The implied warranty of merchantability requires that the quality of the goods must
pass without objection in the trade.
Sales that contain provisions of services and goods in the same transaction are not
covered by Article 2 of the UCC.
A corporation that uses subsidiary corporations to operate in more than one country
cannot be termed as a multinational corporation.
An improperly recorded mortgage or deed of trust is effective against subsequent
purchasers of the subject real property.
General jurisdiction trial courts can be found in every state.
In terms of the unauthorized use of copyrighted materials, the fair use doctrine does not
allow reproduction of a work in a legislative or judicial proceeding.
The United States does not permit an LLC to be member-managed.
The highest court in the land is the Supreme Court of the United States, which is
located in Washington, DC.
Obtaining nontestimonial evidence like fingerprints and body fluids violates the Fifth
Amendment privilege against self-incrimination.
Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality
or situation that caused his or her own injury.
The paperwork that is filed with the court to initiate and respond to a lawsuit is referred
to as the pleadings.
Firearms represent an example of consumer products that do not come under the
Consumer Product Safety Commission (CPSC) rules.
The dissolution of a general partnership discharges the liability of an outgoing partner
for existing partnership debts and obligations.
The right to share in the profitsof the partnership is the right to share in the earnings
from the investment of capital.
Foreign corporations can elect to be taxed as an S corporation.
A contract that has been fully performed by both sides is called an executory contract.
An answer is the defendant’s written response to a plaintiff’s complaint that is filed with
the court and served on the plaintiff.
The sale of securities by an issuer to the public is known as an initial public offering.
The Critical Legal Studies School of jurisprudential thought seeks to restrict the
subjective decision-making powers of judges.
It is legal for a union to begin a strike thirty days after it has informed the employer
about the strike.
In a mortgage transaction, the creditor is known as the mortgagee.
A manager does not owe a duty of loyalty to the LLC as he or she is not a member of
the LLC.
Interventionsare written questions submitted by one party to a lawsuit to the other party.
Any corporation with more than 100 shareholders is automatically considered a C
corporation for federal income tax purposes.
Crowd funding offerings are subject to the anti-fraud provisions of the Securities Act of
1933 and the Securities Exchange Act of 1934.
Lila, a newspaper columnist in Chicago, is unhappy with the rising prices of fuel in the
United States. She publishes an article criticizing the government’s refusal to offer
gasoline at subsidized rates. This is an example of fully protected speech.
The Toxic Substances Control Act is administered by the U.S. Army Corps of
Engineers.
When a group of plaintiffs with common claims collectively bring a lawsuit against a
defendant, it is known as consolidation.
The E-SIGN Act is a not a federal statute, and state legislatures are required to adopt it
in order for it to become state law.
In deciding the motion for judgment on the pleadings, the judge also considers facts
outside the pleadings.
The agent is not liable on the contract in a fully disclosed agency.
Which of the following is true of tenancy at sufferance?
A) It can be terminated only after an eviction proceeding.
B) It cannot be terminated, as the holdover tenant has title.
C) It has a specific time period before expiration.
D) It requires a notice period that equals the length of the payment period.
Michael wanted to try out his new hand gun. He set up a target in his back yard for
firing practice. Stella’s house, which is located on the lot directly behind Michael’s
property, happened to be directly in the line of fire. Michael’s first shot missed the target
and the bullet crashed through Stella’s kitchen window, striking and seriously injuring
her. Which of the following legal theories would be best for Stella’s attorney to use in a
lawsuit against Michael?
A) doctrine of unintentional tort
B) doctrine of proximate cause
C) res ipsa loquitur
D) gross negligence
________ refer to the formal documents that must be filed at the secretary of state’s
office of the state of organization of an LLP to form the LLP.
A) Articles of LLP
B) Agreements of conversion
C) Articles of organization of LLP
D) Articles of amendment of LLC
The ________ is a federal administrative agency created by the U.S. Congress to
coordinate the implementation and enforcement of federal environmental protection
laws.
