Problem 1. Which of the following is false about the power of courts?
a. Courts are not absolutely bound to favor one technique of statutory interpretation over another.
b. Courts can distinguish prior decision in common law cases
c. State Supreme Courts can overrule their own decisions
d. Trial courts can decide abstract propositions of law even through there is no real case or controversy between existing parties with tangible stake in the outcome of the controversy.
Problem 2. Which of the following is a valid criticism of stric deontological views like Kant’s?
a. Such views pay too much attention to consequences
b. Such views encourage the satisfaction of perverse desires
c. Such views pay too little attention to consequences.
d. Such views emphasize total satisfaction rather than average satisfaction.
Problem 3. In which of the following cases is it most likely that the plaintiff will only have to prove negligence on the defendant’s part to recover from defamation?
a. Statements that a U.S.Senator had someone killed.
b. Statements that Madonna had someone killed
c. A statement that you or I negligently killed someone during a hurricane.
d. A false credit report on a construction contractor.
Problem 4. Which of the following personal traits or conditions will not change the normal reasonable person standard to which defendants are subject?
a. Blindness
b. Deafness
c. Voluntary intoxication
d. Childhood
Problem 5. Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears?
a. The physical arrangement and ordering of pieces of factual information on pages in a reference book.
b. The melody of a song
c. The dialogue spoken by actors in a TV commercial
d. The them of a short story.
Problem 6. Silence in response to an offer:
a. Is never an acceptance?
b. Is always an acceptance if the offer says so
c. Usually is not an acceptance
d. Usually is an acceptance
Problem 7. X and Y have a contract which obligated X to sell Y 100 boxes of screws for $100. The parties orally modify the contract so that X will sell Y the same 100 boxes for $125. The second agreement.
a. Is not binding because it is oral
b. Is not binding because X has only promised to perform a preexisting legal obligation.
c. Is not binding because it is an outputs contract.
d. Is binding
Problem 8. Which of the following statements, if false, is most likely to create liability for fraud or misrepresentation?
a. This rare antique chair is probably worth $10,000.
b. This crane will lift a 10,000 pound load
c. This car is a perfect gem
d. In my opinion, this car is in flawless mechanical condition.
Problem 9. With regard to a completely integrated contract, parole evidence can be used to:
a. Contradict the terms of the contract
b. Explain ambiguities on the contract
c. Supplement the terms of the contract
d. Modify the terms of the contract.
Problem 10. Which of the following is most likely to be considered a sale of goods to which the UCC applies?
a. A dentist places a crown over a patient’s tooth
b. A gas station sells and installs a new battery in a car.
c. A hairstylist uses a crème rinse in styling a client’s hair
d. A contractor builds a house for a landowner.
Problem 11. By accepting nonconforming goods, a buyer normally
a. Waives all remedies against the seller for the nonconformity.
b. Is obligated to pay for the goods
c. Gives up any possibility of later revoking acceptance
d. All of the above
Problem 12. The Fair Housing Act applies to which of the following?
a. Real estate appraisers
b. Real estate brokers
c. Real estate owners who advertise their property for sale
d. Each of the above.
Problem 13. Which of the following is most likely to breach one of the trustee’s fiduciary duties?
a. a charitable trust
b. a spendithrift trust
c. a trust involving the conveyance of real property to the trust
d. a constructive trust
Problem 14. Which of the following is necessary for the attachment of a security interest?
a. The filing of a financing by another creditor
b. The completion of a written security agreement signed by the debtor
c. The creditor’s giving of value to the debtor
d. The creditor’s having preexisting rights to the collateral
Problem 15. Which of the following must be signed by the creditor in order to be valid?
a. both the security agreement and the financing statement
b. only the security agreement
c. only the finance statement
d. neither the security agreement nor the financing statement
Problem 16. Under which of the following can the bankruptcy petition only be voluntary?
a. Chapter 11
b. Chapter 7
c. Chapter 13
d. None of the above
Problem 17. Which of the following is most true about stop payment orders?
a. They must be in writing
b. They must describe the check with mathematical exactness
c. They must give the bank fourteen days to act on the order
d. They can be oral or written.
Problem 18. The time period within which a customer must report unauthorized customer signatures to the bank to get his account redirected is?
a. fourteen days
b. six months
c. one year
d. three years
Problem 19. A partnership is an entity for purposes of
a. suing and being sued by its creditors
b. employment of its partners
c. owning real property
d. paying federal income taxes
Problem 20. The primary reason to choose the limited partnership as a form of business is to:
a. create a tax shelter for the owners
b. raise large amount of capital
c. limit the liability of its owners
d. eliminate the need of owners to manage business
Problem 21. The proxy solicitation process:
a. usually results in the chief executive officer controlling the corporation
b. usually results in shareholders dominating management of the corporation
c. is corporate democracy working at its best
d. usually results in the board of directors dominating the management of the corporation.
Problem 22. Which of the followings prohibits employment discrimination on the basis of physical appearance.
a. the laws of some states
b. executive order 11246
c. section 1981
d. the Americans with Disabilities Act