GBL FINAL

Which of the following estates is the most complete?

Fee simple absolute

Which of the following are correct?

Filings are required to form and operate a limited liability partnership Filings are required to form and operate a limited liability company

Don accepted a job with the SterlingCooper ad agency and moved from LA to NYC for the position. On his first day, he signed a contract stating his employment was "at will and could be terminated at any time." After two weeks with the company, he was fired without explanation. Which of the following statements is true?

He could be fired for any reason except a bad cause such as discrimination.

In the Goodbye Earl video, we saw that

Wanda was the victim of the crime of domestic abuse MaryAnn and Wanda committed at least one crime Wanda was hospitalized as a result of Earl beating her

Which of the following is correct?

When two or more persons purchase property together, the default is that they will own it as tenants in common.

Which of the following would NOT require a writing under the statute of frauds?

When, the day after a big snowstorm, the kid down the street offers to shovel the snow off your driveway for $20

An agency:

a consensual relationship that the principal and agent may form by contract or agreement.

Robby starts drinking and then starts fighting with a patron at Steve's Bar and Grill. Robby is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by

a fine and imprisonment up to one year.

A contract clause which specifies the amount of damages to be paid in the event of a breach is called

a liquidated damages clause.

Hardcore Pawn & Jewelry Company hires Penny to buy gems and precious metals from various sources on behalf of the store. In this relationship, the store is

a principal

Leonard offers to sell his diamond ring to Amy. If Penny overhears the offer and says, I accept the offer:

a. Penny cannot accept the offer, because it wasn't made to her.

On Tuesday, Penny was putting her skis inside her small car and she broker her inside rearview mirror. Not having the money to repair it, she pulled it off the window. She still had her side view mirrors. Penny knew that drivers of big trucks and certain other vehicles do not have interior rear view mirrors so she didn't think it would be a problem. The following Thursday, Penny was backing out of a parking space at the Cheesecake Factory and she backed up too far and hit the car waiting for her to pull out. Penny was going very slowly and was acting as a reasonable and prudent person.

a. Penny will be negligent if there is a law requiring passenger vehicles such as Penny's to have a rearview mirror.

Raj assaulted Berry in a tavern, causing medical expenses and lost wages. Which of the following is true?

a. Raj may be prosecuted by the state for a criminal offense and Berry may sue him for money damages.

It was October and Todd had been unemployed since August. Todd decided he needed some money so he started to read internet sites about how to run a con for profit. He decides to try the furnace gig. He goes to the Salavation Army Store and buys a blue workman's shirt with the name "Bob" in a circle above the left pocket. Todd grabs his toolbox and then goes into a neighborhood he knows has a large senior citizen population. Todd goes door to door. When an elderly person answers, he tells them he is conducting furnace checks. If they invite him in to check his furnace, he goes into the basement and then comes up a few minutes later and tells them they need an expensive part or their furnace will explode in just a matter of days. When the Senior's tell him they want him to fix their furnace, he tells them to write him a check for $400 and that he will pick up the necessary part tomorrow morning and then be back before noon to install it for them at no extra charge. Todd does this to 12 seniors in the neighborhood. He cashes their checks and lives on their money for the next couple of months. Todd doesn't know anything about furnaces and he never intended to fix the furnaces.

a. Todd has committed the crime of fraud

Chandler orally promised his daughter a silver bracelet as a gift. Chandler _______ legally bound ______.

a. is not; because a promise to make a gift is unenforceable.

A police officer is not entitled to a reward offered for the arrest of a criminal because

a. the officer has a legal duty to arrest criminals.

A piece of property that has been discarded by its original owner is categorized as what type of property?

abandoned

Fred hires Barney to be the bookkeeper for Fred's new business. Barney's job involves documenting and cashing checks from accounts receivable and writing and mailing checks to vendors for accounts payable. After a few years in business, Fred becomes amazingly wealthy. Barney is earning a good salary for his work, but he is jealous of Fred so he decides to set up some shell companies and he sends himself fake bills from these shell companies and then writes checks to the shell companies. Barney cashes these checks through his shell company accounts but then withdraws the cash for himself.

b. Barney has committed the crime of embezzlement.

A criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

b. burden of proof on the prosecution is to prove guilt beyond a reasonable doubt in a criminal trial.

Fred and Barney are taking a business law course at Big State University (BSU). They are arguing about what happens when there is a conflict between a state and federal law. You overhear them and you know that generally the _______ law will prevail because of the:

b. federal; Supremacy Clause.

Allen repaired Hansen's house while Hansen was sick. When she found out about the repairs, Hansen promised to pay Allen $500. Hansen's promise is not enforceable in a court of law because it was

b. for past consideration.

