Chapter 1 The Nature of Law and Critical Legal Thinking
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) The sources of the law in this country are the:
A) U.S. Constitution.
B) State constitutions.
C) Federal and state statutes, ordinances, administrative rules, executive orders, and judicial
decisions.
D) All of the above.
2) Businesses organized in the U.S. are subject to:
A) U.S. laws.
B) Ethical duties in the conduct of its affairs.
C) Laws of countries where they operate.
D) All of the above.
3) Critical legal thinking involves:
A) Specifying the issue.
B) Identifying the key facts and applicable law.
C) Applying the law to the facts.
D) All of the above.
4) By providing a basis for compromise, U.S. law provides for settlement prior to trial in:
A) 40 percent of all lawsuits.
B) 77 percent of all lawsuits.
C) 90 percent of all lawsuits.
D) None of the above.
5) The law is:
A) Vague and variable.
B) A comprehensive, eternalized set of rules.
C) Permanent and inflexible in its application.
D) None of the above.
6) The following is an example of the natural law school of jurisprudence:
A) The Code of Hammurabi.
B) U.S. Constitution.
C) U.S. Code.
D) None of the above.
7) Some misuses and oversights of our legal system include
A) Abuses of discretion.
B) Mistakes by judges and juries.
C) Unequal application of the law.
D) All of the above.
8) Battered women's syndrome may prove self-defense in homicide cases where:
A) The defendant is especially grieved and remorseful.
B) The woman is accused of killing her husband or other male, and there is evidence is sustained
violence against the women.
C) The victim was not well liked or respected in the community.
D) None of the above.
9) Precedent provides:
A) Suggested rules for deciding cases.
B) The basis for deciding similar issues in latter cases.
C) That what is decided by upper courts is not relevant or applicable to lower courts.
D) All of the above.
10) Which of the following are examples of civil law codes?
A) Corpus Juris Civilis.
B) French Civil Code.
C) German Civil Code.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The law is based primarily on the French civil law system.
12) A function of the law is to facilitate orderly change.
13) Administrative agencies are established to enforce and interpret statutes enacted by Congress and state
legislatures.
14) The U.S. Constitution and treaties are secondary to state laws and local ordinances.
15) The Defendant is the party that brought the law suit.
16) Judges apply legal reasoning in deciding cases.
17) Administrative agencies are created by the judicial branch.
18) The Spanish and French civil law systems influence U.S. law.
19) The natural law school of jurisprudence suggests that the law is based on what is "correct."
20) The analytical school of jurisprudence suggests that the law is based on social traditions and customs
developed over centuries.
Chapter 2: The American Court System
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Examples of state limited-jurisdiction trial courts include:
A) Traffic courts.
B) Juvenile courts.
C) Family-law courts.
D) All of the above
2) Federal judges are appointed by the President, with advice and consent of the Senate, for:
A) Life.
B) 14-year terms.
C) 8-year terms.
D) All of the above.
3) The 11 territorial and D.C. Circuit U.S. Courts of Appeals hear cases involving:
A) Federal claims.
B) International trade.
C) Patent and trademark.
D) None of the above.
4) Which Article and Section of the U.S. Constitution gives the President the power to appoint Supreme
Court justices?
A) Article II, Section 2.
B) Article III, Section 1.
C) Article VI, Section 7.
D) None of the above.
5) A plurality decision means:
A) A majority cannot agree as to the outcome of the case.
B) A majority agree with the outcome, but not with the reasoning.
C) A tie vote is cast.
D) None of the above.
6) A Supreme Court justice who agrees with the outcome of a case, but not the reasoning, may issue a:
A) Minority opinion.
B) Dissenting opinion.
C) Concurring opinion.
D) Non-concurring opinion.
7) The Supreme Court usually decides to hear which kinds of major constitutional questions?
A) Freedom of Speech.
B) Freedom of Religion.
C) Equal protection.
D) All of the above.
8) Diversity of citizenship for jurisdictional purposes involves:
A) Citizens of different states.
B) A citizen of a state and a citizen or subject of a foreign country.
C) A citizen of a state and a foreign country where the foreign country is the plaintiff.
D) All of the above
9) For a court to have authority to hear a case:
A) The plaintiff must have standing to sue.
B) The court must have jurisdiction.
C) The case must be brought in the proper venue.
D) All of the above
10) State courts have exclusive jurisdiction for:
A) Bankruptcy.
B) Copyright.
C) Patents.
D) None of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) There are three major court systems in the U.S.
12) Decisions of limited-jurisdiction trial courts can usually be appealed to a general-jurisdiction court or
appellate court.
13) The highest state court hears no new evidence or testimony.
14) The Constitution authorizes Congress to establish inferior federal courts.
15) The U.S. Court of International Trade hears cases involving federal tax laws.
16) Statements of general opinion – puffery – are not actionable under the Lanham Act.
17) The Supreme Court of the U.S. cannot come to a tie decision.
18) Cases arising under the U.S. Constitution, treaties, and federal statutes and regulations are "federal
questions" for jurisdictional purposes.
19) State courts may elect to hear cases involving federal crimes.
