Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Merely being regarded as disabled is sufficient to invoke the protections of the
Americans with Disabilities Act.
Mala prohibita crimes are more serious than mala in se crimes.
A "holographic" will is an oral will, usually made during the testator's final illness.
Warranty liability is not dependent on one's signature.
The doctrine of promissory estoppel is also known as equitable estoppel.
The Consolidated Omnibus Budget Reconciliation Act of 1985 provides that the
employer must cover the cost for an employee of a private employer to continue his or
her group health insurance after the voluntary termination of employment.
No act of performance is required to create a bilateral contract.
Pursuant to federal securities laws, state laws, and stock exchange rules, an audit must
be performed by a public accountant.
The Bankruptcy Reform Act of 1978 made it easier for debtors to rid themselves of
unsecured debt, primarily by filing for Chapter 7 liquidation bankruptcy.
An agent generally is not liable for contracts made in connection with a fully-disclosed
agency.
Since it is not a private party, the EEOC cannot seek injunctive relief.
One major benefit of using a wire transfer is the speed of the transaction.
A corporation is not liable for torts committed by personnel of a branch office.
A disclaimer of opinion is generally issued when the auditor lacks sufficient
information about the financial records to issue an overall opinion.
A warehouser is the bailor of goods in the warehouse.
The signature on a negotiable instrument must be handwritten and in ink.
A plaintiff in a sexual harassment case will not prevail if the employer can prove that it
exercised reasonable care in trying to prevent and promptly correct sexual harassment
behavior, and that the plaintiff unreasonably failed to take advantage of preventive or
corrective procedures made available to the plaintiff.
Burning the American flag in protest to a federal government military action is
constitutionally protected symbolic speech.
The European Union (EU) is formerly called the European Community or Common
Market.
In a replevin action, the buyer or lessee must show that he or she was unable to cover or
that attempts at cover will be unavailing.
In an action "in equity," there is no right to a jury trial.
To be patented, an invention must be novel, useful, and obvious.
The Americans with Disabilities Act provides significant legal protections in addition to
protection from employment discrimination.
Rule 10b-5, which prohibits securities fraud, applies only to the securities of companies
listed on the major stock exchanges.
If a reversion follows a life estate, upon the termination of the life estate, the property
will transfer to someone other than the party who granted the life estate.
Keeping the peace is a function of the law.
Under ethical fundamentalism, persons look internally and decide for themselves
whether a course of action is appropriate.
One of the major responsibilities of the Securities and Exchange Commission is to
investigate securities so that it can issue ratings on the quality and level of risk of
investing in particular securities.
In automobile insurance, "comprehensive coverage" refers to a policy that covers all
types of losses related to the ownership and operation of an automobile.
Under the maximizing profits theory of the social responsibility of business, a business
should never voluntarily reduce its prices.
Disparate-impact discrimination occurs when an employer adopts a work rule that is
neutral on its face, but is shown to cause an adverse impact on a protected class.
Insurance is defined as a contract whereby one party undertakes to indemnify another
against loss, damage, or liability arising from a contingent or unknown event.
Over one-half of the largest corporations in the United States have their articles of
incorporation filed in the state of ________.
A) Rhode Island
B) Delaware
C) Nevada
D) California
E) New York
Through what method(s) can a minor disaffirm a contract?
A) orally
B) in writing
C) through his or her conduct
D) orally, in writing, or through the minor's conduct
E) A contract involving a minor is automatically disaffirmed.
Imprisonment can be imposed for:
A) felonies.
B) felonies and misdemeanors.
C) felonies and violations.
D) misdemeanors and violations.
E) felonies, misdemeanors and violations.
Zelda is a certified public accountant for Kite Company, a company that makes designer
kites. An audit discloses the Kite Company's profits have doubled since the previous
year, and Zelda rightfully discloses that fact to Rhonda, Kite Company's chief financial
officer. The information regarding the profits is material and nonpublic until the
corporation announces its earnings in ten days. Both Zelda and Rhonda buy stock in
Kite Company. After the earnings information is made public, the price of the stock
increases. Are Zelda and Rhonda liable for any violations of federal securities laws?
