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Which of the following need NOT be included in the certificate filed by a limited
partnership?
a. The name of the limited partnership.
b. The name and address of the agent for service of process.
c. The names and addresses of each of the limited partners.
d. The name and business address of each general partner.
Match each statement with the correct term below.
a. Standard of review applicable to governmental action involving classifications based
on race.
b. Examination of potential jurors.
c. A nonjudicial proceeding in which a neutral third party selected by the disputants
renders a binding decision.
d. Involves a court's determination of whether a particular governmental action is
compatible with individual liberties.
e. The initial pleading in a case in which the plaintiff states her allegations.
f. A nonbinding process in which a third party acts as an intermediary between the
disputing parties without proposing solutions.
g. Authority of more than one court to hear the same case.
h. A judgment against a defendant who fails to respond to a complaint.
i. A final binding determination on the merits made by the judge after a trial has begun
but before the jury renders a verdict.
j. The pretrial exchange of information between the opposing parties in a lawsuit.
k. Standard of review applicable to classification based on gender or legitimacy.
l. Authority of a court to hear a case that is based on claims against a person in contrast
to claims against his property.
m. Authority of a court to hear a case based on claims against property.
n. Government's power to take private property for public use with payment of just
compensation.
o. A nonbinding process in which a third party acts as an intermediary between the
disputing parties and proposes solutions for them to consider.
p. A series of formal, written, responsive statements by each side to a lawsuit.
q. Division of governing power between the federal government and the states.
r. Final, binding determination on the merits made by a judge before trial.
s. The particular geographical place where a lawsuit should be brought.
t. Basis for discretionary review by the Supreme Court.
21) venue
22) eminent domain
23) in personam jurisdiction
24) in rem jurisdiction
25) mediation
26) arbitration
27) voir dire
28) complaint
29) conciliation
30) concurrent jurisdiction
31) writ of certiorari
32) directed verdict
33) intermediate test
34) discovery
35) pleadings
36) summary judgment
37) federalism
38) substantive due process
39) strict scrutiny
40) default judgment
Appellate judges can reverse a decision of the trial court:
a. where any error below is found.
b. only where there was a prejudicial error that substantially affected the appellant's
rights and duties.
c. only where the outcome of the case is clearly wrong.
d. where the losing party desires a new trial.
Participating stock will:
a. share in excess earnings after preferred payments along with common stock.
b. accumulate dividends that will be paid later.
c. participate in earnings only to the extent that all other classes do.
d. participate in earnings to the same extent as common stock.
Elmore purchases goods from Grady, and Elmore executes and delivers a negotiable
note to Grady for $1,200, payable to Grady's order in thirty days. Two weeks later,
Grady negotiates the note to McDaniel. Which of the following is true?
a. McDaniel is required to notify Elmore that he acquired the note.
b. If the goods are defective, Elmore's defense will necessarily be available against
McDaniel.
c. Whether Elmore's defense is available against McDaniel will depend on whether
McDaniel acquired the note in good faith and for value, had no knowledge of the
defense, and took the note without reason to question its authenticity.
d. McDaniel can acquire no greater rights than Grady had in the note.
Which of the following best expresses the policy behind the Truth-in-Lending Act?
a. To help borrowers by requiring lenders to charge a "reasonable" rate of interest as
determined by the Federal Reserve Board.
b. To help small business by requiring that lenders not use as collateral for secured
loans a business's most important assets.
c. To help debtors for loans for personal, family, household, or agricultural purpose to
be armed with the necessary information on a loan to better bargain for credit and to
choose the creditor with the best terms.
d. To help lenders by permitting them to investigate a person's credit history without
having to worry about state libel laws.
In the case of Thomas v. Lloyd, the court held:
a. the use of land by a partnership is determinative of the fact that the land is owned by
the partnership.
b. whether real estate titled in the names of individual partners is partnership property is
a question of fact, and the burden of proof is on the one alleging that the actual
ownership does not match the names on the legal title.
c. payment of real estate taxes out of partnership funds is determinative of the fact that
the land is a partnership asset.
d. payment of promissory note payments for the real estate out of partnership funds is
determinative of the fact that the realty is a partnership asset.
A proxy, voting trust, and shareholder agreement are similar in:
a. definition.
b. duration.
c. revocability.
d. degree of formality required.
