BLAW Final Review 2
A ______________________ is a contract granting a person or firm permission to use a copyright, patent, or trademark for a limited time and in a limited manner. A. license B. infringement C. fair use D. royalty E. cease and desist order
A
A patent protects which of the following? A. An invention B. A song C. A brand name D. A logo E. A movie
A
Auto Co. manufactures automobiles. One day, during her shift, Jan does not pay attention to her work (she was watching Netflix on her phone) and she forgets to insert a critical pin in the steering column of an automobile. That particular automobile is eventually sold to Sam, who is injured because of the missing pin. If Sam sues Auto Co. , which type of product liability claim would he bring? A. Manufacturing defect B. Design defect C. Failure to warn
A
Fayetteville city council passed a law prohibiting any organization or group from hosting rallies from 10 pm to 7am. An anti-abortion group wants to hold a rally to support life at midnight but is denied a permit to do so. The group files a lawsuit asking a court to overturn Fayetteville's law. How will the court likely rule? A. In favor of Fayetteville because their law is a content neutral restriction. B. In favor of Fayetteville because a right to life group is not a clear and present danger. C. In favor of the anti-abortion group because their first amendment rights were violated. D. In favor of the anti-abortion group because of equal protection.
A
Gladys was injured when a restaurant sign fell on her. She sued the restaurant alleging that the restaurant was negligent and demanded a jury trial. At trial, who will consider the evidence and decide whether the restaurant was negligent? A. The jury because this is a question of fact. B. The judge because this is a question of law. C. The jury because this is a question of law. D. The judge because this is a question of fact.
A
If Nedra posts a clip of a Disney movie on YouTube (clearly infringing Disney's copyright) is YouTube liable for copyright infringement? A. No under the Digital Millennium Copyright Act if Disney sends a take-down request and YouTube complies B. No because of the ICANN uniform rules C. No because of the First Sale Doctrine
A
In which of the following courts would the court normally be expected to hear the testimony of witnesses? I. U.S. District Court II. U.S. Circuit Court of Appeals. III. U.S. Supreme Court. IV. Arkansas Supreme Court. A. I only. B. I and II only. C. I and III only. D. I, II, and III only. E. I, II, III, and IV.
A
In which of the following courts would you normally be entitled have your case heard by a jury? I. U.S. District Court II. U.S. Court of Appeals III. U.S. Supreme Court A. I only. B. II only. C. III only. D. I and II only. E. I, II and III
A
In which of the following kinds of courts would witnesses be called to testify? I. Trial courts (state and federal). II. Appellate courts. III. The Supreme Courts of the various states and the U.S. Supreme Court A. I only. B. II only. C. III only. D. I and II only. E. I, II and III
A
Jose accidentally caused a car accident injuring Paris and destroying Paris' bicycle. Which of the following damages could Paris recover? A. Pain and suffering and property damage and medical bills B. Consequential damages C. Mitigation damages. D. Specific performance E. All of these.
A
Marilyn is a well known country and western entertainer. She entered into a 2 year contract with a nightclub in Nashville. The contract paid her $5,000 per week. After six months the Silver City (a large hotel in Las Vegas) contacted Marilyn and offered her a one-year contract starting immediately for $10,000/week. Silver Dollar City did not know about Marilyn's contract with the Nashville nightclub. Marilyn accepted the Las Vegas offer and left Nashville. What legal remedy or remedies would the Nashville nightclub have in this case? I. Sue Marilyn for breach of contract. II. Sue the Las Vegas hotel (Silver City) for wrongful interference with a contract. A. I only. B. II only. C. I and II. D. Neither I nor II.