20) If a plaintiff brings a case involving concurrent jurisdiction in a state court, the defendant can remove
the case to federal court.
Chapter 3: Civil Litigation and alternative Dispute Resolution
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) The complaint must:
A) Name the parties to the lawsuit.
B) Allege the facts and law violated.
C) Contain a prayer for relief.
D) All of the above.
2) Which is not a cost-benefit analysis factor?
A) The probability of winning or losing.
B) The lawyer's fees and other litigation costs.
C) The facts of the case are curious.
D) The unpredictability of the legal system.
3) Under Federal Rule of Procedure 8(a)(2), the following is required for the notice pleading:
A) A precise statement of the claim.
B) A detailed analysis of the claim.
C) A short and plain statement of the claim
D) None of the above.
4)
Depositions are taken from:
A) Parties.
B) Witnesses.
C) Both of the above.
D) None of the above.
5) Why did the Norgart's lose their case?
A) The plaintiff's alleged facts were proved incorrect.
B) The defense lawyer's just put on a better case.
C) They missed the cutoff for the statute of limitations.
D) None of the above.
6) An attorney in a civil case can represent the plaintiff on the following fee basis:
A) Hourly.
B) Project.
C) Contingency fee.
D) All of the above.
7) Interrogatories are:
A) Written questions.
B) Document requests.
C) Medical examinations.
D) Depositions.
8) A motion for summary judgment asserts:
A) That the law requires only one outcome.
B) One of the parties has not presented their case well.
C) There are no factual disputes to be decided.
D) All of the above.
9)
Pretrial conferences are:
A) Formal proceedings before the court.
B) Permitted by federal and most state rules.
C) To nail down all of the last minute items before going into trial.
D) None of the above.
10) Trials consist of:
A) Jury selection.
B) Opening statements.
C) Jury instructions.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The process of bringing, maintaining, and defending a lawsuit is called mediation.
12) The complaint must be served on the defendant by a sheriff.
13) If the defendant does not answer the complaint, it will be dismissed.
14) Most statute of limitations are from ten to twenty years, depending on the type of case.
15) During discovery, the plaintiff alone is allowed to collect information about the case.
16) So-called "e-filing" of pleadings is still something of the future.
17) Under a contingency fee arrangement, the lawyer received an hourly fee for his work on the case.
18) In a lawsuit, parties are limited to evidence that is presented during depositions.
19) Only the defendant is allowed to file pretrial motions.
20) In Boury v. Ford Motor Company a large civil award from the jury was appealed and was consequently
reversed.
Chapter 4: Criminal Law and Ethics
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Criminal laws in the United States are enacted by:
A) Federal government.
B) State governments.
C) Municipal governments.
D) All of the above.
2) A person charged with a crime in the United States is:
A) Presumed guilty.
B) Presumed not-guilty.
C) Presumed innocent until proved guilty.
D) None of the above.
3) A criminal conviction requires a:
A) Magnanimous jury vote.
B) Hung jury vote.
C) Divided jury vote.
D) Unanimous jury vote.
4) The following may be imposed for a crime:
A) Imposition of a fine.
B) Imprisonment.
C) Both of the above.
D) None of the above.
5) All crimes can be classified as:
A) Felonies.
B) Misdemeanors.
C) Violations.
D) All of the above.
6) Actus reus indicates:
A) Rough actor.
B) Criminal intent.
C) Guilty act.
D) None of the above.
7) The mens rea indicates or includes:
A) Purposeful.
B) Knowingly.
C) Recklessly or with criminal negligence.
D) All of the above.
8) To inhibit identity fraud, law-enforcement officials suggest that you:
A) Unless legally required, never put your social security number on any document.
B) Obtain and review copies of your credit report at least twice each year.
C) Use passwords other than maiden names and birthdays on bank accounts.
D) All of the above.
9) Pretrial criminal procedure includes the following:
A) Arrest.
B) Information.
C) Both of the above.
D) None of the above.
10) At the arraignment proceeding, the accused may plead:
A) Guilty.
B) Not-guilty.
C) Nolo-contendere.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The United States has one of the most advanced and humane criminal law systems in the world.
12) The burden of proof is on the defendant to show he or she is not-guilty.
13) The list of crimes is "set in stone."
14) In a criminal lawsuit, a private party is usually the plaintiff.
15) Misdemeanors include crimes that are mala in se.
16) Mala prohibita crimes are those that are inherently evil.
17) The Model Penal Code has four levels of culpable mental state.
18) Specific intent is where the accused acted unintentionally.
19) Criminal charges may be brought even though the act was accidental.
20) Federal Rules of Civil Procedure govern all criminal proceedings in federal courts.
Chapter 5: Constitutional Law and Freedoms
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) The three branches of government do not include:
A) Legislative.
B) Electoral.
C) Judicial.
D) All of the above.
2) The U.S. Constitution serves the following purposes:
A) It creates three branches of the federal government.
B) It protects individual rights.
C) Both of the above.
D) None of the above.
3) The Supremacy Clause establishes that the following are not the supreme law of the land:
A) Constitution of the U.S.A.
B) Federal laws.