A) They are both liable for violations of Section 10(b) and Rule 10b-5 of the Securities
Exchange Act of 1934.
B) Zelda is liable for violations of Section 10(b) and Rule 10b-5 of the Securities
Exchange Act of 1934, but Rhonda has committed no violations.
C) Rhonda is liable for violations of Section 10(b) and Rule 10b-5 of the Securities
Exchange Act of 1934, but Zelda has committed no violations.
D) Neither Rhonda nor Zelda is liable for any violation, unless it can be shown that the
company's reputation was harmed by their actions.
E) Neither Rhonda nor Zelda is liable for any violation, unless it can be shown that the
other stockholders were harmed by their actions.
Under what circumstances can the terms of directors be staggered such that only a
portion of the board members' terms expire in any one year?
A) under any circumstances
B) in closely-held corporations
C) when there are both inside and outside directors
D) when there are nine or more members of the board of directors
E) Under no circumstances can the terms of directors be staggered such that only a
portion of the board members' terms expire in any one year.
Which of the following is not characteristic of a valid contract?
A) It can be viewed as private law between the parties.
B) The parties must have the contract's terms approved by the appropriate court.
C) A court will enforce its terms if the parties do not voluntarily perform.
D) It will have at least two parties.
E) There must be mutual assent by the parties.
In a criminal proceeding, what is the difference between an indictment and an
information?
A) The defendant is charged with a crime in an indictment, but not in an information.
B) Guilt or innocence is determined in an indictment, but not in an information.
C) A grand jury issues an indictment, but does not issue an information.
D) An indictment requires proof beyond a reasonable doubt, but an information does
not.
E) An information requires proof beyond a reasonable doubt, but an indictment does
not.
If the same wrongdoer engages in a series of forgeries or alterations on the same
account, the customer must report that the payer bank within a reasonable period of
time, not exceeding ________ from the date that the bank statement was made available
to the customer.
A) thirty (30.) days
B) sixty (60.) days
C) ninety (90.) days
D) six (6.) months
E) one (1.) year
The intellectual property for a new invention is what kind of property?
A) real tangible
B) real intangible
C) personal tangible
D) personal intangible
E) real fixture
Janet and Henry were married in Bulgaria when they were each fourteen years old. The
marriage is valid in Bulgaria. They have now moved to the United States, and there is
some question whether their marriage is valid in the United States. Which of the
following doctrines would prevent a United States court from questioning the validity
of their marriage?
A) sovereign immunity
B) comity
C) act of state
D) diplomatic immunity
E) a United Nations convention
The guilty act regarding a crime is called the:
A) actus reus.
B) mens rea.
C) indictment.
D) actus rea.
E) mens reus.
A professor tells a student that if she writes a 5,000-word paper on the evils of
plagiarism by May 13th, he will pay the student $750.00. Assuming that the student
writes the paper, which of the following is the most accurate statement concerning the
professor's obligation to pay the student?
A) If the student gives the paper to the professor on May 13th, the money is not owed
unless the student can conclusively prove that the professor was serious and not joking.
B) The offer was void because it violates the parol evidence rule.
C) This contract is only enforceable if it is in writing.
D) This contract is only enforceable if the student verbally or in writing accepts the
offer prior to beginning the paper.
E) The student can successfully enforce the contract under the theory of promissory
estoppel.
Which of the following best describes a defect in packaging under products liability?
A) the packaging of a product, such as a bottle or can, causes an injury to the user
B) the packaging of a product is such that it allows the product to spoil
C) the packaging of a product contains misleading or deceptive information about the
product contained inside
D) the packaging of a product fails to contain necessary warnings about the dangers
associated with a product
E) the packaging of a product allows children to access a product, such as a drug or a
poison, that is generally safe when used as directed, but can be harmful if not used
properly
The basic obligation of a seller of goods to transfer and deliver goods to the buyer in
accordance with the terms of the contract is known as:
A) performance of delivery.