A
Nedra posts a false statement of fact about Shaun on Instagram, causing injury to Shaun. Is Instagram liable for defamation? A. No because of Section 230 of the Communications Decency Act B. No because of the ICANN uniform rules C. No because of common law defamation elements
A
Plaintiffs in personal injury negligence lawsuits may recover what types of damages? A. Medical expenses and pain and suffering B. Specific perforamce C. Liquidate damages E. Consequential damanges
A
Some professions require members of the profession to pass an ethics exam and follow an ethical code. Which of the following professions have that requirement? A. lawyers and certified public accountants B. professors C. public school teachers D. bankers
A
Starla is Tik Tok famous. She creates original dances using 15-second song clips offered by Tik Tok. Those song clips are protected by which type of intellectual property law? (btw Tik Tok pays for those song clips) A. copyright B. trademark C. patent D. service mark E. not protected
A
Susan is a public school teacher. She tweets that the school doesn't support its teachers and it's a horrible working environment. The school board fires Susan. Susan sues the school claiming it violated her right to "free speech." The school moves to dismiss Susan's suit. How will the judge likely rule? A. Deny the motion for dismissal because there is a state action B. Deny the motion based on the due process clause C. Deny the motion based on the equal protection clause D. Dismiss the suit as there is no state action. E. Dismiss the suit due to the doctrine of judicial review.
A
Tad filed for bankruptcy as the amount of his debts far exceeded the amount of his assets. In the bankruptcy the trustee seized all of Tad's non exempt property, which he sold in order to pay off the creditors. Unfortunately the amount of money generated by the sale of the assets was insufficient to pay all of the debts, and very few of the creditors were fully paid. This form of bankruptcy is known as: A. Ch. 7 B. Ch. 11 C. Ch. 12 D. Ch. 13 E. None of the above. Since the creditors could not be paid in full, the bankruptcy proceeding was illegal
A
The Full Faith and Credit Clause of the U.S. Constitution requires which of the following? A. a state must honor rights established in another state regarding deeds, wills, contracts and court judgments B. police to have probable cause to search a residence C. all people are treated the same regardless of the state they live in. D. everyone follow the constitution E. every states honor the first amendment
A
The person filing a bankruptcy case is the ______ and must file the case in _____. A. Debtor; federal bankruptcy court B. Creditor; federal bankruptcy court C. Trustee; federal bankruptcy court D. Debtor; state court
A
The primary role of the jury in a civil trial is to: A. Resolve questions of fact. B. Resolve questions of law. C. Determine whether or not a witness should be allowed to testify D. Determine whether or not a lawyer should be sanctioned for improper conduct E. ALL of these.
A
Which of the following ADR procedures is the most popular and is often required by judges before a trial date can be schedule? A. Mediation B. Arbitration C. Rent a judge D. Judge Judy
A
Which of the following is a "Uniform" statutory law prepared by the National Conference of Commissioners on Uniform State Law? A. Uniform Commercial Code B. U.S. Constitution C. Federal Register D. Uniform Federal Code
A
Which of the following is correct? I. Trademarks may protect things like a word, symbol, or sound to indicate a source of goods. II. Trademarks may protect inventions. III. Trademarks may protect songs, movies, and works of art. A. I only. B. II only. C. III only. D. I and II only. E. I, II and III.
A
Which of the following is true about ethical codes? A. Some professions, such as certified public accountants, doctors, and lawyers, require taking an ethics exam and adherence to a code of ethics B. ALL industries require adherence to a code of ethics C. No profession requires adherence to a code of ethics D. Sarbanes-Oxley requires banks follow the SOX Code of Ethics
A
A patent protects which of the following? A. copyright B. invention that is novel, useful, and non-obvious C. creative work in a tangible medium, such as a movie D. trademark
B
Auto Co. manufactures automobiles. Every other auto manufacturer uses steel connecting pins in their cars. Auto Co. uses plastic connecting pins (to save money). If people are injured because the plastic connecting pins break, what type of product liability claim would the injured people bring? A. Manufacturing defect B. Design defect C. Failure to warn
B
Dan wants to sue his employer. However Dan cannot sue because his employment contract has a mandatory __________ clause. Because of this clause, Dan and his employer must submit their dispute to a neutral third party who will issue a binding ruling: A. Mediation. B. Arbitration. C. Litigation D. Settlement E. NONE of these. Such a clause is illegal in the U.S.
