Question 39 1 points Save Procedural rules issued by administrative agencies are

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Question 39     1 points     Save

    Procedural rules issued by administrative agencies are:


    a. statements that provide the agency staff and public with guidance
regarding what the agency believes a certain statute or regulation means

    b. administrative statutes with the same force and effect of law as statutes
passed by Congress

    c. rules that describe an agency's organization, method of operation, and
internal practices

    d. statements that may only rephrase the language of a statute passed by
Congress

    e. none of the above

Question 40     1 points     Save

    The government seized a large amount of cash (as the "instrumentality" of the
crime) being carried out of the country by a couple who failed to report that
they were leaving the country with more than $10,000. The Supreme Court held
that the seizure of the cash was:


    a. an unconstitutional search and seizure

    b. an unconstitutional excessive fine

    c. a constitutional search and seizure

    d. a constitutional fine, not excessive because of the extent of drug money
laundering

    e. a constitutional taking based on the "significant interest" of the
government

Question 41     1 points     Save

    Nuisance actions are claims that are essentially baseless that are filed in
hopes of getting a settlement. Such lawsuits:


    a. are rare since the Supreme Court ruled that plaintiffs cannot recover
their litigation expenses.

    b. are rare because few lawyers will risk bringing them.

    c. are rare because companies prefer arbitration.

    d. may be litigated by companies to send a signal to would-be plaintiffs that
they should not sue unless they are serious.

Question 42     1 points     Save

    When an administrative agency engages in rule making, it must first publish
the proposed rule, then it must:


    a. conduct a trial-like hearing

    b. examine witnesses from all sides of the issue

    c. permit oral testimony for all interested parties

    d. allow written commentaries by interested parties

    e. all of the above

Question 47     1 points     Save

    The Supreme Court has held that states may:


    a. never tax the income of businesses

    b. tax the income of businesses however they think best

    c. tax all income of businesses only if the business is headquartered in the
state

    d. tax the income of businesses so long as the burden of the state tax is
apportioned fairly

    e. tax the income of businesses that do more that $5 million (net) worth of
business in-state

Question 53     1 points     Save

    When Congress grants courts the ability to review administrative actions, it
may:


    a. only specify the subject matter of court review

    b. only specify the personal jurisdiction of the court

    c. specify that judicial review is prohibited

    d. only specify that in rem jurisdiction is permitted

    e. specify the preferred outcomes of court adjudications

Question 55     1 points     Save

    If a corporation suffers an economic loss because of a legal wrong committed
by another party, the corporation:


    a. must sue for damages in all instances

    b. must sue for damages if there has been a violation of criminal law

    c. must sue for damages if there has been a violation of civil law

    d. may sue for damages if it wishes to incur the costs and risks of
litigation

    e. must have approval by the Board of Directors to be able to begin
litigation

Question 59     1 points     Save

    Port cities in California imposed a property tax on cargo containers used by
Japanese ships for loading and unloading cargo. The Supreme Court held the
tax:


    a. constitutional because it was on foreign-owned property

    b. constitutional because it was imposed the same on all containers,
regardless of ownership

    c. unconstitutional interference with foreign trade

    d. unconstitutional interference with the exclusive federal taxing power

    e. none of the above

Question 69     1 points     Save

    Sometimes states legislate on the same subject as Congress. If Congress
passes a regulation:


    a. states must abolish their regulations because state law cannot exist along
with Federal law

    b. federal regulation takes precedence over state laws that conflicts with
the federal standards

    c. state law has more power within the state as long as relevant actions
occur in the state

    d. the states are able to reduce the impact of the federal law by adding
their own law to it

    e. none of the above are correct

Question 81     1 points     Save

    A federal law granting powers to an agency is called:


    a. a legislative delegation

    b. a delegation statute

    c. an enabling statute

    d. a public interest statute

    e. an administrative empowerment statute

Question 84     1 points     Save

    Which of the following is not a reasonable ground for overturning an
arbitration award?


