Law and Legal Profession Review 3

1. Which of the following is an intentional tort against property? a. Defamation b. Trespass to intellectual property c. Conversion d. All of these choices are correct

C

24. Which of the following is a significant issue regarding online contracts? a. Determining fair prices for goods b. Locating online stores c. Creating and verifying e-signatures d. Maintaining contact between parties e. All of these choices are correct

C

26. A fact that is important to the subject matter of a contract is called a(n): a. Unilateral fact b. Important fact c. Material fact d. Explicit fact

C

28. A ____ is a distinctive mark, motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the goods it produces so that they can be identified on the market and their origins made known. a. Trade secret b. Copyright c. Trademark d. Trade name

C

29. ____ property consists of the products that result from a person's intellectual, creative processes, such as literary works, artistic works, or computer software. a. Real b. Personal c. Intellectual d. Real and intellectual only

C

41. In most states, statutes mandate that leases exceeding ____ in duration must be in writing. a. Three months b. Six months c. One year d. Two years

C

58 .____ is the planning that is undertaken to reduce the risk of loss from known and unknown events. In the context of insurance, it involves transferring certain risks from the insured to the insurance company. a. Allocation of risk b. Risk classification c. Risk management d. Pooling of risk

C

61. ______ law governs the legal relationship of people within a family.: a. Probate b. Contract c. Family d. Marine

C

63. Which court is in charge of the administration of the decedent's estate? a. Supreme court b. Superior court c. Probate court d. Administrative court e. Family court

C

64. A trust created by a will that comes into existence on the settlor's death is called a(n): a. Spendthrift trust b. Inter vivos trust c. Testamentary trust d. Totten trust

C

65. State statutes that specify how property will be distributed when a person dies without a will are called ____. a. Estate laws b. Probate laws c. Intestacy laws Testate laws

C

8. Defamation is: a. An intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another b. Is evidenced by illness c. Wrongfully hurting a person's good reputation d. Harmful or offensive physical contact intentionally performed

C

81. A(n) ____ is a relationship between two persons in which one person represents or acts in the place of the other. a. Agent b. Principal c. Agency d. Independent contractor

C

82. Which of the following is true regarding independent contractors? a. They are always agents b. They are always principals c. They may or may not be agents d. They are employees

C

10. If Prince Charming kisses Sleeping Beauty while she sleeps, knowing that she is repulsed by and does not want to be kissed by him, Prince Charming has committed: a. Civil battery b. Trespass c. Defamation d. Intentional infliction of emotional distress

A

2. ________ property is land and things permanently attached to the land. a. Real b. True c. Personal d. Legal

A

23. Contractual capacity is: a. The legal ability or competence to enter into a contractual relationship b. The legal requirement to enter into a contractual relationship c. The maximum monetary consideration that may be paid in a contract d. The minimum monetary consideration that may be paid in a contract

A

23. Normally, specific performance is not granted unless: a. The party's legal remedy is inadequate b. The contract was in writing c. The contract was with a minor d. All of these choices are correct

A

24. Advertisements are generally not offers but are invitations to make an offer. a. True b. False

A

26. The E-SIGN Act does not apply to: a. Court papers b. Mortgages c. Loan documents d. The purchase of real estate

A

27. Forcing a party to do something, including entering into a contract, through fear created by threats is legally defined as: a. Duress b. Undue influence c. Coercion d. Fraudulent misrepresentation

A

28. Promises made in consideration of marriage are normally required to be in writing under: a. The Statute of Frauds b. The undue influence rule c. The duress rule d. The unconscionability rule

A

30. A(n) _________ is an oral or written promise made by a seller concerning the nature of the goods being sold. a. Express warranty b. Real warranty c. Legitimate warranty d. Sale warranty

A

4. James throws a rock at Peter's house. James is guilty of: a. Trespass to land b. Intent to harm c. Defamation d. Trespass to personal property

A

42. Fee simple absolute ownership is: a. Ownership to the greatest degree possible b. Partial ownership c. Ownership with limitations d. Ownership with limited rights

A

43. Under the _____________, lending institutions must notify—within a specified time period—each applicant for a mortgage loan of the precise costs that must be paid at the closing. a. Real Estate Settlement Procedures Act b. Real Estate Closing Procedures Act c. Real Estate Financing Act d. Real Estate Costs Act

A

48. Which of the following is likely to function as an escrow agent in a sale of real property? a. A paralegal b. A notary public c. A bank d. A friend of the seller

A

5. The reasonable-person standard is a(n) _______ standard. a. Objective b. Variable c. Absolute d. Nonobjective

A

59. The premium in an insurance contract is: a. The consideration paid to the insurer b. The insurance company c. The property being insured d. The first payment of the contract

