The Bill of Rights establishes the United States as a federal nation and divides power
between the center and the states.
Nominal damages are awarded when no financial loss resulted from the breach.
Any state or local law that unduly burdens foreign commerce is considered to be in
violation of the Foreign Commerce Clause.
A surviving spouse in a tenancy by the entirety has the right of survivorship.
Strict performance by a party discharges that party’s duties under the contract.
Surplus money obtained from a foreclosure sale must be given to the mortgagor.
Bankruptcy proceedings are carried out at special U.S. Bankruptcy Courtscreated by the
Congress.
In an output contract, the buyer agrees to make all of its purchases from one buyer.
An unconscionable contract can be enforced if the unconscionable clause is removed.
Which of the following is true of the equity doctrine?
A) Equityis resorted to when an award of money damages would not be the proper
remedy.
B) In an action in equity, a jury decides the equitable issue.
C) An equitable action could be tried with a judge or a jury.
D) The doctrine of equity cannot be applied in contract cases.
Which of the following would be considered an example of shaping moral standards, as
seen as a function of the law?
A) laws granting freedom of speech and religion
B) laws discouraging drug and alcohol abuse
C) laws providing rights to peaceful protest
D) laws preventing overthrow of a government
Melissa Harrison, a realtor, sells a house to the Smiths. Before the sale is finalized, Mr.
Smith asks Melissa for details of repairs the house has undergone over the years.
Melissa gives him details of minor repairs but hides all documents regarding a major
plumbing defect that was repaired last year. Three months after the Smiths moved in,
the defect reappeared flooding the first floor, damaging their expensive carpet and
furniture. Melissa is liable for which of the following frauds?
A) fraud in the inception
B) fraud in the inducement
C) fraud by concealment
D) fraud in the factum
Insureds who want to increase their liability coverage beyond the original coverage can
purchase a(n) ________.
A) umbrella insurance
B) life insurance
C) business insurance
D) fire and homeowners’ insurance
Which of the following elements constitutes an affirmative defense by an employer to a
claim of sexual harassment at the work place?
A) The employee was harassed by other employees who are no longer employed by the
employer.
B) The employer had no knowledge about the sexual harassment faced by the
plaintiff-employee until a court notice was served on the employer.
C) The employee failed to take advantage of any preventive or corrective opportunities
provided by the employer.
D) The employee misinterpreted words or actions by the employer or his employees
which were not intended to be sexual harassment.
Which of the following provisions protects the interest of a joint tenancy upon the death
of a joint tenant?
A) the quiet title action
B) the estate in land
C) the right of survivorship
D) the quitclaim deed
Which of the following is true of licenses?
A) A license grants the licensee complete control over intellectual property.
B) An exclusive license is granted to only one licensee for a specific period.
C) A licensee has complete control over the information he or she is allowed to access.
D) A licensee has the right to use information rights beyond the licensor’s control.
The Federal Trade Commission which enforces federal antitrust and consumer
protection laws is an example of a(n) ________.
A) independent federal administrative agency
B) government-aided organization
C) law enforcement agency
D) cabinet-level federal department
Roger Ray runs a motel in a rented property and sublets a part of its garage to the owner
of a nearby fuel station. Three months later, the motel catches fire from a fuel leak in
the garage and Roger suffers severe damages. If Roger owns a standard fire insurance
policy for years, the insurer can use the ________ to refuse covering the damage caused
by the fire.
A) deductible clause
B) exclusions from coverage clause
C) incontestability clause
D) copay clause
________ refers to the integration made by express reference in one document that
refers to and incorporates another document within it.
A) Implied integration
B) Incorporation by reference
C) Executory contract
D) Merger clause
John was driving his friend, Mary, back to her home in his new car. On the way to
Mary’s home, the car’s brakes malfunctioned and they got into an accident. Which of
the following is true in this situation?
A) Mary can recover from a strict liability lawsuit against the manufacturer of John’s
car.
B) Mary can file a strict liability lawsuit against John.
C) Mary can file a negligence lawsuit against the dealership that sold John his car.
D) John can file a negligence lawsuit against the dealership from which he bought the
car.
Which of the following are responsible for enforcing specific administrative statutes
enacted by Congress?
A) independent federal administrative agencies
B) state administrative agencies
C) law enforcement agencies
D) cabinet-level federal departments
Personal property that is permanently affixed to land or buildings is called a(n)
________.
A) chattel
B) fixture
C) attachment
D) lien
Which of the following is true of the Equal Pay Act?
A) It protects both sexes from pay discrimination based on sex.
B) Federal workers are covered under the Equal Pay Act.
C) Employees cannot bring a private cause of action against an employer for violating
the Equal Pay Act.
D) An employer who has violated the Equal Pay Act must lower the wages of
employees whose wages had been increased.
Which of the following contracts is required to be in writing in most states?
A) contracts for the sale of goods for $100
B) contracts for the lease of goods with payments of $500
C) promises to write a will
D) contracts falling under the promissory estoppel
From the following, identify an example of codified law in the United States?
A) judicial rulings
B) federal statutes
C) treaties
D) executive orders