1.
|
__________________ is not one of basic concepts of law N/A
|
|
What is right
|
|
Custom
|
|
Usage
|
|
Command
|
|
|
|
2.
|
Federal court systems do not include N/A
|
|
Court of claims
|
|
District court
|
|
Clay court
|
|
Court of appeals
|
|
|
|
3.
|
Beth, an employee of City Bank, is charged with embezzlement, which requires N/A
|
|
Fraudulently appropriating another's property
|
|
Obtaining lawful possession of property
|
|
Physically taking property from its owner
|
|
The use of force or fear.
|
|
|
|
4.
|
A breach of societal duty is known as N/A
|
|
Justice
|
|
Claim
|
|
Tort
|
|
Avoidance
|
|
|
|
5.
|
Elements necessary for a recovery of damages based on deceit include all except N/A
|
|
Misrepresentation
|
|
Intentional and recklessness
|
|
Intended to mislead and induce action
|
|
Avoidable
|
|
|
|
6.
|
Delta Services (DS) is an Internet service provider. On a DS online bulletin board, Ben, a DS customer, posts a defamatory remark about Beta Company. Beta could successfully file a suit against N/A
|
|
DS only.
|
|
Ben only.
|
|
DS or Ben.
|
|
Beta.
|
|
|
|
7.
|
Contracts may not be N/A
|
|
Exclusive
|
|
Inclusive
|
|
Grand slam
|
|
Unilateral
|
|
|
|
8.
|
Offers may be terminated in all except N/A
|
|
By provision in the offer
|
|
By proxy
|
|
By expiration of time
|
|
By revocation
|
|
|
|
9.
|
Kay and Lucy enter into a contract that falls within the provisions of the UETA. Under the UETA, “an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record” is N/A
|
|
An e-document
|
|
An e-signature
|
|
An e-transaction
|
|
A record
|
|
|
|
10.
|
On September 27, Summers sent Fox a letter offering to sell Fox a vacation home for $150,000. On October 2, Fox replied by mail agreeing to buy the home for $145,000. Summers did not reply to Fox. Do Fox and Summers have a binding contract? N/A
|
|
No, because Fox failed to sign and return Summers's letter.
|
|
No, because Fox's letter was a counteroffer.
|
|
Yes, because Summers's offer was validly accepted.
|
|
Yes, because Summers's silence is an implied acceptance of Fox's letter.
|
|
|
|
11.
|
If an acceptance by mail was authorized, it becomes effective when it is deposited in the mail. T F N/A
|
|
|
|
12.
|
Fraud is a(n) ______________ misrepresentation of a material fact made with the intent to induce another to rely on it. N/A
|
|
Unjust
|
|
Unfair
|
|
Intentional
|
|
Dishonest
|
|
|
|
13.
|
Reality of consent does not cover N/A
|
|
Fraud
|
|
Bad judgment
|
|
Undue influence
|
|
Ambiguity in negotiations
|
|
|
|
14.
|
For a promise to be enforceable by court action it must be N/A
|
|
Supported by consideration
|
|
Supported by default
|
|
Supported by possession
|
|
Supported by utilization
|
|
|
|
15.
|
Capacity is the ability N/A
|
|
To issue verbal statements
|
|
To perform legally valid acts
|
|
To make promises
|
|
To incur debt
|
|
|
|
16.
|
Situations that produce illegal contracts include all of the following except N/A
|
|
Violation of positive law
|
|
Made void by statute
|
|
Contrary to public opinion
|
|
In reality of consent
|
|
|
|
17.
|
Illegal contracts are generally void. T F N/A
|
|
|
|
18.
|
In collateral contracts the party’s performance is required only N/A
|
|
In oral contracts
|
|
In filing bankruptcy
|
|
Upon default of another promisor
|
|
Upon default of an illegal act
|
|
|
|
19.
|
Assignor’s liability to assignee implies warranties are all except N/A
|
|
Claim is valid
|
|
Parties have capacity to contract
|
|
Claim is not void
|
|
Claim has been discharged
|
|
|
|
20.
