Applied Business Law
Test Preparation
Course Introduction
Applied Business Law explores the legal frameworks and principles that govern commercial activities and transactions in the business world. This course provides students with a practical understanding of key topics such as contract law, agency, sales of goods, negotiable instruments, employment law, and the regulation of business entities. Through real-world case studies, legal scenarios, and practical applications, students will learn how to identify legal risks, interpret regulatory requirements, and make informed business decisions. The course emphasizes the importance of ethical conduct and compliance, preparing students to navigate the legal complexities of modern business environments effectively.
Recommended Textbook Business Law with UCC Applications 14th Edition by Paul A. Sukys
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34 Chapters
1721 Verified Questions
1721 Flashcards
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Chapter 1: Ethics, Social Responsibility, and the Law
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Sample Questions
Q1) Corporate social responsibility is based on the legal advantages granted to the corporation.
A)True
B)False
Answer: True
Q2) In the Classic Cases-Declaration of Independence, the text argues that Jefferson derived his four central truths of social contract from John Locke's famous book, Leviathan.
A)True
B)False Answer: False
Q3) All business entities are considered "legal persons" under federal and state statutes.
A)True
B)False
Answer: False
Q4) Utilitarianism focuses on the circumstances that an individual faces.
A)True
B)False Answer: False
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Chapter 2: Sources of the Law
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Sample Questions
Q1) A ____________ is a network of interacting conditions which ____________ one another, while at the same time ____________ change from agents outside and inside the system.
A) legal ecosystem; adjust to; reinforces B) complex adaptive system; reinforce; adjusts to C) legal ecosystem; reinforce; adjusting to D) complex adaptive system; adjusts to; reinforces
Answer: B
Q2) Pierce was arrested under a city ordinance that made distributing handbills on the city streets a crime. Pierce argued that the U.S. Constitution guaranteed his right to free speech under the First Amendment. The local prosecutor argued that the First Amendment to the U.S. Constitution did not apply to state laws. Was the prosecutor correct? Explain.
Answer: The prosecutor was wrong. Pierce's argument was correct in that the Fourteenth Amendment extends the protections of the Bill of Rights to state governments.
Q3) Persuasive precedent is a precedent that courts must follow.
A)True
B)False
Answer: False
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Page 4
Chapter 3: The Judicial Process and Cyber-Procedure
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Q1) State trial courts are known as limited jurisdiction courts.
A)True
B)False
Answer: False
Q2) Appellate courts use the clearly erroneous standard to determine whether a judge in the lower court has, in some way, misused his or her authority.
A)True
B)False
Answer: False
Q3) An equitable remedy may be available in all of the following cases except:
A) specific performance.
B) damages.
C) an injunction.
D) a restraining order.
Answer: B
Q4) A federal question can involve the U.S. Constitution, a federal statute, or a treaty.
A)True
B)False
Answer: True
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Chapter 4: Alternate Dispute Resolution
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Q1) Patricia Selan, a freelance photographer, entered a work-for-hire agreement with Dynamic Prints Ltd. During the negotiation stage, Selan asked that the contract include an ADR clause, which would make certain that the parties would submit all disputes to ADR. The clause stated that whenever a disagreement arose, the parties would first talk about the problem informally. If, after 14 days, no solution was reached, the claim would go to the American Arbitration Association, which would assist them in choosing an objective mediator who would help them choose an appropriate ADR plan. What benefits does this contract offer Selan?
Q2) Kin and Mai, through their lawyer, present an abbreviated version of their case to a jury in a single day, and obtain an advisory verdict. This is a summary jury trial. A)True B)False
Q3) An arbitration hearing can be planned and executed by the parties themselves. A)True B)False
Q4) A private civil trial follows the same rules used in an official trial. A)True B)False
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Page 6
Chapter 5: Criminal Law and Cybercrimes
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Q1) An individual cannot be convicted for a criminal act unless it is proved that he or she had an evil motive for committing the crime.
A)True
B)False
Q2) The American Law Institute's insanity test is also known as the irresistible impulse test.
A)True
B)False
Q3) Two friends are playing a paintball game on the sidewalk, when a paintball shot hits a passerby in the eye. This would be an example of acting with recklessness.
