1) the standard of proof in a criminal case is:
a.proof by a preponderance of the evidence.
b.proof beyond a reasonable doubt.
c.proof that is more likely than not.
d.proof beyond the presumption of innocence.
2) which of the following is true about financing statements?
a.a financing statement never includes descriptions of the real estate.
b.a financing statement serves as an implied notice to the world.
c.a financing statement is effective for a period of three years from the date of filing.
d.a financing statement must give the name of the secured party.
3) the uniform transfers to minors act:
a.permits the donor to deliver the property to a custodian who acts for the benefit of the
minor under the act.
b.prohibits an adult from making a gift to a minor unless the minor is the child of the
donor.
c.provides a method for making gifts to minors, who are defined by the act as children
under the age of 16.
d.provides a complicated and abstract method of transferring money to minors.
4) if an order instrument is transferred without indorsement, then the instrument:
a.is deemed to have been negotiated and the bank can qualify as a holder.
b.has not been negotiated and the transferee cannot qualify as a holder.
c.is deemed to have been negotiated and the transferee can qualify as a holder.
d.has been transferred and the bank and the transferee can qualify as a holder.
5) which of the following terms refers to a widely shared view about what ideas,
interests, institutions, or freedoms promote welfare of people?
a.void contract
b.public policy
c.implied-in-fact policy
d.express contract
the term public policy is impossible to define precisely. generally, it is taken to mean a
widely shared view about what ideas, interests, institutions, or freedoms promote public
welfare.
6) boris borrowed marthas lawnmower to cut his grass. boris will be liable for damage
to the lawnmower if he:
a.owns a lawnmower and borrowed another from martha.
b.has not given martha any consideration.
c.did not use greater than ordinary care to protect it.
d.he is sued by martha.
7) an agency rule created through a(n) _____ rulemaking method enhances the chances
of voluntary compliance.
a.informal
b.executive
c.democratic
d.hybrid
8) congress has the power to regulate commerce among the states. in pursuance of this
power, it passed a legislation forbidding women from crossing state lines to buy or sell
goods. will the statute be held constitutional?
a.yes, because congress has the power to regulate interstate commerce.
b.yes, because congress has not exceeded its enumerated power in enacting the
legislation.
c.no, because it conflicts with equal protection guarantee.
d.yes, because federal laws are always superior.
9) the elle corporation manufactures fingernail polish. suzy buys a container of elles
fingernail polish, applies it to her nails, and suffers a severe allergic reaction. she sues
elle under the implied warranty of merchantability. the test for determining whether
suzy will recover is whether:
a.the nail polish she bought was suitable for the needs of the average consumer.
b.the nail polish she bought properly performed its function of coloring ones nails.
c.such a reaction in an appreciable number of consumers was reasonably foreseeable.
d.the ingredient causing the reaction was foreign to the nail polish, or natural to it.
10) which of the following constrains the employee from divulging or using certain
information gained during his employment?
a.nonsolicitation agreement
b.nondisclosure agreement
c.noncompetition clause
d.deed of trust
11) which of the following is guaranteed by the sixth amendment?
a.the right to remain silent
b.the right to a speedy trial by an impartial jury
c.the right to refuse custodial interrogation
d.the right to refuse unreasonable searches
12) which of the following is most likely to be classed as an independent contractor
rather than an employee?
a.an assembly line worker
b.a lawyer who works as in-house counsel for a corporation
c.a franchisee of a fast-food chain
d.the president of a corporation
13) who amongst the following owes a fiduciary duty to the corporation?
a.directors
b.employees
c.shareholders
d.secretary of state
14) the limited partnership agreement of davos limited partnership has no clause on
partners who transfer their transferable interests. davos is the only general partner of the
limited partnership. there are five limited partners. two of them transfer their
transferable rights to their sons (one each). by consent of all the partners, the two
transferees are also made partners. how many limited partners does davos limited
partnership now have?
a.6
b.7
c.5
d.3
15) which of the following statements is true regarding a secured creditors disposition
of the collateral after the debtors default?
a.the debtor cannot redeem the collateral after his default.
b.the collateral must be disposed of by private sale.
c.the creditor may opt not to repossess the collateral and instead sue the debtor on his
underlying obligation.
d.if the proceeds realized from the sale of the collateral exceed the various expenses
that must be satisfied from those proceeds, the surplus goes to the creditor.
16) which of the following is least likely to create liability for the first form of invasion
of privacy (intrusion on personal solitude or seclusion)?
a.using binoculars to look from your apartment into a neighbors bedroom.
b.tapping someones telephone, because this is a nonphysical intrusion.
c.examining someones bank account.
d.examining public records concerning a person.
17) which of the following characteristics is not considered by the court to determine
the reasonableness of the risk?
a.magnitude of the foreseeable harm
b.social utility of the defendants conduct
c.social characteristics of the defendant
d.the defendants subjective mental state
18) _____ is a teleological ethical theory because it focuses on results by maximizing
total social welfare.
a.rights theory
b.kantian theory
c.deontological theory
d.profit maximization theory