M 11207

subject Type Homework Help
subject Pages 9
subject Words 1676
subject Authors Barry S. Roberts, Richard A. Mann

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page-pf1
Administrative agencies create more legal rules and adjudicate more controversies than
all the legislatures and courts combined.
a. True
b. False
Gary mails an offer to Brian on June Brian receives the offer on June Gary mails a
revocation of the offer on June Brian mails a letter of acceptance on June 18 and Gary
receives the acceptance on June Brian receives the revocation on June Was a contract
formed?
a. Yes, on June 16
b. Yes, on June 18
c. Yes, on June 20
d. No, the offer was revoked before acceptance
Darlene rents an car for her business trip. What is the relationship between Darlene and
the car rental company?
a. A bailment for the sole benefit of the bailor
b. A bailment for the sole benefit of the bailee
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c. A bailment for mutual benefit
d. Pledgee and pledgor
The Landrum-Griffin Act would protect against:
a. a union officer keeping a member from giving his opinion at a union meeting.
b. an employer forbidding union workers from meeting.
c. an NLRB representative influencing elections.
d. an employer requiring all its employees to be union members.
A company claiming rights in a trademark may use the TM designation even if the mark
is not registered.
a. True
b. False
page-pf3
A corporation is considered a citizen:
a. under the Fourteenth Amendment's "privileges or immunities" clause.
b. of the state of its incorporation or where it has its principal office.
c. of all states where it does business.
d. All of these.
The UCC applies to real estate mortgages and trust deeds since they are security
interests.
a. True
b. False
Although most statutory enactments relating to employment are federal laws, state
statutes sometimes cover areas of employment law.
a. True
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b. False
Invasion of privacy consists of:
a. appropriation.
b. intrusion.
c. public disclosure of private facts.
d. All of these are invasions of privacy.
The English statute of frauds and the Code's provision differ in language but have the
same basic legal effect: anoral contract for certain identified situations is void.
a. True
b. False
page-pf5
An express condition is usually preceded by such words as:
a. if.
b. because.
c. how.
d. All of these.
A proxy is effective until the shareholder revokes it.
a. True
b. False
Goods bearing a counterfeit mark may be destroyed without compensation to the owner
of the goods.
a. True
b. False
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If a confidential relationship exists between parties to a contract, the law presumes that
undue influence exists if it appears that the dominant party has gained at the other
party's expense, but the presumption can be rebutted by evidence that it was not
exercised.
a. True
b. False
The exemption from application of the Fair Housing Act applies to single-family homes
owned by private individuals who own fewer than four houses.
a. True
b. False
A sequence of previous conduct between a buyer and a seller, which may be regarded as
establishing an understanding for interpreting an agreement between the two parties, is
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known as:
a. good faith.
b. a course of dealing.
c. a course of performance.
d. usage of trade.
In general, an acceptance is effective upon dispatch.
a. True
b. False
Whether a person is an employee or an independent contractor makes a difference in
whether the principal has obligations under certain federal and state statutes.
a. True
b. False
page-pf8
Answer the following:
a. What are the two types of fraud and what is the effect of each on the contract
involved?
b. Give an example of each type of fraud.
c. What elements need to be proved to establish each type of fraud?
page-pf9
Physical compulsion and improper threats are the two basic types of duress.
a. True
b. False
In order to be the subject of a suit for copyright infringement, the copyright:
a. must be registered with the copyright office.
b. must be registered with the copyright office unless the work is a Berne Convention
work whose country of origin is not the United States.
c. must be registered with the copyright office before the infringement.
d. need not be registered under any circumstances.
page-pfa
All independent contractors are agents, but not all agents are independent contractors.
a. True
b. False
International courts have compulsory jurisdiction to resolve international disputes, and
they have the authority to resolve an international dispute even if the parties to the
dispute do not specifically accept the court's jurisdiction over the matter.
a. True
b. False
Under the UPC, a person must be what age to make a valid will?
a. Sixteen
b. Eighteen
c. Twenty-one
d. Age does not matter as long as the person is of sound mind and has the intent to make
a will.
page-pfb
When a draft is accepted by a bank, prior and subsequent indorsers are discharged.
a. True
b. False
AB, Inc. fires an employee and then, when asked for a reference on him, knowingly
makes some untrue statements which prevent him from finding a job. AB is liable for
defamation.
a. True
b. False
What Article of the UCC governs sales of goods?
a. 1
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b. 2
c. 3
d. None of these.
Defenses to intentional torts include:
a. self-defense and consent.
b. defense of others and consent.
c. self-defense and defense of property.
d. All of these are valid defenses.
It would NOT be a violation of Title VII of the Civil Rights Act of 1964 if an employer
refuses to hire an applicant for a job because the person is:
a. a Mormon.
b. a woman.
c. sixty-four years old.
d. Hispanic.
page-pfd
The Family and Medical Leave Act:
a. applies to private employers with 5 or more employees.
b. applies only to non-governmental employers.
c. allows up to twelve weeks per year of leave for childbirth, adoption, or serious health
conditions of a spouse, child, or parent.
d. states that the leave must be paid leave.
Renunciation is a statutory right of a surviving spouse to give up her statutory share in
the estate.
a. True
b. False
page-pfe
Which of the following is correct with regard to successive assignments of the same
right?
a. It is impossible for an assignor to assign the same right more than once.
b. In England, the first assignee to notify the obligor prevails.
c. The Restatement does not recognize the validity of any successive assignments.
d. The majority rule in the United States is that the first assignee to notify the obligor
prevails.
The seller's tender of performance does not have to conform to the Code's perfect tender
rule.
a. True
b. False
Jill contracted to purchase Kevin's automobile under the belief that she could sell it at a
profit to Linda, but after Jill bought the car, she found out that Linda isn't interested in
buying it. Jill:
a. cannot void the contract with Kevin.
b. can rescind the agreement with Kevin.
page-pff
c. could rescind the agreement with Kevin if she was mistaken in her estimate of the
value of the auto.
d. can sue Linda for detrimental reliance.

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