A)True
B)False
Q4) Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is known as:
A) cyber-extortion.
B) cyber-spoofing.
C) cyber-stalking.
D) cyber-fraud.
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Chapter 6: Tort Law and Cybertorts
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Sample Questions
Q1) The Daubert v. Merrell Dow Pharmaceuticals case involved a question of expert testimony and the causation of the plaintiff's injuries.
A)True
B)False
Q2) Oral truth is not a defense to a suit for libel.
A)True
B)False
Q3) Criminal law differs from tort law in that:
A) criminal law involves a public wrong.
B) tort law involves legal action by governmental authorities.
C) tort law protects the public.
D) criminal law compensates the injured party's loss.
Q4) A security guard employed by Aria Stores accused Brentley of shoplifting and left him handcuffed to a post by a cash register for 15 minutes until local police arrived. Brentley sued Aria Stores for false imprisonment and a jury awarded Brentley $1,000 in compensatory damages and $1,000,000 in punitive damages. Does Aria Stores have a legal basis for appealing the damage award?
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Chapter 7: The Essentials of Contract Law
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Q1) Mark was speeding on the highway when he and John had a car accident and suffered serious head injuries. As a result, John's memory was affected, and he could not remember any of the incidents on the day of the crash, including the fact that Mark's rash driving caused the car crash. At the hospital, Mark, who suffered minor injuries, convinces John that the crash was no one's fault and just bad luck. John is empathetic and signs a contract with Mark stating that neither party would sue the other for damages. However, Lily, who was with John in the car and was also injured, knows that Mark was responsible and challenges the contract in court, in addition to filing a lawsuit against Mark. Analyze the case.
Q2) Gregory sells his land to Tim. Under the Statute of Frauds, Gregory and Tim must enter a written contract to be enforceable in the court of law.
A)True
B)False
Q3) Ruben promises to pay Talana $200 if she steals Jessica's business law textbook. Talana steals the business law book, but Ruben, who now feels guilty for his act, refuses to pay Talana and asks her to return the book. Discuss ways in which Reuben has breached the contract.
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Page 9
Chapter 8: Offer, Acceptance, and Mutual Assent
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Sample Questions
Q1) Mercedes receives a box of unordered office supplies in the mail. What is her legal obligation?
A) She must return it.
B) She must report this to the local postal inspector.
C) She must pay for it.
D) She may consider it a gift.
Q2) When forming online contracts, ____________ is a cyber-technique that preserves electronic data of offer and acceptance without using local hard drives and flash drives.
A) social media
B) encryption
C) cloud computing
D) E-SIGN
Q3) Omar offers to sell a motorcycle to Adanne for $10,000. Adanne replies, "I will pay $10,000 if you overhaul the engine." Adanne's reply conforms to the mirror image rule's requirements.
A)True
B)False
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Chapter 9: Consideration and Cyber-Payments
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Q1) The amendments to the Identity Theft and Assumption Deterrence Act added a new crime to the original statute, called aggravated identity theft.
A)True
B)False
Q2) In terms of disputed amounts, satisfaction is the:
A) legal term used to describe the sacrifice that each contracting party must experience.
B) implied acceptance of less than what has been billed to the debtor.
C) performance of the accord.
D) express acceptance of less than what has been billed to the defaulter.
Q3) Under the UCC, a signed, written offer made by a merchant that allows acceptance at any time within a 90-day time period is not binding unless the offeree provides consideration.
A)True
B)False
Q4) When a contract is unconscionable, it is said to shock the court's conscience.
A)True
B)False
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11
Chapter 10: Capacity and Legality: The Final Elements
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Q1) Which of the following is true about the legality of an agreement?
A) An agreement is not divisible if the legal part of a contract can be removed from the illegal part without changing the nature of the contract.
B) The court will not enforce any agreement or contract that is either fully or partially illegal.
C) An agreement can sometimes be partly legal and partly illegal.
D) A court has to enforce both the illegal and the legal parts of the contract.
Q2) Rodney parks his car at Car Stack Parking Lot, Inc. On the back of the parking stub provided to Rodney, there is a statement typed in large letters: "NOT RESPONSIBLE FOR DAMAGE TO CARS." When Rodney returns, his car has been dented by the Car Stack attendant who was attempting to park more cars on the lot. According to law, the statement on the stub is an exculpatory agreement that is:
A) enforceable against Rodney regardless of circumstances.
