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Uncle Phil has lent you $10,000 to pay tuition and other school-related costs. You've
now graduated, and Uncle Phil is asking about repayment terms. The loan was never
evidenced in writing. This transaction falls under the UCC statute of frauds.
A general partner who rightfully dissociates from a partnership remains liable for
predissociation debts of the partnership.
Laura and Susan had a motor vehicle accident, and Susan has sued Laura claiming
severe back injuries. If Laura wants to obtain a copy of Susan's doctor and hospital
reports, she should serve a request for admissions to Susan.
There are no federal common law crimes.
Med-arb is a form of ADR in which both a mediator and an arbitrator work
simultaneously with the disputing parties to resolve differences.
An international arbitration usually has no connection with the country in which the
arbitration is being held.
United Parcel Service has determined that the fewer left turns their trucks make, the
more fuel they can conserve and the savings are significant. As a result, the company
has gone to great lengths to design and schedule delivery routes that primarily make
right turns. This business method is patentable.
At trial, the judge decides the facts and the jury decides the law.
Violators of antitrust legislation are subject to both civil and criminal suits.
Mel is under contract with a textbook publisher to write an instructor's manual to
accompany a new textbook. The contract states that the instructor's manual is to be
completed by August 1. On July 1, the publisher calls Mel and asks for an update. Mel
states that he's working hard and making progress. He then states that the August 1
deadline is "doable but it's going to be tough." Based on Mel's statement, the textbook
publisher may claim an anticipatory repudiation and find another author to complete the
project.
Many states have eased the filing requirements for creating an LLC, switching from
requiring extensive amounts of information to now requiring minimal information
similar to that required in a corporate filing.
The CISG has a writing requirement that is similar to that of the statute of frauds.
The Sherman Act applies only to entities that have acted in an unreasonable manner.
The U.S. Constitution does not address bankruptcy laws.
The Federal Arbitration Act provides a means for enforcement of arbitration agreements
and decisions of arbitrators through the use of the state courts in the state in which the
arbitration took place.
The United Nations Convention on Contracts for the International Sale of Goods does
not recognize a formal writing requirement similar to the UCC statute of frauds
requirement.
Satires and parodies have generally been deemed not to be copyright infringement due
to the fair use doctrine.
Zoning is generally done at the state level through statutes passed by the state
legislature.
Officer Jones is a policeman on a foot patrol. When he passes a group of three students,
he smells what he believes to be the odor of marijuana even though he does not see any
of the three actually holding or smoking a joint. He may conduct a limited pat-down
search of the three students to determine whether any have marijuana on their person.
Mike and Kathy have a live Christmas tree in their home. This tree is real property.
Res ipsa loquitur does not require that the plaintiff prove the exact cause of negligence.
A negotiation to buy a car is an example of entering into an implied contract.
Depending on the jurisdiction, computer software programs may be afforded protection
under either copyright law or patent law.
The forfeiture provisions under the Racketeer Influenced and Corrupt Organizations Act
are generally considered to be the act's most effective penalty.
Citizen suits may be used to attack the substance of an administrative regulation that
has been properly promulgated.
The Americans with Disabilities Act defines a disability as being a physical impairment
and does not include or protect employees regarding mental impairments.
Questions asked by an attorney of witnesses whom they have called to testify are called
a cross-examination.
If Peter owns two different cars and says to Amy, "I'll sell you my car for $5,000," this
offer is unclear.
The Revised Uniform Limited Partnership Act requires that there be a written
partnership agreement regarding limited partnerships.
State long-arm statutes are used to establish subject matter jurisdiction over out-of-state
defendants.
The Federal Trade Commission Act was the first antitrust act.
The Revised Model Business Corporation Act provides that a self-dealing transaction is
not a breach of the duty of loyalty if a majority of disinterested parties approve the
transaction after disclosure of the conflict.
Ronald is 17 years old and contracts to purchase a car and make monthly payments for
three years. He may disaffirm the contract at any time prior to his 18th birthday.
Lisa is doing some landscaping around her house and ordered a delivery of topsoil. Her
agreement says that the delivery will be made on Wednesday and payment for the soil
will be due when the truck arrives at her house. This is an example of a concurrent
condition.
