Assignment
1. Agency is a fiduciary relationship.
A. True
B. False
2. The term "stare decisis" means "reversing the decision."
A. True
B. False
3. Offers for both bilateral and unilateral contracts involve a promise from the offeror.
A. True
B. False
4. A decision from a state supreme court is binding on a lower state court located in the same state.
A. True
B. False
5. A decision from a state supreme court in one state is binding on a trial court judge in another state if the other state has no applicable law on the issue involved.
A. True
B. False
6. A court must have two types of jurisdiction to decide any particular case.
A. True
B. False
7. Subject matter jurisdiction is a court's power to hear certain kinds of cases.
A. True
B. False
8. Concurrent federal jurisdiction means both state and federal courts have jurisdiction over a case.
A. True
B. False
9. To disaffirm a contract, a minor MUST act before reaching the age of majority.
A. True
B. False
10. A contract remains executory as long as any party to the contract has not fully performed.
A. True
B. False
11. An offer for a unilateral contract cannot be accepted by a mere promise to perform.
A. True
B. False
12. Two of the four basic contract requirements are agreement and signature of the parties.
A. True
B. False
13. An implied in fact contract is one based on the conduct of the parties.
A. True
B. False
14. Ease and cost of formation are factors to be considered in the selection of the form under which a business should operate.
A. True
B. False
15. A person who is not an employee, who is employed by the principal to perform a certain task on the principal's behalf, is an independent contractor.
A. True
B. False
16. Shareholders have unlimited liability that can exceed the extent of their capital contributions.
A. True
B. False
17. A general partnership relieves the general partners of liability for the debts and obligations of the partnership.
A. True
B. False
18. Limited partners are liable for partnership debts.
A. True
B. False
19. Physical contact is not necessary to be liable for the tort of assault.
A. True
B. False
20. A person charged with a crime in the United States is presumed innocent until proven guilty.
A. True
B. False
21. The surface rights and the subsurface rights for the same parcel of real property can be owned by two different persons.
A. True
B. False
22. Truth is an absolute defense in a cause of action for defamation.
A. True
B. False
23. The judicial branch has authority to examine the actions of both the legislative branch and the executive branch to determine whether these acts are constitutional.
A. True
B. False
24. If the federal government preempts states from regulating in an area, the states may not continue to pass legislation that conflicts with federal statutes.
A. True
B. False
25. The first 10 amendments that were added to the U.S. Constitution are known as the Bill of Rights.
A. True
B. False
26. The primary function of an agent in a principal-agent relationship is to:
A. Maintain the principal's status quo.
B. Operate as a partner with the principal.
C. Enter into contracts with the principal.
D. Conduct business on behalf of the principal.
27. Which of the following is true about determining whether someone working for another is an independent contractor or an employee?
A. The classification of the person doing the work depends on that person's job title.
B. The classification of the person doing the work depends on a number of factors, with the degree of control over that person's work by the person who is paying for the work being the most important factor.
C. The classification of the person doing the work depends on a number of factors, with no single factor being any more important than the others.
D. The classification of the person doing the work depends on if the person is also an agent.
28. An agency relationship can terminated by:
A. Achievement of the agency's purpose.
B. Mutual agreement.
C. Occurrence of a specific event.
D. All of these.
29. Imprisonment is generally imposed to serve all of the following functions except:
A. Allowing victims to have a formalized process to meet and confront the criminal.
B. Deterring others from engaging in criminal conduct.
C. Providing a means to rehabilitate the criminal.
D. Protecting society from the person imprisoned.
30. The two general elements required in order to prove guilt in a crime are:
A. Criminal act and damages.
B. Criminal act and physical injury.
C. Criminal act and criminal intent.
D. Criminal act and at least one impartial witness.
E. Criminal act and resultant harm.
31. Which of the following would constitute the crime of embezzlement?
A. The cashier at a grocery store takes money from his own cash register.
B. A receptionist who works in a bank lobby distracts a teller and takes money from the teller without the teller's knowledge.
