The WTO is an international organization whose headquarters is located in Geneva,
Switzerland.
The Critical Legal Studies School postulates that most rape laws make it difficult for
women to prove legally that they have been raped because they have mostly been
drafted from a male’s perspective, and therefore these laws should be ignored and the
judge free to decide whether rape has occurred according to his or her subjective
decision-making theory.
Good Samaritan laws protect medical professionals only from liability for their ordinary
negligence, not for injuries caused by their gross negligence or reckless or intentional
conduct.
The government may seek quadruple damages for violations of antitrust laws.
The lessor is the person who acquires the right to possession and use of goods under a
lease.
Where a foreign corporation is required to qualify to conduct intrastate commerce in a
state, it must obtain a certificate of incorporation from the state.
The tort of intentional interference with contractual relations usually arises when a third
party induces a contracting party to breach a contract with another party.
A lease for a fixed term of three months is a “tenancy for years.”
Banks are liable for any damages caused by paying any postdated check prior to its
date.
A buyer who rightfully rejects goods has a duty to notify the seller of the rejection.
The financial institution upon which a check is written is the accommodation party.
The U.S. Congress has enacted trademark laws to provide legal protection for names,
slogans, and logos.
One goal of federal bankruptcy law is to give debtors a “fresh start” by relieving them
from legal responsibility for past debts.
A completed contract is called an executory contract.
A successful tender offer between two corporations cannot be followed by a merger of
the two corporations.
An insured may wish to obtain insurance for specific valuable items such as jewelry,
works of art, or furs. This is accomplished by adding a personal effects floater to a
homeowner’s policy.
In 2010, the United States Congress enacted the Dodd-Frank Wall Street Reform and
Consumer Protection Act.
The Articles of Confederation provided the United States Congress with the power to
regulate commerce with foreign countries.
Capture is a remedy available to a seller giving them the right to recover shipped goods
which are part of an installment contract, when the buyer has become insolvent or
otherwise refuses to pay for all or part of the total contract.
When the delegation of a duty is a declaration of duties, the delegatee becomes legally
liable to the obligee to perform the duty.
The last holder of a forged instrument bears the loss caused by the forged signature.
An agency is a fiduciary relationship.
There are two (2.) types of implied warranties: transfer warranties and accommodation
warranties.
Workers’ compensation benefits are paid according to preset limits established by
statute or regulation.
Witnesses must reside in the state that the will is to be probated.
In a criminal case, if the accused cannot afford a private defense lawyer, the
government will provide the accused one free of charge. This government defense
attorney is often called a private defender.
In a tenancy by the entirety, the surviving spouse has the right of survivorship.
The term “venue” refers to the location at which the trial may be had.
The Lanham Act is intended to protect the owner’s investment and goodwill in a mark
and prevent consumers from being confused as to the origin of goods and services.
A manager of a limited liability company is personally liable for the debts of the limited
liability company.
Share exchanges are often used to create holding company arrangements.
A reply brief is a report issued in direct response to questions posed by the judge prior
to the appeal.
In order to avoid a contract on the basis of insanity, a party must have been adjudged
insane.
The Federal Trade Commission has the authority to bring an administrative proceeding
to address a deceptive or unfair practice.
The United States has never enacted an immigration quota law.
Which of the following is true about the registered agent of a corporation?
A) The registered agent is the chief promoter in the formation of the corporation.
B) The registered agent is the entity designated to receive service of process on behalf
of the corporation.
C) The registered agent must be an individual person.
D) The registered agent is the party authorized to enter into contracts on behalf of the
corporation.
E) The registered agent is the corporation’s outside legal counsel.
The following can properly be the subject of a patent except:
A) mechanical processes.
B) asexually reproduced plants.
C) conceptual ideas.
D) designs for manufactured objects.
E) compositions of matter.
Mrs. Smith, a nonmerchant, is moving out to a smaller apartment. Because of this, she
wishes to sell her piano. George, who plans to use the piano in his nightclub, inspects
Mrs. Smith’s piano and decides to buy it. George pays Mrs. Smith and Mrs. Smith tells
George he can take the piano at that moment. George says he needs to borrow his
friend’s truck before he can remove the piano. Mrs. Smith said that this was fine. That
night, the piano is destroyed by fire. George sues to recover his money. Who wins?
A) Mrs. Smith wins. The risk of loss passed to George as soon as the contract was
made.
B) Mrs. Smith wins. The risk of loss passed to George when Mrs. Smith said he could
take the piano.
C) George wins. The risk of loss does not pass until George takes delivery of the piano.
D) George wins. The risk of loss does not pass until George receives a negotiable
warehouse receipt.
