We have removed text highlighting provided by our ad supplier. Dependant on how much we are able to generate from ad revenue, we will look into removing the interstitional ads as well.
Saturday, December 29, 2012
Thursday, November 29, 2012
Getting Creative Tips
Focus on your subconscious mind.
Listen to your voice in ears, feeling in your stomach or the image in your
mind.
Express your thoughts through writing or drawing. Getting creative can prove
to be a great exercise for your mind.
Find a physical activity that you enjoy like yoga, swimming, walking, etc.
remember, alertness in the body increases your mind awareness.
Proper diet and rest are also integral parts. Nourish your body with
essential nutrients and your mind with positive thoughts.
Listen to your voice in ears, feeling in your stomach or the image in your
mind.
Express your thoughts through writing or drawing. Getting creative can prove
to be a great exercise for your mind.
Find a physical activity that you enjoy like yoga, swimming, walking, etc.
remember, alertness in the body increases your mind awareness.
Proper diet and rest are also integral parts. Nourish your body with
essential nutrients and your mind with positive thoughts.
Permanganate ion and Oxalate Ion reaction
16H+
(aq) + 2MnO4- (aq) + 5C2O42-(aq)
--> 2Mn2+(aq) + 8H2O(l) + 10CO2(g)
Wednesday, November 28, 2012
Tuesday, November 13, 2012
Mary is a consultant to the National Conference of Commissioners on Uniform State Laws. This organization
drafts uniform laws for adoption by the states.
The Federal Trade Commission is a government agency that issues rules, orders, and decisions. The Georgia state legislature enacts stat¬utes. The Jackson County Board and the Peach City Council enacts or¬dinances. Administrative law includes
the
rules, orders, and decisions of the Federal Trade Commission.
Monday, November 12, 2012
Monday, October 22, 2012
Weak and Strong Acids and Bases
Weak acids: HF, HCN, CH3COOH, HCOOH
Strong acids: HBr, HClO3, HNO3, H2SO4, HI, HCl
Weak bases: NH3, CH3NH2, (CH3)2NH
Strong bases: NaOH, CsOH, KOH, Ba(OH)2, LiOH, Ca(OH)2
Strong acids: HBr, HClO3, HNO3, H2SO4, HI, HCl
Weak bases: NH3, CH3NH2, (CH3)2NH
Strong bases: NaOH, CsOH, KOH, Ba(OH)2, LiOH, Ca(OH)2
Monday, October 8, 2012
What is the equation for the dissociation of acetic acid ?
CH3COOH(aq) --> CH3COO−(aq) + H+(aq)
Or
CH3COOH(aq) + H2O (l) --> CH3COO−(aq) + H3O+(aq)
Or
CH3COOH(aq) + H2O (l) --> CH3COO−(aq) + H3O+(aq)
What is the dissociation of HNO3?
HNO3 is a strong acid. In water it dissociates to produce H+ ions and NO3- iuons. But it is more correct to show it reacting with the water to form the hydronium ion:
HNO3(aq) + H2O(l) → H3O+(aq) + NO3-(aq)
Monday, October 1, 2012
is toluene more dense than water?
1,000.00 kg/m³
Water, Density
866.90 kg/m³
Toluene, Density
Water is more dense.
Thursday, September 27, 2012
New Ad Provider
We have recently switched to a new ad provider Clicksor. We did not intend for more than one interstitional ad or pop-up add upon clicking. Those behaviors from Clicksor have been stopped so you should only see one ad.fly advert upon landing.
Wednesday, September 12, 2012
Under Ohio’s state constitution, the Ohio Environmental Protection Agency issues a new rule, the Polk County Commission approves a new property tax measure, and the professors and students at Ohio Law School publish the results of their most recent legal research. Sources of law do not include
the results of legal scholars’ research.
