Sarah believes that she was rejected for a position at Trekking Travel Agency due to her
race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of
disparate-treatment discrimination. Sarah must show all of the following except that
a. she is a member of a protected class.
b. she applied and was qualified for the job in question.
c. she was rejected by Trekking Travel Agency.
d. other people of her race hold similar positions with other employers.
Shane’s Auto Parts orders twenty tires from Tough Tires, Inc. The truck delivering the
tires to Shane’s is in an accident and ten of the tires are damaged. Shane’s Auto Parts
a. cannot reject the entire shipment.
b. must still pay for all twenty tires at the original contract price.
c. may inspect the tires and accept the shipment with a reduction in price.
d. must reject the entire shipment.
Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury
a. if Ike intended to push Joan.
b. only if Ike did not intend to break Joan’s arm.
c. only if Ike had a bad motive for pushing Joan.
d. only if Ike intended to break Joan’s arm.
The United States taxes each barrel of imported oil at a flat rate. This is
a. an antidumping duty.
b. a dumping duty.
c. a quota.
d. a tariff.
The best definition of a precedent is
a. a law developed from custom.
b. a judicial proceeding for the determination of a dispute between parites in which
rights are enforced or protected.
c. a proceeding by one person against another in court.
d. a court decision that furnishes an example or authority for deciding subsequent cases
involving identical or similar facts.
HVAC Parts Company charges different buyers different prices for identical goods.
HVAC’s prices are subject to evaluation under
a. the Clayton Act.
b. the Federal Trade Commission Act.
c. the Sherman Act.
d. no antitrust law.
Bay City wants to acquire undeveloped land within the city limits to convert into a
public park. Bay City brings a judicial proceeding to obtain title to the land. This is
a. adverse possession.
b. an easement.
c. constructive eviction.
d. the power of eminent domain.
Lucky owns Mud Flats Ranch, which is situated on certain Nevada acreage. The
exterior boundaries of the land extend
a. 100 feet into the earth and 100 feet into the atmosphere.
b. one mile into the earth and one mile into the atmosphere.
c. to infinity and beyond.
d. to the center of the earth and up to the sky.
Mountaineer Sales, Inc., is the offeror and Camping Goods Corporation is the offeree
under a unilateral sales contract in which Forest Recreation Products Company is also
interested. Mountaineer is not notified of Camping’s performance within a reasonable
time. Mountaineer
a. may treat the offer as having lapsed.
b. must assume that Camping has started to perform.
c. must contact Camping.
d. must contract with Forest.
Wilbert has a lot of property that he wishes to sell. He sells his car to John for $5,000.
He sells his bike to Shelby for $600. He sells his extensive DVD collection to Dixie
May for $1,000. He sells a patent to a device for organizing digital music files to Gary
for $400. Which of Wilbert’s sales is NOT covered by Article 2 or 2A of the UCC?
a. The sale of the car
b. The sale of the bike
c. The sale of the DVD collection
d. The sale of the patent
Dependable Appliances, Inc., and Elaine enter into a contract for a sale of kitchen
appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its
goods come with an implied warranty of merchantability. Under the UCC, this means
that the goods are reasonably
a. fit for the buyer’s particular purpose.
b. fit for the ordinary purpose for which such goods are used.
c. suitable for resale at an acceptable price.
d. the best quality that money can buy.
Quik Collection Agency calls Pat several times a day, and sometimes in the middle of
the night, about an overdue bill that Regal Sporting Goods turned over to Quik for
collection. This is a violation of
a. no federal law.
b. the Fair and Accurate Credit Transactions Act.
c. the Fair Debt Collection Practices Act.
d. the Truth-in-Lending Act.
Memphis Music Makers Incorporated has a stated purpose to sell musical instruments.
If chief executive officer Tabitha contracts with Frenzied Firearms in Memphis Music
Makers’s name to sell a shotgun, she has likely committed
a. an ultra vires act.
b. a de facto act.
c. a de jure act.
d. a legal act.
Duffy and Elbert agree to hijack a truck carrying a load of pecans. If Duffy later refuses
to go through with the crime, Elbert can
a. enforce the agreement.
b. obtain damages from Duffy in the amount of Duffy’s probable share of the illegal
profits.
c. recover in quasi contract for the loss of his share of the illegal profits.
d. do nothing.
Julie orally agrees to assume Phil’s debt to FunGames, Inc. Julie gets substantial
personal benefit for the agreement. This contract is enforceable by
a. Julie only.
b. Phil only.
c. either party.
d. neither party.
Orin owns Pilot’s Landing Office Park. His ownership rights include the right to sell or
give away the property without restriction, as well as the right to commit waste, if he
chooses. Orin’s ownership interest is
a. a fee simple absolute.
b. a fee simple defeasible.
c. a life estate.
d. the power of eminent domain.
In most states, when a person turns eighteen, he or she has reached
a. the age of majority.
b. the age of infancy.
c. the age of ratification.
d. the age of competence.
Ida, Jerzy, and Kit are the directors of Liberty Convenience Stores, Inc. Liberty has nine
officers and forty-six shareholders. Dividends are ordered by the firm’s
a. board of directors.
b. incorporators.
c. officers.
d. shareholders.
Over the course of a year, Retail Marketers, Inc., sells goods from its inventory and one
of its warehouses. In exchange, Retail receives checks and other items that substitute
for cash, which Retail uses to repay a loan from Savings Bank. Article 2 of the UCC
governs
a. the checks.
b. the payment of the loan.
c. the sale of the buildings.
d. the sale of the goods.
