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Business and Commercial Law Exam Practice Tests - 4337 Verified Questions

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Business and Commercial Law Exam Practice Tests

Course Introduction

Business and Commercial Law provides an introduction to the legal principles and frameworks that govern commercial transactions and business organizations. The course covers foundational topics such as contracts, agency, sales of goods, negotiable instruments, and the formation, operation, and regulation of different business entities including partnerships, corporations, and limited liability companies. Students will examine legal issues related to employment, bankruptcy, and antitrust law, and gain an understanding of dispute resolution methods within a business context. The course is designed to equip students with the knowledge necessary to identify legal risks, make informed business decisions, and ensure compliance with relevant laws and regulations.

Recommended Textbook Business Law and the Regulation of Business 10th Edition by Richard A. Mann

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51 Chapters

4337 Verified Questions

4337 Flashcards

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Chapter 1: Introduction to Law

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Sample Questions

Q1) The common law system is used in:

A)Australia.

B)Latin America.

C)England.

D)(a) and (c) above.

Answer: D

Q2) The common law system of law uses the inquisitorial system of determining disputes.

A)True

B)False

Answer: False

Q3) An example of private law is:

A)business law.

B)administrative law.

C)criminal law.

D)All of the above.

Answer: A

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Chapter 2: Business Ethics

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Sample Questions

Q1) Social egalitarians believe:

A)the ends justifies the means.

B)society should provide each person with equal amounts of goods and services regardless of the contribution each makes to increase society's wealth.

C)society should divide wealth based on each person's contribution.

D)that if persons wish to act morally, they should emulate those in the society who always seem to do the right thing.

Answer: B

Q2) Under a Kantian approach to ethics, a person should not lie to colleagues unless that person supports the right of all colleagues to lie to one another.

A)True

B)False

Answer: True

Q3) An ethical relativist looks to a central authority, such as the Bible, to guide her in ethical decision making.

A)True

B)False

Answer: False

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Chapter 3: Civil Dispute Resolution

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Sample Questions

Q1) Venue is the same as jurisdiction.

A)True

B)False

Answer: False

Q2) The U.S.District Court is the trial-level court in the federal court system.

A)True

B)False

Answer: True

Q3) The U.S.Supreme Court is rigidly bound by its own decisions under the doctrine of stare decisis.

A)True

B)False

Answer: False

Q4) Generally, State A may exercise "long-arm" jurisdiction over a defendant located in State B if the defendant:

A)once resided in State A.

B)uses a product produced in State A.

C)made a contract in State A.

D)has relatives in State A.

Answer: C

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Chapter 4: Constitutional Law

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Sample Questions

Q1) The U.S.Constitution vests power in the branches of government that form a "checks and balances" system.Those branches of government include:

A)executive.

B)legislative

C)judicial.

D)All of the above.

Q2) Under the Equal Protection Clause, all governmental action that treats two classes of citizens differently will be invalid.

A)True

B)False

Q3) Judicial review extends to:

A)legislation.

B)acts of the executive branch.

C)decisions of inferior courts.

D)All of the above.

Q4) The federal government's power to tax has no limitations.

A)True

B)False

Q5) Identify the purpose of the U.S.Constitution as stated in its preamble.

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Chapter 5: Administrative Law

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Sample Questions

Q1) In reviewing an agency action, which of the following are included in the questions of law a court will consider?

A)Whether the agency violated any constitutional provision.

B)Whether the agency acted contrary to the procedural requirements of the law.

C)Whether the agency exceeded its authority.

D)All of the above.

Q2) Congress has enacted disclosure statutes to enhance public and political oversight of agency activities.These statutes include:

A)Freedom of Information Act.

B)Government in the Sunshine Act.

C)Both (a) and (b) are correct.

D)Neither (a) nor (b).

Q3) Rulemaking powers of federal agencies are primarily governed by the: A)SEC.

B)APA.

C)FCC.

D)NHTSA.

Q4) The SEC would like to adopt some new rules to protect investors.What factors should it consider as part of the administrative process?

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Chapter 6: Criminal Law

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Q1) In the People v.Farell case, the court looked first to the words of the statute itself to determine legislative intent and determined that the theft statute applied to trade secrets as well as money.

A)True

B)False

Q2) The Sarbanes-Oxley Act has all but which of the following provisions?

A)Creating a five-person Accounting Oversight Board with authority to review and discipline auditors.

B)Creating severe civil and criminal penalties for enterprises that engage in the commission of two or more predicate acts within a period of ten years.

C)Increasing the penalties for existing federal crimes and creating new criminal offenses.

D)Adding new financial disclosure requirements.

Q3) Losses due to computer crimes are estimated to be:

A)in the millions of dollars.

B)in the tens of billions of dollars.

C)in the trillions of dollars.

D)decreasing because of stricter security measures now in place.

Q4) What six elements must be present for the crime of larceny to exist?

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Chapter 7: Intentional Torts

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Sample Questions

Q1) In an article about a prominent judge, a newspaper indicates that the judge had organized crime connections.The judge sues.The judge will have a cause of action:

A)if the suit is for defamation and the newspaper responsibly checked its sources.

