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1) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding the property, Indiana has

1. federal question jurisdiction
2. in personam jurisdiction
3. in rem jurisdiction
4. no jurisdiction

Reveal answer 2) Ross, an employee of Super Snowboard Company, e-mails Super Snowboard Company's future marketing campaign to Winter Sports Corporation, Super's competitor, without permission. This is

1. a theft of trade secrets
2. copyright infringement
3. patent infringement
4. trademark infringement

Reveal answer 3) Vladimir negotiates a bearer instrument to Wendy by

1. assignment
2. delivery
3. presenting it in response to a demand by Wendy
4. promising to pay

Reveal answer 4) Melanie engages in speech that wrongfully harms others' good reputations on her blog at no.lie.com. The First Amendment gives such speech

1. less protection than obscene speech
2. more protection than symbolic speech
3. no protection
4. the same protection as any noncommercial speech

Reveal answer 5) Hybrid Corporation enters into a contract with Insure Service, Inc. (ISI), to obtain health insurance for Hybrid employees. If ISI breaches the contract and Hybrid is awarded compensatory damages, the purpose would be to

1. establish, as a matter of principle, that ISI acted wrongfully
2. provide Hybrid with funds for a foreseeable loss beyond the contract
3. provide Hybrid with funds for its loss of the bargain
4. punish ISI and set an example to deter others from similar acts

Reveal answer 6) Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is

1. a certification mark
2. a collective mark
3. a service mark
4. trade dress

Reveal answer 7) Edie files a suit against Frank. If this suit is like most cases, it will be

1. dismissed during a trial
2. dismissed or settled before a trial
3. resolved only after a trial
4. settled at a trial

Reveal answer 8) Greco promises to buy illegal copies of CDs and DVDs from Fava, who promises to deliver on April 15. These promises are most likely

1. enforceable
2. valid
3. void
4. voidable

Reveal answer 9) Outbound Travel Agency agrees to hire Petra for one year at a salary of $1,000 per week. When Outbound cancels the contract, Petra spends $2,000 to obtain a similar job that pays $750 per week for a year. Petra is entitled to recover

1. $2,000 only
2. the amount of the wages that Outbound promised only
3. the difference between the wages at the two jobs only
4. the difference between the wages at the two jobs plus $2,000

Reveal answer 10) Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting. Under a shipmentcontract, the seller must

1. allow the buyer to reject the goods for any reason
2. deliver the goods to a particular destination
3. inspect the goods before shipping them
4. place the goods into the hands of a carrier

Reveal answer 11) Frida is an employee of Green Recycled Products Company. A state statute protects Frida from Green's retaliation if Frida reports to state officials, or others, that Green is involved in unsafe or illegal activity. With respect to the employment-at-will doctrine, this is

1. an example of the doctrine
2. an exception based on contract theory
3. an exception based on public policy
4. an exception based on tort theory

Reveal answer 12) Flo tells Gregor that she will buy his textbook from last semester for $65. Gregor agrees. Flo and Gregor have

1. a quasi contract
2. an executed contract
3. an express contract
4. an implied contract

Reveal answer 13) Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by

1. a fine only
2. imprisonment up to one year
3. imprisonment up to six months
4. imprisonment up to ten days

Reveal answer 14) Frida hires Gert, a real estate broker, to act as her agent to sell her house. The house burns down before being sold. The agency agreement is likely

1. still in force if Frida gives Gert additional consideration
2. still in force if Gert does not tell prospective customers
3. terminated by mutual consent of the parties
4. terminated by operation of law

Reveal answer 15) Intoxicated, Clio agrees to sell her restaurant, Diners Café, to Evan for half of its real market value. This deal is most likely void if

1. Clio appeared intoxicated to Evan
2. Clio disaffirms the contract after becoming sober
3. Clio was so intoxicated as to have no memory of the deal
4. Evan fraudulently induced Clio to become intoxicated

Reveal answer 16) GR8 Products, Inc., warrants its goods to be free of defects. If Heck issues an instrument to obtain goods from GR8 that prove defective, Heck can avoid paying on the instrument