    a. the award was obtained by fraud

    b. the arbitrator is a personal friend of one of the parties

    c. there is evidence of partiality or corruption by the arbitrator

    d. the arbitrator exceeded his power

    e. all of the above would result in the award being overturned

Question 91     1 points     Save

    A party seeking further review from the highest state court may seek review
from:


    a. the federal district court in that district

    b. the federal appeals court in that district

    c. a panel of state supreme court justices from surrounding states

    d. the U.S. Supreme Court

    e. may not seek any further review

Question 97     1 points     Save

    The five procedural requirements for judicial review of a challenge to an
agency decision are:


    a. jurisdiction, reviewability, standing, ripeness and exhaustion

    b. jurisdiction, standing, ripeness, exhaustion, and appealability

    c. reviewability, ripeness, exhaustion, diversity of action, and venue

    d. ripeness, exhaustion, jurisdiction, reviewability, and discretion

    e. none of the above

Question 3     1 points     Save

    The basic elements of a contract include agreement, lawful subject matter,
and:


    a. offer, consideration, and legal capacity

    b. consideration, legal capacity, and remedies

    c. consideration, legal capacity, and performance

    d. consideration, legal capacity, and genuine consent

    e. offer, acceptance, and legal capacity

Question 5     1 points     Save

    Trademarks are classified as:


    a. generic

    b. suggestive

    c. descriptive

    d. arbitrary and fanciful

    e. all of the above

Question 7     1 points     Save

    Tiny borrows $20,000 from First Bank. Mike is the surety on the loan. Tiny
defaults and First requires Mike to pay the balance of the loan. In this case,
Mike may:


    a. sue First for violating its guarantor obligations

    b. sue First for defrauding him

    c. require Tiny to reimburse or exonerate him

    d. require Tiny to enslave himself to Mike

    e. require First to exonerate him

Question 15     1 points     Save

    The general rule regarding acceptance is:


    a. a reasonable acceptance is valid when sent

    b. an acceptance is always valid

    c. acceptances are valid when received

    d. an acceptance will be valid only if mailed

    e. an acceptance is a void unless received within forty-eight hours of the
offer

Question 17     1 points     Save

    An authoritative document that provides an orderly summary and presentation
of the common law of contract is:


    a. the Restatement of Contracts

    b. the Contracts Commercial Code

    c. Cohen on Contracts

    d. the Statute of Frauds

    e. the Federal Register

Question 19     1 points     Save

    A guarantor is the same as:


    a. the principal

    b. the debtor

    c. the surety

    d. the grantor

    e. the testator

Question 20     1 points     Save

    Which of the following debt item(s) are not extinguished by a Chapter 7
bankruptcy?


    a. alimony and child support payments

    b. back taxes

    c. debts incurred by fraud against creditors

    d. fines owed to the government

    e. all of the above

Question 23     1 points     Save

    An easement may be described as:


    a. a right to use intellectual property

    b. a burden on another person's estate

    c. a future interest in personal property

    d. a negative interest in personal property

    e. a conversionary right to personal property

Question 31     1 points     Save

    A contract is formed only when an offer is accepted:


    a. by the offeree

    b. by the offeror

    c. by the rules of the UCC

    d. by the promisor

    e. none of the above

Question 35     1 points     Save

    A legally binding contract that can be terminated at the option of one of the
parties is called:


    a. an executed contract

    b. a formal contract with an escape clause

    c. a voidable contract

    d. a void contract

    e. a parol evidence contract

Question 36     1 points     Save

    A private nuisance involves:


    a. a reasonable interference with the enjoyment of land

    b. a substantial interference with the use of land

    c. an unreasonable interference with the enjoyment of land

    d. either b or c

    e. violation of a statute prohibiting bad acts

Question 38     1 points     Save

    The elements of fraud in contracts do not include which of the following:


    a. misstatement of an important fact

    b. the seller must have reason to know there is false information

    c. there must be privity between the parties

    d. there must be damages caused by the fraud

    e. all of the above are necessary elements

Question 39     1 points     Save

    Damages to be paid in case of breach, that the parties agree to in advance of
a breach of contract are:


    a. compensatory damages

    b. liquidated damages

    c. nominal damages

    d. punitive damages

    e. None of the above

Question 40     1 points     Save

    When parties agree to discharge one party from a contract and create a new
contract with another party who is to become responsible for the discharged
party's performance, this is:


    a. accord and satisfaction

    b. specific performance

    c. novation

    d. equitable remedy

    e. equitable performance

Question 45     1 points     Save

    Which of the following would be least likely to be an invasion of privacy:


    a. the use of a person's photograph without permission

    b. publication of information about a person taken from public records

    c. publication of information about a person that comes from private sources

    d. publication of information about a person that places them in a false
light to others

    e. none of the above

Question 47     1 points     Save

    Debts of the bankrupt under Chapter 13:


    a. are all discharged

    b. are discharged, if they involve past taxes

    c. are discharged, if they involve alimony

    d. are discharged only in part

    e. are not discharged

Question 48     1 points     Save

    Once bankruptcy proceedings are finished, the consumer's credit record:


    a. is wiped clean

    b. may not mention the first bankruptcy a person has had

    c. may note the bankruptcy for three years

    d. may note the bankruptcy for ten years

    e. must always show that the person went through a bankruptcy

Question 51     1 points     Save

    The common law provides protection to owners of intellectual property through
which legal action?


