1.
Agency is a
fiduciary relationship.
A.
True
B.
False
2.
The term “stare
decisis” means “reversing the decision.”
A.
True
B.
False
3.
Offers for both
bilateral and unilateral contracts involve a promise from the offeror.
A.
True
B.
False
4.
A decision from a
state supreme court is binding on a lower state court located in the same
state.
A.
True
B.
False
5.
A decision from a
state supreme court in one state is binding on a trial court judge in another
state if the other state has no applicable law on the issue involved.
A.
True
B.
False
6.
A court must have
two types of jurisdiction to decide any particular case.
A.
True
B.
False
7.
Subject matter
jurisdiction is a court’s power to hear certain kinds of cases.
A.
True
B.
False
8.
Concurrent federal
jurisdiction means both state and federal courts have jurisdiction over a
case.
A.
True
B.
False
9.
To disaffirm a
contract, a minor MUST act before reaching the age of majority.
A.
True
B.
False
10.
A contract remains
executory as long as any party to the contract has not fully performed.
A.
True
B.
False
11.
An offer for a
unilateral contract cannot be accepted by a mere promise to perform.
A.
True
B.
False
12.
Two of the four
basic contract requirements are agreement and signature of the parties.
A.
True
B.
False
13.
An implied in fact
contract is one based on the conduct of the parties.
A.
True
B.
False
14.
Ease and cost of
formation are factors to be considered in the selection of the form under
which a business should operate.
A.
True
B.
False
15.
A person who is not
an employee, who is employed by the principal to perform a certain task on
the principal’s behalf, is an independent contractor.
A.
True
B.
False
16.
Shareholders have
unlimited liability that can exceed the extent of their capital
contributions.
A.
True
B.
False
17.
A general
partnership relieves the general partners of liability for the debts and
obligations of the partnership.
A.
True
B.
False
18.
Limited partners are
liable for partnership debts.
A.
True
B.
False
19.
Physical contact is
not necessary to be liable for the tort of assault.
A.
True
B.
False
20.
A person charged with
a crime in the United States is presumed innocent until proven guilty.
A.
True
B.
False
21.
The surface rights
and the subsurface rights for the same parcel of real property can be owned
by two different persons.
A.
True
B.
False
22.
Truth is an absolute
defense in a cause of action for defamation.
A.
True
B.
False
23.
The judicial branch
has authority to examine the actions of both the legislative branch and the
executive branch to determine whether these acts are constitutional.
A.
True
B.
False
24.
If the federal
government preempts states from regulating in an area, the states may not
continue to pass legislation that conflicts with federal statutes.
A.
True
B.
False
25.
The first 10
amendments that were added to the U.S. Constitution are known as the Bill of
Rights.
A.
True
B.
False
26.
The primary function
of an agent in a principal-agent relationship is to:
A.
Maintain the
principal’s status quo.
B.
Operate as a partner
with the principal.
C.
Enter into contracts
with the principal.
D.
Conduct business on
behalf of the principal.
27.
Which of the
following is true about determining whether someone working for another is an
independent contractor or an employee?
A.
The classification
of the person doing the work depends on that person’s job title.
B.
The classification
of the person doing the work depends on a number of factors, with the degree
of control over that person’s work by the person who is paying for the work
being the most important factor.
C.
The classification
of the person doing the work depends on a number of factors, with no single
factor being any more important than the others.
D.
The classification
of the person doing the work depends on if the person is also an agent.
28.
An agency
relationship can terminated by:
A.
Achievement of the
agency’s purpose.
B.
Mutual agreement.
C.
Occurrence of a
specific event.
D.
All of these.
29.
Imprisonment is
generally imposed to serve all of the following functions except:
A.
Allowing victims to
have a formalized process to meet and confront the criminal.
B.
Deterring others
from engaging in criminal conduct.
C.
Providing a means to
rehabilitate the criminal.
D.
Protecting society
from the person imprisoned.
30.
The two general
elements required in order to prove guilt in a crime are:
A.
Criminal act and
damages.
B.
Criminal act and
physical injury.
C.
Criminal act and
criminal intent.
D.
Criminal act and at
least one impartial witness.
E.
Criminal act and
resultant harm.
31.
Which of the
following would constitute the crime of embezzlement?
A.
The cashier at a
grocery store takes money from his own cash register.
B.
A receptionist who
works in a bank lobby distracts a teller and takes money from the teller
without the teller’s knowledge.
C.
An electrician
working in a client’s home takes $100 from the homeowner’s desk drawer.
D.
A roofing contractor
takes a lawn mower from a homeowner while doing a job for the homeowner.
E.
A self-serve
gasoline customer drives away without paying for the gas.
32.
Identity fraud
typically occurs when:
A.
Someone uses a
fictitious name in place of her real name.
B.
Someone uses the
name and other identifying information of another person to engage in
fraudulent activity.
C.
Someone steals a
ticket with a name associated with it, such as an airline ticket, and uses it
in place of the original owner.
D.
Someone operates
under two or more different names, at least one of which is fictitious.
33.
Which of the
following is true about the crime of bribery?
A.
Only the person who
gives a bribe and is successful at having it accepted can be convicted.
B.
A party who even
considers accepting a bribe can be convicted, as well as the person offering
the bribe, whether or not it is accepted.
C.
A party who actually
accepts a bribe can be convicted, as well as the person offering the bribe,
whether or not it is accepted.
D.
Only the person who
offers the bribe can be convicted, but that person is guilty whether or not
the bribe is accepted.
E.
Only the person who
receives the bribe can be convicted.
34.
Which of the
following is not one of the general categories of torts?
A.
Rational.
B.
Strict liability.
C.
Negligence.
D.
Intentional
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