1. only if it is a check
2. only if it is a note
3. under no circumstances
4. whether it is a check or a note

Reveal answer 17) Vehicle Leasing Agency (VLA) and Wander Trucking Company enter into a contract for a lease of eight cargo vans. VLA delivers eight vans, but they are not cargo-sized. Wander

1. can reject the entire shipment
2. cannot reject the entire shipment
3. must accept the entire shipment
4. must reject the entire shipment

Reveal answer 18) Lenore is the sole proprietor of Mall Kiosks. With respect to contracting for her own business interests, Lenore is

1. an agent and has the authority
2. an agent but does not have the authority
3. not an agent and does not have the authority
4. not an agent but does have the authority

Reveal answer 19) Sam, an engineer, supervises the construction of a new bridge. When the bridge collapses due to faulty construction, Sam is sued by those injured in the collapse. As a professional, Sam is held to the same standard of care as

1. ordinary persons
2. other engineers
3. other professionals, including doctors, dentists, and lawyers
4. those injured in the collapse of the bridge

Reveal answer 20) Vernon claims that his contract with Ulani is voidable. If their contract is avoided

1. a wholly different contract is agreed to
2. a wholly different contract is imposed "as if" the parties had agreed
3. both parties are released from it
4. both parties must fully perform their obligations under it

Reveal answer 21) Delta, Inc., agrees to assume a debt of Excel Company to First State Bank. The agreement is not in writing. To be enforceable, the promise must be for the benefit of

1. Delta
2. Excel
3. First State
4. any party

Reveal answer 22) Capital Properties. Inc., and Broadview Corporation enter into a contract for a sale of land. To be enforceable, the contract must be in writing if the land is valued at

1. $50
2. $500
3. $5,000
4. any price

Reveal answer 23) Lou and Mira want to rescind their contract under which Lou sold an MP3 player to Mira for $50. To rescind the contract

1. Lou must return the $50 and Mira must return the player
2. Lou must return the $50 only
3. Mira must return the player only
4. the parties can keep the "benefits" of their bargain

Reveal answer 24) Quality Products, Inc., files a suit against Retail Sales Corporation. Sid is a witness fro Quality. Tod is a witness for Retail. Quality may direct interrogatories to

1. Retail only
2. Retail, Sid, or Tod
3. Sid only
4. Sid or Tod only

Reveal answer 25) Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for

1. assault and battery
2. false imprisonment
3. intentional infliction of emotional distress
4. none of the choices

Reveal answer 26) Mace copies Nick's book, Off the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace's name. This is

1. copyright infringement
2. fair use
3. licensing
4. protected expression

Reveal answer 27) The Securities Exchange Commission (SEC) is an administrative agency. Like other administrative agencies, the SEC was established to

1. act as a liaison between federal and state governments
2. impose uniform laws on the states
3. perform a specific function
4. standardize laws for the executive and judicial branches

Reveal answer 28) Hong, Ivan, and Juana apply to work for King Meatpacking Company. These individuals' identities and eligibility to work must be verified by

1. the U.S. Citizenship and Immigration Services
2. the employer
3. the individuals
4. the individuals' countries of origin

Reveal answer 29) Holiday Sales Company and Global Distributors, Inc., enter into an express contract for the delivery of imported specialty goods. Express contract terms are given

1. less priority than the parties' course of performance
2. less priority than the parties' prior dealing
3. less priority than the trade usage in the parties' industry
4. more priority than the prior dealing, course of performance, and trade usage

Reveal answer 30) Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is

1. disparate-impact discrimination
2. disparate-treatment discrimination
3. disperate-measure discrimination
4. not discrimination

Reveal answer 31) Open Country, Inc., makes grills, camp ovens, and other outdoor cooking appliances. Under the Restatement (Third) of Torts: Products Liability, Open Country could be liable for a warning defect if there is a foreseeable risk of harm posed by one of its products and

1. the omission of a warning renders the product not reasonably safe
2. there is a reasonable alternative design
3. there is a lack of care in making of the product
4. none of the choices