B) anticipatory tender.
C) delivery as agreed.
D) anticipatory delivery.
E) tender of delivery.
Under the Uniform Computer Information Transactions Act, what is "cover?"
A) commercially acceptable packaging for a license issued in physical form
B) packaging for a license issued in physical form that either meets or exceeds industry
standards
C) the licensee engaging in a commercially reasonable substitute transaction after the
licensor's breach
D) the licensee engaging in a non-commercial substitute transaction after the licensor's
breach
E) the licensee engaging in commercially reasonable supplemental transaction after the
licensor's breach
In a merger, a dissenting shareholder may elect to receive the fair value of his or her
shares instead of being part of the restructuring. What is this right called?
A) dividend right
B) appraisal right
C) merger right
D) voting right
E) "ultra vires" right
Which of the following theories is used to examine the legality of a conglomerate
merger?
A) the "market generation" theory
B) the "unfair advantage" theory
C) the "potential corruption" theory
D) the "potential recidivism" theory
E) None of the above is used to examine the legality of a conglomerate merger.
The Delaware Court system has adopted a policy whereby everyone, regardless of
occupation, is required to serve on jury duty. The policy in the past was that attorneys,
judges, teachers, and certain other occupations were exempt due to their jobs. These
exemptions have been abolished and now everyone is treated the same. What ethical
theory has Delaware adopted?
A) fundamentalism
B) moral minimum
C) social justice
D) duty ethics
E) utilitarianism
An incidental beneficiary has ________ rights to enforce or sue under other people's
contracts.
A) conditional
B) absolute
C) equitable
D) injunctive
E) no
Which of the following is a special federal court established by the United States
Congress?
A) U.S. Court of Indian Affairs
B) U.S. Court of Appeals for the Armed Forces
C) U.S. Court of Equity
D) U.S. Magistrate's Court
E) U.S. Court of Intrastate Commerce
The land that benefits from an easement is called the ________ estate.
A) dormant
B) dominant
C) deeded
D) divergent
E) deluged
What does "incorporation by reference" do in the context of contract law?
A) It identifies the parties to a contract.
B) It dictates that the court apply equitable principles, rather than legal principles, to
resolution of any dispute arising between the parties.
C) It makes separate writings part of a contract's terms.
D) It makes the Statute of Frauds inapplicable to the contract.
E) nothing as far as the Statute of Frauds is concerned, because incorporation cannot be
used to satisfy the Statute of Frauds
With respect to the assignment of a contract right, which two roles are played by the
same party with respect to the specific right and its assignment?
A) the obligee and the obligor
B) the obligor and the assignor
C) the obligee and the assignor
D) the obligor and the assignee
E) the assignor and the assignee
Which of the following is true about the creation of courts in England?
A) The law courts were created in order to have broader jurisdiction than the merchant
courts.
B) The merchant courts were created in order to have more flexibility in fashioning
remedies than the chancery courts.
C) The equity courts were created to allow remedies that could not be granted by the
law courts.
D) The different types of courts were created in order to handle different types of cases,
but the remedies available to the different courts were the same.
E) The law courts were created to allow remedies that could not be granted by the law
courts.
In a contract for the sale of goods, identification of the goods is significant because it:
A) allows the contract to be a destination contract.
B) is the earliest that title can pass.
C) determines when a document of title is needed.
D) determines when the implied warranties become effective.
E) determines whether a party is entitled to specific performance.
What is the right of the buyer or lessee to purchase or rent substitute goods if the seller
or lessor fails to make delivery of the goods called?
A) the right to cover
B) the right to capture
C) the right to recoup
D) replevin
E) cure
What is the primary purpose of an agent in a principal-agent relationship?
