ISPs are not liable for the content transmitted over their networks by e-mail users and
websites.
A party in a contract that uses its bargaining power unfairly can render the contract
unconscionable.
Title VII of the Civil Rights Act of 1964 applies to employers with any number of
employees.
Under the Statute of Frauds, any contract that transfers an ownership interest in real
property must be in writing to be enforceable.
A lease is an interest in real property given to a lender as security for the repayment of a
loan.
One of the advantages of utilitarianism is that it is easy to apply in most real-life
situations.
A decision of a limited-jurisdiction trial court can be appealed at a general-jurisdiction
court or an appellate court.
The motion for judgment on the pleadings alleges that if the defendant does not file an
answer to the plaintiff’s complaint, the defendant’s liability is established.
The Equal Employment Opportunity Commission (EEOC) will not issue a right to sue
letter to the complainant if it does not find a violation upon investigation of the charge.
A minor may not affirm one part of a contract and disaffirm another part.
Title to goods cannot be acquired by confusion.
If the drawer and the payee of a check have accounts at the same bank, the check is
called an “on them” item when it is presented for payment by the payee.
Res ipsa loquitur applies when the plaintiff had exclusive control of the instrumentality
or situation that caused his or her own injury.
Which of the following statements is true of a testator’s signature on a will?
A) The testator’s signature must be obtained in the presence of the sole beneficiary as
the principal witness.
B) The will need not be signed by the testator if it is already attested by witnesses.
C) The use of nicknames and honorary titles while signing a will render it
unenforceable and invalid.
D) The testator’s signature must appear at the end of the will to prevent chances of any
fraud.
Mark, who recently won a lottery, tells Sean that he will split his lottery winnings with
him if Sean can arrange Mark’s interview with his boss. Sean talks to his boss and the
meeting is arranged. But when Sean goes to collect half of Mark’s lottery winnings,
Mark refuses to pay. What is the act of consideration in this scenario?
A) Mark telling Sean he will split his lottery winnings with him
B) Sean arranging the interview
C) Mark going for the interview
D) Sean asking for half of the lottery winnings
The ________ requires food manufacturers and processors to disclose uniform
information about serving sizes and nutrients, and establishes standard definitions for
the various terms like “low fat,” “lean” or “organic” which are indiscriminately used by
food processors.
A) Consumer Product Safety Act
B) Nutrition Labeling and Education Act
C) Patient Protection and Affordable Care Act
D) Health Care Reform Act
Justin and Michael form a limited partnership and start a car dealership. Justin is the
general partner and Michael is the limited partner. Seven months after the
commencement of the business, Pedro makes an investment and wishes to become a
general partner. A week later, Michael’s mother wishes to join the partnership as a
limited partner. Which of the following is true in this scenario?
A) Pedro cannot become a general partner to the partnership after the business has
commenced.
B) Pedro cannot become a general partner to the partnership as a limited partnership
can only have one general partner.
C) Michael’s mother cannot become a limited partner to the partnership as a limited
partnership can only have one limited partner.
D) Both Pedro and Michael’s mother can choose to become either general or limited
partners to the partnership.
Which of the following is true of a unilateral mistake?
A) Only one mistake or ambiguity is present in the subject matter of the entire contract.
B) Out of several contracts drafted simultaneously between two parties, one has a
mistake in its subject matter that does not concern the other contracts.
C) Only one party is mistaken about a material fact regarding the subject matter of a
contract.
D) A single mistake about a material fact in the subject matter of a contract appears
several times in the contract.
________ is a law that prohibits any manipulative or deceptive practice in connection
with the purchase or sale of a security.
A) Section 11(a) of the Securities Act of 1933
B) Section 32(a) of the Securities Exchange Act of 1934
C) Section 10(b) of the Securities Exchange Act of 1934
D) Section 101 of the Uniform Securities Act
John Crichton had applied for a trademark logo at the U.S. Patent and Trademark Office
for his new startup company, stating that he would use the logo in commerce within the
next six months. But even after six months, he had not yet used the logo. Which of the
following recourses does trademark law allow John Crichton so that he can retain his
logo until he uses it in commerce?
A) Apply for a six-month extension for the logo.
B) Change the logo slightly, and reapply for the newly altered logo.
C) Pay a fine so that the trademark gets registered immediately.
D) Cancel the current application and apply for the same logo again.
The federal government’s Social Security program, which pays benefits to older
members of society but not to younger members of society, is lawful as examined by
a(n) ________ test.
A) rational basis
B) intermediate scrutiny
C) investigative challenge
D) due process
Which of the following terms refers to goods that are physically united with other
goods in such a manner that the identity of the original goods is not lost?
A) inventories
B) general intangibles
C) accessions
D) stocks
The ________ is a model act that provides comprehensive and uniform laws for the
formation, operation, and dissolution of LLCs (limited liability companies).
A) Williams Act
B) Securities Exchange Act
C) Uniform Limited Liability Company Act
D) Uniform Limited Partnership Act
Which of the following is true of a limited partnership?
A) Other limited partnerships cannot become limited partners in an existing limited
partnership.
B) A limited partner is personally liable for the debts of the partnership.
C) Corporations are allowed to become partners in a limited partnership.
D) A limited partnership can have only one general partner but multiple limited
partners.
Miranda Airways, a commercial air carrier, has a contract with Wurtherton Inc., an
airplane manufacturer, to purchase a new plane. Due to a sudden shortage of cash,
Miranda Airways goes to MetrosBank. MetrosBank issues a document to Wurtherton
that if Miranda does not pay for the transaction, MetrosBank would. Wurtherton
considers the offer and then sends an acceptance with additional terms. The additional
terms stipulate that Miranda Airways could have the new airplane for a period of 10
years and then return it to Wurtherton. Miranda Airways agrees to the acceptance, and
Wurtherton hands over the new airplane to them. What Uniform Commercial Code rule
was applied when Miranda Airways agreed to the additional terms acceptance provided
by Wurtherton?
A) firm offer rule
B) mirror image rule
C) battle of the forms rule
D) gap-filling rule