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Which chapter of the Bankruptcy Code is best thought of as temporary protection from
creditors while a business goes through a planning process to pay creditors while
continuing to do business?
A. Chapter 7
B. Chapter 11
C. Chapter 12
D. Chapter 13
Most advertisements in the mass media are not offers because they:
A. do not contain a specific commitment to sell.
B. are specific enough to constitute a unilateral contract.
C. require that the consumer accept the offer in a specific manner.
D. contain a specific commitment to sell.
Which of the following was the first major antitrust law?
A. Clayton Act
B. Celler-Kefauver Antimerger Act
C. Sherman Act
D. Federal Trade Commission Act
The Fair Labor Standards Act was originally intended to cover employers engaged in:
A. intrastate commerce only.
B. interstate commerce only.
C. both intrastate and interstate commerce.
D. any and all commerce, including foreign commerce.
What is one of the main criticisms of the Superfund laws according to the critics?
A. Taxpayers fund too much of the cleanup costs.
B. It is too difficult to determine who is responsible for contamination.
C. The Superfund does not halt further environmental damage from toxic waste sites.
D. Transporters of hazardous waste should not be held liable for transporting the
materials.
Tabletop, LP, is registered in Nebraska but operates the business in the state of Iowa.
Nebraska will require that an in-state address and a ________ be identified to receive
mail and accept legal documents.
In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence
against the charitable immunity doctrine to determine whether Flagiello could recover
for injuries sustained on the hospital's property. The court determined that:
A. the charitable immunity doctrine was specifically and clearly written, so it was
bound to follow the clear intent of the statutory scheme and find for the hospital.
B. the charitable immunity doctrine had been litigated in the past and stare decisis
required that the court adhere to established case precedent and find for the hospital.
C. current societal norms rendered the charitable immunity doctrine inapplicable to this
case and fundamental fairness allowed the court to deviate from established case
precedent and find for Flagiello.
D. the charitable immunity doctrine can be repealed or overturned only by the state's
legislature and stare decisis required that case precedent be followed; however, due to
the severity of Flagiello's injuries, the charitable immunity doctrine allowed for certain
exceptions, permitting Flagiello to recover in this case.
Precedent evolves from:
A. state and federal constitutions.
B. state and federal statutes.
C. the common law.
D. a combination of both state and federal statutes and common law.
Kathy, a fashion model, witnessed a motor vehicle accident but did not stop because she
was late for her pedicure and simply didn't want to get involved. Had she stopped, she
could have saved the life of Tom, who was thrown from the car and landed in a
water-filled ditch, without danger to herself. When Tom's widow hears that Kathy could
have easily saved Tom's life but chose to ignore the situation, she sues Kathy. The state
has no "good samaritan" laws or duty-to-assist laws, but such cases have been brought
in the past. Which of the following will the court apply when making a decision in this
case?
A. statutory law
B. administrative law
C. common law
D. equity law
In No Spray Coalition Inc. v. The City of New York, No Spray Coalition filed a lawsuit
in New York City to stop the city's program of spraying for mosquitoes to prevent the
spread of the West Nile Virus, a potentially fatal disease. No Spray contended that the
chemicals were being sprayed in violation of the:
A. Clean Air Act.
B. National Environmental Policy Act.
C. Clean Water Act.
D. Endangered Species Act.
Which of the following is not a protected class under the original Civil Rights Act of
1964?
A. gender
B. age
C. race
D. national origin
Professor Smith has placed an ad in the school newspaper advertising a laptop computer
for sale. Janice is in Professor Smith's economics class and approaches Smith during
office hours and purchases the computer. Professor Smith has been at the school for
over 10 years and is popular with students and faculty. The price Janice pays is just a bit
below the fair market value of the computer. Six months later, the police come to
Janice's home and inform her that the computer was stolen.
A. Janice may keep the computer because she bought it in good faith and had no reason
to believe that it had been stolen.
B. Janice may keep the computer if the state statute regarding ownership by possession
of personal property had run.
C. Janice will lose the computer because she had a duty to verify that Professor Smith
was the rightful owner of the computer.
