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Which of the following scenarios would not qualify as a bona fide occupational
qualification exception to Title VII?
a. a religious school hiring only members of that religion to teach religion
b. a women's store that sells wedding gowns hiring only women to measure and fit
customers
c. an airline hiring only female flight attendants
d. all of the above scenarios would qualify as a bona fide occupational qualification
exception to Title VII.
The parol evidence rule does not prohibit proof that:
a. the contract was thereafter modified.
b. conduct exists that violates the law.
c. the written contract is not a binding agreement.
d. all of the above.
Generally, what would not be considered a "reasonable accommodation" for persons
with disabilities?
a. making an accommodation that would constitute an "undue hardship" for the
employer
b. making existing facilities accessible to and usable by individuals with disabilities
c. modifying work schedules
d. restructuring jobs
The bailor must both inform the bailee of known defects and make a reasonable
investigation to discover defects in a:
a. mutual benefit bailment.
b. Bailment for the sole benefit of the bailee.
c. both a. and b.
d. neither a. nor b.
__________ courts impose liability on the accountant to a total stranger who gets
possession of the accountant's work and then sustains a loss because of a false statement
in the work.
a. No
b. A minority of
c. A majority of
d. All
Which of the following is not a universal defense available against all holders?
a. fraud as to the nature or essential terms of the instrument
b. forgery or lack of authority
c. fraud in the inducement
d. duress depriving control
Administrative regulations:
a. are essentially industry advisories.
b. are case-law precedents.
c. generally have the force of statute.
d. are Constitutional principles.
Which of the following is generally not required for the testator to have testamentary
capacity?
a. The testator knows the exact value of his or her estate.
b. The testator understands the writing to be a will.
c. The testator has a reasonable appreciation of the identity of relatives and friends.
d. The testator has a reasonable appreciation of the extent of the property that may exist
at death.
"Primum non nocere" is Latin for:
a. Above all, do no harm.
b. Let the buyer beware.
c. Hear no evil, see no evil, and speak no evil.
d. No news is good news.
A computer crime generally requires that:
a. the criminal possess a computer.
b. the victim possess a computer.
c. the criminal have some knowledge of computers.
d. the victim have some knowledge of computers.
When an individual owns a share of stock in a corporation, that individual:
a. has an ownership interest in the corporation.
b. is a creditor of the corporation.
c. generally has no voting rights.
d. is in possession of a debt security.
A surety that has made payment of a claim for which it was liable as a surety is entitled
to which of the following from the principal?
a. Indemnity
b. Exoneration
c. Assignment
d. Subrogation
In the case of a breach of warranties, the buyer:
a. should not notify the seller.
b. is required to notify the seller.
c. does not have the option to resell the goods.
d. is not able to recover consequential damages.
The Clayton Act prohibits:
a. all unfair methods of competition.
b. conspiracies in restraint of trade.
c. attempts to monopolize.
d. price discrimination between buyers of like commodities.
Funds transfers made by businesses are governed by __________ regulations.
a. UCC
b. Federal Reserve
c. UCC and Federal Reserve
d. neither UCC nor Federal Reserve
An enterprise that conducts business following a merger or consolidation succeeds to:
a. all of the rights of the predecessor.
b. all of the property of the predecessor.
c. all of the debts and liabilities of the predecessor.
d. all of the above.
The statute of frauds applies to:
a. the lease of an apartment on a month-to-month basis.
b. the cancellation of a written agreement for the sale and purchase of land.
c. an employment agreement.
d. the sale of goods priced at less than $500.
The net assets of a corporation may be referred to as:
a. debentures.
b. stock.
c. capital.
d. bonds.
Under collective bargaining:
a. groups of employers meet to draw up contracts for all of their employees.
b. representatives of the employees bargain with a single employer or a group of
employers for an agreement on wages, hours, and working conditions for the
employees.
c. groups of employees meet to dictate the terms of employment to their employers.
d. none of the above.
A successor enterprise is not subject to the contract obligations of the former business
if:
a. one corporation is absorbed by another through merger.
b. a corporation merely purchases the assets of another business.
c. two or more corporations consolidate.
d. none of the above.
A promise to pay a debt must be in writing if:
a. the debt is for more than $500.
b. the debt is now due and payable.
c. the promise is to pay the debt of another.
d. the debt owed is the promisor's.
Arthur made a bid at an auction by calling out the amount of $250. The auctioneer
acknowledged Arthur's bid. There were no higher bids, and before the fall of the
auctioneer's hammer, Arthur announced that he was withdrawing the bid. The
auctioneer said that it was too late for Arthur to withdraw his bid, because the bid had
already been acknowledged. What is the result?
a. Arthur's bid is an ordinary offer that can be revoked.
b. Arthur's bid is firm and cannot be withdrawn.
c. Since the auctioneer had in fact acknowledged Arthur's bid, the bid became an option
exercisable at the election of the seller.
d. Since the auctioneer had in fact acknowledged Arthur's bid, a contract had been
formed by way of offer and acceptance; accordingly, Arthur's subsequent attempt to
withdraw his bid was ineffective.
If a buyer procures the same or similar goods as those involved in the sales contract
breached by the seller, the buyer:
a. loses all rights to prosecute for breach.
b. is said to have validated the seller's action.
c. is said to have covered.
d. is also in breach.
Which of the following is not consideration for a present promise?
a. a good faith adjustment
b. compromise and release of claims
c. the promise to pay one's child support obligation, consistent with a pre-existing court
order.
d. the performance of a requested act
Disparate impact exists when facially neutral employment practices:
a. adversely impact a protected group.
b. intentionally discriminate against a protected group.
c. favorably impact a protected group.
d. are shown to be job-related.
The tort statutes of limitations tend to be __________the UCC statute of limitations.
a. shorter than
b. longer than
c. equal to
d. excluded by
When a defendant is convicted of a crime, the court may also declare that the
defendant's rights in any property used or gained from the crime be confiscated. This is
known as __________.
a. forfeiture
b. reversion
c. subversion
d. divestiture
In the absence of a fixed duration provision, a joint venture will ordinarily terminate:
a. upon completion of the project.
b. at the will of any participant.
c. as specified in the joint venture agreement.
d. any of the above.
The Age Discrimination in Employment Act forbids discrimination by employers,
unions, and employment agencies against persons:
a. over 40 years of age.
b. over 50 years of age.
c. over 60 years of age.
d. between the ages of 40 and 65.
An interest in personal property or fixtures that secures payment or performance of an
obligation is called a:
a. guaranty holding.
b. security interest.
c. guaranty interest.
d. good-faith guaranty.
Law consists of:
a. principles that govern conduct.
b. mere guidelines.
c. arbitrary rules.
d. none of the above.
Your private life is protected from intrusions by other people by:
a. the Fourth Amendment of the United States Constitution.
b. the Equal Protection Clause.
c. court decisions of the United States Supreme Court.
d. local ordinance.
When the drawee of a draft has indicated by writing or record a willingness to pay the
amount specified in the draft the drawee is called a(n):
a. acceptor.
b. accommodation party.
c. payee.
d. secondary obligator.
The phrase "time is of the essence" means that:
a. the court is in a hurry to dispose of the case.
b. performance under the contract at the times specified in the contract is vital or
essential.
c. the contract expressly states that time is of the essence.
d. the price stated in the contract is subject to change without notice.
When distributees stand in different degrees of relationship:
a. distribution is made per stirpes.
b. distribution is made per capita.
c. a distribution cannot be made without the consent of the state.
d. the right of escheat applies.
The insured must comply with a number of time limitations in making a claim.
Regulations properly adopted by agencies are important, but they do not have the full
force of law as do statutes.
An entity not in privity with an accountant is prohibited from recovering against the
accountant for malpractice when the accountant had no knowledge of any use that could
affect the party.
A security interest is a property right that enables the creditor to take possession of the
property if the debtor does not pay the amount owed.
The notice of a special meeting of shareholders must include a statement of the nature
of the business to be transacted and no other business may be transacted at such a
meeting.
Professionals have a duty to perform their functions at the same level as would a
reasonable person.
Gerwin's daughter Mary was seeking a position as an associate attorney with Baker,
Charles & Dixon, a large metropolitan law firm. The firm, after several meetings with
Mary over a two-month period, made Mary an offer of employment on January 15.
Mary accepted the offer that day and immediately left for Cape Cod to celebrate
without telling Gerwin or anyone else about her new job.
On January 17, two days after Mary had accepted the offer, Gerwin sent Baker, Charles
& Dixon a letter in which she offered to give Baker all of her legal business
(approximately $40,000 per year) if the law firm would hire Mary. The law firm
accepted.
After Gerwin learned that Mary already had been hired by Baker, Charles & Dixon,
Gerwin refused to transfer her business to the law firm. The law firm has brought suit
against Gerwin on the grounds that a valid contract exists between them. How will the
case be decided?
Partnership property is only that property contributed by the partners.
With regard to an unliquidated debt, payment by the debtor of less than the amount
claimed by the creditor is consideration for the latter's agreement to release or settle the
claim.
If a merchant sells a lawn mower that will not cut any type of grass, there is a breach of
the warranty of merchantability.
Under the "bedrock view," the purpose of a constitution is to state certain fundamental
principles for all time.
Advertisements that call for an act may be deemed to be a unilateral contract.
A preincorporation subscription to stock is generally treated as an offer to the
corporation to buy the stock when the corporation is formed and the stock is thereafter
issued.
Most states have a general corporation code, and anyone who satisfies code
requirements and files the necessary papers with the government may automatically
become a corporation.
If words and numbers contradict each other in a contract, the rule of construction favors
the words.
The law works to cause our society to operate in an inefficient manner.
