Here it goes:
) A city ordinance requires that "cars stop for pedestrians in crosswalks," but does not provide a definition for a pedestrian. Dan Driver is cited for not stopping for someone crossing the crosswalk on a skateboard. The court determines that "pedestrian" as used in the ordinance includes persons on skateboards. Which is most likely true?
A) In the future, this ordinance will be interpreted to include persons on skateboards within the definition of pedestrian.
B) Other judges in the future will be free to decide whether or not persons on skateboards are included within the definition of pedestrians in this ordinance.
C) The judge's decision would prevent the city from revising the ordinance to exclude persons on skateboards from the definition of pedestrians.
D) In all other statutes where the term pedestrian is used, it must be interpreted to include persons on skateboards.
2) Judges for federal courts are selected:
A) By nationwide election.
B) By the Supreme Court justices.
C) By the President, subject to confirmation by the Senate.
D) By election by the voters within the state where they preside.
3) Someone who is not a party to a lawsuit but who has an interest in the outcome and therefore wants to become a party to the suit must:
C) Await the outcome of this trial and then file a separate action.
4) The two main functions of the U.S. Constitution are to:
A) Protect individual rights and establish the Electoral College.
B) Create the three branches of government and protect individual rights.
C) Create the three branches of government and promote a strong economy.
D) Create the three branches of government and create the individual states.
5) Which of the following is correct about the World Trade Organization (WTO)?
A) The WTO adopted a judicial-based dispute resolution system to replace the politically oriented system in place previously.
B) Only a few nations have a representative on the WTO dispute settlement body.
C) Parties to a dispute have a veto power over any decision reached by the WTO.
D) The WTO was created in the 1940s.
6) Under merchant protection statutes:
A) Reasonable grounds for detainment are necessary only if the period of detainment is long.
B) Merchants do not have a duty to investigate suspected actions of the suspect because this is the duty of the police.
C) Any investigations and the period of detainment must both be reasonable.
D) The length of detainment is not relevant if there are reasonable grounds for detainment.
7) The doctrine that imposes liability on a seller of a product only if the seller sold the defective product directly to the injured party is known as:
A) Privity of contract.
B) Resolution of contractual relationships.
C) Doctrine of merchants' liability limitations.
D) Doctrine of direct commercial contacts.
8) The public use doctrine is also called.
A) One-year "on sale" doctrine
B) Public utility.
C) Limited label license doctrine.
D) Patent infringement.
9) The theory of business social responsibility that holds that the obligation of a business is to earn a profit while not harming others, or if it does cause harm, to compensate the victims for the harms caused, is:
A) Stakeholder interests.
B) Maximizing profits.
C) Moral minimum.
D) Corporate citizenship.
10) Today, under the modern law of contracts:
A) The central theme is freedom of contract.
B) The courts apply legal theories that allow some oppressive or otherwise unjust contracts to be avoided.
C) The United States has a laissez-faire approach to the law of contracts.
D) Parties to a contract generally deal with one another face to face and have equal knowledge and bargaining power.
11) Jill asks Jack to give her an estimate of the price of building a fence around her orchard. Jack inspects and measures Jill's apple orchard and gives Jill an estimate of $1,000. Jill agrees to the price and they sign a contract. Jill, however, had wanted a fence around her peach orchard, which is much larger than the apple orchard on which Jack based his estimate. Jack says he cannot build a fence around the peach orchard for $1,000, but Jill wants to hold Jack to the $1,000 for a fence around the peach orchard. If there is no way to determine which orchard was intended to be fenced, this is most likely a case of:
A) Innocent misrepresentation.
B) Mutual mistake.
C) Fraud in the inducement.
D) Unilateral mistake.
12)Title transfers to buyer
A) when goods are tendered by carrier if FOB destination.
B) upon buyer's receipt of documents of title if title delivery is required.
C) when goods are delivered to carrier if FOB shipping point.
D) all of the above.
13) Internet domain names are assigned:
A) By Network Solutions, Inc., and other authorized companies.
B) By the Patent and Trademark Office.
C) By Network Solutions, Inc., only.
D) By a subagency of the Commerce Department.
14) Mary is a partner in the Flatirons partnership. The partnership agreement provides that no partner may withdraw from the partnership for 10 years. Mary attempts to withdraw from the partnership before the 10-year period is up. Which of the following statements best describes this situation?
A) This is a wrongful dissolution; the partnership will be dissolved, but Mary will be liable for any damages caused by it.
B) Because Mary could not withdraw from the partnership, her action is treated as an assignment of her partnership interest.
C) Because Mary could not withdraw from the partnership, there is no dissolution.
D) This clause of the partnership agreement is unenforceable, thus the dissolution is proper.
15) An organizational meeting of the initial directors of a corporation:
A) Must be held after the filing of the articles of incorporation.
