Exam Questions

You believe that your famous mark has been misused in a domain name, and have chosen to use the Domain Name Dispute Resolution Policy as adjudicated by WIPO. In a WIPO arbitration case, which of the following remedies is/are available to you if successful? I. You can be awarded ownership of the domain name in question. II. You can collect compensatory damages from the defendant III. You can be awarded treble damages from the defendant as punitive damages A. I only. B. II only. C. III only. D. II and III only. E. I and II only

A. I only

A trial judge has been assigned to hear a civil lawsuit. After reviewing the pleadings (materials filed in the case) the judge feels that the facts are not in dispute and that the case can be resolved without the need for a trial. In this situation the trial judge will: A. Issue a summary judgment B. Issue a directed verdict C. Issue a judgment NOV D. Require that depositions be taken E. Schedule the case for trial anyway, since everyone is entitled to their day in court

A. Issue a summary judgment

You are the judge in a case in which a plaintiff is seeking damages from a defendant. The nature of the case is an automobile accident, with the plaintiff alleging that the defendant's negligence caused him harm. The parties have waived a jury trial, and you are the sole trier of fact. As a result of the evidence presented at trial you have come to the belief that although it is a close call it is more likely than not that the defendant was negligent and should be held responsible to the plaintiff. In this case you should: A. Rule for the plaintiff based on the preponderance of the evidence rule B. Rule for the plaintiff based on the beyond a reasonable doubt rule C. Rule for the defendant based on the preponderance of the evidence rule D. Rule for the defendant based on the beyond a reasonable doubt rule E. Refuse to issue a ruling and order the litigants to appeal the case to a higher court

A. Rule for the plaintiff based on the preponderance of the evidence rule

When a case is being decided by a federal administrative agency the normal procedure is for the case to first be heard by an Administrative Law Judge. After that the losing party can appeal to: A. The Commission as a whole B. The local U.S. District Court C. The appropriate Circuit Court of Appeals D. The Court of Appeals for the Federal Circuit E. Congress

A. The Commission as a whole

If a trial judge applies "rule 11" to a case this means that: A. The defendant is entitled to damages as a result of the plaintiff filing a frivolous lawsuit B. One of the witnesses is being charged with perjury C. The jury is to disregard the testimony of one of the witnesses D. The doctrine of double jeopardy is being used to have the case dismissed E. The judge is dismissing the case due to an absence of subject matter jurisdiction

A. The defendant is entitled to damages as a result of the plaintiff filing a frivolous lawsuit

In determining whether a person copying a copyrighted work is entitled to the "fair use" defense, Congress has directed the federal courts to consider a number of factors. Which of the following is NOT one of these factors? A. The number of years that the material has been copyrighted B. The purpose of the copying C. The nature of the work D. The amount and substantiality of the copied material E. The impact of the copying on the market

A. The number of years that the material has been copyrighted

Allen, a resident of Little Rock, Arkansas, borrowed $10,000 from a small finance company located in Little Rock. The loan was for one year, with an annual interest rate of 24%. The loan was unsecured (no mortgage). Allen was aware of the fact that the interest rate was very high, but as he could not find financing anywhere else he voluntarily agreed to the terms of the loan. Which of the following is correct? A. This loan is usurious under Arkansas law. B. This loan is in violation of the Federal Limited Interest Rate Act of 1991. C. This loan is in violation of the federal Truth in Lending Law. D. This loan is subject to a federal law which negates all state usury laws, so that the creditor may legally charge any rate of interest he wishes. E. This loan is not in violation of any federal or state law as the terms of the loan were voluntarily agreed to by the borrower.

A. This loan is usurious under Arkansas law

Fred was a member of the board of directors of Acme Company. As a director he knew that the company was interested in finding some land which would be suitable for a new office building for the company. One Saturday Fred was driving around the area and noticed a "for sale by owner" sign on a piece of land that he thought was just what Acme Company was looking for. Even though Fred had no authority to make contracts for the corporation he went ahead and made an offer on behalf of the corporation to buy the land, and the offer was immediately accepted by the owner. The following Monday Fred reported what he had done to the members of the board, who unanimously approved the contract. Under these facts is this contract now enforceable against Acme Company? A. Yes, under the ratification doctrine B. Yes, under the partial disclosure doctrine C. No, since he had no authority to make contracts for Acme D. No, since Acme did not notify the seller immediately to let them know that they were approving the contract

A. Yes, under the ratification doctrine

Which of the following kinds of contracts fall within the "statute of frauds?" A. An employment contract for an indefinite period of time. B. A promise to be secondarily liable for the debt of another. C. A six month lease of an apartment to be used as a residence. D. A contract to purchase a computer for a price of $450. E. A contract to hire a highly qualified professional for the lifetime of the professional.

B. A promise to be secondarily liable for the debt of another

Acme Company is a small manufacturing company that does business only in Arkansas. It has instituted a new policy whereby current employees are subject to random drug testing. Any worker who fails the drug test is subject to immediate termination, with no option of a re-test. One of the senior employees in the company has challenged this policy. If this case went to court in Arkansas the court would probably rule in favor of: A. Acme, since there is a statutory law in Arkansas which gives the employer immunity from liability in drug testing cases B. Acme, since there is no case law or common law in Arkansas which limits the power of private companies to give random drug tests C. The worker, since Arkansas courts have held that random drug tests are a violation of the right to privacy D. The worker, since a random drug test has been held to be in violation of the due process clause of the 14th amendment

B. Acme, since there is no case law or common law in Arkansas which limits the power of private companies to give random drug tests

While you are on a ski trip you take the time to read the back of your lift ticket, and discover that there is language which states that skiing can be dangerous, and that you are assuming all of the risk of injury and agree not to hold the ski resort responsible for any injuries. This portion of the lift ticket contract is: A. An "in pari delicto" provision B. An "exculpatory" clause C. A "self insured" clause D. A "course and scope" of business clause E. Universally held to be against public policy and completely unenforceable

B. An "exculpatory" clause

Which of the following forms of ADR normally results in a ruling by a neutral third party, which is intended to be binding on the parties? A. Mediation B. Arbitration C. Summary jury trial D. ALL of the above

B. Arbitration

Comparing the regulation of "commercial speech" with "non commercial speech," it has been held that: A. Commercial speech is given greater protection than non commercial speech under the constitution B. Commercial speech is given less protection than non commercial speech under the constitution C. Both commercial speech and non commercial speech are given exactly the same protection under the constitution

B. Commercial speech is given less protection than non commercial speech under the constitution

The Uniform Commercial Code is a body of statutory law that deals in part with certain forms of contracts. Which of the following contracts would fall under the UCC (specifically, Article TWO of the UCC)? A. Two year employment contract B. Contract for sale of computer C. Contract to mow a homeowner's lawn for the summer season D. Health insurance policy E. Contract to paint a house

