If something must take place in the future, before a party to a contract has a duty to
perform, it is a condition subsequent.
Answer:
Louisiana is the only state in the United States that follows a partial civil law system
due to its historical ties with France, a civil law nation.
Answer:
The first known written set of laws was the Code of Hammurabi.
Answer:
The special reviewing court, located in Washington, D.C., hears appeals from special
courts such as the U.S. Claims Court and Contract Appeals as well as from
administrative decisions such as those made by the Patent and Trademark Office.
Answer:
Title II of the Jumpstart Our Business Startups (JOBS) Act of 2012 prohibits companies
to advertise or share publicly that they are seeking investments.
Answer:
Performance made before parties discuss their agreement counts as a valid
consideration.
Answer:
The Clean Air Act unambiguously bars cost considerations from the air quality
standards-setting process.
Answer:
The smallest unions in the United States represent teachers, government employees, and
service workers.
Answer:
The word sex in Title VII refers to whether someone is female, male, or transgendered.
Answer:
Courts will hold that an agency exceeds its authority if an analysis of legislative intent
confirms the view that the agency has gone beyond that intent, however noble its
purpose may be.
Answer:
The only way for a court to obtain personal jurisdiction over a defendant is to have that
person served with a summons.
Answer:
Fraud occurs when any material fact is omitted from a prospectus causing a statement
to be misleading.
Answer:
The right to an attorney exists in any cases where incarceration is a possible
punishment.
Answer:
Meiko ordered a ferret from an online pet store, Pet101. Before Pet101 can deliver the
ferret, the government bans the ownership of ferrets as pets. Now, Pet101’s contractual
obligation is excused due to impossibility of performance.
Answer:
The Sarbanes-Oxley Act limits personal loans from a company to its executives to one
loan of no more than $10,000, amortized over five years, at a time.
Answer:
The Federal Trade Commission issues industry guides, which must be followed by all
industries.
Answer:
A limited partner, even if he or she participates in management, cannot be held liable as
a general partner.
Answer:
A mediator cannot impose a binding solution on the disputing parties.
Answer:
An employer cannot file a petition for an election to invalidate certification of an
incumbent union.
Answer:
During the National Labor Relations Board’s (NLRB’s) certification of a union as the
bargaining agent for a group of employees, the general counsel of the NLRB needs to
prove that the employees read or understood the cards.
Answer:
The affirmative act of hiring for a discriminatory reason is illegal.
Answer:
A strict liability tort requires the plaintiff to show that a defendant injured what was
proper to a plaintiff through unreasonable behavior.
Answer:
In constitutional law, originalism is synonymous with constitutional relativity.
Answer:
Property law involves the recognition of exclusive right in both tangible and intangible
resources.
Answer:
In business, negligence can occur when employees cause injury to customers or others.
Answer:
Juries often decide close questions of liability, as well as size of the verdict, against
business organizations.
Answer:
The doctrine of part performance creates an exception to the requirement that sales of
interests in land must be in writing.
Answer:
The Age Discrimination in Employment Act requires an employer to prove a business
necessity in order to successfully defend an age discrimination case of disparate impact.
Answer:
If, through your own effort, you are able to recreate the same information that another
considers to be a trade secret, a misappropriation has occurred.
Answer:
The Public Company Accounting Oversight Board (PCAOB) permits auditing firms to
conduct a variety of nonauditing services.
Answer:
Ozone depleting chlorofluorocarbons and halons are no longer in production.
Answer:
The mere exchange of price information among competitors is likely to constitute a
Sherman Act violation.
Answer:
In most states, the courts impose strict liability in tort for types of activities they call
ultrahazardous.
Answer:
If a debtor overpays a creditor by $5,000, the debtor can force the creditor to return that
amount by suing under quasi-contract.
Answer:
Paying for the items purchased at a store and the store delivering the purchased items
simultaneously is an example of implied concurrent conditions of performance.
Answer:
In a federal court, the party who is dissatisfied with a jury’s verdict is limited to filing a
posttrial motion with the judge seeking a judgment notwithstanding the verdict.
