MBA Program Practice Law Test:
1. Appellate courts are required to re-try a case if the court finds that a lower trial
court made a mistake during the original trial.
2. A binding contract does not require consideration.
3. The tort of battery requires some form of touching or physical contact but the
touching need not cause physical injury.
4. Arbitration is the same thing as mediation.
5. The Fifth and Fourteenth Amendments prohibit the government from depriving a
person of life, liberty and the pursuit of happiness.
6. A criminal law must comply with the constitution in order to be valid.
7. Title VII of the Civil Rights Act of 1964 makes both employers and supervisors
liable for sexual harassment.
8. Most married couples own their homes as joint tenants with rights of
survivorship.
9. A quit claim deed guarantees that the title to the property is without defect.
10. Under the doctrine of respondeat superior, a corporation is liable for torts
committed by its employees within the course of their employment.
11. Employees in Michigan are presumed to have just cause status.
12. Officers of a corporation may be held liable for criminal acts but corporations
may not be held criminally liable for violation of criminal statutes.
13. A power of attorney is a written instrument that evidences the formal appointment
of an agent and the agent must be a licensed attorney
14. The Uniform Commercial Code, Article 2, governs the sale of goods.
15. Commercial speech has less protection under the First Amendment than political
speech.
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Answers to sample MBA Practice Law Test
1. False. If an appellate court finds that a lower trial court has made a mistake it will
usually send the case back to the trial court to be re-tried. Appellate courts do not
try cases.
2. False. All contracts require consideration from both parties to be binding
contracts.
3. True.
4. False. Arbitration is similar to a trial and the opinion of the arbitrator is binding
on the parties and may be enforced in court. Mediation is an attempt by a
mediator (neutral) to settle a case prior to litigation or arbitration.
5. True. These amendments provide that all persons have a right to due process
6. True. Criminal laws that are deemed by a court to be unconstitutional are not
binding.
7. False. The employer may be held liable under the Civil Rights Act but not the
supervisor for sexual harassment.
8. True.
9. False. A quit claim deed, usually used in divorce proceedings, simply means that
the person signing the deed has no legal rights to the property.
10. True.
11. False. Employees in Michigan are presumed to be at-will employees unless there
is a contract that states that they are just cause employees.
12. False. Both officers and corporations may be held liable for criminal acts that
violate criminal statutes.
13. False. A power of attorney may be given to an agent who is not an attorney. (For
example, a family member or trusted friend.)
14. True.
15. True.
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