    a. malicious prosecution

    b. assault

    c. infringement

    d. slander

    e. infliction of emotional distress

Question 52     1 points     Save

    Inaccurate credit reports may cause which harm to debtors?


    a. overly positive impressions for creditors

    b. increased costs of borrowing money

    c. damage to reputation

    d. increased ease of obtaining mortgages

    e. improved reputations

Question 65     1 points     Save

    When a court "pierces the corporate veil" it:


    a. holds shareholders personally liable for corporate debts

    b. holds the board of directors jointly and severally liable

    c. provides the chief financial officer of the corporation with limited
liability

    d. sanctions the under capitalization of the corporation

    e. provides partial protection from corporation debts

Question 68     1 points     Save

    The right of utility companies to run power lines over land and put water
lines under private property is based on:


    a. an easement

    b. a covenant

    c. a deed

    d. a seisin

    e. a remainder

Question 70     1 points     Save

    Extreme debt collection tactics, such as late night threatening phone calls,
may cause legal action based on the tort of:


    a. battery

    b. infliction of emotional distress

    c. persecution

    d. malicious prosecution

    e. all of the above

Question 71     1 points     Save

    A 16-year-old goes to a used car dealership and pays $2,000 cash to buy a car
off the lot.


    a. assuming no fraud by the dealer, and that the car is really worth about
$2,000, the contract is valid

    b. the dealer realizes that the car is worth more than $2,000, so he can void
the contract and insist on the car back

    c. the 16-year-old can bring the car back the next day and demand his money
back because the contract is voidable

    d. the parents of the 16-year-old cannot try to get the money back for the
car because parents are responsible for providing their children with
necessities

    e. none of the above

Question 72     1 points     Save

    When a business lends another business money, it should perfect its security
interest by:


    a. applying to the IRS for security

    b. filing its financing statement with the state secretary of state

    c. preparing its inventory for satisfaction

    d. obtaining a late-term guarantor

    e. none of these courses of action

Question 73     1 points     Save

    When intellectual property, such as copyrights, patents, trade secrets or
trademarks, is taken by others without permission, there is a tort of:


    a. conversion

    b. trespass to personal property

    c. misappropriation

    d. nuisance

    e. invasion of privacy

Question 84     1 points     Save

    The doctrine of anticipatory breach:


    a. is addressed by UCC Section 2

    b. requires that a valid contract will not be enforced by the courts because
of a subsequent illegality

    c. discharges the duties of the nonparty under the contract and allows that
party to sue for damages incurred from the repudiation

    d. is prohibited by the UCC

    e. none of the above

Question 91     1 points     Save

    A covenant may be described as:


    a. a promise that attaches to real property

    b. a positive obligation for an estate owner to do something

    c. a negative obligation for an estate owner not to do something

    d. an obligation imposed on a new owner of property

    e. all of these things

Question 92     1 points     Save

    Patents are exclusive statutory grants to protect an invention, design, or
process that is:    a. genuine

    b. useful

    c. novel

    d. not obvious

    e. All of the above.

Question 94     1 points     Save

    It is customary for new car dealers to clean and check every new car they
seel prior to delivery to the customer. Danver Motors failed to clean and
check a car before delivering a new car to a buyer. A check would have
revealed that the exhaust was leaking into the passenger compartment. While
driving home, the buyer was overcome by carbon monoxide and crashed. Is Danver
Motors liable?


    a. If the buyer can demonstrate his/her "actual reliance" on the seller's
expertise, then the dealer may be held liable for a breach of an implied
warranty of merchantability.

    b. If the buyer can demonstrate his/her "actual reliance" on the dealer's
expertise and that the dealer had "reason to know" the problem existed, then
the dealer may be liable for breach of an implied warranty for fitness for a
particular purpose.

    c. The dealer may be liable to a buyer for breach of an implied warranty
arising from merchantability.

    d. Since the new car was covered by a written warranty, the dealer is liable
under a warranty of title..

    e. The dealer cannot be held liable; the liability rests solely with the
manufacturer.