C. An electrician working in a client's home takes $100 from the homeowner's desk drawer.
D. A roofing contractor takes a lawn mower from a homeowner while doing a job for the homeowner.
E. A self-serve gasoline customer drives away without paying for the gas.
32. Identity fraud typically occurs when:
A. Someone uses a fictitious name in place of her real name.
B. Someone uses the name and other identifying information of another person to engage in fraudulent activity.
C. Someone steals a ticket with a name associated with it, such as an airline ticket, and uses it in place of the original owner.
D. Someone operates under two or more different names, at least one of which is fictitious.
33. Which of the following is true about the crime of bribery?
A. Only the person who gives a bribe and is successful at having it accepted can be convicted.
B. A party who even considers accepting a bribe can be convicted, as well as the person offering the bribe, whether or not it is accepted.
C. A party who actually accepts a bribe can be convicted, as well as the person offering the bribe, whether or not it is accepted.
D. Only the person who offers the bribe can be convicted, but that person is guilty whether or not the bribe is accepted.
E. Only the person who receives the bribe can be convicted.
34. Which of the following is not one of the general categories of torts?
A. Rational.
B. Strict liability.
C. Negligence.
D. Intentional
35. The tort of assault differs from the tort of battery in that:
A. Assault is an intentional tort and battery relates to negligence.
B. Assault requires proof of each of the separate elements of negligence.
C. Assault requires the plaintiff to show that he or she was aware of the immediate danger.
D. Assault claims may be brought on future threats, whereas battery claims may not.
E. Assault is a strict liability tort.
36. Assuming that statutory requirements are met, what is protected under merchant protection statutes?
A. Merchants are protected from product disparagement claims of their competitors.
B. Merchants are protected from product disparagement claims of their suppliers.
C. Customers are protected from the negligent conduct of merchants.
D. Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting.
E. Merchants are protected from the intentional torts of their customers.
37. Under which doctrine are both the employer and the employee free to terminate an employment relationship at any time?
A. The independent contracting employment doctrine.
B. The mutual employment doctrine.
C. The employment at will doctrine.
D. The free dissociation doctrine.
38. Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?