Answer:
Tom has a back injury that required surgery in the past. He is able to work but has to
undergo periodic medical checkups and physiotherapy. If he leaves his current job and
moves to another company, he will receive medical coverage that includes coverage for
his treatment due to the provisions of the:
A. Family Medical Leave Act (FMLA).
B. Fair Labor Standards Act (FLSA).
C. Occupational Safety and Health Act (OSHA).
D. Health Insurance Portability and Accountability Act (HIPAA).
E. Uniformed Services Employment and Reemployment Rights Act (USERRA).
Answer:
An employment contract denies payment of a full month’s salary if an employee does
not clock in 160 hours of work. This is a(n) ______.
A. condition subsequent
B. concurrent condition
C. voluntary arbitration
D. implied condition
E. mandatory arbitration
Answer:
Misappropriation of a trade secret occurs when ______.
A. a person is able to recreate the same information that the other considers to be a
trade secret
B. a person recreates a product after looking at it and figuring out how it works or how
it is formulated
C. a person uses another’s trade secret and confidential information with authorization
D. a person improperly acquires secret information through burglary, espionage, or
computer hacking
E. a person uses his or her own knowledge and understanding to recreate what is
another’s trade secret
Answer:
The ______ encourages international trade by maintaining stable foreign exchange rates
and works closely with commercial banks to promote orderly exchange policies with
members.
A. World Bank
B. World Trade Organization
C. United Nations Commission on International Trade Law
D. International Monetary Fund
E. Convention on International Sale of Goods
Answer:
In a(n) ______, the shareholders are taxed only on income distributed.
A. limited partnership
B. corporation
C. limited liability company
D. sole proprietorship
E. S corporation
Answer:
What kinds of impairments are covered under the Americans with Disabilities Act
(ADA) and what are not?
Answer:
Who among the following is covered by the Americans with Disabilities Act?
A. Nina, who is a lesbian
B. Ryan, who suffers from a sexual behavior disorder
C. Daniel, who is a compulsive gambler
D. Sharon, who is diabetic
E. Sam, who is a kleptomaniac
Answer:
Viola hires Chris to purchase goods from Liferunner Shoes, a local sportswear store.
She sends a note along with Chris to be delivered to the manager at Liferunner Shoes to
charge her store for the goods purchased by Chris. Chris is to purchase goods on behalf
of the store for the first time. In this case, the contractual authority thus created is a
form of ______.
A. apparent authority
B. implied authority
C. verbal authority
D. actual authority
E. passive authority
Answer:
The ______ is most likely to be applied when the legislators have gone too far in
seeking to achieve a goal.
A. overreaching doctrine
B. overstretching doctrine
C. overextension doctrine
D. overbreadth doctrine
E. doctrine of nullification
Answer:
Silas suffers from mesothelioma, a disability directly linked to exposure to asbestos at
the power plant that he worked in. The power plant had not given prior notice to the
Environmental Protection Agency (EPA) regarding the usage of asbestos. Which law
has been violated by the power plant where Silas worked?
Answer:
Which of the following statements is true of the effect of the group on ethics in a
corporate organization?
A. Individuals hardly do unethical things when they are part of a group.
B. Coupled with an overemphasis on profit, the group effect reduces the difficulty of
achieving an ethical business corporation.
C. Individuals in groups may feel a diminished sense of responsibility for actions taken,
which invites ethical compromise.
D. In corporate life, it is difficult to overlook the unethical behavior of a superior when
many fellow employees are also overlooking it.
E. Individuals feel more responsible for what happens in a group than in their individual
lives.
Answer:
Due diligence defense requires that an expert prove that a reasonable investigation of
the financial statements of the issuer and ______ was conducted.
A. sellers
B. bailees
C. underwriters
D. controlling persons
E. guarantors
Answer:
Any transaction or event knowingly committed by a conspirator in an attempt to
accomplish some object of the conspiracy is called an ______.
A. arson
B. oblique act
C. overt act
D. obligatory act
E. assault
Answer:
Which of the following statements is true of a nolo contendere plea?