Question 95     1 points     Save

    The intentional detention of a person may be the tort of:


    a. battery

    b. assault

    c. defamation

    d. duress

    e. false imprisonment

Question 98     1 points     Save

    Bob tells Charles and Fritz "If either of you collect all the old bricks at
the house on Main Street that has been torn down and deliver them to the new
house I am going to build, I will pay you 10 cents per brick." Charles then
spends three days collecting the bricks at the old house site and is about to
deliver them to Bob's new building site when Bob drives by and tells him to
forget it. Charles wants Bob to pay him.


    a. this was a unilateral contract never executed, so not enforceable

    b. this was a bilateral contract never executed, so not enforceable

    c. the court would hold that Bob has a moral obligation to pay Charles

    d. this was a bilateral contract that would be enforceable due to substantial
performance

    e. this was a unilateral contract that would be enforceable due to
substantial performance

Question 99     1 points     Save

    An express warranty may be created by all but which of the following:


    a. a seller's promise about goods being sold

    b. a seller's guarantee regarding the safety of a good

    c. the sample the buyer received from the seller

    d. the guarantee the buyer reasonably expects for the product

    e. any of the above

Question 100     1 points     Save

    Under the Rule of Caveat Emptor, the producer of a defective product that
caused injury to a consumer was:


    a. not liable unless there was a contractual relationship (privity of
contract) between the producer and the injured party

    b. liable in tort law to any injured consumer in the event negligence by the
producer could be shown

    c. liable in tort law to consumers who bought the good under the rule of
strict liability

    d. liable in contract to all consumers who used the product under the rule of
res ipsa loquitur

    e. not liable in tort or in contract law under any circumstance

Explanation / Answer

40 .

The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was:

e. a constitutional taking based on the "significant interest" of the government

42 .

Administrative agencies engage in rule making to:
a. develop regulatory policies

Most useful point for ur MCQs

{{{{   In the following situation, which court system has jurisdiction? The plaintiff lives in State A; the defendant lives in State B; the dispute involves a matter of state law; and the dispute is for $35,000:

c. federal or state court



Question 32 1 points Save
Administrative agencies are created by:
c. an enabling statute of Congress



Question 33 1 points Save
Administrative agencies engage in rule making to:
a. develop regulatory policies




Question 34 1 points Save
If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:
a. in rem jurisdiction


Question 35 1 points Save
Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:
a. punitive damages.


Question 36 1 points Save
An important source of law affecting the legal environment of business are regulations, opinions, and orders flowing from:
a. administrative agencies



Question 37 1 points Save
Written interrogatories are questions submitted by:

d. the opposing party



Question 38 1 points Save
The first pleading is commonly called:
a. the complaint



Question 39 1 points Save
Powers not granted to the federal government are retained by states or are left to the people according to:
a. the Constitution



Question 40 1 points Save
In Wauchop v. Domino's Pizza, Domino's President, Monaghan, failed to appear for a deposition requested by the plaintiff. The court in this case held that Monaghan:

c. may send a qualified corporate officer to testify in his place



Question 41 1 points Save
Interpretative rules issued by administrative agencies are:
a. statements that provide agency staff and the public with guidance about what a certain statute or substantive rule means in practice



Question 42 1 points Save
During a formal rule making process, an agency :
a. must send the proposed rule to the appropriate oversight committee in Congress for review before releasing it to the public for comment.



Question 43 1 points Save
To resolve disputes between citizens or between citizens and the government, which institution has been created?

c. the court system



Question 44 1 points Save
The government seized a large amount of cash (as the "instrumentality" of the crime) being carried out of the country by a couple who failed to report that they were leaving the country with more than $10,000. The Supreme Court held that the seizure of the cash was:

e. a constitutional taking based on the "significant interest" of the government



Question 45 1 points Save
In a hearing at an administrative agency, to determine if the law has been violated:

d. the due process requirements of the Constitution must be met



Question 46 1 points Save
The constitution of the United Kingdom (England):

e. none of the above; there is no constitution



Question 47 1 points Save
After the pleading are completed, either party may file a petition asking the court to rule on the case as it stands. This is known as:

c. a motion for judgment on the pleadings



Question 48 1 points Save
When monetary damages are awarded for a violation of the law that involves no actual damages to a person or property, the damages are called:
a. punitive damages


Question 49 1 points Save
The Fifth Amendment protects individuals against:

b. self-incrimination


Question 50 1 points Save
A person is injured in an accident involving a GM car. The person sues GM, claiming the design of the vehicle was defective. They claim that they must ask the president of GM certain questions. The president:

e. cannot be required to participate in the litigation in any way unless he is the defendant

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