A

6. Dave ties Manuel to a post with a rope and tells Manuel that he will kill him if Manuel tries to escape. Dave is guilty of: a. False imprisonment b. Slander c. Libel d. Defamation

A

61. Battery of a spouse is a criminal act in: a. All states b. Most states c. About half of the states d. About one-third of the states

A

65. Today, ______ states allow no-fault divorce. a. All states b. About half of the states c. About one-third of the states d. About one-fourth of the states

A

7. Mary is caught shoplifting in John's Flower Shop. John detains Mary against her will for questioning and Mary subsequently sues him for false imprisonment. John can use the defense of: a. Probable cause b. Justifiable detainer c. Necessary detainer d. Reasonable cause

A

81. Which of the following is the most common form of business organization? a. Sole proprietorship b. Limited partnership c. Corporation d. Partnership e. All but limited partnership

A

82. Payments to shareholders representing their share of corporate profits are called: a. Dividends b. Corporate payments c. Stock interests d. Stock payments

A

83. In a(n) __________ agreement, employees agree not to enter into competing businesses or solicit the employer's customers for a specified period after the end of their employment. a. Restrictive covenant b. Noncompete c. Company secret d. Employment at will

A

84. Charitable associations often create _______ to conduct business without exposing the individual owners to personal liability. a. Nonprofit corporations b. For-profit corporations c. Partnerships d. Closely held corporations

A

85. A shareholder in a corporation is: a. An owner of the business b. A person elected to direct corporate affairs c. A liable partner A person hired to manage the day-to-day operations of the corporation

A

87. The Age Discrimination in Employment Act prevents employers from discriminating against workers who are ____ years of age or older on the basis of their age. a. Forty b. Fifty c. Sixty d. Sixty-five

A

9. Which of the following is not an element of wrongful interference with a contractual relationship? a. The interference was justified as good faith competitive behavior b. A third party knows that the contract exists c. The third party intentionally causes either of the two parties to breach the contract d. A valid, enforceable contract exists between two parties

A

83. Which of the following is not among the rights of partners in the Uniform Partnership Act? a. To participate in the management of the business operation unless the partnership agreement specifies otherwise b. To inspect partnership books and records c. To unilaterally dissolve the partnership d. To hold an ownership interest in the firm and to receive a share of the profits

C

84. Megan purchases corporate shares in ArticFun, Inc. Megan is a(n): a. Director b. Officer c. Shareholder d. Client

C

9. Advertising that misleads consumers, either by unjustified claims concerning a product's performance or by failure to disclose relevant information concerning the product's composition or performance, is called ____. a. Counter-advertising b. Consumer advertising c. Deceptive advertising d. None of these choices are correct

C

2. An intentional act that causes another to reasonably fear or be apprehensive of immediate physical harm is a(n): a. Battery b. Assault c. Defamation d. Intentional infliction of emotional distress

B

27. Statutory damages for copyright infringement under the Copyright Act will not exceed ___ per work: a. $50,000 b. $150,000 c. $250,000 d. $300,000

B

3. Battery is: a. Any communication or action intended to make another person apprehensive or fearful of immediate physical harm b. Harmful or offensive physical contact intentionally performed c. Harmful or offensive physical contact unintentionally performed d. All of these choices are correct

B

3. Which of the following is not an example of personal property? a. A sofa b. A house c. A car d. A book

B

42. The one who assumes a risk in return for payment of a premium is the: a. Insured b. Insurer c. Company d. Homeowner

B

45. _______ comprise fees for services, including those formed by the lender, escrow agent, and title company. a. Building costs b. Closing costs c. Court costs d. Sales costs

B

47. The ____ acts as a neutral party and facilitates the sale of real estate by allowing the buyer and the seller to complete the transaction without having to exchange documents and funds directly with each other. a. Real estate agent b. Escrow agent c. Attorney d. Paralegal

B

61. The final declaration of how a person wishes to have his or her property disposed of after death is called a(n) ____. a. Estate b. Will c. Probate d. Testator

B

62. Which of the following is an order that requires one person to stay away from another? a. An injunctive order b. A restraining order c. An order to cease and desist d. A harassment order

B

62. William dies after making a valid will. William died: a. Intestate b. Testate c. Will-able d. Estate-able

B

63. The parent who has ______ of a child has the right to make major decisions about the child's life without consulting the other parent. a. Total custody b. Legal custody c. Parental custody d. Court custody

B

63. Which of the following is not one of the steps that is generally required for a legally recognized marriage to take place? a. Marriage ceremony b. Marriage counseling c. Marriage license d. Recording of marriage license