E) George wins. The risk of loss stays on Mrs. Smith since the goods were not
conforming.
A party may rescind a contract if there has been a ________ mistake of a past or
existing ________ fact.
A) unilateral; demonstrable
B) unilateral; material
C) mutual; demonstrable
D) mutual; material
E) multilateral; demonstrable
In which type of franchise does the franchisor license the franchisee to make and sell its
products or services to the public from a retail outlet serving an exclusive geographical
territory?
A) distributorship
B) processing plant
C) re-servicing
D) chain-style
E) area
The action of a judge in reducing the amount of monetary damages awarded by the jury
is called which of the following?
A) remittitur
B) additur
C) reformulation
D) judgment n.o.t.
E) deduction
What does “Regulation A” under the Securities Act of 1933 provide?
A) exemption from registration for certain types of securities
B) exemption from registration for certain securities transactions
C) a simplified registration process for up to $5 million of securities sold to the public
during a twelve-month period
D) state regulation in place of federal regulation for certain small offerings
E) that “tombstone ads” can be placed during the waiting period
Katie owns 100 pairs of shoes. All of Katie’s shoes are located in a warehouse. Katie
sells her 100 pairs of shoes to Jane. Jane agrees to pick-up the shoes from the
warehouse. Katie drives to Jane’s house and drops off a warehouse receipt for the shoes.
Jane then drives from her house to the warehouse to pick-up the shoes. When does
passage of title occur?
A) when Jane enters into the contract to buy the shoes from Katie
B) when Jane pays Katie for the shoes
C) when Katie drops off the warehouse receipt to Jane
D) when Jane goes to the warehouse and picks-up the shoes
E) when Katie identifies the goods
Barry owns a small software development firm. Barry has an employee who needs
special accommodations in order to be able to perform the functions of his job. These
accommodations would cost $10,000, an amount that Barry believes is more than he
should have to spend. The Americans with Disabilities Act provides that an employer is
required to make “reasonable accommodations” for employees with a disability, but
does not define what constitutes a “reasonable accommodation.” Assume that size of the
employer (by some measure) determines the maximum amount of money that would be
considered reasonable for a particular employer to be required to spend. Under the
principles of stare decisis, which of the following is true?
A) If a similar-size employer had been required to spend $15,000 in the past, then Barry
would be required to spend the $10,000.
B) If a similar-size employer had been required to spend $15,000 in the past, this would
not be relevant in Barry’s case because it happened in the past.
C) If a similar-size employer had not been required to spend $15,000 in the past, then
Barry would not be required to spend $10,000.
D) If a similar-size employer had not been required to spend $15,000 in the past, then
Barry would be required to spend $10,000.
E) A similar-size employer’s situation would be irrelevant because for precedential
value, the other employer would need to be larger than Barry’s firm.
A job applicant in Nashville, Tennessee is told by a particularly despicable human
resources manager that the company already has too many gay workers and too many
Yankees. Even though the applicant is well-qualified, he is not hired because he is gay
and from New York. He could:
A) recover under Title VII of the Civil Rights Act.
B) recover under the Fair Labor Standards Act.
C) recover, because this is an improper burden on interstate commerce.
D) recover under the Civil Rights Act of 1866.
E) keep looking for a job, because he has no remedy under federal statutes.
When a contract refers to an item by name, and there are two different items by that
same name but the contract does not identify which one was intended, what type of
mistake has occurred if each party assumed the contract referred to a different one of
these identically named items?
A) a mutual mistake of fact
B) a unilateral mistake of fact
C) a unilateral mistake of value
D) a mutual mistake of value
E) No mistake occurred in this situation if the correct name was used.
The United Nations was formed months after the conclusion of:
A) the Vietnam War
B) the second Sino-Japanese War.
C) World War I.
D) World War II.
E) the Korean War.
When a debtor fails to pay a debt and the value of the collateral is less than the full
amount of the debt, which of the following is generally true?
A) Unless the state prohibits or limits the deficiency judgment, the creditor can obtain a
deficiency judgment against the debtor for the amount of the debt that was not satisfied
from the collateral.
B) The creditor must absorb the remaining loss, and has no further remedy.
C) The creditor must file a bankruptcy proceeding against the debtor in order to obtain
further relief.
D) The creditor must record its security interest before proceeding further.
E) A writ of garnishment entitles the creditor to collect the remaining amount of the
debt.
Which of the following gives a mortgagor the right to regain title to property after
default?
A) the right of reclamation
B) the right of repurchase
C) the right of recovery
D) the right of possession
E) the right of redemption
Which of the following statutes allows the president of the United States to seek an
injunction against a strike that would create a national emergency?