Emmanuelle has been the subject of intense and continuous hostile environment sexual
harassment over a period of months. If she quits before filing a complaint with the
EEOC, she forfeits the right to file the complaint and seek damages.
The Model Penal Code specifically states that those exhibiting a sociopathic personality
disorder are not eligible to claim a mental incapacity defense to a criminal charge.
The Restatement (Third) of Agency has been adopted in about half of the states.
Reasonable suspicion is a higher standard than probable cause.
Privately held corporations are more common than are publicly held corporations.
Corporate officers are:
A. elected by the shareholders.
B. appointed or elected by the board.
C. appointed by the board and ratified by the shareholders.
D. elected by the shareholders and ratified by the board.
Brad has left 50 acres of land to the First Church of Magnolia with the condition that it
shall own and have rights to it forever; however, if the church ever permits alcohol to be
served on the premises, the property will immediately go back to Brad or, if Brad is
deceased, to his heirs. Brad has granted the church a:
A. fee simple.
B. fee tail.
C. life estate.
D. fee simple defeasible.
Alan is stopped at a traffic light when he is run into by Bianca. He sues her for
negligence. At trial, Alan produces evidence that Bianca had a blood alcohol level of
1.3, that she was texting at the time of the accident, and that she was not wearing her
prescription glasses when she rear-ended him. This type of evidence produced by Alan
is called:
A. inculpatory evidence.
B. summary evidence.
C. exculpatory evidence.
D. direct evidence.
Which of the following is not covered under the Fair Labor Standards Act?
A. overtime
B. working conditions
C. child labor
D. minimum wage
The last time an attorney addresses a jury is during the:
A. closing argument.
B. jury instructions.
C. deliberations.
D. making of a motion for a judgment as a matter of law.
In Keeton v. Hustler Magazine, the New Hampshire court determined that:
A. mere regular circulation of a magazine is insufficient alone to create jurisdiction if
no physical presence of the defendant can be shown in the state.
B. regular circulation of a magazine is sufficient to establish jurisdiction in a
defamation case because of the potential for injurious effects of defamatory articles
even without an otherwise physical presence of the defendant.
C. Hustler, due to its pornographic nature, loses constitutional protections and is
subject to personal jurisdiction based on fundamental fairness for the plaintiff.
D. regular circulation of a magazine is considered a physical presence in a forum state
due to the tangible nature of the magazine itself.
The business necessity defense is a defense to:
A. disparate treatment cases.
B. sexual harassment cases.
C. unequal pay cases.
D. disparate impact cases.
The Robinson-Patman Act makes it illegal for a business entity to discriminate in price
"between different purchasers of commodities of like quality or grade." In order to
violate this act, the business must:
A. make sales at different prices to at least three different purchasers.
B. make one sale of a different price to a purchaser.
C. make two or more sales to different purchasers at different prices.
D. give different price quotes to different purchasers.
In U.S. v. Microsoft, the appellate court found that:
A. Microsoft's business practices were a per se violation of the Sherman Act.
B. Microsoft illegally attempted to monopolize the browser market.
C. Microsoft did not employ illegal anticompetitive means to maintain and further its
monopoly of the operating system market.
D. Microsoft employed illegal anticompetitive means to maintain and further its
monopoly of the operating system market.
Which of the following is not one of the steps in a three-step test for attempted
monopolization under the Sherman Act?
A. The entity had a demonstrable and specific intent to achieve a monopoly.
B. The entity acted in an anticompetitive manner designed to injure its competitors.
C. The entity formed an agreement with others to achieve a monopoly.
D. There must exist a dangerous probability that monopoly power would in fact be
achieved.
Which of the following is also called the Taft-Hartley Act?
A. National Labor Relations Act
B. Labor Management Relations Act
C. Labor-Management Reporting and Disclosure Act
D. Fair Labor Practices Act
In Metro-Goldwyn-Mayer Studios v. Grokster Ltd., Grokster claimed a fair use
exception to the copyright infringement claim because its process was such that it was
impossible for Grokster to know if the users of its device were infringing or not.
