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The debtor has an absolute right to have his bankruptcy case dismissed, whether the
case is under Chapter 7, 11, or 13.
a. True
b. False
Generally, legislative rules must be promulgated in accordance with the procedural
requirements of the APA.
a. True
b. False
When the per se approach is inappropriate in a Section 1 Sherman Act case but the
challenged conduct has obvious anticompetitive effects, courts may use an intermediate
test which is a "quick look rule of reason analysis.
a. True
b. False
Mike, a plumbing contractor, was hired to correct a stoppage in the sewer line at Sarah's
house. During his work, he discovered numerous leaks in a rusty, defective water pipe
that ran parallel with the sewer line. To meet public regulations, the water pipe had to
be replaced either then or later, when the yard would have to be redug. Mike replaced
the water pipe and Sarah inspected the work daily and did not object to the extra work.
When Mike finished, Sarah refused to pay for the water pipe replacement since that was
not what she originally hired Mike to do and she had never specifically agreed to that
work. Sarah must pay Mike for his labor and materials costs for both the sewer and
water line repair.
a. True
b. False
On March 20, Alan orally agrees to work for Trower, Inc. for a period of one year
commencing on June 1. No writing is necessary here, because the contract can be
performed within one year.
a. True
b. False
The person who signs a note and promises to pay it is the maker.
a. True
b. False
Which of the following would not be a remedy available to the seller on account of
buyer's breach?
a. Stop delivery of the goods by the carrier.
b. Require the financially sound buyer to return the goods.
c. Recover the price.
d. Cancel the contract.
Under RICO, a __________ is any of several criminal offenses such as murder,
kidnapping, arson, extortion, and drug dealing.
a. predicate act
b. liable act
c. white-collar crime
d. mala in se act
The CISG specifically excludes sales of which of the following?
a. Goods bought for personal, family, or household use.
b. Ships or aircraft.
c. Electricity.
d. All of these are specifically excluded.
An automatic stay would not prevent a creditor from creating a lien against the debtor's
property.
a. True
b. False
Because defamation involves a communication, the protection of the __________
Amendment applies.
a. Fourth
b. Fifth
c. First
d. Fourteenth
Voidable preferences include all of the following EXCEPT:
a. a transfer of property of the debtor to or for the benefit of a creditor.
b. payment of taxes owed to a governmental unit.
c. a transfer of property while the debtor was insolvent.
d. a transfer that enables a creditor to receive more than he would have received under
Chapter 7.
A person who receives a share of profits of a business is presumed to be a partner.
a. True
b. False
A limited partner owes a duty of care to the partnership similar to that of a general
partner.
a. True
b. False
The concept of conflict of interest as it relates to the law of agency includes which of
the following?
a. An agent may take a position that conflicts with the principal only if the principal,
with full knowledge of all the facts, consents.
b. An agent may not represent her principal in a transaction in which the agent has a
personal interest.
c. An agent may not act on behalf of adverse parties to a transaction without both
principals approval of the dual agency.
d. All of these.
Under the RUPA, a judgment creditor of a partnership may first attempt to enforce a
judgment against either the separate assets of a partner or the partnership itself.
a. True
b. False
The crime of larceny includes in its definition:
a. the nontrespassory taking and control of personal property.
b. the trespassory taking and carrying away of personal property.
c. assault.
d. the taking and control of personal or real property.
The state of Alabama passes a statute which requires that male heirs be preferred over
female heirs in selecting an executor of an estate. Laura, a lawyer, would like to be the
executor of her father's estate, but so would her eighteen-year-old brother who just
flunked out of college. She challenges the provision as being a violation of the Equal
Protection Clause of the Fourteenth Amendment. The case is now under consideration
by Alabamas highest court. In deciding the constitutionality of the provision, the court
will:
a. apply the rational relationship test.
b. apply the strict scrutiny test.
c. apply the intermediate standard test.
d. create a new test
The Bill of Rights was approved by the first Congress to guarantee that the federal
government would not abuse its powers.
a. True
b. False
The Pregnancy Discrimination Act protects the job reinstatement rights of women
returning from maternity leave.
a. True
b. False
The tort of nuisance includes only the trespassory invasion of real property.
a. True
b. False
Which of the following is NOT always necessary in order for a valid contract to be
formed?
a. Mutual assent.
b. Legality of purpose.
c. A writing.
d. Competent parties.
An agent for an unidentified principal is liable on the contract to the third party no
matter whether the particular transaction is authorized or not.
a. True
b. False
On April 18, Marco bought a sailboat from a local marina. The boat was defective and
did not turn about properly. Marco used the boat extensively all summer and the boat
was no longer in the same condition as when it was bought. By September 30, Marco
had waived his right to revoke acceptance.
a. True
b. False
Martin agrees to perform an audit within 30 days, knowing that time is of the essence.
After the 30 days, Martin has only performed 60% of the audit. Martin has materially
breached his contract.
a. True
b. False
a. What is a third party beneficiary?
b. Distinguish between the following types of third party beneficiaries: creditor
beneficiary; donee beneficiary; intended beneficiary, incidental beneficiary. Can all
third parties that benefit from a contract sue to enforce rights under the contract?