A) the Norris-LaGuardia Act
B) the National Labor Relations Act
C) the Labor-Management Relations Act
D) the Worker Adjustment and Retraining Notification Act
E) the Labor-Management Reporting and Disclosure Act
Which of the following is true regarding the “pre-filing period?”
A) The pre-filing period begins when the registration statement is filed, and starts the
time running when the issuer can sell or offer to sell the securities.
B) The pre-filing period begins when the registration statement is filed, but the issuer
may not sell or offer to sell the securities during the pre-filing period.
C) The pre-filing period begins when the issuer first contemplates issuing the securities,
and ends when the registration statement is filed; during the pre-filing period, the issuer
cannot sell or offer to sell the securities.
D) The pre-filing period begins when the issuer first contemplates issuing the securities,
and ends when the registration statement is filed; during that time, the issuer is allowed
to “condition” the market.
E) There is no pre-filing period.
Seattle Paint Company developed a new exterior house paint that can be properly
applied even in the rain. How can this formula be protected without filing for a patent?
A) Without a patent, no protection is available.
B) If the company takes all reasonable steps to avoid discovery of the trade secret, it
can be protected against some, but not all, methods of discovery of the secret.
C) by putting a notice on the cans of paint that the formula is a protected trade secret
D) by registering a trademark for the product specifying that the product is distinctive
E) by filing a trade secret application with the U.S. Patent and Trademark Office
Which of the following best describes a “key-person” insurance policy?
A) It is a fire insurance policy purchased to insure the home of close relatives.
B) It is a life insurance policy purchased by an individual naming his or her spouse or
children as beneficiaries.
C) It is a life insurance policy purchased by a business insuring its key employees or
officers.
D) It is a health insurance policy that extends coverage to the family members of the
insured.
E) It is a business policy that covers losses by dishonest key employees.
Creative Charlie had sketched plans for an invention, but had not yet built a prototype.
He wanted to make sure that the invention could actually be manufactured before going
through the expense of applying for a patent. He contracted with a local machine shop
to work on the prototypes. As part of the agreement, the machine shop agreed to not
disclose any information about the invention. Charlie learned from one of the
employees that the owner of the machine shop had successfully built a prototype
without telling Charlie and that the owner was going to begin marketing the invention
in a joint venture with another firm. Could Charlie get an injunction in this situation?
A) no, this is a situation where the only allowable damages would be liquidated
damages
B) no, Charlie could be adequately compensated with compensatory damages
C) yes, assuming that Charlie would likely suffer irreparable harm if others learn of his
invention and it becomes public before he can obtain a patent
D) yes, because this is an anticipatory breach and injunctions can be issued in
connection with any anticipatory breach.
E) no, this is a situation where Charlie has no remedies because he should have kept the
invention a secret
The concept of in personam jurisdiction is that:
A) a court has the power to make and enforce a judgment against a particular person.
B) a party has a personal stake in the outcome of a particular case.
C) special requirements must be met in non-business cases involving individuals.
D) the case has been filed at the correct location with the state.
E) the court has jurisdiction over the property involved.
In most states, when can a party avoid a contract on the basis of intoxication?
A) when the intoxication was self-induced
B) when the intoxication was forced by another
C) when the intoxication occurred unknowingly
D) when the intoxication was forced by another or occurred unknowingly
E) when the intoxication was self-induced, forced by another, or occurred unknowingly
Which of the following is true about the Uniform Partnership Act (UPA?)
A) An attempted partnership agreement in a state where the UPA applies will be
unenforceable.
B) A partnership agreement is generally enforceable, except in situations where its
terms differ from the provisions of the UPA.
C) The UPA can be thought of as a “gap-filling” statute that applies when a partnership
has no partnership agreement provision addressing a particular issue.
D) The UPA requires that partnership agreements be in writing in order to be
enforceable.
E) The UPA prohibits individuals from varying its terms in partnership agreements.
Which of the following is false regarding a prospectus?
A) It must be submitted to the Securities and Exchange Commission.
B) It is used to warn investors, and is not used as a selling tool.
C) It is provided to prospective investors to enable them to evaluate the financial risk of
the investment.
D) The prospectus must indicate that the securities have not been approved or
disapproved by the Securities and Exchange Commission or any state commission.
E) Certain information must be in all-capital letters, and in boldface type.
Which of the following states does not base its legal system primarily on the English
common law?
A) California
B) Louisiana
C) North Carolina
D) Kansas
E) Massachusetts
In connection with a contract, what is rescission?