In newspaper ads, Lo-Price Autos falsely accuses My-T Value Vehicles, a competitor, of
selling stolen cars. My-T’s sales decrease. Lo-Price has most likely committed
a. slander of quality.
b. slander of title.
c. wrongful interference with a business relationship.
d. none of the choices.
Zoe invents “All for One,” new business inventory control software, and applies for a
patent. If Zoe is granted a patent, it will protect her product
a. for ten years.
b. for twenty years.
c. for the life of the inventor plus seventy years.
d. forever.
To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds
with an answer. Together, the complaint and answer are
a. a motion to dismiss.
b. a summons.
c. a writ of certiorari.
d. the pleadings.
Wally offers to sell a certain used forklift to Valu Lumber Outlet, but Wally dies before
Valu accepts. Most likely, Wally’s death
a. did not affect the offer.
b. shortened the time of the offer but did not terminate it.
c. extended the time of the offer.
d. terminated the offer.
Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer
design program to show a famous model using Jane’s lipstick. Jane does not ask the
model’s permission. The model can sue Jane for
a. battery.
b. fraudulent misrepresentation.
c. defamation.
d. appropriation.
Wiley incorporates his business as Wiley Wire Corporation in Texas. He and his group
of shareholders intend to make a profit from their sales of fencing wire. Wiley Wire
Corporation is
a. a nonprofit corporation.
b. not a corporation.
c. an alien corporation.
d. a private corporation.
Ross and Sally agree to guarantee Tim’s debt. Ross’s maximum liability is $30,000, and
Sally’s is $20,000. Tim owes $20,000 and is in default. Ross pays the creditor the entire
amount. In the absence of an agreement to the contrary, Ross can recover from Sally
a. $8,000.
b. $10,000.
c. $20,000.
d. nothing.
Muni Investment Company signs a check payable to Enterprise Lenders, Inc., to buy a
promissory note executed by Fallow Corporation. This check
a. does not constitute sufficient consideration for HDC status.
b. does not satisfy the value requirement for HDC status.
c. satisfies the consideration requirement for HDC status.
d. satisfies the value requirement for HDC status.
William obtains a loan from a bank at 4.5% interest. The state where he obtains the loan
has a usury statute that limits interest rates to a 3.5% maximum. William’s contract with
the bank is
a. enforceable only if William does not attempt to disaffirm it.
b. enforceable only if the bank does not attempt to disaffirm it.
c. enforceable only if both William and the bank knew of the statute when the contract
was signed.
d. not enforceable.
Under Ohio’s state constitution, the Ohio Environmental Protection Agency issues a
new rule, the Polk County Commission approves a new property tax measure, and the
professors and students at Ohio Law School publish the results of their most recent
legal research. Sources of law include
a. the measures approved by local governing bodies.
b. the results of legal scholars’ research.
c. the rules issued by state administrative agencies.
d. the measures approved by local governing bodies and the rules issued by state
administrative agencies.
Under the ____________ Amendment, no warrants for a search or an arrest can be
issued without probable cause.
a. Second
b. Fourth
c. Fifth
d. Eighth
Kathy is the secured party in a transaction with Julie, who is the debtor. The collateral is
a 2007 Chevrolet F150 pick-up truck. Kathy files a financing statement in which she
describes the collateral as “a vehicle.” To perfect Kathy’s interest this is
a. not sufficient.
b. sufficient.
c. sufficient as long as the financing statement also includes Julie’s signature.
d. sufficient as long as the financing statement also includes the location of the
collateral.
Julia is an agent who purchases wool for Kara’s Knitting Company. In the course of her
performance for Kara’s Knitting Company, Julia pays for the gas for the company car
and for some storage boxes for the wool. Kara’s Knitting Company must reimburse
Julia because of the principal’s
a. duty of performance.
b. duty of loyalty.
c. duty of compensation.
d. duty of reimbursement.
The chief aim of the World Trade Organization and other trade agreements is to
maximize trade barriers among their members.
If a contract is fully performed by all parties to it, then it is presumed to have been
ratified.
An adhesion contract is a contract drafted by one party and presented to another on a
take-it-or-leave-it basis.
All federal agencies are subject to the requirements of the Administrative Procedure Act
of 1946.
An oral contract may be enforceable if there is no way to avoid injustice except to
enforce the promise.
John owns an orchard behind Kay’s house and property. The only access to the orchard
is Kay’s driveway, which John uses to get to his land. Does John have an ownership
interest in this use of Kay’s driveway? If so, what is it?
Bankruptcy law is state law.
Ethics is concerned with the fairness or justness of an action.
For federal income tax purposes, a partnership is NOT a tax-paying entity.
The primary purpose of the Uniform Electronic Transactions Act is to remove barriers
to e-commerce by giving the same legal effect to electronic records and e-signatures as
is given to paper documents and signatures.
At least in theory, Congress can regulate every commercial enterprise in the United
States.
Charging different prices to different buyers for identical goods is price discrimination.
Performance that provides a party with most of the benefits of a contract, in spite of a
deviation from the terms, is substantial performance.
If a contract specifies a certain carrier, a substitution of a different carrier for any reason
breaches the contract.
A third party’s rights under a contract vest when the conditions for vesting are satisfied.
Steering and targeting occurs when the lender manipulates a borrower into accepting a
loan product that benefits the lender but is not the best loan for the borrower.
A check, like other negotiable instruments, is a formal contract.
Under contract law, an innocent party need not suffer an injury to recover damages in a
case involving a contract with fraudulent terms.
To initiate a foreclosure, a lender must record a notice of default with the appropriate
county office.
The basic duty of a trustee is to collect the debtor’s property and reduce it to money for
distribution.