A quitclaim

b. is a form of a deed

Leonard made the following offer to Sheldon: I will pay you $500 if you agree to paint my house. Sheldon replied that he would. At this point, the contract is an

executory, bilateral, express contract.

Howard offered to sell Sheldon, a neighbor, a 25-foot-wide strip of land between their two lots so that Sheldon would have room to build a garage. Sheldon accepted the offer. This agreement would be binding on Howard if

it was made in writing

When Benny was unable to pay the $1,500 he owed Lyndon, Lyndon agreed to let Benny paint Lyndon's house in payment. When Benny finished painting the house, his original obligation was discharged by

mutual agreement

Mower offered to sell Milford a used power lawn mower. Milford accepted the offer. This offer and acceptance are called

mutual assent

Specific performance may be available for the breach of a contract to sell

original painting

Amy, a microbiologist, is injured when she slips and falls on Howard's sidewalk. Howard is a neurosurgeon.To determine whether Howard owed a duty of care to Amy, Howard is subject to the standard of

reasonable person

________ requires completion of nearly all the terms of the contract plus an honest effort to complete the rest of the terms, coupled with no willful departure from any of the terms.

substantial performance

When your neighbor comes over, without your consent, and uses your barbeque grill in your backyard, that is ____________________. When, without consent, your neighbor takes your barbeque grill into his backyard and begins grilling his steaks on it, that is

trespass; trespass and conversion

A(n) ________ contract involves the exchange of a promise for an act.

unilateral

Dean owns a ranch in Montana. Pete wants to go 4 wheeling and drives his Jeep off the road and onto Dean's land. Pete commits trespass if he

​does not have Dean's permission to drive on the property.

All of the following are examples of personal property except for which one?

. A built-in dishwasher

Fred hires Barney to be the bookkeeper for Fred's new business. Barney's job involves documenting and cashing checks from accounts receivable and writing and mailing checks to vendors for accounts payable. After a few years in business, Fred becomes amazingly wealthy. Barney is earning a good salary for his work, but he is jealous of Fred so he decides to set up some shell companies and he sends himself fake bills from these shell companies and then writes checks to the shell companies. Barney cashes these checks through his shell company accounts but then withdraws the cash for himself.

. Barney has committed the crime of embezzlement.

Brian is the sweetest dog the Griffins have ever owned. He is so well-trained and obedient; the Griffins never put him on a leash or keep him fenced in the backyard. Brian has the freedom to run around the house and the front and back yard. One day, a girl scout comes to the door to sell cookies and rings the doorbell. The doorbell startles Brian the dog, and without any notice, Brian viciously bites the girl scout. Since Brian has never shown any violent tendencies, the Griffins will

. Be liable if they were negligent

The purpose of awarding an injured party money damages for breach of contract is to

. compensate the injured party for the loss suffered.

Personal property means all property other than:

. land and all things permanently attached to the land.

According to property law,which is the BEST example of a fixture?

A built-in microwave oven installed by the tenant

Which of the following is correct:

A company claiming rights in a trademark may use the TM designation even if the mark is not registered

Of the following, which is the BEST definition of a corporation?

A legal entity created by state law that raises capital by issuing stock to investors

In January, Alex promised to pay ACME Inc. $5,000 if it would refrain from filing suit against him on a breach of contract action. ACME agreed and accepted a $5,000 check from Alex. Which of the following statements is correct?

ACME's promise to refrain from suing Alex was supported by legal consideration and is enforceable.

Which of the following is an example of an employer-independent contractor relationship?

ALL Bob is hired by Joe to do the painting related to a construction job. Susan is hired to do some landscaping in front of Molly's house. Jake is hired to build a shed behind Mary Jo's property.

Sheldon was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place. Amy ran out into the street five feet in front of his car. Amy was not crossing in the designated crosswalk. Sheldon could not avoid hitting her. What is Sheldon's best defense to the charge of negligence?

Amy illegally crossed in the middle of the street, which was a superseding cause of the accident.

Which of the following is true with regard to an exculpatory clause?

An exculpatory clause excuses one party from liability for her own tortious conduct. Where one party has a superior bargaining position that has enabled him to impose an exculpatory clause upon the other, the courts are inclined to nullify the provision. An exculpatory clause may be unenforceable for unconscionability.

Of the following, which is the BEST definition of a corporation?

B. A legal entity created by state law that raises capital by issuing stock to investors

Which of the following could Lois protect using trademark law?

B. A logo used to identify Lois's business

The Bedrock Police suspect Barney of smuggling unlawful drugs into the town. The Police Chief doesn't have enough evidence to bring to the judge that rises to the level of probable cause, so to get probable cause, the Police Chief authorizes wiretaps on Barney's cellphone and also start to tap into Barney's gmail account. Upon seeing numerous references from Barney about selling apples to various people online, the Police Chief assumes "apples" is a euphemism for weed. He uses this as evidence to get a search warrant.