A. The Supreme Court agreed that since Grokster could not have known whether
infringement was occurring or not, Grokster could not be held liable either directly,
indirectly, or vicariously.
B. The device provided by Grokster to its customers was capable of substantial
noninfringing uses, so the fair use exception articulated in the Sony case was met.
C. Grokster was denied the fair use exception because the majority of its business
model was dedicated to appealing to former Napster customers and the model showed
intent to infringe on copyrights.
D. Grokster was allowed to use the fair use exception because all of the music its
device was designed to copy was already in the public domain and therefore not
protected.
Fred is a corporate insider and has made some very large profits through the buying and
selling of his corporation's stock during the previous six months. These profits would be
called:
A. short-term profits.
B. short-range profits.
C. short-spell profits.
D. short-swing profits.
The corporate counsel's opinion verifying the business venture's adherence to corporate
formalities and a letter of compliance and opinion from the corporation's accounting
firm are contained in the:
A. prospectus.
B. letters of intent.
C. supplemental information.
D. comfort letters.
The National Environmental Policy Act (NEPA) focuses on achieving results like clean
air and water.
Disability benefits are provided to eligible workers pursuant to the:
A. National Labor Relations Act.
B. Family Medical Leave Act.
C. Social Security Act.
D. Occupational Safety and Health Act.
In Sons of Thunder Inc., v. Borden Inc., it was alleged that Borden breached its contract
with the owners of Sons of Thunder by not purchasing the required amount of clams.
The court found that:
A. because Borden urged the plaintiffs to purchase bigger boats to handle
'shuck-at-sea" technology and then canceled the 'shuck-at-sea" program, buying fewer
clams from the plaintiff and then buying from a competitor, Borden had not acted in
good faith.
B. Borden had breached an output contract by not buying all of the plaintiffs' clams and
buying from competitors.
C. purchasing larger boats by the plaintiffs was a business decision that Borden could
not be held responsible for.
D. Borden had breached a requirements contract by buying from competitors when the
plaintiffs still had available clams to sell to Borden.
Which of the following involves the analysis of personal jurisdiction?
A. application of a long-arm statute
B. diversity jurisdiction
C. federal question jurisdiction
D. enforcement of a state or federal criminal law
Though they may elect a different structure, for tax purposes LLCs are typically treated
as:
A. nonprofit organizations.
B. hybrid entities.
C. corporate tax entities.
D. pass-through entities.
Sunshine Corporation has just filed bankruptcy. Among the investors, who will be paid
first?
A. All investors are treated equally, so they all get paid their fair shares simultaneously.
B. Bondholders are paid first.
C. Common stockholders are paid first.
D. Preferred stockholders are paid first.
The Family and Medical Leave Act applies to employers with a minimum of:
A. 10 full-time employees.
B. 15 full-time employees.
C. 25 full-time employees.
D. 50 full-time employees.
Once the plaintiff has established a prima facie case under the McDonnell Douglas
standard and the defendant has presented justification for the actions taken, the plaintiff
must now prove any of the following except:
A. the defendant's stated reasons had no basis in fact.
B. the stated reasons were not the true and accurate reasons.
C. the stated reasons were insufficient to explain the defendant's actions.
D. the stated reasons contain a mixed motive.
The Zippo standard requires a case-by-case analysis:
A. whenever the website in question is considered passive.
B. whenever the website in question is considered interactive.
C. whenever the website in question is considered integral to the business model.
D. whenever a website is involved, regardless of how it is classified.
Which is not an example of a warranty?
A. merchantability
B. express
C. puffery
D. fitness for a particular purpose
The rulemaking requirement that an agency does not need to publish revised rules for
comment unless they are radically different from the original is known as the:
A. arbitrary and capricious standard.
B. Chevron test.
C. logical-outgrowth test.
D. McDonnell Douglas test.
The SEC maintains ________ regional offices, throughout the United States, where
much of its day-to-day work is done.
A. 8
B. 11
C. 13
D. 21
The purpose of the FTC in relation to consumers is:
A. nonexistent, since the FTC does not apply to consumers.
B. to prevent unfair or deceptive acts in commercial transactions.
C. to ensure that the UCC is followed.
D. to promote interstate commerce.
Which of the following is an example of terminating the agency relationship by express
act?