B
Frank performs plumbing services in DeShawn's office building. DeShawn does not pay Frank. What type of debt is this? A. Secured debt B. Unsecured debt C. Foreclosed debt D. Materialmen's debt
B
If the University of Arkansas were to require all students to attend a Catholic mass every Sunday, this would probably be considered: A. A violation of the freedom of speech doctrine in the first amendment B. A violation of the establishment clause in the first amendment C. A violation of rule of law established by the Brown v. Board of Education case (1954) D. A violation of the supremacy clause in Article Six E. NO violation of constitutional law since such religious activities are in the best interest of the students.
B
Kayne loses all of his money in an investment scheme making him unable to pay his bills. If Kayne files a Bankruptcy Petition, in which court would Kayne file? A. State Bankruptcy Court B. Federal (U.S.) Bankruptcy Court C. U.S. District Court D. U.S. Court of Appeals
B
Mary wants to rent an apartment if Fayetteville, Arkansas. The landlord tells Mary that she will have to have another adult with a credit score over 700 guarantee she will make the payments. Mary calls her mom and hands the phone to the landlord. Mary's mom promises the landlord she will pay the rent if Mary fails to do so and they hang up. If Mary fails to pay does the landlord have a legally enforceable contract against Mary's mom? A. No, because of the UCC B. No, because the Statute of Frauds requires this type of contract to be in writing C. Yes, because Mary's mom agreed D. Yes, because Mary's mom has a pre-existing duty
B
Monique contracts with Mrs. Jones to build a fireplace in Mrs. Jones' home for $5,000. After completing the fireplace, Monique sends an invoice to Mrs. Jones. Which of the following is true? A. Mrs. Jones is a secured creditor. B. Monique is an unsecured creditor. C. Mrs. Jones is in default. D. Mrs. Jones' home is collateral.
B
The Florida Legislature passed a law prohibiting masks in public buildings. What type of law is this? A. Ordinance B. State statute C. Executive Order D. Federal statute
B
The crime of _______________________________ occurs when a person uses private, non-public information to buy or sell stock. A. Embezzlement B. Insider Trading C. Bribery D. Fraud
B
When the bankruptcy trustee liquidates (sells and converts to cash) the debtor's non-exempt assets, this fund of cash is called _____. A. Priority B. Bankruptcy estate C. Fraudulent transfers D. Schedules
B
Which of the following ADR procedures results in hearing before a neutral third party who then issuing a decision which is binding upon the parties? A. Mediation B. Arbitration C. Rent a judge D. Mock trial E. Small claims court
B
Which of the following forms of ADR generally results in a ruling by a neutral third party which is BINDING on the parties? I. Mediation II. Arbitration A. I only. B. II only. C. I and II only. D. Neither I nor II
B
Which of the following forms of speech are NOT protected by the first amendment? I. Speech which presents a clear and present danger. II. Speech which is considered to be defamatory under state law III. Speech which is considered to be obscene under state law. IV. Speech which consists entirely of statements of fact which are known to be without merit. A. I and II only. B. I, II and III only. C. I, II, III, and IV. D. I and III only. E. II and III only.
B
Which of the following forms of speech are generally considered to be fully "protected" by the first amendment? A. Defamatory speech. B. Symbolic speech. C. Commercial speech. D. Speech which is obscene. E. Speech which presents a clear and present danger.
B
Which of the following is true? A. The UCC and the common law are identical sets of laws B. The UCC and common law differ in some respects, such as acceptance C. The UCC is a federal law D. The common law is a federal law
B
Which one of the following is NOT a required element of a contract? A. Agreement B. Formality C. Consideration D. Capacity E. Legality
B
You are serving on a jury which is hearing a lawsuit filed by a plaintiff who is alleging that a defendant's negligent driving caused the plaintiff serious bodily harm. After hearing the case you determine that it is more likely than not that the plaintiff has proven his allegation that the defendant's negligence caused the plaintiff harm. However you are not sure of this beyond a reasonable doubt. What should you as a juror do in this situation? A. Vote in favor of the defendant. B. Vote in favor of the plaintiff. C. Vote to have the trial judge declare a mistrial D. Vote to have the trial judge decide the case E. Vote to have an appellate court decide the case
B
You have been involved in a car accident and sustained substantial damages. You have hired an attorney to bring a lawsuit against the driver of the other car. In order to win your case the attorney would have to prove that the other driver was responsible for your damages by what standard of proof? A. By a reasonable doubt B. By a preponderance of the evidence. C. By a minimal amount of evidence. D. Beyond a reasonable doubt. E. Beyond a shadow of doubt.