Barney can argue that the initial cellphone tap and surveillance of his gmail was an unreasonable search and seizure If the surveillance of Barney constituted an unreasonable search and seizure, then Barney's lawyer can get any evidence derived from that "poisonous tree" excluded from evidence

Which of the following is correct:

Clay in its natural form in the ground is real property whereas clay that has been extracted and molded into pottery is personal property

Which of the following are correct?

Corporations have perpetual existence

In lecture, the case of Danny K. was discussed. Danny was growing marijuana in his condo. The outcome of the case was

Danny was convicted of the crimes related to the production and sale of marijuana Danny was convicted but his conviction was overturned because the police violated his 4th amendment rights

Which of the following are the goals of Tort Law?

Deter others from committing torts Compensate the injured party Discourage injured parties from privately retaliating

________ occurs when one individual is treated less favorably than another because of color, race, religion, sex, or national origin.

Disparate treatment

All of the following are criteria for a patent EXCEPT:

Double top trade secret

Homer enters into a contract with Smith under the terms of which Smith is to pay Homer $7,000 and Homer is to build a garage, repair a boat, and build a doghouse. If the doghouse has not yet been built, which term describes the type of contract in existence?

Executory contract.

Homer doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Jim and his friends are walking across the yard when Jim gets caught in the trap. He is taken to the hospital for his injuries. In this case:

Homer is not free to inflict intentional injury on a trespasser.

Homer, driving while intoxicated, causes a car accident that results in harm to Mayor West. Homer, is tried, convicted, and sentenced to incarceration for 3 years.

Homer was convicted of a felony.

Which of the following represents a unilateral offer?

I will pay you $50 if you mow my lawn.

Sam goes to the movies to see the last showing of the evening of "Spongebob meets the Lego Family". The movie is boring and Sam falls asleep. Without looking in the theaters, and without noticing Sam, at 2 a.m., the security guard locks the building.

If Sam wakes up, wants to leave, and is unable to exit because he is locked in, Sam has grounds to sue for false imprisonment If Sam sleeps through the night and doesn't wake up until the doors are open the next morning at which time he just walks out the back door, Sam has no grounds to sue for false imprisonment If Sam wakes up, realizes he is locked in but doesn't care, he grabs some popcorn, candy and a slurpee, snacks and falls back asleep until the next morning when the workers open up, Sam has no grounds to sue for false imprisonment

Which of the following is an accurate description of real property?

It is a bundle of rights. If you own the land in fee simple absolute, under the common law you own from the center of the earth to the heavens

JimmyJohn threatens to hit Kenneth in the head with a baseball bat unless Kenneth signs a contract agreeing to pay JimmyJohn $400 for his saw. Because of the threat, Kenneth signs the contract.

JimmyJohn has committed physical duress against Kenneth.

The business form that is taxed as a partnership and gives all owners limited liability, is:

LLC

Leonard, a graduate student, wants to scare the students in his recitation section. So he puts on a grim reaper costume and hides outside of Aker's Hall in the bushes by the door and when he spots one of his students going by he jumps up and down from behind the bushes trying to scare them.

Leonard is liable for assault

Wilma wishes to invest in Barney and Betty's partnership, but she has no desire to take part in its management. Furthermore, she would prefer not to incur unlimited liability. Which of the following organizational forms would accommodate Wilma's wishes?

Limited partnership with Wilma as a limited partner

Michael was driving as he very slowly pulling into the parking lot of his office to look for a parking place. Meredith jumped out in front of Michael in the drive of the parking lot about three feet in front of his car. Michael could not avoid hitting her. What is Michael's best defense to the charge of negligence?

Meredith was walking in an area of the parking lot which was clearly marked as being off-limits to pedestrians

Which of the following is/are correct:

Neither a trademark nor a copyright need to be registered to be enforceable

Walter White purchased a used car from Mr. Freing on the basis of Mr. Freing's statement that the car was "a real bargain and a tremendous buy." Shortly afterward, Walter White found that the car did not give the performance that she had expected. Can Walter White legally return the car on the grounds of Mr. Freing's statement?

No; when the seller makes statements of opinion concerning the article for sale, the validity of the contract is not affected

While driving his car five miles over the speed limit, Barry struck Penny, who was jaywalking across the street. When the case came to trial, the jury determined that Barry was 60 percent negligent and that Penny was 40 percent negligent. Penny's injuries are $10,000. If this accident occurred in a state following the comparative negligence theory of recovery:

Penny will recover $6,000.

