Domain names may be registered by filing the appropriate form with the domain name
registration service and paying the appropriate fee.
Criminal prosecutions of violations of federal securities laws are brought by state
attorneys general.
Since nine (9.) justices serve on the United States Supreme Court, it is impossible for
the Supreme Court to have a tie decision.
The New Horizons apartment complex has just hired a new maintenance man who has a
history of violent crimes and theft. New Horizons did not conduct a background check
on him, because the apartment complex was desperate to find someone quickly. If this
maintenance man were to assault a tenant without justifiable cause, New Horizons is
not liable, because it does not owe a duty of care to tenants regarding the intentional
acts of its employees.
A government judgment obtained against a defendant for an antitrust violation may be
used as prima facie evidence of liability in a private civil treble-damages action.
Certified checks never become stale.
Under negligence principles, a person is liable only for foreseeable events.
The Sixth Amendment provides defendants a right to a speedy trial
A third party can contract with a breaching party without becoming liable for the tort of
intentional interference with contractual relations if the contracting party has already
breached the contract; in such a situation, the third party cannot be held to have induced
a breach of the other parties’ contract.
State antitakeover statutes are usually enacted to protect local state businesses from
being taken over by other businesses, particularly out-of-state businesses, which might
close certain plants located in the state, move certain business operations out of state,
lay off employees who are residents of the state, and cause a decrease in tax revenues of
the state.
An intrapreneur is a person who forms and operates a business.
Bankruptcy filed by an agent automatically terminates the agency.
All duties can be delegated as long as the delegator promises to guarantee performance.
A certificate of interest issued by a limited liability company acts the same as a stock
certificate issued by a corporation.
The right to go on someone else’s land and remove minerals, soil or water is called a
license.
The decree of divorce will not be granted until all issues such as custody of children
and division of property are settled.
Extortion of private persons is commonly referred to as blackmail.
Where an indorsement on an instrument has been forged or is unauthorized, the general
rule is that the loss falls on the party who first takes the forged instrument after the
forgery.
The Sherman Act has been called the “Magna Carta of free enterprise.”
Pursuant to the Sarbanes-Oxley Act, if a public accounting firm audits a public
company, the accounting firm may also provide bookkeeping services to the company.
Most states require that an environmental impact statement or report be prepared for
any proposed state action that would impact the environment.
If Tom, a tenant, assigns his or her lease to Dick, Tom remains liable to pay rent if Dick
fails to pay.
If you run out of room on the back of an instrument for indorsements, the instrument
may no longer be negotiated and must be cashed.
When a bankruptcy petition is filed, legal actions to recover alimony are ‘stayed,” but
child support cases are not.
The United States Bankruptcy Code is contained in Article II of the United States Code.
The death or incompetency of either the offeror or the offeree terminates an option
contract.
Formal contracts are always in writing.
Because lenders are sometimes reluctant to lend large sums of money simply on the
borrower’s promise to repay, many of them take a security interest in the property
purchased or some other property of the debtor.
Following the theory of utilitarianism, if an action would increase the good of
twenty-five people by one unit each and an alternative action would increase the good
of one person by twenty-six units, the former action should be taken.
An offer terminates if the subject matter of the offer is destroyed through no fault of
either party prior to the offer’s acceptance.
Many economists assert that NAFTA is not a “free trade” pact, but is instead a managed
trade agreement.
If a franchise is properly organized and operated, the franchisor and franchisee are
separate legal entities.
Informal contracts are also referred to as complex contracts.
Many state and local governments have adopted laws that prevent discrimination in
employment.
When the order for relief is granted, all dischargeable debts are erased.
Upon proper notification by the union, union and agency shop employers are required
to deduct union dues and agency fees from employees’ wages and forward these dues to
the union. This is called dues certification.
A corporation can conduct business in a foreign country using either a branch office or
a subsidiary corporation.
Powers that arenot mentioned in the U.S. Constitution:
A) are held both by the states and by the federal government.
B) are reserved to the states.
C) are reserved to the federal government.
D) can be delegated by the U.S. Supreme Court to either the states or the federal
government.
E) cannot be exercised by either the states or the federal government.
Which of the following is not generally a duty owed by the tenant to a landlord?