A) Ministry of Environmental Protection (MEP)
B) Environmental Investigation Agency (EIA)
C) Environmental Protection Agency (EPA)
D) Global Environment Facility (GEF)
Which of the following is true of electronic mediation or e-mediation?
A) The parties and the mediator communicate through e-mail.
B) Private conversations between the mediator and the parties are not possible.
C) A chat room is assigned for conversations between both parties and the mediator.
D) Settlement cannot be reached without paying substantial lawyers’ fees and court
costs.
Jintopia is a country in which the federal government and the twelve state governments
share powers. The form of government in Jintopia is ________.
A) anarchism
B) federalism
C) unitarianism
D) confederalism
In a survey of the nonattainment areas in a state, the state air pollution regulatory
authority found Region 3 to be the region that exceeded the ozone standard by the
largest margin, far exceeding the air pollution levels in all other regions of the state.
Region 3 is most likely to be categorized as a(n) ________ nonattainment area.
A) atypical
B) extreme
C) marginal
D) serious
Who among the following is not exempt from the federal minimum wage requirement?
A) Kelly, a district sales executive
B) Angelica, a waitress
C) Tsun, a software engineer
D) Orlando, a college professor
Which of the following is true of the UCITA?
A) It establishes a uniform set of rules that prohibit all forms of cybersquatting.
B) It establishes the Statute of Frauds for all online content.
C) It aims at eliminating all domain names registered in bad faith.
D) It becomes a law only when a state legislature enacts it as a statute.
The Supremacy Clause establishes that the fundamental legal and political authority is
vested in the citizens of the United States of America.
Which of the following torts constitutes battery?
A) stealing a person’s wallet
B) threatening to shoot a person
C) blackmailing a person
D) poisoning a person’s drink
Vanessa was born to American parents from a minority group in Miami. She applies to
a public university which offers scholarships only to students from minority groups.
Which of the following standards of review is used to decide if the university violates
the Equal Protection Clause by offering Vanessa the scholarship?
A) rational basis
B) intermediate scrutiny
C) strict scrutiny
D) cogent basis
________ damages refer to monetary damages that are awarded to punish a defendant
who either intentionally or recklessly injured the plaintiff.
A) Reliance
B) Consequential
C) Punitive
D) Nominal
Which of the following is a federal statute that extends limited environmental
protection to the oceans?
A) the Safe Drinking Water Act
B) the Marine Protection, Research, and Sanctuaries Act
C) the Federal Water Pollution Control Act (FWPCA)
D) the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)
Which of the following describes an agency by estoppel?
A) an agency that arises when a principal ratifies a contract created by an unauthorized
agent
B) an agency created when a principal and an agent expressly agree to enter into an
agency agreement
C) an agency that is not expressly stated but is implied from the conduct of the parties
D) an agency that arises when a principal creates the appearance of an agency that in
actuality does not exist
The ________ is a rule that is applicable to restraints of trade considered inherently
anticompetitive.
A) consent decree
B) Noerr doctrine
C) per se rule
D) rule of reason
Why does an illusory contract lack consideration?
A) because the consideration promised is unlawful and therefore void
B) because the person promises to perform an act or do something he is already under
an obligation to do
C) because one or both of the parties can choose not to perform their contractual
obligations
D) because the compensation paid is for work done in the past
Gregory Aimes, who is being tried for murder, has retained Linda Steve as an attorney
for his defense. While questioning Gregory about the case, Linda receives a confession
of murder from Gregory. Under which of the following conditions can Linda lawfully
ignore the attorney-client privilege and report Gregory to the proper authorities?
A) if Gregory discloses to Linda that he plans to murder a specific person in the future
B) if Linda voluntarily resigns as Gregory’s attorney
C) if Gregory asks that Linda be replaced as his attorney
D) if Gregory is acquitted in the case
Betty buys a lawnmower, manufactured by FlatPlanes, Inc., from Harvey’s department
store. A defect in the design of the blades causes the lawnmower to kick back on
operation, injuring Betty. Which of the following remedial actions is Betty entitled to?