Peter walks into Paul & Mary's restaurant. Peter takes a seat at the bar and stays there until it is almost closing time. At that time Peter walks up to the Cashier in the front of the restaurant and, with his hand in the pocket of his hoody, and something with the shape of the barrel of a pistol pointing at the Cashier, Peter demands all the money in the cash register. The Cashier is terrified that Peter is going to kill her and she starts to run away. Peter sees her run and as she is running out the front door, Peter sees her talk to 2 police officers who are coming into the restaurant. The cashier is frantically pointing into the restaurant. Before the cops get in the door, Peter takes off and and runs out the back door. He did not get any money from the Cashier or the cash register. Which of the following is correct:

Peter committed robbery Peter committed intentional infliction of emotional distress

Which of the following is an example of respondeat superior?

Peter is involved in a car accident while making deliveries while driving a company van.

Peter finds a wild raccoon in his backyard. Thinking the raccoon is cute, he lures it into his house with some food. As a wild animal, the raccoon commences to destroy Peter's house as well as terrorize his family. They are all bit and all have to get rabies shots. Peter finally lures the raccoon into a cage and decides that he still wants to keep the raccoon and against the advice of his family and friends, Peter thinks he can "tame" the wild beast. Peter keeps the raccoon in a cage in his backyard. He feeds the raccoon and keeps the cage locked. Peter puts up a sign on the cage stating "warning - wild raccoon - do not touch". A group of children coming home from school one day notice the raccoon and three of them decide to go pet the raccoon. The raccoon bites them all.

Peter is liable for the kids injuries from the raccoon bites

According to the law of Agency, principals are normally responsible for the acts of their agents in which of the following scenarios

Principals are responsible for torts committed by agents acting within the scope of their employment, or for crimes committed while the agent was acting with the principal or with the knowledge of the principal.

An example of a restrictive covenant could be:

Restriction that the use of property be limited to heavy industrial operations Restriction that a portion of the land not be built upon because it is a wetland

Which of the following groups are the owners of the corporation?

Shareholders

Sheldon throws a rock intending to hit Howard but misses and hits Raj instead. On the basis of the tort of battery, Raj's best case is against:

Sheldon.

Jesse enters into a contract to paint Gus's house. When Gus decides on a color, Jesse will buy the paint and paint the house for the price of $2,500. Which of the following is true?

The common law of contracts governs because the predominant factor of the contract is for the sale of services and not goods.

The day to day management of the corporation is carried out by which of the following groups?

The corporate officers

An independent contractor can be distinguished from an employee on the basis of which of the following?

The independent contractor is not controlled with respect to the physical conduct or the details of his or her work performance.

Which of the following statements is true about a material breach?

The injured party can terminate the contract if the breach of contract is material.

Penny offers to sell Amy goods both parties know are stolen. Amy accepts the offer, and agrees to pay for the goods. Later, Amy refuses to accept or pay for the goods. If Penny sues Amy for breach of contract, what is the probable result?

The law would not enforce Amy's promise, as it does not have a lawful purpose.

Which of the following is correct:

The owner of a fee simple absolute has the right to use property for whatever (lawful) purpose he or she sees fit.

Roger owns a small furniture resale store in Royal Oak. He is always on the lookout for valuable furniture at garage sales and auctions. One day he went to a garage sale in what had once been the most expensive neighborhood in Detroit. He found a lot of furniture that he knew he could sell in his store. Roger bought the best furniture that he could find, negotiated a low price, and left a happy customer. Those pieces sold so fast out of Roger's store, he went back to the same house the following week hoping he could scoop up some more bargains. Roger found the house had been boarded up and all the furniture and artwork that hadn't been sold was in a trash pile on the front lawn. Roger picked around in the pile and found a few pieces that he thought would appeal to his customers and he put those in his truck. But while digging through the trash pile, he found painting that he thought was a great replica of a famous painting. Roger picked that up and put it in his truck as well. When he got back to his shop, he contacted a friend in the art business who told him that the painting was an original and likely worth over a million dollars at auction. Which of the following is most accurate:

The painting was in the trash and therefore abandoned property and as the finder, Roger had the right to declare himself the owner.

Which of the following could Meg protect using trade secret law?

The product formula Meg uses to manufacture her famous soft drink

________ of the Civil Rights Act of 1964 prohibits discrimination in hiring, firing, or other terms and conditions of employment on the basis of race, color, religion, sex, or national origin.

Title VII

Shareholders generally enjoy all of the following rights EXCEPT which one?