B)if the suit is a suit for intrusion.

C)whether or not the newspaper checked its sources as long as the information printed is ultimately found to be untrue.

D)if the statement, which was untrue, was made with malice.

Q2) Qualified privilege depends on proper use of the privilege.

A)True

B)False

Q3) Punitive damages is a term referring to damages that will merely compensate victims for the harm they have suffered, but will cost defendants more money than they have.

A)True

B)False

Q4) A defamatory communication that is spoken or oral is designated as libel.

A)True

B)False

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Chapter 8: Negligence and Strict Liability

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Sample Questions

Q1) civil law

Q2) A possessor of land must warn licensees of dangerous conditions of which the possessor has knowledge and the licensees do not and are not likely to discover.

A)True

B)False

Q3) nuisance

Q4) stare decisis

Q5) All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.

A)True

B)False

Q6) A person who negligently places another person in imminent danger is not liable for injury sustained by a third-party rescuer.

A)True

B)False

Q7) Supremacy Clause

Q8) burglary

Q9) in personam jurisdiction

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Chapter 9: Introduction to Contracts

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Sample Questions

Q1) Which of the following contracts is covered by Article 2 of the Uniform Commercial Code?

A)The sale of a house.

B)The sale of a new car.

C)An employment agreement.

D)A sale of automobile insurance.

Q2) A contract is a binding agreement that the courts will enforce.

A)True

B)False

Q3) Anna by mistake delivers to Bob a plain, unaddressed envelope containing $50 intended for Cora.Bob:

A)can keep the money.

B)is under a contractual obligation to return the money.

C)has a quasi-contractual obligation to return the money.

D)has an implied in fact obligation to return the money.

Q4) Remedies for breach of contract include all but which of the following?

A)Compensatory damages.

B)Punitive damages.

C)Restitution.

D)Equitable remedies.

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Chapter 10: Mutual Assent

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Sample Questions

Q1) If an offer states that a reply must be received by a certain date, receipt is presumed in those situations when acceptance is mailed.

A)True

B)False

Q2) An acceptance is generally effective upon dispatch.

A)True

B)False

Q3) On Tuesday morning John sends a letter to Arlene rejecting her offer, but later the same day John changes his mind and sends a letter of acceptance to Arlene.The letter of acceptance will be effective only if it is received by Arlene before she receives the rejection.

A)True

B)False

Q4) To be effective, an offer must:

A)be sufficiently definite and certain.

B)be communicated to the offeree.

C)manifest an intent to enter into a contract.

D)All of the above.

E)None of the above.

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Chapter 11: Conduct Invalidating Assent

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Sample Questions

Q1) When both parties are mistaken as to the same set of facts, it is termed:

A)negligent misrepresentation.

B)unilateral mistake.

C)subjective concealment.

D)mutual mistake.

Q2) Predictions, opinions, and promissory statements ordinarily do not constitute bases of fraud.

A)True

B)False

Q3) An act that is contrary to public policy or is morally reprehensible may constitute duress.

A)True

B)False

Q4) Which of the following is NOT an element of fraud?

A)Material misrepresentation.

B)Competent parties.

C)Knowledge of falsity.

D)Justifiable reliance.

Q5) What elements need to be proved to establish each type of fraud?

Q6) Define and discuss the concept of materiality in relation to misrepresentation

Page 13

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Chapter 12: Consideration

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Sample Questions

Q1) Breton owes Parkerson $750, which is due on June 1.Discuss the sufficiency of consideration if Breton offers Parkerson: (a) $600 in full settlement on June 1 if the debt is undisputed; (b) $600 in full settlement on April 10 if the debt is undisputed; and (c) $500 on June 1 to settle the debt if the amount of the debt is validly disputed.

Q2) Mary agrees to sew Georgia's prom dress for $50 plus costs.Georgia decides that she wants ruffles around the neck and calls Mary who says it will now cost $60.When Mary finishes the dress (with ruffles), Georgia must pay:

A)$50, since that is the original agreement.

B)$50, since a modification must be in writing.

C)$60, since the modified agreement is supported by additional consideration.

D)$60, since any subsequent agreement is enforceable.

Q3) An illusory promise has the form of a promise but imposes no real obligation.

A)True

B)False

Q4) In most, if not all, cases where there is a legal detriment to the promisee, there is also a legal benefit to the promisor.

A)True

B)False

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Chapter 13: Illegal Bargains

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Sample Questions

Q1) What is the legal effect of an agreement that is criminal, tortious, or otherwise contrary to public policy, and why does it have that effect?

Q2) Specific lender usury statutes rather than the general usury statute generally apply to real estate mortgages and small consumer loans.

A)True

B)False

Q3) Bargains are illegal if they violate a crime or tort but not if they are merely against public policy.

A)True

B)False

Q4) The sole nursing home in the county offers a long-term care agreement.The contract is prepared on a standard form and offers terms on a take-it-or-leave-it basis.Such a contract is called:

A)exculpatory.

B)a usurious contract.

C)an illegal restraint of trade.