B
A political group plans a rally for 11pm to support their candidate. They didn't realize that the city where the rally was planned had an ordinance that stated "No rally may be held from 10pm-7am." The purpose of the ordinance was to reduce noise when most people are sleeping. When people began to arrive for the rally police sent them home citing the ordinance. If the political group sues based on their right to free speech the court will likely: A. Rule in favor of the city because there is a rational basis for the restriction. B. Rule in favor of the political group because the restriction doesn't stand up to strict scrutiny. C. Rule in favor of the city because the restriction is content neutral. D. Rule in favor of the political group because of equal protection.
C
Ace Bank lent $125,000 to Jones at a time when both Ace Bank and Jones were residents of Arkansas. Jones defaulted on the loan and was promptly sued by Ace Bank in an Arkansas court and received a judgment in its favor. Jones then moved to Texas. Does Ace Bank have the legal right to have this judgment enforced by legal process in Texas? A. Yes, under the supremacy clause of the constitution. B. Yes, under the federalism clause C. Yes, under the full faith and credit clause D. No, under the doctrine of federalism E. No, under the doctrine of state action
C
DeAndre has 10 general, unsecured creditors. Most of these are credit card companies, but one is a small local bar which has allowed him to run up a line of credit. He has decided to file for bankruptcy, but two weeks before doing so he pays off in full his tab at the local bar so that he can stay in good standing with them. Assuming that the trustee challenges the payment to the local bar, which of the following is correct? A. The payment is legal and the trustee will not be able to recover from the owner of the bar, as the debt was legally owed B. The payment is a fraudulent transfer and the bar owner must give the money to the trustee C. The payment is a preference and the owner of the bar must pay the money to the trustee D. The payment is allowable under bankruptcy law since debts owed to restaurants and bars are non-dischargeable E. The payment is allowable as DeAndre has fewer than 12 general, unsecured creditors
C
Eve is a contractor. Kanye contracts with Eve to remodel his tiny home. After finishing the remodel, Eve sends Kanye an invoice. Which of the following is true? A. Eve is in default. B. Kanye is a secured creditor. C. Eve is an unsecured creditor. E. Kanye's tiny home is collateral.
C
Kerry was employed by an upscale women's clothing store. After working for them for 6 months she became dissatisfied with how she was treated, especially with their requirement that she work overtime during certain times of the year. She communicated her complaints via advertisements in the local paper. As a result of these advertisements she was dismissed (fired) by the store. Kerry has brought a lawsuit against the store based on an alleged violation of her right to free speech. A court hearing this case would probably rule in favor of: A. Kerry, based on the first amendment's free speech doctrine B. Kerry, based on the 14th amendment's due process clause C. The store as there was a lack of state action D. The store as Kerry violated the due process clause when she posted the advertisement
C
Lady Luck is a budding professional singer and entered into a contract with a small nightclub in Las Vegas. The term of the contract was for six months. After only 3 months Lady Luck "hit it big" and a larger Vegas nightclub got her to dump the small nightclub and work for them for a much larger salary. The large nightclub knew about Lady Luck's original contract, but told Lady "your current contract means nothing!" If the smaller nightclub should go to court to collect damages the result will probably be: I. Lady Luck will be held liable to small nightclub for breach of contract. II. The large nightclub will be held liable to small nightclub for wrongful interference with a contract. A. I only. B. II only. C. I and II. D. Neither I nor II.
C
Lisa is a third year law student looking for a job. Cheatum Law Firm, located in Little Rock, makes Lisa a job offer to pay her $75,000 a year. Part of their offer requires Lisa to pass the Arkansas Bar Exam and be licensed to practice law by September 1. Lisa accepts the offer. Lisa graduates from law school, takes the bar exam, moves to Little Rock and on August 30 learns that she did not pass the bar exam and therefore will not receive a law license. In this case: A. Lisa's performance is excused under the doctrine of impossibility. B. Cheatum Law firm has to hire Lisa under the "substantial performance" doctrine. C. Cheatum Law firm does not have to hire Lisa because a condition precedent was not satisfied. D. Cheatum Law firm has to hire Lisa because the contract was in writing and thus satisfied the Statute of Frauds. E. The contract is not valid by either party for lack of consideration.