A) Betty can sue Harvey’s department store for negligence.
B) Betty can sue either Harvey’s department store or FlatPlanes, Inc. for strict liability.
C) Betty can only sue FlatPlanes, Inc. for strict liability as they manufactured the
defective lawnmower.
D) Betty can only sue Harvey’s department store for strict liability as they sold her the
defective lawnmower.
Which of the following is true of the Communications Decency Act of 1996?
A) Businesses can send spam e-mails, as long as they do not lie.
B) ISPs are not liable for the content transmitted over their networks by e-mail users
and websites.
C) Businesses are liable for invading the right to privacy if they send unsolicited
e-mails.
D) The number of servers an ISP can access in a geographical location is limited.
Which of the following is true of COBRA?
A) Government employees are subject to parallel provisions found in the Public Health
Service Act.
B) Under most circumstances, COBRA coverage is available for 24 months after
employment has ended.
C) An employer is under no obligation to notify covered employees and their
beneficiaries of their rights under COBRA.
D) To continue coverage after employment has ended, a person need not pay the group
rate premium.
The ________ issued new rules that permit a party to register a domain name with new
TLD suffixes that are personalized.
A) UCITA
B) ACPA
C) ICANN
D) ECPA
Treaties arranged by international organizations like the United Nations (UN) are
known as ________.
A) arraignments
B) easements
C) amendments
D) conventions
A member’s distributional interest in an LLC is ________ and may be transferred in
whole or in part.
A) a vote
B) a proxy
C) personal property
D) an authority in management
Which of the following is an example of intellectual property?
A) a patent
B) a vehicle
C) a business contract
D) a building
The ________ was a document that restricted the newly created U.S. federal
government from levying and collecting taxes, regulating commerce with foreign
countries, and regulating interstate commerce.
A) U.S. Constitution
B) Declaration of Independence
C) Bill of Rights
D) Articles of Confederation
If a company does not hire certain employees because of their accents, it has carried out
________ discrimination.
A) genetic information
B) race
C) color
D) national origin
________ is the fraudulent conversion of property by a person to whom that property
was entrusted.
A) Embezzlement
B) Bribery
C) Forgery
D) Extortion
If union members picketing a restaurant block deliveries to and from the restaurant, this
is ________ picketing.
A) lawful
B) illegal
C) conditional
D) absolute
The ________ is federal act enacted in 1970 that promotes safety in the workplace.
A) OSHA
B) FLSA
C) FMLA
D) ERISA
What measures has Congress taken to regulate spam e-mail?
In 1946, Congress enacted the ________ Act to provide federal protection to
trademarks, service marks, and other marks.
The ________ codifies LLC laws and tries to establish comprehensive LLC law that is
uniform throughout the United States.
The geographical area served by each U.S. court of appeals is referred to as a(n)
________.
The ________ limits the contact that a debt collector may have with third persons other
than the debtor’s spouse or parents.
Explain in brief the liability for an independent contractor’s torts.
Why do governments and defendants enter into plea bargains?
________ is a doctrine that says if a shareholder dominates a corporation and uses it for
improper purposes, a court of equity can disregard the corporate entity and hold the
shareholder personally liable for the corporation’s debts and obligations.
How has the U.S. government regulated commerce with Native Americans?
A(n) ________ is a hearing before a trial in order to facilitate the settlement of a case.
Discuss “receiving stolen property” as a crime.
How are endangered species protected in the United States? Name three laws that
protect wildlife species.
Explain the doctrine of stare decisis and how it has influenced the legal system.
The countries that have voted to use the euro comprise the ________.
The lender in a credit transaction is known as the ________.
If the parties to a sales contract do not agree to the time, place, and manner of delivery
of the goods, the place for delivery is ________.
A(n) ________ alleges that if all the facts presented in the pleadings are taken as true,
the party making the motion would win the lawsuit when the proper law is applied to
these asserted facts.
________ is the taking of another’s personal property other than from his or her person
or building.