To receive periodic interest payments

It was October and Todd had been unemployed since August. Todd decided he needed some money so he started to read internet sites about how to run a con for profit. He decides to try the furnace gig. He goes to the Salavation Army Store and buys a blue workman's shirt with the name "Bob" in a circle above the left pocket. Todd grabs his toolbox and then goes into a neighborhood he knows has a large senior citizen population. Todd goes door to door. When an elderly person answers, he tells them he is conducting furnace checks. If they invite him in to check his furnace, he goes into the basement and then comes up a few minutes later and tells them they need an expensive part or their furnace will explode in just a matter of days. When the Senior's tell him they want him to fix their furnace, he tells them to write him a check for $400 and that he will pick up the necessary part tomorrow morning and then be back before noon to install it for them at no extra charge. Todd does this to 12 seniors in the neighborhood. He cashes their checks and lives on their money for the next couple of months. Todd doesn't know anything about furnaces and he never intended to fix the furnaces.

Todd has committed the crime of fraud

Intentional harm to property includes which of the following intentional torts?

Trespass to real property Nuisance Trespass to personal property

Paul borrowed $100 from Billy and promised in writing to pay the debt on March 1st. On the due date, Paul could not pay the full amount but offered Billy $50 in cash and a watch worth $25. Billy accepted. Was the debt discharged?

Yes. A debt is canceled if the creditor accepts as full payment a part payment in money plus additional property

Howard, an engineer with a masters degree from MIT, backs out of his parking space in the College Parking Garage and collides with Barry's car as Barry is driving behind Howard's car. Barry has a PhD in physics. Barry takes his car to the collision shop for repairs and has to pay $3,500 for the repairs. Barry can sue Howard for the cost of those repairs if Howard failed to act as

a reasonable person

Edward leaves Sarah, the cashier, in charge of his gasoline service station while he goes home to have lunch. He tells her not to accept any auto repair jobs. During the lunch break, a customer leaves his car with Sarah to be serviced for a minor engine problem. When Edward returns, he accepts the repair job. Which of the following types of agency relationship is most likely to have been formed here?

agency by ratification

Penny learns that Leonard has hired a new employee to work at her company. Although Leonard did not have permission to hire the new employee, Penny likes the new employee and decides to honor all the terms of the employment contract that Leonard negotiated. Which of the following types of agency relationship have Penny and Leonard formed?

agency through ratification

Duress occurs when

an improper threat is made to force another party to enter into a contract.

An intentional tort requires

an intentional act resulting in a tort

Upset about the outcome of the 2016 Presidential election, a group of students at Big State University (BSU) burn an American flag as an act of political protest. One of the students is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:

are void because they violate a person's right to freedom of expression.

Stewie and Brian are taking a class in Business Law at Big State University (BSU). They are studying together and discussing the Constitution. Stewie would be correct if he told Brian that the primary powers of the Congress are found in _____________ of the Constitution?

article 1

Amy Farrah Fowler, an antiques dealer, wrote a letter to Gary on May 9 offering to sell Gary the grandfather clock that Gary had seen at Fowler's antiques show. The letter stated that the acceptance had to be received by May 15. Gary mailed a letter of acceptance on May 15 that reached Fowler on May 16. A valid contract was made

at no time

Stewie walked up to Brian's bed while Brian was passed out drunk and Stewie kissed him on the cheek, wished him a good night, and went to his own room. Brian hates when Stewie touches him and has repeated told Stewie NOT to ever touch him. Brian was so drunk he does not know that Stewie kissed him that night. Stewie has committed

battery

An offer need not take any particular form to have legal validity. To be effective, however, it must:

be communicated to the offeree.

The burden of proof in a criminal case is ____________ which is different from civil cases where the burden of proof is either by clear and convincing evidence or by _________________.

beyond a reasonable doubt; a preponderance of evidence

Leonard phoned the East Lansing Pet Store and told the owner to deliver to Penny, his fiancée, the French poodle he had looked at the day before. Leonard asked that the $250 cost of the dog be charged to his credit card on file at the Pet Store. The pet was promptly delivered to Penny. This agreement was

binding on Leonard because it is an oral promise to pay his own debt.

Express contracts and implied contracts are:

both genuine contracts. equally enforceable. voidable for lack of capacity.

Unable to find a job in her field, an MSU student opens up an online cupcake retail store. Michigan requires that food that is going to be consumed by the public be prepared in a commercial kitchen, but the student cannot afford access to a commercial kitchen during the start-up phase of her business. When contacted by a state inspector, the student agrees to meet with the inspector. When they meet, the student offers the inspector $500 to �look the other way� and not fine her or shut down her business for not using a commercial kitchen. Which of following crimes did the student most likely commit:

bribery

An agency relationship can be created:

by the conduct of the parties.

Homer doesn't like having neighborhood teenagers walk across his yard at night. He rigs an animal trap on the path the teenagers usually use to cross his land. One night, Jim and his friends are walking across the yard when Jim gets caught in the trap. He is taken to the hospital for his injuries. In this case:

c. Homer is not free to inflict intentional injury on a trespasser.

