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A contractor's, laborer's, and material person's statutory lien that makes the real property
to which services or materials have been provided security for the payment of the
services and materials is known as a ________.
A) material lien
B) judgment lien
C) tax lien
D) construction lien
What is nolo contendere in legal proceedings?
A) a plea by which the defense attorney sets out reasons as to why the case should not
go to trial
B) a plea where the accused agrees to the imposition of a penalty but does not admit
guilt
C) a plea by which the defense attorney exhibits evidences that the defendant is not fit
to stand for trial
D) a guilty plea where the defendant does not agree to the imposition of a penalty and
asserts innocence though there is sufficient evidence against the defendant
The state of Idaho has a two-year statute of limitations for personal injury actions.
Graham was injured by Alice in a car accident on January 1, 2013. If Graham wants to
bring a lawsuit against Alice on January 15, 2015, which of the following is most likely
to be the outcome?
A) Graham is allowed to sue Alice after appealing for an extension of the statute of
limitations.
B) Graham is not allowed to sue Alice, having lost his right to sue her.
C) Graham can sue Alice but will not receive damages.
D) Graham can sue Alice but is not entitled to a jury trial.
Which of the following statements is true about strict liability?
A) It applies only to manufacturers of a defective product.
B) It is liability without fault.
C) It requires privity of contract between the plaintiff and the defendant.
D) It covers casual sales and transactions.
Which school of jurisprudential thought is reflected in documents such as the U.S.
Constitution, the Magna Carta, and the United Nations Charter?
A) the Natural Law School
B) the Historical School
C) the Sociological School
D) the Analytical School
A ________ is an owner of intellectual property or information rights who transfers
rights in the property or information to another party.
A) lessor
B) lessee
C) licensee
D) licensor
Which of the following legislation protects consumers in challenging information
contained in a credit file?
A) Fair Credit Billing Act
B) Equal Credit Opportunity Act
C) Fair Debt Collection Practices Act
D) Fair Credit Reporting Act
The ________ forbids the use of oppressive child labor and makes it unlawful to ship
goods produced by businesses that use oppressive child labor.
A) OSHA
B) ERISA
C) FMLA
D) FLSA
________ establishes rules for the dissolution of a limited partnership.
A) The RULPA
B) The UPA
C) The UCC
D) Federal statutory law
A landlord-tenant relationship is characterized by ________.
A) transfer of title to the tenant
B) the tenant's receipt of a non-freehold estate
C) the creation of a future interest for the tenant
D) the tenant's fee simple absolute ownership of the leased property
In which of the following types of franchises does a franchisor provide a secret formula
or process to the franchisee?
A) chain-style franchise
B) area franchise
C) distributorship franchise
D) processing plant franchise
Halfren, a county in the state of Halizona, is earthquake-prone. The governor of
Halizona sets up a committee to explore the possible methods that could be used to
minimize damage and loss of life. The committee found that a new technique of using
steel reinforcements in building columns would help reduce overall damages. The
findings were put to a debate at the local town hall, where it was accepted by a majority
of the residents. The state government then passed a law making it mandatory to use the
new technique while constructing new buildings in Halfren. Which of the following
functions of the law did the state government of Halizona exhibit in this case?
A) promoting social justice
B) maximizing individual freedom
C) shaping moral standards
D) facilitating orderly change
Subjects that are not compulsory or illegal are known as ________ subjects of
collective bargaining, which may be bargained for if the company and union agree to do
so.
A) secondary
B) alternative
C) permissive
D) conditional
The ________ is a federal statute that prohibits age discrimination regarding employee
benefits.
A) FEPA
B) OWBPA
C) ADEA
D) EEOC
Section 8(a) of the NLRAmakes it an unfair labor practicefor an employer to interfere
with, coerce, or restrain employees from exercising their statutory right to form and join
unions.
________ are established by the legislative and executive branches of the federal
government to enforce and interpret statutes enacted by the Congress and state
legislatures.
A) Commissaries
B) State courts
C) Administrative agencies
D) Councils
What is cross-examination?
A) inspection of evidence by the trier of facts
B) prospective jurors being questioned by the judge or lawyers of each party
C) witnesses being questioned by the judge
D) witnesses being questioned by the defendant's attorney
Which of the following policies helps keep a corporate officer from being sued for
honest mistakes made on behalf of a corporation?
A) the duty of loyalty
B) the duty of obedience
C) the business judgment rule
D) self-dealing
Which of the following is true for an auction with reserve?
A) The seller retains the right to refuse the highest bid and withdraw the goods from
sale.
B) An invitation to make an offer is not allowed.
