To establish trespass to land, a plaintiff:
a. must show an invasion that interferes with the plaintiff’s right of exclusive possession
of property that is at least an indirect result of the defendant’s actions.
b. need not show the plaintiff’s right to exclusive possession, but must show that the
defendant’s actions were unreasonable.
c. must show an invasion that interferes with the plaintiff’s right of exclusive possession
of property and that it is a direct result of the defendant’s actions.
d. must prove the defendant’s conduct was unreasonable.
Which of the following activities is identified as an unfair employer practice under the
NLRA?
a. To interfere with employees’ rights to unionize and bargain collectively.
b. To refuse to bargain in good faith with duly established employee representatives.
c. To discriminate against union members.
d. All of the above.
Chuck, Betty, and Bert form CB&B Partnership to run a specialty grocery store. Bert is
the day-to-day manager of the store, Betty buys the groceries, and Chuck does all the
administrative work. Betty decides she would like a new car to go around and visit
prospective wholesalers. She makes a contract with Big Ben Motors in the name of
CB&B without consulting Chuck and Bert. CB&B and the individual partners are:
a. bound by Betty’s actual implied authority to buy a car.
b. bound by Betty’s apparent authority to buy a car.
c. bound by estoppel.
d. not bound because buying a car is outside the scope of the partnership business.
Harold purchased 400 pairs of gloves from Isaac at a contract price of $800. Fifty of the
gloves were defective and a dispute arose as to the amount due and owing under the
contract. Harold refuses to pay the $800 and Isaac is threatening to sue. Which of the
following is correct with regard to this transaction?
a. If Isaac agrees to accept $600 to settle the dispute and Harold agrees to pay that
amount, the agreement is enforceable.
b. If Isaac agrees to accept $600 to settle the dispute and Harold pays that amount, Isaac
can still sue for the balance of $200 and will win the lawsuit.
c. Harold is under a pre-existing legal obligation to pay the $800.
d. Both (b) and (c).
a. Distinguish between a rejection of goods and a revocation of acceptance of goods.
b. What is the effect of a rejection? What is the effect of a revocation?
c. Does the buyer have any obligations to the seller once she has rejected the goods?
A defense that can only be asserted by the principal debtor is called a:
a. real defense.
b. subrogated defense.
c. personal defense.
d. joint defense.
Which of the following are remedies for violation of the Americans with Disabilities
Act (ADA)?
a. Injunctive relief.
b. Reinstatement.
c. Compensatory and punitive damages.
d. All of the above.
The Environmental Protection Agency (EPA) would like to adopt some new rules
regarding environmental impact statements, but it is afraid that if too many people
know about them ahead of time, the adverse publicity will force the agency to amend
them. To avoid any public comment, the agency seeks to adopt the rules without
publishing them. Which of the following statements is true regarding the agency’s
actions?
a. The agency has a right to act in this way and a duty to be efficient with taxpayer
money.
b. The rules in this instance are procedural in nature and therefore are not required to be
published.
c. The agency is seeking to adopt the rules by a procedure that violates the rulemaking
procedures set forth in the APA.
d. The agency has no rulemaking authority, because only Congress can make legislative
rules.
Which of the following is correct with regard to risk of loss, where the goods are in the
possession of a bailee and are covered by a negotiable document of title?
a. Risk of loss passes when the buyer receives the document.
b. Risk of loss passes when the document is tendered to the buyer.
c. Risk of loss passes when notification of the arrival of the goods is given to the buyer.
d. If the buyer is a merchant, risk of loss passes to the buyer when the goods are
delivered.
Personal property so firmly attached to real property that an interest in it arises under
real property law is known as a(n):
a. fixture.
b. tangible property.
c. intangible property.
d. None of the above.
An anomalous indorsement is:
a. one that specifically identifies the person to whose order the instrument is payable.
b. an indorsement made by a person who is not the holder of the instrument.
c. one that makes the signer liable on the instrument as an indorser.
d. Both (b) and (c).
Which of the following is NOT true concerning the requirements for an effective
assignment?
a. The assignment must be voluntary.
b. Consideration is required.
c. There must be an intention to make the assignee the owner of the right.
d. The assignment may be either written or oral.
Active recruitment of minority applicants to meet hiring goals is termed:
a. reverse discrimination.
b. affirmative action.
c. comparable worth.
d. BFOQ.
Which of the following would be considered a valid and legally enforceable agreement?
a. An agreement to pay a legislator to vote for a particular bill.
b. An agreement under which Arthur agrees to pay Barbara $3,000 to disparage the
product of Arthur’s competitor.
c. An agreement by the seller of a service station not to enter the service station
business in Ohio for a period of thirty years after the sale of his business.
d. An agreement by a fund-raising director not to operate a fund-raising business in
Marin County for a period of one year after terminating his employment.