A) duty to pay rent
B) duty to not commit waste
C) duty to inform the landlord of any condition affecting the value of the leased
premises
D) duty to not use the premises for illegal purposes
E) duty to not disturb other tenants
Which of the following is not a possible consequence of including fraudulent
information in a proxy solicitation?
A) a criminal action initiated by the justice department
B) fines imposed on shareholders who granted proxies
C) a civil action by the Securities and Exchange Commission
D) an order requiring a new election on the matter for which proxies were sought
E) a suit by an injured shareholder for damages from the wrongdoer
Which of the following is not one of the most commonly used top-level extensions for
domain names?
A) .edu
B) .org
C) .com
D) .net
E) .med
Which of the following is a correct statement regarding the assignment of a legal
action?
A) The right to sue another party for a violation of personal rights cannot usually be
assigned.
B) The right to sue another party for a violation of personal rights is conditionally
assignable.
C) The right to sue another party for a violation of personal rights is assignable in
equity.
D) The right to sue another party for a violation of personal rights can usually be
assigned, provided that the dispute pertains to rights protected by the United States
Constitution.
E) The right to sue another party for a violation of personal rights can usually be
assigned, provided that the assignment satisfies the Statute of Frauds.
The doctrine that is applied when a defendant violates an existing statute intended to
prevent the injury in question to persons of a class that includes the plaintiff is:
A) negligence per se.
B) res ipsa loquitur.
C) proximate cause.
D) concurrent statutory violation.
E) negligence res ipsa.
A principal-agency relationship is created between a customer and a bank:
A) only if the customer deposits a check that the bank must collect for the customer.
B) any time the customer deposits an amount into the customer’s checking account.
C) only when the customer writes a check against her account.
D) if the customer deposits a check that the bank must collect for the customer, or if the
customer writes a check against his or her account.
E) if the customer has an overdraft and the bank needs to collect.
Anticipatory breach of a contract is also referred to as anticipatory ________.
A) reclamation
B) regeneration
C) repudiation
D) restoration
E) proclamation
What does the “veil of ignorance” require under the social contract theory of mortality?
A) that ethical obligations are decided by less intelligent members of society so that
they can be understood by all
B) that ethical obligations in society not be made public, because if they were,
individuals would strive to merely do the minimum
C) that ethical obligations be determined by persons who do not yet know their place in
society
D) that persons who have suffered an injustice not be able to learn the identity of the
person causing the injustice, at least when it is practical to keep this information from
the persons who were harmed
E) that ethical obligations be determined by the lower 50% of the population
economically
When a principal creates the appearance of an agency that does not actually exist,
which kind of agency is established?
A) apparent authority
B) inherent authority
C) express authority
D) implied authority
E) equitable authority
In terms of fraud liability, the wrongdoer’s knowledge that his or her representation was
false and was intended to deceive the innocent party is known as:
A) scienter.
B) primogeniture.
C) mala in se.
D) mala prohibita.
E) malice aforethought.
In March 2002, a retailer contracted to buy 200 chairs from a manufacturer. The
contract terms called for full payment to be made by April 1, with delivery to be made
by April 20. This is an F.O.B. destination contract. In the warehouse, the seller marked
these 200 chairs as sold to this buyer on March 29. The buyer failed to make timely
payment by April 1. What effect does the buyer’s failure to make payment have on risk
of loss?
A) It has no effect because the contract shipping terms control risk of loss.
B) It has no effect because the goods are still in the warehouse of the seller.
C) It will immediately and permanently place the risk of loss on the buyer.
D) It will immediately place the risk of loss on the buyer for a commercially reasonable
time.
E) It has no effect because the risk of loss shifted to the buyer upon the formation of the
contract.
Which of the following is not true about the United States criminal law system?
A) Criminal defendants are presumed innocent until proven guilty.
B) The burden of proof in a criminal case is on the government.
C) A jury’s vote to convict must be unanimous.
D) Once there has been an arraignment, most of a defendant’s constitutional rights are
no longer applicable.
E) The defendant has a constitutionally-protected right to a jury trial in a criminal case.
The holder of an instrument wants that instrument to be paid to a particular person,
wants to be sure that the proceeds from the instrument are deposited in that individual’s
account, and does not want to be liable to that person in the event that the instrument is
not paid. What can the holder do to accomplish this?
