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A court may rule contrary to a precedent if
a. the court decides that the precedent is incorrect.
b. the court decides that the precedent is inapplicable.
c. the judge does not like the precedent.
d. (a) and (b)
Ludwig receives from Milo a marimba stolen from Nadine. To be criminally liable,
Ludwig must know
a. Milo.
b. Nadine.
c. that the marimba is stolen and Ludwig must intend to keep it.
d. what a marimba is.
Violet occupies a house on her mother Ruth's farm without paying rent. Either party can
terminate this arrangement without notice. This is
a. a periodic tenancy.
b. a tenancy at sufferance.
c. a tenancy at will.
d. no tenancy .
Herman's Hammer Company and Melissa's Mallets, Inc. both make hammers. Both
companies only use steel produced in the United States to make their hammers.
Herman's Hammer Company displays an ad in the local hardware store that says, "Buy
from Herman's " we only use American steel, while competitors like Melissa's Mallets
use inferior foreign steel!" The statement in the ad is
a. an obvious exaggeration.
b. puffery.
c. a false claim about a competitor's product.
d. a half-truth.
Edna and Flavia buy a boat that they dock in a marina near Gulfport, Mississippi. On
the death of either owner, that owner's interest in the boat passes to her heirs. This is
a. a joint tenancy.
b. community property.
c. a tenancy in common.
d. ownership in fee simple.
Mike is arrested at a warehouse in North Industrial Park and is charged with the crime
of theft. Mike will be prosecuted by
a. the owner of the warehouse.
b. the owner of the property that Mike is charged with stealing.
c. a public official.
d. any third party unrelated to Mike, the property, or the crime.
A state law prohibits gambling houses. Tim rents a building to Victoria under a lease
that provides the premises are to be used only to house an illegal betting operation. This
lease is
a. enforceable under any circumstances.
b. enforceable as long as the tenant does what the lease provides.
c. enforceable only if the tenant does not do what the lease provides.
d. unenforceable under any circumstances.
Congress enacts a law prohibiting toys made in China from being sold in the United
States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made
toys. Hawaii's law will most likely be struck down under
a. the commerce clause.
b. the equal protection clause.
c. the national spending power.
d. the supremacy clause.
Caramello Chip & Cookie Corporation (4C) obtains, and gives its employees, a list of
the customers of Sugar & Spice Sales, Inc. (3S). Under the law that applies to trade
secrets, 4C's conduct is actionable provided
a. consumers are confused.
b. 4C's conduct is intentional.
c. 4C uses the list.
d. 4C does not have 3S's permission to use the list.
Parties may NOT opt out of any terms of the UETA.
Ryan, the owner of SuperMart Stores, Inc., adheres to the "principle of rights" theory.
Under this theory, a key factor in determining whether a business decision is ethical is
how that decision affects
a. the right determination under a cost-benefit analysis.
b. the rights of others.
c. the "right" thing to do.
d. the right to make a profit.
Jaime conveys his historic mansion to Main Street Historical Society in fee simple
defeasible. In the mansion, Jaime now has
a. a partial ownership interest.
b. an easement.
c. no interest.
d. a profit.
Anthony believes that he needs to obtain a Chapter 13 discharge in bankruptcy. A
Chapter 13 case can be initiated by a filing of a voluntary petition by
a. a creditor only.
b. a corporation only.
c. a debtor only.
d. a trustee only.
Office Suppliers, Inc. and Little Office Shop enter into a contract for a sale of office
supplies. Office Suppliers is the seller. Under a shipment contract, the Office Suppliers
does NOT have to
a. obtain and promptly deliver or tender to the buyer any documents necessary to enable
the buyer to obtain the goods.
b. deliver the goods to a particular destination.
c. put the goods in the hands of the carrier.
d. promptly notify the buyer when the shipment has been made.
Congress enacts a statute to exempt the citizens of Louisiana from federal taxes until
New Orleans is totally rebuilt from the ravages of Hurricane Katrina. This statute will
most likely be struck down under
a. the due process clause.
b. the First Amendment.
c. the national taxing power.
d. the supremacy clause.
Mineral Resource Company contracts to provide several manufacturers with tin. When
a cartel of tin-producing countries suddenly embargoes future shipments of tin to
Mineral Resource so that it cannot fulfill its contracts, the distributor
a. can substitute some other material for the tin.
b. is excused from the performance of its contracts.
c. is liable for breach of contract.
d. must still supply the tin needs of its customers.
Opal signs a promissory note payable to the order of Payday Loan Company. The note
states that it is payable "with interest at the legal rate." This note is
a. negotiable.
b. nonnegotiable, because it does not specify a rate of interest.
c. nonnegotiable, because it is a promissory note.
d. nonnegotiable, because it is payable only with interest.
To acquire monopoly power in its market, Perfect Plastics, Inc., sets its prices lower
than its competitors. Under the Sherman Act, this is
a. a per se violation.
b. a violation if its competitors make similar deals.
c. a violation if it thereby acquires monopoly power.
d. not a violation.
Super Saddles, Inc. runs an ad with the statement "Super Saddles are truly super!" in a
nationally circulated horse magazine. The statement is an example of
a. a false claim.
b. puffery.
c. a false claim about a competitor's product.
d. a half-truth.
Ethan is a minor. He takes out a financial loan and uses the money to buy food. The
loan is
a. likely to be considered a necessary.
b. not likely to be considered a necessary.
c. considered a necessary due to the doctrine of promissory estoppel.
d. considered a necessary because Ethan is a minor.