B. Contract for sale of computer

Gary has been in possession of a small parcel of land outside of the city limits. He has fenced off the property and is using it to graze livestock. After having done this for 35 years it is unexpectedly discovered that the fence was placed incorrectly, and that a portion of the land occupied by Gary in fact belonged to the adjoining landowner. If Gary's ownership of the portion of the land in question is challenged a court will probably rule in favor of: A. Gary due to the tenancy by the entirely doctrine B. Gary due to the adverse possession doctrine C. The neighbor, since Gary did not actually have a deed to the land in dispute D. The neighbor, since Gary did not live on the land in dispute

B. Gary due to the adverse possession doctrine

In a civil case in Arkansas a lawyer wishes to use her peremptory challenges in order to disqualify unwanted jurors. Based on precedents set by the U.S. Supreme Court, it would be illegal for her to use a peremptory challenge to disqualify a juror on the bases of: I. Race II. Gender III. Sexual orientation IV. Age A. I only. B. I and II only. C. I, II, and III only. D. I, II, III, and IV. E. None of these

B. I and II only

A federal trial court judge in Little Rock, Arkansas is considering a case, which involves a matter of federal law. The U.S. Supreme Court has never decided a case involving this point of law. In this situation the federal trial court judge is obligated to follow the interpretations of law by which of the following? I. The Arkansas Supreme Court II. The U.S. Court of Appeals for the Eighth Circuit (St. Louis, Missouri) III. The U.S. Court of Appeals for the Ninth Circuit (San Francisco, California) A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III.

B. II only

Fred and Alice formed an at will partnership on January 1, 20XX. There was no formal written agreement. Which of the following is correct under the Uniform Partnership Act? I. If Fred makes a contract on behalf of the partnership in the regular course of business without first consulting with Alice, the contract is NOT binding on the partnership II. If Alice dies her heirs will inherit the economic value of her portion of the partnership but will NOT become partners III. Neither partner can legally withdraw from the partnership without just cause A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

B. II only

The "Freedom of Information Act" generally requires public access to written records held by: I. Private companies, such as Wal-Mart II. Public entities, such as the City of Fayetteville A. I only. B. II only. C. I and II. D. Neither I nor II

B. II only

Which of the following is primarily the responsibility of the JURY in a civil trial? I. Conduct an independent investigation to determine what happened in the case II. Listen to the evidence presented at trial and determine what happened in the case III. Read and interpret the law which is to be applied in the case A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

B. II only

Which of the following is NOT considered to be a disability covered by the ADA? A. Alcoholism B. Need to wear glasses C. Heart disease D. AIDS E. Cancer

B. Need to wear glasses

When an administrative agency of the federal government wishes to adopt and implement a new regulation, they are generally required to set aside 30 days for: A. Review by Congress B. Public comment C. Approval by the executive branch (president) D. Approval by the Court of Appeals for the Federal Circuit E. Approval by the local U.S. District Court

B. Public comment

The Shannon v. Ashworth case involved three young boys who purchased alcohol from a liquor store. The store did not check the ID's of these minors, and they later died in a car accident. In this case the Arkansas Supreme Court: A. Followed a long line of Arkansas cases and held that the liquor store could be held liable for the damages sustained by the minors. B. Reversed a long line of Arkansas cases and held that the liquor store could be held liable for the damages sustained by the minors. C. Followed a long line of Arkansas cases and held that the liquor store could NOT be held liable for the damages sustained by the minors D. Reversed a long line of Arkansas cases and held that the liquor store could NOT be held liable for the damages sustained by the minors E. Refused to hear the case since the decision of the jury was considered final

B. Reversed a long line of Arkansas cases and held that the liquor store could be held liable for the damages sustained by the minors

Eddie, age 16, entered into a contract with Bill, a 21 year old college student, to purchase a laptop which Bill had used for several years. Eddie gave Bill $300 in cash (which he had earned working at the local mall). Neither party said anything about Eddie's age. Three weeks later Eddie changed his mind and told Bill that he did not want the laptop after all, and would like his money back. Applying general common law to this case: A. The contract cannot be rescinded by Eddie since he did not tell Bill that he was under 18 B. The contract is voidable and Eddie has the right to rescind by tendering the laptop to Bill C. The contract is voidable but Eddie's right to rescind terminates 7 days after the date of sale D. The contract is completely void since one of the parties (Eddie) lacked legal capacity

B. The contract is voidable and Eddie has the right to rescind by tendering the laptop to Bill

A sporting goods store in Fayetteville is owned by a person who lives in another state. The owner has hired Walter as the manager of the store, with authority to hire employees, order inventory, etc. However, the owner directed Walter not to purchase any inventory from Ajax Sporting Goods Supply Company, as he had a personal conflict with the owner of Ajax. Walter forgot all about this instruction and made a contract with Ajax to buy inventory. Not long after the inventory was delivered the owner of the store discovered what happened and told Walter that he would not pay for the inventory (and also fired Walter). Under these facts can the owner of the Fayetteville store be held liable to pay for this inventory? A. Yes, under the express authority doctrine B. Yes, under the implied authority doctrine C. Yes, under the ratification doctrine D. No, since Walter lacked authority to make the contract

B. Yes, under the implied authority doctrine

Allen sustained serious injuries in an automobile accident. He has brought a lawsuit against the driver of the other car. The jury in the case determined that the driver of the other car (the defendant) was negligent, and that the total amount of damages was $120,000. The jury also determined that Allen's own negligence was a factor in the case, and that Allen was 10% contributorily negligent. Under the laws of most states this would mean that Allen would be able to recover what amount from the defendant? A. 0 B. $100,000 C. $108,000 D. $112,000 E. $120,000

C. $108,000

A little more than 50 years ago the Supreme Court applied the equal protection clause in cases involving allegations of race discrimination in such areas as public education. The court applied the strict scrutiny test in such cases. Under this standard a government would have to prove that treating members of different races differently could be justified only on the basis of: A. A fair and reasonable need B. A benefit to the national interest C. A compelling state interest D. A rational and logical reason for different treatment E. The preponderance of the evidence rule

C. A compelling state interest

A contractor has completed the construction of a new house. Unfortunately, the construction was not entirely in compliance with the requirements of the contract. The contractor wishes to collect payment under the "substantial performance" doctrine. Which of the following is/are required element(s) of this doctrine? I. Contractor has acted in good faith. II. The work was reasonably close to what was required under the contract A. I only. B. II only. C. Both I and II. D. Neither I nor II

C. Both I and II

Wally and Karen formed a partnership on January 1, 20XX. Their written partnership agreement stated that profits would be distributed in the same proportion as contributions, which were: Wally: $60,000; Karen: $40,000. There was no agreement as to how losses would be distributed. Which of the following is correct? A. Both profits and losses will be distributed 50/50 B. Profits will be distributed 60/40; losses 50/50 C. Both profits and losses will be distributed 60/40 D. Both profits and losses will be distributed based on the amount of revenue each individual partner was responsible for in the ordinary course of business.