Wednesday, August 29, 2012
Monday, August 27, 2012
Business Law / Accounting Final
In a transaction between Retail Products
Corporation and Standard Stores, Inc., the most important factor in determining
whether an express warranty is created is whether
Choose
one answer.
a. Retail Products intends to create a warranty.
|
||
b. Retail Products makes a promise.
|
||
c. Retail Products' promise becomes part of the basis of the
bargain.
|
||
d. Retail Products' promise is in writing.
|
Question 2
Marks: 1
Margaret contracts to deliver fifty tables
to Furniture Warehouse on May 1. She calls Furniture on April 15 to notify it
that she is going to cancel the contract because her workers have gone on
strike. Furniture may
Choose
one answer.
a. for a commercially reasonable time await Margaret's
performance.
|
||
b. sue Margaret for breach of contract.
|
||
c. suspend its own performance.
|
||
d. all of the above.
|
Question 3
Marks: 1
Able Tool Company makes hedge trimmers.
Brad is injured while using an Able trimmer and sues the company for product
liability based on negligence. To win, Brad must show that
Choose
one answer.
a. Able did not use due care with respect to the trimmer.
|
||
b. Able misrepresented a material fact regarding the trimmer.
|
||
c. Brad was experienced in the use of trimmers.
|
||
d. Brad was in privity of contract with Able.
|
Question 4
Marks: 1
Ann obtains from Beta Insurance Company a
policy that provides that after it has been in force for a certain time, Beta
cannot question statements made in the application. This is
Choose
one answer.
a. an antilapse clause.
|
||
b. an arbitration clause.
|
||
c. an appraisal clause.
|
||
d. an incontestability clause.
|
Question 5
Marks: 1
Dick, the sole proprietor of Deep Sea
Tours, obtains an insurance policy that protects him against liability
resulting from injuries to the person or property of another. This is
Choose
one answer.
a. casualty insurance.
|
||
b. fidelity insurance.
|
||
c. key-person insurance.
|
||
d. liability insurance.
|
Question 6
Marks: 1
Mac files a petition for a discharge in
bankruptcy. Mac's failure to appear at a meeting of the creditors listed in
Mac's schedules may result in Mac being
Choose
one answer.
a. fined.
|
||
b. held in contempt.
|
||
c. denied a discharge of bankruptcy.
|
||
d. imprisoned.
|
Question 7
Marks: 1
Value Hardware, Inc., makes and sells hedge
trimmers, for which it issues "limited" warranties. While using a
Value trimmer, Wendy is injured. Under the Magnuson-Moss Warranty Act, an
action against the maker of the trimmer may be brought by
Choose
one answer.
a. the Federal Trade Commission only.
|
||
b. the Federal Trade Commission or Wendy, but not Value.
|
||
c. Value or Wendy, but not the Federal Trade Commission.
|
||
d. Wendy only.
|
Question 8
Marks: 1
Martin poses has a lawyer and represents
Allen in a contract dispute. The dispute is settled in Allen's favor in
abitration. However, when Allen discovers Martin is not licensed as an attorney he refuses to pay
Martin's fee. Martin sues his former client in small claims court. In this case
the court will most likely
Choose
one answer.
a. award Martin a portion of his fee, less punitive damages.
|
||
b. enforce the contract since Allen won his case.
|
||
c. refuse to enforce the contract since Martin is not licensed
to practice law.
|
||
d. find Martin in contempt of court practicing law without a
license.
|
Question 9
Marks: 1
Bill offers to sell his Consumer Service
Center business to Dina for $100,000. Dina replies, "The price is too
high. I will offer to buy it for $90,000." Dina has
Choose
one answer.
a. accepted the offer.
|
||
b. made a counteroffer without rejecting the offer.
|
||
c. rejected the offer and made a counteroffer.
|
||
d. rejected the offer without making a counteroffer.
|
Question 10
Marks: 1
Delta Finance Company obtains a judgment
against Eve for a debt and wishes the sheriff to seize and sell Eve's property.
