An estate in fee simple would have which of the following characteristics?
a. It may be inherited.
b. It may be sold.
c. Judgment creditors may levy upon it.
d. All of these.
Identify the following parties and relationships.
a. Patricia hires Andrew, an attorney, to negotiate a contract to purchase some property.
She agrees to pay him $75 an hour for his services, and he agrees to use his own office
and secretarial staff to negotiate and draft the agreement.
b. Mel owns a retail store. He hires Sarah to work for him as a clerk in the home
furnishings department.
c. Carl is the general contractor for the construction of a large office complex. Carl hires
Ed’s Electric Company to do all of the wiring for the building.
d. Incellmed Corporation hires Bob as an outside salesman and instructs him to call on
customers in a specified territory and to solicit orders for their products.
e. Marlin, who is the owner of Marlin’s Department Store, hires Melissa as the general
manager of his new branch in the Hillridge Mall.
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on age.
a. True
b. False
BB, Inc. fires an employee and then, when asked for a reference on him, negligently
makes some untrue statements, which prevent him from finding a job. BB is liable for
defamation.
a. True
b. False
Conglomerate mergers have been challenged only when:
a. one of the merging firms would be highly likely to enter the other firm’s market.
b. the merged company would be disproportionately large, compared with the smallest
competitors in its industry.
c. Both of these.
d. Neither of these.
Ella induces Tammy, by fraud in the inducement, to make an instrument payable to the
order of Ella. She subsequently negotiates the instrument to Adam, a holder in due
course. If Ella later reacquires the instrument from Adam, Ella will succeed to Adams
rights as a holder in due course under the shelter rule.
a. True
b. False
Jerry bought a stereo from SX Company “on approval.” The risk of loss passed to Jerry
when he took possession of the stereo.
a. True
b. False
Chapter 3 of the Bankruptcy Code contains provisions dealing with the commencement
of a case in bankruptcy.
a. True
b. False
An accounting firm may perform both bookkeeping services and audits for the same
client.
a. True
b. False
An accountant is negligent if she does not exercise the degree of care a reasonably
competent accountant would exercise under the circumstances.
a. True
b. False
Within each federal district court is established a bankruptcy court staffed by
bankruptcy judges.
a. True
b. False
Robert Briscoe is 17 years old. He lies to Bouyers Auto about his age in order to induce
them to sell him a new pickup truck. Bouyers falls for this lie and sells him the pickup.
Under the prevailing view, Robert:
a. may disaffirm and get his money back.
b. may not disaffirm since he lied.
c. may only receive a portion of his money.
d. will receive his money less depreciation.
In interpreting a contract, terms which have been separately negotiated are given
priority over standardized pre-printed terms.
a. True
b. False
Sarah has a checking account at First Bank. Orrin steals one of her blank checks, writes
a check for $250, and then forges Sarah’s signature. He then presents the check to First
Bank for payment. First Bank pays the forged instrument. Which of the following
statements is correct?
a. First Bank will have to recredit the $250 to Sarah’s account if she so requests, if
Sarah was not found to be negligent.
b. Orrin is responsible to First Bank for the $250.
c. Sarah is primarily liable if she was negligent in allowing Orrin to take the blank
check.
d. All of these.
A statement signed by the required number of witnesses who observe the execution of a
valid will is called a(n):
a. validity clause.
b. ambulatory clause.
c. attestation clause.
d. fiduciary clause.
A plaintiff who has not sustained any loss resulting from the defendants breach of
contract cannot recover any damages.
a. True
b. False
Andrew noticed Michael and his pregnant wife Georgette walking down the street and
drove his car within inches of Michael, as a joke. Michael wasn’t injured, but his wife
suffered severe mental distress and needed to be hospitalized in order to save the
pregnancy. Andrew has:
a. no liability to Georgette, because he has not committed a tort against her.
b. committed the tort of battery against Georgette.
c. committed the tort of battery against Michael but has committed no tort against
Georgette.
d. committed the tort of intentional infliction of emotional distress against Georgette.
Which of the following is untrue regarding the contracts of intoxicated persons?
a. If an intoxicated person is unable to understand the nature and consequences of his
act, then the contract is voidable.
b. The effect of intoxication is generally the same as that given to contracts that are
voidable because of incompetency.
c. Slight intoxication will destroy one’s contractual capacity.
d. To make a contract voidable, a person need not be so drunk that he is totally without
reason or understanding.
Tunso Corp. has 1,000 shares of stock outstanding that are permitted to vote for
directors. If Tunso Corp. permits cumulative voting, a minority shareholder would need
to vote how many shares to elect one of three directors?
a. 251
b. 501
c. 201
d. 334
Commercial speech is expression related to the economic interests of the speaker and
his audience.
a. True
b. False
Donee beneficiaries and incidental beneficiaries are called intended beneficiaries.
a. True
b. False
If Dan subleases his apartment to Susan for the summer, Susan is primarily liable to pay
the landlord the rent.
a. True
b. False
In reading the title of a case, Smith v. Jones:
a. Smith is the plaintiff.
b. Jones is the plaintiff.
c. the determination of who is the plaintiff depends on the level of the court at which the
case is being heard.
d. it is not always possible to determine from the case title which party is the plaintiff.
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.
Mark finds a camera on a park bench at Disneyland. Mark can keep the camera if the
true owner cannot be found, because it is lost property.
a. True
b. False
Under the Administrative Procedure Act (APA), most legislative rules are issued in
accordance with the informal rulemaking procedures.
a. True
b. False
The law requires that to form a valid contract the agreement must be voluntary and
knowing.
a. True
b. False
Which of the following remedies is NOT available for patent infringement?
a. Attorneys’ fees in some but not all cases.
b. An accounting for profits.
c. Treble damages when appropriate.
d. Injunctive relief.
Don offers to sell his diamond ring to Emily. If Diane overhears the offer and says, “I
accept the offer”:
a. Diane cannot accept because the offer wasn’t made to her.
b. this is a valid acceptance.
c. the offer has not been communicated to the offeree.
d. Diane cannot accept because this is an invitation seeking offers and not an offer.
The scope of administrative law has expanded greatly in the last fifty years.
a. True
b. False
An auctioneer is the offeror and a contract is formed when a bid is made.
a. True
b. False
An attorney receives a check from the defendant in settlement of a lawsuit brought by
his client, the plaintiff. Even if the check is made out in the name of the attorney, it will
belong to the client as a:
a. resulting trust.
b. constructive trust.
c. totten trust.
d. spendthrift trust.
The usual method of enforcing a restrictive covenant is by specific performance.
a. True
b. False