Explain.
In the majority of states, a defendant is liable for negligently inflicted emotional
distress, even in the absence of resultant physical harm.
a. True
b. False
Tim, who is a minor, enters into a contract with Violet, who is an adult. Which of the
following is correct?
a. Violet may not disaffirm the contract.
b. Violet may disaffirm the contract at any time.
c. Violet may disaffirm the contract when Tim becomes an adult.
d. Tim may ratify the contract at any time during his minority.
Which of the following is NOT considered to be an equitable remedy?
a. Specific performance.
b. Injunction.
c. Reformation.
d. Money damages.
Which of the following is NOT personal property?
a. Trees that have been cut into logs.
b. An air-conditioning system before it is installed in a house.
c. Building materials.
d. A 140-acre farm.
An inter vivos gift is a gift:
a. of live animals.
b. contingent upon the donee's surviving the donor.
c. made by a donor during her lifetime.
d. None of these.
Under federal law, employers may use a lie detector test if it is part of an ongoing
investigation of economic loss to its business.
a. True
b. False
The __________ provides that the federal government shall provide the accused with a
speedy and public trial by an impartial jury.
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Eighth Amendment
Which of the following is required regarding indorsements?
a. An indorsement must be written on the back side of the instrument.
b. Indorsements must comply with Federal Reserve Board guidelines in order for the
instrument to be negotiable.
c. Indorsements must be made on a separate sheet of paper stapled to the instrument.
d. None of these.
The 1999 amendments to the Revised MBCA did not change the voting rule;
fundamental changes still need be approved by a majority of the votes entitled to be
cast.
a. True
b. False
Jack is a trucker who makes his living moving modular homes. This is a dangerous
business in that the portions of the houses, when on the truck, are wider than the road
lanes. Also, Jack frequently has to travel much more slowly than the other vehicles on
the road. One day Jack, on his way to Atlanta with a modular home in tow, found
himself approaching two trucks coming from the opposite direction with the words
"High Museum Exhibits" on the truck panels. When Jack swerves to avoid a bicyclist,
the High Museum truck runs off the road and tumbles down an embankment. No one is
harmed, but the painting exhibit being transported is damaged. Discuss the various
theories of negligence that might be applied here and why they would be appropriate.
Explain how the 1998 Revisions to Article 9 facilitate electronic filing of a financing
statement.
Denver has rightfully rejected nonconforming goods that were delivered to him.
Explain his interest in those goods in his possession and his rights and duties regarding
the goods.
What is a condition? Give an example of each of the following types of conditions:
condition precedent, condition concurrent, conditions subsequent.
Kelly has just been appointed the manager of a company that has begun the direct
export of its product. What precautions should he take to assure that the company will
in fact be paid for its products when the company has never dealt with the buyers before
and is new to the international legal environment?
Is a promise to pay a pre-existing moral obligation enforceable? Explain.
What is the legal effect of an agreement that is criminal, tortious, or otherwise contrary
to public policy, and why does it have that effect?
What is the difference between a valid contract and a void contract?
Azurzerapi Corporation plans to start marketing products worldwide. What forms of
multinational business enterprise should it consider?
What is the difference between a "closed shop" and a "union shop"?
Under many modern statutes, what three elements must be met for a charge of
burglary?
Clarence is the trustee of a trust. With $75,000 of his own money, Clarence purchases a
parcel of real estate. Two months later, he sells the parcel to the trust for $150,000 and
pockets the profit. Discuss the situation in terms of the duties and powers of the trustee.
The Bankruptcy Code exempts specified property of an individual debtor from
bankruptcy. What are some of these exemptions?
It is common for transactions to involve multiple contracts. Identify at least four
contracts that might be involved in Costellos sale of land to Johnston.
Showplace insures its $160,000 building with two insurers: with Hometown Insurance
for $60,000 and with National Insurance for $120,000. The building suffers a fire loss
of $75,000. From whom and for how much can Showplace collect?
Theresa has just started working for Citizens Bank as a teller. A man comes into the
bank with a $100 check that is 8 months old. She goes to the manager to ask whether
she should pay it. If you were the manager, what would you advise her? Explain.
Compare the respective roles of the officers, board of directors, and the shareholders of
a corporation. Who runs the corporation? Explain your answer and give examples.
Discuss the types of deeds that can be used to transfer title.
In 1995, Jack executed a valid will in which he left his entire estate to the Heart Fund.
In 2000, Jack was declared incompetent and committed to an institution. At his death in
2005, his son, Brian, who was his sole survivor, contested the will claiming that Jack
was obviously incompetent. Will Brian prevail with this argument? Explain.
Elko, Inc. and Fuldan, Inc. closely monitor each other's actions regarding the sale of
consumer electronic products. Each corporation tries to match the other's product
designs and specifications, prices, and advertising strategies. As a result, the two
corporations have similar products, prices, and profits. Is this a violation of the antitrust
laws?
