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A _____ deed promises the grantee (usually, the buyer) that the grantor (seller) has
good ownership and the full power to convey it.
A. special warranty
B. pass title
C. quitclaim
D. freehold
E. warranty
The social contract theory concerns itself with how to construct a just society given:
A. the many inequalities of wealth, knowledge, and social status.
B. the XOAXOA of acting toward others as you would have them act toward you.
C. the many logical fallacies contained in legal contracts.
D. the implicit agreement that the powerful are best suited to govern.
E. the inherent nature of those in a society to argue and reject consensus.
Those who believe in judicial restraint believe that social, political, and economic
change in society should result from _____ rather than from court action.
A. dispute resolution
B. market intervention
C. the political process
D. quiet introspection
E. governmental cooperation
Which of the following states that that government may not act in a manner that is
arbitrary, capricious, or unreasonable?
A. Procedural clause
B. Contract clause
C. Exclusion clause
D. Limitation clause
E. Due process clause
Which of the following is true of the International Court of Justice?
A. Private parties and corporations have access to the court and can directly present
their claims.
B. Using legal devices, firms and individuals can compel the U.S. government to press
claims on their behalf before the Court.
C. Only countries that have submitted to the Court's jurisdiction may be parties.
D. The Court has enforcement authority and does not rely on diplomacy or economic
sanctions against countries.
E. It is compulsory for all countries to accept the Court's jurisdiction, whether or not the
use of the Court suits their interests.
Police officers arresting someone:
A. do not need a search warrant to look in the immediate area for a weapon.
B. must have a search warrant to look for weapons.
C. must have a search warrant to search the person being arrested.
D. must have a search warrant to arrest the person.
E. must have a search warrant to search vehicles, persons, or goods arriving in the
United States.
Willie gave his girlfriend Madonna a gold necklace for her birthday. The next day
Madonna broke up with Willie and started dating his best friend Waylon. Willie is
heartbroken and furious. He becomes so upset that he commits suicide. Can Willie's
estate get the necklace back from Madonna?
A. Willie's estate can recover the necklace because a donor is entitled to revoke or
withdraw a gift within a reasonable period of time.
B. Willie's estate can recover the necklace because Madonna paid no consideration for
the gift.
C. Willie's estate cannot recover the necklace because he intended to make the gift,
delivered it, and Madonna accepted.
D. Willie's estate can recover the necklace because it was wrongful of Madonna to cheat
on him.
E. Madonna may keep the necklace but must compensate Willie's estate for the fair
market value of the necklace.
Which of the following provides the details of how court litigation is conducted in
federal court litigation?
A. Article III of the Constitution
B. The First Amendment
C. The Sixth Amendment
D. Federal Rules of Civil Procedure
E. Federal Rules of Evidence
Which of the following statements is true of a seller?
A. It refers to anyone who contracts with a purchaser or who is a motivating influence
that causes the purchase transaction to occur.
B. It refers to the individual or business organization offering a security for sale to the
public.
C. It refers to anyone who participates in the original distribution of securities by selling
such securities for the issuer or by guaranteeing their sale.
D. It refers to a person with whom some article is left, usually pursuant to a contract
who is responsible for the safe return of the article to the owner when the contract is
fulfilled.
E. It refers to anyone who controls or is controlled by the issuer, such as a major
stockholder of a corporation.
The Norris-LaGuardia Act:
A. restricts the use of federal court injunctions in labor disputes.
B. limits the jurisdiction of state courts in issuing injunctions.
C. bars an injunction from being issued to enjoin illegal strikes.
D. permits injunctions against persons striking or quitting work.
E. permits paying unemployment benefits to participants in a labor dispute.
Under Title VII, sexual harassment:
A. requires a quid pro quo situation.
B. must be between an employee and a supervisor to be actionable.
C. can be the creation of a hostile work environment based on unwanted sexual
comments.
D. can occur only if the people involved are of opposite sexes.
E. can occur only if there is the question of economic loss.
A petition for a writ of certiorari is a request by the losing party in the court of appeals
for permission to file an appeal with the _____.
A. trial court
B. Court of Appeals
C. arbitration panel appointed by the court
D. U.S. Supreme Court
E. magistrate's court
The _____ approach to pollution control refers to a situation where the government
issues a limited number of pollution permits, and companies, which can reduce
emissions, can sell the unused amount of a permit.