A. Race, religion, and sexual orientation.
B. Race, religion, and sex.
C. National origin, race, and alien status.
D. Religion, race, and political affiliation.
39. Overtime pay is required to be paid to hourly employees who work:
A. Over 18 hours per day.
B. Over 12 hours per day.
C. Over 40 hours per week.
D. Over 50 hours per week.
40. Which is true about the two kinds of discrimination that are actionable under Title VII?
A. Disparate impact and disparate treatment are both based on how an employer treats a specific individual.
B. Disparate impact and disparate treatment are both based on how an employer treats a protected class.
C. Disparate impact refers to individuals and disparate treatment refers to protected classes.
D. Disparate treatment refers to individuals and disparate impact refers to protected classes.
41. The Environmental Protection Agency has which of the following powers?
A. Adopt regulations.
B. Adopt regulations and hold hearings.
C. Adopt regulations, hold hearings, and initiate judicial proceedings.
D. Initiate judicial proceedings.
E. Adopt regulations and initiate judicial proceedings.
42. Under the Superfund legislation, who may be held liable for the cleanup costs of a hazardous waste site?
A. The generator, the transporter, the owner of the land at the time of disposal, and the current owner.
B. Only the generator of the waste.
C. Only the transporter of the waste and owner of the land at the time of disposal.
D. Only the generator and the transporter.
E. Only the generator, transporter, and owner of the land at the time of the waste disposal.
43. Under the Civil Rights Act of 1964, an employer cannot discriminate against a member of a protected class in:
A. Promotion
B. Conditions of Employment.
C. Termination of employment.
D. Hiring
E. All of these are correct.
44. Which of the following would be a legal defense to a charge of discrimination under Title VII?
A. Discrimination based on a bona fide occupational qualification.
B. Discrimination based on seniority.
C. Discrimination based on merit.
D. Discrimination based on seniority and merit.
E. All of these.
45. Which of the following is not a main function of the U.S. Constitution?
A. to limit the government's ability to restrict individual rights.
B. to create the three branches of government.
C. to allocate powers to the three branches of government.
D. to protect individual rights.
46. Which of the following factors can never be used as a legal bona fide occupational qualification?
A. Race
B. Religion.
C. Sex
D. Religion and sex.
E. Race and sex.
47. Which of the following is true about the Americans with Disabilities Act?
A. It requires employers to ask about an applicant's disabilities so that the employer knows if the applicant is covered.
B. It not only prevents discrimination based on disabilities, but employers can be required to incur costs in order to accommodate disabled individuals in their jobs.
C. It affects only the employment of persons with disabilities.
D. It clearly sets limits and requirements relevant to employers.
48. A job applicant in the city of Portland is not hired by a corporation because he is gay and because he is from California. He could:
A. Recover under the Fair Labor Standards Act.
B. Recover under Title VII of the Civil Rights Act.
C. Recover because this is an improper burden on interstate commerce.
D. Keep looking for a job because he has no remedy under federal statutes.
49. Jane is a manager of a bank. She has all of the qualifications to be promoted to bank manager. In fact, she is better qualified than any of the males being considered for that position. However, the owner of the bank believes that the bank customers will not accept a woman as bank manager, so the owner promotes one of the males. The owner's actions would best be described by:
A. Sex discrimination.
B. Quid pro quo sex discrimination.
C. Hostile working environment sex discrimination.
D. Sexual harassment.
E. Pregnancy discrimination.
50. In a hospital, nurses are paid less then janitors. The nurses need more education to become nurses than the janitors need to become janitors. The janitors must lift heavier objects than the nurses, but the nurses have more responsibility than the janitors. This discrimination in the amount paid to nurses and janitors is:
A. Illegal, because the nurses need more education.
B. Legal, because the jobs are not similar.
C. Legal, because the janitors need to lift heavier items.
D. Illegal, because the nurses have more responsibility.
E. Legal, because the nurses have better working conditions than the janitors.
51. Which of the following is not one of the common types of agent authority?
A. Implied
B. Dependent
C. Apparent
D. Agency by ratification.
E. Actual.
52. Which of the following is NOT a duty of the agent in a principal-agency relationship?
A. Obedience
B. Loyalty
C. Indemnification
D. Accountability
53. The major disadvantage of a sole proprietorship is:
A. The unlimited liability for the business's debts.
B. The sharing of management authority with others.
C. The difficulty in transferring ownership to others.
D. The difficulty and cost of formation.
54. Jill invests $1,000 to buy 10 shares of Good Corporation. The corporation goes bankrupt having no assets and $1 million in liabilities. The most Jill can lose is the $1,000 she invested. This is an example of the corporate characteristic of:
A. Perpetual existence.
B. Free transferability of shares.
C. Double taxation.
D. Centralized management.
E. Limited liability.
55. Mallard Corporation is incorporated in Iowa and does business in Ohio. This corporation is:
A. A domestic corporation as to Ohio and a foreign corporation as to Iowa.
B. A domestic corporation as to Iowa and an alien corporation as to Ohio.
C. A foreign corporation as to both Iowa and Ohio.
D. A domestic corporation as to Iowa and a foreign corporation as to Ohio.
E. A domestic corporation as to both Iowa and Ohio.
56. Real property includes:
A. Cultivated plants growing on the land.
B. Natural plants growing on the land.
C. Both of these statements.
D. Neither of these statements.
57. Frank is a loyal employee who has spent much time above and beyond the call of duty promoting his employer's company on weekends. Frank's boss says to him, "Because of all this extra work you have done, you'll get a $1,000 bonus next month." Because of this statement:
A. The company is not obligated to pay because there was a preexisting duty.
B. The company is obligated to pay because Frank has performed the extra work.
C. The company is not obligated to pay him because the consideration is past consideration.
D. The company is obligated to pay because there is an implied-in-law contract.
58. Which of the following is true in a unilateral contract?
A. The offeror requests an act as acceptance of his offer.
B. The offeror cannot revoke the offer once the offeree has begun performance or has substantially completed performance.
