Law 531 All Quizzes Week 1 To Week 6

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LAW 531 All Quizzes - Week 1 to Week 6

LAW 531 Week 1 Quiz

1. The Black Squirrel limited partnership has been in operation for many years, but has recently fallen on hard times. The partners have decided to dissolve, although there are few assets remaining in the partnership. Shortly after the partnership filed its certificate of limited partnership, the partners had foresight to incorporate into their partnership agreement a provision that, in the event of dissolution, the assets would be distributed in payment of claims first to limited partners, then to general partners, then to creditors. Hilda is a limited partner and feels relieved that she will receive at least a portion of her capital. Henry, one of the general partners, said that this provision is void and unenforceable. Which of the following best describes the situation?

1. The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on equal footing and ahead of creditors.
2. The distribution of assets in the event of dissolution is one of the few provisions where the Revised Uniform Limited Partnership Act does not allow modification.
3. The distribution, as called for in the agreement, would be enforceable if it had been included in any filings related to the limited partnership.
4. The provision placing partners ahead of the creditors is not enforceable, but the priority of limited partners over general partners is enforceable.
5. It provides that arbitration agreements are valid, irrevocable and enforceable.
6. It permits an appeal for all arbitration awards.
7. It applies only to breach of contract disputes.
8. It governs all types of alternative dispute resolution.
9. A mediator does not make a decision or an award.
10. If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
11. A settlement agreement is never reached with a mediator.
12. Was created by the Federal Mediation Act of 1925.
13. A corporation is a separate legal entity.
14. Corporation shareholders are subject to unlimited personal liability.
15. A corporation terminates upon the death of an owner.
16. Corporation owners are only taxed once on earnings.
17. Arbitration
18. Mini-trial
19. Mediation
20. Conciliation
21. To contest the local court rules
22. To facilitate the settlement of a case
23. To conduct discovery for a case
24. To structure a settlement payment schedule.
25. Appealable
26. Mediation
27. Arbitrator discretion
28. Binding arbitration

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1. The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on equal footing and ahead of creditors.
2. The distribution of assets in the event of dissolution is one of the few provisions where the Revised Uniform Limited Partnership Act does not allow modification.
3. The distribution, as called for in the agreement, would be enforceable if it had been included in any filings related to the limited partnership.
4. The provision placing partners ahead of the creditors is not enforceable, but the priority of limited partners over general partners is enforceable.
5. It provides that arbitration agreements are valid, irrevocable and enforceable.
6. It permits an appeal for all arbitration awards.
7. It applies only to breach of contract disputes.
8. It governs all types of alternative dispute resolution.
9. A mediator does not make a decision or an award.
10. If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
11. A settlement agreement is never reached with a mediator.
12. Was created by the Federal Mediation Act of 1925.
13. A corporation is a separate legal entity.
14. Corporation shareholders are subject to unlimited personal liability.
15. A corporation terminates upon the death of an owner.
16. Corporation owners are only taxed once on earnings.
17.