D)an adhesion contract.

Q5) Distinguish between procedural and substantive unconscionability.

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Chapter 14: Contractual Capacity

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Sample Questions

Q1) Robert Briscoe is 17 years old.He lies to Bouyers Auto in order to induce them to sell him a new pickup truck.Bouyers falls for this lie and sells him the pickup.Under the prevailing view, which of the following is correct?

A)Robert may disaffirm and get his money back.

B)Robert may not disaffirm since he lied.

C)Robert may only receive a portion of his money.

D)Robert will receive his money less depreciation.

Q2) Joanne, a minor, sold her laptop computer to Bruce, an adult.Bruce then sold the laptop to Anna, also an adult, who had no knowledge of the fact that the original owner was a minor.Under the Uniform Commercial Code, Joanne may:

A)avoid her contract with Bruce and recover her laptop.

B)not avoid her contract with Bruce and may not recover her laptop.

C)register with the UCC filing department and require that if Anna sells the laptop she must give Joanne the rights of first refusal.

D)None of the above.

Q3) Emancipated minors have no ability to avoid contracts based upon their minority.

A)True

B)False

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Chapter 15: Contracts in Writing

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Sample Questions

Q1) Abco Corp.is building a new office tower.Ace Plumbing Supplies refuses to provide plumbing materials on credit to the plumbing subcontractor on the building.Abco promises Ace that it will pay for the materials if the subcontractor does not.Abco's promise is unenforceable unless in writing.

A)True

B)False

Q2) Which of the following is a collateral promise?

A)A mother tells a merchant to extend $1,000 worth of credit to her son and says, "If he doesn't pay, I will."

B)Andrew promises Donald that if Donald cannot pay his bills, Andrew will.

C)A father tells a merchant to deliver a computer to his daughter and says, "Send me the bill.I'll pay for it."

D)All of the above are collateral promises.

Q3) The possibility test is what the courts use to determine whether a contract can be performed within a year.

A)True

B)False

Q4) Under the Restatement and the Code, when can supplemental evidence be used with a written contract?

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Chapter 16: Third Parties to Contracts

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Sample Questions

Q1) UCC Article 2 provides that, unless circumstances indicate otherwise, a contract term prohibiting "assignment of the contract" bars both the assignment of rights and the delegation of duties.

A)True

B)False

Q2) A contract in which a party promises to render a certain performance not to the other party but to a third person is called a third-party beneficiary contract.

A)True

B)False

Q3) Contract rights are generally assignable.

A)True

B)False

Q4) A party delegating his duty to a third party is known as a delegator.

A)True

B)False

Q5) The Code prohibits waiver of defense clauses against assignees in contracts for the sale of goods.

A)True

B)False

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Chapter 17: Performance, Breach, and Discharge

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Sample Questions

Q1) Implied-in-fact conditions must fully and literally occur, and they are understood by the parties to be part of the agreement.

A)True

B)False

Q2) After the coronation of Edward VII was postponed and parties who had entered into contracts in anticipation of the event filed numerous suits, the doctrine of frustration of purpose evolved.

A)True

B)False

Q3) If the performance of a contract that was legal when formed becomes illegal because of a subsequently enacted law, the duty of performance is discharged.

A)True

B)False

Q4) Discharge by performance is the most frequent method of discharging a contractual duty.

A)True

B)False

Q5) Discuss the contractual conditions of performance to the satisfaction of someone.

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Page 19

Chapter 18: Contract Remedies

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Sample Questions

Q1) injunction

Q2) Miller made a contract to sell his condominium to Jefferson for $80,000.Two days later Miller changes his mind after discovering that he could have sold the property to another buyer for an additional $20,000.Jefferson sues and asks the court to have the property conveyed to him at the price of $80,000.Jefferson is seeking:

A)restitution.

B)punitive damages.

C)specific performance.

D)valid tender.

Q3) consideration

Q4) A power of avoidance held by a party may be lost if:

A)the contract is affirmed.

B)there are unreasonable delays in exercising the power.

C)the rights of third parties intervene.

D)All of the above.

Q5) unilateral contract

Q6) Explain consequential damages.Give an example.

Q7) firm offer

Q8) Define incidental damages and give an example.

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Chapter 19: Introduction to Sales and Leases

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Sample Questions

Q1) The purpose of Article 2 of the UCC is to modernize, clarify, simplify, and make uniform the law of sales.

A)True

B)False

Q2) Explain when a writing is required under the UCC for a contract for the sale of goods and what is needed in that writing.Identify three exceptions to the requirement of a writing or record for the sale of goods.

Q3) Leslie, the owner of a shoe store, purchased 500 Model XT-50 running shoes from her supplier, but a price was not stated in the contract.The contract is voidable at Leslie's option until the parties agree on a price.

A)True

B)False

Q4) If a contract does not comply with the statute of frauds, it is void.

A)True

B)False

Q5) The definition of "goods" in the UCC may include timber, minerals, growing crops, or a building.