C) An auctioned item cannot be withdrawn from the auction after an offer has been
made.
D) A bid cannot be withdrawn and is legally binding from the moment it is made.
The ________ is a federal act designed to prevent fraud and other abuses associated
with private pension funds.
A) ERISA
B) COBRA
C) FLSA
D) FMLA
What legal course of action is available to a corporation if its employees go on strike
without any notice?
A) threaten the employees with plant closure if they continue to strike
B) dissolve the union within the company
C) dismiss the striking employees
D) solicit on behalf of a second union to represent company employees
A(n) ________ refers to a document that evidences a member's ownership interest in an
LLC.
A) certificate of interest
B) distributional interest
C) operating agreement
D) agreement of conversion
After a corporation has commenced business or issued shares, the corporation can be
________ if the board of directors recommends dissolution and a majority of voting
shareholders favors dissolution.
A) rescinded
B) remanded
C) administratively dissolved
D) voluntarily dissolved
Which of the following is a federal sanction imposed on states that fail to meet air
quality standards?
A) an increase in personal property taxes on state residents
B) a decrease in federal funding of the state's public school system
C) a limitation on the development of new pollution sources within the state
D) a reduction in congressional membership (for example, one less state representative
in the U.S. House of Representatives)
Which of the following statements is true of the North American Free Trade Agreement
(NAFTA)?
A) It allows a member country to reinstitute tariffs if an import surge from one of the
other nations hurts its economy or workers.
B) It has significantly improved the environment in Mexico due to its strict pollution
measures that are mandatory on all member nations.
C) It disallows a NAFTA member from trading with another country without the
consent of the other member nations.
D) It has been hailed by economists as a perfect example of a free trade pact.
Fiona works for Open Heart Hospital and lives 10 miles away from her place of work.
The hospital has provided her with a car to commute and also pays for its upkeep. If she
accidentally injures a person while driving to work in the morning, which of the
following will be true?
A) Open Heart Hospital will be completely liable for the injury.
B) The injured person can sue Open Heart Hospital but can only recover reimbursement
for his or her medical expenses due to the injury.
C) Both Fiona and Open Heart Hospital will be liable to the injured person.
D) Only Fiona will be liable for her negligence.
Which of the following statements is true of intermediate appellate courts?
A) They hear new evidence and testimony that have come to light after the trial courts
have made their decision.
B) They do not grant any oral hearings to the parties.
C) They only have jurisdiction to hear cases of a limited or specialized nature.
D) They review either pertinent parts or the whole trial court record from the lower
court.
Which of the following is true of a patent application?
A) A patent application can be moved to the top of the list of other patents for review by
the U.S. Patent and Trademark Office if the inventor pays $25,000.
B) The U.S. Patent and Trademark Office must make a decision whether to grant a
patent within a year from the date of filing a patent application.
C) An inventor may file a provisional application with the U.S. Patent and Trademark
Office and get a maximum of five days to prepare and file a final and complete patent
application.
D) The U.S. Patent and Trademark Office can grant priority to patent applications for
products that are important to the national economy.
________ is a type of equity security that represents the residual value of a corporation.
A) Common stock
B) Preferred stock
C) Cumulative preferred stock
D) Participating preferred stock
What is an unlawful detainer action?
A) a legal process that a tenant must complete before he or she is allowed to sublet
B) a legal action brought against the landlord for breach of the implied warranty of
habitability
C) a lawsuit brought by the tenant against the landlord for wrongful eviction
D) a legal process that a landlord must complete to evict a holdover tenant
________ corporations are corporations that have many shareholders and whose
securities are often traded on organized securities markets.
A) Closely held
B) Nonprofit
C) Publicly held
D) Professional
Which of the following measures is most likely to reduce indoor air pollution in an
office building?
A) complete air conditioning with sealed windows
B) heavy insulation
C) the closure of all air ducts
D) a prohibition on copy machines
In which of the following cases does a class action occur?
A) There are no factual disputes to be decided by the jury.
B) The defendant has multiple grounds for appeal.
C) A group of plaintiffs collectively brings a lawsuit against a defendant.
D) The plaintiff does not reply to the defender's cross-complaint.
The Department of Homeland Security, the federal Food and Drug Administration
(FDA), the National Labor Relations Board (NLRB), and the Equal Employment
Opportunity Commission (EEOC) are all examples of ________.
Which of the following is true about the surety's liability to pay in a surety
arrangement?
A) The surety is secondarily liable for payment.
B) The surety is primarily liable for payment.
C) The principal debtor must be in default before the surety can be approached.
D) The creditor can only approach the surety as a last resort.
