LAW 656

subject Type Homework Help
subject Pages 9
subject Words 1779
subject Authors Henry R. Cheeseman

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If a light-skinned member of a race refuses to hire a dark-skinned member of the same
race, it constitutes racial discrimination.
In deciding the motion for judgment on the pleadings, the judge also considers facts
outside the pleadings.
An acceleration clause permits the maker to pay the amount due prior to the due date of
an instrument.
In the event of a material breach, the nonbreaching party is discharged from further
performance under the contract.
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Defective formation of a limited partnership occurs when a certificate of limited
partnership is not properly filed.
In a sole proprietorship, the business is considered a separate legal entity from the
owner.
Checks and balances built into the Constitution ensure that amendments to the
Constitution are not contradictory to existing laws.
The Howey test is used to determine if an arrangement is an investment contract.
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Which of the following is otherwise known as indoor air pollution?
A) anosmia
B) somatization disorder
C) culture bound syndrome
D) sick building syndrome
Which of the following actions by the holder causes an impairment of the right of
recourse?
A) releasing an obligor party from liability
B) withholding collateral that would benefit that party
C) writing "canceled" on the face of the instrument
D) destruction of the instrument with the intent of eliminating the obligation
What are jury instructions?
A) instructions from the jury to the plaintiff's attorney about settling a case before trial
B) instructions from jury informing the judge on what grounds the case can be
dismissed
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C) instructions to the jury from both parties over the duration within which the case has
to be settled
D) instructions to inform the jury about what law to apply when they decide the case
A(n) ________ refers to a contracting party who directs that the benefit be conferred on
another person.
A) assignee
B) promisor
C) promisee
D) donee beneficiary
Which of the following is true of a gift causa mortis?
A) It cannot be revoked before the death of the donor.
B) It does not require the actual death of the donor.
C) It represents an irrevocable present transfer of ownership.
D) It takes precedence over a prior conflicting will.
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Restraints of trade that are unlawful under Section 1 of the Sherman Act if their
anticompetitive effects outweigh their procompetitive effects are known as ________.
A) nonprice vertical restraints
B) group boycotts
C) division of markets
D) resale price maintenance measures
Which of the following is a federal statute that extends limited environmental
protection to the oceans?
A) the Safe Drinking Water Act
B) the Marine Protection, Research, and Sanctuaries Act
C) the Federal Water Pollution Control Act
D) the Comprehensive Environmental Response, Compensation, and Liability Act
A system in which a shareholder can accumulate all of his or her votes and vote them
all for one candidate or split them among several candidates is known as ________.
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A) trust voting
B) noncumulative voting
C) cumulative voting
D) supramajority voting
From the following options, identify the commonly used shipping term that calls for the
seller to arrange to ship the goods and put the goods in the carrier's possession.
A) no-arrival, no-sale contract
B) F.O.B. (free on board)
C) ex-ship
D) C.I.F. (cost, insurance, and freight)
An insurance contract is called a ________.
A) policy
B) premium
C) lien
D) writ
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Which of the following is true of a contract with the no-arrival, no-sale term?
A) The buyer bears shipping costs and the risk of loss during transport.
B) The seller does not have to deliver replacement goods to the buyer in case of
damages.
C) The seller does not have to bear the expense and risk of loss of the goods during
transportation.
D) The buyer has to arrange for the shipment to be handed over to a carrier.
From the above question, Ron's response to sell the computer to Carl is considered as
a(n) ________.
A) mirror image rule acceptance
B) rejection
C) counteroffer
D) equivocal response
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What is jury deliberation?
A) jurors re-questioning a particular witness from one of the parties
B) jurors considering the evidence and attempting to reach a decision
C) jury and the judge disagreeing on the outcome of the case
D) jurors being replaced in case of illness or disqualification
Damages that will be paid on a breach of contract that are established in advance are
known as ________.
A) contemptuous damages
B) aggravated damages
C) installment damages
D) liquidated damages
________ is a tort related to defective products in which the defendant has breached a
duty of due care and caused harm to the plaintiff.
A) Misrepresentation
B) Negligence
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C) Nuisance
D) Fraud
Explain the transfer of nonnegotiable contracts by assignment.
List the securities exempt from registration with the SEC.
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What is the doctrine of unconscionability under the UCC?
Explain the title to goods when fungible goods are commingled.
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Discuss the need and significance of the long-arm statute.
What is a provisional patent application?
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What is child support? How is it awarded?

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