C
Many trial courts require that the parties engage in which of the following forms of ADR before a trial date can be scheduled? A. Rend a judge ADR B. Arbitration C. Mediation D. Moot court E. Mock trial
C
Pete is a public school teacher. He writes a letter of opinion to the local paper that the school bullies students and doesn't support free speech. Pete is fired for his letter. Pete sues the school claiming it violated his right to "free speech." The school moves to dismiss Pete's suit. How will the judge likely rule? A. Dismiss the suit because of the equal protection clause B. Deny the motion based on the due process clause C. Deny the motion for dismissal because there is a state action D. Dismiss the suit as there is no state action. E. Dismiss the suit due to the doctrine of judicial review.
C
The EPA enforces regulations related to the environment. Which part of the government creates regulations? A. The executive B. U.S. Constitution C. Administrative agencies D. City councils
C
The National Conference of Commissioners on Uniform State Law drafted the Uniform Commercial Code (UCC). The UCC is adopted by? A. The Federal Government B. Cities C. States D. The Executive
C
The President of the United States wants to eliminate wasteful spending. The President creates a law prohibiting federal agencies from purchasing paper clips. What type of law may the President independently create? A. Ordinance B. State statute C. Executive Order D. Federal statute
C
Tom is an executive at Big Co. He learns that an upcoming announcement is going to cause the stock to go down. He tells his neighbor to sell Big Co's stock. This is an example of what? A. A stock tip B. Private research C. Insider trading D. Mail and Wire Fraud
C
Tomas wants to get a mortgage for a house. If the mortgage is for $100,000 with 3% interest for 20 years this is an example of which type of mortgage? A. Secured B. Unsecured C. Fixed Rate D. ARM
C
Which of the following are examples of secured debt? A. Medical Bills B. Credit Card Bills C. A motorhome listed as collateral in a loan used to by the motorhome. D. An artisan's lien
C
Which of the following are required elements of a contract? A. Offer, Acceptance, Money, Legality B. Agreement, offer, acceptance, legality C. Agreement, Consideration, Capacity, Legality D. Agreement, Fair Consideration, Capacity, Legality
C
Which of the following is an example of commercial speech? A. Signs at a protest B. Chants made at a protest C. An advertisement stuck on your windshield D. Speech which is obscene. E. Speech which presents a clear and present danger.
C
Which of the following kinds of contracts is subject to the "statute of frauds?" I. Contract for the sale of land. II. Contract cannot be completed within one year. III. Contract constituted a promise to stand behind the debt of another. IV. Employment contract in excess of $5,000 per month for an indefinite time period. A. I only. B. I and II only. C. I, II and III only. D. I, II, III, and IV. E. I and III only.
C
A creative work in a tangible medium, such as a song or book is protected by ________________ law. A. patent B. trademark C. trade secret D. copyright
D
Allen obtained a judgment in a breach of contract case whereby he was awarded $100,000 in damages. In order to avoid paying the judgment the defendant moved to a different state. Allen pursued the defendant, and upon locating him brought an action to have his judgment recognized and enforced by the different state. Is this state required to do so? A. No, as legal precedents in one state are not required to be followed in other states. B. No, as the Constitution specifically says that no state is required to submit its legal authority to another state. C. Yes, under the Supremacy clause. D. Yes, under the Full Faith and Credit clause.
D
Gail posts a message on Facebook that makes negative comments about her employer, Oprah. Gail works for Oprah's magazine, "O". When Oprah sees the post, she immediately fires Gail. Gail sues Oprah alleging a violation of her first amendment rights of free speech. Oprah files a Motion to Dismiss. How will the trial court rule? A. Allow the suit to go forward if Gail can prove beyond a reasonable doubt that her constitutional rights were violated B. Allow the suit to go forward if Gail she can prove by a preponderance of the evidence that her constitutional rights were violated C. Allow the suit to go forward because it is a first amendment case . D. Dismissed, because there is no state action. E. Dismissed, because of the Full Faith and Credit Clause.
