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1.

The process of regulating business through law is usually referred to as:

Student Response

Value Correct Answer

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A. administrative law.

100%

B. oversight law.

C. bureaucracy.

D. admiralty law.

Score: 2/2 Comments:

2.

Which of the following is not a reason for agencies:

Student Response


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A. Expertise.

B. Regulation of a field.

C. General knowledge.

100%

D. Provide services.


3. Why are agencies created?

Student Response


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A. Constitutionally mandated.

B. To refer a problem or area to experts for solution or management.

100%

C. Demanded by the judicial branch to help clear litigation docket.

D. Convenience of the business community,


4.

Administrative agencies tend to possess functions like the other branches of government, including all but which of the following:

Student Response


Feedback

A. Rule making.

B. Adjudicating.

C. Advising.

D. Declaration of war.

100%


5. What kind of power are agencies exercising when they issue rules and regulations that

have the force and effect of law?

Student Response


Feedback

A. Quasi-judicial. 0%

B. Quasi-investigatory.

C. Quasi-legislative.

D. Quasi-administrative.


6.

Who grants an administrative agency power?

Student Response


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A. Voters.

B. Judges.

C. President.

D. Legislature.

100%


7.

Judicial review is available:

Student Response


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A. as soon as an agency issues a decision to file a complaint.

B. at any point in the process of investigation.

0%

C. only for final actions by an agency.

D. only if the investigation results in a substantial monetary fine.


8. The deed that makes no guarantees other than that the grantor surrenders all claims

against the land is called a _____ deed.

Student Response


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A. quit claim 100%

B. special warranty

C. warranty

D. registration


9.

A violation of a protected trademark is called what?

Student Response


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A. prohibition

B. dillution

C. nonconforming use

D. infringement 100%


10. The Nike emblem that looks like a check mark is an example of what type of intellectual

property?

Student Response


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A. copyright

B. patent

C. certification mark

D. trademark 100%


11.

A copyright protects:

Student Response


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A. inventors

B. authors 100%

C. merchants

D. builders Score: 2/2 Comments:

12.

The bundle of rights and powers of real property ownership are called a(n) _____.

Student Response


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A. accession

B. inheritance

C. estate 100%

D. bailment Score: 2/2 Comments:

13. What is the name of the document of title that transfers ownership of land?

Student Response


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A. deed 100%

B. testament

C. warranty

D. registration


14.

What kind of deed promises the grantee that the grantor has good ownership and the full power to convey it?

Student Response


Feedback

A. warranty 100%

B. special warranty

C. quit claim

D. adverse possession


15.

Contracts are:

Student Response


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A. legally enforceable promises.

100%

B. always required to be written.

C. not legally enforceable.

D. identical to agreements.


16.

An _______ contract is one that is partially or completely unperformed.

Student Response


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A. executed

B. executory 100%

C. express

D. exculpatory


17.

Which of the following is not a remedy for breach of contract:

Student Response


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A. Damages.

B. Recission.

C. Mitigation.

D. Specific performance.

0%


18. Specific performance can be a remedy in all of the following contracts except for which

one?

Student Response


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A. Sale of land.

B. Sale of a vehicle.

100%

C. Sale of an original painting.

D. Sale of an original sculpture.


19.

A NASA engineer is wrongfully terminated from her job. She can mitigate her damages by:

Student Response


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A. sending out resumes.

B. looking for another engineering job.

C. contacting a head-hunter or employment agency.

D. all of the above.

100%


20.

The ____ is the person making the offer.

Student Response


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A. grantor

B. promisee

C. offeror 100%

D. offeree Score: 2/2 Comments:

21.

Larry offers to sell his car to Moe for $10,000. Moe responds that he will pay $9,000 for the car. Larry refuses Moe's $9,000 offer. Moe then says that he will pay the $10,000. There is:

Student Response


Feedback

A. a contract for $10,000.

0%

B. no contract: no offer and acceptance.

C. a contract for $9,000.

D. no contract due to a revocation by the offeror.


22. Acceptance of a bilateral contract is by:

Student Response


Feedback

A. making a return promise.

100%

B. an act.

C. oral response only.

D. not rejecting it.


23.

A company offers a $5,000 reward for information leading to the conviction of the person burglarizing its stores. Lee can accept this offer by:

Student Response


Feedback

A. promising to provide the information.

B. promising to catch the criminal.

C. providing the information that convicts the criminal.

100%

D. setting a trap to catch the criminal.


24. The mirror image rule requires the acceptance to:

Student Response


Feedback

A. be the same as the offer.

100%

B. be a modification of the offer.

C. have contractual additions.

D. have contract

deletions.Score: 2/2 Comments:

25.

Traditionally, all of the following except one, lack some capacity to contract:

Student Response


Feedback

A. Minors.

B. Intoxicated people.

C. Incompetents.

D. Lucid people. 100%


26. Which is not covered by the statute of frauds?

Student Response


Feedback

A. Contract for the sale of land.

B. Contract to pay the debt of another.

C. Contract which cannot be performed within one year.

D. Contract for the sale of goods valued at

100%

$100 or more.


27.