Mary and Remaldi Co. have dealt with each other for many years. Mary's Boutique
orders 100 assorted lipsticks at $2.00 each from Remaldi Co. Remaldi sends back a
confirmation letter with an additional, nonmaterial term. There is:
a. no contract, but a counteroffer.
b. a contract with the additional term unless Mary objects.
c. a contract with the additional term only if Mary agrees.
d. a contract without the additional term.
Under the RUPA, the partners have what type of liability for all contract obligations of
the partnership?
a. Joint.
b. Joint and several.
c. Several.
d. None of these are correct.
The contractual duties owed by a principal to an agent are the duties of:
a. compensation.
b. reimbursement.
c. indemnification.
d. All of the above.
The court in the Cohen v. Mirage Resorts, Inc. case stated:
a. a claim brought by a dissenting shareholder that questions the validity of a merger as
a result of wrongful conduct on the part of majority shareholders or directors is properly
a derivative suit.
b. a shareholder who opposes a merger must either accept the terms of the merger and
exchange their shares for new shares or dissent from the merger and forfeit their stock.
c. minority shareholders may challenge the merger process if it is procedurally deficient
or if fraud affected the shareholder vote on the merger.
d. minority shareholders have no right to sue to enjoin or rescind an invalid merger, but
must be satisfied with money damages.
Social egalitarians believe:
a. the ends justifies the means.
b. society should provide each person with equal amounts of goods and services
regardless of the contribution each makes to increase society's wealth.
c. society should divide wealth based on each person's contribution.
d. that if persons wish to act morally, they should emulate those in the society who
always seem to do the right thing.
Which of the following is correct with respect to a grand jury?
a. The grand jury decides the ultimate guilt or innocence of the defendant.
b. The grand jury hears testimony of the defendant.
c. The grand jury issues an indictment if it finds sufficient evidence to justify a trial on
the charges alleged.
d. All of these are correct.
When contract terms prohibiting the assignment of rights exist, most courts will:
a. strictly construe them.
b. interpret a general term prohibiting assignments as a mere promise not to assign.
c. award the obligor a right to damages for the breach of the terms forbidding the
assignment.
d. All of the above.
In the Osprey L.L.C. v. Kelly-Moore Paint Co., Inc. case, the Supreme Court of
Oklahoma held that:
a. the lease was ambiguous.
b. the plain language of the lease required that it be renewed by delivering notice either
personally or by mail, and Kelly-Moore had done neither.
c. a faxed delivery of the written notice to renew the commercial lease was sufficient to
exercise the renewal option of the lease.
d. a lease is a specialized contract, and therefore the usual rules for the interpretation of
contractual writings do not necessarily apply.
Under the Americans with Disabilities Act (ADA) of 1990, an employer may not use
qualification standards, tests, or selection criteria that screen out disabled workers
because of business necessity even if they are job related.
Helen deposits a $50 check in her account at First Bank at 4:00 p.m. on Friday. The
bank is closed on Saturday and Sunday, but opens again on Monday. The midnight
deadline for First Bank would be:
a. midnight Saturday.
b. midnight Sunday.
c. midnight Monday.
d. midnight Tuesday.
According to the UCC, an enforceable agreement involving the transfer of title of goods
from a seller to a buyer for a price is called a(n):
a. commercial contract.
b. express contract.
c. formal contract.
d. sale.
Which of the following is a contract with a condition subsequent?
a. Rhonda enters into a contract to buy a new car conditional upon her getting a loan
from her bank.
b. Roger bought a VCR but he may return the VCR within ten days and get all of his
money back.
c. All of the above.
d. None of the above.
Only a small percentage of petitions to the U.S. Supreme Court for review by certiorari
are granted.
Acts constituting duress are necessarily crimes or torts in themselves.
Both design and manufacturing defects can subject a manufacturer or seller to product
liability.
Ordinarily, an agent may delegate his duties to an equally qualified subagent.
An easement in gross is personal to the one individual who obtained that right and will
not pass to another owner of the property.
The common law recognizes an accountant-client privilege.
The police power of the state can be used to regulate and take property.
Leslie, the owner of a shoe store, purchased 500 Model XT-50 running shoes from her
supplier, but a price was not stated in the contract. The contract is voidable at Leslie's
option until the parties agree on a price.