C. The offeror will treat either a promise to perform or the actual performance of the act as acceptance of his offer.
D. A and B only.
E. B and C only.
59. The terms "bilateral" and "unilateral" as applied to contracts are based on:
A. The number of promises that are made in connection with a contract.
B. The number of parties in a contract.
C. The number of attempts made to form a contract.
D. The number of parties who make a promise in the formation of a contract.
E. The number of attempts it took for a contract to be successfully performed.
60. When can an offer to form a unilateral contract be revoked?
A. After the offeree begins performance, but before the performance is completed.
B. After completion of performance.
C. Before the offeree begins performance.
D. Both A and B.
E. A, B, and C.
61. What is required for a contract to be an express contract?
A. It is performed for mutual benefit.
B. It is written and signed.
C. It is performed immediately after formation.
D. It is written.
E. It is stated in words.
62. What kind of contract is based on the conduct of the parties?
A. Quasi-contract.
B. Action-oriented.
C. Express.
D. Implied-in-law.
E. Implied-in-fact.
63. Janet pulls her car into a line for a car wash. Janet says nothing and her car is washed by the employees there. Janet then refuses to pay for the car wash, stating that there is no contract. What would the results be in a lawsuit over this situation?
A. Janet wins; because the car wash made no promise to wash her car, there is no contract.
B. Car wash wins; this is an implied-in-fact contract that has been accepted.
C. Janet wins; because she said nothing, there can be no contract.
D. Car wash wins; this is an express, unilateral contract that has been accepted.
64. Jana and Annie enter into a written agreement whereby Jana promises to sell and Annie promises to buy a certain parcel of land for $5,000. There is adequate consideration, the contract is legal, and both parties have contractual capacity. The contract is fully performed by both parties on January 1. Which of the following best describes this contract as of January 2?
A. Unilateral, express, executed, valid.
B. Bilateral, express, executed, valid.
C. Unilateral, express, executory, valid.
D. Unilateral, implied, executory, valid.
65. Bob, a 16-year-old minor, buys a snowmobile from Sam, an adult, for $2,000. Bob uses it for 2 months and then advertises the snowmobile for sale for $3,000 but has not yet sold it. At this point:
A. Bob can still disaffirm the contract.
B. Bob has ratified the contract by trying to sell the snowmobile.
C. Bob has ratified the contract by using the snowmobile for 2 months.
D. Either Bob or Sam can disaffirm the contract.
66. John hires Jane to steal a particular type of car for him. Jane demands $2,000 payment in advance, which John pays. Jane does not deliver the stolen car at the appointed time. John sues Jane. Which of the following is most likely?
A. The courts will order Jane to deliver a car like she promised to steal for John.
B. The courts will order Jane to pay John back the $2,000.
C. The courts will not do anything.
D. John has his choice of either B or C.
E. The courts will order Jane to return the $2,000.
67. Roger wants to buy a new car, so he borrows money from the bank. Several months later, he sells his car to Lisa, who agrees to pay the bank loan.