A) a court order to perform one’s duties under a contract
B) a return of consideration to the other party
C) an undoing or cancellation of the contract
D) a formation of a second contract identical to the first
E) an order for specific performance
Which of the following is true regarding the Americans with Disabilities Act
requirements for landlords?
A) New construction must be made accessible to persons with disabilities.
B) New construction must obtain a certificate of accessibility from the Equal
Employment Opportunity Commission.
C) Only the United States attorney general can enforce the Act against a landlord, since
the Americans with Disabilities Act is federal law.
D) All existing buildings must be brought into full ADA compliance by
E) In order not to discourage renovations of older buildings, alterations to existing
buildings do not need to comply with the Act.
Sandy lives on the top floor of a ten-story building in a big city. There is a 30-story
apartment building under construction next door to her building. One morning while
eating her corn flakes, a brand new toilet comes crashing through the roof of Sandy’s
apartment and injures her. She would like to sue the construction firm, but has no way
of finding out or proving what persons were involved or exactly what happened. The
doctrine that would most help Sandy is:
A) last clear chance.
B) res ipsa loquitur.
C) strict liability.
D) comparative negligence.
E) negligence per se.
In what year was the U.S. Constitution written?
A) 1776
B) 1782
C) 1787
D) 1812
E) 1865
Which of the following is not generally an advantage of a Chapter 13 bankruptcy?
A) It eliminates all debts, so the debtor ‘starts fresh,” with no remaining debt.
B) A Chapter 13 petition is generally less expensive to file than a Chapter 7 petition.
C) With a Chapter 13 filing, the debtor avoids the stigma of a Chapter 7 filing.
D) More property is exempt in Chapter 13 bankruptcy than in Chapter 7 bankruptcy.
E) With Chapter 13 bankruptcy, creditors generally receive a greater percentage of
debts paid.
Cindy is one of fifty limited partners in a real estate investment limited partnership. The
general partner is Evergreen Corporation. Evergreen Corporation invested $500,000 in
the partnership, and each of the limited partners, who are all natural persons, invested
$10,000. Evergreen has four shareholders. If the real estate partnership is dissolved at a
time when it has debts exceeding assets, which of the following is true, assuming the
limited partners took no steps to jeopardize their status as limited partners?
A) Because having a corporation means that no partner in the limited partnership has
unlimited liability, the limited partners would have unlimited liability.
B) Because having a corporation means that no partner in the limited partnership has
unlimited liability, the shareholders of the corporation would have unlimited liability.
C) Neither the corporation nor the limited partners would be required to contribute any
assets toward the satisfaction of the unpaid obligations of the limited partnership.
D) The limited partners would not need to contribute any additional amounts toward
satisfaction of the debts, but the assets of the corporation are available for this purpose.
E) The limited partners must contribute any and all amounts necessary to satisfy the
debts, but the assets of the corporation cannot be seized.
Under the federal rules regulating food and drugs:
A) food must be one hundred percent pure before it can be sold to consumers.
B) food may contain certain impurities, such as insect parts, as long as it is not
adulterated.
C) if food contains impurities, such as insect parts, these impurities must be disclosed
on the food label.
D) all food must be inspected by the government before it is sold.
E) food labels must contain a notice that many impurities are not harmful to health.
Which of the following is not a purpose of discovery?
A) to eliminate surprise at trial
B) to save the time of the court
C) to promote the settlement of cases
D) preserving evidence
E) to avoid the use of the evidence at trial
Dru is a secretary working full-time at an hourly rate from 8:00 a.m. to 4:30 p.m., with
a one-hour unpaid lunch. On Monday, her boss asks her to stay late and complete a
report, which takes her two hours. Pursuant to the Fair Labor Standards Act, regardless
of her schedule for the remainder of the week, Dru is entitled to be paid overtime for
those two hours.
Which of the following best describes the activities allowable under the Noerr doctrine?
A) Competitors can work together to lobby for passage of laws without being in
violation of the antitrust laws, as long as their petition is not baseless.
B) Competitors can agree on the prices at which they will sell their products, when the
agreement results in lower prices for consumers.
C) Mergers will be allowed under the antitrust laws when one of the companies would
have failed in the absence of a merger.
D) A company is free to compete or not compete with any other business, so long as the
decision is made unilaterally.
E) Competitors can agree on the prices at which they will sell their products, so long as
the products are readily available.
Cushy Corporation fears that it will be the target of a hostile takeover. As a reactive
measure, it adopts a plan that will pay large bonuses to the top executives in the event
of a hostile takeover. These plans are known as:
A) tenure protection.
B) “golden parachutes.”
C) “white knight” protection plans.
D) “greenmail” plans.
E) stability enhancement.