Reveal answer 32) Owen and Pablo enter into a contract for a sale of fifty Western saddles. Pablo pays, but Owen does not deliver. Pablo can normally recover as damages the difference between

1. anyy loss avoided and any profit gained
2. the actual price and the hoped-for price
3. the contract price and the market price
4. the current prices in the parties' locations

Reveal answer 33) Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers. Ellen's use of the chapter is actionable provided

1. Ellen does not have Frank's permission
2. Ellen's use is intentional
3. Ellen's use reproduces Frank's chapter exactly
4. consumers are confused

Reveal answer 34) Opal signs a promissory note payable to the order of Payday Loan Company. The note states that it is payable "with interest at the legal rate." This note is

1. negotiable
2. nonnegotiable, because it does not specify a rate of interest
3. nonnegotiable, because it is a promissory note
4. nonnegotiable, because it is payable only with interest

Reveal answer 35) Dependable Appliances, Inc., and Elain enter into a contract for a sale of kitchen appliances. Dependable, a merchant who deals in goods of the kind sold, notes that its goods come with an implied warranty of merchantability. Under the UCC, this means that the goods are reasonably

1. fit for the buyer's particular purpose
2. fit for the ordinary purpose for which such goods are used
3. suitable for resale at an acceptable price
4. the best quality that money can buy

Reveal answer 36) Tyrone draws a check payable to "Cash" and presents it to United Bank for payment. This instrument is

1. a bearer instrument
2. an order instrument
3. valid but nonnegotiable
4. void

Reveal answer 37) Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he

1. does not have Bella's permission to drive on the property
2. drives onto the property for recreational purposes
3. harms the property in a material way
4. harms the property in any way

Reveal answer 38) A contract between Donald and Chloe to lease commercial property contains an exculpatory clause. This clause is

1. enforceable as a matter of public policy
2. enforceable if an event occurs to which the clause applies
3. enforceable if either party is in a business important to the public
4. generally unenforceable

Reveal answer 39) Used Car Lot's salesperson Vic offers to sell Will, who is twenty years of age, a car about which Vic intentionally misrepresents several material facts. In reliance on the misrepresentations, Will buys the car. To prove fraud in this transaction, Will would not have to show that

1. Vic intentionally deceived Will
2. Vic misrepresented several material facts
3. Will is under twenty-one years of age
4. Will justifiably relied on Vic's misrepresentations

Reveal answer 40) Todos Ltd. agrees to supply United Steel, Inc., with minerals from Venezuela. When the government is unexpectedly overthrown in a revolution, Todos can obtain the goods only at a much higher price. United agrees to pay but later files a suit to recover the difference. The court will most likely rule that

1. Todos engaged in extortion or the so-called holdup game
2. Todos had a preexisting duty to supply the goods at the initial price
3. a change in government is a risk ordinarily assumed in business
4. an unforeseen difficulty supported the contract modification

Reveal answer 41) Employment Sources, Inc., enters into a contract with Fred. If Fred is a minor, this contract is most likely

1. enforceable
2. unenforceable
3. void
4. voidable

Reveal answer 42) Steve steals one of Tricia's checks and forges her signature. Tricia's bank, Unity Bank, pays the check. Tricia can recover from

1. Steve, but not Unity Bank
2. Unity Bank, which can recover from Steve
3. Unity Bank, which cannot recover from Steve
4. no one

Reveal answer 43) Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for

1. appropriation
2. benefiting an employee
3. conversion
4. wrongful interference with a business relationship

Reveal answer 44) Grady enters into a contract to buy 440 acres from Hollis to expand Grady's ranch. If Hollis breaches the contract, Grady's normal remedy would be

1. damages
2. quasi contract
3. reformation
4. specific performance

Reveal answer 45) Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is

1. assumption of risk
2. contributory negligence
3. negligence per se
4. superseding cause

Reveal answer 46) Olsen Grocery Company files a suit against Pickle Products, Inc. Pickle responds that even if Olsen's statement of the facts is true, according to the law Pickle is not liable. This is