B) enforceable against Rodney only if he had the opportunity to park elsewhere.
C) not enforceable against Rodney because he instructed the attendant to be careful around his car.
D) not enforceable against Rodney because it is contrary to public policy.
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Chapter 11: Written Contracts and Cyber-Commerce
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Q1) The equal dignities rule provides that when a party appoints an agent to negotiate an agreement that must be in writing, the appointment of the agent must also be in writing.
A)True
B)False
Q2) An exception to the _____________ rule states that if a written agreement depends on some event before it becomes enforceable, __________________ evidence may be offered regarding that _____________________
A) Parol evidence, written, condition precedent.
B) Standard construction, written, condition precedent.
C) Best Evidence, oral, condition precedent.
D) Parol evidence, oral, condition precedent.
Q3) Kay, who is quite elderly, uses a star (*) as her signature. In a written contract Kay's name is written, but on the signature line for Kay's name only the * that Kay made appears. Discuss whether or not the * binds Kay to the contract.
Q4) Jennifer orally contracts to purchase a television for $450. This contract is legally unenforceable.
A)True
B)False
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Chapter 12: Third Parties, Discharge, and Remedies
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Q1) Joe pays for his food at the drive-thru window as he receives it. The payment and the receipt of the food are ____________ conditions.
A) precedent
B) concurrent
C) subsequent
D) spontaneous
Q2) If Ann is named as a donee beneficiary on Carl's life insurance policy, Ann can sue the insurance company if it fails to pay her when Carl dies.
A)True
B)False
Q3) Martin entered into a written contract to sell Anna his football card collection for $10,000, payable in five installments. Martin then orally told Cathy that she could collect the proceeds of his sale. Discuss Cathy's legal rights.
Q4) An anticipatory breach occurs when a party to a contract expresses or clearly implies an intention not to perform to contract, even before being required to act.
A)True
B)False
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14
Chapter 13: Sales Contracts: Formation, Title, and Risk of Loss
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Sample Questions
Q1) A document of title allows the person who possesses it to:
A) receive the goods named in the document.
B) conclusively prove ownership of the goods named in the document.
C) receive the goods named in the document free of any creditor claims.
D) conclusively prove that the goods are free of defects.
Q2) Massive Equipment Company sends machinery on approval to Mountain Moving Company. While in possession of the machinery, but prior to acceptance, Mountain becomes insolvent. The machinery is subject to the claims of Mountain's creditors.
A)True
B)False
Q3) A(n) ____________ includes any symbol, made with the intent to authenticate a writing.
A) seal
B) informal note
C) mark
D) signature
Q4) Warren left his watch to be cleaned at a jewelry store. By mistake, a clerk sold the watch to Foley. Foley did not know that the watch rightfully belonged to Warren. Analyze the case.
Page 15
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Chapter 14: Sales Contracts Rights, Duties, Breach, and Warranties
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Q1) The statute of limitations for breach of a sales contract is two years.
A)True
B)False
Q2) ____________ damages are reasonable expenses that indirectly result from the breach, such as expenses incurred in stopping delivery of goods, transporting goods, and caring for goods after the buyer's breach.
A) Compensatory
B) Resale
C) Punitive
D) Incidental
Q3) To be legally enforceable, an express warranty must be in writing.
A)True
B)False
Q4) If a seller offers to cure an improper delivery of goods, he or she must always do so before the contractual time for performance expires.
A)True
B)False
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Chapter 15: Product Liability and Consumer Protection
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Sample Questions
Q1) Under the doctrine of strict liability, when a product is obviously dangerous, a manufacturer has no duty to warn consumers of potential injuries.
A)True
B)False
Q2) After receiving her credit card bill, Claire feels that the credit card company has made a mistake. Several transactions are not hers. The law that has established procedures for the prompt handling of such billing disputes is known as the:
A) Fair Credit Reporting Act.
B) Fair Credit Billing Act.
C) Fair Debt Collection Practices Act.
D) Truth in Billing Act.