C) Local laws.
D) Federal regulations.
4) The federal government may regulate:
A) Interstate commerce.
B) Intrastate commerce.
C) Both of the above.
D) None of the above.
5) The Commerce Clause gives Congress the power to regulate commerce with:
A) Foreign nations.
B) Among the several states.
C) Indian Tribes.
D) All of the above.
6) The Driver's Privacy Protection Act of 1994 prohibits:
A) Insurers, manufacturers, and direct marketers from purchasing drivers license information from
states.
B) A person from disclosing personal information to police during routine stops.
C) A state from selling the personal information of a person unless the state first obtains that person's
affirmative consent.
D) None of the above.
7) The first ten Amendments to the Constitution:
A) Are called the Bill of Rights.
B) Were added to the Constitution in 1791.
C) Both of the above.
D) None of the above.
8) The U.S. Supreme Court places speech into three categories:
A) Fully protected speech.
B) Limited protection speech.
C) Unprotected speech.
D) All of the above.
9) The First Amendment protects:
A) Oral speech.
B) Written speech.
C) Symbolic speech.
D) All of the above.
10) The Fourteenth Amendment provides:
A) The Equal Protection Clause.
B) The Due Process Clause.
C) The Privileges and Immunities Clause.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) According to Woodrow Wilson, the Constitution of the United States is a mere lawyer's document.
12) Federalism means that all undelegated powers are reserved to the federal government.
13) Certain checks and balances were built into the Constitution.
14) The judicial branch has the authority to examine the acts of the other two branches of government and
determine whether those acts were constitutional.
15) The executive branch can enter into treaties with foreign governments under its own authority.
16) The legislative branch of the federal government is authorized to create state courts and to determine
their jurisdiction.
17) The preemption doctrine involves the concept of federal law taking precedence over state and local
law.
18) In a case where the federal law does not provide for exclusive jurisdiction, the state and local
governments may have concurrent jurisdiction.
19) In Geier v. American Honda Motor Company the state tort law had concurrent jurisdiction with the
federal standard.
20) In Cipollove v. Liggett Group the Supreme Court found that the Federal Cigarette Labeling and
Advertising Act preempted state tort court action.
Chapter 6: Torts and Product Liability
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Tort is the French word for:
A) Damages.
B) Fees.
C) Wrong.
D) All of the above.
2) Law protects persons from the unauthorized:
A) Touching.
B) Restraint.
C) Other contacts.
D) All of the above.
3) Assault is:
A) The threat of immediate harm or offensive contact.
B) Any action that arouses reasonable apprehension of imminent harm.
C) Both of the above.
D) None of the above.
4) Examples of battery, if injury occurs, include:
A) Knocking off a hat.
B) Throwing a rock.
C) Shooting an arrow.
D) All of the above.
5) Under the shopkeeper's privilege, merchants may stop, detain, and investigate suspected shoplifters
without being held liable for false imprisonment if:
A) There is reasonable grounds for the suspicion.
B) Suspects are detained for only a reasonable time.
C) Investigations are conducted in a reasonable manner.
D) All of the above.
6) Defamation of character requires the plaintiff to prove that:
A) The defendant made an untrue statement of fact about the plaintiff.
B) The statement was intentionally or accidentally published to a third party.
C) Both of the above.
D) None of the above.
7) In the tort of appropriation, the plaintiff can:
A) Recover the unauthorized profits made by the offending party.
B) Obtain an injunction against further unauthorized use of their identities.
C) Both of the above.
D) None of the above.
8) Examples of the tort of invasion of the right to privacy include:
A) Reading someone else's mail.
B) Wiretapping.
C) Searching another's personal computer.
D) All of the above.
9) In a suit for malicious prosecution, the courts require plaintiffs to prove:
A) The plaintiff in the original lawsuit instituted or was responsible for instituting the original
lawsuit.
B) There was no probable cause for the first lawsuit.
C) The plaintiff in the original lawsuit brought it with malice.
D) All of the above.
10) Unintentional torts require that the plaintiff prove:
A) The defendant owed a duty of care to the plaintiff.
B) The defendant breached the duty of care.
C) The plaintiff suffered injury.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The doctrine of transferred intent transfers the perpetrator's intent from the target to the actual victim of
the act.
12) False imprisonment requires that the victim be locked up in a municipal or other official jail or prison.
13) In Wal-Mart Stores v. Goodman the civil jury found that Wal-Mart had acted reasonably.
14) Publication, in terms of defamation of character, means published in the newspaper, magazine, or in
books.
15) The term for an oral defamatory statement is libel.
16) Opinions are often defamatory and actionable.
17) People normally do not have exclusive legal rights to control and profit from the commercial use of
their name and personality.
18) The courts look favorably on malicious prosecution lawsuits.
19) There is no such thing as the tort of outrage.
Chapter 7: Contracts and E-Commerce
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Examples of contracts are:
A) Sales contracts.
B) Rental agreements.
C) Licensing agreements.
D) All of the above.
2) In a contract:
A) The offeree makes an offer
B) The offeror is made an offer
C) The offeree promises to do or to refrain from doing something.