A) protect the principal from legal liability
B) conduct business on behalf of the principal
C) enter into contracts with the principal
D) operate as a partner with the principal
E) maintain the principal's status quo
Of the following, which celebrity was successful in recovering under the
Anti-cybersquatting Consumer Protection Act from someone who improperly obtained
an Internet domain name?
A) Julia Roberts
B) Kurt Cobain
C) Snoop Dogg
D) David Letterman
E) Kanye West
Jan saw an item at a local department store that she considered purchasing but did not.
After getting home, she changed her mind. Her roommate was going to the same store,
so Jan asked the roommate to pick up the item for her. Jan gave her credit card to the
roommate and said, "Just sign my name; you know they never check the signature." The
roommate purchased the item with Jan's credit card and signed Jan's name. Has the
roommate committed forgery?
A) yes, because the roommate misrepresented that she was Jan
B) yes, because forgery occurs whenever one person signs the name of another
C) no, because the store did not realize that the roommate was not Jan
D) no, because the roommate did not intend to defraud either Jan or the store
E) no, because Jan is always liable for charges on her credit card
John works for a company that provides computers and access to a service provider that
provides access to the Internet, as well as an e-mail address for all employees. While at
work, John often accesses the e-mail account that he uses at home. John's employer
would like to access John's e-mail to see if he is using company time for personal
purposes. Which of the following is true?
A) The company must get a search warrant before it can access any of John's stored
e-mail.
B) The company can have access to e-mail stored at John's work e-mail address, but not
that stored at the e-mail address he usually accesses from home.
C) The company can have access to e-mail stored at either location if the e-mail at the
address he accesses from home was sent or received during John's time at work.
D) The company cannot access any of John's stored e-mail unless it obtains the
assistance of law enforcement personnel and obtains a search warrant.
E) The company cannot access any of John's stored e-mail and would not have grounds
for a search warrant.
Which of the following is not considered a counter-offer?
A) under the common law, when a party includes additional terms in an acceptance
B) an accommodation shipment
C) under the "battle of the forms" doctrine, any additional terms in forms used to
complete the transaction
D) under the UCC, in a transaction between two merchants, when a party includes
additional terms in an acceptance
E) under the UCC, in a transaction between non-merchants, when a party includes
additional terms in an acceptance
Quasi in rem jurisdiction is also known as ________ jurisdiction.
A) attachment
B) detachment
C) concealment
D) personal
E) in personam
Kathy purchased a used car from Mint Motors, Inc. on her sixteenth birthday and will
be making 48 monthly payments to Mint. Thirteen months later, the car was stolen and
was never recovered. Which of the following statements is correct?
A) The car's theft is an automatic ratification of the contract because it is now
impossible to return the car.
B) Kathy ratified the contract by driving the car for thirteen months.
C) Kathy may disaffirm the contract because she is a minor.
D) Kathy may not disaffirm the contract if she ratified the contract either orally or in
writing prior to the theft.
E) Kathy may demand a new car from Mint as a penalty for dealing with a minor.
On March 1 Susan offers to mow Sam's yard every week through the summer for $35.
Sam says that he wants to think about it. Susan says that she will leave the offer open
only until March 15. On March 15 Sam drops a letter in the mailbox telling Susan that
he accepts her offer. Susan does not receive the acceptance until March 17. On March
16, not having heard from Sam, Susan decides that she is out of the mowing business
and sells her mower. When she gets Sam's acceptance, she calls him up and tells him to
forget it, Sam did not accept in time, and that she is not mowing. Sam says they have a
contract. Who is right under the mailbox rule?
A) Susan is right, because Sam's acceptance was not effective until she received it after
March 15.
B) Susan is right, but only because she had sold the mower and had no means by which
to perform.
C) Sam is right, because his acceptance was effective when he placed it in the mailbox.
D) Sam is right, because he was unaware that Susan had sold the mower when he
placed the acceptance in the mailbox.
E) Susan is right, because Sam should have called her by telephone.