A) give a blank, qualified, restrictive indorsement
B) give a special, qualified, restrictive indorsement
C) give a special, qualified, unrestrictive indorsement
D) give a special, qualified, restrictive indorsement, but it will not be possible to require
the deposit of the proceeds into a bank account
E) give a special, qualified, restrictive indorsement, but it will not be possible to
eliminate the liability in the event of nonpayment of the instrument
When a product is found to be defective because of a failure to warn, it means that:
A) the manufacturer made an unreasonably dangerous product that consumers should
have been told about.
B) the product would not have been unreasonably dangerous if consumers had been
warned about certain dangers of the product.
C) a state of the art design is acceptable so long as consumers are warned that there are
no safer designs available.
D) the manufacturer did not meet its duty to warn against all possible dangers that
might exist in connection with a product.
E) the manufacturer is liable for the defective product due to its contributory
negligence.
A ________ power of attorney limits the agent to those acts specifically enumerated by
the agreement.
A) limited
B) qualified
C) special
D) conditional
E) truncated
Under the ________ intent doctrine, the law transfers the perpetrator’s intent from the
target to the actual victim of the act.
A) conferred
B) substituted
C) vicarious
D) transferred
E) allocated
While working as a waiter at Italian restaurant owned by Alice, Bill Cheater copies the
restaurant’s recipe for lasagna. Alice kept the recipe in her personal recipe booklet
marked “personal” on the front, but it was an easy matter for Bill to get it. Alice had
taken no other steps to protect the recipe. The restaurant is well known for its lasagna,
and customers travel many miles to have it. Bill opens his own restaurant in a different
county, advertising lasagna as a specialty. Alice visits the restaurant, finds out that Bill
is using her recipe, and sues for misappropriation of her trade secret. Bill says that he
didn’t violate any law, that no steps were taken to keep the recipe a secret, and that
besides, he opened in a different county. Bill says that he wants a court order keeping
Alice out of his restaurant. Who will likely win, and what will the remedy be?
An inferior trial court is one that:
A) can hear only matters involving relatively small dollar amounts.
B) has had a larger than normal portion of its decisions overturned on appeal.
C) has an appointed judge rather than an elected judge.
D) can only hear certain kinds of cases.
E) must have all of its decisions approved by a higher court before they become
effective.
Which of the following is personal defense?
A) fraud in the inception
B) extreme duress
C) fraud in the inducement
D) material alteration
E) discharge in bankruptcy
Mike, an 80-year-old resident of North Dakota, has long desired to experience driving
in New York City during rush hour. He realizes his goal, but gets into an accident with a
taxi driver who lives in Brooklyn, N.Y. and works in New York City. The accident
causes $24,000 in damage to Mike’s Porsche Boxster. Mike wants to sue the taxi driver.
Where can Mike file his lawsuit?
A) in state or federal court in either North Dakota or New York
B) in state or federal court in New York
C) in state court in New York
D) in federal court in New York
E) in federal court in either New York or New Jersey
Assume Doug and Eddie both have checking accounts at Local Bank. On Monday
morning, Eddie deposits a check from Doug written on Doug’s account at Local Bank.
The bank issues a provisional credit to Eddie’s account. When is the check considered
honored?
A) if the bank does not dishonor the check by the opening of business on Tuesday
morning
B) if the bank does not dishonor the check by the opening of business on Wednesday
morning
C) if the bank does not dishonor the check by the opening of business on Thursday
morning
D) if the bank does not dishonor the check by the opening of business on Friday
morning
E) if the bank does not dishonor the check by the close of business on Monday
afternoon
The Bill of Rights is another name for:
A) the Articles of Confederation.
B) the U.S. Constitution.
C) the document that explains the U.S. Constitution.
D) the first ten amendments to the U.S. Constitution.
E) the first seven articles of the U.S. Constitution.
When a valid security interest becomes effective as between debtor and creditor, it is
said to:
A) terminate the debtor’s interest.
B) attach to the subject matter of the security interest.
C) become perfected.
D) entitle the creditor to possession of the property that is subject to the security
interest.
E) support the creditor.
The person giving oral testimony in a deposition is called the ________.
