Detailed Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen.
A temporary work visa is most likely to be set aside for a noncitizen who is
a. a “person of ethnic similarity to the employers workforce.
b. a “person of extraordinary ability.
c. a “person of ordinary ability and ambition.
d. a “person with an extraordinary work ethic.
Standard 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.
Hals Hardware store defaults on a debt to Intrastate Bank, which takes possession of the
collateral securing the debt. Intrastate sells the collateral. The proceeds from the sale are
applied first to
a. Hals debt to Intrastate.
b. Hals debts to other creditors.
c. Intrastates fees for the sale.
d. payments Hals made on the debt to Intrastate.
Craft Engineering, Inc., contracts for a sale of technical instruments to Detail Design
Company. Before the date on which performance is due, Craft notifies Detail that it will
not perform. This is
a. anticipatory repudiation.
b. perfect tender.
c. rejection of performance.
d. revocation of acceptance.
Lightning Cycles, Inc., makes Lightning-brand motorcycles and accessories, which are
distributed to authorized dealers, including Macho Motors, Inc. Macho operates
dealerships in several locations. Lightning imposes territorial restrictions on Macho to
insulate other dealers from direct competition. This is
a. a horizontal restraint.
b. a lateral restraint.
c. a vertical restraint.
d. not a restraint.
Pruitt performs a contract with Quentin to shingle the roof on Quentins house, but
Quentin does not pay. Pruitt notifies Quentin that Pruitt will foreclose on the house and
sell it to satisfy the debt. This is
a. a judicial lien.
b. a mechanics lien.
c. an artisans lien.
d. a violation of most state laws.
State Bank receives a check drawn by Tricia. The check is received after the established
“cutoff hour. Payment can be postponed without dishonor
a. indefinitely.
b. under no circumstances.
c. unless Tricia personally demands acceptance.
d. until the close of the next business day.
Bren leases an apartment from Cris for one year. After two months, she sublets the
premises for the next six months to Dee, without obtaining Criss consent. Dee pays the
rent for only four months. For the last two months of Dees six-month term, Bren is
a. liable for the rent, because Dee defaulted.
b. liable for the rent, because the sublease lacked Criss consent.
c. not liable for the rent, because Bren does not own the apartment.
d. not liable for the rent, because Bren sublet the premises to Dee.
Ira signs Jills name, without her authorization, on the back of a check made out to her.
This is
a. burglary.
b. forgery.
c. larceny.
d. no crime.
Jon, a law enforcement official, monitors Kelseys Internet activitiese-mail and Web site
visitsto gain access to her personal financial data and student information. This may
violate Kelseys right to
a. equal protection of the law.
b. privacy.
c. procedural due process.
d. substantive due process.
First State Bank holds a mortgage on Gigis property. Gigi defaults on the debt. The
bank forecloses. If the proceeds of the foreclosure sale are insufficient to pay the costs
of the sale and the debt, the bank can
a. obtain a deficiency judgment against Gigi.
b. prorate the costs to its other debtors.
c. reclaim the property as a voidable transfer.
d. use the equity of redemption to redeem the property.
Build-Rite Construction Corporation and Deals-R-Us, Inc., combine their efforts to
build an office and retail complex. Their form of business organization is
a. a business trust.
b. a joint stock company.
c. a joint venture.
d. a syndicate.
Jo files a suit against Lara in a Missouri state court. Laras only connection to Missouri
is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the
issue is whether Lara, through her ad, has
a. a commercial cyber presence in Missouri.
b. conducted substantial business with Missouri residents.
c. general maximum contact with Missouri.
d. solicited virtual business in Missouri.
Mona asks Ned if she can store her furniture in his garage while she serves a tour of
duty with the U.S. Marines Corps. Ned agrees. This is a bailment for
a. neither partys benefit.
b. the parties mutual benefit.
c. the sole benefit of the bailee.
d. the sole benefit of the bailor.
BBQ, Inc., makes and sells grills to Grill Mart, a retailer, which sells one of the grills to
Hope, a consumer. BBQ and Grill Mart include in their contracts a limitation on
consequential damages for personal injuries arising from a breach of warranty. This is
prima facie unconscionable with respect to
a. all of these parties.
b. BBQ and Grill Mart, but not Hope.
c. Hope only.
d. none of these parties.
Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal
banking information through a link in the e-mail. She clicks on the link and types in the
data, which Oswald promptly sells to Moe. This is
a. cyber stalking.
b. employment fraud.
c. phishing.
d. vishing.
Trey, an agent for Uno Music Corporation, executes an unauthorized contract with
Variety Recording, Inc., that is highly advantageous to Uno. Variety withdraws from the
deal before Uno ratifies the contract. The contract is
a. valid.
b. variable.
c. void.
d. voidable.
Intoxicated but fully aware of the consequences, Uri agrees to a two-year cell-phone
service contract with Wander Talk, Inc., at more than the average market price. This
contract is
a. enforceable.
b. not enforceable because contracting parties can change their minds.
c. not enforceable because the contract clearly favors Wander Talk.
d. not enforceable because Uri was intoxicated when he agreed to it.
Michael, a citizen of Ireland, and Nina, a citizen of the United States, enter into a
contract. When Nina breaches the contract, Michael obtains an award of damages in an
Irish court. He asks a U.S. court to enforce the award. The U.S. court defers to and
enforces the Irish courts decree. This is
a. a travesty of justice.
b. the act of state doctrine.
c. the doctrine of sovereign immunity.
d. the principle of comity.