D. Janice will lose the computer because she cannot obtain good title to stolen goods.
A promise that can be accepted only by the performance of the person to whom it is
offered is an example of:
A. a bilateral contract.
B. a unilateral contract.
C. an implied contract.
D. a quasi-contract.
Carl Critic has just announced his choices of the worst Hollywood actresses of the year,
and Stella Starr has been named the worst of the worst. Carl's announcement, made in
his weekly column titled "Random Musings by Carl Critic" and published in the local
paper, claims that he believes her to have the least amount of talent in the movie
industry and that she "can't act her way out of a paper bag." When Stella reads Carl's
column, she immediately starts to cry hysterically and then decides to sue him. Does
she have a valid case of libel?
A. Yes, her crying proves injury.
B. Yes, but only if his statements cause her to lose money by losing movie roles.
C. No, Carl committed slander, not libel.
D. No, this was merely Carl's opinion.
Which of the following courts renders decisions binding only on the parties involved in
the dispute?
A. the Pennsylvania Supreme Court
B. the U.S. Supreme Court
C. the U.S. District Court
D. the Michigan Appellate Court
The United Nations Convention on Contracts for the International Sale of Goods, with
regard to cure:
A. does not recognize cover as a seller's remedy.
B. follows the same cure rules as stated in the UCC.
C. allows an absolute right and obligation for a seller to cure, and the buyer must allow
the seller to cure even if the time for performance is past due.
D. requires that the seller apply to the International Court of Justice for the right to
cure, and the court will evaluate each case individually.
With regard to taxation, LLPs are treated as:
A. pass-through entities.
B. corporations.
C. nonprofit organizations.
D. hybrid entities.
Johnson Builders is selling a newly built home to Sheila. JRK Realtors is handling the
transaction. This sale is covered under Article 2 of the UCC.
Binding arbitration means that:
A. the parties had previously agreed that arbitration would be utilized, rather than
litigation, should a dispute arise.
B. the rules of the hearing will be strict in terms of number of witnesses called,
duration of the hearing itself, and whether attorneys can be present.
C. the decision of the arbitrator will be final unless the parties agree to reopen the case.
D. the decision of the arbitrator will be final and the parties are barred from agreeing to
reopen the case.
The officer with the least amount of implied authority in relation to the other officers is
the _______.
A fact that does not excuse a crime but may be considered to lessen punishment is
called a ________ circumstance.
Name and discuss the two categories of warranties.
Aspirin generally comes in 81-mg and 325-mg doses. Arnold's Aspirin Company starts
a marketing campaign touting the 81 mg as children's doses and the 325 mg as adult
doses. Aspirin is widely accepted to be a generally safe, nonprescription product for
people without aspirin allergies. Arnold's sells the 81-mg pills in bottles with cartoon
characters, and it flavors the pills to make them more palatable. It has been proved that
giving aspirin to children under 12 may cause Reyes syndrome, an often fatal disease
linked to treatment of viral infections with aspirin. The back label of Arnold's 81-mg
bottles is printed in very small and cramped type, and in the middle of one paragraph it
states, in type similar in font, size, and color to the surrounding type, "not for 12 yrs or
under." When Deloris's 8-year-old got sick, Deloris bought Arnold's 81-mg aspirin for
her son, and her son subsequently contracted Reyes syndrome. Does Deloris have a
cause of action in tort for her son's injuries?
Use of unfair coercion to force a party into a contract constitutes _______.
Liability involving one party's liability for another party's act is called ________
liability.
As a result of the Enron scandal, Congress passed the ________ Act, increasing
management responsibilities and liabilities regarding those involved in the finances of
public companies.
A ________ allows the debtor in possession to avoid any obligation that he or she
would otherwise be forced to perform.
What are some of the ways that the Credit Card Accountability Responsibility and
Disclosure Act attempts to protect college students from deceptive practices by credit
card companies?
How do citizen suits work in the context of administrative law?
You have just graduated and have started your own business. You will be providing
goods and services to the general public, and you are concerned about potential legal
exposure and resultant costs of litigation. You'd like to add a mandatory arbitration
clause to all of your contracts. Is a mandatory arbitration clause legal and valid, and if
so, what concerns must you consider in constructing this clause?
The Model Penal Code has been adopted by only about half of the states.
The Fair Debt Collection Practices Act requires that a collection agency make known
certain rights of the debtor in a _____.
In the event that a landlord breaches a duty owed to a tenant, what are the possible
remedies that may be available to the tenant?
A patent pertaining to an invention is called a ________ patent.