1. a counterclaim
2. a motion for judgment on the pleadings
3. a motion for summary judgment
4. a motion to dismiss

Reveal answer 47) Cory employs Daily Delivery Agency as an agent under a written agreement that describes the rights and duties of both parties. This is

1. equal authority
2. express authority
3. implied authority
4. parent authority

Reveal answer 48) Britney, an employee of Computer Associates, is arrested at work. A grand jury issues a formal charge against Britney for larceny. This charge is

1. an arraignment
2. an indictment
3. an information
4. an inquisition

Reveal answer 49) Dobry Die & Mold, Inc., enters into a contract with Chet's Refitting Service to fix Dobry's precisely engineered molding equipment. If Chet's delays the repair for five days, knowing that Dobry will lose a certain percentage of profit for the delay, Dobry might be awarded consequential damages to

1. establish, as a matter of principle, that Chet's acted wrongfully
2. provide Dobry with funds for a foreseeable loss beyond the contract
3. provide Dobry with funds for its loss of the bargain
4. punish Chet's and set an example to deter others from similar acts

Reveal answer 50) Based on Bluto's conduct, Cass reasonably believes that Dee has the authority to act on Bluto's behalf even though Dee does not have the actual authority to do so. Cass makes a payment to Dee for Bluto. Dee keeps the money and disappears. Bluto

1. can demand that Cass make a repayment directly to Bluto
2. can obtain damages from Cass for Dee's misconduct
3. may be estopped from denying that Dee had authority
4. must repudiate Dee's misconduct to avoid liability

Reveal answer 51) EZ Credit Company signs an instrument payable to the order of Flem that states, "The maker of this note at the date of maturity, May 1, 2013, can extend the time of payment, but for no more than a reasonable time." This instrument is

1. negotiable
2. nonnegotiable, because it includes an extension clause
3. nonnegotiable, because it is not payable at a definite time
4. nonnegotiable, because it is payable to a specific payee

Reveal answer 52) Elmo, a minor, misrepresents his age to be twenty-one and contracts to buy a car from Fine New Autos. Ordinarily, Elmo can disaffirm the contract

1. only if he can prove that Fine New Autos did not know his true age
2. only if he can prove that Fine New Autos knew his true age
3. under any circumstances
4. under no circumstances

Reveal answer 53) Craft Engineering, Inc., contracts for a sale of technical instruments to Detail Design Company. Before the date on which performance is due, Craft notifies Detail that it will not perform. This is

1. anticipatory repudiation
2. perfect tender
3. rejection of performance
4. revocation of acceptance

Reveal answer 54) Development Associates (DA) agrees to buy five acres of land from Eastside Properties for $15,000. Eastside sells the acreage to Fealty Realty, and fails to go through with DA's deal on the agreed date, when the market price of the land is $17,000. DA may recover

1. $0
2. $2,000
3. $15,000
4. $17,000

Reveal answer 55) On May 1, City Auto & Truck Sales agrees to sell a car to Dino. Five days later, Dino refuses delivery and cancels the contract. City is entitled to

1. force Dino to accept the car
2. recover any damages from Dino but not resell the car
3. resell the car and recover any damages from Dino
4. resell the car but not recover any damages from Dino

Reveal answer 56) InTown Delivery Service promises to deliver a certain couch to Kurt, who promises to pay for the service. If InTown does not perform, the firm may be required to

1. do nothing
2. make another promise
3. pay damages
4. perform a different service

Reveal answer 57) Cold Stuf, Inc., makes snowboards, which it sells to Deep Freeze Sports Store (DFS). DFS sells Cold Stuf boards to consumers, including Ed. Ed is injured while using the board. In a product liability suit based on strict liability, Ed may recover from

1. Cold Stuf only
2. Cold Stuf or DFS
3. DFS only
4. no one

Reveal answer 58) Quik Fix-It, Inc., offers Pam a job as a plumber. No time for acceptance is specified in the offer. The offer will terminate

1. after a reasonable period of time
2. after a typical work week (five business days)
3. after a usual month (thirty calendar days)
4. never