C. Both profits and losses will be distributed 60/40

The doctrine of "stare decisis" is most closely associated with the development of which of the following "systems" of law? A. Civil law B. Criminal law C. Common law D. UCC law E. Sharia law

C. Common law

Allen has been trying to buy up land in a certain area in order to build a shopping mall. He is afraid that if property owners find out what he wants to do with the land they will demand an exorbitant price for the land. For this reason Allen has a real estate agent make offers to buy the land, and instructed the agent to not disclose to the sellers the true identity of the buyer (Allen). Assuming that the real estate agent follows these instructions, who can the sellers hold liable on the real estate contracts made by the real estate agent on Allen's behalf? A. Allen only B. The real estate agent only C. Either Allen or the real estate agent

C. Either Allen or the real estate agent

Carol is a school teacher at Happy Child School. At the end of the school year she received a letter from the principal stating that she had been chosen the "teacher of the year," and would be receiving a $5,000 bonus for her outstanding work. Carol immediately phoned the principal and thanked him for the bonus, which she had not expected since she did not even know that such an award existed. Two weeks later the principal sent another letter to Carol letting her know that due to budget problems she would not be getting the bonus. If Carol should go to court to collect the bonus, a court would probably rule: A. For Carol since this is a valid bilateral contract B. For Carol, since this is a valid unilateral contract C. For the school, under the past consideration rule D. For the school, under the pre-existing duty rule E. For the school, under the parole evidence rule

C. For the school, under the past consideration rule

Under the Lanham Act, which of the following would be the WEAKEST mark (least likely to protection)? A. Descriptive B. Suggestive C. Generic D. Fanciful E. Arbitrary

C. Generic

Certain creditors of a small corporation have brought a lawsuit against the corporation and the shareholders of the corporation. They are able to present to the trial court judge convincing evidence that the shareholders have co-mingled their personal funds with that of the corporation. The plaintiffs are asking for the judge to hold the shareholders personally liable for the debts of the corporation. Assuming that the creditors can prove the facts that they are alleging, a trial judge will probably: A. Hold the shareholders liable under the "business judgment rule" doctrine B. Hold the shareholders liable under the "fiduciary duty" doctrine C. Hold the shareholders liable under the "pierce the corporate veil" doctrine D. Hold the shareholders liable under Ch. 11 of the bankruptcy code E. Not hold the shareholders liable since shareholders are guaranteed limited liability under corporate law

C. Hold the shareholders liable under the "pierce the corporate veil" doctrine

The fourth amendment gives protection from searches and seizures by government (both federal and state). A legal search by the government can be made in which of the following circumstances: I. Consent by the party to be searched. II. Warrant obtained by the government prior to the search. III. The fact that the search, although made without a warrant, revealed criminal activity by the person searched. A. I only. B. II only. C. I and II only. D. II and III only. E. I, II, and III.

C. I and II only

Which of the following is a basic component of a crime? I. Actus reus II. Mens rea III. Injury sustained by a victim A. I only. B. II only. C. I and II only. D. I and III only. E. I, II, and III

C. I and II only

Acme Company has its main office in Tulsa, Oklahoma, but also does business in Missouri. It is being sued for breach of contract by another company located in New Orleans, Louisiana. Acme has no offices or employees in Louisiana and does no business in that state. The amount of the lawsuit is $200,000 and no federal question is presented. Acme can be sued by the Louisiana plaintiff in which of the following courts? I. State court in Oklahoma II. Federal court in Oklahoma III. Federal court in Missouri IV. Federal court in Louisiana A. I only. B. I and II only. C. I, II, and III only. D. IV only. E. I, II, III and IV

C. I, II, and III only

Which of the following would normally be included in the Articles of Incorporation of a corporation? I. Name of the corporation II. Names of the incorporators III. Number of authorized shares of stock IV. Names of the officers A. I only. B. I and II only. C. I, II and III only. D. I and III only. E. I, II, III and IV

C. I, II, and III only

Which of the following would be considered an "unfair labor practice" under federal labor law? I. Forcing workers on company time to attend an "anti union eductional meeting" conducted by management II. Hiring "replacement workers" during a strike so that the business can continue to operate III. Having management poll the workers prior to a certification election to determine the strength of union support among the workers A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

C. III only

Mary entered into a contract to purchase a business which included an office building and office equipment. The contract stated that it would be cancelled if Mary was unable to obtain adequate financing. The provision for financing: A. Makes the contract void B. Is a valid "satisfaction" clause C. Is a valid "condition." D. Is valid under the "substantial performance" doctrine E. Is completely disregarded for purposes of determining the obligation of the parties.

C. Is a valid "condition"

You have applied for a job as a lending officer with a local bank, but are told that you are not eligible for the job since you are only 23 years old, and the bank requires all lending officers to be at least 25 years old. You have decided to sue the bank, alleging that this hiring practice constitutes illegal discrimination. In this case you will probably: A. Win, since this violates Title Seven of the 1964 Civil Rights Act B. Win, since this violates the Age Discrimination in Employment Act C. Lose, since you are too young to be covered by the Age Discrimination in Employment Act D. Lose, since age is considered to be a BFOQ for a lending officer position with a bank

C. Lose, since you are too young to be covered by the Age Discrimination in Employment Act

Which of the following is NOT an element of an unintentional tort? A. Duty B. Breach of duty C. Malice D. Causation E. Damages

C. Malice

In 1964 Congress passed the Civil Rights Act. Title Seven of this act prohibits certain forms of discrimination in employment. Which of the following is NOT a protected class under this law? A. Race B. Religion C. Marital status D. National origin E. Gender (sex)

C. Marital status

Which of the following forms of ADR is often required by trial court judges before they will schedule a case for trial? A. Moot court exercise B. Rent a judge ADR C. Mediation D. Arbitration E. Mock trial

C. Mediation

The owner of a small music store in Fayetteville noticed a shopper who appeared to be taking a CD out of the store without paying for it. The owner hurried out of the store, detained the customer, and asked to see the receipt for the CD. The customer immediately produced the receipt, and the store owner apologized and let the shopper go about her business. Has the store owner committed the tort of "false imprisonment?" A. Yes as the stopping was based on a false belief by the store owner B. Yes as the doctrine of "strict liability" is applicable in this case C. No, under the shopkeeper's privilege D. No, as under federal law shoppers impliedly waive any common law privacy when they enter a store

