Mary is angry with Julia so she waits outside Julia’s house and hits Julia with a baseball
bat as Julia leaves the house. When Julia sues Mary for battery, Mary will be considered
a
a. victim.
b. tortfeasor.
c. plaintiff.
d. unreasonable person.
Sangfroid Business Corporation can be compelled to dissolve by
a. its creditors only.
b. itself, through its shareholders and directors, only.
c. itself, through its shareholders and directors, or the state.
d. the state only.
Faye owns the land on which Golden Spurs Ranch is situated, plus the ranch house,
barn, and other structures permanently attached to the land. Faye’s brother Huey owns
everything else in the ranch’s operationlivestock, feed, and so on. The personal property
is owned by
a. Faye and Huey.
b. Faye only.
c. Golden Spurs Ranch.
d. Huey only.
Lost in a canyon near Gila, Arizona, Hester writes her will in crayon, on a paper bag,
while Ivan states orally how he wants his estate distributed. In most states
a. Hester’s will would be invalid.
b. Ivan’s will would be invalid.
c. both wills would be invalid.
d. both wills would be valid.
The basis for India to give effect to the laws and court decisions of the United States is
primarily
a. courtesy and respect.
b. fear and intimidation.
c. admiration and envy.
d. payments of cash and exchanges of property.
Obie accuses Portia, a broker with QT Financial Services, of fraudulently inducing him
to invest in Riske Development Company, whose stock price declines in value. The
reliance that gives rise to liability for fraud requires
a. a subjective statement.
b. misrepresentation of a fact knowing that it is false.
c. puffery.
d. seller’s talk.
E-Shopping Corporation inserts Fiesta Mall, Inc.’s trademark as a meta tag in
E-Shopping’s Web site’s key-words field without Fiesta’s permission in a manner that
suggests Fiesta authorized the use. This is
a. copyright infringement.
b. patent infringement.
c. trademark infringement.
d. no infringement.
Sally contracts with Tasty Pizza Company to deliver its products. Both parties change
their minds, however, and inform each other that they would like to cancel the contract.
Refer to Fact Pattern 10-3. The next day, Sally changes her mind and again offers to
deliver Tasty’s products. Tasty is willing to deal, but for a new price. Sally and Tasty
a. may agree to a new contract, but it cannot include a new price.
b. may agree to a new contract that includes the new price.
c. must perform their original contract.
d. must perform the part of their original contract that is executory.
Luminescent Silicon Corporation, which controls 40 percent of the computer-chip
market in the United States, merges with Micro Processors, Inc., which controls 15
percent of the same market. This merger is
a. a violation only if the result more clearly concentrates the market.
b. a violation only if the result makes it more difficult for potential competitors to enter
the market.
c. a violation if the result more clearly concentrates the market and makes it more
difficult for potential competitors to enter the market.
d. not a violation.
Which of the following is not a definition of law?
a. A pledge that citizens of a state will do justice to one another.
b. The agreement of reason and nature, the distinction between the just and the unjust.
c. A rule of civil conduct prescribed by the supreme power in a state
d. The social bond that exists between persons of similar interests.
Gayla tells Francisco that she will pay him $50 to haul the trimmed tree limbs and other
lawn debris from her property. Francisco’s acceptance is complete
a. as soon as he says he will do the job.
b. once he starts to work.
c. only after he hauls away the debris.
d. when he hears the offer.
GR8 Marketing Company and Brainfreeze Tunes, Inc., sign a document that states GR8
agrees to create a marketing campaign for Brainfreeze, which agrees to pay GR8 for the
service. GR8 and Brainfreeze have
a. an executed contract.
b. an express contract.
c. an implied contract.
d. a quasi contract.
Wilma has a fixed-term tenancy for her apartment with HiQual Apartments. Wilma
dies. Her tenancy
a. passes to her heirs as real property.
b. passes to her heirs as personal property.
c. is terminated.
d. becomes a tenancy at will.
Loomis Weaving Company contracts to sell sweaters to Style Mart stores. Before the
sweaters are delivered, Style Mart indicates that it will not be able to pay. Loomis can
resell the goods
a. either after finishing the job (and identifying the goods), or after stopping the job.
b. only after finishing the job and identifying the goods.
c. only if Loomis immediately stops the job.
d. under no circumstances.
Sayers is very clever and spends lots of time creating new things. Which of the
following is NOT copyrightable?
a. A sculpture of Sayers’s horse.
b. A book about Sayers’s life.
c. A movie about Sayers’s life.
d. Sayers’s idea for a new way to play the guitar.
The commerce clause’s express grant of exclusive authority to regulate commerce that
substantially affects trade and commerce among states is referred to as the
a. dormant aspect of the commerce clause.
b. positive aspect of the commerce clause.
c. negative aspect of the commerce clause.
d. exclusive aspect of the commerce clause.
Beau sells a car to Cody without disclosing that the odometer, which reads 40,000
miles, was disconnected 80,000 miles ago. Beau is liable for
a. duress.
b. fraud.
c. mistake.
d. undue influence.
Megan is charged with trespass. Her crime is classified as a
a. misdemeanor.
b. felony.
c. tort.
d. civil wrong.