A. It excuses a defendant from jail sentence.
B. It allows the prosecutors to bring forth a civil and a criminal suit against the
defendant.
C. It imposes the cost of the trial on the defendant.
D. It avoids criminal convictions that may provide a basis for civil suits.
E. It is referred to as a plea of absolute contest.
Answer:
Meril is a luxury bag brand that has its own distinctive pattern. The company recently
learned that another retailer has been selling fake Meril bags. The legal dispute that will
arise here is most likely to be governed by _____.
A. administrative law
B. constitutional law
C. property law
D. criminal law
E. contract law
Answer:
Which of the following statements is true of the legislature in influencing decisions in
an administrative agency?
A. It has the power to limit appropriation of funds to the agency.
B. It cannot abolish an administrative activity.
C. It is beyond its scope to advise and amend procedural requirements for the agency’s
adjudications.
D. It has very little control over the administrative process of an agency.
E. It takes decisions independently, without any consultation with the executive branch.
Answer:
_____ covers the legal principles that apply to government agencies, bureaus, boards, or
commissions.
A. Administrative law
B. Constitutional law
C. Tort law
D. Criminal law
E. Contract law
Answer:
The ______, passed by the European Parliament in 1995, mandates that companies may
collect personal information only with consent, keep it only as long as necessary, and
transfer to third parties only with permission.
A. Safe Harbor Directive
B. Encryption Networks Directive
C. Data Protection Directive
D. Information Transfer Safety Directive
E. Information Network Directive
Answer:
Which of the following is true of administrative agencies?
A. The actual regulatory activity is performed by administrative agencies.
B. Administrative agencies that issue rules having impact of laws are called
quasi-judicial agencies.
C. State and local governments do not have administrative agencies.
D. Administrative agencies with quasi-executive authority make decisions like a court.
E. Administrative agencies license and regulate intrastate transportation.
Answer:
The process of requesting and transporting a prisoner from one state to another is called
_____.
A. res judicata
B. garnishment
C. execution
D. ratio decidendi
E. extradition
Answer:
Double jeopardy means
A. committing the same crime twice.
B. the prohibition of trials of the same crime in state and federal courts.
C. losing the trial and the appeal in the same case.
D. being arrested twice for gambling.
E. being tried for the same crime twice.
Answer:
Which of the following is an order that an agency imposes on a violator to stop an
objectionable activity and refrain the violator from any further violations?
A. consent order
B. cease and desist order
C. preliminary order
D. commission order
E. assignment order
Answer:
Barry, the CEO of Trenton Corp., claims that their competitor, BMN Inc., simply
produces a modified version of Trenton’s product. He also publicly claims that BMN’s
products are poor in quality. If the claims made by Barry are untrue, BMN Inc. can sue
Barry for the tort of ______.
A. fraud
B. injurious falsehood
C. battery
D. larceny
E. malicious prosecution
Answer:
Which of the following statements is true of the roles of a lawyer in U.S. courts?
A. A lawyer cannot testify against a client unless called to do so at a trial.
B. A lawyer is often actively involved in the personal decisions of a client.
C. A lawyer is obliged to reveal everything that is material to a case being tried.
D. A lawyer’s first duty is to a client.
E. A lawyer applies the law to the facts.
Answer:
A _____ suit is one in which one or more plaintiffs file suit on their own behalf and on
behalf of all other persons who may have a similar claim.
A. quasi-strict
B. class-action
C. small-claims
D. garnishment
E. respondent
Answer:
If a defendant does not respond to a complaint by the date provided in the summons in
any way, the court is most likely to enter an order of _____.
A. judicial restraint
B. stare decisis
C. discovery
D. voir dire
E. default
Answer:
In classifying collective bargaining subjects, especially in the area of terms or
conditions of employment, courts tend to defer to the special expertise of the ______.
