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?
- The provision placing limited partners ahead of general partners is unenforceable, thus all partners would be on equal footing and ahead of creditors.
- 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.
- The distribution, as called for in the agreement, would be enforceable if it had been included in any filings related to the limited partnership.
- The provision placing partners ahead of the creditors is not enforceable, but the priority of limited partners over general partners is enforceable.
2. Which of the following is true of the Federal Arbitration Act?
- It provides that arbitration agreements are valid, irrevocable and enforceable.
- It permits an appeal for all arbitration awards.
- It applies only to breach of contract disputes.
- It governs all types of alternative dispute resolution.
3. Which of the following is true regarding mediation?
- A mediator does not make a decision or an award.
- If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
- A settlement agreement is never reached with a mediator.
- Was created by the Federal Mediation Act of 1925.
4. Which of the following is true of a corporation?
- A corporation is a separate legal entity.
- Corporation shareholders are subject to unlimited personal liability.
- A corporation terminates upon the death of an owner.
- Corporation owners are only taxed once on earnings.
5. Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
- Arbitration
- Mini-trial
- Mediation
- Conciliation
6. Which of the following of one of the major purposes of a settlement conference?
- To contest the local court rules
- To facilitate the settlement of a case
- To conduct discovery for a case
- To structure a settlement payment schedule.
7. When parties agree in advance to adhere to an arbitrator’s decision and award, it is known as
- Appealable
- Mediation
- Arbitrator discretion
- Binding arbitration
8. George has served Mary with a complaint alleging breach of contract. Mary has never been sued before and as such, she seeks your advice on what to do with the complaint. You advise that she
- should not respond to George’s complaint as an answer implies an admission
- answer George’s complaint by admitting or denying the allegations George has asserted against her
- write a letter to the judge saying that George is mistaken
- answer George’s complaint but do not provide any affirmative defenses that George can use against her
- 9. Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop because business was so bad. At that time, the business assets totaled $50,000, but the business liabilities totaled &125,000. Which of the following statements is true?
- Once Martha terminates the sole proprietorship, she is no longer liable for the $50,000.
- Martha’s business creditors can collect only the $50,000 now. But if Martha ever goes into business again, they can get the assets of the new business
- Martha’s business creditors can collect only the $50,000 of business assets.
- Martha is personally liable for the additional $75,000 owed to business creditors.
10.Which of the following is true in the creation of a general partnership?
- The business must have the names of all the partners
- The name selected cannot indicate that it is a corporation
- The business name cannot be a fictitious name
- The business cannot operate under a trade name.
11. Which of the following is true about the choice of business entity for an entrepreneur?
- The choice is determined by the Internal Revenue Service based on all the facts and circumstances
- The choice is determined solely by whether the primary business is services or goods.
- The choice takes into account many factors; including finding an option that has all the characteristics desired.
- The choice is determined solely by the amount of capital invested.
12.Fred and Ginger are general partners in a business. They decide to purchase a building for the partnership. Ginger will put up the money for the building, and Fred will complete the remodeling. While inspecting the building, Fred is informed that the building is packed full of asbestos. He fails to tell Ginger of the presence of the substance. The buy the building and go into the business. During the remodeling of the building, people from the neighborhood begin complaining about the dust from the building. Some of them even threaten to sue. Who is liable?
- Neither Ginger nor Fred are liable personally, nr is the partnership, as they did not put the substance in the building.
- Both Ginger and Fred are liable, regardless of the circumstances, by virtue of the fact that they are partners.
- Ginger is liable because she is the one who purchased the building. Fred is not liable, even though he had actual knowledge, because he did not purchase the building.
- Fred is liable because he was put on notice of the presence of the substance. Ginger is not liable because she did not have actual knowledge.
13. There are two general partners, each of whom contributes $5,000 in capital to a limited partnership. There are two limited partners each of whom contributes $20,000. The total amount of capital contributed is $50,000. The limited partnership agreement does not stipulate how profits and losses are to be allocated. Assume that the limited partnership makes $300,000 in profits. Under the Revised Uniform Limited Partnership Act (RULPA), how much would each partner receive?
- Each general partner would receive $50,000, and each limited partner would receive $100,000.
- All partners would receive $75,000, regardless of whether he or she is a general or a limited partner.
- Each general partner would receive $30,000, and each limited partner would receive $120,000.
- Each general partner would receive $120,000, and each limited partner would receive $30,000.
14.Which of the following is true of arbitration?
- A resolution may or may not be reached
- One party usually drops the case
- A judicial referee makes recommendations to the parties
- Parties can introduce evidence to support their case.
15.Which type of business formation is typically reserved for professionals such as accountants, lawyers, and doctors?
- Franchise
- Limited Liability Partnership (LLP)
- Limited Liability Company (LLC)
- S-Corporation
16.What us the effect of having a corporation as the general partner of a limited partnership?