Warranty liability applies to persons who:
a. transfer an instrument.
b. obtain payment or acceptance of an instrument.
c. have signed the instrument, but not on those who have not signed.
d. Both (a) and (b).
Which of the following is correct regarding the English courts of equity?
a. They were presided over by a chancellor.
b. They could only award money damages.
c. They could issue a decree ordering a defendant to do or to refrain from doing a
specific act.
d. Both (a) and (c).
Enabling statutes may not impose more stringent requirements for promulgating rules
than those found in the APA.
Professor Doright has a life insurance policy on his own life that provides that in the
event of his death, his mother will receive the proceeds. Professor Doright’s mother is
a(n):
a. incidental beneficiary.
b. creditor beneficiary.
c. donee beneficiary.
d. assignee.
The degrees of mental fault in criminal law include which of the following?
a. Subjective fault, which includes a purposeful, knowing, or reckless mental state.
b. Objective fault, which would be a negligent or careless mental state.
c. Liability without fault, where no requisite mental state or even knowledge of the act
is required in some instances.
d. All of the above.
If Carson, who is an agent for Peter, breaches his fiduciary duty to Peter, Carson:
a. is liable to Peter for breach of contract.
b. is liable to Peter in tort for any losses caused by the breach.
c. must make restitution for any profits or property received in breach of this duty.
d. All of these are correct.
A tangible or electronic record that evidences both a monetary obligation and a security
interest in or a lease of specific goods is known as:
a. a negotiable instrument.
b. a document of title.
c. a promissory note.
d. chattel paper.
Match each statement with the correct term below.
a. An association of two or more persons to carry on as co-owners a business for profit.
b. Unincorporated business association composed of persons who combine their
resources to carry out a particular business enterprise, usually of short duration, for
profit.
c. An unincorporated organization of two or more persons doing business in a state
other than the one in which it was formed.
d. Total money and property contributed by the partners for use by the partnership;
represents the partners’ equity in the partnership.
e. Duty of utmost loyalty, fairness, and good faith owed by partners to each other and to
the partnership.
f. Duty owed by partners to manage the partnership affairs without gross negligence,
reckless conduct, intentional misconduct, or knowing violation of the law.
g. Imposes partnership duties and liabilities on a non-partner who has either represented
himself or consented to be represented as a partner.
h. Any partner’s ceasing to be associated with the carrying on of the business.
i. Judicial lien that may be obtained against a partner’s transferable interest in a
partnership.
j. Completing unfinished business, collecting debts, and distributing assets to
contributors and partners; also called liquidation.
k. A situation in which the RUPA requires a partnership to wind up and terminate; under
the UPA, a change in the relation of partners caused by any partner’s ceasing to be
associated in the carrying on of the business.
l. A general partnership that, by making a statutorily required filing, limits liability of its
partners.
m. A partnership formed by two or more persons under the laws of a state and having
one or more general partners and one or more limited partners.
n. An unincorporated business organization, created under state statute, that provides
limited liability to all of its owners and permits all of its members to participate in
management.
o. Right of one person to choose her business partners.
41) dissociation
42) partnership by estoppel
43) delectus personae
44) limited partnership
45) winding up
46) charging order
47) dissolution
48) duty of care
49) partnership
50) foreign partnership
51) limited liability company
52) limited liability partnership
53) partnership capital
54) fiduciary duty
55) joint venture
An express warranty within the meaning of the Code is created by which of the
following?
a. A sample.
b. A description.
c. A promise.
d. All of the above.
A contract between a seller and buyer may not:
a. limit consequential damages for personal injuries resulting from breach of warranty
in the sale of consumer goods.
b. limit consequential damages for personal injuries resulting from breach of warranty
in the sale of commercial goods.
c. expressly provide for remedies in addition to or instead of those provided in the
Code.
d. All of the above.
Which of the following may influence a promoter to choose to incorporate in a
particular state?
a. Corporate laws.
b. Its tax on corporate earnings.
c. The state court system.
d. All of the above.
Emancipated minors have no ability to avoid contracts based upon their minority.
Physical compulsion and improper threats are the two basic types of duress.
The EEOC allows discrimination in employment because of differences in bona fide
occupational qualifications.
The fiduciary duty of an agent has no bearing upon his ability to act on behalf of a
competitor of his principal.
Albert offers his nephew, Tom, his 1976 car which would only need about $1,000 in
repairs to put it in running order. Tom has no right to reject the car.