A) deponent
B) supplicant
C) expatriate
D) witness
E) intervenor
The school of jurisprudence that believes that free market forces should determine the
outcomes to lawsuits is:
A) the Command School.
B) the Sociological School.
C) the Critical Legal Studies School.
D) the Law and Economics School.
E) the Analytical School.
If a party to a contract anticipatorily repudiates a contract, then:
A) that repudiation may not be retracted.
B) that repudiation may be retracted under any circumstances.
C) that repudiation may be retracted only if the aggrieved party has not changed its
position, canceled the contract or otherwise indicated that the repudiation is final.
D) that repudiation may be retracted only with the consent of the other party.
E) that repudiation may be retracted only if subjective reliance on the part of the
aggrieved party cannot be established.
The concept of concurrent jurisdiction refers to:
A) cases where an appeal is heard by the same court that tried the case.
B) cases that can be heard in either a state or a federal court.
C) separate legal actions that arise out of a common set of facts and circumstances.
D) criminal cases in which the same court determines guilt and also decides the penalty.
E) cases that are both crimes and civil offenses.
Which of the following is true about a corporation being a general partner in a limited
partnership?
A) A corporation cannot be a general partner in a limited partnership.
B) A corporation can be a general partner in a limited partnership, but only if it is not
the sole general partner.
C) A corporation can be a general partner in a limited partnership, but only if there is at
least one other general partner.
D) A corporation can be a general partner in a limited partnership, even if it is the only
general partner.
E) A corporation can be a general partner in a limited partnership, but only if another
corporation is a limited partner.
The two labor organizations that combined in 1955 were the:
A) Teamsters and the United Auto Workers.
B) United Auto Workers and the American Federation of Labor.
C) American Federation of Labor and the Congress of Industrial Organizations.
D) United Steel Workers and United Auto Workers.
E) United Steel Workers and the Congress of Industrial Organizations.
Why type of title does a consignee have in the consignors property when the consignee
takes possession of the goods?
A) void
B) voidable
C) no title
D) restricted title
E) valid title
The courts of one nation cannot question the actions undertaken by another nation
within the other nation’s borders under:
A) the “act of state” doctrine.
B) the ‘sovereign immunity” doctrine.
C) the “extradition” doctrine.
D) the “expropriation” doctrine.
E) the “comity” doctrine.
Betty is considering forming a business in Colorado. She is thinking about a business
that would rent inline skates to customers and transport them to the top of Mount
Evans. The road up Mount Evans is the highest paved road in the United States, and at
its culmination, peaks at just over 14,000 feet above sea level. Customers could skate
from the top of the mountain, at 14,000 feet, to a point in a nearby town, at 8,000 feet
above sea level. The customers would skate about thirty-five miles, with nearly the
entire distance downhill. Betty is considering whether she should form a corporation to
operate this business. What are the advantages and disadvantages of forming a
corporation? Is there any way she could avoid any of the disadvantages?
What risks are there for lenders who rely on the debtor’s inventory for collateral?
Although the rule that a buyer in the ordinary course of business takes the item free
from an inventory security interest makes buyers more willing to purchase items from
inventory, does it not discourage lenders from financing inventory? What can lenders,
who rely on merchants’ inventory for collateral, do to protect themselves?
Identify the following instrument. Fully explain.
To: Third National Bank of Levittown Date: January 1, 2011
Pay to the order of: Kathy Young,
One thousand and 00/100 Dollars, on March 15, 2011
Michael Alan
Michael Alan
Kathy has decided to purchase a used boat. The dealer shows her a boat and tells her it’s
only three years old and is in excellent condition. Kathy is relatively new to sailing and
has told this to the dealer. He tells her that the boat is worth $20,000 but he will sell it to
her for $16,000. A few weeks later she discovers that the boat is actually eight years
old, had sunk and been salvaged and that many things that appeared to be in excellent
condition were in fact in poor condition but had been made to look good by the dealer.
She has the boat appraised and it’s actually worth $8,000. If she sues the dealer what
will she recover and why?