Reveal answer 59) Cash is an employee of Drowsy Resort, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

1. 160 hours in a month
2. eight hours in a day
3. forty hours in a week
4. one year for the same employer

Reveal answer 60) Ben and Ivy enter into a contract under which Ben agrees to cater Ivy's wedding in exchange for $5,000. The contract expressly prohibits any transfer of rights. A contract right may be transferred, however, if the transfer involves

1. a right to Ben's services
2. a right to receive money
3. a right whose transfer is otherwise expressly prohibited by statute
4. rights under Ivy's insurance policy against Ben's failing to perform

Reveal answer 61) Jane offers to sell Kyle three desks for his Lights & Lamps Company administrative office. Kyle sends a rejection first, then changes his mind and sends an acceptance. Whether they have a contract is determined by

1. Kyle's rejection
2. Kyle's subjective intent
3. whatever Jane decides
4. whether Kyle's rejection or acceptance is received first

Reveal answer 62) Research Statistics Corporation uses a merit system to pay its employees according to their job performance. Suki, a female, and Troy, a male, are Research employees with comparable jobs. Due to superior performance, Suki is paid more than Troy. This is

1. disparate-impact discrimination
2. gender discrimination
3. not discrimination
4. reverse discrimination

Reveal answer 63) Olly applies for a job with Petro Company. Petro does not hire Olly because of his ethnicity, or national origin. This is

1. disparate-impact discrimination
2. disparate-treatment discrimination
3. issperate-measure discrimination
4. not discrimination

Reveal answer 64) Cheesy Pizza Company contracts to sell 1,000 cases of frozen pizzas to Roller Rinks, Inc., but refuses to deliver. After the pizzas have been identified to the contract, Roller Rinks finds that cannot obtain pizza elsewhere, due to a spice shortage. Roller Rinks's right to recover the goods from Cheesy is the right of

1. cover
2. cure
3. replevin
4. specific performance

Reveal answer 65) Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include

1. a motion for judgment n.o.v
2. a motion for judgment on the pleadings
3. a statement of the grounds for the court to exercise jurisdiction
4. an explanation of the proof to be offered at trial

Reveal answer 66) Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if

1. Hu has not been caught
2. a third party hears it
3. the statement is puffery
4. the statement is true

Reveal answer 67) Vance points a gun at Workman, threatening to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim ____________ as a defense.

1. duress
2. entrapment
3. insanity
4. self-defense

Reveal answer 68) Fay is mentally incompetent but has not been so adjudged by a court. Any contract Fay enters into is

1. unavoidable
2. voidable if Fay has a lucid interval at the time of contracting
3. voidable if Fay lacks the capacity to comprehend the consequences
4. voidable if the other party does not realize that Fay is incompetent

Reveal answer 69) To finance the purchase of a car from Giant Auto Sales, Hoppy signs an instrument promising to pay to "Ideal Credit Union" $18,000 with interest in installments with the final payment due May 15, 2014. To be negotiable, this instrument must include on its face

1. any conditions to the disbursement of the funds
2. any conditions to the repayment of the loan
3. any y conditions on the sale of the car
4. no conditions

Reveal answer 70) The Constitution provides that no person shall be deprived of "life, liberty, or property without due process of law." Under this clause, "persons" include

1. animals and other "beings in nature"
2. buildings and other "manmade creations"
3. corporations and other "legal persons"
4. none of the choices

Reveal answer 71) Under Ohio's state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include

1. the measures approved by local governing bodies
2. the results of legal scholars' research
3. the rules issued by state administrative agencies
4. the states' constitutions

Reveal answer 72) Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute

1. impinges on citizens' private activities
2. imposes a substantial burden on interstate commerce
3. imposes a substantial burden on the state
4. promotes the public order, health, safety, morals, or general welfare

Reveal answer 73) Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

1. a preponderance of the evidence
2. beyond a reasonable doubt
3. beyond all doubt
4. clear and convincing evidence

Reveal answer 74) A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is

1. assumption of risk
2. negligence per se
3. res ipsa loquitur
4. strict liability