A. bubble concept
B. point source
C. cap and trade
D. emissions reduction banking
E. marketable rights
How many total Courts of Appeal have been created by Congress in the U.S.?
A. 50
B. 51
C. 25
D. 5
E. 13
Jessica hires Bob Builders to construct a house for her. The contract specifies that grade
A+ carpeting is to be installed on the entire second floor. Bob accidentally installs grade
A shag carpeting instead. Few people except for carpeting experts can tell the
difference. Jessica, however, refuses to pay for the construction citing that Bob has
breached the contract. Which of the following is true of this situation?
A. This would likely be considered complete performance and Jessica will have to pay
the contractor.
B. Jessica can claim a breach of contract and refuse to pay for the construction of the
house.
C. This will be considered a substantial performance and Jessica would be entitled to
monetary damages.
D. Jessica has materially breached the contract by refusing to pay Bob's, and hence
cannot sue Bob's for the carpeting.
E. The court is likely to declare that Bob's has breached the contract, and will ask
Jessica to pay half the cost decided as per contract.
To make the criminal system more just and to help ensure that similar crimes receive
similar sentences, in the late 1980s a federal sentencing commission developed _____
for federal crimes.
A. a statute of frauds.
B. state law.
C. local statutes.
D. codes of analytic.
E. sentencing guidelines.
Once a court has determined that an offender has substantially and unreasonably
interfered with the use or enjoyment of another's property, the court may issue an
injunction forcing the offender to do something to ease the nuisance-creating activity.
Which of the following will be conducted by the court in determining whether to issue
an injunction?
A. An investigation into the relevant political connections of the parties before it
B. A balancing of interests looking at the relative economic hardship of the parties and
any public interest in the offender's activity
C. A balancing of interests looking at the offender's charitable donations and the
offender's income tax revenue
D. An investigation into what local scientists think the property in question is best
suited for
E. A determination of how much money can be saved by ignoring the nuisance
The values-based management approach to business ethics illustrates consequentialism
through its emphasis on:
A. teaching ethical values to management and supervisory personnel that enhances the
profitability of the company.
B. teaching ethical values to all employees that enhance the profitability of the
company.
C. teaching ethical values to management and supervisory personnel with the aim of
avoiding ethical issues whether profitability is affected or not.
D. teaching ethical values to all employees with the aim of avoiding ethical issues
whether profitability is affected or not.
E. teaching ethical values to employees in order to punish them for unethical conduct.
In many cases, the only legal or political means a firm has to invest directly in a foreign
country is to engage in _____, with an entity from the host country.
A. a foreign subsidiary arrangement
B. a franchise agreement
C. a license contract
D. a merger
E. a joint venture
_____ occurs when an employee appropriates funds of his employer to his or her own
use.
A. Burglary
B. Robbery
C. Larceny
D. Conspiracy
E. Embezzlement
You and your roommate are driving through a nice neighborhood when you see some
furniture piled on the curb to be picked up by the trash collectors the next morning. As
you pick up a chair, the homeowner opens a window and yells, "Get away from my
stuff."
A. You may claim the chair as lost property.
B. You may claim the chair as mislaid property.
C. You may claim the chair as abandoned property.
D. The homeowner retains ownership until it is picked up the next morning, so you
must leave it.
E. The homeowner retains ownership of the property until you buy it from him.
Which of the following agencies has been granted the authority to conduct
quasi-judicial hearings to investigate and enforce sanctions in case of unfair labor
practices?
A. Federal Labor Relations Authority
B. National Mediation Board
C. National Credit Union Administration
D. National Labor Relations Board
E. Federal Mediation and Conciliation Service
The act of referring a matter to arbitration is called:
A. a submission.
B. a summons.
C. appealing.
D. denovo review.
E. collective bargaining.
Hans is notified that her mortgage with Omer Bank has been transferred to Grate Loan
Co. However, Hans made his mortgage payments in full one day before receiving the
notice. Omer Bank, however, argues that at the time of the assignment, Hans had not
made the mortgage payment, and hence has to make payments to Grate Loan Co.
Which of the following is true of this situation?
A. Hans is not liable to Grate Loan Co. since he has already paid to Omer Bank.
B. Hans is liable to Grate Loan Co. since his mortgage has been transferred.
C. Hans is not liable to Grate Loan Co. due to the rule of mirror image.
D. Hans is liable to Grate Loan Co. since they sent him the notification of the
assignment.