Delta must return to the court that issued the judgment and obtain a writ of
Choose
one answer.
a. attachment.
|
||
b. contribution.
|
||
c. execution.
|
||
d. redemption.
|
Question 11
Marks: 1
Finest Business Company issues an instrument
in favor of General Supplies, Inc. For the instrument to be negotiable, it need
not
Choose
one answer.
a. be an unconditional promise or order to pay.
|
||
b. be payable on demand or at a specific time.
|
||
c. be signed by Finest Business Company.
|
||
d. recite the consideration given in exchange for a promise to
pay.
|
Question 12
Marks: 1
Regional Railroad Company's trains operate
without required noise-control devices, which the firm maintains interfere with
fuel efficiency. This can result in
Choose
one answer.
a. a fine and imprisonment.
|
||
b. a fine only.
|
||
c. imprisonment only.
|
||
d. loss of the public's goodwill only.
|
Question 13
Marks: 1
Better Products Corporation makes and
markets a variety of household goods. All Better Products' product labels must
identify
Choose
one answer.
a. the address to which complaints can be directed.
|
||
b. the federal agency that inspected the product.
|
||
c. the manufacturer.
|
||
d. the percentage of the product that consists of artificial
substances.
|
Question 14
Marks: 1
Pam applies for a job at a Quik Mart store
but is not hired due to her gender. Pam files a suit against Quik Mart. A prima facie case is established. Pam
Choose
one answer.
a. loses the suit regardless of Pam's response.
|
||
b. loses the suit unless Pam asserts an appropriate defense.
|
||
c. wins the suit regardless of Quik Mart's response.
|
||
d. wins the suit unless Quik Mart asserts an appropriate
defense.
|
Question 15
Marks: 1
Digital Video Company contracts to sell DVD
players to E-lectric Stores, Inc. Digital Video ships nonconforming goods,
which E-lectric accepts. E-lectric can recover damages equal to the difference between
Choose
one answer.
a. E-lectric's sale price and the contract price.
|
||
b. the contract price and the value of the goods as promised.
|
||
c. the value of the goods as promised and their value as
accepted.
|
||
d. the value of the goods as accepted and E-lectric's sale
price.
|
Question 16
Marks: 1
Eagle Equipment Company manufactures a
backhoe, which it sells to U-All Rentals. U-All leases the backhoe to
consumers, including Doug. Doug is injured by while using the backhoe, which
U-All has not properly maintained. In a product liability suit based on
negligence, Doug may recover from
Choose
one answer.
a. no one.
|
||
b. Eagle or U-All.
|
||
c. Eagle only.
|
||
d. U-All only.
|
Question 17
Marks: 1
Regional Supplies Company insures its real
and personal property, as well as the lives of its key employees, to protect
its financial interest should some event undermine its security. This is
Choose
one answer.
a. risk bargaining.
|
||
b. risk management.
|
||
c. risk pooling.
|
||
d. risky.
|
Question 18
Marks: 1
American Products Company and Best
Manufacturing, Inc., enter into a contract for the sale of a certain quantity
of machine parts. The UCC reads into this contract is the concept of
Choose
one answer.
a. good faith.
|
||
b. square dealing.
|
||
c. the mere image rule.
|
||
d. unconscionability.
|
Question 19
Marks: 1
Regional Products, Inc., agrees to sell to
Quantity Dealers Corporation a certain amount of goods but no mention is made
of where the goods are to be delivered. In general, the UCC requires that the
delivery take place at
Choose
one answer.
a. a neutral place of business halfway between the parties'
locations.
|
||
b. a UCC-designated warehouse.
|
||
c. Regional's place of business.
|
||
d. Quantity's place of business.
|
Question 20
Marks: 1
Silicon Computers manufactures hard drives.
Dave discovers that his Silicon drive is defective. Dave sues Silicon
for product liability based on misrepresentation. To win, Dave must show that
Choose
one answer.
a. Dave knew and appreciated the risk caused by the defect.
|
||
b. Dave suffered an injury caused by the defect.
|
||
c. the "defect" was a commonly known danger.
|
||
d. Silicon sold the drive to Dave.
|
Question 21
Marks: 1
Kay is a salesperson for Liberty Financial
Corporation. Mac is also a Liberty salesperson. Neil is Kay and Mac's
supervisor. Owen is a Liberty customer. Liberty may be liable for sexual
harassment to Kay by
Choose
one answer.
a. Mac only.
