LWP 278 Test 1

subject Type Homework Help
subject Pages 9
subject Words 1176
subject Authors Henry R. Cheeseman

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For a gift promise to be enforceable, the promisee must offer a consideration.
Agents of an LLC (limited liability company) are not permitted to enter into contracts
on behalf of the LLC.
A friendly merger of two corporations is not considered an acquisition.
The Critical Legal Studies Schoolproposes that legal rules are unnecessary and are used
as an obstacle by the powerful to maintain the status quo.
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The paperwork that is filed with the court to initiate and respond to a lawsuit is referred
to as the pleadings.
In a meeting of the creditors, the bankruptcy judge questions the debtor.
The duty of loyalty requires directors and officers to subordinate their personal interests
to those of the corporation and its shareholders.
Which of the following is true of administrative agencies?
A) All administrative agencies directly answer to the president.
B) Administrative agencies can be created by federal, state, and local governments.
C) An existing administrative agency cannot administer a new law.
D) A separate administrative agency must be created to enforce each law.
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________ refers to jurisdiction that allows a plaintiff who obtains a judgment in one
state to try to collect the judgment by attaching property of the defendant located in
another state.
A) In rem jurisdiction
B) In personam jurisdiction
C) Private jurisdiction
D) Quasi in rem jurisdiction
Which of the following is an instance of a decision involving the Equal Protection
Clause being made on the basis of a rational basis test?
A) The government requires only men above the age of 18 to volunteer for military
service.
B) The government establishes a trust fund to provide financial aid to minority groups.
C) A state government employs measures to improve living conditions in the
reservations.
D) The government provides subsidies to farmers but not to carpenters or lumberjacks.
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The fraudulent making or alteration of a written document that affects the legal liability
of another person is called ________.
A) extortion
B) larceny
C) embezzlement
D) forgery
A(n) ________ is property that a debtor acquires post the execution of a security
agreement.
A) floating lien
B) after-acquired property
C) attachment
D) future advance
A panel of persons who are elected by the shareholders that make policy decisions
concerning the operation of a corporation is known as the ________.
A) legal aides
B) cartel
C) consortium
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D) board of directors
When the containers of a product are not tamperproof, it is termed as a ________.
A) defect in manufacture
B) defect in design
C) defect in packaging
D) failure to warn
Imposing a ban on public smoking can serve as an example of a law that adheres to the
________ School of jurisprudence.
A) Command
B) Sociological
C) Law and Economics
D) Analytical
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The ________ is a federal act that requires employers with one hundred or more
employees to give their employees sixty days' notice before engaging in certain plant
closings or layoffs.
A) Norris-LaGuardia Act
B) Labor Management Relations Act
C) Worker Adjustment and Retraining Notification Act
D) Labor Management Reporting and Disclosure Act
The term ________ refers to the oral testimony given by a party or witness prior to trial.
A) class action
B) deposition
C) interrogatory
D) intervention
A statement of opinion may be which of the following?
A) a type of guarantee
B) an affirmation of the value of the goods
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C) an implied assurance not expressly stated
D) an explicit description of the goods
Employees who choose not to strike or return to work after joining the strikers for a
period of time are known as ________ workers.
A) locked-out
B) wildcat
C) borderline
D) crossover
Jason orders one hundred remote-controlled toy cars from RyBy Toys. In the contract, it
is stipulated that RyBy Toys will transport the toy cars via FlyByNight, a national
carrier service. RyBy Toys makes the arrangements and hands over the toys to
FlyByNight without the remote-controllers. In the event that the goods are destroyed in
transit, which of the following parties would bear the risk of loss as per the sales
contract?
A) Jason would bear the risk of loss irrespective of the fate of the goods.
B) FlyByNight would bear the risk of loss as they had the responsibility to deliver the
goods.
C) RyBy Toys would bear the risk as they shipped nonconforming goods.
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D) The risk of loss would be shared between RyBy Toys and Jason.
Which of the following steps immediately follows the publication of the environmental
impact statement (EIS) for a proposed project?
A) the Congress has to pass a bill adopting the EIS
B) the nonprofit environmentalists are allowed access to the EIS
C) the government issues an order to proceed with a federal action on the project
D) the interested parties submit comments to the Environmental Protection Agency
(EPA)
A(n) ________ is established when one party licenses another party to use the first
party's trade name, trademarks, commercial symbols, patents, copyrights, and other
property in the distribution and selling of goods and services.
A) proprietorship
B) franchise
C) implicit contract
D) general partnership
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The termination of an agency contract in violation of the terms of the agency contract is
referred to as ________.
A) termination by an unusual change in circumstances
B) termination by impossibility of performance
C) terminated by operation of law
D) wrongful termination
An equitable trust that is implied by law to avoid fraud, unjust enrichment, and injustice
is defined as a ________.
A) constructive trust
B) testamentary trust
C) spendthrift trust
D) token trust
Which of the following torts constitutes battery?
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A) stealing a person's wallet
B) threatening to shoot a person
C) blackmailing a person
D) poisoning a person's drink
Which of the following statements is true of a life insurance?
A) The insurable interest need not exist at the time of insurance.
B) The insurable interest need not exist at the time of death or loss.
C) The beneficiary and the insured cannot be the same person.
D) The beneficiary and the insured must be bound by a relationship of blood.

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