|
Performance of a contract becomes impossible in all except N/A
|
|
Death
|
|
General poor health
|
|
Illegality
|
|
Destruction of subject matter
|
|
|
|
21.
|
Types of damages do not include N/A
|
|
Compensatory
|
|
Consequential
|
|
Reasonable notice of cancellation
|
|
Liquidated
|
|
|
|
22.
|
The relinquishing of rights under a contract is known as a “waiver”. T F N/A
|
|
|
|
23.
|
Forming an agency relationship requires that N/A
|
|
Both the principal and agent consent to the agency
|
|
The agreement between the principal and agent be supported by consideration
|
|
The principal and agent not be minors
|
|
The agent's authority be limited to the express grant of authority in the agency agreement
|
|
|
|
24.
|
Major classifications of agency do not include N/A
|
|
Husband and wife
|
|
Master and servant
|
|
Employer and employee
|
|
Principle and agent
|
|
|
|
25.
|
A minor may not appoint and act through an agent. TF N/A
|
|
|
|
26.
|
The agent is under a duty not to N/A
|
|
Commingle the money or property with his own
|
|
Use the principals money while in his possession
|
|
Use the principles property while in his possession
|
|
Failure to take due and diligent care
|
|
|
|
27.
|
Generally, an agency relationship is terminated by operation of law in all of the following situations except the N/A
|
|
Principal's death
|
|
Principal's incapacity
|
|
Agent's renunciation of the agency
|
|
Agent's failure to acquire a necessary business license
|
|
|
|
28.
|
Which one of the following is not a characteristic of partnerships N/A
|
|
Easily to organize
|
|
Inexpensive
|
|
Free from special state regulations and tax
|
|
Exempt from profit and loss sharing
|
|
|
|
29.
|
A partner may not sue another partner or the partnership. T F N/A
|
|
|
|
30.
|
Corporations may not include N/A
|
|
For profit
|
|
Not for profit
|
|
Government bureaus
|
|
sö chapter corporations
|
|
|
|
31.
|
The corporation has a legal existence separate from that of its owners. T F N/A
|
|
|
|
32.
|
Under the Model Act a corporation must have N/A
|
|
At least six directors
|
|
At least two directors
|
|
At least three directors
|
|
At least ten directors
|
|
|
|
33.
|
A corporation may be held guilty of committing crimes. T F N/A
|
|
|
|
34.
|
“Blue sky” laws seek to protect investors from N/A
|
|
Excessive profits and losses
|
|
Operating on legal holidays
|
|
Fraud and other harm
|
|
Bonded sales agents
|
|
|
|
35.
|
_______________ is not one of the factors that determine shareholder’s voting rights. N/A
|
|
State corporation statutes
|
|
Board of directors
|
|
Articles of incorporation
|
|
Firm's by laws
|
|
|
|
36.
|
The officers of the corporation are entitled to vote all un-issued stock. T F N/A
|
|
|
|
37.
|
Which of the following does not acquire ownership of personal property? N/A
|
|
Capture
|
|
Gift
|
|
Encroachment
|
|
Accession
|
|
|
|
38.
|
A house built on a plot of land is considered a fixture. T F N/A
|
|
|
|
39.
|
Co-ownership of real property doe not includes N/A
|
|
Tenancy in common
|
|
Special tenancy
|
|
Joint tenancy
|
|
Tenancy by the entirety
|
|
|
|
40.
|
Formation applies only to contracts for: N/A
|
|
Sale of goods
|
|
Sale of services
|
|
Sale of real property
|
|
Sale of investment securities
|
|
|
|
41.
|
Normally, buyers of stolen goods get good title to them as they buy them in good faith and give value for them. T F N/A
|
|
|
|
42.
|
Liability for negligence does not include: N/A
|
|
Failure to adequately inspect goods prior to sale
|
|
Failure to provide warranty
|
|
Misrepresentation as to character and fitness of goods
|
|
Failure to disclose known defects
|
|
|
|
43.
|
Unless the parties agree otherwise, the buyer has the right to inspect the goods before accepting or paying for them. T F N/A
|
|
|
|
44.
|
The statute of limitations on the sale of goods under the U.C.C. is limited to N/A
|
|
Five years
|
|
Ten years
|
|
One year
|
|
Four years
|
|
|
|
45.