D) The offeree has the power to create a contract.
3) In the evolution of contracts, the following is not true:
A) The use of contracts goes back to ancient times.
B) The common law of contracts was developed in France around the 13th century.
C) The United States adopted a laissez-faire approach to the law of contracts.
D) None of the above.
4) An agreement involves:
A) An offer
B) An offeree.
C) An offerer.
D) All of the above.
5) Under the common law an offeror may revoke an offer:
A) At any time.
B) After the offeree has rejected the offer.
C) After the offeree has accepted the offer.
D) Prior to the acceptance of the offer.
6) Consideration may involve:
A) Money.
B) Performance of an act.
C) Property.
D) All of the above.
7) The following have the burden of proof of incapacity to contract:
A) The minor.
B) The guardian.
C) The conservator.
D) All of the above.
8) A nondisclosure agreement does not:
A) Provide for the equitable sharing of information.
B) Swear the signatory to secrecy.
C) Usually involve takeovers and corporate deals.
D) Protect people that have great ideas.
9) Mental incapacity usually arises from:
A) Mental illness.
B) Brain damage.
C) Senility.
D) All of the above.
10) A contract to perform an illegal act is:
A) An illegal contract.
B) Void.
C) Cannot be enforced.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) Contracts are involuntary agreements entered into by parties.
12) The terms of a contract become private law between the parties.
13) A contract is an agreement that is enforceable in a court of law.
14) To have an enforceable contract, there must be an agreement between the parties.
15) The object of the contract may be for any purpose.
16) The use on contracts goes back to ancient times.
17) Special rules have been developed to apply to electronic commerce.
18) An offeror must objectively intend to be bound by the offer.
19) An offer does not necessary need to be communicated to the offeree.
20) In an option contract, the offeror agrees not to sell the property to another party during the option
period.
Chapter 8: Real and Personal Property
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Intangible property includes all but the following:
A) Stock certificates.
B) Furniture.
C) Bonds.
D) Copyrights.
2) Under an estray statute, a finder may clear title to mislaid or lost property if:
A) The finder reports the found property and turns over possession.
B) Notice and advertisements are published describing the lost property.
C) A specified time has passed without the rightful owner claiming the property.
D) All of the above.
3) Real property includes the following:
A) Subsurface rights.
B) Plant life and vegetation.
C) Fixtures.
D) All of the above.
4) The following is the highest form or ownership of real property:
A) Fee simple defeasible.
B) Qualified fee.
C) Fee impressive.
D) Fee simple absolute.
5) An estate pour autre vie creates:
A) A brief interest in personal property.
B) A permanent transfer of goods.
C) A lifetime interest in real property.
D) None of the above.
6) In this form of concurrent ownership, there does not exist a right of survivorship:
A) Joint tenancy.
B) Tenancy in common.
C) Tenancy in the entirety.
D) Community property.
7) Under condominium ownership, the individual owners own individually the following:
A) Their dwelling unit.
B) Their hallway.
C) Their parking areas.
D) Their recreational facilities.
8) The following are forms of real property transfer documents:
A) Warranty deed.
B) Quitclaim deed.
C) Both of the above.
D) None of the above.
9) Adverse possession of property involves:
A) Possession of the property over a lengthy period of time.
B) Putting the property owner on notice of the possession.
C) Actually possessing the property.
D) All of the above.
10) Easements are created by:
A) Implication.
B) Necessity.
C) Prescription.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) There are three kinds of property.
12) Real property can become personal property.
13) Under the common law, innkeepers are held to a strict liability standard for loss to personal property of
transient guests.
14) Land is the most common form of person property.
15) Things such as radio towers, bridges, and water filtration plants are not real property.
16) A freehold estate is where the owner has a present possessory interest in the real property.
17) In tenancy in common, the interests of a surviving tenancy in common pass on to the co-tenants.
18) In a community property state, each spouse has a claim to the fruits of their own labors.
19) In a condominium, each unit owner owns only their particular unit.
20) A quitclaim deed provides the greatest number of warranties and the most protections.
Chapter 9: Family Law
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Under the fault rule:
A) If the prospective groom breaks off the engagement, the prospective bride gets to keep the
engagement ring.
B) If the prospective bride breaks off the engagement, the prospective groom gets the engagement
ring back.
C) Both of the above.
D) None of the above.
2) If the potential groom backs out late in an engagement, he may:
A) Be sued under a breach of contract theory.
B) Counter-sue if he feels he was not to blame.
C) Be responsible for items contracted for the marriage ceremony.
D) All of the above.
3) Generally, all but the following are marriage requirements:
A) Be a certain age, or have parental consent or be emancipated.
B) Be a man and a woman.
C) Have an engagement ring.
D) Obtain a marriage license.
4) Common law marriage exists in several states if:
A) The parties are eligible to marry.
B) The parties voluntarily intend to be husband and wife.
C) The parties live together.
D) All of the above.
5) About what percent of the states have enacted child liability statutes that make the parents financially
liable for the intentional torts of their children?
A) 10
B) 25
C) 50
D) 75
6) Adoption means:
A) State law procedures have been met.