A)True

B)False

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Chapter 20: Performance

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Sample Questions

Q1) On June 1, Supertread Tire Company entered into a contract to provide 100 tires per month to ZYX Cycle Company at $30 per tire for the next two years.The October shipment consisted of 100 badly defective tires.ZYX Cycle Company:

A)can treat the whole contract as breached.

B)can reject the October shipment if it cannot be cured in a timely manner by Supertread.

C)cannot reject the October shipment since it is part of the installment series.

D)Answers (a) and (b) are acceptable under the UCC.

Q2) When is a buyer deemed to have accepted goods that are delivered pursuant to a contract?

A)If he fails to reject the goods after he has had a reasonable opportunity to inspect them.

B)Immediately upon delivery.

C)Only when he pays for them.

D)Only after an express acceptance.

Q3) Seller, through no fault of its own, is unable to deliver the goods to buyer because the agreed type of carrier is unavailable.Explain what the Code requires.

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Page 22

Chapter 21: Transfer of Title and Risk of Loss

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Sample Questions

Q1) With regard to Article 6 of the Uniform Commercial Code, which of the following is accurate?

A)The National Conference of Commissioners on Uniform State Laws and the American Law Institute jointly issued a recommendation stating "that changes in the business and legal contexts in which sales are conducted have made regulation of bulk sales necessary."

B)Over two-thirds of the states have repealed Article 6 of the UCC.

C)Article 60 is a revision of Article 6.

D)All of the above.

E)None of the above.

Q2) In Robinson v.Durham, the court found:

A)the Robinsons were good faith purchasers for value when they bought the car for their business, and they had good title which they passed to Durham.

B)the Robinsons had a voidable title, and they passed good title to Durham, who was a good faith purchaser for value.

C)there was a breach of warranty of title between the Robinsons and Durham.

D)the Robinsons obtained no title from the thief, but they passed good title to Durham since he was a good faith purchaser for value.

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Chapter 22: Product Liability: Warranties and Strict Liability

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Sample Questions

Q1) Bob rented a lawn mower from Scott Rentals.The lawn mower wheel was loose when Bob picked up the mower.When he began to use it, the wheel fell off, causing the mower to tip over onto his foot.Under what theory can Bob hold Scott liable for his injuries?

A)Breach of warranty of merchantability.

B)Strict liability in tort for a defective condition.

C)Both of the above.

D)Neither theory is applicable to leases.

Q2) Horizontal privity pertains to remote sellers within the chain of distribution.

A)True

B)False

Q3) If the buyer inspects the goods before entering into the contract, then implied warranties:

A)still apply to any defects.

B)will in no circumstances be applicable.

C)do not apply to defects that are apparent upon reasonable inspection.

D)None of the above.

Q4) An implied warranty is found in the language of a sales contract.

A)True

B)False

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Chapter 23: Sales Remedies

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Sample Questions

Q1) Under the Code, to be recoverable, damages have to be "calculable with mathematical precision."

A)True

B)False

Q2) The remedy of identification of goods to the contract enables the seller to also exercise the remedy of resale of goods.

A)True

B)False

Q3) tender of delivery

Q4) Which of the following is correct with respect to consequential damages under the Code?

A)Consequential damages include damages for destruction of a warehouse caused by the explosion of nonconforming goods.

B)Consequential damages include damages for lost profits from a contract to resell goods which the seller never delivers.

C)Particular needs of the buyer need to be made known to the seller before the seller can be held responsible for consequential damages relating to those needs.

D)All of the above are correct.

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Chapter 24: Form and Content

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Q1) A maker must sign in the lower right-hand corner of the instrument.

A)True

B)False

Q2) An incomplete instrument is non-negotiable.However, when it is completed, it may become negotiable.

A)True

B)False

Q3) An order to pay money drawn on a bank and payable on demand is a:

A)check.

B)trade acceptance.

C)certificate of deposit.

D)promissory note.

Q4) Who are the parties to checks and notes?

Q5) A check is a draft payable on demand.

A)True

B)False

Q6) A cashier's check is a check drawn by a bank upon itself to the order of a named payee.

A)True

B)False

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Chapter 25: Transfer

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Sample Questions

Q1) A restrictive indorsement:

A)disclaims contract liability.

B)removes warranty liability.

C)attempts to restrict the rights of the indorsee in some fashion.

D)always destroys negotiability.

Q2) The principal advantage of negotiable instruments is their legitimacy.

A)True

B)False

Q3) The transfer of a nonnegotiable promise or order operates as an assignment.

A)True

B)False

Q4) Delivery alone is insufficient to negotiate an instrument when it is payable to:

A)order and the last indorsement is in blank.

B)cash and signed by the drawer.

C)bearer and is not indorsed.

D)the order of John Jones and is not indorsed.

Q5) What is the effect of a qualified indorsement and a restrictive indorsement?

Q6) Every indorsement is either blank or special.

A)True

B)False

Page 27

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Chapter 26: Holder in Due Course

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Q1) Erin left her checkbook and wallet on her desk during lunch hour.Carl Cryer wrote out a check payable to himself and signed Erin's name.He then indorsed the check "Carl Cryer" and cashed it at First Federal Bank.Can Erin get the money back?

