Paralegal Today Review III

b. Harmful or offensive physical contact intentionally performed

Battery is:

a. All states

Battery of a spouse is a criminal act in:

d. Accept the offer or reject the offer only.

Bill makes Cynthia an offer to buy her car. Cynthia can

c. Trademark

A ______ is a distinctive mark motto, device, or emblem that a manufacturer stamps, prints, or otherwise affixes to the good it produces so that they can be identified on the market and their origins made known.

b. Limited liability company

A ________ is a form of business organization authorized by state law in which the owners of the business have limited liability and taxes on profits are passed through the business entity to the owners.

c. Material fact

A fact that is important to the subject matter of a contract is called a(n):

a. Estate

A person's real and personal property is known as his:

b. Adoption

A procedure in which persons become the legal parents of a child who is not their biological child is called ________.

a. An owner of the business

A shareholder is a corporation is:

a. In the decedent's will

A testamentary trust is created:

d. A lease

A transfer by a landlord/lessor of real or personal property to a tenant/lease for a period of time for consideration is called:

c. Testamentary trust

A trust created by a will that comes into existence on the settlor's death is called a(n):

a. Express warranty

A(n) ______ is an oral or written promise made by a seller concerning the nature of the goods being sold.

c. Agency

A(n) ________ is a relationship between two persons in which one person represents or acts in the place of the other.

c. Deceptive advertising

Advertising that misleads consumers, either by unjustified claims concerning a product's composition or performance, is called _______.

a. Accept the offer b. Reject the offer c. Make a counteroffer d. All of these choices are correct

After a buyer has made an offer on a piece of real estate, the seller may:

a. accept the offer b. Reject the offer c. Make a counteroffer d. All of these choices are correct

After a buyer has made an offer on a piece of real estate, the seller may:

a. Nonprofit corporations

Charitable associations often create _____ to conduct business without exposing the individual owners to personal

d. A tenancy by the entirety

Co-ownership of property by husbands and wives that is similar to a joint tenancy, except that the spouses cannot separately transfer their interests in the property during their lifetimes, is called:

b. Quid pro quo harassment

Alison, the assistant manger at a local fast-food restaurant, promises Billy, an hourly employee, a substantial raise in exchange for sexual favors. This is an example of:

b. Prenuptial

An agreement made in contemplation of marriage that states how property is to be divided upon divorce is called a(n) ________ agreement:

b. Assault

An intentional act that causes another to reasonably fear t=or be apprehensive of immediate physical harm is a(n):

a. Intangible property b. Real estate c. Services d. All of these choices are correct

Article 2 of the UCC does not deal with the sale of:

a, The legal ability or competence to enter into a contractual relationship.

Contractual capacity is:

a. False Imprisonment

Dave ties Manuel to a post with a rope and tells Manuel that he will kill him if Manuel tries to escape. Dave is guilty of:

c. Wrongfully hurting a person's good reputation

Defamation is:

a. Legally sufficient

For a binding contract to be created, consideration must be:

a. Ownership to the greatest degree possible

For simple absolute ownership is:

a. Duress

Forcing a party to do something, including entering into a contract, through fear created by threats is legally defined.

a. A mistake b. Fraudulent misrepresentation c. Undue influence d. Duress e. All of the choices are correct

Genuineness of ascent may be lacking due to which of the following?

a. Civil Battery

If Prince Charming kisses Sleeping Beauty while she sleeps, knowing that she is repulsed by and does not want to be kissed by him, Prince Charming has committed.

d. Assumption of risk

If the defendant can show that the plaintiff voluntarily entered into a risky situation while fully aware of the risk involved, the defense of _____ can be raised.

c. Intestacy laws

State statues that specify how property will be distributed when a person dies without a will are called ______.

b. $150,000

Statutory damages for copyright infringement under the Copyright Act will not exceed:

a. Real Estate Settlement Procedures Act

Under the __________, lending institutions must notify- within a specified time period -- each applicant for a mortgage loan of the precise costs that must be paid at the closing.

Corporate shareholders are personally liable for the business obligations of the corporation

Which of the following is not true regarding corporations?

a. Sole proprietorship

Which of the following is the most common form of business organization:

e. A corporation is formed with the issuance of a state charter and governed by state corporation laws and corporate income is subject to double taxation only.

Which of the following is true regarding corporations?

c. They may or may not be agents

Which of the following is true regarding independent contractors?

d. The limited partners have limited liability

Which of the following is true regarding limited partnerships?

a. A paralegal b. A title insurance company c. The buyer's attorney d. All of these choices are correct

Which of the following parties is likely to undertake a title examination?

d. The seller's attorney

Which of the following parties is not likely to undertake a title examination?

d. The life tenant must live on property

Which of the following statements is not true of life estates?

d. They may be designed to serve as a penalty to deter a party from breaching a contract.