Cary Granite, a well-known local lawyer who was so prominent he was essentially a town celebrity, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary Granite was reported to have been disbarred in another state ten years previously. It is not true of Cary Granite, but of his cousin, Frank Stone. Cary Granite will win a suit for defamation against the newspaper:

c. only if he can prove that the paper acted with actual malice.

Fred threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office. Fred:

can be sued by the secretary for her injuries based on an intentional tort cause of action because Fred's intent to harm the agent is transferred to the secretary.

Which of the following are greenhouse gases

carbon monoxide and methane

2. Stewie and Brian are taking a class in Business Law at Big State University (BSU). They are studying together and having an argument over the purpose of some of the key clauses of the Constitution. Brian would be correct if he stated that the federal government has the authority to regulate business, both interstate business as well as intrastate business provided that the intrastate business had a substantial impact on the national economy. The ______________ clause of the Constitution grants the federal government this authority.

commerce clause

Penny is injured in an incident precipitated by Amy. Penny files a tort action against Amy, seeking to recover for the damage suffered. Damages that are intended to compensate or reimburse a plaintiff for actual losses are

compensatory damages

Which of the following is the standard used under common law to determine whether a contract has been breached?

complete performance

Which of the following types of property would be considered goods under the Uniform Commercial Code?

computer

You drop your laptop on October 1st, and your parents, concerned about your ability to do homework and study without a laptop ship you a brand new MacBook Pro 13" with an i7 chip and loaded with software. You get the box, open it up, but don't have time to set it up right now you have to get to class. You set the unopened box on the table and tell your roommate not to touch it. By the time you get home from class, your roommate has opened the box, and set up the laptop the way he likes it and loaded all the software. He is now napping on the couch and your laptop is beside him on the coffee table.

conversion

Salvador Dolly, an artist would like to protect one of his original oil paintings from being sold as original prints. He may protect his painting by applying for a:

copyright

Penny and Bernadette decide they want to become activists to help the dolphins who are being trapped and killed in tuna nets. They agree that it would be best to create a non-profit foundation for this venture. They also agree that they will share equally in all the decision-making including hiring, where to establish their office, etc. Which of the following would be the appropriate business form

corporation

Lisa offers to sell her house to Danny for $95,000. Denny responds, I would love to buy your house. I have always admired it. But I cannot afford to pay $95,000. Instead, I offer to pay you $85,000 for your house. Danny's statement constitutes

counteroffer

Penny was employed by a large company. Her supervisor told her to falsify government reports. She refused and was fired. She sued for wrongful discharge. Her employer claimed that, since Penny was an at-will employee, she had no legal right to claim the company was liable for damages. Is the employer right?

d. No. Though at-will employees do not have extensive rights relative to job security, they may not be legally fired for refusing to perform an illegal act.

Sheldon is sailing his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true?

d. Sheldon MUST help the girl if he begins to rescue her and moves her to a position farther from the shore.

Phoebe and Joey each own one-half of Second Motion, a club, as a tenant in common. Joey sells his interest to Janice, who now owns

d. the firm with Phoebe as tenants in common.

Individuals may use reasonable force to protect themselves, their property, and other individuals. In this context, reasonable force would mean:

deadly force is reasonable to protect property. deadly force is never reasonable to protect property.

Peter goes to his former boss Ray's house on Sunday evening. Peter points a gun at Ray's young daughter, threatening to hold her hostage and shoot her unless Ray agrees to go to his office and bring Peter back the files, computer, and server which contains evidence that Peter had embezzled money from the company. The Company security guard sees Ray take the equipment to his car. The next day, arrested and charged with theft, Ray's best defense would be:

duress

Utility Power Company has the right to run its power lines across Velma's land. This is

easement

Cameron is an accountant in the accounting department of Insys. Cameron's son's College tuition is due within a week, or he cannot continue taking classes. To meet the due date, Cameron transfers funds from Insys to a bank account he opens with the name of a fake business. Cameron is planning to repay the firm within one month. The transfer is discovered before the firm is repaid, and Cameron is arrested. What crime, or crimes, if any, has Cameron committed?

embezzlement fraud

Howard fully performed his part of a contract to the complete satisfaction of Sheldon, who has not yet paid Howard. This is an example of a(n)

executory contract.

The statute of frauds applies only to

executory contracts.

