The tort of slander requires a directly defamatory statement. Gestures alone can never
be slanderous.
Even if an employer’s intentional or grossly negligent conduct caused an employee
injury or illness, the employee may not sue the employer.
Incompetent parties to a contract are not denied the opportunity to benefit from their
legal rights.
A legally enforceable agreement that has as a purpose the immediate transfer of title to
personal property in return for consideration is a contract for sale.
Trespass is the unauthorized entry onto another person’s property.
There are no special privileges in making the defamatory statement to any person
accused of defamation.
Emancipated minors are generally liable for necessaries purchased for themselves or
supplied to a spouse, just as if they were adults.
The person who transfers his or her rights is known as the assignor; the third party to
whom the rights are transferred is known as the assignee.
Some courts have held that the landlord may be considered to be responsible for the
actions of a tenant who denied another tenant his or her right to quiet enjoyment.
Commercially acceptable documents, such as notes, checks, and drafts, are used to
transfer money from one person to another.
An example of a party to a personal-service contract is a musician.
The UCC requires presentment of commercial paper to be made in person.
In a bailment for the sole benefit of a bailee, both the bailor and the bailee get the
benefit.
The exchange of money is a mandatory requirement for a consideration.
When rights or duties that arise from a contract are legally transferred to a third party,
such contracts are an exception to the general rule that only the parties to a contract
have rights and duties under it.
An order bill of lading is not negotiable.
The development of technology has introduced a burgeoning array of ethical questions.
The Clean Water Act of 1972s exclusive purpose is to set minimum standards for
drinking water.
It is necessary for the average person to understand some of the general principles of
law, how to avoid common problem and pitfalls, and know when to seek professional
help.
An implied warranty of fitness does not exist if the buyer does not expressly inform the
seller of his or her intended use of the merchandise.
Independent contractors are under the direct control of the person who hires them.
Courts have long been reluctant to uphold unconscionable contracts, but recently the
UCC has made such contracts more likely to be enforced.
An attorney is liable to a client if he or she fails to exercise due care in handling a
client’s affairs.
A living will is a document in which a person describes their intentions regarding who
inherits his or her property at death.
For a contract to be dissolved because of a mistake, the law usually requires that only
one of the parties has to be part of the mistake.
In a mutual-benefit bailment, the bailor does not have the duty to warn the bailee of any
defects in the property that could cause harm.
Federal criminal statutes are not used to prosecute computer crime.
From a legal standpoint, it is not allowable for a seller to solicit via e-mail.
The use of a qualified endorsement affects the negotiability of an instrument.
Educational institutions have responded to the increased need to examine ethics by
adding courses, workshops and programs, and have expanded the study of ethics in
existing courses.
Crimes are classified into three groups according to the seriousness of the offense.
Under traditional tort law, it is often difficult for injured parties to prove negligence and
the defenses of manufacturers are often very effective.
Employees may still sue their employers if it was the employer’s ____________
conduct that caused the injury or illness.
A.intentional
B.malicious
C.grossly negligent
D.Both A and C
Contributory negligence is ________ the party who is charged with negligence.
A.an intentional act by
B. an accusation by
C.a defamatory act by
D.a legal defense of
A valid offer must be all of the following EXCEPT:
A.definite and certain.
B.communicated to the offeree.
C.made with serious intent.
D.stated in writing.
The contractual relationship in a bailment for work and services is concerned with the
kind and the quality of work done and the payment for services:
A.disaffirmed.
B.assigned.
C.ratified.
D.performed.
Numerous federal and state statutes strictly regulate cigarettes and other tobacco
products. Federal law disallows _________ of these products on television and radio.
A.usage
B.selling
C.advertising
D.licensing
The finder of lost property has ________ rights superior to everyone except the true
owner.
A.exclusive
B.limited
C.ownership
D.infinite
The statutes that provide remedies to consumers for products such as automobiles that
repeatedly fail to meet certain standards of quality and performance are known as:
A.blue laws.
B.lemon laws.
C.elder laws.
D.red laws.
The tort of slander:
A.is limited to spoken defamation.
B.includes spoken words and gestures.
C.is limited to words spoken in anger.
D.is limited to written words.
Once a minor reaches the age of majority, in order to make the contracts entered into by
the minor enforceable, it must be:
A.avoided.
B.validated.
C.disaffirmed.
D.ratified.
In auction sales, in which goods are sold to the highest bidder, the sale is completed at
the:
A.fall of the hammer.
B.signing of an agreement.
C.time of delivery of the goods.
D.end of the auction.
A will that is completely handwritten is a _____ will.
A.testamentary
B.holographic
C.scripted
D.residuary
Under the Health Insurance Portability and Accountability Act of 1996 a patients
medical information may be shared without patients authorization for the purpose of
_______________.
A. public notice.
B. treatment.
C. education.
D. media coverage.
A negotiable order bill of lading can be used to ensure that the carrier will not deliver
the goods until the receiver surrenders the original copy of the order bill of lading to
the:
A.importer.