A)Yes, since her name was forged.

B)Yes, because the bank is estopped from asserting a defense.

C)No, because her name is on the check.

D)No, Erin is precluded from asserting the defense of forgery because her negligence substantially contributed to the making of the unauthorized signature.

Q2) Time paper that states it is due on July 1, a Sunday, is overdue on:

A)July 1.

B)July 2.

C)July 3.

D)It depends upon when the instrument is presented for payment.

Q3) The subjective component of good faith measures good faith by what the purchaser knows or believes.

A)True

B)False

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Chapter 27: Liability of Parties

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Q1) Sarah has a checking account at First Bank.Orrin steals one of her blank checks, writes a check for $250 to himself, and then forges Sarah's signature.Orrin then indorses the instrument to Paul in payment of a debt.Paul, who does not know of the forgery, presents the instrument to First Bank for payment.At First Bank's request, Paul indorses the instrument, and the bank then pays him $250.Which of the following is correct?

A)Paul has breached the warranties on presentment.

B)Orrin has breached the warranties on presentment.

C)Sarah has breached the warranties on presentment.

D)All of the above are correct.

E)Two of the above, (a) and (b), are correct.

Q2) To certify a check, the bank must:

A)tell the one who presents it.

B)send a letter to the drawer.

C)write the acceptance on the check.

D)Any of the above will be sufficient.

Q3) A drawee bank is primarily liable after it accepts the check.

A)True

B)False

Q4) List and generally explain the warranties on presentment.

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Chapter 28: Bank Deposits, Collections, and Funds

Transfers

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Q1) A written stop payment order is effective indefinitely.

A)True

B)False

Q2) A bank is not liable for nonpayment of an EFT transaction if the terminal has run out of cash.

A)True

B)False

Q3) The Check Clearing for the 21st Century Act requires banks to accept checks in electronic form.

A)True

B)False

Q4) If a bank pays a postdated instrument prior to its date, it will be a proper debit to the drawer's account, unless the drawer had timely informed the drawee that the check was postdated.

A)True

B)False

Q5) certificate of deposit

Q6) maker

Q7) blank indorsement

Q8) holder

Page 30

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Chapter 29: Relationship of Principal and Agent

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Q1) Which of the following is NOT a major duty, which the agent owes to the principal?

A)Duty to obey instructions.

B)Duty to act in good faith and with loyalty.

C)Duty to indemnify.

D)Duty to exercise care.

Q2) Steven is a manufacturer's representative for Incell Corporation.One day he receives a big-screen television as a gift from one of the clients he contacts on behalf of Incell.

A)Steven must account to Incell for the gift he has received.

B)The big-screen television belongs to Incell rather than to Steven.

C)If he keeps the TV without telling Incell, he will have breached his fiduciary duty.

D)All of the above are correct.

Q3) A principal has no duty to compensate his or her agent if:

A)the agent breached the duty of obedience.

B)the agent breached the duty of loyalty.

C)it is a gratuitous agency.

D)All the above are correct.

Q4) Discuss the nature of agency, including the scope of agency purposes.

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Chapter 30: Relationship With Third Parties

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Q1) To effect a ratification, the principal must manifest an intent to do so.

A)True

B)False

Q2) Name the two basic types of authority with regard to agents and explain the difference between them.

Q3) power of attorney

Q4) A subagent owes a fiduciary duty to both the agent and to the principal.

A)True

B)False

Q5) Discuss the fundamental rules of contractual liability between a principal and the third party.

Q6) Under the Third Restatement, if a principal becomes incapacitated, the agency relationship terminates and all authority, including apparent authority, automatically ceases.

A)True

B)False

Q7) duty of obedience

Q8) An employer may have criminal liability for the acts of his employee.

A)True

B)False

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Chapter 31: Formation and Internal Relations of General Partnerships

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Q1) Each partner, unless otherwise agreed, has equal rights in the management and conduct of the business of a general partnership.

A)True

B)False

Q2) Whether an individual partner or the partnership owns certain property determines who gets it upon dissolution of the partnership and who shares in income from it.

A)True

B)False

Q3) Bert and Philip have decided to form a partnership to operate a lawn care service.Discuss whether they should name the business and, if so, what considerations affect the name they might choose.

Q4) The RUPA treats a partnership as a legal entity in which one of the following respects?

A)Liability of partners for partnership obligations.

B)For the purpose of suing or being sued.

C)For all purposes.

D)Assignment of a partner's interest.

Q5) What are the ways the RUPA recognizes a partnership as an entity?

Page 34

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Chapter 32: Operation and Dissolution of General Partnerships

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Q1) Jane, Kelly, and Lois are partners in an accounting firm, but Jane intends to retire and withdraw from the partnership at the end of the year.Under the RUPA, Jane:

A)has the power to bind the partnership for a partnership obligation incurred within two years after dissociation if the partnership did not dissolve and if at the time of entering into the transaction the other party reasonably believed Jane was then a partner.

B)is liable only for all debts incurred prior to her retirement.

C)is liable to the firm's creditors until the day of her retirement when she will be absolved of all liability.