A contract that is established by the conduct of a party rather than by the party's written or spoken words is known as an implied-in-________ contract.

fact

After an agency terminates, the agent is free to disclose to third persons any information acquired during the agency relationship.

false

Agency relationships are governed primarily by federal statute.

false

Fred and Barney are taking a business law course at Big State University (BSU). They are arguing about what happens when there is a conflict between a state and federal law. You overhear them and you know that generally the _______ law will prevail because of the:

federal supremacy clause

Which of the following types of acts could result in punitive damages

flagrant unconscionable egregious

Usury laws provide protection in a contract that is

for the loan of money

Under Agency law, an employer can be held liable

for the negligent torts of his employee(s) that cause physical harm to property for the misrepresentation of his employee(s)

BestBuy, a big box retail store, must use reasonable care on its premises to warn its customers of

forseeable risks

Lucy and Ethel get jobs at TJ Saxx, a discount clothing store. Their district manager comes to the store and instructs Lucy and Ethel to replace the unfamiliar brand tag on a rack of clothing and replace the tag with a fake tag with the name "Ralph Lauren" on it. Ralph Lauren is a well-recognized brand in the US. The district manager then instructs Lucy and Ethel to put the clothes with the fake tag on the racks. This is most likely

fraud or forgery

When Stuart finished painting Penny's house as agreed, Penny paid him in full. Their contract

full performance

A contract that has a purpose that is against public policy:

has no legal remedy available for breach.

Under property law, when land is transferred by a quitclaim deed, the grantor is indicating:

he is conveying whatever interest he has in the land.

Sheldon is a manufacturers representative. He owns his own company and works as an independent contractor. One afternoon while driving to a meeting, he negligently runs a stop sign and causes an accident. Penny is injured. Penny can:

hold Sheldon but not the company liable.

Under copyright law, the doctrine of works for hire states that:

if an employee prepares a work within the scope of her employment, her employer is considered the author of the work.

Tim the Tool Man is a skilled carpenter who supplies his own tools. He works only until a job is completed, then gets paid and moves on to the next job. A court would most likely find that Tim the Tool Man is which of the following?

independant contractor

After Buck found Chandler's wallet, Chandler orally promised to pay Buck $100. Chandler _____ legally bound to pay because the consideration for her promise was______.

is not past

Curt has no connection with Harvard University, but he has a new line of computer software that he would like to market to university students and faculty under the name of Harvard Software. In this case:

it is unlikely that Curt will be able to register the name Harvard Software

Fred wrongfully takes a package from a box from behind Mr. Slate's desk. Fred puts the carton in his car, and drives away. This is

larceny

Ricky, desperate for money, walks up behind Ethel on a crowded street, and silently reaches into Ethel's pocket and takes her money, without her consent and without her immediate awareness. Since there was no force or threat of force, this constitutes the crime of

larceny

Michigan has a statute that makes it a crime to text and drive. A person who causes a collision because they are texting and driving is:

liable under the doctrine of negligence per se

A partner who has no right to participate in control of the business and who has limited liability up to their capital contribution is a:

limited partner

A ____ is an unincorporated business association consisting of at least one general partner and at least one limited partner.

limited partnership

Stu Dent is graduating this May from MSU but has yet to find a job in his major. Feeling sorry for his son, Mr. Dent presents Stu with a check for $10,000 and tells Stu to go ahead and start that typewriter repair company that Stu has wanted to start since he was a kid. Mr. Dent tells Stu that he will not be involved in the day to day operations of the business and that if Stu's business starts making profits, then Stu can start to pay him back by sharing the profits. Mr. Dent then helps Stu fill out the proper paperwork to file with the state of Michigan. Mr. Dent has just helped Stu start

limited partnership

Each of the following is a form of business association found in the United States EXCEPT for which one?

limited prop

The Americans with Disabilities Act of 1991 requires employers to ________.

make reasonable accommodations to the known disability unless the accommodation imposes an undue burden on the employer's business

Vinnie was under written contract to work for Ross. Vinnie had to move to another state for personal reasons. Vinnie notified Ross he was moving and wanted to be released from his contract.

mutual agreement

Oral contracts

may be harder to prove than written contracts.

An express contract

means both parties expressed their intent to enter the contract

Which of the following is not an element of a negligent or intentional tort?

mens rea

Mia offers Nevin, a building inspector, money to overlook the violations in her new warehouse. Nevin accepts the money and overlooks the violations. Mia is charged with the crime of bribery. The crime occurred when

mia offered the bribe

Which of the following are related to climate change

more droughts in areas subject to drought more flooding in areas subject to floods extended growing seasons in areas such as Michigan

Two months before reaching the age of majority, Marcus bought a radar detector for $129.90. He paid cash. Nine months later, he sought to avoid the agreement. Marcus's delay in avoiding the agreement

most likely constituted a ratification of the agreement.