|
To be negotiable an instrument must be all except N/A
|
|
In writing
|
|
Signed by maker or drawer
|
|
Payable in trade goods or service
|
|
Unconditional promise or order to pay a certain sum in money
|
|
|
|
46.
|
Types of endorsements do not include N/A
|
|
Implied
|
|
In blank
|
|
Restrictive
|
|
Qualified
|
|
|
|
47.
|
A person cannot be held liable on a negotiable instrument unless his/her N/A
|
|
Address appears on it
|
|
Signature appears on it
|
|
Social security number appears on it
|
|
Bank account number appears on it
|
|
|
|
48.
|
Security interests in real property do not include N/A
|
|
Mortgages
|
|
Deed of trust
|
|
Land contract
|
|
Warranty
|
|
|
|
49.
|
Bankruptcy may be N/A
|
|
Public or private
|
|
Voluntary or involuntary
|
|
Common or special
|
|
Charged or discharged
|
|
|
|
50.
|
Law seeks to protect economic relations from unreasonable interference through federal and state statutes and common law against all except N/A
|
|
Deceitful practices
|
|
Breach of contracts
|
|
Damage to good will
|
|
Protection of ideas, trade secrets and patents
|
|
|
|
51.
|
Antitrust laws do not include N/A
|
|
Sherman act
|
|
Robinson-patman act
|
|
Federal trade commission act
|
|
Powel-lieberman act
|
|
|
|
52.
|
The Clayton Act specifically prohibits N/A
|
|
Conspiracies in restraint of trade.
|
|
Monopolies.
|
|
Asset acquisitions that reduce competition.
|
|
Price discrimination.
|
|
|
|
53.
|
The F.T.C. enforces antitrust laws by N/A
|
|
Imposing fines on corporations up to $1 million.
|
|
Sentencing individuals up to three years imprisonment.
|
|
Awarding triple damages.
|
|
Issuing cease and desist orders.
|
|
|
|
54.
|
The Sherman Act specifically prohibits N/A
|
|
Mergers that reduce competition.
|
|
Monopolizing.
|
|
Asset acquisitions that reduce competition.
|
|
Price discrimination.
|
|
|
|
55.
|
The purposes of employment law include all except N/A
|
|
To protect workers' health and safety
|
|
To eliminate sexual harassment
|
|
To foster a workplace free from both discrimination and disruptive labor/management behaviors
|
|
To minimize affirmative action
|
|
|
|
56.
|
FICA contributions are used to pay for a fund maintained under the Americans with Disabilities Act. T F N/A
|
|
|
|
57.
|
The primary purpose for enacting workers' compensation statutes was to N/A
|
|
Eliminate all employer-employee negligence lawsuits.
|
|
Enable employees to recover for injuries regardless of negligence.
|
|
Prevent employee negligence suits against third parties.
|
|
Allow employees to recover additional compensation for employer negligence.
|
|
|
|
58.
|
Workers' compensation laws provide for all of the following benefits except N/A
|
|
Burial expenses.
|
|
Full pay during disability.
|
|
The cost of prosthetic devices.
|
|
Monthly payments to surviving dependent children.
|
|
|
|
59.
|
Which of the following statements is correct regarding the scope and provisions of the Occupational Safety and Health Act (OSHA)? N/A
|
|
OSHA requires employers to provide employees a workplace free from risk.
|
|
OSHA prohibits an employer from discharging an employee for revealing OSHA violations.
|
|
OSHA may inspect a workplace at any time regardless of employer objection.
|
|
OSHA preempts state regulation of workplace safety.
|
|
|
|
60.
|
Under Title VII of the Civil Rights Act of 1964, a covered entity is prohibited from engaging in employment discrimination on the basis of race, color, religion, national origin, or sex. The practices subject to the act include N/A
|
|
Any term, condition, or privilege of employment.
|
|
Hiring and discharge by the employer but not classified advertising by an employment agency.
|
|
Compensation and fringe benefits but not retirement plans.
|
|
Job taking, classifications, and assignments but not union discrimination.
|
|
|
|