Jen reproduces Minas copyrighted work without paying royalties. Jen is most likely
excepted from liability for copyright infringement under the “fair use doctrine if
a. Jen copies the entire work.
b. Jen distributes the copies freely to the public.
c. Jens use has no effect on the market for Minas work.
d. Jens use is for a commercial purpose.
Bette backs out of City Parking Garage, colliding with Dills car. Dill may recover
$7,500 to cover the cost of the repairs if Bette failed to act as
a. a blameless person.
b a faultless person.
c. a reliable person.
d. a reasonable person.
Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state
court of appeals and loses again. Kit would appeal next to
a. a U.S. district court.
b. the Minnesota Supreme Court.
c. the United States Supreme Court.
d. the U.S. Court of Appeals for the Eighth Circuit.
Clancy sells shares in Deepwater Pool & Spa Company to Eton. Clancy does not
deliver the actual possession of the shares to Eton, but gives him the key to a
safety-deposit box in First State Bank in which the stock certificates are locked.
Presenting the key is
a. constrictive delivery.
b. constructive delivery.
c. destractive delivery.
d. destructive delivery.
Grady enters into a contract to buy 440 acres from Hollis to expand Gradys ranch. If
Hollis breaches the contract, Gradys normal remedy would be
a. damages.
b. quasi contract.
c. reformation.
d. specific performance.
Tab stores video equipment with U-Store-It, Inc., under a contract that excuses the
warehouser from liability for any damage. A fire due to U-Store-Its negligence destroys
the equipment. The loss is most likely to be imposed on
a. neither Tab nor U-Store-It.
b. Tab and U-Store-It.
c. Tab only.
d. U-Store-It only.
Leather Products Stores, Inc., rejects a shipment of goods that does not conform to its
contract with Manufactured Cowhide Corporation, but is unable to obtain instructions
from the seller. Leather Products may
a. resell or return the goods only.
b. resell or store the goods only.
c. return or store the goods only.
d. resell, return, or store the goods.
In a suit against Sandy, Taylor obtains a remedy. In the U.S. legal system, this remedy
will most likely be
a. an injunction.
b. damages.
c. rescission.
d. specific performance.
Opies debt to Pyle is past due. Pyle obtains a judgment against Opie to collect the debt,
but Opie refuses to pay. Pyle asks the court to order the seizure and sale of Opies
property. This is a request for
a. a guaranty (or suretyship) contract.
b. an order that would violate most states laws.
c. a writ of attachment.
d. a writ of execution.
Esther and Faisal agree that Esther will fix Faisals car in exchange for his paying a
preexisting debt owed by Esther to Gladys. Gladys is
a. an assignee.
b. an intended beneficiary.
c. an incidental beneficiary.
d. a delegatee.
Nina is a director of Olivias Olives, Inc. Under the standard of due care owed by di-
rectors of a corporation, Ninas decisions must be
a. ambiguous and questionable.
b. arguable and defensible.
c. informed and reasonable.
d. perfect and unassailable.
Fairway Products, Inc., and Golly Golf Clubs Corporation lobby Congress to pass a law
banning a competitors product. This joint effort is probably
a. a violation of antitrust statutes.
b. exempt from antitrust enforcement.
c. not subject to antitrust law.
d. subject only to antitrust common law.
Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician,
Moira is held to the standard of
a. a blameless individual.
b a faultless ordinary person.
c. a reliable professional.
d. a reasonable physician.
Belle enters into a contract to subdivide and sell housing lots in Coles hillside field if
Dell City annexes the property within the next year. Belles duty to perform is
a. absolute.
b. conditional.
c. illusional.
d. irresolute.
CPA Accounting, LLC, is a limited liability company. If the law in CPAs state is like the
law in most states, unless the members have agreed otherwise, participants in the firms
management will be considered to include
a. all members.
b. no member.
c. one member.
d. two members, including at least one general partner.
Service of process is the process of obtaining information from an opposing party
before trial.
A contract cannot contain both implied and express warranties.
Ethics is concerned with the fairness or justness of an action.
A partys oral agreement to pay anothers debt is never enforceable.
Only private individuals can enforce the antitrust laws.
Cooperative research by small-business firms is exempt from antitrust law.
Under the UCC, an oral contract for a sale of goods is enforceable unless payment has
been made and accepted.
Generally, a bank has no obligation to pay a customers overdrafts.
A person whose name is forged on an instrument is liable to pay only a holder in due
course the value of the forged instrument.
General principles of agency law are the basis for a partners duties and liabilities.
Compensatory damages compensate the nonbreaching party for injuries or damages
sustained by that party.
Under the principle of rights theory, one persons set of values is as “right as anothers.
Cyber criminals who steal persons identities normally do not use them.
Under a dram shop act, liability can be imposed without proof of negligence.
The recipient of a negotiable instrument becomes a holder regardless of the form of the
transfer.
A service mark distinguishes products used, or “put into service, by the government.
An expression of opinion”your customers will like thisis an offer.
A person who receives unsolicited merchandise and keeps it without notifying the
sender commits mail fraud.
Patent infringement occurs only if an invention is copied in its entirety.