Q3) Joslin orders merchandise by phone from Marginal Enterprises with no stated delivery date. When she does not receive it after a month, she contacts Marginal who indicates that due to a strike at their production plant, delivery that normally takes one month will take two months. Discuss Joslin's legal options.
Q4) A plaintiff in a strict liability case may not recover punitive damages.
A)True
B)False
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Chapter 16: The Nature of Negotiable Instruments
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Q1) Mark gives a $3,000 check drawn on Access Bank to Acme Industries who mislays the check for three weeks. When Acme finds the check, they request that Access Bank certify the check. Access declines to do so, and Acme tells Mark that the check has been dishonored. Mark contacts Access who agrees to certify the check. Access subsequently wants to withdraw their certification, since Mark has insufficient funds in his account. Discuss the legal issues contained in their situation.
Q2) Ashe indorses an order instrument in the following manner: "Pay to Big Bank, for deposit only, Ashe." Discuss the types of indorsements and the legal implications the instrument represents.
Q3) To accept a draft, the drawee:
A) need only sign the draft across the face of the instrument.
B) needs to write "accepted" on a separate piece of paper.
C) need only sign on a separate piece of paper affixed to the draft.
D) needs to write "accepted" behind the instrument and sign the bank's record.
Q4) Big Bank pays a check made by Franklin, payable to Ellen to a forger who signed Ellen's name. Big Bank is not liable to Franklin.
A)True
B)False
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Page 18
Chapter 17: Holders in Due Course Defenses and Liabilities
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Q1) Charles writes a check payable to Jane on his account at Friendly Bank. Friendly accepts the check, but subsequently determines that there are insufficient funds in Charles' account to pay the check. Explain what liability Charles has.
Q2) Dishonor means:
A) fraud in the payment method.
B) deception in the amount of payment.
C) refusal to pay a negotiable instrument.
D) an extension of payment.
Q3) Indorsers are obligated to make the payment only when the:
A) instrument has not been properly presented to the drawee or party obliged to pay the instrument.
B) instrument is not dishonored.
C) notice of dishonor is not given to the secondary party within the time and manner mentioned.
D) instrument has been properly presented to the drawee or party obliged to pay the instrument, and payment must be demanded.
Q4) A check is overdue ninety days after its date.
A)True
B)False
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Chapter 18: Bank-Depositor Relationships and Cyber-Banking
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Q1) How does a bank verify the signature of its customers?
A) By the substitute check held by the bank for reference purposes
B) By the signature card filled in by the customer when the account is opened
C) By the signature provided in documents such as passports, ID cards, etc.
D) By the pin number provided by the bank with the ATM card
Q2) Which of the following is true of the relationship between the drawee bank and its customer?
A) The drawee bank becomes a creditor and the customer becomes a debtor at the time of opening a checking account.
B) The drawee bank becomes an insurer and the customer the insured at the time of opening a checking account.
C) The drawee bank becomes the customer's debtor at the time of opening a checking account and agent while collecting checks.
D) The drawee bank becomes a debtor to the customer when the bank pays more than the customer has on deposit.
Q3) Jill's account with Small Bank is improperly charged with a $3,000 substitute check that was actually Bob's check drawn on Small Bank. Discuss Jill's legal rights and what she must do to rectify this situation.
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Chapter 19: Insurance
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Q1) An insurance policy is an unconditional promise to pay money a claim.
A)True
B)False
Q2) Peter lost control of his car and drove it though his neighbor Clyde's fence. If Clyde were to bring a claim against Peter for the damage to the fence, what type of insurance would Peter need to cover the damage?
A) Homeowner's insurance
B) Property damage liability insurance
C) Collision insurance
D) No-fault insurance
Q3) Taft takes out an insurance policy on his wife, Kathryn, when he learns that she is to be stationed in another country that is at war. She gets killed while on duty in the war zone. Can Taft collect on the life insurance policy? Explain.
Q4) If an insured person becomes disabled, he or she will be excused from paying premiums if he or she has purchased a waiver of premium option.
A)True
B)False
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21
Chapter 20: Mortgages and Security Interests
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Q1) Holly bought a house for $200,000. She put down $40,000 in cash, and took out a $160,000 loan from the Midland Bank to cover the rest of the cost. However, Holly found that she could not make her mortgage payments. Midland Bank foreclosed on the mortgage, sold the house for $150,000, and told Holly that she was liable for the $10,000 difference between what she paid for it and what the bank sold it for. Did Midland act within its rights? Explain.