Joe owns a health spa that caters to an exclusive clientele. He loves and tolerates all
people, but most of his customers are racists and bigots, and he has often heard his
customers make negative remarks about blacks and Jews. Joe needs a receptionist, so he
calls the Jobs-for-All employment agency and asks for some applicants to interview. He
is worried about customer perceptions of his employees (and the resulting impact such
perceptions might have on his profit,) so as he describes the required applicant
qualifications, he instructs the manager at Jobs-for-All not to bother sending over any
blacks or Jews, because he will not consider them. Even though they have a number of
blacks and Jews highly-experienced and qualified for the job, Jobs-for-All sends only
non-Jewish white women Has Joe and/or the employment agency violated Title VII?
Why do courts generally not enforce a promise to make a gift? Doesn’t this encourage
persons to make such promises when they don’t intend to actually make the gift? Isn’t it
wrong to make a promise and break it? Should courts enforce gift promises?
Why are advertisements not generally considered to be offers? Does this mean that an
advertiser is not required to honor the terms of an advertisement?
Frank is a second-hand furniture dealer. Frank goes to yard sales early every Saturday
morning in search of items for his store. One Saturday, Frank finds several items that he
likes at one sale. One item is a large heavy leather sofa that he cannot take with him
because it won’t fit into his van. He arranges with the seller to return that evening when
he has a truck that the sofa will fit in. Unfortunately, there was a huge sudden downpour
in the late afternoon, the seller could not move the sofa inside, and it was ruined. Who
bears the risk of loss?
A merger has been proposed for Ship With Us Company and Pack It Up Company.
Officers and directors of both corporations are interested in the merger, since they
believe the surviving corporation will be stronger and very successful. Neither
corporation owns stock in the other. Assume you are advising the companies on how to
arrange their merger. What do you need to know and how would you advise the
corporations?
What are the advantages and disadvantages of “no-fault” automobile insurance? What is
the purpose of no-fault coverage? Should no-fault coverage be mandatory, optional, or
not offered? Give reasons for your answer.
Bob has received a check in the amount of $1,000 from his brother. Bob’s brother is not
the most reliable person in the world. Bob would like to donate the $1,000 to a charity,
but does not want to make the donation if the check from his brother ends up not being
paid. Bob knows that he could wait to see if the check from his brother clears the bank,
but Bob wants to make the donation today. Bob also says he wants the organization to
use the money and does not want it to be transferred to any other party. How could Bob
accomplish these goals?
Sandy has three living children. Her oldest child has three children, and her second has
two. Her youngest child has no children. In addition, Sandy’s fourth child died two
years ago, leaving a husband and one young child. If Sandy’s will leaves all of her
property “to her lineal descendants,” indicate the portions that each of her survivors
would receive under both “per stirpes” and “per capita” distribution (assuming that
Sandy dies before any of the above-mentioned individuals die.)
Bob, who has never liked Bill because years ago Bill stole his girlfriend, would like to
cause Bill some problems. Bob owns a piece of land that he knows Bill would like to
have. Bob sees will at the local country club and tells him that he will sell the land for
$100,000. Bill agrees but is a little short on funds. He sells some antique cars he has in
order to come up with the cash. When Bill shows up to transfer title, Bob says he was
only joking and that he won’t sell. Bob says that Bill cannot enforce the deal because it
was not in writing. If Will sues, who should win?
Romeo has written a passionate love song to his girlfriend, Juliet, which he sings to her
from under her balcony one evening in anticipation of proposing marriage. He has
poured all of his emotions into the song and Juliet is so moved that she accepts his
marriage proposal. At Juliet’s urging Romeo records the song, which becomes a huge
success. While on their honeymoon, they turn on the radio and hear Weird Fred singing
a parody of the song. The melody is the same, but most of the words are changed.
Anyone hearing Weird Fred’s song would instantly be reminded of Romeo’s song.
Romeo is insulted and offended that Weird Fred could take something so important to
him and make it into a comedy. If Romeo sues for copyright infringement, how should
the court decide?
What practical problems for an employer are presented with the notice requirements of
the Plant Closing Act?
What changes should be made to copyright law to reflect the ease with which much
creative material can be reproduced and distributed over the Internet? What concerns
are there with any such law?
Assume that you are the CEO of a business. What theory of social responsibility of
business would you be most comfortable with as your business operates and grows?
Which ethical theory of social responsibility of business would you be least
comfortable with as your business operates and grows? Explain both answers.
It is generally held that the courts will not look into the adequacy of consideration.
What does this mean and why would the courts not be concerned with adequacy?