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When used to enforce the collection of a judgment, a writ of garnishment is used to
access property that is in the hands of someone other than the judgment debtor.
When a business has only one owner, and that owner takes no action in connection with
choosing the form of business under which to operate, the business is a sole
proprietorship.
Discharge of unsatisfied debts will be denied if the debtor falsified, destroyed, or
concealed records of his or her financial condition.
A partnership agreement provision that differs from the provisions of the Uniform
Partnership Act is automatically void.
State and federal courts have concurrent jurisdiction over some matters.
By definition, monopolies can impact the price of goods and services.
If a court finds that a contract clause is unconscionable, it may limit the applicability of
the unconscionable clause so as to avoid an unconscionable result.
Jury instructions are also known as trial briefs.
In a limited liability partnership, all of the partners have limited liability.
The Electronic Communications Privacy Act does not make it a crime to intercept an
electronic communication when stored by a router or server.
United States law evolves and changes along with the norms of society, technology, and
the growth and expansion of commerce in the United States and the world.
Ordinarily, a merger requires the approval of both boards of directors and the
shareholders of both corporations.
Parol evidence may be admitted in court if it fills in the gaps in a contract.
McDonald's does not grant exclusive geographical territories to its franchisees.
Real property includes property that is permanently attached to land.
No federal law prohibits identity theft because regulation of that area is left to the
individual states.
Fraud in the inception and fraud by concealment are interchangeable terms.
Under the Treaty Clause, only the federal government can enter into treaties with
foreign nations.
The U.S. Supreme Court takes approximately one-half the cases for which petitions for
certiorari are filed.
The Congress of Industrial Organizations was the first labor union to be formed in the
United States.
The Family and Medical Leave Act applies to employees the moment they begin
employment.
A member is personally liable for the debts of a limited liability company if he or she
personally guarantees the repayment of the limited liability company's debts.
The offeror is the party with the power to decide whether to create a contract.
The first paper filed in a law suit is called the summons.
If a marriage is annulled, there can be no further obligation to pay spousal support.
If the debtor is represented by an attorney, a reaffirmation agreement involving the
debtor need not be approved by the court.
Generally, an executory contract that is not in writing even though the Statute of Frauds
requires it to be is unenforceable by either party.
When contracting with an electronic agent, a contract can be formed even though the
content of the purported acceptance would constitute a counteroffer if dealing with a
live agent.
Short-term notes and drafts that have a maturity date of less than nine (9.) months must
be registered with the SEC.
The Command School of jurisprudence believes that the law commands the ruling
class, thus the law should not change when there is a change in the ruling class.
With a counteroffer, the previous offeree becomes the new offeror, and the previous
offeror becomes the new offeree.
A voidable contract is one that neither party can perform.
In general, the parol evidence rule:
A) describes the proof requirements for ending a prison sentence early.
B) requires certain contracts to be in writing.
C) determines damages that can be awarded for certain types of contracts.
D) prevents courts from hearing certain evidence in connection with a valid written
contract.
E) prevents parties from changing contracts once a writing has been signed.
John writes a check, making it payable to Jane Smith. Before Jane indorses the check,
Ralph steals it, forges Jane's indorsement, and cashes it at the local grocery store. John's
bank charges this check against John's account. John learns of the forgery and
complains. Who is ultimately liable for this loss, assuming Ralph cannot be found?
A) John
B) Jane
C) Ralph
D) John's bank
E) The grocery store
When can an offer to form a unilateral contract be revoked?
A) before the offeree begins performance
B) after the offeree begins performance, but before the performance is completed
C) after completion of performance
D) within two (2) business days after completion of performance
E) within three (3) business days after completion of performance
In a case involving anticipatory repudiation, which of the following statements is true
regarding the non-breaching party's right to sue the repudiating party?
A) The non-breaching party has the right to sue the repudiating party in equity, but not
in law.
B) The non-breaching party has the right to sue the repudiating party thirty (30) days
after the anticipatory repudiation occurs.
C) The non-breaching party has the right to sue the repudiating party ninety (90) days
after the anticipatory repudiation occurs.
D) The non-breaching party has the right to sue the repudiating party when the
anticipatory breach occurs.
E) The non-breaching party has the right to sue the repudiating party when, but not
before, performance is due.