B

63. Which of the following would not be considered child abuse? a. Neglecting a child b. Spanking a child c. Injuring a child d. Molesting a child e. None of these choices are correct

B

64. A procedure in which persons become the legal parents of a child who is not their biological child is called ____. a. Foster care b. Adoption c. Stepparenting d. Paternity

B

64. An agreement made in contemplation of marriage that states how property is to be divided upon divorce is called a(n) ____ agreement. a. Marital settlement b. Prenuptial c. Anti-nuptial d. Divorce

B

65. Once regarded as married by common law, a couple must: a. Have a notary public sign a common law divorce form to dissolve the marriage b. Obtain a court decree to dissolve the marriage c. Attend marriage counseling d. Have a formal marriage ceremony

B

7. Megan voluntarily receives aid from Mary Elise after slipping on ice outside a department store. Megan later tries to sue Mary Elise, claiming that Mary Elise injured Megan's shoulder when she helped her up from the ice. Mary Elise is probably protected by: a. Good Deed statutes b. Good Samaritan statutes c. Good Person statutes d. The USA Patriot Act

B

8. Which of the following is not a theory of product liability? a. Negligence b. Garnishment c. Strict liability d. Misrepresentation

B

82. Which of the following is not true regarding corporations? a. A corporation is formed with the issuance of a state charter and governed by state corporation laws b. Corporate shareholders are personally liable for the business obligations of the corporation c. Corporate income is subject to double taxation d. A corporation may be sued

B

84. A ____ is a form of business organization authorized by state law in which the owners of the business have limited liability and taxes on profits are passed through the business entity to the owners. a. Limited liability partnership b. Limited liability company c. Corporation d. Professional corporation

B

85. Alison, the assistant manager at a local fast-food restaurant, promises Billy, an hourly employee, a substantial raise in exchange for sexual favors. This is an example of: a. Hostile-environment harassment b. Quid pro quo harassment c. Disparate-treatment harassment d. Disparate-impact harassment

B

86. An employer is required to accommodate a worker with a disability, even if the accommodations would constitute an undue hardship for the employer. a. True b. False

B

6. If the defendant can show that the plaintiff voluntarily entered into a risky situation while fully aware of the risk involved, the defense of ____ can be raised. a. Contributory negligence b. Comparative negligence c. Violation of the last clear chance doctrine d. Assumption of risk

D

60. Insurance contracts can usually be obtained through a(n): a. Paralegal b. Insurance company agent c. Broker d. Insurance company agent and broker

D

61. On what grounds may a no-fault divorce be granted? a. One party was engaged in adultery b. One party spent all the assets c. The parties bought separate property d. The parties have been living separately for a period of time

D

62. When awarding child custody in a divorce case, courts consider: a. The ability of each parent to provide for the child's needs and education b. The mental health of each parent c. The wishes of the child d. All of these choices are correct

D

62. Which of the following is a requirement for a couple getting married? a. Both parties must be a certain age b. Both parties must be currently unmarried c. Both parties may not be closely related d. All of these choices are correct

D

64. Which of the following is a requirement for all common law marriages? a. Parties must live together for 10 years b. Parties must sign a notarized agreement c. Parties must have a witness to the marriage d. Parties must live together as husband and wife

D

65. The process of collecting a decedent's assets, settling his debts and distributing all remaining assets is called: a. Plevy b. Planning c. Property collection d. Estate administration

D

81. John Smith, Mary Barney, and Tom Reed work for a law firm called Smith, Barney, and Reed, P.C. Which of the following business entities have they formed? a. A partnership b. A limited liability company c. A limited liability partnership d. A professional corporation

D

82. Which of the following is true regarding limited partnerships? a. The general partners are investors only b. The limited partners are managers only c. The general partners have limited liability d. The limited partners have limited liability

D

83. The classification of a corporation depends on: a. Its purpose b. Its ownership c. Its location d. All of these choices are correct

D

83. The process in which corporate assets are converted into cash and distributed among creditors and shareholders is called: a. Dissolution b. Garnishment c. Distribution d. Liquidation

D

84. The hiring or granting of job promotions or other benefits in return for sexual favors, or language or conduct that is so sexually offensive that it creates a hostile working environment, is called: a. Employment discrimination b. Disparate-treatment discrimination c. Disparate-impact discrimination d. Sexual harassment

D

Which of the following is not an example of an intentional tort? a. Assault and battery b. False imprisonment c. Defamation d. Forgery

D

21. Bill makes Cynthia an offer to buy her car. Cynthia can: a. Accept the offer b. Reject the offer c. Make a counteroffer d. Accept the offer or reject the offer only e. Accept the offer, reject the offer, or make a counteroffer