Reveal answer 75) Pat, the manager of Quik Mart, deposits the store's receipts in its account at Regional Bank. As to the receipts, the relationship between Quik Mart and the bank is

1. attorney and client
2. creditor and debtor
3. guardian and ward
4. trustee and beneficiary

Reveal answer 76) Green Grocers, Inc., enters into a contract with Hiway Transport Company for the delivery of a shipment of fresh produce. If the language in the contract has more than one meaning, it will be construed against

1. the party who drafted the contract
2. the party with the greater bargaining power
3. the promisee
4. the promisor

Reveal answer 77) Marbled Granite Company files a suit against Natural Stone, Inc., in a Colorado court with general jurisdiction. In a Delaware court with limited jurisdiction, E-Sales Corporation files a suit against First State Bank. The difference between general and limited jurisdiction is

1. the subject matter of the cases that the courts can decide
2. whether a case is being heard for the first time
3. whether a suit is filed against a single individual or many people
4. whether a suit is filed by a citizen or by a business

Reveal answer 78) Natural Foods, Inc., orders "Grade A" oil from Olive Grove Farms to process and sell to Pic 'N Pay Grocers. Olive Grove ships "Grade B" oil, which Natural Foods accepts. To recover damages for the nonconformity, Natural Foods must give notice of the breach within a reasonable time to

1. Olive Grove only
2. Olive Grove, Pic 'N Pay, and the appropriate government agency
3. Pic 'N Pay only
4. the appropriate government agency only

Reveal answer 79) Joy invites Ken into her apartment. Ken commits trespass to land if he

1. enters the apartment with fraudulent intent
2. harms the apartment in any way
3. makes disparaging remarks about Joy to others
4. refuses to leave when Joy asks him to go

Reveal answer 80) Debit & Credit Accounting Services and Brickwork Construction Company negotiate a contract. Terms in the contract that are the subject of separate negotiation will be considered subordinate to

1. standardized terms
2. terms that can be understood only by lawyers and judges
3. terms that are not negotiated separately
4. none of the choices

Reveal answer 81) Odell owns Payroll Company, a bookkeeping service losing market share to Quik Work, Inc. Odell pays Remy $5,000 to steal a list of Quik's clients, to whom Odell will aggressively market Payroll's services. This deal is

1. enforceable
2. void
3. voidable at the option of either party
4. voidable at the option of the party having less bargaining power

Reveal answer 82) Trey, an agent for Uno Music Corporation, executes an unauthorized contract with Variety Recording, Inc., that is highly advantageous to Uno. Variety withdraws from the deal before Uno ratifies the contract. The contract is

1. valid
2. variable
3. void
4. voidable

Reveal answer 83) Equity Company and Faye enter into a contract for Faye to cater a meeting of Equity's shareholders. When Faye's schedule conflicts, she asks Gudren to serve Faye's coffee and pastries at the meeting. This transfer of duties is

1. a delegation
2. a novation
3. an assignment
4. prohibited by law

Reveal answer 84) Lem buys an MP3 player for $50 from Bill, a laptop for $750 from Frank, and signs a one-year employment contract for a $4,000 monthly salary to start at the end of the next month. The Statute of Frauds covers

1. the employment contract and the laptop purchase only
2. the employment contract only
3. the employment contract, and the laptop and MP3 purchases
4. the laptop and MP3 purchases only

Reveal answer 85) Thalia is an employee of Universal Insurance Company. Universal's employee manual states that workers will be dismissed only for good cause. With respect to the employment-at-will doctrine, this is

1. an example of the doctrine
2. an exception based on contract theory
3. an exception based on public policy
4. an exception based on tort theory

Reveal answer 86) Musica Production Company and Nora enter into a contract for Nora to write six songs for which Musica agrees to pay her. Nora transfers her right to payment under the contract to Omni Entertainment Agency. Nora is

1. a delegator
2. a payor
3. a righter
4. an assignor

Reveal answer 87) Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law embodying it can be enacted by

1. any state legislature and Congress
2. any state legislature but not Congress
3. Congress but not any state legislature
4. none of the choices

