1) the ____ amendment forbids cruel and unusual punishments.
a.first
b.eighth
c.fourteenth
d.fifteenth
2) susan was hired by teddy & co. as a sales woman. however, the management on
seeing her intelligence and capabilities allowed her to use the office library and research
facility to create an inventive product. susan now wants to patent the product in her own
name. this is not permissible under the:
a.doctrine of equivalents.
b.respondeat superior doctrine.
c.shop right doctrine.
d.doctrine of assignment.
3) patent cases being litigated in the federal system are an example of:
a.concurrent jurisdiction.
b.original jurisdiction.
c.exclusive jurisdiction.
d.certiorari jurisdiction.
4) goods that are not merchantable are:
a.unfit for any use.
b.unfit for the ordinary use for which such goods are used.
c.unfit for the particular use that the buyer intends.
d.unfit for the particular use that the buyer intends, and the buyer is a merchant.
5) analyze the liability of internet service provider under section 230 of
communications decency act (cda) from the cases of chicago lawyers committee for
civil rights under law, inc. v. craigslist, inc., and fair housing councils of san fernando
valley v.roommates.com, llc.
6) which of the following is correct concerning the professional-client privilege and
working papers produced by an auditor while auditing the records of a client?
a.working papers are owned by the client.
b.working papers may be transferred to another auditor without permission of the client.
c.the client does not have a right of access to the working papers.
d.the professional-client privilege usually belongs to the client.
7) in order to run with the land, a restrictive covenant must essentially:
a.be related to any disputed property.
b.have a number of claimants to an estate.
c.be binding on the original parties and their successors.
d.be a joint tenancy.
8) ken was a general partner in a limited partnership until march 2011, when he
transferred all his transferable rights to his wife. a few days later, he was expelled from
the limited partnership by other partners. if the limited partnership did not give any
notice of dissociation, ken will retain his apparent authority to transact for the limited
partnership until:
a.2012.
b.2013.
c.2014.
d.2017.
9) the patent application must include a(n) _____ describing the invention with
sufficient detail and clarity to enable a person skilled in the relevant field to make and
use the invention.
a.specification
b.drawing
c.proposal
d.idea
10) which of the following instruments defines an order directed to a certain person,
namely a bank, to pay money from a persons account to a third person?
a.check
b.promissory note
c.certificate of deposit
d.draft
11) andy works for sparkles, a jewelry store. while selling a zircon-studded ring to a
customer, andy falsely states that the zircon is a diamond. the customer, delighted to
find a diamond ring at an affordable cost, buys the ring. if the customer files a lawsuit
for damages, which of the following will most likely be the courts verdict?
a.andy had the actual and apparent authority from sparkles to make true statements,
hence sparkles is liable for andys misrepresentations.
b.andy will be held liable for the misrepresentation and will have to pay damages to the
customer and to sparkles.
c.the customer will be held responsible since he was negligent in the purchase, but may
receive a small percentage of damages from sparkles.
d.andy will be held liable for the misrepresentation to the customer, and will have to
pay him damages.
12) the epa has set national ambient air quality standards for:
a.chlorofluorocarbons.
b.sulfur oxide.
c.carbon dioxide.
d.methane.
13) jimmy and pat had a long-standing professional relationship. in 2001, jimmys
business began experiencing financial strain. the two friends discussed jimmys personal
problems and financial difficulties, and pat was concerned about his friends depressed
mental state. in 2003, pat flew from atlanta to new york to meet jimmy. prior to pats
flight, jimmys employee had faxed copies of various construction contracts and
correspondence relating to jimmys controversial projects for pat to review. in late 2005,
pat billed jimmy for a $40,000 balance that jimmy owed on the alleged oral contract. in
a letter to pat, jimmy stated: i have paid you plenty and will not pay you any more. i
have not called for any professional advice since then. pat filed suit against jimmy for
breach of contract. will pat succeed?
a.yes, because pat was offering his friend professional consultation.
b.yes, because there is a valid contract formed, since jimmy had sought pats advice.
c.no, because it was a friendly advice and not an actual contract.
d.no, because pat never entered into an oral contract and only written contracts are
enforceable.
14) ordinary nonphysical and nonviolent duress that causes the transfer of a negotiable
instrument:
a.prevents its negotiation.
b.is a good defense against a holder in due course of the instrument.
c.is subject to rescission before the instrument is transferred to a holder in due course.
d.is a good defense against the maker of a note.
15) according to the law, crimes are statutory offenses; this essentially means that:
a.it must be proved that the crime is dangerous or detrimental to society.
b.a behavior is not a crime unless a state legislature has criminalized it.
c.the prevention of crime should include deterrence and rehabilitation.
d.courts may assess punitive damages in order to punish the wrongdoer.
16) the fiduciary duty to the corporation is owed by its:
a.shareholders.
b.promoters.
c.investors.
d.creditors.
17) passive investors follow the _____ rule: either support management or sell the
shares.
a.co-determination
b.vicarious liability
c.wall street
d.business judgment
18) which of the following has the law and economics movement influenced in judicial
opinion?
a.antitrust law
b.homicide statutes
c.discrimination policies
d.education