D)is liable to the firm's creditors for an amount not to exceed her partnership interest on the day of her retirement.

E)is liable to the firm's creditors for an amount not to exceed her initial capital contribution to the partnership.

Q2) If the partnership is bound by a contract, then each individual general partner has unlimited personal liability for that obligation.

A)True

B)False

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Chapter 33: Limited Partnerships and Limited Liability Companies

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Q1) Extinguishing a limited partnership involves:

A)dissolution.

B)winding up or liquidation.

C)termination.

D)All of the above.

E)Only (a) and (b).

Q2) What is the effect on liability of a limited partner who participates in the management of the partnership? What activities may a limited partner perform without affecting liability?

Q3) With regard to a limited partner's capital contribution to the limited partnership:

A)the limited partner can only contribute cash.

B)a promise by a limited partner to contribute to the limited partnership is not enforceable unless it is in a signed writing.

C)a limited partner is liable to the partnership for the difference between the contribution actually made and that which is stated in a signed writing promising a certain contribution.

D)Two of the above, (b) and (c).

Q4) What are the liabilities of a limited partner in a limited partnership?

Page 36

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Chapter 34: Nature and Formation of Corporations

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Q1) The "corporate veil" is most likely to be pierced in the case of closely held corporations and in parent-subsidiary relationships.

A)True

B)False

Q2) The possible consequences of a defective incorporation include which of the following?

A)The state may bring an action against the association for involuntary dissolution.

B)A third party may assert that it is not liable to the association.

C)The associates are held personally liable to a third party.

D)All of the above.

E)None of the above.

Q3) Which of the following is not a requirement of a Subchapter S corporation?

A)It must be a domestic corporation.

B)It must have no more than 50 shareholders.

C)A corporation or partnership cannot be a shareholder.

D)It may have only one class of stock.

Q4) Discuss what is required in most states to form a corporation.

Q5) What are the principal attributes of a corporation?

Q6) What statutory powers does a corporation normally possess?

Page 37

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Chapter 35: Financial Structure of Corporations

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Q1) Dividends are ordinarily paid in cash, but may be paid in property.

A)True

B)False

Q2) Par value:

A)indicates the worth of the stock at issue.

B)is the minimum price at which the corporation may sell the stock at issuance.

C)represents the maximum price at which the stock may be sold at issuance.

D)represents the amount for which the stock must be traded.

Q3) "Blue Sky Laws" are state laws that regulate corporate stock issuance and sales.

A)True

B)False

Q4) An investor has the right to transfer his investment securities by sale, gift, or pledge.

A)True

B)False

Q5) The shareholders normally determine the price for which shares will be issued unless the charter permits the board of directors to set the price.

A)True

B)False

Q6) Discuss the use of and types of stock options.

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Chapter 36: Management Structure of Corporations

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Q1) An officer or director's responsibility to exercise ordinary care and prudence in discharging duties is the:

A)duty of good faith.

B)duty of diligence.

C)fiduciary duty.

D)duty of obedience.

Q2) The board of directors has the power to:

A)sell corporate assets in the usual and regular course of business.

B)issue notes or bonds.

C)fix the selling price of publicly traded shares of the corporation's stock.

D)All of the above.

E)Both (a) and (b).

Q3) A shareholders' written agreement, unlimited in duration, to vote in a specified manner for the election of directors is a voting trust.

A)True

B)False

Q4) Discuss the business judgment rule.

Q5) Discuss whether officers and directors may entrust important work to others and their potential liability if they do.

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Chapter 37: Fundamental Changes of Corporations

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Q1) If a company owns a statutorily specified percentage of a subsidiary's stock, a merger may be effected with approval of the parent's board of directors alone, without resort to shareholders.This is called a:

A)parent-sub merger.

B)board merger.

C)short-cut merger.

D)short-form merger.

Q2) A court may not dissolve a corporation in a proceeding brought by a shareholder if it is established that the acts of the directors are merely oppressive and not destructive.

A)True

B)False

Q3) foreign partnership

Q4) public corporation

Q5) straight voting

Q6) charging order

Q7) domestic corporation

Q8) convertible bonds

Q9) partnership

Q10) delectus personae

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Chapter 38: Secured Transactions and Suretyship

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Q1) A buyer in the ordinary course of business takes collateral (other than farm products) free of any security interest created by the buyer's seller, even if the security interest is perfected and the buyer knows of its existence.

A)True

B)False

Q2) Article 9 of the UCC applies to a security interest without consent that arises by operation of law, such as a mechanic's lien.

A)True

B)False

Q3) If Sharpe Finance Co.has a secured interest in Jeff's car and Jeff is in default, in most states, Sharpe may take the car from in front of Jeff's house without getting a court order.

A)True B)False

Q4) A bankruptcy trustee may invalidate a granting of certain security interests from the debtor if made on the date of or within 90 days before the filing of the bankruptcy petition.

A)True

B)False

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Chapter 39: Bankruptcy

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Q1) The debtor may convert a Chapter 7 bankruptcy case to a Chapter 11 or 13 case; however, a waiver of this right is enforceable.