A. The principal calls the agent and tells her to stop working.
B. The principal dies.
C. The principal files for bankruptcy.
D. The thing the agent was hired to work on is destroyed in a fire.
If Alabama passes a statute specifically permitting high school girls to try out for and
play on varsity high school football teams if qualified, that statute would be reviewed
using:
A. rational basis scrutiny.
B. intermediate scrutiny.
C. strict scrutiny.
D. no particular form of scrutiny (none is required in this situation).
If an LLP does not have a partnership agreement, the courts will look to ________ to
resolve internal management disputes.
A. the Revised Limited Liability Partnership Act or the Limited Liability Partnership
Act if the RLLPA is not adopted
B. the Revised Limited Liability Company Act or the Limited Liability Company Act if
the RLLCA is not adopted
C. the Revised Uniform Partnership Act or the Uniform Partnership Act if the RUPA is
not adopted
D. common law
Which of the following is a neutral requirement that is likely to result in disparate
impact?
A. Only females are required.
B. One year of prior experience is required.
C. A physical-strength test must be passed.
D. Only Americans are required.
Generally, constitutional protections do not apply to:
A. acts of the federal government.
B. acts of state governments.
C. acts of administrative agencies.
D. acts of privately owned businesses.
Who is typically empowered by the states to protect consumers from deceptive trade
practices?
A. the governor
B. the state bureau of investigation
C. the local police
D. the state attorney general
In what manner was a citizen's right to privacy initially established? Explain.
Alan lives in a beachfront home, and one morning he discovers an adult woman who
has washed up on shore and is unconscious. Alan takes her into his home and
administers aid to her. She awakens after a few hours but has amnesia, not knowing
who she is or how she ended up washed ashore on his property. Alan cares for her for
two weeks, and then her memory returns. She fell overboard while sailing with her
wealthy parents on their yacht. She tells him that her name is April, and she provides
him with contact information for her parents. Naturally, when Alan calls, they are
ecstatic. They tell Alan that they will fly in to pick her up the next day and that he
should tally up his expenses and they will reimburse him for his costs. When they
arrive, Alan gives them the cost sheet, which they refuse to pay. Does Alan have any
rights against the parents? Does Alan have any rights against April?
Discuss the difference between horizontal and vertical price-fixing.
Clark and Kent are attorneys and have formed an LLP. They take on various debts and
obligations to operate the firm, including an installment contract to purchase computers
and copy machines for the office. The LLP law in their state provides for liability
protection for innocent partners should another partner cause liability through a tortious
act. Clark is sued by Lois for civil assault and battery after he improperly touches her
during an office meeting to discuss her divorce, in which Clark is representing her. The
amount of her judgment exceeds the assets of the LLP, and the LLP dissolves. What is
Clark and Kent's liability for the judgment and other firm debts?
In SEC v. W. J. Howey Co., the Supreme Court decision led to what is commonly called
the Howey test to determine whether something qualified as a security. Identify and
explain the four components of this test.
Mike has moved into a privately owned apartment complex. The stated rules of the
complex prohibit unmarried men and women from living together in the same
apartment. When Mike's girlfriend Kathy moves into his apartment, he is served with
eviction papers. Mike claims that the apartment complex is violating his constitutional
rights since it allows only married people to live together. Is he correct?
On a bond, the face amount is also called the _______.
A deceptive practice is one that misleads a ________ consumer and that results in some
sort of detriment to the consumer.
In lawsuits that involve both goods and services, how is the proper source of law to
enforce and govern the agreement established?
The ________ Act establishes a national fraud alert system so that consumers have a
timely way to guard their credit.
The U.S. Major League Soccer league wants to have more similarity in its licensed
goods, so the league decides to contract with a single company to produce all of the
licensed goods for every team. Will MLS be able to do so?
Name the various categories of torts, and explain the essential differences between
them.
The Truth in Lending Act applies to creditors that are _______ engaged in extending
credit for goods and services.
A leasehold estate that runs for fixed periods of time and automatically renews unless
terminated by the tenant or landlord is called a ______.
Unsecured creditors give loans based on ________ without collateral.