C. No, under the shopkeeper's privilege

Mike owned a house located in Fayetteville. He sold the house to Nathan, who paid cash for the house and received a general warranty deed from Mike. Nathan did not know that he was supposed to record this deed in the Washington County courthouse until about two weeks after the deed was executed. In the meantime Mike fraudulently sold the house to Otis, who was in good faith and also paid cash for the property and (knowing about the filing requirement) filed the deed in the Washington County courthouse. Nathan's filing came two days later. Applying general common law to this situation, who is now considered to be the lawful owner of the house? A. Mike B. Nathan C. Otis D. The state of Arkansas

C. Otis

The federal government has exclusive authority to control airplane traffic in the U.S., with state governments having no authority in this area whatsoever. This doctrine of exclusive federal authority is known as: A. Full faith and credit B. Due process C. Preemption D. Federalism E. Incorporation

C. Preemption

About half of the states are "right to work" states. This means that in these states it is illegal to: A. Discriminate against job applicants on the basis of sexual orientation B. Discriminate against job applicants on the basis of level of education C. Require employees to join a labor union as a condition of employment D. Fire an at will worker without just cause E. Require job applicants to take a pass a drug test.

C. Require employees to join a labor union as a condition of employment

Frank sent a letter to Gary (who lived in another state). The letter contained a legal offer for a service contract. Gary received the letter on Wednesday, September 22. On Thursday, September 23 Gary decided that he wanted to accept the offer. On Friday, September 24 Gary mailed a letter (properly addressed and stamped) to Frank accepting the offer. The letter was received by Frank on Monday, September 27. Under the general common law a contract was formed on: A. September 22 B. September 23 C. September 24 D. September 27 E. No contract was formed since Gary did not have the right to accept by using the mails.

C. September 24

Which of the following forms of damages is considered to be an "equitable" remedy under the common law of contracts? A. Compensatory damages. B. Liquidated damages. C. Specific performance. D. Non-pecuniary damages. E. Attorney's fees.

C. Specific performance

Assume that Oregon has established a minimum wage of $10 per hour. The federal minimum wage is $7.25 per hour. Which of the following is correct? A. Since federal law is superior to state law, the Oregon minimum wage law has no effect in Oregon. B. The Oregon minimum wage law applies only to employees of the Oregon state government C. The Oregon minimum wage law applies to all employees in the state of Oregon. D. Under the U.S. Constitution only the federal government can establish a minimum wage, so the Oregon law has no effect whatsoever.

C. The Oregon minimum wage law applies to all employees in the state of Oregon

In a 1964 case the Supreme Court upheld the constitutionality of the civil rights act as it related to the use of public facilities (motels). The law was upheld on the basis of: A. The power to tax B. The equal protection clause C. The commerce clause D. The principle of federalism E. The due process clause

C. The commerce clause

Allen filed for bankruptcy on November 1, 20XX. Two months prior to bankruptcy he gave his sister diamond earrings as a birthday present and also to shield some of his assets from the trustee in bankruptcy (which he knew was imminent). Allen had paid $10,000 for the earrings. The trustee has challenged this gift as invalid, and is asking the bankruptcy court to force the sister to turn the earrings over to the court. Which of the following is correct? A. The trustee's challenge will be rejected as the gift to the sister was made in good faith to a close relative B. The trustee's challenge will be rejected as the gift to the sister was made more than 30 days prior to the filing of the bankruptcy petition C. The court will invalidate the gift as it is a fraudulent transfer D. The court will invalidate the gift as it is a preference E. The court will invalidate the gift as it was a transfer not supported by consideration

C. The court will invalidate the gift as it is a fraudulent transfer

Karen is working for a small bank in Fayetteville. The CEO of the bank determined that someone had been embezzling money from the bank. Pursuant to an investigation the CEO concluded that Karen was the guilty party. For this reason he called Karen into his office and let her know that he was going to charge her with a crime. Karen denied any responsibility, and since she was so convincing the CEO decided that he was mistaken and that Karen did nothing wrong. Even though the CEO never told anyone other than Karen of his belief that she was guilty of embezzlement, Karen decided to sue the CEO for defamation. The CEO's BEST defense in such a case is: A. Qualified privilege given to managers B. The fact that the statements to Karen were only verbal and not in writing C. The fact that he told no one other than Karen D. Absolute privilege given to managers E. The fact that he did not act with malice

C. The fact that he told no one other than Karen

The United States Circuit Court of Appeals normally hears appeals from which of the following? A. State trial courts B. State supreme courts C. U.S. District Courts D. U.S. Supreme Court E. Social Security Administration

C. U.S. District Courts

The famous Palsgraf case established a legal principle that helped to determine issues of "causation" in a tort case. The court in this case stated that a defendant was responsible for damages to the victim only if the victim: A. Knew about the identity of the defendant at the time of the incident B. Sustained extreme and traumatic harm C. Was within the ambit of foreseeable risk D. Sustained permanent physical injuries E. Was killed in the incident

C. Was within the ambit of foreseeable risk

Which of the following would be a violation of the copyright laws? A. You copy a movie which is broadcast over TV so that you can watch it later B. You copy a single page from a history book and use it as part of a speech to a local book club C. You copy a CD of a popular singer's greatest hits and give it to a friend for her birthday D. You copy a long quote from the play "Hamlet" (by William Shakespeare) and use it in a letter to the editor of a local paper. E. NONE of the above are violations of the copyright laws.

C. You copy a CD of a popular singer's greatest hits and give it to a friend for her birthday

Kathy has 4 credit cards, each of which has a maximum credit limit of $2,000. She accidentally lost her purse which contained all four of the cards. By the time she realized what had happened the finder (thief?) charged $200 on each card (a total of $800). Under federal consumer protection law, what is the maximum amount of loss that Kathy can sustain in this case? A. $50 B. $100 C. $150 D. $200 E. $800

D. $200

Which of the following chapters of bankruptcy allows a consumer debtor to reorganize his/her debts and pay them off over a three to five year period? A. 7 B. 9 C. 11 D. 13 E. 15

D. 13

A "power of attorney" is BEST described as: A. An oral employment contract between a principal an agent B. A written document which gives to an agent implied authority C. A written document which gives to an agent apparent authority D. A written document which gives to an agent express authority E. A written employment contract between a principal and a licensed attorney

D. A written document which gives to an agent express authority

Acme Company, which sells sporting goods to retail outlets in seven southern states, has established a policy stating that all of its employees should be "team players," and that employees who criticize company policy to individuals not associated with Acme are subject to immediate dismissal. Baker, an Acme employee, violated this policy by "talking bad" about the company to his friends at church. He was immediately fired. Baker has sued Acme, claiming that this policy violated his right to free speech under the first amendment of the U.S. Constitution. If this case were to go to court a judge would probably rule that: A. Baker has a valid claim due to the fact that Acme engages in interstate commerce B. Baker has a valid claim since his statements were made in church C. Acme has not violated the constitution since Baker's statements were not made in a public outlet, such as a newspaper or television report D. Acme has not violated the constitution since there is no state action

D. Acme has not violated the constitution since there is no state action

You have just opened a new sporting goods store. In order to attract new customers you place advertisements in the local newspaper that every customer who comes into the store and buys at least $5 of merchandise can place their name in drum, and at the end of the first month of doing business a drawing will be held. The prize is a free trip to the NCAA Final Four (basketball championship game), complete with tickets, transportation and lodging. Under general common law this would probably be considered: A. A valid bilateral contract B. A valid unilateral contract C. An illegal adhesion contract D. An illegal gambling contract E. A legal "condition precedent."

