____________ jurisdiction.

(Multiple Choice)
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A contract can be based on which of the following? ​

(Multiple Choice)
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Governing law and notice are considered standard provisions.

(True/False)
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When preparing a legal document, you should never include legalese.

(True/False)
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Federal jurisdiction consists of ​

(Multiple Choice)
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Matching:
Proper place to file lawsuit.
arbitration
Clause that integrates all prior agreements into contract.
exculpatory clause
Incremented payments.
merger
Correct Answer:
Verified
Premises:
Responses:
Proper place to file lawsuit.
arbitration
Clause that integrates all prior agreements into contract.
exculpatory clause
Incremented payments.
merger
Person who witnesses signature.
notary public
Clause that excuses performance due to acts out of our control.
option
Method of settling disputes between dissatisfied parties.
noncompetition
Time period to renew or extend contract.
venue
Clause that restricts performance for a period of time.
force majeure
Hold harmless provision.
indemnification
Clause that limits or relieves a party from liability due to unforeseen events.
installment
(Matching)
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Price terms are required in a sales contract.

(True/False)
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