According to the statute of frauds, contracts for the sale of an interest in land

must be in writing

if a contract is required to be in writing under the statute of frauds, modifications to that contract

must be in writing

A Nevada state law requires amusement parks maintain equipment for the protection of patrons. The Hoover Dam Amusement and Water Park fails to maintain its equipment. As a result, there is an equipment breakdown which causes a patron to suffer harm. The Amusement park could best be sued for:

negligence

Penny sold an old ring to Weeks for $1 at a garage sale. Later Penny learned that the ring was worth $50 If Penny sues, she legally is entitled to recover

nothing

Cary Granite, a well-known local lawyer who was so prominent he was essentially a town celebrity, was the subject of a newspaper article concerning a trial in which he was involved as counsel. In that article, Cary Granite was reported to have been disbarred in another state ten years previously. It is not true of Cary Granite, but of his cousin, Frank Stone. Cary Granite will win a suit for defamation against the newspaper:

only if he can prove that the paper acted with actual malice.

While driving his car five miles over the speed limit, Barry struck Penny, who was jaywalking across the street. When the case came to trial, the jury determined that Barry was 60 percent negligent and that Penny was 40 percent negligent. Penny's injuries are $10,000. If this accident occurred in a state following the comparative negligence theory of recovery:

penny will recover 6000

The UCC alters the common law doctrine of "material breach" by adopting what is known as the _______________. This rule allows purchasers to be very particular about accepting the goods that are sold to them.

perfect tender rule

Landlord-tenant relationships are governed by

property law contract law negligence law

The main purpose of the Bill of Rights was to:

provide for restrictions on the power of the federal government.

In the law of real property, the right of the tenant to the undisturbed possession of the leased property is known as:

quiet enjoyment.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of

race or color religion or national origin sex

Chandler offered to sell his used car to Bing for $2,000. Bing declined. The offer has been terminated by

rejection

The doctrine of ____ is the basis for an employer's liability for an unauthorized tort committed by his employee in the course of his employment.

respondeat superior

The principle of liability stating that an employer is liable for a physical tort committed by an employee acting within the scope of employment and a nonphysical tort of an employee acting with authority is called

respondeat superior.

Monica owns the land on which Rusty Spur Ranch is situated, plus the ranch house, barn, and other structures permanently attached to the land. Monica's brother Ross owns everything else in the ranch's operation—livestock, feed, and so on. The personal property is owned by

ross only

Relationships that may lead to a court's careful scrutinization of contracts between the parties to make sure undue influence was not present include all but:

salesperson and customer.

The Independence Day video (linked on d2l) involves

science fiction the crime of domestic abuse the crime of arson

The advantage of a corporation over a partnership is:

shares are easily transferable to another person. perpetual existence. it is easier to raise funds.

Sheldon throws a rock intending to hit Howard but misses and hits Raj instead. On the basis of the tort of battery, Raj's best case is against:

sheldon

In which of the following forms of business organization does total control belongs to only one individual?

sole prop

Which of the following is NOT considered to be an alternative method of dispute resolution?

special verdict

Which of the following statements is true about a Subchapter S corporation?

taxed like partnership

Which of the following types of concurrent ownership does not provide for rights of survivorship?

tenancy in common

Ross and his sister, Monica, can own property by:

tenancy in common. joint tenancy.

you and your friend Chuck Wagon are vacationing up in the northern peninsula of Michigan. You find a beautiful piece of property that is for sale. It is 2 acres that is adjacent to a beautiful inland lake and it is up for sale at a price that the two of you could afford. You both decide it is a good investment, and make an offer. If you succeed in buying the property. Unless you specify otherwise, the default is that you would hold the property as:

tenants in common

Which of the following are listed in Michigan's jury instructions as required elements of Larceny:hat the defendant took someone else's property

that the defendant took someone else's property hat the property was taken without consent. that there was some movement of the property. defendant intended to permanently deprive the owner of the property

Revocation of an offer takes place when

the offeree has been properly notified.

Parol evidence is admissible to show that

the original contract had been subsequently modified unilaterally by the other party one party was persuaded to make the contract by fraud on the part of the other party.

Sheldon owns a single-family home. With respect to this structure, most likely to meet the definition of a fixture is

the plumbing in the kitchen and bathrooms.

Under the double jeopardy clause,

the state of Massachusetts could lawfully prosecute the Boston Bomber state crimes related to the actions he was already convicted of in federal court

Which of the following statutes of the Civil Rights Act of 1964 is the most common basis for lawsuits premised on employment discrimination?

title VII

The purpose of compensatory damages is to

to put the plaintiff in the position they would have been in had the tort not occurred

The overall appearance and image of a product is known by which of the following terms?

trade dress

In a negligence per se doctrine, a plaintiff can use proof of the ________ as proof of negligence.

violation of the statute

Agreements that represent an unreasonable restraint of trade are

voidable

Which of the following is NOT always necessary in order for a valid contract to be formed?

writing