D. An illegal gambling contract

Alice, Bart, and Connie purchased a farm in a "joint tenancy" (joint ownership). Five years later Alice died, leaving all of her property to her only son Don. After Alice dies: A. Don owns jointly with Bart and Connie B. Don owns in common with Bart and Connie, who still own jointly C. Bart and Connie own in common D. Bart and Connie own jointly E. Bart and Connie own by the entirety

D. Bart and Connie own jointly

The ninth amendment helps to explain the basic nature of the rights guaranteed under the bill of rights. This amendment states that the bill of rights protects: A. All rights of citizens except for those which were specifically excluded by other parts of the constitution B. Those basic rights which were provided for in the state constitutions C. Only those rights specifically referred to in the bill of rights D. Basic rights including those not specifically stated in the bill of rights E. Only individuals who are defendants in a criminal case

D. Basic rights including those not specifically stated in the bill of rights

Which of the following correctly states the usual order of events in a civil lawsuit? A. Service of process, complaint, discovery, answer B. Complaint, service of process, discovery, answer C. Complaint, discovery, answer, service of process D. Complaint, service of process, answer, discovery E. Discovery, complaint, service of process, answer

D. Complaint, service of process, answer, discovery

Carter was an officer and member of the Board of Directors of a large company whose shares of stock are traded on a national exchange. Carter learned during a private board meeting that within the next three days the company was going to release a quarterly financial statement that was going to reflect that the quarterly earnings were less than half of what was expected. Based on this information Carter immediately sold 100,000 shares of stock in the company. When the financial statements were released a few days later the price of the stock fell $3 per share. By selling when he did, Carter saved $300,000. This action by Carter: A. Constitutes illegal money laundering B. Constitutes a violation of the RICO law C. Constitutes a violation of the state embezzlement laws D. Constitutes a violation of federal insider trading laws E. Is legal since Carter obtained the information in a lawful manner

D. Constitutes a violation of federal insider trading laws

Assume that a contract contains a "satisfaction guaranteed" clause. Which of the following would be most likely to be subject to the "subjective" standard of this doctrine? A. Contract to purchase office equipment B. Contract to purchase a new office building C. Contract to purchase farm equipment D. Contract to pay an artist for painting your portrait E. ALL of these would be subject to the SUBJECTIVE standard

D. Contract to pay an artist for painting your portrait

Some U.S. companies are required to engage in "affirmative action" in order to provide increased job opportunities for protected classes which had been previously underrepresented in the workforce. Which of the following companies are subject to this legal requirement? A. All companies which are subject to the 1964 Civil Rights Act B. All companies which engage in any form of interstate commerce C. All companies which have offices in more than one state D. Contractors or sub contractors which do business with the federal government E. All employers with 50 or more employees and total revenues in excess of $1 million

D. Contractors or sub contractors which do business with the federal government

Which of the following is NOT one of the required elements of a contract? A. Agreement B. Consideration C. Capacity D. Fairness E. Legality

D. Fairness

The requirement that states recognize and enforce the official civil court judgments of other states is known as: A. Due process doctrine B. Equal protection doctrine C. Federalism doctrine D. Full faith and credit doctrine E. Supremacy doctrine

D. Full faith and credit doctrine

Acme Company found itself in desperate need of a new CEO. They learned that the CEO of one of its major competitors might be interested in a new job. When they contacted him they learned that the CEO had six months remaining on his contract, and would not consider working for Acme until he had fulfilled the terms of his contract. Acme then promised to pay the CEO a bonus of $400,000 if he would leave his current job immediately and become the CEO of Acme. The CEO agreed, quit his job with the competitor, and went to work for Acme. The competitor then brought lawsuits against both Acme and the CEO. In this case Acme: A. Has committed the tort of appropriation of identity B. Has committed the tort of intrusion into an individual's private affairs or seclusion C. Has committed the tort of commercial theft D. Has committed the tort of wrongful interference with a contract E. Has no responsibility to the competitor since it was the CEO who willingly breached his contract with the competitor

D. Has committed the tort of wrongful interference with a contract

Allen sustained personal injury when the new car that he was driving crashed into a parked bus. The accident was a direct result of faulty brakes. He has decided to sue the manufacturer of the car in a "product liability" lawsuit. Which of the following is/are an essential element of such a case? I. The product was sold by a professional seller II. The product was defective and the defect caused the product to be unreasonably dangerous III. He was in privity of contract with the defendant A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

D. I and II only

In which of the following would the federal courts have jurisdiction, which is concurrent with the state courts? I. Diversity case involving more than $75,000 II. Case involving a federal question III. Case in which the United States is a party A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

D. I and II only

Which of the following is a change in the law made by the Bankruptcy Reform Act of 2005? I. It forces some debtors to file under the Wage Earner's chapter rather than the Straight Liquidation chapter II. It requires consumer debtors to go through credit counseling prior to filing for bankruptcy III. It makes credit card debt nondischargeable A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

D. I and II only

You have just won a civil case against the defendant and have been awarded a judgment in the amount of $120,000. The defendant has failed to pay the judgment. Which of the following rights do you have in this situation? I. Seize and sell non exempt assets of the debtor II. Garnish the wages of the debtor III. Have the debtor imprisoned for failure to pay a just debt A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

D. I and II only

Which of the following is correct regarding a patent: I. It can be obtained through registration with the federal patent office II. It can be obtained through registration with any state government's patent office III. It's maximum duration is 20 years A. I only. B. II only. C. I and II only. D. I and III only. E. I, II, and III

D. I and III only

Based on the Uniform Business Corporation Code, which of the following is within the authority of the board of directors? I. Amend the articles of incorporation II. Hire the officers III. Declare dividends A. I only. B. II only. C. III only. D. II and III only. E. I, II, and III