Q2) Fred Farmer, the mortgagor, is entitled to a jury trial when Big Bank attempts foreclosure on his farm.
A)True
B)False
Q3) Carol borrows $50,000 to purchase seven industrial Xerox copying machines, and open up her own copy shop. The bank loan requires that Carol grant the bank a security interest in any property acquired after the original agreement is signed. After she shows the loan letter to Xerox, it agrees to sell her the copiers for $80,000 to be paid over five years. Who has priority in the copying machines?
A) The bank, if it filed and perfected its interest first
B) The bank because of the "floating lien" loan agreement
C) Xerox, if it filed the loan agreement before the bank did
D) Xerox, because this is a purchase money security interest
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Page 22
Chapter 21: Bankruptcy and Debt Adjustment
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Q1) Under Chapter 13 of the Bankruptcy Code a debtor must begin payments within a period of ____________ from submission.
A) three days
B) thirteen days
C) thirty days
D) thirty-three days
Q2) Under the Bankruptcy Code, states are allowed to use exemptions created by the state legislature, rather than the federal exemptions.
A)True
B)False
Q3) Sear Enterprises wants to continue in business, but needs some relief from creditors' claims. Sear Enterprises should consider filing under Chapter ____________ of the Bankruptcy Code.
A) 7
B) 11
C) 12
D) 13
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Page 23
Chapter 22: Agency Law
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Q1) When the purpose for which the agency was created is fulfilled, the agency is automatically terminated.
A)True
B)False
Q2) Smith, an agent, buys and sells used computer equipment on behalf of New Life Technologies, Inc. In the absence of an agreement, which of the following tasks may Smith delegate to Elizabeth?
A) The authority to buy and sell used computer equipment.
B) Keeping a record of transactions Smith undertakes on behalf of New Life.
C) The authority to estimate the fair market value of used computer equipment.
D) The authority to fix the selling price of used computer equipment.
Q3) Corazon employs Josefina, a
A) Yes, Corazon is relying on Josefina's skill and integrity.
B) No, Lillian is a member of Josefina's office.
C) Yes, Corazon must approve in writing any delegation of authority.
D)P.A., to represent her in tax liability negotiations with the IRS. Josefina is busy with other clients and delegates the negotiation to Lillian, a non-C.P.A. member of her office. Has Corazon impliedly agreed to this delegation?
E) No, delegations within offices happen regularly.
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Page 24
Chapter 23: Employment Law
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Q1) The CEO of Earth Enterprises hires Jason, promising him "long-term employment." A few weeks later Earth Enterprises files for bankruptcy and terminates Jason's employment. Jason may sue for wrongful discharge.
A)True
B)False
Q2) If Big Co. wrongfully discharges Max, but later discovers that Max has been stealing petty cash, Big Co. can use this as an after-acquired evidence defense.
A)True
B)False
Q3) To be an effective attempt to preserve employment-at-will, a ____________ also must be written in clear, unequivocal language.
A) quasi-contract
B) disclaimer
C) relinquishment
D) waiver
Q4) The arguments of promissory estoppel and implied contract are one and the same.
A)True
B)False
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Page 25
Chapter 24: Labor Law
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Q1) Mina does not like the way the Adams Co. Production Union, which represents employees at her Adams Co. plant, is representing her interests and wants to privately negotiate her own contract with Adams Co. Which of the following statements is most likely true?
A) Mina has the right to negotiate her own terms of employment.
B) Production Union represents Mina; hence, she cannot negotiate her own contract.
C) Production Union only represents the workers who want to be represented.
D) Mina must have NLRB approval to negotiate her own contract.
Q2) Brigg Co. asked its employees to refrain from joining the Moderate Union. It promised an out-of-turn promotion for all employees who would refrain from joining the union. Big Co. has committed no legal offense by this act.
A)True
B)False
Q3) Xavier owned and operated the Xavier Paper Products Corporation. Xavier discovered that one of his employees planned to hold a meeting in order to discuss the possibility of forming a union. Xavier placed a notice on the bulletin board in each store warning employees that any employee who joined a union would be subject to immediate dismissal. Did such a notice violate federal law? Explain.