- Each shareholder of the corporation will be treated as a limited partner of the limited partnership
- The liability of the corporate general partner will be limited to the amount of its assets
- Each shareholder of the corporation will be treated as a general partner of the limited partnership
- The limited liability of the corporation will result in the limited partners having greater liability that they would otherwise.
LAW 531 Week 2 Quiz
1. Mary was getting a ride home in John’s new car. On the way, a malfunctioning brake caused an accident and both Mary and John were injured. Which of the following statements is true of the situation?
- Mary can file a negligence lawsuit against the dealership that sold Jon his car.
- Mar can file a strict liability suit against John
- John can file a negligence lawsuit against the dealership from which he bought the car.
- Mary can recover damages for her injury under a theory of strict liability against the manufacturer of John’s car.
2. Select the option which best completes this statement: Enterprise Risk Management is most effective when it is a(n)___________ process.
- Ongoing
- One-time
- Informal
- Static
3. Dorothy purchases a chair that was made by Woode Designs, Inc. While making the chair, the legs were not fixed properly to the base. When Dorothy sits on the chair, it breaks and she is injured. In a strict liability lawsuit, which of the following can Dorothy cite as a defect in the chair?
- Defect in design
- Failure to provide adequate instructions
- Failure to warn
- Defect in manufacture
4. Which of the following statements below best describes the concept of Enterprise Risk Management?
- 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.
- Management of a single function of an organization that, upon implementation and testing, is then processed entity wide
- 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
- An approach that capitalizes on human intervention as processed through real change leaders.
5. Which of the following is the best statement of the test applied in determining if a defendant’s actions were the proximate cause of the plaintiff’s injuries?
- Was it foreseeable to the plaintiff that the defendant would engage in this conduct?
- Was the injury foreseeable to the plaintiff prior to the injury’s occurrence?
- Was it foreseeable that the defendant’s conduct would lead to the kind of injury that the plaintiff suffered?
- Was it foreseeable that the defendant was the cause of plaintiff’s injuries given the nature of those injuries?
6. Bartie’s Inc. sells watercolors and pastels that are marketed as safe for use by children. However, several accounts of lead poisoning were reported in children who used the products. An investigation revealed that the company was knowingly manufacturing colors that contained toxic amounts of the heavy metal. Which of the following torts has Bartie’s Inc. committed?
- Professional malpractice
- Disparagement
- Assault
- Intentional misrepresentation
7. A plaintiff wants to sue a defendant under a tort theory of negligence for his injuries, but the plaintiff knows he was partially at fault for his own injuries. Which of the following is true?
- A state whose law applies contributory negligence will not allow the plaintiff to recover if the plaintiff has any fault for his injuries.
- If the plaintiff’s fault is only 5 percent, his recovery will be the same under either pure or partial comparative negligence
- Because the plaintiff is partly at fault, he will not be able to recover under either comparative or contributory negligence
- The plaintiff will have to elect whether to sue under comparative or contributory negligence.
8. Diane bought an action figure for her son David from Terrence’s Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence’s Toy Shop for damages?
- Negligence
- Misrepresentation
- Fraud
- Nuisance
9. The failure to design an automobile that will properly protect the occupants from a person’s body striking something inside their automobile is known as
- Quality control doctrine
- Defective design doctrine
- Crashworthiness doctrine
- Failure to design doctrine
10. Which of the following is a defect in manufacture?
- Failure to properly design the product
- Failure to include adequate instructions for the product
- Failure to properly test the product
- Failure to properly package the product.
11. Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for
- Intentional misrepresentation
- Tort of appropriation
- Misappropriation of the right to publicity
- Disparagement
12. George, Jerry and Harry are passengers on a flight from Chicago to New York. They injure their legs when their seatbelts do not fasten during takeoff. The airline is sued by all three together for injuries caused and the airline is found to be negligent and is directed by the court to pay damages to the injured parties. Which of the following parties is entitled to recover maximum damages?
- Jerry, a professional football player who earns $2 million a year
- All the men recover the same amount of damages, irrespective of their income or profession
- George, a retired professor who gets a pension of $50,000 a year
- Harry, a chartered accountant who earns $200,000 a year
13. In order to recover in a products liability case based on strict liability the plaintiff must prove that the product had the defect that
- Made the product unreasonably dangerous
- The defendant was aware of
- Was caused by the defendant
- Affect the value of the product
14. Which of the following is a key element of successful Enterprise Risk Management?
- Strong investments strategies
- Nondisclosure agreements
- Management commitment
- Legal counsel
15. Assuming that statutory requirements have been met, what is protected under merchant protection statuses?
- Merchants are protected from false imprisonment claims of persons detained on suspicion of shoplifting
- Merchants are protected from product disparagement claims of their competitors
- Merchants are protected from negligence claims on their business premises
- Merchants are protected from the intentional torts of their customers.