B) Parental rights are terminated.
C) Court approves of the adoption.
D) All of the above.
7) In child custody, the court will weigh the following factors:
A) Ability of the parent to provide the child's emotional needs.
B) Ability of the parent to provide a stable environment.
C) Wishes of the child.
D) All of the above.
8) Under which factors will the court not enforce a prenuptial agreement?
A) Both parties were represented by attorneys.
B) The agreement was entered into just before the marriage.
C) The terms were fair.
D) The agreement does not violate public policy.
9) An antenuptial agreement:
A) Voids the prenuptial agreement.
B) Is an agreement during the marriage that sets forth the distribution of property upon termination of
the marriage.
C) Requires a cheating spouse to give a majority of the marital property on termination of the
marriage.
D) This is not a real legal agreement.
10) In a palimony action the aggrieved party may assert:
A) Emotional distress.
B) Implied contract.
C) Both of the above.
D) None of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The objective rule allows the prospective bride to keep the engagement ring if the engagement breaks
off.
12) A marriage is a legally recognized union between a man and a woman.
13) Emancipation means that the older-age man promises to be responsible for an under-age woman if
allowed to marry.
14) The Defense of Marriage Act provides that a legal marriage is only between a man and a woman and
bars same-sex couples from federal benefits.
15) Most states require a spouse to financially support the other spouse and any children during their
marriage.
16) Couples who live together a long time are a common law marriage even if they didn't intend to be.
17) Interspousal immunity means that a spouse may not testify against their spouse in court.
18) Child neglect occurs when a child feels deprived of a necessity.
19) Surrogate parenting is an established area of law.
20) In a no-fault divorce, the court will determine which spouse caused the divorce.
Chapter 10: Wills, Trusts, and Estates
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) The person who makes the will is called the:
A) Testator.
B) Testatrix.
C) Both of the above.
D) None of the above.
2) Testamentary capacity means that the person making the will must:
A) Be of legal age and sound mind.
B) Be witnessed before two witnesses.
C) Sign or initial every page.
D) None of the above.
3) A will must, generally, be attested to by:
A) The Testator.
B) One competent witness.
C) Two or three competent witnesses.
D) Evidence of video taping.
4) The legal way to make changes to an existing will is through a[n]:
A) Change order.
B) Amendment.
C) Codicil.
D) Power of attorney.
5) A person on his deathbed may make the following type of will:
A) Deathbed will.
B) Dying declaration will.
C) Noncupative will
D) All of the above.
6) A residuary gift means:
A) A gift of the top ten percent of the estate holdings.
B) A portion of every other gift that is handed-out.
C) A gift of anything left over after everything else has been legally handed out.
D) All of the above.
7) Under the doctrine of ademption, the beneficiary:
A) Is redeemed from having to pay estate taxes.
B) Is allowed to select from the best of the property remaining after all taxes and creditors have been
paid.
C) Renounces claim to inherited property.
D) Receives nothing.
8) When a testator distributes the same amount of money to all of his descendents, the method of gifting
is known as:
A) Arbitrary and unfair.
B) Fair and equitable.
C) Per-Stirpes.
D) Per-Capita.
9) When two or more testators execute the same instrument as their will, the document is called a[n]:
A) Illegal document.
B) Reciprocal will.
C) Joint will.
D) None of the above.
10) The elements that courts examine to determine undue influence include the following:
A) The will contains substantial benefit to the beneficiary.
B) The beneficiary caused or assisted in the execution of the will.
C) The will has an unnatural disposition of the testator's property.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) The person who makes the will is called the Testatum.
12) Generally, wills need not be in writing to be valid.
13) Most jurisdictions allow interested parties to act as witnesses to the making of a will.
14) A will may be revoked if the testator intentionally burns or tears the will.
15) A holographic will is one that is captured in computer memory.
16) Gifts in will can be specific, general, or residuary.
17) Under the holding In the Matter of the Estate of Reed, Mr. Reed's holographic will was found to be
legal.
18) Generally, an inheritance may never be renounced.
19) In Opperman v. Anderson the court found that the sold stock converted to cash was not an ademption,
and allowed Anderson and Baker to have the two bank accounts.
20) Videotape or electronic recording can be used to supplement and strengthen a will.
Chapter 11: Business Organizations
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Business organizations include all but the following:
A) LLP.
B) LLC.
C) Free-association.
D) Sole proprietorship.
2) The initials "d.b.a." stand for:
A) Don't bother anyone.
B) Done business already.
C) Doing business as.
D) Did but all.
3) This is not an advantage of a sole proprietorship:
A) Forming the company is easy and low cost.
B) The sole proprietorship is not responsible for the company's contracts or torts.
C) The sole proprietor makes all of the decisions.
D) The sole proprietor receives all of the profits.
4) A business must meet how many criteria to qualify as a partnership under the Uniform Partnership
Act?
A) 1
B) 2
C) 3
D) 4
5) The agreement to form a partnership may be:
A) Oral.
B) Written.
C) Implied.
D) All of the above.
6) A partnership may exist:
A) For a fixed term.
B) For a set time period.