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Chapter 25: Sole Proprietorships and Partnerships
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Q1) A partner's ____________ is her share of the ___________ plus any ____________, which is any remaining funds after dissolution.
A) vested property right; profits; surplus
B) economic interest; profits and losses; surplus
C) property; surplus; losses
D) economic interest; surplus; vested property rights
Q2) RUPA considers a partnership to be an entity in relation to liability.
A)True
B)False
Q3) Which of the following is an advantage of a sole proprietorship?
A) The owner of a sole proprietorship has no liability.
B) The owner of a sole proprietorship has complete control over the business.
C) The sole proprietorship's existence does not depend entirely upon the sole proprietor.
D) Owners of sole proprietorships can raise a lot of cash quickly for expansion purposes.
Q4) In a sole proprietorship, the owner may keep all the profits.
A)True B)False
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Chapter 26: The Corporate Entity
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Q1) ____________ refer(s) to the written application to the state for permission to form a limited liability company.
A) Novation
B) Estoppel
C) Operating agreement
D) Articles of organization
Q2) A(n) ____________ is a corporation where the outstanding shares of stock and managerial control are held by fewer than ____________ shareholders.
A) S corporation; 25
B) close corporation; 50
C) alien corporation; 50
D) shell corporation; 100
Q3) The shareholders of an S corporation have the profits or losses of the corporation taxed directly to them in order to avoid double taxation.
A)True
B)False
Q4) The Twelfth Amendment grants due process rights to corporations.
A)True
B)False
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Chapter 27: Corporate Governance
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Q1) Jacy wants to submit a shareholder proposal and should submit the proposal to management at least 120 days before the shareholders' meeting.
A)True
B)False
Q2) A pooling agreement means that shareholders join together in a permanent arrangement and agree to vote the same way on a particular issue.
A)True
B)False
Q3) Chris, Miller, and Kacy created a limited liability company by filing the articles of organization, appointing a statutory agent, and paying the appropriate filing fee. They also agreed to run the LLC themselves, making it a member-managed LLC. Chris entered an agreement whereby he purchased 1,000 barrels of oil. Neither Miller nor Kacy believe that Chris paid a good price for the oil. Nevertheless, Chris argues that the LLC is bound by the contract he entered. Is Chris correct? Explain.
Q4) Shareholders of Mitas Corp. are concerned that the directors are not performing their tasks properly for the benefit of the corporation. Discuss what must be done by the shareholders before bringing a derivative suit.
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Chapter 28: Government Regulation of Corporate Business
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Q1) A ____________ means the exclusive control of a market by a business enterprise.
A) monopoly
B) common enterprise
C) trust
D) confederation
Q2) A ____________ might be used by target management if the target owns an irreplaceable piece of property, the sale of which would seriously devalue the overall worth of the target.
A) greenmail option
B) lockup agreement
C) public relations campaign
D) targeted shareholder agreement
Q3) ____________ occurs when a targeted corporation makes a deal with the suitor to protect management of the target.
A) Greenmail
B) A lockup agreement
C) A public relations campaign
D) A targeted shareholder agreement
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Page 30
Chapter 29: Personal Property and Bailments
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Q1) Cindy and Isa own property as joint tenants. If Cindy dies, Isa acquires ownership of Cindy's interest in the property.
A)True
B)False
Q2) Alexander Warehouse Co. stores boxes of china for Crystal Import Co., but stacks the boxes too high so that lower boxes collapse and break the china contents. Alexander asserts that this is Crystal's responsibility for not having stronger boxes, and Crystal asserts that Alexander improperly stacked the boxes. Discuss what party is responsible for the damage.
Q3) Sue receives a $5,000 engagement ring from Tau, but unfortunately Tau dies before the marriage can occur. Tau's parents, as his heirs, want the engagement ring, but Sue wants to keep it. In most states, ____________ is/are entitled to the ring because
A) Tau's parents; the ring was a conditional gift
B) Sue; Tau (the donor) is dead
C) Tau's parents; Tau did not state that Sue was to have the ring if he were to die
D) Sue; the engagement was not broken by mutual agreement or by Sue
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Page 31
Chapter 30: Real Property and Landlord and Tenant Law
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Q1) Some states authorize landlords to use force to evict tenants.