16. John Harley was on his way home when an assailant stopped his car and threatened to physically harm him if he ever saw him drive on that street again. John can sue the assailant to recover damages for
- Assault
- Libel
- Battery
- Disparagement
17. Gary Govetty is a famous movie star. A tabloid published an interview with his ex-girlfriend in which she falsely claimed that Gary was completely bald and had been wearing a wig for several years. Gary can sue his ex-girlfriend for
- Disparagement
- Invasion of privacy
- Slander
- Libel
18. According to the doctrine of ________, the plaintiff is not required to prove that the defendant breached a duty of care.
- Contributive negligence
- Comparative negligence
- Assumption of task
- Strict liability
19. How does disparagement differ from a defamation of a nonpublic figure?
- Malicious intent is required for a disparagement case, but is not required in the defamation case
- Publication to a third party is required in the defamation case, but not in the disparagement case
- Malicious intent is required for the defamation case, but not in the disparagement case
- Publication to a third party is required in the disparagement case, but not in the defamation case
20. Which best describes assumption of the risk in a negligence case?
- The plaintiff was involved in an abnormally dangerous activity
- The defendant gave advance warning to the plaintiff that an injury would occur
- The plaintiff knowingly and willingly subjected herself to a risky activity
- The plaintiff is more at fault than the defendant causing the accident
LAW 531 Week 3 Quiz
1. Which of the following is true about the public use doctrine?
- The inventor has to test his invention in the public domain, to measure its validity, before being granted a patent
- A patent will not be granted if the invention was already in public use for one year before filing application
- An invention cannot be used in the public domain prior to it being granted a patent
- The invention will come into the public domain once its time period has expired
2. Which of the following is an equitable doctrine designed to prevent unjust enrichment and unjust detriment where no actual contract exists?
- The doctrine of Quantum merit
- The doctrine of implied-in-law contract
- The express contract doctrine
- The doctrine of formal contracts
3. Which of the following examples is a bilateral contract?
- Mary pays Bob for painting her house
- Mary promises to pay Bob if Bob promises to paint her house
- Mary pays Bob for Bob’s promise to paint her house on Saturday
- Bob paints Mary’s house and Mary promises to pay Bob on Saturday.
4. Which of the following if the best definition for the legal term promissory estoppels?
- A promise made in a contract must be an express promise in order to be valid
- A party to a contract cannot promise to provide illegal consideration
- A gift promise made in an estate is valid and legal
- 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.
5. A(n) ________is an agreement that is stated orally or in written words.
- Express contract
- Quasi contract
- Implied-in-fact contract
- Implied-in-law contract
6. An individual who finds the personal property of another, acquires legal title to that property against the entire world, only if it is what type of personal property?
- Mislaid property
- Stolen property
- Lost property
- Abandoned property
7. In order for a response to be considered a legal acceptance to an offer, and not a counter offer, what rule must apply?
- The voluntary performance rule
- The mirror image rule
- The public law rule
- The lapse of time rule
8. Wildboards Company introduces a product called a “Rollerboard” for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard-packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. What is the consequence of this scenario?
- Wildboards cannot stop competitors from using the term “rollerboard” for their products.
- Competitors must pay royalties to Wildboards for using the term “rollerboard”.
- Wildboards can no longer use the name Rollerboard on its boards.
- Competitors must put a disclaimer on their boards that they are not the original Rollerboards.
9. Parties enter into a contract for services and one party commits a breach. The party who breached wants to continue with the contract but wants the terms revised. What is the best method of dispute resolution?
- Mediation
- Negotiation
- Arbitration
- Med-Arb
10. Apart from recovering damages, and recovering profits made by the offender, successful plaintiffs in a misappropriation of a trade secret case can also
- Ask for transfer of any of the offender’s patents to the plaintiff
- Obtain the offender’s trademarks or brand name as payoff
- Ask to acquire the offender’s trade secrets as payoff
- Obtain an injunction prohibiting the offender from divulging the trade secret
11. Oral agreements may be legally enforceable contracts with the exception of some types of contracts specified in which law?
- Statute of Limitations
- Common Law Statute
- Statute of Verbal Contracts
- Statute of Frauds
12. Consideration, which is requires in a contract, consists of which two elements?
- Legal value must be given and there must be a bargained-for exchange
- Money must be received and a promise fulfilled
- Money must be paid and fund received
- Legal value is appropriate and the value is paid
13. Which of the two parties are involved in every contract?
- A buyer and seller
- An offeror and offeree
- A breaching party and a non-breaching party
- An initiator and a responder
14. Which of the following types of real property rights can be sold properly from land?
- Minerals in the subsurface
- Buildings and improvements on the land
- Improvements under the land
- Building fixtures on the land
15. Which of the following is true when someone mistakenly makes an improvement to the personal property of another?
- The property owner gets to keep all of the improvement and is not required to pay for it.
- 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.
- 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.
- 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.
16. Contracts are discussed primarily in Sections 2 and 2A of the Uniform Commercial Code pertaining to which of the following transactions?
- Financing of consumer goods
- Sale o