A. Roger is an intended third-party beneficiary.
B. Lisa is an intended third-party beneficiary.
C. The bank is an incidental third-party beneficiary.
D. The bank is an intended third-party beneficiary.
E. Lisa is an incidental third-party beneficiary.
68. In order for a contract to be valid, it must:
A. Be fully performed on both sides.
B. Be made by a writing signed by adults.
C. Be properly filed.
D. Contain an offer, acceptance, and consideration.
69. Which of the following can be considered consideration?
A. Payment of cash.
B. Actual performance of a service.
C. A promise to perform a service in the future.
D. All of these are forms of consideration.
70. Which of the following contracts is not required to be in writing under the Statute of Frauds?
A. A contract to be performed in less than 1 year.
B. A contract for the sale of goods of $500 or more.
C. A contract involving the sale of land.
D. A contract made in consideration of a promise to marry.
71. Buyer and Seller orally agree to a contract for the sale of 600 shirts at $10 per shirt. Seller fails to perform and Buyer sues. This contract is:
A. Unenforceable, because the contract is not in writing.
B. Unenforceable, unless both parties are merchants.
C. Enforceable; no writing is required because the sale is not over the Statute of Frauds dollar limit.
D. Enforceable, because the Statute of Frauds does not apply to sales of shirts.
72. In a bilateral contract the consideration for each promise is _______________.
A. An agreement.
B. Future performance.
C. A completed act.
D. A return promise
73. Which of the following is an element of a legally binding contract?
A. Capacity
B. Inquiry
C. Knowledge
D. Acknowledgement
74. When a contract is voidable, it may be ____________.
A. Deassented
B. Reformed
C. Rescinded
D. Reassented
75. What is the term for when a minor decides to honor a contract after turning the age of majority?
A. Ramification
B. Ratification
C. Disaffirmance
D. Determination
76. Which of the following is a definition for consideration?
A. A bargained for exchange
B. refraining from unethical behavior
C. Agreeing to the terms of a contract
D. A contract negotiated in person
77. The__________ is the supreme law of the land.
A. US Code
B. US Constitution
C. Declaration of Independence
D. Uniform Code
78. The term ____________ involves the use of past decisions to guide future decisions.
A. Precedent
B. Restatement
C. Commonality
D. Modeling
79. The rules and regulations put forth by the legislature are referred to as ___________ law.
A. Uniform
B. Secondary
C. Statutory
D. Administrative
80. When courts rely on precendent, they are obeying __________________.
A. Common Analysis
B. Stare Decisis
C. In rem Process
D. Res Judicata
81. A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint. That process is called ____________________.
A. Subpoena delivery.
B. Service of delivery.
C. Summons issuance.
D. Service of process.
82. Two friends, Mary and Dean, are hiking in the Colorado Mountains when a dog being walked by its owner, Wally, who is from Wyoming, bites Dean, causing injury. Mary wants Dean to sue Wally, but Dean does not want to incur the cost. Which of the following is true?
A. Mary does not have standing to sue Wally, the owner of the dog.
B. Mary has standing if Dean consents to Mary filing the suit.
C. Whether Mary has standing depends on whether Mary files the suit in state or federal court.
D. Mary will have standing only if she files the lawsuit in Wyoming.
E. Mary's presence at the time of Dean's injury gives her standing to file suit.
83. The requirement that a plaintiff have a stake in the outcome of a case is known as:
A. Certiorari
B. Standing.
C. Jurisdiction.
D. Relevance.
E. Venue.
84. The power or authority of a court to hear a case is known as:
A. Certiorari.
B. Forum-selection.
C. Venue.
D. Standing.
E. Jurisdiction.
85. The term for jurisdiction based on the location of a piece of property is:
A. Subject matter jurisdiction.
B. Long-arm jurisdiction.
C. Standing.
D. In personam jurisdiction.
E. In rem jurisdiction.
86. What does it mean if a court has "in personam jurisdiction?"
A. It means a party has a personal stake in the outcome of a particular case.
B. It means the court has personal jurisdiction but not subject matter jurisdiction.
C. It means the case has been filed at the correct location with the state.
D. It means the court must meet special requirements in nonbusiness cases involving individuals.
E. It means the court has the power to make and enforce a judgment against a particular person.
87. Mike, an 80-year-old resident of North Dakota, has long wanted to experience driving in New York City during rush hour. He realizes his goal, but gets into an accident with a taxi driver who has never been outside of New York City. The accident causes $24,000 in damage to Mike's Porsche Boxter. Mike wants to sue the taxi driver. Where can Mike file his lawsuit?