Thelma is an employee at Foreign Food Mart. Thelma is called for jury
duty and as a result cannot work her scheduled shift at Foreign Food Mart.
Foreign Food Mart fires Thelma. This is a violation of
a. a public-policy exception to the employment-at-will doctrine.
b. a worker privacy exception to the employment-at-will doctrine.
c. a whistleblower statute.
d. no statutes or doctrines.
Vehicle Leasing Agency (VLA) and Wander Trucking Company enter into a contract
for a lease of eight cargo vans. VLA delivers eight vans, but they are not cargo-sized.
Wander
a. cannot reject the entire shipment.
b. can reject the entire shipment.
c. must accept the entire shipment.
d. must reject the entire shipment.
Corporate Properties, Inc., attempts to acquire a substantial number of the shares of
Downtown Realty Corporation through a public offer to Downtown's shareholders. This
is
a. a consolidation.
b. a tender offer.
c. a short-form merger.
d. a termination.
Jay files a bankruptcy petition under Chapter 7. Among his debts are unpaid taxes, fines
owed to the government, student loans owed to Mega University, and support owed to
his ex-wife Kris. Most likely to be discharged are
a. the back taxes if they accrued within the previous three years.
b. the fines if they have been outstanding less than eight years.
c. the student loans if their payment would impose undue hardship.
d. the support debts.
Kirsten applies for a mortgage loan with Secure Bank so she can buy a horse barn. After
granting Kirsten a mortgage loan, Secure Bank should
a. record the mortgage with the appropriate office in the county where the horse barn is
located.
b. do nothing.
c. record the mortgage in the courthouse in the county where Secure Bank is located.
d. publish the mortgage in a newspaper.
Julia is a U.S. citizen. She establishes a website that posts threatening messages about
celebrities. Her website is
a. protected by the First Amendment.
b. not protected by the First Amendment.
c. protected by the Fifth Amendment.
d. protected by the Tenth Amendment.
Barb, a real estate agent, is showing John a house. She tells him that this is a house
where "his family can live happily ever after." John buys the house, but his wife does
not like it. John
a. can rescind the contract on the ground of fraud.
b. can rescind the contract on the ground of misrepresentation.
c. can rescind the contract on the ground of mistake.
d. was not defrauded.
Beth, an accountant for Credits & Debits, acquires a negotiable instrument from Ellen
by promising to pay its face value in thirty days. Beth acquires the status of an HDC
when she
a. acquires possession of the negotiable instrument.
b. agrees with Ellen to buy the negotiable instrument.
c. pays the face value due on the instrument.
d. transfers the instrument to another party.
Robert enters into a contract with Claire. Claire agrees to paint Robert's living room for
$500. Claire is the
a. obligor.
b. obligee.
c. assignee.
d. assignor.
When Jeff's car breaks down, he asks Insta-Tow, Inc., to tow it to Huey's Repair Shop.
There is no discussion of a price, and Jeff and Insta-Tow do not sign any documents.
Later, Insta-Tow sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is
a. an express contract.
b. an implied contract.
c. an implied-in-law contract.
d. no contract.
Jack promises to buy Lizette's used textbook for $60. Jack is
a. an executor.
b. an offeree.
c. a promisee.
d. a promisor.
An offer made to the public needs to be revoked in the same manner in which the offer
was originally communicated.
Enabling legislation creates administrative agencies.
Resale price maintenance agreements are subject to analysis under the rule of reason.
Absolute mandates such as the commandment "Thou shalt not steal" can be justifiably
broken if there is a benevolent motive.
A trade association practice or agreement that restrains trade is analyzed under the rule
of reason.
A void contract is enforceable if it is in writing.
A bailee is a buyer or lessee.
In a sole proprietorship, the owner receives 90 percent of the profits and the
government receives 10 percent.
At every stage of a trial, either party can file a motion to dismiss the case.
Signal Sets Company contracts to deliver one hundred 52-inch plasma high-definition
television sets to a new retail customer, Tuner TV Store, on May 1, with payment to be
made on delivery. Signal tenders delivery in its own truck. Tuner's manager notices that
some of the cartons have scrape marks. Tuner's owner phones Signal's office and asks
whether the sets might have been damaged as they were being loaded. Signal assures
Tuner that the sets are in perfect condition. Tuner tenders Signal a check, which Signal
refuses, claiming that the first delivery to new customers is always for cash. Tuner
promises to pay the cash within two days. Signal leaves the sets with Tuner, which
stores them in its warehouse pending its "Grand Opening Sale" on May 15. Two days
later, Tuner's stocker opens some of the cartons and discovers that a number of the sets
are damaged beyond ordinary repair. Signal claims Tuner has accepted the sets and is in
breach by not paying on delivery. Will Signal succeed on these claims? Explain.
All UCC provisions relating to the passage of title for the sale of goods also apply to the
lease of goods.
The first security interest to be perfected is the last in priority over any other perfected
security interests.
There are exceptions to the Statute of Frauds.
In a contract for a sale of goods, the usual measure of compensatory damages is the
difference between the contract price and the market price.
In sales law, a warranty is an assurance by one party of the existence of a fact on which
the other party can rely.
The implied warranty of habitability does not concern unattractive physical defects.
To challenge an agency action, a party must have standing to sue the agency.