Dirk, an employee of Ergonomic Elevators, Inc., pays Ferbie, an employee of
Ergonomic’s competitor G-Force Risers Company, for a secret G-Force pricing
schedule. This is
a. an effective marketing strategy.
b. commercial bribery.
c. creative legal bookkeeping.
d. money laundering.
Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness for
Quality. Tod is a witness for Retail. Quality may direct interrogatories to
a. Retail.
b. Sid.
c. Tod.
d. the judge.
Lew, a member of a protected class, applies for a job with Mit-E Construction
Company, but fails Mit-E’s employment test and is not hired. Lew believes that the test
has an unintentionally discriminatory effect. If so, this is
a. desperate-measure discrimination.
b. disparate-impact discrimination.
c. disparate-treatment discrimination.
d. not discrimination.
Bob borrows $6,000 from his credit union to pay for a car he is purchasing. Bob mails
the payments to the credit union. This transaction is subject to
a. the FTC Mail-Order Rule.
b. the Fair Packaging and Labeling Act.
c. the Truth-in-Lending Act.
d. the Energy Policy and Conservation Act.
Procter, who is not in contemplation of imminent death, tells his daughter Opal that she
can have his Dodge truck on his death, whenever that happens. This is
a. an effective gift causa mortis.
b. an effective gift inter vivos.
c. an effective gift largesse.
d. not an effective gift.
Listen Up! Corporation books and promotes concerts and other entertainment events,
for which Listen Up! also sells tickets. In weighing a challenge to Listen Up!’s
“monopolistic” ticket prices, a court looks at the relevant geographic market. This
encompasses
a. only areas in which Listen Up! does not have monopoly power.
b. only areas in which Listen Up! has monopoly power.
c. the area in which Listen Up! and its competitors sell, and their customers buy, the
tickets.
d. the entire United States in all cases.
A covenant not to compete is enforceable only if it is reasonable in duration and
geographic area.
Mark fails to reveal a material fact in a business deal with Nancy. This constitutes fraud
a. if Mark is unaware of the fact and the failure.
b. if the amount of consideration received is grossly inadequate.
c. if the fact concerns a serious defect known to Mark and unlikely to be known by
Nancy.
d. under any circumstances.
A court deems an agreement between Silver Saddles Saddlery and Time Tested Tack,
Inc. to be a per se violation of the Sherman Act. The court is
a. prevented from determining whether the agreement’s benefits outweigh its
anticompetitive effects.
b. required to unanimously decide whether the agreement’s benefits outweigh its
anticompetitive effects.
c. required to apply the rule of reason.
d. required to issue a formal complaint against Silver Saddles and Time Tested Tack.
Zeke files a petition for bankruptcy under Chapter 13. Zeke’s Chapter 13 plan must
provide for
a. the turnover of his future income to the trustee.
b. his attendance at a credit-counseling briefing.
c. adequate means for the petition’s execution.
d a preference for one creditor over another.
Liz trespasses on Mega Corporation’s property. Through the use of reasonable force,
Mega’s security guard Ned detains Liz until the police arrive. Mega is liable for
a. assault.
b. battery.
c. false imprisonment.
d. none of the choices.
Randy and Beach Biz Company enter into an oral contract under which Randy agrees to
clean Beach Biz’s office for two years. This contract is enforceable by
a. Randy only.
b. Beach Biz only.
c. either party.
d. neither party.
Employers are not allowed to interfere with employees’ efforts to form or join a union
due to the
a. Norris-LaGuardia Act.
b. National Labor Relations Act.
c. Civil Rights Act.
d. Labor-Management Relations Act.
Which of the following is NOT a true contract?
a. An express contract
b. An implied contract
c. A quasi contract
d. An informal contract
State legislatures create state administrative agencies.
A material change in a loan contract between a creditor and a debtor discharges a surety
only to the extent that the surety suffers a loss.
Rely Battery Corporation makes batteries for motor vehicles. The Federal Trade
Commission (FTC) learns that Chuck’s Automotive Stores, a retail company that sells
Rely’s batteries, engages in deceptive advertising practices. What actions can the FTC
take against Chuck’s?
Most employees can continue the group health benefits provided by their employers for
a limited period of time after a loss of employment.
Law consists of enforceable rules governing relationships among individuals and
between individuals and their society.
The payments on a fixed-rate mortgage remain the same for the duration of the
mortgage.
In contracts involving a carrier, a seller can complete performance through a shipment
contract or a destination contract.
Disaffirmance is the legal avoidance, or setting aside, of a contractual obligation.
A party’s oral agreement to pay another’s debt is NOT enforceable if the party’s main
purpose is to derive a benefit for himself or herself.
A contract for medical work is not a personal contract.
A lien is an encumbrance on a property to satisfy or protect a claim for payment of a
debt.
If a sale involves crops that are to be harvested within twelve months, identification
takes place when the seeds for the crops are purchased.
An independent contractor is an employer who controls his or her agent’s performance.
If an instrument is incomplete when the maker signs it, then the maker’s obligation to
pay is according to the terms as stated at that time.
Insurance coverage can be effective before a formal written policy is issued.