A)True B)False

Q2) Federal district courts may hear all matters collateral to the bankruptcy, even if these matters are not normally permitted to be brought in federal court.

A)True B)False

Q3) Which of the following claims will be paid first from the debtor's estate under Chapter 7?

A)A gap creditor with a claim of $2,000.

B)A state claiming $5,000 in back taxes.

C)The trustee's expenses of $3,000.

D)Employees claiming unpaid wages of $5,000 for wages earned within 90 days of the bankruptcy filing.

Q4) conditional guarantor of collection

Q5) Rebecca, whose debts are primarily consumer debts, files for Chapter 7 bankruptcy.Discuss the grounds for which the court might dismiss her case.

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Chapter 40: Securities Regulation

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Sample Questions

Q1) Registration of securities calls for disclosure of which of the following?

A)A description of the registrant's properties and business.

B)A description of the significant provisions of the security to be offered for sale and its relationship to the registrant's other capital securities.

C)Information about the management of the registrant.

D)Financial statements certified by independent public accountants.

E)All of the above.

Q2) Insiders may refrain from trading on inside information rather than disclose it to avoid liability under Rule 10b-5.

A)True

B)False

Q3) Hugo wishes to raise money for his restaurant.He offers to sell stock to his brothers, sisters, aunts, uncles, and cousins.The offering is made by telephone to each of the investors and amounts to a stock offering in the total dollar amount of $1,500,000.The offering is made to a total of 38 family members and no notice is given to the SEC.Is this a permissible exempt offering under the federal securities laws? Explain.

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Chapter 41: Intellectual Property

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Sample Questions

Q1) Injunctive relief is a common remedy under the Lanham Act.

A)True

B)False

Q2) Copyright protection lasts for the period of an author's life plus an additional seventy years.

A)True

B)False

Q3) Georgia's company may lawfully discover Samantha's company's trade secrets if Samantha's company fails to take reasonable precautions to protect their trade secrets.

A)True

B)False

Q4) Copyright infringement may be unintentional.

A)True

B)False

Q5) "Palming off" was one of the earliest forms of unfair competition, but it is not found today.

A)True

B)False

Q6) Identify the three types of patents, their requirements, and duration.

Page 44

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Chapter 42: Employment Law

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Sample Questions

Q1) The __________ is responsible for enforcing federal anti-discrimination laws.

A)OSHA

B)Social Security Administration

C)EEOC

D)NLRB

Q2) The Landrum-Griffin Act would protect against:

A)a union officer's keeping a member from giving his opinion at a union meeting.

B)an employer's forbidding union workers from meeting.

C)an NLRB representative's influencing elections.

D)an employer's requiring all its employees to be union members.

Q3) The Pregnancy Discrimination Act protects the job reinstatement rights of women returning from maternity leave.

A)True

B)False

Q4) The Norris-La Guardia Act gave federal courts the power to issue injunctions in nonviolent labor disputes.

A)True

B)False

Q5) What is the difference between a "closed shop" and a "union shop"?

Q6) What are the remedies available for violations of the Civil Rights Act of 1964?

Page 45

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Chapter 43: Antitrust

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Sample Questions

Q1) In an attempt to limit the power of large purchasers, Congress amended Section 2 of the Clayton Act in 1936 by adopting the:

A)Sherman Act.

B)Federal Trade Commission Act.

C)Robinson-Patman Act.

D)All of the above.

Q2) In normal times, the economic community is best served by:

A)free competition in trade and industry.

B)the elimination of competition.

C)contracts and combinations that restrain trade.

D)conscious parallelism to stabilize prices.

Q3) The Justice Department has expanded its enforcement policy of the Sherman Act to cover foreign companies' conduct that harms U.S.exports.

A)True

B)False

Q4) Monopoly power is tested by determining how big the corporation is in terms of total assets.

A)True

B)False

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Chapter 44: Accountants Legal Liability

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Sample Questions

Q1) The common law recognizes an accountant-client privilege.

A)True

B)False

Q2) Martin agrees to perform an audit within 30 days, knowing that time is of the essence.After the 30 days, Martin has only performed 60% of the audit.Martin has materially breached his contract.

A)True

B)False

Q3) Pam certified a statement prepared by John, her employee, without checking John's work.He was never known to be anything but diligent and his integrity had never been questioned.The audit contained gross misstatements.Pam defends a suit against her claiming "due diligence." She will:

A)succeed, since she had no reason to believe her employee would lie.

B)succeed, because a reasonable person would have inquired further.

C)fail, because due diligence requires reasonable investigation.

D)fail, because she is automatically liable for her employee's act.

Q4) Taylor, who is conducting an audit of Oakwood Corporation, becomes aware of information that indicates Oakwood was involved in an illegal payment.Discuss Taylor's responsibilities.

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Chapter 45: Consumer Protection

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Q1) Since 1976, the Food and Drug Administration has had the increased authority to:

A)subject medical devices to premarket approval.

B)require manufacturers to do corrective advertising.

C)make manufacturers responsible for seeing that drugs are proven safe and effective before being sold.

D)make package inserts or labels on drugs list possible side effects.