C) Until some event occurs.
D) All of the above.
7) In Zuckerman v. Antenucci the jury found:
A) Pena guilty of malpractice in his treatment.
B) Antenucci not-guilty of malpractice in his treatment.
C) Pena and Antenucci were liable for malpractice.
D) All of the above.
8) The following may be general or limited partners:
A) Natural persons.
B) Partnerships.
C) Corporations.
D) All of the above.
9) RULPA is an acronym for:
A) Recommended Unilateral Longated Partnership Administration.
B) Remonstrated Unified Listed Program Activities.
C) Revised Uniform Limited Partnership Act.
D) None of the above.
10) General partners of a limited partnership have:
A) No liability.
B) Limited liability.
C) Unlimited liability.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) A corporation is the simplest form of business organization.
12) A LLC can easily be sold or transferred.
13) The sole proprietor faces limited liability for contracts and torts of the company.
14) General partners are personally liable for the debts and obligations of the partnership.
15) A business may be a (UPA) partnership if its purpose is non-profit.
16) A partnership agreement can never be created inadvertently.
17) Under the UPA, partners have joint and several liability for torts.
18) Limited partners participate in the management but not in the financing of the partnership.
19) Under RULPA, two or more persons must execute and sign a certificate of limited partnership.
20) The certificate of limited partnership must be filed with the local city government.
Chapter 12: Agency, Employment, and Equal Opportunity Law
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Agency relationships are formed by:
A) Agents.
B) Principals.
C) Both of the above.
D) None of the above.
2) Businesses consist of all but the following types of employment relationships?
A) Employer-employee.
B) Principal-agent
C) Master-servant.
D) None of the above.
3) An agency may arise in the following way:
A) Express agency.
B) Apparent agency.
C) Agency by ratification.
D) All of the above.
4) Agency by ratification occurs when:
A) A person misrepresents themselves as an agent, but is not.
B) The purported principal ratifies the unauthorized act of the agent.
C) Both of the above.
D) None of the above.
5) In undisclosed agency, when the third party is not aware of the agency or the principal:
A) The principal is not liable for the contract with the third party.
B) The agent is not liable for the contract with the third party.
C) The principal and the agent are both liable for the contract with the third party.
D) Any contract would be void, so there would be no liability as to it.
6) Intentional torts include:
A) Assault.
B) Battery.
C) False imprisonment.
D) All of the above.
7) Under the motivation test, the agent will not be liable for torts if his motive was:
A) To avenge a slight.
B) To promote the principal's business
C) To slander his business associate.
D) None of the above.
8) Respondeat superior means:
A) Listen to your boss.
B) Take heed to the employer.
C) Note what management says.
D) Let the master answer.
9) A personal errand on company time is also known as:
A) Break-time.
B) Lunch-time.
C) Frolic and detour.
D) None of the above.
10) Which of the following events terminates the agency?
A) Mutual agreement.
B) Lapse of time.
C) Purpose achieved.
D) All of the above.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) A party who employs another person to act on his behalf is known as an agent.
12) The principal-agent relationship is commonly referred to as an association.
13) Agency contracts that are created for illegal purposes, or are against public policy, are valid and
enforceable
14) An employee is typically an agent of the employer.
15) There is an implied-in-fact contract that can be an exception to employment-at-will.
16) Apparent agency occurs when the agent creates an appearance of an agency.
17) Imposition of liability on agents for the terms of contracts can involve the amount or level of
disclosure made by the agent of the agency.
18) An innocent misrepresentation occurs when an agent negligently makes a misrepresentation to a third
party.
19) The principal generally is not liable for injuries caused by their agents while they are on their way to or
from work.
20) When an agent terminates an agency it is called revocation of authority.
Chapter 13: Credit, Suretyship, and Bankruptcy
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) In a credit transaction, the creditor will usually take a security interest through:
A) The mortgage note.
B) Collateral
C) A high interest rate.
D) All of the above.
2) A creditor would rather be:
A) Unsecured.
B) Totally funded.
C) Secured.
D) Well financed.
3) Judgment-proof means that the creditor:
A) Will likely be able to collect.
B) Has won many lawsuits.
C) May not collect.
D) Is a good litigator.
4)
An improperly recorded document is not effective against:
A) Subsequent purchasers of the real property.
B) Other mortgagees or lienholders who have no notice of the prior mortgage.
C) Both of the above.
D) None of the above.
5) Contractors and laborers that provide time and materials are protected in their investments through:
A) Mechanic's lien.
B) Material person's lien.
C) Both of the above.
D) None of the above.
6) Security interests in personal property are governed by which article of the UCC?
A) 2
B) 4
C) 6
D) 9
7) To be a valid written security agreement, it must:
A) Clearly identify the collateral.
B) Contain the debtor's promise to repay the creditor.
C) Set forth the creditor's rights upon default.
D) All of the above.
8) Financing statements are effective for how many years?
A) 10
B) 15
C) 1
D) 5
9) In a guaranty arrangement, who agrees to pay the debt of the principal debtor?
A) The principal debtor.
B) The guarantor.
C) The codebtor.
D) All of the above.