E. Hans is liable to Grate Loan Co. since he was an obligor to Omer Bank at the time of
the assignment.
If bias is admitted, a juror is struck from the jury with a:
A. peremptory challenge.
B. challenge for cause.
C. motion for a directed verdict.
D. motion to compel.
E. res judicata.
Alan's Saddles makes high level seats for racing bicycles and sells to many of the top
bicycle manufacturers. There are eight available sources of the type of rubber that
Alan's uses; however, Alan's has always dealt with a company in the Republic of
Anaerobia exclusively due to their reasonable cost. Porter's company has a contract
with Alan's for 10,000 seats. Porter has just received a letter from Alan's explaining that
due to turmoil in Anaerobia, their supplier cannot export their product so Alan's cannot
complete the contract. Which of the following is true of this situation?
A. Alan's can get out of the contract based on impossibility of performance.
B. Alan's can get out of the contract based on commercial impracticality since they can't
be forced to buy from suppliers they have not dealt with before.
C. Porter can sue for breach since the raw materials are reasonably available from
another source, and Alan's cannot be discharged due to impracticality.
D. Porter can sue for specific performance if the seats are typical of all bicycle seats and
not special or unique in any way.
E. Porter can rightfully file a lawsuit, and Alan's will be liable to pay Porter damages
for nonperformance.
Statner is going through Ray's personal files and finds out that his colleague Ray is
being treated to cure depression by a therapist. While Ray has kept this as a secret due
to personal reasons, Statner has informed everyone in office about Ray's condition. As a
result, Ray faces sympathetic and discriminatory attitudes at work. He decides to sue
Statner. Which of the following is true in this case?
A. Statner has not committed a tort for which Ray can sue.
B. Statner has interfered intentionally with Ray's contractual obligations to the
company.
C. Statner can be sued for invasion of privacy.
D. Statner can be sued for assault and battery.
E. Statner has defamed Ray, for which he will be held liable, and will have to pay
damages.
Hillward Bakers have been using since their inception ten years ago, a blue HB logo
with a baker's hat on the HB. Hobert Bakers, a newly opened bakery and confectionary
chain, has used the same logo. Hillward has not registered its logo, but chooses to sue
Hobert. Which of the following is true of this case?
A. Hillward cannot sue Hobert since the log has not been registered as a trademark.
B. Hillward can sue Hobert since the logo has been used by Hillward and is associated
with it.
C. Hobert can defend that Hillward created something that lacks utility, and cannot be
trademarked.
D. Hobert can defend that Hillward created something that was very obvious.
E. Hillward cannot sue Hobert because logos cannot be patented or trademarked.
Ratio decidendi refers to:
A. the underlying principle of the case.
B. staredecisis.
C. narrow-tailoring.
D. justifying the amount of a verdict in relation to the injury.
E. judicial activism.
The Children's Online Privacy Protection Act (COPPA):
A. prohibits individuals from browsing Web sites related to children.
B. permits companies to collect information on children under the age of 10 without the
consent of the parents in case of children's products.
C. prohibits market research agencies from soliciting children under the age of 10
without the consent of the federal government.
D. prohibits online advertisers from creating advertisements considered injurious to
children.
E. prohibits the online collection of information on children under the age of 13 without
a parent's consent.
Ben and Jerry enter into a business agreement to assemble and sell prepackaged salads.
In their written agreement, they both agree that they will be required to settle all
disputes through arbitration. Which of the following is true of this situation?
A. This is an example of a mandatory arbitration clause.
B. This is an example of a voluntary arbitration clause.
C. This is an example of a caucus.
D. This is an example of court-annexed mediation.
E. This is an example of a postdispute arbitration agreement.
Which of the following is true of the Digital Millenium Copyright Act?
A. It protects a mark used by someone other than the owner to certify the quality, point
of origin, or other characteristics of goods or services.
B. It provides a remedy of statutory damages and transfer of a famous trademark
domain name to its owner if it was registered in "bad faith."
C. It prevents circumvention of access protections for such products.
D. It prohibits you from using a mark the same as or similar to another's "famous"
trademark so as to dilute its significance, reputation, and goodwill.
E. It specifies that a fair use of copyrighted materials is not an infringement of the
owner's property.