The land over which an easement is granted is called the ________ estate.
A) subliminal
B) subsequent
C) subservient
D) servient
E) servant
Emancipation occurs when a minor:
A) is forced out of the house by the parents.
B) is intelligent enough to understand contractual matters as well as a reasonable adult.
C) consults with an attorney before entering into a contract.
D) operates a business enterprise.
E) voluntarily leaves home and lives apart from his or her parents.
An outdoor clothing store ordered 1,000 pairs of hiking shorts in various sizes and two
colors with delivery due on March 15. The color mix was 45 percent khaki and 55
percent olive green. On March 5 the supplier delivered the proper size mix, but
delivered 50 percent khaki and 50 percent olive green. The sales of the shorts are not
expected to be affected by the color. Which of the following is true in this situation?
A) The buyer cannot reject any of the shipment, because there is substantial
performance.
B) The buyer can reject only the portion of the shipment that was incorrect, and the
seller has lost its right to cure by delivering nonconforming goods.
C) The buyer can reject the whole shipment, but only if the buyer covers before March
15.
D) The buyer can reject the entire shipment, or any part of the shipment, but the seller
has the right to cure up until March 15.
E) The buyer cannot reject any of the shipment, because the ability to resell the shorts is
unaffected by the color.
Which of the following is true?
A) In order to dredge or fill a wetland, a permit is needed from the Environmental
Protection Agency.
B) The federal government has primary enforcement responsibility for the Safe
Drinking Water Act.
C) A permit is needed for dumping toxic wastes in the ocean, but not for dumping
wastes that are non-toxic.
D) The Marine Protection, Research and Sanctuaries Act established marine sanctuaries
in the Great Lakes.
E) The Marine Protection, Research, and Sanctuaries Act was enacted in
Which of the following is true about the Uniform Computer Information Transactions
Act?
A) It became law in all 50 states in 1999.
B) The Act is the exclusive source of law for the transactions to which it applies.
C) The Act establishes a uniform set of rules that governs the creation, performance and
enforcement of computer information transactions.
D) State trade secret law could not apply to a contract covered by the Act.
E) The Act establishes a uniform set of rules that governs sales of any goods over the
Internet.
When is it legal for an employer to engage in an employer lockout?
A) at any time, so long as the purpose of the lockout is not malicious
B) any time there is at least thirty days advance notice
C) whenever one or more employees have violated the terms of a valid union
employment contract
D) when the employer reasonably anticipates a strike by some of its employees
E) only after a strike has begun
Which of the following is true about money laundering?
A) The primary difficulty with money laundering activities is that money laundering is
not itself illegal.
B) Although illegal, the penalties for money laundering are too small to be an effective
deterrent.
C) Money laundering is a federal crime and can carry fines up to $500,000 or more,
depending on the amount of money laundered.
D) One difficulty with prosecuting for money laundering is that lenient laws in some
states allow those states to function as money laundering havens.
E) Money laundering is a crime primarily because it results in degradation of U.S.
currency.
Which of the following is true regarding the sale of unregistered securities?
A) Investors may recover damages, but may not rescind their purchases.
B) The Securities Act of 1933 is not violated, so long as the sellers allow purchasers to
have their money back.
C) Civil penalties may be imposed, but criminal penalties may not be imposed.
D) Only criminal penalties may be imposed.
E) Investors may rescind their purchases and recover damages, and criminal penalties
may be imposed on any person who willfully violates the Securities Act of 1933.
Which of the following is not a recognized school of jurisprudential thought?
A) the Existential School
B) the Natural Law School
C) the Historical School
D) the Analytical School
E) the Sociological School
The World Bank provides money:
A) to developing nations, in order to encourage military operations.
B) to developed nations, in order to encourage research into banking and economics.
C) to developed nations, in order to cover travel expenses to meetings of the United
Nations.
D) to developing nations only, in the form of loans, and never through outright grants.
E) to developing nations, in order to fund projects for humanitarian purposes, and to
relieve poverty.
What is the general goal of awarding compensatory damages in a breach of contract
situation?
A) return the parties to the situation that they were in prior to the contract
B) punish the breaching party for the wrongdoing
C) modify the contract terms to be more equitable to the parties
D) place the non-breaching party in the same position as if the contract had been fully
performed
E) require the breaching party to actually do what was called for in the contract
The distinction between lost property and mislaid property depends upon whether:
A) the true owner later finds it.
