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50 Cards in this Set

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Michael bought a pair of cotton walking shorts at Ross. John, the salesperson, told him the walking shorts were guaranteed not to fade if washed in cold water by hand. Michael washes the shorts according to John's instructions and they fade. Which of the following is correct?
B - John has apparent authority to make warranties such as the one he made. Therefore, the store is bound
The crime of larceny includes in its definition:
B - the trespassory taking and control of personal property
If a person dies interstate, his property will be:
D - distributed as prescribed by the state
(intestate = no will)
The _________ Amendment prohibits excessive bail, excessibe fines and cruel or unusual punishment
D - eighth
A recorded communication that meets the test of defamation may also be categorized as:
B - slander
In an interview the interviewer may legally ask the applicant about the following:
E - none of the above (his or her marital status; applicant's child care arrangements; name of nearest relative; country born)
Active recruitment of minority applicants to meet hiring goals is termed ____:
A - affirmative action
Under the Age Discrimination in Employment Act:
C - an employer is covered by the Act if he has 20 or more employees
Arthur fired a gun in the middle of the desert. He intended to fire the gun, but had no reason to believe anyone else was in the area. The bullet his Bob, who happened to be riding his ATV across the desert.
C - it is unlikely that Arthur has the necessary intent to commit an intentional tort
Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking the door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:
A - She will lose if there was another exit she could have used
Which of the following debts would be discharged in bankruptcy?
A - consumer credit loans for a stove
Which of the following debts are dischargeable in a Ch. 7 bankruptcy proceeding?
D - all of the above (a $10,000 judgment that has not yet been executed; medical expenses of $25,000; credit card debts of $15,000 from two years ago)
Mickey Mouse has an allowed claim of $5,000 against the estate of Donald Debtor and has a security interest in his art collection in the amount of $3,000 of the $5,000 claim.
C - Mickey has a secured claim in the amount of $3,000 and an unsecured claim in the amount of $2,000
Under the Equal Pay Act of 1963:
B - a man could be paid more than a woman for the same kind of work if he produced more on a piece rate basis
Which of the following would NOT be a violation of the American WIth Disabilities Act? An employer refuses to hire an applicant for a job because the person is:
D - none of the above is a violation of the American With Disabilities Act (too old; has had an addiction to drugs but is now rehabilitated; is grossly obese)
The Family and Medical Leave Act of 1993:
E - All of the above (applies to private employers with 50 or more employees; applies to governmental employers; allows up to twelve weeks per year of leave for childbirth, adoption or serious health conditions of a spouse, child or parent; states that the leave may be paid, unpaid or a combination of both)
Cal sprayed pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the likely result?
D - Cal is not liable for the damage because of contributory negligence
Which of the following is/are considered to be conduct that will invalidate a will?
D - All of the above (duress; undue influence; fraud)
Barbara's lawyer has been the family's attorney for many years. If Barbara assigns 50% of her inheritance to him in thanks for the years of splendid service, can he take the money?
B - only if he can prove good faith and no undue influence
A statement signed by the required number of witnesses who observe the execution of a valid will is called a/an:
C - Attestation clause
A will that is oral and made because one thinks he is dying is called a _______ will:
A - nuncupative
The administration of the assets of the deceased and the proving of the validity of the will are determined in:
A - probate proceedings
The Fair Labor Standards Act provides:
D - all of the above (no child under 14 may be employed in non farm work except for newspaper deliver persons and child actors; wage and hour requirements for covered employers; exemptions for professionals, managers, and outside sales persons from the wage and hour requirements)
An involuntary petition in bankruptcy:
B - may only be filed under Chapter 7 or 11
In 1998, the U.S. Supremem Court handed down three rulings on sexual harassment that declared:
A - same-sex sexual harassment is actionable under Title VII's prohibition against discrimination because of sex
The main purpose of the Bill of Rights was to?