Which of the following statements is not true of liquidated damages?

b. Spanking a child

Which of the following would not be considered child abuse?

b. Testate

William dies after making a valid will. William died:

c. Intellectual

_______ property consists of the products that result from a person's intellectual, creative processes, such as literary works, artistic works, or computer software.

a. Real

_______ property is land and things permanently attached to the land.

b. Closing costs

________ comprise fees for services, including those formed by the lender, escrow agent, and title company.

c. Risk Management

___________ is the planning that is undertaken to reduce the risk of loss from known and unknown events. In the context of insurance, it involves transferring certain risks from the insurance company.

b. Insurer

The one who assumes a risk in return for payment of a premium is the:

d. Legal custody

The parent who has ________ of a child has the right to make major decisions about the child's life without consulting the other parent.

a. The consideration paid to the insurer

The premium in an insurance contract is:

d. Liquidation

The process in which corporate assets are converted into cash and distributed among creditors and shareholders is called;

b. Objective

The reasonable-person standard is a(n) _______ standard.

d. More than 40 states

To date, the Uniform Electronic Transactions Act (UETA) has been adopted, at lease in part, by:

a. All states

Today, ______ states allow no-fault divorce.

a. Restrictive covenant

In a(n) _______ agreement, employees agree not to enter into competing businesses or solicit the employer's customers for a specified period after the end of their employment.

c. One year

In most states, statutes mandate that leases exceeding ________ in duration must be in writing.

d. Insurance company agent and broker

Insurance contracts can usually be obtained through a(n):

a. Trespass to land

James throws a rock at Peter's house. James is guilty of:

d. A professional corporation

John Smith, Mary Barney, and Tom Reed work for a law firm called Smith, Barney, and Reed, P.C. Which of the following business entities have they formed?

d. Defense of property

Kathleen finds Grant trying to break into her saddle room. She shoves him down and calls the police to arrest him Grant sues Kathleen for battery. Kathleen can use which of the following defenses?

a. Probable cause

Mary is caught shoplifting in John's Flower Shop. John detains Mary against her will for questioning and Mary subsequently sues him for false imprisonment. John can use the defense of:

c. Shareholder

Megan purchase corporate shares in ArticFun, Inc. Megan is a(n):

b. Good Samaritan statutes

Megan voluntarily receives aid from Mary Elise after slipping on ice outside a department store. Megan later tries to sue Mary Elise, claiming that Mary Elise injured Megan's shoulder when she helped her up from the ice. Mary Elise is probably protected by:

a. The party's legal remedy is inadequate

Normally specific performance is not granted unless:

d. The parties have been living separately for a period of time

On what grounds may a no-fault divorce be granted?

b. Obtain a court decree to dissolve the marriage

One regarded as married by common law, a couple must:

a. Dividends

Payments to shareholders representing their share of corporate profits are called?

a. The Statute of Frauds

Promises made in consideration of marriage are normally required to be in writing under.

a. Forty

The Age Discrimination in Employment Act prevents employees from discriminating against workers who are __________ years of age or older on the basis of their age.

b. Mortgages

The E-SIGN Act does not apply to:

a. Express Warranties b. Implied warranties of merchantability c. Implied warranties of fitness for a particular purpose d. All of these choices are correct

The UCC permits which of the following warranties to be disclaimed?

b. Escrow agent

The _______ act is a neutral party and facilitates the sale of real estate by allowing the buyer and the seller to complete the transaction without having to exchange documents and funds directly with each other.

a. Its purpose b. Its ownership c. Its location d. All of these choices are correct

The classification of a corporation depends on:

b. Will

The final declaration of how a person wishes to have his or her property disposed of after death is called a(n) ______.

d. Patent

The government grant that gives an inventor the exclusive right or privilege to make, use, or sell her invention for a limited period of time is called a:

d. Sexual harassment

The hiring or granting of job promotions or other benefits in return for sexual favors, or language or conduct that is not sexually offensive that it creates a hostile working environment is called:

a. The ability of each parent to provide for the child's needs and education b. The mental health of each parent c. The wishes of the child d. All of these choices are correct

When awarding child custody in a divorce case, courts consider:

b. Research the contract requirements in your state to verify that you are using the appropriate form.

When using online contract forms, it is important to:

c. Probate court

Which court is in charge of the administration of the decedent's estate?

a. Both parties must be a certain age b. Both parties must be currently unmarried c. Both parties may not be closely related c. All of these choices are correct

Which of the following is a requirement for a couple getting married?

d. Parties must live together as husband and wife

Which of the following is a requirement for all common law marriages

c. Creating and verifying e-signatures

Which of the following is a significant issue regarding online contracts?

c. Conversion

Which of the following is a tort against property?

d. The defendant knew or had reason to know a third party and the plaintiff are in a business relationship and the defendant intentionally interfered in the relationship only.

Which of the following is an element of a wrongful interference with a business relationship?

b. A restraining order

Which of the following is an order that requires one person to stay away from another?

d. The settlement and the closing of escrow

Which of the following is another term for the closing?

c. A Bank

Which of the following is likely to function as an escrow agent in a sale of real property?

d. None of these choices are correct

Which of the following is not a defense to assault and battery charges?

d. The employer is at fault

Which of the following is not a requirement to recover benefits under the workers' composition laws?

b. Garnishment

Which of the following is not a theory of product liability?

c. To unilaterally dissolve the partnership

Which of the following is not among the rights of partners in the Uniform Partnership Act?

a. The interference was justified as good faith competitive behavior

Which of the following is not an element of wrongful interference with a contractual relationship?

d. The buyer applies for a loan to purchase the real estate

Which of the following is not an event that occurs at a real estate closing?

d. Forgery

Which of the following is not an example of an intentional tort?

b. A house

Which of the following is not an example of personal property?

d. A car

Which of the following is not an example of real property?

b. Marriage counseling

Which of the following is not one of the steps that is generally required for a legally recognized marriage to take place?