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1. Each general partner would receive $50,000, and each limited partner would receive $100,000.
2. All partners would receive $75,000, regardless of whether he or she is a general or a limited partner.
3. Each general partner would receive $30,000, and each limited partner would receive $120,000.
4. Each general partner would receive $120,000, and each limited partner would receive $30,000.
5. A resolution may or may not be reached
6. One party usually drops the case
7. A judicial referee makes recommendations to the parties
8. Parties can introduce evidence to support their case.
9. Franchise
10. Limited Liability Partnership (LLP)
11. Limited Liability Company (LLC)
12. S-Corporation
13. Each shareholder of the corporation will be treated as a limited partner of the limited partnership
14. The liability of the corporate general partner will be limited to the amount of its assets
15. Each shareholder of the corporation will be treated as a general partner of the limited partnership
16. The limited liability of the corporation will result in the limited partners having greater liability that they would otherwise.
17. Mary can file a negligence lawsuit against the dealership that sold Jon his car.
18. Mar can file a strict liability suit against John
19. John can file a negligence lawsuit against the dealership from which he bought the car.
20. Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.
21. Ongoing
22. One-time
23. Informal
24. Static
25. Defect in design
26. Failure to provide adequate instructions
27. Failure to warn
28. Defect in manufacture
29. People, systems, and processes working together across the organizations to systematically thin about and manage a wide range of risks that could impede achieving organizational objectives/ opportunity.
30. Management of a single function of an organization that, upon implementation and testing, is then processed entity wide
31. A process affected by an entity’s leaders, management, and other personnel that is designed to identify potential events that may affect the entity, and to manage risk
32. An approach that capitalizes on human intervention as processed through real change leaders.
33. Was it foreseeable to the plaintiff that the defendant would engage in this conduct?
34. Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?
35. Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?
36. Was it foreseeable that the defendant was the cause of plaintiff’s injuries given the nature of those injuries?
37. Professional malpractice
38. Disparagement
39. Assault
40. Intentional misrepresentation
41. A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries.
42. If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence
43. Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence
44. The plaintiff will have to elect whether to sue under comparative or contributory negligence.
45. Negligence
46. Misrepresentation
47. Fraud
48. Nuisance
49. Quality control doctrine
50. Defective design doctrine
51. Crashworthiness doctrine
52. Failure to design doctrine
53. Failure to properly design the product
54. Failure to include adequate instructions for the product
55. Failure to properly test the product
56. Failure to properly package the product.
57. Intentional misrepresentation
58. Tort of appropriation
59. Misappropriation of the right to publicity
60. Disparagement
61. Jerry, a professional football player who earns $2 million a year
62. All the men recover the same amount of damages, irrespective of their income or profession
63. George, a retired professor who gets a pension of $50,000 a year
64. Harry, a chartered accountant who earns $200,000 a year
65. Made the product unreasonably dangerous
66. The defendant was aware of
67. Was caused by the defendant
68. Affect the value of the product
69. Strong investment strategies
70. Nondisclosure agreements
71. Management commitment
72. Legal counsel
73. Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting
74. Merchants are protected from product disparagement claims of their competitors
75. Merchants are protected from negligence claims on their business premises
76. Merchants are protected from the intentional torts of their customers.
77. Assault
78. Libel
79. Battery
80. Disparagement
81. Disparagement
82. Invasion of privacy
83. Slander
84. Libel
85. Contributive negligence
86. Comparative negligence
87. Assumption of task
88. Strict liability
89. Malicious intent is required for a disparagement case, but is not required in the defamation case
90. Publication to a third party is required in the defamation case, but not in the disparagement case
91. Malicious intent is required for the defamation case, but not in the disparagement case
92. Publication to a third party is required in the disparagement case, but not in the defamation case
93. The plaintiff was involved in an abnormally dangerous activity
94. The defendant gave advance warning to the plaintiff that an injury would occur
95. The plaintiff knowingly and willingly subjected herself to a risky activity
96. The plaintiff is more at fault than the defendant causing the accident
97. The inventor has to test his invention in the public domain, to measure its validity, before being granted a patent
98. A patent will not be granted if the invention was already in public use for one year before filing application
99. An invention cannot be used in the public domain prior to it being granted a patent
100. The invention will come into the public domain once its time period has expired
101. The doctrine of Quantum merit
102. The doctrine of implied-in-law contract
103. The express contract doctrine
104. The doctrine of formal contracts
105. Mary pays Bob for painting her house
106. Mary promises to pay Bob if Bob promises to paint her house
107. Mary pays Bob for Bob’s promise to paint her house on Saturday
108. Bob paints Mary’s house and Mary promises to pay Bob on Saturday.
109. A promise made in a contract must be an express promise in order to be valid
110. A party to a contract cannot promise to provide illegal consideration
111. A gift promise made in an estate is valid and legal
112. A party to a contract cannot withdraw a promise if the other party to the contract relied upon the promise to his or her detriment.
113. Express contract
114. Quasi contract
115. Implied-in-fact contract
116. Implied-in-law contract
117. Mislaid property
118. Stolen property
119. Lost property
120. Abandoned property
121. The voluntary performance rule
122. The mirror image rule
123. The public law rule
124. The lapse of time rule
125. Wildboards cannot stop competitors from using the term “rollerboard” for their products.
126. Competitors must pay royalties to Wildboards for using the term “rollerboard”.
127. Wildboards can no longer use the name Rollerboard on its boards.
128. Competitors must put a disclaimer on their boards that they are not the original Rollerboards.
129. Mediation
130. Negotiation
131. Arbitration
132. Med-Arb
133. Ask for transfer of any of the offender’s patents to the plaintiff
134. Obtain the offender’s trademarks or brand name as payoff
135. Ask to acquire the offender’s trade secrets as payoff
136. Obtain an injunction prohibiting the offender from divulging the trade secret
137. Statute of Limitations
138. Common Law Statute
139. Statute of Verbal Contracts
140. Statute of Frauds
141. Legal value must be given and there must be a bargained-for exchange
142. Money must be received and a promise fulfilled
143. Money must be paid and fund received
144. Legal value is appropriate and the value is paid
145. A buyer and seller
146. An offeror and offeree
147. A breaching party and a non-breaching party
148. An initiator and a responder
149. Minerals in the subsurface
150. Buildings and improvements on the land
151. Improvements under the land
152. Building fixtures on the land
153. The property owner gets to keep all of the improvement and is not required to pay for it.
154. The party who made the improvement must remove all easily removable improvements, paying any damages from the removal; otherwise the owner of the property gets to keep the improvement and is not required to pay for it.
155. The party who made the improvement can remove it if this is possible; otherwise, the owner of the property must keep the improvement and pay the party who improved it the reasonable value of the improvement.
156. The property owner gets to keep the improvement in all cases, but must pay the part who improved it the reasonable value of the improvement.
157. Financing of consumer goods
158. Sale of commercial goods
159. Sale of goods and lease of goods
160. Sale of real property
161. Liquidated damages
162. Compensatory damages
163. Consequential damages
164. Restitution
165. Personal, real, real
166. Real, real, personal
167. Real, personal, real
168. Personal, personal, real
169. $50 or more
170. $1,000 or more
171. $500 or more
172. $200 or more

INCLUDES WEEK 4, WEEK 5, WEEK 6 QUIZZES