D. II and III only

The Arkansas Finance Company lent Bill $10,000, taking as collateral for the loan a mortgage on Bill's car. Not long after the loan was made Bill defaulted on the loan, and Arkansas has repossessed the car. Which of the following is correct? I. The repossession of the car must be done by the sheriff or other public official II. After the car is repossessed it can be sold at public auction, provided the debtor is given sufficient notice III. If the sale of the car does not bring sufficient money to pay the debt in full, Bill is liable for a deficiency judgment A. I only. B. II only. C. III only. D. II and III only. E. I, II, and III

D. II and III only

You have hired a lawyer to represent you in a lawsuit. The lawyer has indicated that he always takes cases of this kind on a "contingency fee" basis. This means that the lawyer: A. Is paid on an hourly basis. B. Is paid a fixed amount regardless of the number of hours put into the case C. Is paid a fixed amount but only if he wins the case for you D. Is paid only if he wins the case for you, and then a percentage of the amount recovered E. Is working for you on a pro bono basis (no fee)

D. Is paid only if he wins the case for you, and then a percentage of the amount recovered

One of the most famous cases in U.S. history is Marbury v. Madison (1803). The case involved a claim that a statute passed by Congress was in violation of the U.S. Constitution. Which of the following best describe the final ruling in this case? A. If a statute conflicts with the constitution the statute controls provided it was passed by at least 2/3 of both houses of Congress. B. It is the responsibility of Congress to determine whether or not a statute violates the constitution C. It is the responsibility of the President to determine whether or not a statute violates the constitution D. It is the responsibility of the Supreme Court to determine whether or not a statute violates the constitution E. The constitution can be amended by a 2/3 vote of both houses together with assent by the President

D. It is the responsibility of the Supreme Court to determine whether or not a statute violates the constitution

James suffered a serious injury during regular working hours. He has applied for worker's compensation. Which of the following is correct? A. In order to collect workers' compensation James must be able to prove that his employer was negligent, and said negligence directly caused his injuries. B. James cannot win if the facts show that James' own negligence substantially contributed to his injuries C. James can waive worker's compensation and seek to collect from the employer on the basis of tort law D. James can collect worker's compensation only if his injuries occurred while he was in the course and scope of employment E. James cannot collect worker's compensation if he has violated a safety rule mandated by OSHA

D. James can collect worker's compensation only if his injuries occurred while he was in the course and scope of employment

Thomas allegedly attempted to take the life of a U.S. Postal Service employee during a time when the postal worker was engaged in his official functions. If proven this would be a violation of both state (Arkansas) and federal law. He was charged by the state of Arkansas with the crime of attempted murder, but was found to be "not guilty" in a jury trial. Which of the following is correct? I. If new evidence is discovered which shows beyond a reasonable doubt that Thomas committed this crime, he can be re-tried by the state of Arkansas. II. Thomas' acquittal in state court results in the federal government not having the right to prosecute Thomas, as this would violate the double jeopardy doctrine. A. I only. B. II only. C. Both I and II. D. Neither I nor II

D. Neither I or II

Allen is considering making an offer to Baker to purchase Baker's house. Allen and Baker had been discussing the matter for several weeks, and finally Allen decided to make an offer to Baker. He typed up the offer on his office computer, printed it off, and put it on his desk expecting to give it to Baker later that day. He then left for lunch. Baker's office happened to be in the same building, and while Allen was at lunch Baker wandered into Allen's office (which had been left open), saw the offer, and wrote "I accept, Baker" at the bottom of the document. During lunch Allen changed his mind and decided not to buy the house after all. Baker insists that he already accepted Allen's offer, and therefore a contract exists between the two parties. Is there a contract in this case? A. Yes, as the offer was communicated as soon as Baker read the document B. No, as there was no legal intent C. No, as the offer was not reasonably definite D. No, as the offer was not legally communicated to the offeree E. No, as the statute of frauds has not been satisfied

D. No, as the offer was not legally communicated to the offeree

OSHA is a federal agency that deals with safety issues in the workplace. The agency has the power to issue fines to businesses that are found to have safety violations. A ruling by the OSHA Administrative Law Judge can be appealed. The first level of appeal in most cases is to the: A. U.S. District Court B. U.S. Court of Claims C. U.S. Court of Appeals D. OSHA Review Commission E. Federal Administrative Review Board

D. OSHA Review Commission

Which of the following most accurately describes a crime, which involves taking something of value from another while confronting them "face to face?" A. Theft B. Burglary C. Battery D. Robbery E. Manslaughter

D. Robbery

Carol owned a house which she had been renting to tenants for a number of years. She decided to give the house to her sister Sarah, but only on a "life estate" basis. Carol named her only daughter (Judy) as the remainderman. Which of the following is correct? A. Once Carol dies Judy will own a life estate in the property B. Once Sarah dies Judy will own a life estate in the property C. If Judy dies before Sarah, Sarah will own the house in fee simple absolute D. Sarah can sell her life estate to a third person, who will own a life estate for Sarah's life E. Judy can sell her remainder interest to a third person who will become the outright owner after Judy's death

D. Sarah can sell her life estate to a third person, who will own a life estate for Sarah's life

Tammy is an at will employee of Wonderful Company, which has 25 employees and does business only in the state of Arkansas. Tammy discovered that Wonderful has been engaging in activities which constitute defrauding a branch of the federal government. Tammy reported this information to the local U.S. Attorney (prosecuting attorney). When Tammy's manager learned of Tammy's actions he fired her immediately. Tammy has filed a wrongful termination lawsuit against Wonderful. Assuming these facts can be proven, what is the most likely outcome of Tammy's case? A. Wonderful will win as Tammy is an at will employee B. Wonderful will win under the "power v. right" doctrine C. Tammy will win under the implied contract theory D. Tammy will win under the public policy doctrine

D. Tammy will win under the public policy doctrine

The Arkansas case of Smith v. Russ involved a claim for "consequential damages." In this case consequential damages were NOT awarded due to the fact that: A. The damages could not be proven B. The amount of the damages was unreasonable relative to the amount of the contract C. The possibility of consequential damages was specifically denied in the written contract D. The damages could not reasonably be anticipated by the party in default. E. NONE of these; consequential damages were awarded by the jury and confirmed by the appellate court.