E

25. Genuineness of assent may be lacking due to which of the following? a. A mistake b. Fraudulent misrepresentation c. Undue influence d. Duress e. All of these choices are correct

E

81. Which of the following is true regarding corporations? a. A corporation is formed with the issuance of a state charter and governed by state corporation laws b. Corporate shareholders are personally liable for the business obligations of the corporation c. Corporate income is subject to double taxation d. A corporation may not be terminated at any time e. A corporation is formed with the issuance of a state charter and governed by state corporation laws and corporate income is subject to double taxation only

E

10. Which of the following is an element of a wrongful interference with a business relationship? a. The defendant knew or had reason to know a third party and the plaintiff are in a business relationship b. The defendant intentionally interfered in the relationship c. The defendant unintentionally interfered in the relationship d. The defendant knew or had reason to know a third party and the plaintiff are in a business relationship and the defendant intentionally interfered in the relationship only e. The defendant knew or had reason to know a third party and the plaintiff are in a business relationship, the defendant intentionally interfered in the relationship, and the defendant unintentionally interfered in the relationship

D

21. The UCC permits which of the following warranties to be disclaimed? a. Express warranties b. Implied warranties of merchantability c. Implied warranties of fitness for a particular purpose d. All of these choices are correct e. Implied warranties of merchantability and implied warranties of fitness for a particular purpose only

D

22. For a binding contract to be created, consideration must be: a. Something of legal value b. Validated by a court c. Paid in cash d. Legally sufficient and paid in cash

D

22. Which of the following statements is not true of liquidated damages? a. They must be reasonably related to the damages that may be suffered if the contract is not fulfilled b. They may not be designed to serve as a penalty to deter a party from breaching a contract c. They are a form of compensatory damages d. They may be designed to serve as a penalty to deter a party from breaching a contract

D

25. To date, the Uniform Electronic Transactions Act (UETA) has been adopted, at least in part, by: a. More than 10 states b. More than 20 states c. More than 30 states d. More than 40 states

D

29. Article 2 of the UCC does not deal with the sale of: a. Intangible property b. Real estate c. Services d. None of these choices are covered

D

30. The government grant that gives an inventor the exclusive right or privilege to make, use, or sell her invention for a limited period of time is called a: a. Trademark b. Trade name c. Copyright Patent

D

4. Which of the following is not a defense to assault and battery charges? a. Consent b. Self-defense c. Defense of others d. All of these are defenses

D

41. Which of the following is not an event that occurs at a real estate closing? a. The deed to the property is delivered to the buyer b. The buyer signs the mortgage note (if the purchase was financed by a mortgage) c. The seller receives the proceeds of the sale (the purchase price less the amount previously paid by the buyer and less closing costs) d. The buyer applies for a loan to purchase the real estate

D

41. Which of the following is not an example of real property? a. An acre of land b. The minerals under an acre of land c. The air above an acre of land d. A car

D

42. Which of the following is another term for the closing? a. The settlement b. The closing of escrow c. The termination d. The settlement and the closing of escrow

D

43. Co-ownership of property by husbands and wives that is similar to a joint tenancy, except that the spouses cannot separately transfer their interests in the property during their lifetimes, is called: a. A tenancy in common b. A joint tenancy c. Community property d. A tenancy by the entirety

D

44. A transfer by a landlord/lessor of real or personal property to a tenant/lessee for a period of time for consideration is called: a. A mortgage b. An estate c. A transfer of property d. A lease

D

44. Which of the following statements is not true of life estates? a. The life tenant cannot do anything to the property that would reduce its value for the owner of the future interest in it b. The life tenant may use the property for rental income c. The life tenant has interest in the property for the duration of his life d. The life tenant must live on the property

D

45. After a buyer has made an offer on a piece of real estate, the seller may: a. Accept the offer b. Reject the offer c. Make a counteroffer d. All of these choices are correct

D

46. The sale of real property normally involves three parties. Which of the following is not one of these three parties? a. Escrow agent b. Seller c. Buyer d. Paralegal

D

49. Which of the following parties is likely to undertake a title examination? a. A paralegal b. A title insurance company c. The buyer's attorney d. All of these choices are correct

D

5. Kathleen finds Grant trying to break into her saddle room. She shoves him down and calls the police to arrest him. Grant sues Kathleen for battery. Kathleen can use which of the following defenses? a. Consent b. Self-defense c. Defense of others d. Defense of property

D

50. Which of the following parties is not likely to undertake a title examination? a. A paralegal b. A title insurance company c. The buyer's attorney d. The seller's attorney

D