1) the probate process involves collecting the decedents property, paying off debts, and
distributing the remaining property to those who will inherit it under his will.
2) a disclaimer of the implied warranty of merchantability must be in writing to be
enforceable.
3) the maker of a promissory note is the person who is secondarily liable on the note.
4) all contract rights are assignable.
5) brennan sues melissa for breach of contract. in her reply, melissa claims, among
other things, that she should not be liable as she only entered the contract because
brennan defrauded her. this assertion is called an affirmative defense.
6) the standards and principles of agency laws respondeat superior are applied in
determining the liability of the partnership and of the other partners for the torts of a
partner and other partnership employees.
7) the critical legal studies movement regards law as the product of political calculation
and class biases of lawmakers.
8) the clean water act incorporates both civil and criminal sanctions.
9) when carol whittaker makes an offer to a contractor jacob phelps directing him to
inform her of his acceptance through registered letter mail, she is making an ambiguous
offer.
10) if the goods required for the performance of a contract are destroyed without fault
of either party prior to the time that the risk of loss passed to the buyer, the contract is
voided.
11) which of the following terminates the insurers duty to perform under the policy?
a.the insureds breach of warranty
b.an increase in the value of the insured property
c.a decrease in the value of the insured property
d.a case of innocent misrepresentation by the insured
12) under the doctrine of federal jurisdiction, a corporation is:
a.a citizen of only the place where it has been incorporated.
b.a citizen of only the state where it has its principal place of business.
c.a citizen of both its place of incorporation and the state where it has its principal place
of business.
d.a citizen of that state which has enacted a long-arm statute and thus has jurisdiction.
13) in which of the following situations can a buyer revoke acceptance of
nonconforming goods?
a.the buyer accepted them with the knowledge of the nonconformity, because they were
the only option available in the market.
b.the buyer accepted the nonconforming goods because the seller couldnt cure the
defect.
c.the price of the goods fell in the general market.
d.the nonconformity substantially impaired the value of the goods.
14) a bankruptcy petition under chapter 7:
a.can only be filed by the debtor.
b.can only be filed by the debtors creditors.
c.can only be filed by the trustee.
d.can be filed either by the debtor or his creditors.
15) any corporation that has complied with all mandatory provisions is called a:
a.de facto corporation.
b.partnership.
c.de jure corporation.
d.defective incorporation.
16) _____ occurs when a principal manifests assent that his legal relations be affected,
such as stating orally that he wishes to be bound by a contract that has already been
made.
a.express ratification
b.unauthorized ratification
c.implied ratification
d.valid ratification
17) which of the following is true of revocation and renunciation?
a.revocation is conducted by the agent and renunciation by the principal.
b.both result in the termination of agency.
c.a party cannot revoke or renounce if doing so violates the agency agreement.
d.no, because there is no contract in writing.
18) e.z. pickens owes a past-due consumer debt of $1,335 to the needless markup
department store. needless markup retained relentless collection agency, inc. (rca) to
collect the debt. rca employees were unable to locate pickens so they asked his friends
and his brother (slim) about his whereabouts. when pickens still had not been found, an
rca employee contacted pickenss employer and asked how to locate him. eventually, as
a result of these inquiries, an rca employee made contact with pickens. pickens
contends that rca violated the fair debt collection practices act. is he correct?
a.yes, because the fdcpa prohibits debt collectors from trying to locate a debtor without
the debtors prior written permission to do so.
b.yes, because the fdcpa prohibits debt collectors from contacting the debtors employer.
c.no, because the fdcpa applies only when a creditor is collecting a debt; it does not
apply to agencies that collect debts on behalf of creditors.
d.no, because the fdcpa allows debt collectors to contact the debtors friends, relatives,
or employer if such contacts are necessary to locate a debtor.
19) featherbedding was declared an unfair labor practice by the _____.
a.landrum-griffin act
b.wagner act
c.norris-laguardia act
d.taft-hartley act
20) which of the following is true regarding the statute of frauds writing requirement?
a.the writing must be contained in one document.
b.the writing must be signed by both parties.
c.the writing must be signed by the buyer.
d.the writing must indicate the parties identities.
21) a(n) _____ occurs when the landlord or the tenant transfers all of her remaining
rights under the lease to another person.
a.tenancy
b.lease
c.sublease
d.assignment
22) which of the following is correct about the history of corporations?
a.in the late 18th century, general incorporation statutes emerged in the united states.
b.from the 18th century onward, france started giving privileges of incorporation to
mercantile ventures.
c.early american corporations received special privileges from state legislatures.
d.in england, the corporate form was used extensively after the 16th century.
23) which of the following is true about an s corporation?
a.it is taxed at both the corporate and shareholder levels.
b.it may only have 500 or less shareholders.
c.an s corporation election requires the consent of a majority of its shareholders.
d.shareholders of an s corporation may be only individuals or trusts.
24) maxs credit card was stolen last week. by the time max reported this theft and got
his card canceled, the thief had already withdrawn $10,000 using his card. under the
tila, what is maxs maximum liability for this unauthorized use of his card?
a.$100
b.$50
c.$500
d.$10,000
25) the total household appliance store sells a refrigerator to alvin, on the condition of
making payments in installments. in this case, the store:
a.has to file its purchase money security interest.
b.need not file its purchase money security interest.
c.has to take possession of the refrigerator.
d.need not attach the refrigerator.
26) the judicial branch of the sec:
a.promulgates rules and regulations.
b.decides whether a person has violated the securities laws.
c.makes new laws regulating securities.
d.brings enforcement actions against alleged violators.
27) bart agreed to deliver fruits worth $1,000 to a retail store. bart and the store owner
agree that if delivery is not made on time, bart will pay the store some amount as
liquidated damages, for the lost sales. which of the following amounts would most
likely be considered penal if they settle for it?
a.$200
b.$25,000
c.$10
d.$650
28) in an assault case, it is irrelevant:
a.whether the threatened contact actually occurs.
b.whether there is any intent or not.
c.whether there is an apprehension of harmful contact.
d.whether there is any reasonable apprehension of imminent battery.