Reveal answer 88) Flem, a user of GameCenter.com's Web site, can download gaming software for free if he first clicks on "I accept" after viewing certain terms. This is

1. a contract that does not include the terms
2. a contract that includes the terms
3. not a contract but the terms are enforceable
4. unenforceable

Reveal answer 89) Dina's debit card, issued by Eminent Bank, is stolen and used without Dina's permission. Dina tells Eminent Bank within thirty days. Dina may be required to pay no more than

1. $5
2. $50
3. $500
4. $5,000

Reveal answer 90) RiteMade Machinery, Inc., designs, makes and sells a drill press. Steel Equipment Company copies the design without RiteMade's permission. Steel's conduct is actionable provided

1. RiteMade's design is patented
2. Steel's conduct is intentional
3. Steel's conduct reduces the value of RiteMade's design
4. consumers are confused

Reveal answer 91) Rural Development Corporation (RDC) and Smike enter into a contract for the clear-cutting of RDC's fifty-acre tract for which RDC agrees to pay Smike. Smike transfers his duty to log the tract under the contract to Timber Logging Company. Timber is

1. a delegatee
2. a prohibitee
3. an assignee
4. an obligee

Reveal answer 92) Kris transfers a note, on which Liu is the maker, to Mia, who takes it for value and in good faith. Mia knows that Kris breached the contract underlying the note, giving Liu a defense against payment. With respect to this note, Mia is

1. a knowledgeable holder in due course
2. an ordinary holder
3. an ordinary holder in due course
4. an ordinary note taker

Reveal answer 93) A court adjudicates Huck mentally incompetent and appoints Inez to be his guardian. Later, without Inez's knowledge, Huck signs a contract to sell his farm to Kyle for its real market value. The contract is

1. enforceable if Huck comprehended the consequences
2. enforceable if Huck knew the market value of the farm
3. enforceable if Huck was the record owner of the farm
4. void

Reveal answer 94) Intoxicated but fully aware of the consequences, Uri agrees to a two-year cell-phone service contract with Wander Talk, Inc., at more than the average market price. This contract is

1. enforceable
2. not enforceable because Uri was intoxicated when he agreed to it
3. not enforceable because contracting parties can change their minds
4. not enforceable because the contract clearly favors Wander Talk

Reveal answer 95) Posing as Platinum Bank, Oswald e-mails Nadia, asking her to update her personal banking information through a link in the e-mail. She clicks on the link and types in the data, which Oswald promptly sells to Moe. This is

1. employment fraud
2. not a crime
3. phishing
4. vishing

Reveal answer 96) The graphics use in "Go!", a handheld video game featuring racecars, are protected by

1. copyright law
2. patent law
3. trade secrets law
4. trademark law

Reveal answer 97) A contract between E-Debits, Inc., and First Credit Corporation includes a provision excluding liability as a result of fraud. This provision is

1. enforceable because the parties are protected from liability
2. enforceable because the parties consented to it
3. enforceable if the parties have equal bargaining power
4. not enforceable

Reveal answer 98) Elmo pays First National Bank $1,000 plus a service fee to draw a check on itself made payable to Go Delivery Service. This is

1. a cashier's check
2. a certified check
3. a trade acceptance
4. a traveler's check

Reveal answer 99) Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to presenttheir dispute to a third party who is not a judge but who renders a legally binding decision. This is

1. arbitration
2. litigation
3. mediation
4. negotiation

Reveal answer 100) Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S. bank account. Irwin forwards his account number, but the funds are never sent. Instead, Jean quickly withdraws the funds in Irwin's account. This is

1. an online "fool-me-once, shame on you" occurrence but not fraud
2. online fraud
3. online gambling but not fraud
4. online greed but not fraud

Reveal answer 101) Windshield Repair Shop (WRS) promises to pay Vincent $1,000 a week to work for WRS. Vincent accepts and quits his job with Ultra Glass. WRS fails to provide a job for Vincent. Vincent has a cause of action based on

1. a release
2. an illusory promise
3. past consideration
4. promissory estoppel

Reveal answer

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