A)True
B)False
Q2) On a snowy day in early January, Jeremy is visiting his friend Manny at Manny's apartment at the Snooty Fox. While walking up the exterior wooden steps to get to Manny's third floor apartment, one of the steps-which is rotten-breaks. Jeremy falls through to the ground and is severely injured. What result?
A) The Snooty Fox is liable based on ejectment in a common area.
B) The Snooty Fox is not liable based on unlawful detainer.
C) The Snooty Fox is not liable because of the weather conditions.
D) The Snooty Fox is liable based on defect in a common area.
Q3) In the event of a wrongful eviction, the tenant is not justified in abandoning the premises without paying rent.
A)True
B)False
Q4) The landlord will be held responsible for any injury caused to others due to a defect in public areas, such as hallways and stairways.
A)True
B)False
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Chapter 31: Wills, Trusts, and Advanced Directives
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Q1) In states that have not adopted the Uniform Probate Code, the person named in a will to carry out the terms in it is called a(n):
A) administrator or administratrix.
B) executor or executrix.
C) settler.
D) testator or testatrix.
Q2) Ruby's husband Caleb dies with title to the family home in his name. Caleb's creditors want to force the sale of the home to satisfy the unpaid debts. May Ruby prevent this sale?
A) Not if the debts are legitimate.
B) Yes, based on the homestead exemption.
C) No, if the amount of debts exceeds the fair market value of the home.
D) Yes, with the forced share.
Q3) Mack, the father of two children, dies intestate. Under a typical statute, the rights of his wife would include entitlement to:
A) one-half of the estate.
B) the entire estate.
C) one-half of the remainder of the estate plus $200,000.
D) no part of the estate.
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Page 33
Chapter 32: Professional Liability
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Q1) Sally is angry with George, her attorney, and wants to sue him for malpractice. Discuss what Sally must prove to win her case.
Q2) Eva, a Mercy Hospital patient, received medication intended for another patient and, as a result, suffered severe complications. In a malpractice case against Mercy, regarding the administering of the wrong medication to Eva, most likely expert testimony:
A) will be required.
B) will be required only if it happened once.
C) will not be required only if the other patient was in a different area of the hospital.
D) will not be required.
Q3) Certified public accountants (CPAs) and non-CPA partners are not under the authority of the Consumer Financial Protection Bureau as long as they are performing routine and traditional tasks.
A)True
B)False
Q4) Small Hospital uses independent physicians and allows them to wear a Small identification tag and issue orders to Small employees. Discuss the risk Small hospital is taking.
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Page 34
Chapter 33: The Intersection of Law and Science
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Q1) Police power is the state's authority to promote public health, safety, welfare, and morals.
A)True B)False
Q2) The World Intellectual Property Organization Copyright Treaty:
A) gives copyright holders the right to copy, publish, and distribute their works in any way, including by making video copies, audio copies, and encrypted copies.
B) makes it illegal to use technological means to bypass or override programs designed to prevent access to a copyrighted work.
C) guarantees that copyright holders will be allowed to use the Internet to post their works with full copyright protection.
D) grants limited immunity to persons who duplicate copyrighted works on the Internet, as long as those users do not profit from the copying process.
Q3) The general welfare clause has been used over the last two centuries to give Congress the power to create a national police force and the FBI.
A)True B)False
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35
Chapter 34: International Law
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Q1) The just war theory's criterion of ____________ states that war can be initiated only by legitimately recognized nation-states.
A) proportionality
B) just cause
C) right intention
D) competent authority
Q2) CISG could apply to a contract between Melinda, a U.S. consumer, and Big Co., a German company.
A)True
B)False
Q3) A United Nations agency has requested an advisory opinion from the International Court of Justice concerning the applicability of the Geneva Conventions to a rebellion within an African nation. No party to the actual conflict has made a request to the United Nations or the International Court of Justice. Discuss the right of the International Court of Justice to issue the advisory opinion.
Q4) The World Bank works exclusively with the poorest nations in the international community.
A)True
B)False
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