10) Bankruptcy judges are appointed by the president for how many years?
A) Life
B) 16
C) 14
D) 10
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) In a credit transaction, the borrower is the debtor and the lender is the creditor.
12) Unsecure credit requires collateral.
13) Security means collateral.
14) A mortgage is a three-party instrument.
15) The owner-debtor is the mortgagee.
16) A financing statement is required if the creditor has physical possession of the collateral.
17) In In re Greenbelt Cooperative the court found that Raymond had sufficiently identified the actual
debtor.
18) In a surety arrangement, a third person promises to be liable for the payment of another's debt.
19) In GMAC v. Daniels Seymour was found not liable for John's car loan.
20) The primary purpose of the bankruptcy law is to get debtors to pay back what they owe to creditors.
Chapter 14: Intellectual Property and Internet Law
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) The Economic Espionage Act provides for fines per crime of:
A) $5,000.
B) $50,000.
C) $500,000.
D) $5,000,000.
2) In a successful trade secret action, the plaintiff can:
A) Recover profits.
B) Recover for damages.
C) Obtain an injunction.
D) All of the above.
3) Design patents are valid for how many years?
A) 1
B) 5
C) 9
D) 14
4) The United States follows:
A) The first-to-file rule.
B) The first-to-invent rule.
C) The first-to-perfect rule.
D) The first to design rule.
5) Under the public use doctrine, how long does an item need to be used by the public in order to avoid a
patent issuance?
A) One-year.
B) Two-years.
C) Three-years.
D) Four-years.
6) In copyright, the term writing includes:
A) Books.
B) Sermons.
C) Addresses.
D) All of the above.
7) What event eliminated the need to put the copyright symbol or the word "copyright" on the
copyrighted work?
A) Passage of the 1998 Copyright Elimination Act.
B) The Sonny Bonno Copyright Term Extension Act of 1998.
C) The Berne Convention.
D) None of the above.
8) The fair-use doctrine allows:
A) Use in parody or satire.
B) Brief quotation in news report.
C) Reproduction in work of legislative or judicial proceeding.
D) All of the above.
9) The Digital Millennium Copyright Act imposes up to how much prison time?
A) 1 year.
B) 2 years.
C) 3 years.
D) 5 years.
10) The following is not an example of a trademark:
A) Xerox.
B) IBM.
C) Cola.
D) Intel.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) To receive a patent, the invention must be novel, useful, and nonobvious.
12) Patents for inventions are valid for 10 years.
13) The United States follows the first-to-file rule.
14) The American Inventors Protection Act permits an inventor to file a provisional application.
15) Only tangible things are subject to copyright.
16) Maps can be copyrighted.
17) The Sonny Bonno Copyright Term Extension Act of 1998 extended individual copyright protection for
their life plus 70 years.
18) State copyright law is concurrent with federal law.
19) In Newton v. Beastie Boys the court found that the Beastie Boys' deminimis sampling to be fair-use.
20) The Digital Millennium Copyright Act prohibits unauthorized access to copyrighted digital works.
Chapter 15: Administrative Law, Consumer, Investor, and Environmental Protection
Name:
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the
question.
1) Administrative law is:
A) Substantive law.
B) Procedural law.
C) Both of the above.
D) None of the above.
2) All the following are examples of specific government regulation agencies except:
A) FCC.
B) ICC.
C) FAA.
D) NLRB.
3) An agency may have the following power(s):
A) Legislative.
B) Judicial.
C) Executive.
D) All of the above.
4) The FDA regulates all but:
A) Forestry.
B) Drugs.
C) Cosmetics.
D) None of the above.
5) Adulterated food is:
A) Filthy or putrid.
B) Decomposed.
C) Unfit for food.
D) All of the above.
6) The Nutrition Labeling and Education Act requires about how many more food labels on grocery items
in the store.
A) 2,000
B) 10,000
C) 20,000
D) 30,000
7) False and deceptive advertising violates which section of the act?
A) 2
B) 3
C) 4
D) 5
8) The SEC was created in:
A) 1911
B) 1934
C) 1956
D) 1980
9) A registration statement must contain:
A) The securities being offered for sale.
B) The registrant's business.
C) Pending litigation.
D) All of the above.
10) The following rule deals with insider trading:
A) 3(c)
B) 7(e)
C) 10(b)
D) 12(d)
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.
11) There are more than 250 federal administrative agencies.
12) The delegation doctrine governs the powers that are given an administrative agency.
13) The majority of the federal agencies are part of the executive branch.
14) ALJs preside over administrative proceedings and decide questions of law and fact.
15) The Nutrition Labeling and Education Act applies to fruit, vegetables, and raw seafood.
16) The Consumer Product Safety Commission regulates environmental pollution in indoor areas.
17) The FTC Act prohibits unfair and deceptive practices.
18) Bait and Switch occurs when a low-cost discounted item is advertised and then is switched for a higher
priced item.
19) In securities, the issuer may be a new company offering securities to the public through an initial
public offering (IPO).
20) NEPA requires manufacturing companies to obtain permits for air emissions.