A tort is:

Student Response


Feedback

A. a civil, non-contractual wrong.

100%

B. any civil wrong.

C. only civil wrongs involving goods.

D. a criminal wrong.


28.

One who commits a tort is called a:

Student Response


Feedback

A. contorter.

B. tortfeasor. 100%

C. tortious.

D. tortmonger.


29.

Deliberate actions that cause injury are _______ torts.

Student Response


Feedback

A. negligence

B. strict liability

C. intentional

100%

D. malicious Score: 2/2 Comments:

30.

A tort resulting from an injury following a failure to use reasonable care is a ______ tort.

Student Response


Feedback

A. negligence

100%

B. intentional

C. fortuitous

D. strict liability


31. The placing of another in immediate apprehension for his or her physical safety is the tort

of:

Student Response


Feedback

A. battery.

B. trespass.

C. assault.

D. false imprisonment.

0%


32.

Mega-mart suspects Tasha of shoplifting, so store officials detain her. They find nothing improper in Tasha's belongings. Tasha most likely will file a ________ lawsuit against Mega-store.

Student Response


Feedback

A. malicious prosecution

B. battery

C. false imprisonment

100%

D. trespass Score: 2/2 Comments:

33. The publication of untrue statements about another that hold up that individual's

character or reputation to contempt is:

Student Response


Feedback

A. libel, if the statement is written or published over television or radio.

B. slander, if the statement is oral.

C. defamation.

D. all of the above.

100%


34.

A jury determines that the plaintiff is 20% at fault for her injury. The jury determines that the total amount of damages to the plaintiff should have been $100,000, but for the plaintiff's share of the fault. How much will the plaintiff receive in a comparative negligence state?

Student Response


Feedback

A. $20,000

B. $80,000 100%

C. $100,000

D. nothing Score: 2/2 Comments:

35.

Using the factual situation in #45 above, how much will the plaintiff receive in a contributory negligence state?

Student Response


Feedback

A. $20,000

B. $80,000

C. $100,000

D. nothing 100%


36. What is the most common intentional cyber-related tort?

Student Response


Feedback

A. negligence

B. fraud 100%

C. conversion

D. defamation


37.

The most common type of tort action is for:

Student Response


Feedback

A. battery.

B. negligence. 100%

C. strict liability.

D. defamation.


38. Elements of negligence do not include:

Student Response


Feedback

A. Pre-determined monetary value of the injury.

100%

B. Proximate causation.

C. Causation in fact.

D. Duty of care owed to the plaintiff.


39.

In a negligence suit, a plaintiff must prove:

Student Response


Feedback

A. the defendant actually caused the injury.

100%

B. the defendant could have caused the harm.

C. the plaintiff knew the potential for injury.

D. nothing. The burden of proof is on the defendant.


40. Which of the following is not a requirement for a contract to be valid?

Student Response


Feedback

A. Offer and

acceptance of the offer

B. Having things of close value being exchanged

100%

C. Parties to the contract having capacity to enter into the contract

D. The purpose of the contract must be legal


41.

A buyer of real estate would most likely want the real estate transferred by:

Student Response


Feedback

A. Limited warranty deed.

B. Quit claim deed.

0%

C. Warranty deed.

D. All of the above.


42

.

When a person owns all rights in a piece of real property, the ownership interest is called:

Student Response

Value

Correct Answer

Feedback

A. Fee Simple Absolute.

100%

B. Conditional Estate.

C. Remainderman’s interest.

D. Easement. Score: 2/2 Comments:

43.

A life estate owner in teal property has the right to:

Student Response


Feedback

A. Rents and/or profits off the land.

B. Use of the land.

C. Possession of the land.


100%


44. Trademarks, tradenames, patents, and copyrights represent a category of property

called:

Student Response


Feedback

A. Intangible personal property.

100%

B. Tangible real property.

C. Statutory property.

D. Legislative property.


45.

Strict liability is applied in actions involving:

Student Response


Feedback

A. All real estate disputes.

B. Negligence actions.

C. Product liability actions.


0%


46. If I create a new type of solar panel, I can protect it:

Student Response


Feedback

A. By seeking a patent.

100%

B. By seeking a trademark

.

C. By seeking a copyright.

D. None of the above.


47.

In determining the proper standard of duty or care owed in a negligence action, the judge (or jury) can refer to:

Student Response


Feedback

A. Operating manuals.

B. Professional standards of conduct.

C. State laws and regulations.


100%


48. An express contract:

Student Response


Feedback

A. May be written.

B. May be oral.

C. Is implied by the conduct of the

parties.

D. Both a and b.

100%


49.

For a contract to be enforceable it must always:

Student Response


Feedback

A. Be in writing.

B. Have items of approximately equal value exchanged.

C. Have at least 2 witnesses to the transaction.


100%


50. Administrative agencies are used when:

Student Response


Feedback

A. There is a need for expertise.

B. There is a need for continuing supervision.

C. Both a and b.

100%



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s3.amazonaws.coms3.amazonaws.com/cramster-resource/104239_Legal... · Web viewA tort resulting from an injury following a failure to use reasonable care is a _____ tort. ... In determining