What party(ies) is/are involved in a suretyship relationship?
a. The principal debtor.
b. An ancillary bailee.
c. Principal bailee.
d. All of the above.
In the Brentwood Academy v. Tennessee Secondary School Athletic Association case, the
U.S. Supreme Court held that:
a. state action may be found only if there is such a close nexus between the state and the
challenged action that seemingly private behavior may be fairly treated as that of the
state itself.
b. as an express conclusion of law, public school officials do not necessarily act within
the scope of their duties when they represent their institutions.
c. the Association is an organization of natural persons acting on their own.
d. the Association had a majority of private school memberships which prevented the
action of the Association from being considered state action.
Bailey attended an auction and bid $150 on an antique dresser. No one else made a
higher bid. Discuss the effect of (a) the designation that the auction is without reserve,
(b) the advertisement that the auction is with reserve, and (c) the lack of any
announcement or advertisement as to whether the auction is with or without reserve.
Which of the following is true under the Anti-counterfeiting Amendments Act of 2004?
a. A court may increase a damage award by three times the amount that would
otherwise be awarded if a copyright violation occurs within three years of a judgment
for a previous violation.
b. Counterfeit trademarks are redefined.
c. Copyright protection was extended for ten years to safeguard mask works embodied
in a semiconductor chip product.
d. It amended the Lanham Act to extend protection to the owner of a trademark or
service mark from any person who, with a bad faith intent to profit from the mark,
registers, traffics in, or uses a domain name which is identical to or confusingly similar
to a distinctive mark.
If a Middle Eastern culture and the American culture differ as to the morality of a
particular action, under ethical relativism:
a. both cultures can be correct.
b. the action should be assessed to determine whether the action produces more net
pleasure compared with net pain.
c. a cost-benefit analysis should be conducted to determine the relative economic
efficiency of the action.
d. the action should be viewed through a ‘veil of ignorance’ to determine whether it is
ethical.
An involuntary bankruptcy petition, even if contested by the debtor, may still result in
an “order for relief” if:
a. the debtor generally is not paying his admitted debts as they come due.
b. the debtor failed to pay three or more debtors whose total debts equal $5,000.
c. a custodian was appointed within 120 days before the filing of the petition.
d. Both (a) and (c).
The Code provides an exception to the executory promise rule in which of the
following situations?
a. The giving of a negotiable instrument.
b. The making of an irrevocable obligation to a third party.
c. Lack of notice.
d. Both (a) and (b).
NAFTA’s objectives include to:
a. create trade barriers between the U.S., Mexico, and Canada.
b. increase investment opportunities.
c. enforce real property rights.
d. All of the above.
In which of the following situations is restitution available as a remedy?
a. As an alternative remedy for a party injured by breach.
b. For a party in default.
c. For a party who may not enforce the contract because of the statute of frauds.
d. All of the above.
If a copyright is willfully infringed, the owner may ask for and receive which of the
following remedies?
a. Rescission and restitution.
b. Punitive damages.
c. Injunction.
d. Both (a) and (c).
The power to take private property for public use is known as:
a. allocation.
b. eminent domain.
c. after-acquired title.
d. enabling.
Contract remedies are available to protect which of the following interests of the injured
parties?
a. Restitution.
b. Expectation.
c. Reliance.
d. All of the above.
In Burlington Northern & Santa Fe Railway Company v. White, the court ruled:
a. the substantive provision of Title VII seeks to prevent harm to individuals based on
their conduct.
b. the anti-retaliation provision of Title VII protects an individual not from all
retaliation, but from retaliation that produces an injury or harm.
c. reassignment of job duties is automatically actionable as a retaliation under Title VII.
d. the jury’s conclusion that the 37-day suspension without pay was materially adverse
was unreasonable.
The decision of an arbitrator is called a(n):
a. verdict.
b. judgment.
c. award.
d. binding decision.
Which of the following is true regarding noncompliance with the statute of frauds?
a. The basic legal effect under the statute of frauds and the UCC differs.
b. The statute of frauds applies to executed and executory contracts.
c. A party to a contract which was unenforceable because of the statute of frauds but
who relied upon the contract may recover in restitution the benefits he conferred on the
other party.
d. The doctrine of promissory estoppel cannot displace the requirement of a writing
under a statute of frauds.