Answer Key: Chapter 1 The Nature of Law and Critical Legal Thinking
1) D
2) D
3) D
4) C
5) A
6) B
7) D
8) B
9) B
10) D
11) FALSE
12) TRUE
13) TRUE
14) FALSE
15) FALSE
16) TRUE
17) FALSE
18) TRUE
19) TRUE
20) FALSE
Answer Key: Chapter 2: The American Court System
1) D
2) D
3) D
4) A
5) B
6) C
7) D
8) D
9) D
10) D
11) FALSE
12) TRUE
13) TRUE
14) TRUE
15) FALSE
16) TRUE
17) FALSE
18) TRUE
19) FALSE
20) TRUE
Answer Key - Chapter 3: Civil Litigation and alternative Dispute Resolution
1) D
2) C
3) C
4) C
5) C
6) D
7) A
8) C
9) B
10) D
11) FALSE
12) FALSE
13) FALSE
14) FALSE
15) FALSE
16) FALSE
17) FALSE
18) FALSE
19) FALSE
20) FALSE
Answer Key - Chapter 4: Criminal Law and Ethics
1) D
2) C
3) D
4) C
5) D
6) C
7) D
8) D
9) C
10) D
11) TRUE
12) FALSE
13) FALSE
14) FALSE
15) FALSE
16) FALSE
17) TRUE
18) FALSE
19) FALSE
20) FALSE
Answer Key - Chapter 5: Constitutional Law and Freedoms
1) B
2) C
3) C
4) C
5) D
6) C
7) C
8) D
9) D
10) D
11) FALSE
12) FALSE
13) TRUE
14) TRUE
15) FALSE
16) FALSE
17) TRUE
18) TRUE
19) FALSE
20) FALSE
Answer Key - Chapter 6: Torts and Product Liability
1) C
2) D
3) C
4) D
5) D
6) C
7) C
8) D
9) D
10) D
11) TRUE
12) FALSE
13) FALSE
14) FALSE
15) FALSE
16) FALSE
17) FALSE
18) FALSE
19) FALSE
Answer Key - Chapter 7: Contracts and E-Commerce
1) D
2) D
3) B
4) D
5) D
6) D
7) D
8) A
9) D
10) D
11) FALSE
12) TRUE
13) TRUE
14) TRUE
15) FALSE
16) TRUE
17) TRUE
18) TRUE
19) FALSE
20) TRUE
Answer Key - Chapter 8: Real and Personal Property
1) B
2) D
3) D
4) D
5) C
6) B
7) A
8) C
9) D
10) D
11) FALSE
12) TRUE
13) TRUE
14) FALSE
15) FALSE
16) TRUE
17) FALSE
18) FALSE
19) FALSE
20) FALSE
Answer Key - Chapter 9: Family Law
1) C
2) C
3) C
4) D
5) C
6) D
7) D
8) B
9) B
10) B
11) FALSE
12) TRUE
13) FALSE
14) TRUE
15) TRUE
16) FALSE
17) FALSE
18) FALSE
19) FALSE
20) FALSE
Answer Key - Chapter 10: Wills, Trusts, and Estates
1) C
2) A
3) C
4) C
5) D
6) C
7) C
8) D
9) C
10) D
11) FALSE
12) FALSE
13) FALSE
14) TRUE
15) FALSE
16) TRUE
17) FALSE
18) FALSE
19) FALSE
20) TRUE
Answer Key - Chapter 11: Business Organizations
1) C
2) C
3) B
4) D
5) D
6) D
7) D
8) D
9) C
10) C
11) FALSE
12) FALSE
13) FALSE
14) TRUE
15) FALSE
16) FALSE
17) TRUE
18) FALSE
19) TRUE
20) FALSE
Answer Key - Chapter 12: Agency, Employment, and Equal Opportunity Law
1) C
2) C
3) D
4) C
5) C
6) D
7) B
8) D
9) C
10) D
11) FALSE
12) FALSE
13) FALSE
14) FALSE
15) TRUE
16) FALSE
17) TRUE
18) TRUE
19) TRUE
20) FALSE
Answer Key - Chapter 13: Credit, Suretyship, and Bankruptcy
1) B
2) C
3) C
4) C
5) C
6) D
7) D
8) D
9) B
10) C
11) TRUE
12) FALSE
13) TRUE
14) FALSE
15) FALSE
16) FALSE
17) FALSE
18) TRUE
19) FALSE
20) FALSE
Answer Key - Chapter 14: Intellectual Property and Internet Law
1) D
2) D
3) D
4) B
5) A
6) D
7) C
8) D
9) A
10) C
11) TRUE
12) FALSE
13) FALSE
14) TRUE
15) TRUE
16) TRUE
17) TRUE
18) FALSE
19) TRUE
20) TRUE
Answer Key - Chapter 15: Administrative Law, Consumer, Investor, and Environmental Protection
1) C
2) D
3) D
4) A
5) D
6) C
7) D
8) B
9) D
10) C
11) FALSE
12) TRUE
13) TRUE
14) TRUE
15) TRUE
16) FALSE
17) TRUE
18) TRUE
19) TRUE
20) FALSE