B) Must be held only if there is business that needs to be transacted, and any such meeting must occur after the articles of incorporation have been filed.
C) Must be held prior to the filing of the articles of incorporation.
D) Must be held, but can occur before or after the filing of the articles of incorporation.
16) After a thorough investigation, the directors of DOT.COM decided to expand their business into Internet television. The expansion proved unsuccessful and DOT.COM lost $1.5 million on the venture. Which statement is correct?
A) The directors will not be personally liable for the loss because corporations have limited liability.
B) The directors will be personally liable for the loss because directors are responsible for making policy decisions.
C) The directors will not be personally liable for the loss because the expansion decision was an honest mistake of judgment.
D) The directors will be personally liable for the loss because the loss is directly attributable to the expansion decision.
17) What must be filed in order to form a limited liability company?
A) Articles of organization.
B) Articles of incorporation.
D) Certificate of limitation.
18) A principal gives an agent express authority to "get his car running right." The authority that the agent has to enter into contracts for the purchase of auto parts is:
A) Implied authority.
B) Apparent authority.
C) Inherent authority.
D) Authority by estoppel.
19) Megan is younger than 18 years of age and wants to get a job. However, she has heard that her employment is limited because she is under age. Which of the following statements is true?
A) If Megan is younger than 14, she cannot get any job.
B) If Megan is younger than 18, she can get any job she wants, as long as her parents consent.
C) If Megan is 16 or 17, she can work unlimited hours in nonhazardous jobs.
D) If Megan is 14 or 15, she can work unlimited hours in nonhazardous jobs.
20) City A adopted a rule that all employees of City A had to live within the city limits. City A is right next to City B. City A has no African Americans, but one-third of the residents of City B is African American. Due to the rule, no employee of City A is African American. The rule is most likely:
A) Disparate impact discrimination from a facially neutral rule.
B) Pattern of practice of discrimination.
C) National origin discrimination.
D) Disparate treatment discrimination.
21) Which of the following statutes provides that it is legal for employees to organize?
A) The National Labor Relations Act.
B) The Norris-LaGuardia Act.
C) The Labor-Management Relations Act.
D) The Worker Adjustment and Retraining Notification Act.
22) The distinguishing feature of a common law system is:
A) Using juries to decide cases.
B) Requiring guilt to be proven beyond a reasonable doubt.
C) Having an appeal process.
D) Following precedent in making decisions.
23) Which of the following is true about the lower federal courts?
A) There is at least one federal district court in each state.
B) There are thirteen federal appellate court circuits, with most circuits covering several states.
C) Each state has at least one appellate court circuit to itself.
D) Both A and B.
24) Paul and Dan are involved in a traffic accident at an intersection where there is a traffic circle, but no posted signs or traffic lights. They are in agreement as to everything that happened in the accident, including the locations of the two cars and the timing of events leading to the accident. Based on their pleadings and on information obtained during discovery, the only dispute they have is the interpretation of the state law affecting who had the right of way when they collided. The appropriate motion for one of the parties to file is:
A) Motion for summary judgment.
B) Motion for dismissal.
C) Motion for judgment on the pleadings.
D) Motion for judgment n.o.v.
25)With respect to commercial speech, the government can:
A) Subject it to time, place or manner restrictions, but not prevent it.
B) Prevent it if the Congress and the President agree.
C) Not regulate because commercial speech is fully protected.
D) Restrict or prevent it, so long as the speech does not have political content.
26)Which of the following is the correct order, from most to least important, of the sources considered by most courts in settling questions of international law?
A) Treaties, customs, conventions, comity.
B) Conventions, comity, customs, general principles of law.
C) Treaties, customs, general principles of law, comity.
D) Conventions, treaties, comity, customs.
27) The legal effect of the presence of a superseding event is that:
A) Intent must be proven in addition to the elements of negligence.
B) The plaintiff and defendant will share liability.
C) The defendant is not liable even if the plaintiff has proved all the elements of negligence.
D) The burden of proof shifts from the plaintiff to the defendant.
28) Which of the following is not a typical way that a manufacturing defect arises?
A) Failure to properly engineer the product.
B) Failure to properly check the quality of the product.
C) Failure to properly test the product.
D) Failure to properly assemble the product.
29) For which of the following is protection able to be extended by filing an application to renew?
A) Patents only.
B) Copyrights and trademarks.
C) Trademarks only.
D) Patents and trademarks.
30) Where the operator of a water-oriented amusement park refused to make the final payment to a contractor who was not licensed to operate in California, the court:
A) Ordered that the contractor could not enforce payment even though this was an injustice to the contractor in the circumstances of the case.
B) Ordered the final payment to be made because it would be unethical to allow the park to benefit from the contractor's lack of a license. C) Ordered the contractor to refund earlier amounts received because of its lack of a license.
D) Ordered the contractor to obtain a license to operate in California, at which time it would be entitled to payment for the past work that had been done.