The burden of proof in a criminal case is preponderance of the evidence.
a. True
b. False
In most states, determining what is a reasonable time for disaffirmance depends on
circumstances rather than a statutorily prescribed time period.
a. True
b. False
Which of the following is a type of collateral involving rights evidenced by
indispensable paper?
a. A certificated security.
b. An uncertificated security.
c. A security entitlement.
d. All of these.
Dissolution that is judicial may be brought about when:
a. a shareholder brings a proceeding because the directors are deadlocked in
management of the corporate affairs and the corporation is suffering irreparable injury.
b. the board of directors creates a resolution approved by shareholders to dissolve.
c. the shareholders of a closely held corporation adopt a unanimous agreement to
dissolve.
d. the corporation is without a registered agent for over 60 days.
Examples of service marks include:
a. Howard Johnson’s orange roof.
b. trade dress.
c. nonfunctional design of labels.
d. All of these.
Which of the following is true about the regulation of pesticide use by the EPA?
a. To be legally registered a pesticide must perform its intended function without posing
unreasonable risk to humans or the environment.
b. The EPA may balance the economic and social costs of use of a pesticide in deciding
whether to register it.
c. Once a pesticide is registered the registration cannot be canceled for five years.
d. To be legally registered a pesticide must perform its intended function without posing
unreasonable risk to humans or the environmentand also the EPA may balance the
economic and social costs of use of a pesticide in deciding whether to register it.
e. To be legally registered a pesticide must perform its intended function without posing
unreasonable risk to humans or the environmentand also once a pesticide is registered
the registration cannot be canceled for five years.
Jack, a landlord, sells his apartment house to Bob, who knows that each of the four
apartments is rented. May Bob tell the tenants to vacate and install his own tenants?
a. Yes, since he is now the owner.
b. Yes, the leases terminate when Jack’s ownership ends.
c. No, he must wait until their leases expire.
d. No, they may stay as long as they wish.
An exclusive dealing contract is one type of contract which is illusory, because it lacks
consideration.
a. True
b. False
A court will grant summary judgment after a trial if the judge makes a final, binding
determination on the merits of the case.
a. True
b. False
What party(ies) is/are involved in a suretyship relationship?
a. The principal debtor.
b. An ancillary bailee.
c. Principal bailee.
d. All of these.
The UPA treats a partnership as a legal entity for all purposes.
a. True
b. False
The EPA may not impose civil fines.
a. True
b. False
Sales of tangible personal property involve the transfer of title.
a. True
b. False
Under the Equal Protection Clause, all governmental action that treats two classes of
citizens differently will be invalid.
a. True
b. False
Deontologists are criticized for rigidity and excessive formalism.
a. True
b. False
The delegation of a duty still leaves the delegator responsible for the performance of the
duty.
a. True
b. False
Which of the following would not usually be found in the articles of incorporation of a
corporation?
a. The number of directors necessary for a quorum.
b. The name of the corporation.
c. The name and address of each incorporator.
d. The number of authorized shares.
An exculpatory clause attempts to excuse one from liability for her own tortious
conduct.
a. True
b. False
Revised Article 3 eliminates the particular fund doctrine by providing that a promise or
order is not made conditional because payment is to be made only out of a particular
fund.
a. True
b. False
RICO has been successfully applied to businesses that are not engaged in organized
crime, despite the fact that its intent is to target organized crime.
a. True
b. False
If the decision of an ALJ is appealed to the governing body of the agency, the case may
be decided de novo.
a. True
b. False
Title insurance is unnecessary if a title search is made.
a. True
b. False
Unless otherwise agreed, under RULPA, a limited partner is entitled to repayment of his
capital contribution under which of the following conditions?
a. Before general partners are repaid their capital contribution.
b. The partnership’s postdistribution assets would be sufficient to pay all of its liabilities
to nonpartners.
c. Only after general partners have been repaid their capital contribution.
d. None of these.
If Sharpe Finance Co. has a secured interest in Jeff’s car and Jeff is in default, in most
states, Sharpe may take the car from in front of Jeff’s house without getting a court
order.
a. True
b. False
The UCC and the Restatement make no provision for supplying terms omitted by the
parties’ contract.
a. True
b. False
A contractor and Southampton, Inc. have a contract, which calls for the contractor to
build a building with the completion by June 15. If the building is not completed by that
date, the contract calls for the contractor to pay $100 per day in damages. The $100 per
day is:
a. punitive damages.
b. nominal damages.
c. liquidated damages.
d. an illegal penalty.
A sublease is made when the tenant transfers control of his entire interest in the leased
property to a third party.
a. True
b. False
Obligations contingent upon a stated event are known as conditional promises.
a. True
b. False
Most states, as well as the Revised Act, hold that the test for the duty of diligence
requires a director or officer to discharge corporate duties:
a. in good faith.
b. with a high degree of care.
c. without a conflict of interest.
d. through a named attorney or legal firm.
e. All of these.
The CERCLA trust fund is financed by a:
a. tax on chemical feedstocks.
b. surtax on businesses with annual incomes over $2 million.
c. tax on petroleum.
d. All of these.
The intentional dispossession or unauthorized use of the personal property of another is
known as:
a. conversion.
b. trespass to personal property.
c. fraud.
d. stealing.
If there is a novation, the original promisor remains liable to the original promisee if the
new promisor fails to perform.
a. True
b. False