B) the true owner intentionally placed the property in the place where it was found.
C) the property belonged to a minor or an adult.
D) the property was found on public or private property.
E) the property was stolen.
Which of the following is not required for an offer (and resulting contract) to be
considered definite?
A) identification of the parties
B) identification of the subject matter and quantity
C) identification of one or more applicable express and/or implied warranties
D) the consideration to be paid
E) the time of performance
Preferred stock, bonds, and debentures are examples of ________.
A) common securities
B) preferred securities
C) statutorily-defined securities
D) investment contracts
E) warrants
If lost personal property is found in the parking lot of a shopping mall, who among the
following has superior rights to that property?
A) the finder
B) the owner of the shopping mall
C) the police department
D) the state government
E) the federal government
The uniform law, issued in 1984 by the Committee on Corporate Laws of the American
Bar Association, that regulates the formation, operation and termination of corporations
is the:
A) Model Business Corporation Act.
B) Uniform Commercial Code.
C) Revised Model Business Corporation Act.
D) Standard Incorporation Act.
E) Revised Standard Incorporation Act.
Under the Uniform Computer Information Transactions Act, what is the effect of
putting additional terms into an acceptance delivered through an electronic agent?
A) The acceptance is treated as a counteroffer.
B) The additional terms are ignored and a contract is formed based on the original
terms.
C) The additional terms become part of the agreement unless objected to within 10
days.
D) The acceptance is treated is if it never occurred, leaving the original offer open.
E) The acceptance is treated as a rejection.
Under workers' compensation, when an employee is injured on the job:
A) the employee can sue the employer in a regular civil lawsuit if the employer
intentionally injured the employee.
B) the employee has the choice of whether to file a normal civil lawsuit, or instead
recover workers' compensation benefits.
C) the employee can file a normal civil lawsuit and recover workers' compensation
benefits.
D) whether the injury occurred in the course of employment is not relevant.
E) the employee must prove that the accident was caused by the employer's negligence.
An offeree's acceptance must be:
A) equivocal.
B) unequivocal.
C) formal.
D) conditional.
E) in writing.
Upon the death of a partner:
A) the deceased partner's right in specific partnership property vests in the remaining
partner or partners.
B) the deceased partner's right in specific partnership property vests in his or her heirs
or next of kin.
C) the deceased partner's right in specific partnership property is held in trust for the
deceased's heirs or next of kin until the last remaining partner dies.
D) the deceased partner's right in the partnership passes to his or her heirs or next of kin
upon his or her death.
E) the deceased partner's right in the partnership is held in trust for the deceased's heirs
or next of kin until the last remaining partner dies.
A private corporation is one that:
A) has a small number of owners who are often members of the same family.
B) does not prepare financial statements.
C) is owned by private entities.
D) does not make public disclosure of information.
E) has only one shareholder.
Which of the following is a consideration with regard to division of property in a
community property state?
A) the length of the marriage
B) the occupation of each spouse
C) property owned by the parties when the marriage began
D) the standard of living during the marriage
E) All of the above are proper considerations in community property states.
Which of the following is not a "point source" of water pollution?
A) a mine with sewage runoff
B) a boat dumping waste overboard in navigable waters
C) a paper mill emitting dye into a local river
D) All of the above are point sources of water pollution.
E) None of the above are point sources of water pollution.
Which of the following is true about United States law today?
A) The law of all states is based on English common law.
B) Most United States courts permit the aggrieved party to seek both law and equitable
orders and remedies.
C) The law and equity courts remain separate in most states today.
D) The laws of the 50 states are essentially similar.
E) The U.S. Congress mandates that all 50 states follow the same law.
When pension rights are forfeitable for a set period of time, and then totally vested after
that time has expired, this is called ________ vesting.
A) entirety
B) cliff
C) time
D) point-in-time
E) sum
Because of the prohibition against double jeopardy:
A) the government may not retry a defendant when the case ends with a hung jury.
B) all criminal defendants are entitled to an attorney.
C) persons are allowed one phone call when arrested.
D) a jury's verdict in a criminal case is final and cannot be appealed.
E) the government may not retry a defendant when the case ends with a verdict of not
guilty.