D. The damages could not reasonably be anticipated by the party in default

In a criminal case a jury deliberated three hours before finding the accused "not guilty." Which of the following BEST describes the meaning of this finding? A. The jury determined that the defendant had proven beyond a reasonable doubt that he was not guilty B. The jury determined that the defendant had proven by a preponderance of the evidence that he was not guilty C. The prosecution did not prove by a preponderance of the evidence that the defendant was guilty D. The prosecution did not prove beyond a reasonable doubt that the defendant was guilty E. The prosecution did not prove with absolute certainty that the defendant was guilty

D. The prosecution did not prove beyond a reasonable doubt that the defendant was guilty

In the famous Kelo v. City of New London case the U.S. Supreme Court was interpreting the "eminent domain" doctrine in the U.S. Constitution. The primary issue of the case was whether: A. Just compensation had been paid by New London B. Eminent domain could be used to take private homes C. The state legislature had specifically authorized the taking D. The taking was for a public use E. The city could delegate the eminent domain right to a private developer

D. The taking was for public use

On Monday, September 20, Elaine, the owner of a business that sells office equipment, received a written offer from a customer (Charles) whereby Charles (a doctor) offered to purchase a copy machine from Elaine. The letter stated that Charles would be willing to pay $500 for the copier. The letter also stated that the offer would be held open only until Friday, September 24 at noon. Which of the following is correct? A. There is no offer in this case since Charles did not include a check for $500 at the time the offer was made. B. There is no offer in this case since Charles did not personally (face to face) deliver the offer to Elaine. C. There is a legal offer in this case, and Charles is obligated to hold the offer open for the indicated time D. There is a legal offer in this case, but Charles can revoke by simply deciding that he no longer wants the copier E. There is a legal offer in this case, but Charles can revoke by notifying Elaine prior to her acceptance of the offer

E. There is a legal offer in this case, but Charles can revoke by notifying Elaine prior to her acceptance of the offer

Which of the following refers to a contract which is so unfair and one sided as to unworthy of enforcement by a court? A. Mistake B. Fraud C. Misrepresentation D. Duress E. Unconscionability

E. Unconscionability

Tiger Company is a business in which a large number of workers are on the phone or the computer with customers and potential customers, and these employees are in a large room with virtually no privacy. A number of male employees, instead of performing actual work, spend time viewing sexually explicit sites on the internet. A number of female employees have complained to management and can prove that these actions were severe and pervasive, but nothing has been done by management. Some of the female employees have brought a suit against Tiger claiming "sexual harassment." Which of the following is correct? A. Tiger has no liability since they cannot be held responsible for the actions of their employees B. Tiger has no liability since the female employees waived their rights when they continued to work under the conditions described C. This is considered "quid pro quo" sexual harassment, for which Tiger Company is responsible D. This is considered "hostile environment" sexual harassment, for which Tiger Company is responsible

D. This is considered "hostile environment" sexual harassment, for which Tiger Company is responsible

Mitchell wrote a book called "My Life as a Clown." He completed the project in 2005, and marked the work "copyright, 2005, Mitchell." The book sold very well until 2013, after which there were no more sales. Mitchell died in 2014, and his heirs inherited all of his property rights. In what year will Mitchell's copyright expire? A. 2034 B. 2055 C. 2064 D. 2075 E. 2084

E. 2084

The law of torts is based primarily on which of the following? A. The UCC B. Federal statutory law C. State statutory law D. Laws passed by the British Parliament E. Case law

E. Case law

When the Bill of Rights was adopted in 1791 it was intended that they would apply only to the federal government, not to the state governments. However, over the past 75 years the Supreme Court interpretations of the constitution has resulted in most of the provisions of the constitution being applicable to the state governments as well as to the federal government. This is due mainly to the ____________________ clause in the 14th amendment: A. Supremacy B. Full faith and credit C. Federalism D. State action E. Due process

E. Due process

Under the U.S. Truth in Lending Law a debtor may cancel a certain kind of obligation if the debtor acts within three days. Which of the following is subject to this federal consumer protection "three day" rule? A. Purchase made with a credit card B. Purchase made with a debit card C. Contract to purchase any property classified as "real property" under state law D. Any purchase agreement for property classified as a "luxury item." E. Home mortgage loan

E. Home mortgage loan

A copyright can be obtained in which of the following ways? I. Registration with the U.S. Copyright office II. Registration with the appropriate state agency III. Common law (no registration) A. I only. B. II only. C. III only. D. I and II only. E. I and III only.

E. I and III only

Five years after graduating from the Walton College you are given an outstanding offer from an employer in Little Rock. Included in the employment contract is a "non compete" agreement which prohibits you from quitting your job and going to work for a competitor. Which of the following would have to exist in order for such an agreement to be legally enforceable? I. The employer must have a reasonable business purpose II. The non compete agreement must be reasonably limited as to time III. The non compete agreement must be reasonably limited as to area A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

E. I, II, and III

In which of the following forms of doing business will the owners of the business have the benefit of "limited liability?" I. Ordinary corporation II. Subchapter S corporation III. Limited Liability Company A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

E. I, II, and III

The U.S. Supreme Court has heard numerous cases involving freedom of speech and the question of whether certain forms of speech are entitled to protection under the free speech clause in the first amendment. Which of the following forms of speech have been held to be unprotected speech? I. Speech which presents a clear and present danger II. Defamation III. Obscenity A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

E. I, II, and III

Which of the following forms of damages is/are generally recoverable in a tort case? I. Medical expenses II. Loss of earnings III. Pain and suffering A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

E. I, II, and III

Carter filed for bankruptcy on October 1, 20XX. At the time of the filing Carter owned 500 shares of Wal-Mart stock. The balance in his checking account at Safe Bank was exactly $10,000. He also had a job which paid him $1,000 per week. Carter was last paid on September 30, 20XX. Two weeks after filing for bankruptcy Carter's favorite uncle died and left Carter $5,000. Which of the following will be included in Carter's "estate" for bankruptcy purposes (ignoring state or federal exemption laws) I. The 500 shares of Wal-Mart stock II. The $10,000 in his checking account III. $1,000 which was earned by Carter the week after the filing IV. The $5,000 that was inherited from Carter's uncle A. I only. B. I and II only C. I, II, and III only D. II and IV only. E. I, II and IV only

E. I, II, and IV

Which of the following debts CANNOT be discharged in bankruptcy? A. Credit card debts B. Loans which are owed to a federally insured bank C. Liability for personal injuries resulting from an automobile accident where the debtor was found to be negligent D. Liability for a breach of contract in which a court found that the debtor deliberately breached the contract E. Liability for unpaid child support for the past year

E. Liability for unpaid child support for the past year

Allen shot and killed his neighbor seconds after discovering that the neighbor was abusing his teenage daughter. Assuming that Allen's actions were the result of extreme emotional disturbance, this crime is best classified as: A. Murder in the first degree B. Murder in the second degree C. Capital murder D. Negligent homicide E. Manslaughter

E. Manslaughter

Under the doctrine of "respondeat superior" the principal can be held liable for a tort committed by an agent. Which of the following is generally required for this doctrine to be applicable? I. The agent must be considered a servant II. The agent must have been in the course and scope of employment A. I only. B. II only. C. Both I and II only. E. Neither I nor II