D
In Kansas City, MO, a court is hearing a case of insider trading. The defendant offers into evidence a controversial document. The prosecution objects to the offered evidence. Who decides whether the evidence is admissible? A. Juries decide such questions B. The appellate justices decide issues of law C. The prosecution makes the determination D. The judge
D
In order to buy new office equipment Allen borrowed $150,000 from a local bank. As security for the debt, the bank took a mortgage (lien) on the equipment. At a time when the amount of the debt was $125,000 Allen defaulted, and the bank repossessed the equipment. The debtor was notified that the property would be sold at a public auction, but did not bother to attend the auction. The net proceeds resulting from the repossession and auction (ie, after all expenses were paid) was $100,000. Which of the following is correct? A. The auction was invalid since the highest bid was less than the amount of the debt B. The buyer of the equipment at the auction is responsible to Allen for $25,000 C. The sale of the equipment, as it was made in good faith, fully satisfies Allen's obligation to the bank D. The bank can get a deficiency judgment against Allen for the $25,000 remaining on the debt. E. The buyer of the equipment must return the property (receiving back the amount he paid at auction)
D
Marcel is an employee of a large retail business. He had written a number of letters to the local paper criticizing his employer and for this he was fired. He has sued the retail business claiming that the business has violated his right to "free speech." Is he likely to win his case based on constitutional law? A. Yes, based on the first amendment. B. Yes, based on the due process clause C. Yes, based on the equal protection clause D. No, as there is no state action in this situation. E. No, due to the doctrine of judicial review.
D
OSHA regulates workplace safety. OSHA created a law requiring hospitals to protect its workforce against Covid-19. Which type of law is this? A. Constitutional B. Common Law C. Ordinance D. Regulation
D
The people or businesses a debtor owes money to are called the __________________. A. Debtors B. Bankruptcy estate C. Fraudulent transfers D. Creditors
D
Todd is an employee of the Yankees. Todd tweets under the twitter name "abc123" vulgar messages about the daughter of Burt Skilling (a professional baseball player). Burt tells the Yankees and the Yankees fire Todd. Todd sues the Yankees alleging they violated his First Amendment right to free speech. How will this case likely conclude? A. Todd will succeed if he can show this First Amendment right to free speech was violated. B. The suit will be dismissed because of the Full Faith and Credit Clause. C. The suit will be dismissed because there was no intention to harm. D. The suit will be dismissed because of the state action doctrine. E. The trial judge will certify this issue to an appellate court as issues of law are to be decided by appellate courts.
D
Which of the following are examples of secured debt? A. Unpaid membership dues to a golf course B. Unpaid bar tab C. Unpaid restaurant tab D. Unpaid loan payment for a boat that lists the boat as collateral
D
Which of the following courts are courts where a case originates? I. U.S. Circuit Court of Appeals II. U.S. Supreme Court III. Arkansas Supreme Court IV. U.S. District Court A. I only. B. II only. C. III only. D. IV only E. I and II only. E. I, II III and IV
D
Which of the following forms of speech are generally considered to be fully "protected" by the first amendment? A. Speech which is obscene B. Speech which presents a "clear and present danger." C. Defamatory speech. D. Symbolic speech. E. Commercial speech
D
Which of the following is NOT generally considered to be a reason for the popularity of Alternative Dispute Resolution (ADR)? A. Flexibility of the procedure B. Quicker than civil court C. Less expensive than civil court D. Results in a decision which operates as a legal precedent for future cases
D
Which one of the following contracts must be in writing pursuant to the Statute of Frauds? I. A real estate contract to purchase 40 acres of real property in Arkansas. II. A contract made in April between a homeowner and a pool service company to provide pool service over the next four months (May - August) III. An employment contract which is for a two year time period. A. I only. B. II only. C. I and II only. D. I and III only. E. I, II and III
D
Which one of the following is evidence a jury can consider? A. A statement made by the attorney during a press conference B. A statement made by the judge in ruling on an objection based on hearsay C. A statement made by the arresting officer in a criminal case that was reported in a newspaper article but who did not actually testify in the trial. D. A statement made by an eyewitness while testifying under oath during the trial E. Any statement that is made to a juror inside or outside the courtroom can be considered