Willful violations of the Securities Act of 1933 are subject to a fine of not more than
__________ and/or imprisonment of not more than __________ or both.
a. $5,000; one year
b. $10,000; five years
c. $100,000; five years
d. $250,000; ten years
Match each statement with the correct term below.
a) Mental fault; the mental element of a crime.
b) A person who enters or remains on the land of another without permission or
privilege to do so.
c) The nonmental elements of a crime, including the wrongful, physical act.
d) Unauthorized use of a person’s name or likeness for his own benefit.
e) Liability for nonintentional and nonnegligent conduct.
f) The duty of care required to avoid being negligent; fictitious individual who is always
careful, diligent, and prudent.
g) The provision in the Constitution stating that within its sphere, federal law in
conformity with the Constitution is supreme, and in cases of conflict, state law must
yield.
h) A defense to a crime that arises when a law enforcement official induces a person to
commit a crime when that person would not have done so otherwise.
i) Publication of false statements resulting in harm to another’s business or monetary
interest.
j) The crime of fraudulently taking the property of another by one who was in lawful
possession of the property.
k) The crime of entering a building with intent to commit a felony.
l) Injury to a person’s reputation by the publication of false statements.
m) A person privileged to enter or remain on land by virtue of the consent of the lawful
possessor.
n) A serious crime punishable by death or imprisonment in a penitentiary.
o) An intervening event that occurs after the defendant’s negligent conduct and relieves
him of liability.
p) The nontrespassory invasion of another’s interest in the private use and enjoyment of
his land.
q) A crime that is wrong in itself or morally wrong, such as murder.
r) The intentional infliction of harmful or offensive bodily contact.
s) Immunity from tort liability.
t) Conduct which falls below the standard established by law for the protection of
others against unreasonable risk of harm.
u) A plaintiff’s express or implied consent to encounter a known danger.
v) Intentional exercise of dominion or control over another’s personal property.
w) A federal statute intended to stop organized crime from infiltrating legitimate
businesses.
x) A hearing at which the accused is informed of the crime against him and he enters a
plea.
y) Rule that permits the jury to infer both negligent conduct and causation.
41) Supremacy Clause
56) trespasser
57) appropriation
58) superseding cause
59) reasonable person
60) assumption of risk
61) conversion
62) burglary
63) entrapment
64) disparagement
65) RICO
A court may dissolve a corporation in a proceeding brought by a shareholder when:
a. the corporate assets are being misapplied.
b. the directors are deadlocked and the shareholders are unable to break the deadlock.
c. the shareholders are deadlocked and have failed to elect directors for at least two
consecutive annual meetings.
d. All of the above.
Claims of unequal pay for jobs of comparable worth may be brought under:
a. Title VII.
b. the Equal Pay Act.
c. OSHA.
d. Such claims may be brought under all of the above.
David, Ed, and Fred are partners in the DEF partnership. The partnership is being
dissolved, having $200,000 in assets and owing $410,000 to creditors. David
contributed $100,000 in capital; Ed contributed $50,000 in capital; and Fred contributed
$25,000 in capital. Profits are shared equally. Which of the following is correct with
regard to the responsibility of each partner under the UPA?
a. The partners will bear losses equally.
b. The partners will bear losses in the proportion of their relative capital contributions.
c. If Ed refuses to contribute to covering the loss and he is out of the jurisdiction, David
and Fred must contribute the additional amount necessary to pay DEF’s liabilities in the
relative proportion of their capital contributions.
d. Both (b) and (c).
Under the common law as well as most statutes, __________ is larceny with the
additional elements that the property is taken from the victim or in the immediate
presence of the victim and the act is accomplished through either force or threat of
force.
a. burglary
b. extortion
c. bribery
d. robbery
Codicils will not be valid if executed and attested.
An aggrieved seller who resells wrongfully rejected goods is accountable to the original
buyer for any profit made on the resale.
Ray is informed that his six-year-old child is shooting in the street with a .22 rifle. Ray
fails to take the gun away from the child. The child unintentionally shoots Bill, a
pedestrian. Ray is liable to Bill.
Define undue influence and name some of the relationships that would be affected.
The Code excuses performance based upon commercial impracticability.
Once a shareholder sells the stock of the corporation, since the ownership of the
corporation changes, a new corporation is formed.
It is per se illegal under the Sherman Act for sellers to agree to a maximum price, but
not a minimum price.
Under the RUPA, any partner by himself has the power to dissolve a term partnership
by giving notice to the other partners.