part i multiple choice 2 points each 1 sources of contract law include a executive o 4523623

Part I: Multiple Choice (2 points each)1. Sources of contract law include __________.a. executive orders issued by the presidentb. the U.S. Constitutionc. statutes enacted by Congressd. all of the above2. Fiscala.b.c.d.law is derived from __________.general statutory provisionslegislation authorizing the appropriationthe terms of the Appropriations Actall of the above3. Which of the following are types of appropriations?a. military payb. experimental researchc. operations and maintenanced. both A and C4. __________ authority is, as the wording indicates, created by explicit language,conveyed either orally or in writing.a. Impliedb. Expressc. Apparentd. none of the above5. Which of the following contracts must be in writing?a. contracts for the sale of landb. promises to answer for the debt of anotherc. promises made upon the consideration of marriaged. all of the above6. The Authorization Act for FY 1998 amended 10 USC 2410a to allow Department ofDefense (DoD) agencies to obligate funds in the current year to finance anyseverable service contract with a period of performance not exceeding __________.a. 6 monthsb. 12 months06/08/20161c. 36 monthsd. 48 months7. Each year, four key pieces of legislation pertaining to military spending are passed,including the __________.a. Military Construction Authorization Actb. Appropriations Actc. Authorization Actd. all of the above8. What decisions have the force and effect of law?a. executive decisionsb. legislative decisionsc. judicial decisionsd. none of the above9. Which of the following is a contractual document that supports an obligation?a. hand-written receiptb. purchase orderc. travel requestd. all of the above10. The principle of sovereign immunity holds that __________.a. the government may not be sued or otherwise be subject to legal processunless it expressly agrees to submit to the authority of the courtsb. the executive branch is immune from the statutory enactments of Congressc. Congress may not pass any law that affects the federal judiciaryd. “it’s good to be king”11. Which of the following is a type of patent?a. pro bonob. environmentalc. utilityd. none of the above12. A breach of contract is a form of __________.a. civil actionb. criminal actionc. legal actiond. none of the above06/08/20162Part II: Fill-in-the-Blank (2 points each)13. A(n) _________________ is a lawsuit brought by one party against another party torecover compensation or enforce some private right.14. A(n) _________________ is a promise or set of promises that, if breached, the law willremedy; the law will recognize a duty to carry out the promise(s).15. The _________________ is the primary regulation for use by all federal executiveagencies in the acquisition of supplies and services with appropriated funds.16. According to the appropriations clause of the Constitution, no money can be paid outof the Treasury unless it has been appropriated by an act of _________________.17. At its most basic level, Congress can decree the _________________, _________________,and _________________ of funding that is legally available.18. Procurement is a proprietary function of government, so _________________ can applyto government contracting; most actions of government contracting personnel arewithin the scope of their authority, even when they make mistakes.19. List the six basic steps of contract formation.1.2.3.4.5.6.20. A(n) _________________ results when an offeror asks for a promise as the agreed-uponexchange for another promise. An offeror who makes a promise without getting areciprocal promise is entering a _________________21. The established rule of fiscal policy is that the expenditure of public funds is properonly when _________________ by Congress, and not that public funds may be expendedunless prohibited by Congress.22. A(n) _________________ can be defined as one who represents another person, called aprincipal, in contractual matters.23. The relationship created by the association of a principal and an agent is called_________________. The relationship arises when the principal authorizes the agent toact as his or her representative with respect to another person (a third party), andthe agent consents to do so.24. In our federal government, according to the separation of powers doctrine, the_________________ is considered an independent and equal branch of governmentalong with the executive and judicial branches.06/08/2016325. What three elements must be present before apparent authority becomes effective tobind the principal?1.2.3.26. The government obtains _________________ if the data pertains to an item or processdeveloped exclusively with private funding.27. The first step in the life cycle of an appropriation is the long and exhaustiveadministrative process of _________________ and _________________, a process that maywell take place several years before the budget for a particular fiscal year is ready tobe submitted to Congress.28. The first ten amendments of the Constitution, also known as the _________________,were added immediately upon ratification to protect rights that many feared wouldbe lost under the Constitution.29. According to Federal Acquisition Regulation (FAR) 1-602-2(b), the _________________must “ensure that contractors receive impartial, fair, and equitable treatment” due tothe disproportionate power the government has in dictating the terms of a contract.30. A(n) _________________ is an original creative work.31. _________________ authority is not recognized in federal contracting.32. Knowingly and willfully violating the _________________ Act can result in the receipt ofa fine up to $5,000 and imprisonment for two years.33. _________________ appropriations are available for new obligations for a definite periodin excess of one fiscal year.34. An expenditure is permissible if it is _________________ for accomplishing the objectiveof an appropriation, or if it will contribute materially to the accomplishment of thatobjective.35. _________________ rights are a combination of trade secrets and copyright laws.36. After the House passes individual appropriations bills, they are sent to the_________________.37. A(n) _________________ or _________________ is a delegation of authority to agencyofficials that allows them to incur obligations within the scope and terms of thedelegation.Part III: True-or-False (1 point each)06/08/2016438. Government employees who make an invention on government time usinggovernment equipment may still have a patent filed on that invention. It is theindividual, not the agency, who obtains the title to the invention.a. trueb. false39. An appropriation is available only for a certain time period, after which the authorityto obligate expires.a. trueb. false40. Unless Congress has expressly forbidden expenditure of funds for a particularpurpose, commanders are free to spend money for that purpose.a. trueb. false41. Copyrights protect original works from being reproduced without the author’spermission, generally for the life of the author plus 50 years.a. trueb. false42. When the contractor delivers data to the government, it must mark each piece ofdata on which it asserts restrictions with a marking or legend indicating the level ofrights it believes the government should have in the data.a. trueb. false43. An officer or employee of the United States may not make or authorize anexpenditure or obligation in advance of an appropriation unless authorized by law.a. trueb. false44. There are two federal acts related to trade secrets: one makes it a crime to stealtrade secrets, and the other makes it a crime for a federal employee to releaseconfidential or proprietary information gained during the course of employment.a. trueb. false45. There is a 10-year time limit on how long a trade secret can last.a. trueb. false06/08/2016546. The government obtains unlimited rights if the technical data pertains to an item orprocess developed exclusively with government funding.a. trueb. false47. If a computer buy is primarily for an interconnected system (a number of componentsdesigned mainly to function within the context of the whole), and the total cost of thesystem exceeds $250,000, an agency must use procurement dollars.a. trueb. false48. The first user of a unique mark has the right to continue to make use of that mark foras long as it desires and to restrict others from making use of that mark on similarproducts and services so long as that first user continues to use the mark.a. trueb. false06/08/20166

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