C - provide for restrictions on the power of the federal government
The intermediate test, applied to governmental action based on gender and "legitimacy":
D - requires that men and women be treated exactly the same with regard to governmental action
________ jurisdiction refers to the authority of a particular court to judge a controversy of a particular kind.
B - subject matter
The concept in the Constitution that specifies that federal law will take precedence over conflicting state laws is known as:
C - the supremacy clause
Which statement is NOT true regarding the rulemaking authority of an administrative agency?
C - an administrative agency cannot enforce a legislative rule until after the legislature (Congress) has voted to approve it by a majority vote
Which of the following is NOT true of a criminal lawsuit?
C - a criminal suit typically results in a repayment to the victim {this is civil}
The elements of a negligence cause of action are:
C - duty, breach, proximate cause, and injury
Arthur doesn't like Bradley so he spread untrue rumors about his personal lifestyle and bizarre sexual practices at a dinner party. These rumors harm Bradley's reputation in the community.
B - Arthur is guilty of slander
The apprehension of immediate bodily contact that is harmful or offensive is the tort of:
A - assault
the common law would cover all of the following situations except
C - a contract for the sale of goods between a parts salesperson and a buyer
The requirements for a valid contract are:
B - mutual assent, consideration, capacity and legality
Bill Businessman wants to buy a new car. He goes to the bank to get a loan for the purchase, and signs an agreement to pay $10.00 per month in premiums on a term life insurance policy which names the bank as the recipient of the policy proceeds in the event of his death before the loan is repaid. the bank is a/an:
B - creditor benificiary
Which of the following is correct with regard to duress?
A - it always renders a contract void since there was no intent to enter into a contract
Which of the following situations would NOT be enforceable due to a lack of consideration?
B - an agreement to pay your friend $500 because you found when you returned from vacation that he had painted your house while you were gone
Mr. Brown is a hair colorist who owns a specialty beauty shop, "Roots to Dye For" in Houston. He clients are all elderly Houston women who live in constant fear of having gray hair. He decides to sell his shop, and of the sales agreement has a non-competition clause that he will not open a beauty shop anywhere in the state of Texas for the next ten years. If challenged, the courts would probably
C - NOT uphold the non-competition clause because it is an unenforceable restraint of trade but enforce the remainder of the agreement
Tom, who is 16 years old, purchases an expensive sound system from Circuit City. This transaction is
C - voidable by Tom because he is a minor
Which of the following contracts does NOT need a writing to satisfy the Statute of Frauds?
C - contracts for plumbing services over $500
Madonna enters into a contract to perform at the next Super Bowl football game. However, after she accepted the contract, she changed her mind. Not wanting to be sued for breach of contract, she contacted the monkees and arranged for them to perform in her place and receive the fee which she would have been paid. which statement is correct regarding this transaction?
C - the is NOT a proper assignment of the contract and delegation of the duties because it is personal in nature and involves a special skill
Which arguments oppose business involvement in socially responsible activities?
D - All of the above (lack of corporate focus on profitability; unfairness because funds are diverted from the shareholders; lack of accountability)
The UCC greatly alters the common law doctrine of substantial performance/material breach by adopting the __________
A - perfect tender rule
Vladimir entered into a contract to buy Daniel's collection of rare stamps. Vladimir mailed payment of $10,000 for the stamps to Daniel, but now Daniel tells Vladimir, "I'll never part with these stamps." Vladimir would most likely ask the court to order:
B - specific performance
Title VII of the civil rights act of 1964 would prohibit discrimination for all of the following situations except because the applicant was:
D - 58 years old {that's the 1998 Act}
Which statement is TRUE regarding an agency relationship?
C - an employment relationship is a type of agency
A duty of _______ requires the agent to act in the principal's affairs only as authorized by the principal and to obey all reasonable instructions and directions given by the principal
B - obedience
Acting through an agent, a principal and third party enter into a contract. Which of the following statments is incorrect?
B - the principal will never be contractually bound to a 3rd party if the agent acts without actual authority