1) andrea hired jack to be the sales agent for her paintings. however, in a months time,
she terminated the agency with jack. harold, a customer who had dealt with jack earlier,
was not aware of the termination. harold approached jack to buy a painting and wrote
him a check of $5,000, the advance payment for the painting which jack promised
would be delivered in two weeks. when jack did not contact harold later, harold
demanded that andrea honor the contract, since jack sold the picture as her agent. which
of the following is true of this situation?
a.since jack had apparent authority, andrea is liable to honor his contract with harold.
b.harolds duty was to contact andrea. his failure to do this removes her liability to honor
the contract.
c.jack had express authority as andreas agent, which is not terminated with the
termination of their agency.
d.as andrea terminated the agency with jack in violation of his rights, jack has the direct
authority to sell her paintings.
2) cases in administrative proceedings are heard by an:
a.adjudicating chairperson.
b.administrative law judge.
c.executive judge.
d.judicial commissioner.
3) which of the following causes a dissociation of a partnership?
a.withdrawal of a partner from a partnership at will
b.three partners disagreeing on a matter in the ordinary course of business
c.a partner being provided his partnership interest
d.addition of a partner to the partnership
4) which of the following is slander rather than libel?
a.a defamatory statue
b.an oral defamatory statement
c.a defamatory magazine article
d.a defamatory tv broadcast
5) jada owned an insurance policy in her life, on which she paid all the premiums.
shaun was named the beneficiary. jada died and the insurance company refused to pay
the insurance proceeds to shaun. an action by shaun against the insurance company for
the insurance proceeds will be:
a.successful because shaun is a third-party donee beneficiary.
b.successful because shaun is a proper assignee of jadas rights.
c.unsuccessful because shaun is not the owner of the policy.
d.unsuccessful because shaun did not pay any of the premiums.
6) wayne and mia are friends in idaho, where gambling is illegal and they are aware of
it. wayne and mia bet $1,000 on which day paradise creek will flood its banks. they
have no financial interest in paradise creek. wayne wins this bet. mia pays wayne the
$1,000, but later that day regrets it and sues wayne to get her $1,000 back. the court
would probably rule in favor of:
a.mia, since gambling was illegal.
b.mia, because a bet is considered to a form of an implied-in-fact contract.
c.wayne, because he won the bet fair and square, so the court will enforce the wager.
d.wayne, since the court will leave the parties where it finds them in cases like this.
7) in which of the following cases will a drawer and any persons who previously
indorsed the check be discharged of their liability on the check?
a.by certification of a check.
b.by drawing a cashiers check.
c.by drawing a tellers check.
d.by death or incompetence after signing a check.
8) which of the following is covered by the statute of frauds?
a.a real estate mortgage
b.a $300 contract for the sale of pencils
c.a contract that can be performed within a week
d.a $100 vcr repair
9) which of the following is true about cases regarding the intentional infliction of
emotional distress?
a.all courts require that the plaintiffs emotional distress have physical manifestations.
b.the plaintiff must be emotionally susceptible in order to recover.
c.the plaintiffs emotional distress must be severe.
d.the defendant should exhibit sufficiently unreasonable behavior for liability.
10) jack flipped a coin five times and each time it came up heads. his friend atmel saw
this and bet jack that the next flip would come up tails. atmel figured that it was
overdue for a tails and so tails was a more likely outcome in the next flip. atmel has
fallen prey to:
a.sunk cost fallacy.
b.reductio ad absurdum.
c.argumentum ad hominem.
d.gamblers fallacy.
11) which of the following is most likely to be classed as a nuisance (rather than as a
trespass to land)?
a.firing a machine gun through an adjoining landowners airspace.
b.allowing thick smoke from your manufacturing operations to continually drift over an
adjoining landowners land.
c.leaving smelly, unsanitary garbage on your ex-landlords land after the expiration of
your lease.
d.chasing another person onto an adjoining landowners land.
12) for federal diversity jurisdiction to exist:
a.the case must begin in a federal court of appeals.
b.the amount in controversy must exceed $75,000.
c.both the plaintiff and the defendant must be citizens of the same state.
d.the case must pertain to the constitution, laws, or treaties of the united states.
13) which of the following is true of the clean water act?
a.the act enforces criminal sanctions against offenders.
b.the act mandates civil sanctions against offenders.
c.the act is enforced by the federal and the state governments.
d.violation of the act results in fines, but not imprisonment.
14) joe agreed on april 1 to sell and deliver 1,000 bushels of wheat to a grain elevator
on june1 for $10 per bushel. he then refused to deliver on june 1 because the market
price was then $15 per bushel. how much can the grain elevator recover in damages
from joe?
a.nothing
b.$5,000
c.$1,000
d.$1,500
15) rex garner recently made an offer to harry barns for the sale of his shop using a
registered letter. the offer says that harry may accept by registered letter and this detail
is an example of a _____.
a.contract
b.notification
c.rejection
d.stipulation