|
||
b. Mac, Neil, or Owen.
|
||
c. Mac or Neil only.
|
||
d. Neil only.
|
Question 22
Marks: 1
Pure Capital Corporation wants to perfect a
security interest in a negotiable instrument owned by Quality Securities, Inc.,
and payable to Rich Investment Company. This can be accomplished by
Choose
one answer.
a. contacting the party to whom the instrument is payable.
|
||
b. filing a financing statement.
|
||
c. notifying the appropriate federal officer.
|
||
d. taking possession of the instrument.
|
Question 23
Marks: 1
Fine Furniture Store sells household
consumer goods. To create a purchase-money security interest, Fine Furniture
must
Choose
one answer.
a. assign, to a collecting agent, a portion of its accounts
payable.
|
||
b. assign, to a collecting agent, a portion of its accounts
receivable.
|
||
c. extend credit for part or all of the purchase price of the
goods.
|
||
d. refer purchasers to a third-party lender.
|
Question 24
Marks: 1
Bay City wants to acquire undeveloped land
within the city limits to convert into a public park. Bay City brings a
judicial proceeding to obtain title to the land. This is
Choose
one answer.
a. adverse possession.
|
||
b. an easement.
|
||
c. constructive eviction.
|
||
d. the power of eminent domain.
|
Question 25
Marks: 1
Alpha Communications, Inc., makes and sells
cell phones. In deciding whether the phones are merchantable, a court would
focus on whether
Choose
one answer.
a. Alpha violated any laws or regulations.
|
||
b. the phones are fit for the ordinary purpose for which such
goods are used.
|
||
c. the phones are made according to the best manufacturing
methods.
|
||
d. the phones are quality products.
|
Question 26
Marks: 1
Under the Marine Protection, Research, and
Sanctuaries Act (the Ocean Dumping Act), Bayside Chemical Company may dump its
chemical waste into the ocean
Choose
one answer.
a. after obtaining a permit.
|
||
b. before obtaining a permit.
|
||
c. without a permit.
|
||
d. not at all.
|
Question 27
Marks: 1
Regional Bank wants to perfect its security
interest in timber owned by Standard Lumber, Inc. Most likely, a financing
statement should be filed with
Choose
one answer.
a. the local chamber of commerce.
|
||
b. the county clerk.
|
||
c. the federal loan officer.
|
||
d. the secretary of state's office.
|
Question 28
Marks: 1
NuTech Company agrees to sell computer
equipment to Office Stores, Inc. (OSI) for OSI to market to its customers.
Their contract will be unenforceable if it does not include
Choose
one answer.
a. the duration of the deal.
|
||
b. the price of the goods.
|
||
c. the quantity of the goods.
|
||
d. the requirements of OSI's customers.
|
Question 29
Marks: 1
Home Products Store buys furniture from
Imperial Furniture, Inc. The parties agree that the furniture will be shipped
"F.O.B. Imperial's warehouse" via Jiffy Shipping Corporation. The
furniture is lost in transit. The loss is suffered by
Choose
one answer.
a. Home Products and Imperial Furniture, but not Jiffy
Shipping.
|
||
b. Home Products, Imperial Furniture, and Jiffy Shipping.
|
||
c. Home Products only.
|
||
d. Imperial Furniture only.
|
Question 30
Marks: 1
Ace Purchasing Corporation orders from Best
Sales Company goods that are stored in a Coastal Properties, Inc., warehouse.
Ace pays for the goods, delivery is via the transfer of a negotiable warehouse
receipt, and Ace moves the goods out of the warehouse. The risk of loss passes
to Ace when it
Choose
one answer.
a. orders the goods.
|
||
b. pays for the goods.
|
||
c. receives the negotiable warehouse receipt.
|
||
d. moves the goods out of the warehouse.
|
Question 31
Marks: 1
Business Company stores office furniture
with Complete Storage, Inc., under a contract that limits the warehouser's
liability for lost or damaged property to $500. The furniture is stolen. The
loss is most likely suffered by
Choose
one answer.
a. Business Company and Complete Storage.
|
||
b. Business Company only.