Q2) The Consumer Product Safety Commission enforces the:

A)Federal Hazardous Substances Act.

B)Flammable Fabrics Act.

C)Refrigerator Safety Act.

D)All of the above.

E)None of the above.

Q3) Lemon laws provide new car purchasers with rights similar to those under the Magnuson-Moss Warranty Act.

A)True

B)False

Q4) Some states have broadened their lemon law coverage to include used cars and motorcycles.

A)True

B)False

Page 48

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Chapter 46: Environmental Law

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Sample Questions

Q1) In 1976, RCRA was enacted by Congress to:

A)provide a comprehensive scheme of treatment for hazardous solid waste.

B)establish a manifest system to be used by generators.

C)give states the primary responsibility for hazardous waste.

D)Both (a) and (b).

E)Both (b) and (c).

Q2) Which of the following is true of PSD areas under the Clean Air Act?

A)Only limited increase in air pollution is allowed.

B)New construction of a major stationary source requires a permit from the state.

C)To receive a permit, a new source must show it will use the best control technology available.

D)All of the above.

E)None of the above.

Q3) Under the Clean Air Act, the EPA administrator must establish national air quality standards to regulate air pollutants that endanger public health and welfare.

A)True

B)False

Q4) What is the Council on Environmental Quality?

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Chapter 47: International Business Law

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Sample Questions

Q1) Assume a foreign nation has seized all of the property of an American corporation.The nation has assumed ownership of the property for a public purpose and has paid the American corporation what it believes to be fair compensation.Under these facts, the seizure of property is best described as:

A)expropriation.

B)confiscation.

C)force majeure.

D)eminent domain.

Q2) sovereign immunity

Q3) International Court of Justice

Q4) The basic purpose of __________ is to facilitate the flow of trade by establishing agreements concerning potential trade barriers such as import quotas, customs, export regulations, subsidies, and import fees.

A)WTO

B)Foreign Sovereign Immunities Act.

C)World Bank.

D)None of the above.

Q5) consumer credit

Q6) security

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Chapter 48: Introduction to Property, Property Insurance,

Bailments, and Documents of Title

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Q1) To prevent the use of the insurance policy for wagering purposes, the person who is to be indemnified under the contract must have:

A)good faith.

B)an insurable interest.

C)a binder.

D)a coinsurance clause.

Q2) The most frequently used documents of title are the warehouse receipts issued by warehousers and the bills of lading issued by carriers.

A)True

B)False

Q3) Collin insures his building for $250,000.At the time of its total loss, the property is valued at $220,000.Under:

A)an open policy, Collin would recover $220,000.

B)an open policy, Collin would recover $250,000.

C)a valued policy, Collin would recover $220,000.

D)Both (a) and (c).

E)Both (b) and (c).

Q4) Explain the difference between lost, mislaid, and abandoned property and who has rights to it.

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Chapter 49: Interests in Real Property

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Q1) A tenancy at sufferance is created if a tenant fails to vacate the premises when the lease expires.

A)True

B)False

Q2) A reversion is held by a person other than the grantor or his successors.

A)True

B)False

Q3) Traditionally, the common law viewed a leasehold estate primarily as a contract, but today it is viewed more as a conveyance of the use of land.

A)True

B)False

Q4) A license is generally subject to revocation by the property owner at any time. A)True

B)False

Q5) Realty owned concurrently by more than one person can be physically divided into smaller, individually owned parcels by a process known as profit a prendre.

A)True B)False

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Chapter 50: Transfer and Control of Real Property

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Q1) There are three major types of deeds.

A)True

B)False

Q2) Most zoning ordinances provide that a nonconforming use may be terminated:

A)immediately.

B)after 6 months of the structure's future useful life.

C)when a nonconforming structure is destroyed or substantially damaged.

D)All of the above.

Q3) A typical enabling statute grants municipalities all but which of the following powers? The power to:

A)regulate the bulk of buildings to be erected.

B)divide the entire municipality into districts of such number and shape as may be deemed best.

C)determine the area of open spaces within buildings.

D)All of the answer choices are typical powers granted by enabling statutes.

Q4) A title search guarantees rightful ownership.

A)True

B)False

Q5) Discuss the types of deeds that can be used to transfer title.

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Chapter 51: Trusts and Wills

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Sample Questions

Q1) mortgage

Q2) Which of the following will be acceptable as a witness to a will?

A)The testator's spouse.

B)The administrator of the estate.

C)The beneficiary of a testamentary trust.

D)The spouse of a beneficiary.

Q3) profit à prendre

Q4) Which of the following is true regarding property distribution upon a person's death intestate?

A)At common law, property lineally ascended to parents if there was no surviving spouse and there were no children.

B)Today, in all states, if there is a surviving spouse, he or she gets the entire estate.

C)Rules of descent vary widely from state to state.

D)Both (a) and (c).

Q5) Which of the following statements about wills is correct?

A)A will must be written on one piece of paper.

B)Another writing may be incorporated by reference in a will.

C)The testator must sign his or her full name.

D)The testator cannot have any "help" in signing a will.

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