B.retailer.
C.dealer.
D.carrier.
At an auction sale, the seller is the owner of the goods and the buyer is the party:
A.conducting the transaction.
B.making the offer.
C.giving the opinion.
D.abstaining from negotiation.
A person who gains unauthorized access to computers, either for mischief or with
criminal intent, is called a(n):
A.imposter.
B.achiever.
C.genius.
D.hacker.
Some firms or industries have established a code of ethics, sometimes called a “credo.”
The objective of a code of ethics is to:
A.specify the principles of ethical behavior expected of its employees.
B.set down the principles to be followed in dealing with government agencies.
C.establish guidelines in dealing with suppliers.
D.establish rules for management to follow in dealing with employee grievances.
The responsibility of the trustee is that of a(n):
A.fiduciary.
B.executor.
C.administrator.
D.beneficiary.
The three essential characteristics of valid consideration are:
A.accuracy, brevity, and clarity.
B.fulfillment of social, moral and ethical obligations.
C.legality, adequacy, and the possibility of performance.
D.intention, practices, and policies.
Courts may justify the enforcement of some contracts, even though there is no
consideration, by stating that there was:
A.monetary consideration.
B.moral consideration.
C.pecuniary consideration.
D.fiscal consideration.
State laws require that barbers and pharmacists pass examinations to be ______.
A.employed by federal institutions
B.licensed to practice
C.immune from lawsuits
D.enrolled in the Bar Council
The UCC provides that “any claim or right arising out of an alleged breach can be
discharged in whole or in part without consideration by a written waiver or renunciation
signed and delivered by the aggrieved party.” Such a written agreement is called a:
A.general release.
B.mutual release.
C.barren promise.
D.preexisting duty.
The Uniform Commercial Code provides that when a merchant sells goods, he or she
warrants that the goods will comply with the following requirements, EXCEPT:
A.they will pass without objection in the trade under the contract description.
B.they are unfit for the ordinary purposes for which such goods are sold.
C.they conform with the promises or statements of fact made on the container or label.
D.they are adequately contained, packaged, and labeled as the agreement may require.
When the buyer refuses to accept delivery of the goods the seller may:
A.manhandle the buyer for rejection.
B.wait for the buyer to receive the goods.
C.destroy the goods and sue the buyer.
D.sue to recover the sales price.
The term _________ includes, in addition to land, both tangible and intangible personal
property.
A.intestacy
B.property
C.patent
D.joint tenancy
A federal health care program for certain individuals and families with low incomes is
known as ___________.
A. Medicare.
B. Medicaid.
C. The Affordable Care Act.
D.Health Insurance Portability and Accountability Act.
Ownership is held in ________ when all the rights of ownership in a particular piece of
property are held by one person.
A.severalty
B.tenancy
C.defiance
D.accession
The usual motivation behind whistleblowing is the outrage to a person’s sense of:
A.knowledge.
B.self-esteem.
C.ethics.
D.confidence.
A contracting party intending to authenticate a written agreement may use any symbol
as their:
A.acceptance.
B.seal.
C.signature.
D.revocation.
Examples of contracts that might be made on a Sunday or on a legal holiday and
ratified on a weekday are the following types of contracts:
A.gambling and wagering agreements.
B.usurious agreements.
C.unlicensed transactions.
D.agreements made on Sundays or legal holidays.
A sale, in which contract provisions specify conditions that must be met by one of the
parties, is called a(n):
A.conditional sale.
B.substantial sale.
C.premeditated sale.
D.altruistic sale.
A living trust is also known as a(n):
A.testamentary trust.
B.contemporary trust.
C.inter vivos trust.
D.constructive trust.
Lemon laws vary greatly from state to state, and may not necessarily cover:
A.leased products.
B.services.
C.a barter system.
D.an exchange of goods.
In most cases, whether the contract has not yet been performed (an executory contract)
or has been fully performed (an executed contract), the minor may ________ the
contract.
A.disaffirm.
B.emancipate
C.necessitate
D.subordinate
Unsolicited e-mails sent for commercial purposes are popularly referred to as:
A.spam.
B.cookies.
C.viruses.
D.spyware.
Explain sellers’ remedies for breach of a sales contract. Provide an example.
Briefly discuss the differences between a quitclaim deed and a warranty deed.
Describe competent parties, and how they relate to the capacity to contract.
Explain a landlord’s right to rent, regain possession and to evict a tenant.
Explain contract of sale with right of return.
Define restrictive covenants and explain when they are enforceable.
State the differences between commercial paper and an ordinary contract.
In general, what is the attitude of business executives toward the Foreign Corrupt
Practices Act?
What are the characteristics of valid consideration?
How are precedents set and followed?
Discuss the liability of attorneys in professional malpractice.
Discuss the disadvantages of a corporation.
Define “insider trading.”
What are the two conditions that must be met for an acceptance to be valid?
Define the term “crime,” and identify and explain the three classifications of crime.
Identify and define the two types of bankruptcy filings.