BA-18 Final

Determine whether the statement is true or false: A lawsuit filed by a private citizen against a government agency for violating a regulation is considered a private civil dispute, because the plaintiff is an individual rather than the government.

• True

• False

Answer explanation

The statement is false because a lawsuit against a government agency for regulatory violations is considered a public law issue, not a private civil dispute, regardless of the plaintiff's status.

If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme involves suspect classifications such as race, national origin, or citizenship, the action will be subject to the rational-basis test

• True

• False

Answer explanation

The statement is false because laws that infringe on fundamental rights or involve suspect classifications are subject to strict scrutiny, not the rational-basis test.

Which of the following are areas of Business Law?

• Marketing + Human Resources (HR)

• Accounting & Finance

• Management

• Research & Development

• Production & Transportation

Answer explanation

All listed areas, including Marketing, HR, Accounting, Finance, Management, R&D, and Production, are relevant to Business Law as they involve legal considerations in business operations.

Determine whether the statement is true or false: John says to Carol, "I own a Ford F-150 truck. I am thinking about selling it for around $20,000. Will you buy it at that price?" This constitutes a valid offer because it identifies the subject matter and a price.

• True

• False

Answer explanation

The statement is false because John's question is not a valid offer. It lacks the intention to create a binding agreement, as he is merely inquiring if Carol would buy the truck at that price.

Determine whether the statement is true or false: If a private seller makes a written offer to sell a used laptop to a buyer and states that the offer will remain open for three days, because it was made in writing, the offer cannot be terminated before the expiration of the three days.

• True

• False

Answer explanation

The statement is false because a written offer can be revoked before the expiration date unless it is supported by consideration. Therefore, the seller can terminate the offer at any time within the three days.

Lena contracts with BrightLite Electrical to install new wiring in her small bakery for $9,000. BrightLite breaches the contract by walking off the job halfway through, leaving Lena unable to open for business for three days while she hires a replacement contractor. She pays the new contractor $11,500, $2,500 more than under the BrightLite contract, to finish the job. Lena then sues BrightLite seeking (1) the extra $2,500 she had to pay the new contractor, and (2) $6,000 in lost profits from the three days she could not operate. Lena cannot recover the $6,000 in lost profits because they are never recoverable in a breach of contract claim.

• True

• False

Answer explanation

Lena can recover the extra $2,500 paid to the new contractor due to BrightLite's breach. However, lost profits are generally recoverable in breach of contract claims, making the statement false.

Determine whether the statement is true or false: Renee signs a contract with SilverPeak Jewelers to purchase a rare and unique sapphire ring. SilverPeak later breaches and sells the ring to another customer. This customer was unaware of the contract with Renee. Renee sues for specific performance. Renee would be able to obtain specific performance of the contract.

• True

• False

Answer explanation

The statement is false because specific performance is typically not granted when the subject matter has been sold to a third party, especially if that party was unaware of the original contract.

Determine whether the statement is true or false: GreenRock Fitness Center introduces a new "Elite Wellness Package," which includes access to advanced training equipment and personalized coaching. The package is available to all members except those under age 21, because the gym believes younger members are "less committed." A 19-year-old member, Talia, is denied access to the Elite Wellness Package due to the fact that she is under 21. She files a discrimination complaint under the Civil Rights Act of 1964, alleging that the gym unlawfully discriminated against her on the basis of "age." She would prevail in that lawsuit.

• True

• False

Answer explanation

The statement is false. The Civil Rights Act of 1964 does not protect against age discrimination for individuals under 40. Therefore, Talia's complaint would not prevail as age discrimination is not covered under this law.

According to the PURE COMPARITIVE NEGLIGENCE defense, the defendant must be more than 50% at fault before the plaintiff can recover.

• True

• False

Answer explanation

The statement is false. Under pure comparative negligence, a plaintiff can recover damages even if they are partially at fault, as long as the defendant's fault is not greater than the plaintiff's.

The city of Riverbend passes an ordinance requiring all food trucks to install a new type of air-filtration system. Owners of food trucks have one year to comply with the ordinance. It is passed on May 1, 2026. The system costs about $9,000. Leo owns a food truck, and files a lawsuit in federal court on August 1, 2026, seeking to strike down the ordinance as unconstitutional, arguing it places an unreasonable financial burden on small business owners. The matter goes to trial on May 25, 2027. At trial, it is revealed that Leo retired from the food truck business in March of that year, and the attorneys for Riverbend then move to dismiss. The BEST legal argument for the judge to grant the motion would be:

• There is no case or controversy.

• The case is moot.

• The case is not ripe.

• There is no triable issue of material fact.

Answer explanation

The case is moot because Leo retired from the food truck business before the trial, meaning he no longer has a stake in the outcome of the ordinance, eliminating any ongoing controversy.