E. Neither I or II

You are the office manager for a small business, and are in charge of hiring and firing. All of your employees have been hired on an at will basis. Assume that you have decided to terminate some of the employees. For which of the following reasons would this firing be considered a "wrongful discharge?" (assume that in each instance the employee was not given a warning prior to the actual firing) I. Firing an employee for arriving late two consecutive days II. Firing an employee for dressing too casual on Casual Friday III. Firing an employee for failing to proof read E mail with the result that there were numerous spelling errors A. I only. B. II only. C. III only. D. I, II, and III. E. None of these

E. None of these

You have been arrested on Dickson Street for buying illegal drugs. The person who sold you the drugs was actually an undercover officer working for the state of Arkansas, who merely offered to sell you the drugs. Which of the following defenses could be successfully used by you to avoid a conviction? I. Failure to receive the Miranda warnings prior to making the purchase II. Entrapment by the police III. Not knowing that the selling of such drugs was a crime in Arkansas A. I only. B. II only. C. III only. D. I, II, and III. E. None of these

E. None of these

Some agents are classified as "servants" while others are classified as "independent contractors." Which of the following best describes the main difference between these two kinds of agents? A. Servants are paid whereas independent contractors are not. B. Servants have to pay income tax whereas independent contractors do not C. Independent contractors are paid whereas servants are not D. Independent contractors have to pay income tax whereas servants do not E. Servants are subject to the direct control of the principal whereas independent contractors are not

E. Servants are subject to the direct control of the principal whereas independent contractors are not

Which of the following is a characteristic of the federal RICO law? A. The accused must be a member of an identifiable crime organization B. The accused must have previously been convicted of a felony in a state or federal court C. The victim of the crime must be a federal elected official D. The act must be motivated on the basis of either the race or the sexual orientation of the victim E. The civil plaintiff in a RICO case may collect triple damages in federal court

E. The civil plaintiff in a RICO case may collect triple damages in federal court

Lorde has contracted with producers of the Mockingjay movie to serve as the movie's music supervisor. Before she can fully perform her obligations under the contract she falls off of a concert stage, injuring her head, and goes into a coma for months. The producers sue comatose Lorde for breach of contract. The judge would likely rule as follows: A. The contract is discharged by agreement of the parties B. The contract is discharged by operation of law due to Lorde's material alteration of the contract C. The contract is discharged by operation of law due to the statute of limitations D. The contract is discharged by operation of law due to novation E. The contract is discharged by operation of law due to impossibility of performance

E. The contract is discharged by operation of law due to impossibility of performance

Acme Company has 30 employees and affects interstate commerce. Acme has decided to hire 5 new employees as salespeople. The president of Acme is a huge fan of college football, and prepared a written "quiz' on college football, to be given to all applicants for the new positions. It turned out that 80% of the male job applicants passed the quiz, but only 40% of the female job applicants passed the quiz. As a result none of the 5 new employees hired were female. If this hiring practice should be challenged by the EEOC, a court would probably rule: A. Acme's hiring practices had a disparate impact on a protected class and was therefore illegal B. Acme's hiring practices were legal since they did not have enough employees to fall under Title Seven of the Civil Rights Act C. Acme's hiring practices were legal since knowledge of sports is not a protected class under Title Seven D. Acme's hiring practices were legal since the people who were hired could not be penalized for the hiring practices of Acme E. Acme's hiring practices were legal since the all of the job applicants had the same opportunity to study for the quiz if they wanted the job

A. Acme's hiring practices had a disparate impact on a protected class and was therefore illegal

Tom entered into a contract with Trusty Construction Company whereby Trusty was going to build an addition to Tom's office building. The contract called for a fixed price of $20,000, with construction to begin on September 1 and to finish on September 30. It is now September 15 and Trusty is about halfway done with the job. As of September 15 this contract can best be classified as: A. Bilateral and executory B. Bilateral and executed C. Unilateral and executory D. Unilateral and executed E. Quasi contract

A. Bilateral and executory

Bill, Sam and Helen have decided to create a partnership, and they have heard that a Limited Liability Partnership (LLP) is preferable to a general partnership. Which of the following correctly describes an LLP? A. Bill, Sam and Helen would not be personally liable for unpaid partnership debts. B. No registration with the state government is needed to create an LLP C. LLP's pay a federal income tax of 10%, whereas a regular partnership pays an income tax of 20% D. An LLP will continue after the death of one of the partners E. In an LLP new partners can be admitted without having to be approved by all of the existing partners

A. Bill, Sam, and Helen would not be personally liable for the unpaid partnership debts

Which of the following is the most likely to be classified as a "fixture?" A. Chandelier in the dining room B. Hot tub sitting on a deck in the back yard C. Pictures hanging on a wall in the living room D. Washer - dryer in the laundry room E. Above ground swimming pool in the back yard

A. Chandelier in the dining room

In the "Hobby Lobby" case the Supreme Court considered a case involving the Affordable Health Care law and the mandate that the health insurance provided to employees include certain forms of birth control. In this case the Court ruled that Hobby Lobby was not obligated to provide certain forms of birth control due to what constitutional doctrine? A. Free exercise of religion B. Freedom of speech C. Due process D. Equal protection E. Protection against unreasonable search and seizure

A. Free exercise of religion

A trial judge in Little Rock, Arkansas is considering a case, which involves a point of Arkansas law that is somewhat unusual. In researching the law the judge has discovered that a number of courts have issued rulings, which interpret the law in this area. Which of these rulings would constitute a precedent, which is binding upon the trial judge? I. A decision by the Arkansas Supreme Court II. A decision by the Supreme Court of the state of Texas III. A decision by another trial court judge in Little Rock IV. A decision by another trial court judge in Fayetteville A. I only. B. I and II only. C. I, II and III only. D. III only. E. I, II, III, and IV

A. I only

Carol, a resident of Arkansas, is single (never married) and has no children or other dependents. She lives in a house that she owns free and clear of any mortgage. She has decided to file for bankruptcy under the straight liquidation chapter. She is claiming all exemptions to which she is entitled under Arkansas law. Which of these properties is exempt? I. Wearing apparel II. Jewelry III. Her home A. I only. B. II only. C. III only. D. I and III only. E. I, II, and III

A. I only

Frank, a resident of Texas and a student at the University of Arkansas, is on a study abroad trip in Spain. While in Spain he is the victim of an attack committed by a resident of Spain. The person who attacked Frank was immediately arrested by Spanish officials. In this case, which of the following entities would have the legal right to prosecute Frank's assailant? I. Spain II. Arkansas III. Texas A. I only. B. II only. C. III only. D. I and II only. E. I, II, and III

A. I only

Which of the following is / are required elements of "consideration" under general common law? I. It must be bargained for II. The obligations agreed upon must be of approximately equal value III. There must be an exchange of money A. I only. B. II only. C. I and II only. D. III only. E. I, II, and III

A. I only