D
Which part of the government creates statutory law? A. Voters B. Courts C. Executive D. Legislature
D
A bankruptcy judge may deny a debtor's request for bankruptcy discharge for which of the following reasons? I. Destroying or falsifying records. II. Making a false statement under oath. III. Having received a discharge in the prior 8 years. A. I only. B. II only. C. III only. D. I and II only. E. I, II and III
E
Acme Company and Baker Company entered into a contract for the sale of undeveloped land. The buyer (Baker) wanted to use the land to build a new office building, but was concerned that the zoning laws would prohibit such a use in that zone. So he insisted that the contract contain a statement that the contract would only take effect if the local government changed the zoning laws to permit the construction of an office building in that zone. Which of the following is correct regarding this statement in the contract? A. The statement makes the contract void B. The statement makes the contract voidable C. The statement is legal under the "satisfaction" doctrine D. The statement is legal under the "time for performance" doctrine E. The statement is legal under the "condition precedent" doctrine
E
Diane purchased a new car from Mighty Motors. She signed a contract whereby she was to pay a down payment of $5,000 with the balance of the debt to be paid in 48 monthly installments. After one year Diane lost her job and was not able to make any further payments. Which of the following correctly describes Mighty's rights in this case under the laws of most states? I. They can repossess the car using self help. II. They can have the car sold at public auction with full notification to Diane. III. If the sale of the car at auction does not bring sufficient funds to pay off the debt, Diane can be held liable for the deficiency. A. I only. B. II only. C. III only. D. I and II only. E. I, II and III.
E
Eighteen months before filing bankruptcy, Todd sells his motorcycle to his brother for $1 with the agreement that his brother will sell it back to Todd after Todd files for bankruptcy and receives a discharge of his debts. If the trustee can prove that Todd intended to defraud creditors with this transaction, which of the following is likely to happen? A. Nothing because this is a valid contract with consideration given by both parties. B. This transaction will be reversed because it was a preference C. Nothing, because eighteen months is longer than 90 days, so the trustee has no power to take the motorcycle. D. Todd's brother will be charged with the crime of theft from the bankruptcy estate. E. Todd's brother will have to deliver the motorcycle to the trustee as this is a fraudulent transfer.
E
In both civil and criminal cases it is the responsibility of the jury to: A. Investigate the criminal background of the defendant. B. Determine whether a lawyer should be sanctioned for misconduct in the trial C. Determine whether or not a witness should be allowed to testify in the trial. D. Resolve questions of law. E. Resolve questions of fact.
E
Mike dies while driving a high performance sports car. His family sues the car manufacturer in "strict liability," alleging that the car was defective when sold by the manufacturer and that the defect resulted in Mike's death. Which of the following defenses can be successfully used by the manufacturer to avoid liability in this case? I. Mike purchased the car from a car dealer and therefore was not in privity of contract with the manufacturer. II. Mike was unable to prove that the manufacturer was negligent in the making of the car III. When the car was sold by the manufacturer the contract contained a waiver which disclaimed any product liability. A. I only. B. II only. C. III only. D. I, II and III. E. None of these defenses can be used.
E
Some forms of speech are not protected by the first amendment. This would generally include which of the following forms of speech? I. Speech which presents a clear and present danger. II. Speech which is defamatory. III. Speech which is obscene. A. I only. B. II only. C. III only. D. I and II only. E. I, II and III
E
The doctrine of "burden of proof" is an important part of U.S. law. Which of the following is correct regarding this doctrine? I. In a civil case the plaintiff has the burden of proof. II. In a criminal case the defendant has the burden of proof. III. In a civil case the standard "burden of proof" is "by a preponderance of the evidence." A. I only. B. II only. C. III only. D. I and II only. E. I and III only
E
Which of the following bankruptcy chapters is intended for individuals who wants pay off their debts over a 3 to 5 year time period? A. Ch. 7 B. Ch. 9 C. Ch. 11 D. Ch. 12 E. Ch. 13
E