A. Department of Labor
B. Department of Commerce
C. National Labor Relations Board
D. Federal Trade Commission
E. Department of the Interior
Answer:
Ruth is visiting her granddaughter Marcy and decides to give Marcy her very expensive
cameo brooch. The brooch, an heirloom, has been in the family for over 100 years and
is the only item in a safe in Ruth’s home. Ruth offers the brooch to Marcy who accepts
it. Ruth then gives Marcy the only key to the safe. According to the information given,
which of the following statements is true?
A. This is not a valid gift because there has been no delivery.
B. This is a valid gift because the gift is a physical entity.
C. This is a testamentary gift, and Marcy can claim the gift only after Ruth’s death.
D. This is a valid gift because there has been a constructive delivery.
E. This is not a valid gift because Ruth must provide a document for chain of custody.
Answer:
In a state court, the party who is dissatisfied with a jury’s verdict is most likely to file a
posttrial motion with the judge seeking _____.
A. a judgment as a matter of law
B. res judicata
C. a judgment notwithstanding the verdict
D. voir dire
E. peremptory challenge
Answer:
Under the Wagner Act, any organization of employees must
A. be completely independent of their employers.
B. be approved by their employers.
C. have an established meeting place at their place of employment.
D. have equal access to company equipment and support staff.
E. be established on the recommendation of the Department of Labor.
Answer:
Which of the following statements is true of the Federal Insecticide, Fungicide, and
Rodenticide Act?
A. It requires the registration and labeling of agricultural pesticides.
B. It requires the licensing of operators using pesticides.
C. It prohibits the use of pesticides near schools.
D. It takes into account the economic and environmental costs and benefits of the use of
any pesticide, but neglects the social impact.
E. It applies to pesticides that U.S. manufacturers ship to foreign countries.
Answer:
According to the Securities Act of 1933, an issuer of securities who complies with the
federal law must prepare a(n)
A. issuer’s statement.
B. registration statement.
C. licensing agreement.
D. statute of limitations.
E. secured promissory note.
Answer:
Courts throughout the United States have uniformly upheld mandatory arbitration
statutory schemes as against the constitutional challenges where a dissatisfied party can
__________.
A. appeal against an award directly to the state Supreme Court
B. appeal against an award directly to the U.S. Supreme Court
C. reject an award and seek a review in the appropriate trial court
D. sue the arbitrator involved in the procedure
E. ignore the disputed award as it is not legally binding
Answer:
While applying for a loan, Hilary intentionally omits the fact that she declared
bankruptcy recently and still has bad debts. The bank processes the loan based on the
information provided by her. What type of tort has Hilary committed?
Answer:
Manuel and Janice enter into an oral contract which states that Janice will sell her house
to Manuel. Manuel makes a partial payment to Janice as per the contract. When Janice
vacates the house, Manuel hires a contractor to build a fence around the backyard to
ensure security. However, Janice revokes her offer saying that a third party is paying a
higher price for the house, and her offer to Manuel was not in written form. Manuel,
who has spent $5,000 on the fencing, decides to sue Janice. Analyze the case.
Answer:
Briefly explain the concept of predatory conduct in trade.
Answer:
Why are those who believe in judicial restraint against constitutional issues decided by
courts unless absolutely necessary?
Answer:
Sidney Carton, owner of a fee simple land, makes the grant of his land “to Lucie
Manette for life, then at the death of Lucie Manette, to her children in equal share.” At
the time of the grant, Sidney Carton has no children or heirs of his own. What interests
have been created by this land grant?
Answer:
What is constitutional relativity? How does it affect stare decisis?
Answer:
In the context of the social contract theory, explain the ethical principles proposed by
John Rawls.
Answer:
What is the primary function of the Federal Trade Commission?
Answer:
Distinguish between holding and dicta in prior precedent.
Answer:
How do administrative agencies function to provide services?
Answer:
What are some of the things an employer can do to protect himself or herself from a
lawsuit concerning employment?
Answer:
On what basis can a court issue a search warrant to a police officer?
Answer:
Briefly explain conflicts of law.
Answer:
What is the difference between affirmative action and the setting of quotas?
Answer:
What is the exclusive remedy rule?
Answer: