1) which of the following doctrines often proves helpful to plaintiffs who bring a
product liability lawsuit alleging negligence?
a.res judicata
b.res ipsa loquitur
c.caveat venditor
d.caveat emptor
2) one day, jon carelessly left a rake next to the sidewalk when he went to lunch. deb, a
customer of the bank, stepped on the rake as she walked next to the sidewalk and was
injured. which statement is most likely correct?
a.the bank is liable for debs injuries.
b.the bank is not liable for debs injuries, because she should have used due care.
c.the custodian is liable for debs injuries but not the bank.
d.the bank is not liable for debs injuries because the rake was a latent defect.
3) price signed a contract to sell wyatt a parcel of land for $90,000. the entire sales price
was payable at the closing. price has decided to keep the land. if wyatt commences an
action against price, what relief is wyatt most likely to receive?
a.specific performance
b.compensatory damages and specific performance
c.punitive damages
d.compensatory damages and punitive damages
4) carol is the only general partner in abc limited partnership. she contributes $50,000
in capital. wayne and hosek are the only limited partners. wayne contributes $25,000 in
capital, and hosek contributes $25,000 in capital. abc suffers a loss of $5,000. what is
hoseks share of the loss?
a.$1,250
b.$2,500
c.$5,000
d.$0
5) the model business corporation act (mbca) was prepared and authorized by the:
a.federal government.
b.state governments, acting together.
c.state governments, acting separately.
d.american bar associations committee on corporate laws.
6) bony corp. requires retailers and wholesalers that purchase bonys $200 video cassette
recorders to purchase $20-worth of blank bony videotapes with each vcr. under these
circumstances, which of the following statements is accurate?
a.bonys tying requirement will be deemed legal by the courts because it provides a great
value proposition for end users.
b.the competitive harm in this case would be to bonys competitors in the sale of video
cassette recorders.
c.that bony is the market leader in the vcr market is a relevant factor insofar as the
legality of bonys tying requirement is concerned.
d. evidence that almost all of bonys vcrs sold last year were part of the tying agreement
would be helpful to bony if it were sued under section 1 of the sherman act.
7) what distinguishes a joint tenancy from a tenancy in common?
a.marriage between tenants
b.right of survivorship
c.an easement by reservation
d.a bargain and sale deed
8) which of the following is most important in determining who bears the risk of loss in
a sale of goods contract?
a.the shipping terms.
b.the agreement between the parties.
c.one who has title to the goods.
d.one who has possession of the goods.
9) john received a check from his employer marked pay to the order of john jones. john
used this check to pay for groceries from abc foods. he wrote on the back of the check:
pay to abc foods, for groceries. was this check properly negotiated?
a.no, because the statement that the check was for payment to abc foods defeats this
negotiation.
b.no, because john did not indorse the check.
c.yes, because john transferred possession of the check and abc foods acted in good
faith.
d.yes, because a holders signature is not always needed in order to negotiate a check.
10) which of the following may contain an affirmative defense?
a.summons
b.interrogatory
c.complaint
d.answer
11) a(n) _____ is a gift of personal property or money.
a.estate
b.bequest
c.will
d.deed
12) which of the following means that the buyer can require the seller to give the buyer
the exact goods covered by the contract?
a.specific performance
b.trade usage
c.implicit guarantee
d.trade warranty
13) incorporation by reference refers to:
a.the specification of heirs in a will without naming them, e.g., to my children.
b.the necessity that witnesses to a will do not benefit from it in any way.
c.the inclusion of extrinsic documents in a will.
d.the requirement that a will is executed according to state law.
14) assume that an applicable state statute makes it a crime for a private citizen to
possess a machine gun. for approximately three weeks, officer roy holt had had
probable cause to believe that alex hood, a private citizen, possessed an arsenal of
machine guns in his apartment. acting on this probable cause but without a warrant, holt
knocked on the door of hoods apartment and asked hood if he could come in to talk to
him. hood let holt in. then, without hoods consent, holt began searching the entire
apartment. holt found several machine guns in the bedroom closet. he arrested hood for
an alleged violation of the statute mentioned above. in a pretrial motion, hoods attorney
has asked that the court apply the exclusionary rule and suppress the evidence yielded
by holts search of hoods apartment. should the evidence be suppressed?
a.no, because holt had probable cause to believe that hood had the machine guns in his
apartment.
b.yes, because the unconsented search did not fall within the exceptions to the general
rule that warrantless searches are unreasonable.
c.no, because hood voluntarily allowed holt to enter the apartment and because the
machine guns were in plain view in the closet.
d.yes, because the search, though warrantless, was conducted by an officer who was
acting to further the publics safety.
15) which of the following is an express or implied promise about the nature of the
product sold?
a.warranty
b.caveat
c.advertisement
d.license
16) when the offeror, as the master of the offer, specifies the precise time, place, and
manner in which acceptance must be communicated, it is termed as _____.
a.documentation
b.authentication
c.stipulation
d.notification
17) which of the following is a principals duty to his agent?
a.duty of confidentiality
b.duty not to receive a material benefit
c.duty of segregation
d.duty to reimburse
18) which of the following is generally true regarding sexual harassment suits under
title vii?
a.employers are vicariously liable for sexual harassment by supervisory and
nonsupervisory employees of the organization.
b.the employee must show a tangible job detriment such as a firing or the denial of a
promotion, or she will lose the case.
c.in all sexual harassment cases, the alleged harassment must be unwelcome or the
employee will not recover.
d.all the courts agree that same-sex sexual harassment violates title vii.