A. In state or federal court in New York only.
B. Only in state court in New York.
C. In state or federal court in either North Dakota or New York.
D. Only in federal court in New York.
E. In federal court in either New York or New Jersey.
88. Tammi Tenant was a university student in Ohio who rented a house from Loretta, who also lived in Ohio. Upon graduation, Tammi moved to Nebraska. Assuming that one party sued the other in connection with the lease after Tammi had moved to Nebraska, which of the following correctly describes the court(s) with jurisdiction over the defendant? If Loretta sued, there would be If Tammi sued, there would be personal jurisdiction over Tammi in: personal jurisdiction over Loretta in:
A. Nebraska or Ohio Nebraska or Ohio
B. Ohio only Ohio only
C. Nebraska only Ohio only
D. Nebraska or Ohio Nebraska only
E. Nebraska or Ohio Ohio only
89. Which party bears the burden of proof to persuade the trier of fact on the merits of his or her case?
A. The offeror.
B. The defendant.
C. The jury.
D. The judge.
E. The plaintiff.
90. Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
A. Conciliation.
B. Mediation.
C. Minitrial.
D. Arbitration.
91. Someone who believes that law is a reflection of those in power, believes in which school of jurisprudential thought?
A. The Natural Law School.
B. The Historical School.
C. The Command School.
D. The Analytical School.
92. The school of jurisprudence that believes that free market forces should determine the outcomes to lawsuits is:
A. The Law and Economics School.
B. The Sociological School.
C. The Command School.
D. The Critical Legal Studies School.
93. Which branch of government has the authority to determine the validity of a law?
A. Legislative.
B. Executive.
C. Judicial.
D. Adminstrative
94. Which form of real property ownership includes the greatest degree of ownership?
A. Fee simple defeasible.
B. Remainder
C. Fee simple absolute.
D. Fee simple limitless.
E. Absolute life estate.
95. Powers that are not specifically delegated to the federal government by the United States Constitution:
A. Are reserved to the states.
B. Cannot be exercised by either the states or the federal government.
C. Can be delegated by the U.S. Supreme Court to either the states or the federal government.
D. Are reserved to the federal government.
E. Are held both by the states and by the federal government.
96. Which doctrine explains the concept of federal law taking precedence over state or local law?
A. the eminent domain doctrine.
B. the danger invites rescue doctrine.
C. the federal doctrine.
D. the preemption doctrine.
E. All of these are correct.
97. Which of the following is correct with respect to freedom of speech?
A. Some speech is not protected.
B. Commercial speech receives no protection due to its profit motive.
C. All speech receives the same degree of Constitutional protection.
D. Most speech critical of the government can be restricted because such speech can be destabilizing.
98. Which of the following is true regarding obscene speech?
A. The U.S. Supreme Court has set out a clear definition of what speech is defined as obscene and therefore unprotected.
B. Even though the definition of obscene speech is subjective, if speech is determined to be obscene, it loses all constitutional protection.
C. It cannot be prevented, but can be subject to time, place, or manner restrictions.
D. Obscene speech and offensive speech receive the same degree of protection.
E. Because the definition of obscene is so subjective, it cannot be restricted or prevented.
99. Which of the following is correct regarding freedom of religion under the U.S. Constitution?
A. It applies only to those religions in existence on the date the Constitution became effective.
B. It gives practitioners of any religion absolute rights to take part in actions that are based on that religion.
C. It comes from the Establishment Clause as well as the Free Exercise Clause.
D. It allows the government to establish an official religion or religions so long as citizens remain free to practice any other religion they choose.
100. Which of the following does not receive protection under the U.S. Constitution?
A. Commercial speech.
B. Obscene speech.
C. Political speech.
D. All of these receive protection.