|
||
c. Complete Storage only.
|
||
d. neither Business Company nor Complete Storage.
|
Question 32
Marks: 1
William carelessly tosses a lit cigarette
onto the ground which starts a small fire in a pile of leaves. The fire then spreads
and burns down Charlie's house. Wiliam is responsible for the damages to
Charlie's house because
Choose
one answer.
a. his negligence was the actual cause of the damages to
Charlie's house.
|
||
b. his actions constitute gross negligence.
|
||
c. his negligence was the proximate cause of the damage to
Charlie's house.
|
||
d. he has strict liability since smoking is a dangerous
activity.
|
Question 33
Marks: 1
Olga, a salesperson for Pre-owned Cars
tells Qunicy, "This is the best car I've ever seen." This statement
is
Choose
one answer.
a. an express warranty
|
||
b. an implied warranty
|
||
c. puffery
|
||
d. a warranty of title
|
Question 34
Marks: 1
Quality Equipment Company contracts for a
sale of goods to Regional Sales Corporation. Quality can enforce its right to
payment
Choose
one answer.
a. only after Regional has actually inspected the goods.
|
||
b. only after Regional has had an opportunity to inspect the
goods.
|
||
c. only before Regional has inspected the goods.
|
||
d. whether or not Regional has had the chance to inspect the
goods.
|
Question 35
Marks: 1
Mike receives a payroll check from National
Computer Systems, Inc., and indorses it by signing "Mike" on the back
of the check. This is
Choose
one answer.
a. a blank indorsement.
|
||
b. a qualified indorsement.
|
||
c. a restrictive indorsement.
|
||
d. a special indorsement.
|
Question 36
Marks: 1
Dependable Credit Corporation asks Eagle
Supply Company to agree to a security agreement that provides for coverage of the proceeds from the sale of after-acquired
property. This is
Choose
one answer.
a. a first-in, first-out rule.
|
||
b. a floating lien.
|
||
c. a funds guaranty.
|
||
d. a future advance.
|
Question 37
Marks: 1
Medico contracts for a sale of medical
equipment to Children's Hospital. For Medico to tender delivery of goods,
Medico must
Choose
one answer.
a. only give the hospital notice to enable it to take
delivery.
|
||
b. only hold conforming goods at the hospital's disposal.
|
||
c. give the hospital notice and hold the goods at its
disposal.
|
||
d. none of the above.
|
Question 38
Marks: 1
Standard Company denies a promotion to
Tony, a member of a minority, when he fails to pass a required test. Few
members of minorities have passed the test. The number of promoted employees
who are members of minorities does not reflect their percentage in the local
labor market. In a suit against Standard, if Tony can show a connection between
the test and the number of promoted minority members,
Choose
one answer.
a. it must be proved that Standard had discriminatory intent.
|
||
b. it must be proved that Standard has other discriminatory
practices.
|
||
c. it must be proved that the test had a discriminatory
purpose.
|
||
d. no evidence of discriminatory intent is necessary.
|
Question 39
Marks: 1
Lakeshore Paints, Inc., operates a plant
next to Clear Lake. The goals of the Clean Water Act include
Choose
one answer.
a. eliminating the discharge of anything into any water.
|
||
b. maintaining the current levels of fresh water and salt
water.
|
||
c. making water safe for boating.
|
||
d. protecting fish and wildlife.
|
Question 40
Marks: 1
Doctors Clinic orders 1,000 bandages from
Emergency Supplies Company but fails to specify the sizes. The bandages are
delivered in an assortment of sizes. Doctors Clinic may
Choose
one answer.
a. accept the bandages "as is" only.
|
||
b. accept the bandages "as is" or reject the entire
shipment only.
|
||
c. accept only the bandages that it wants and reject the rest.
|
||
d. reject the entire shipment only.
|
Question 41
Marks: 1
Best Products Corporation obtains an
insurance policy that provides indemnity against losses in trade or losses
caused by the dishonesty of employees, the insolvency of debtors, or breaches
of contract. This is
Choose
one answer.
a. casualty insurance.
|
||
b. fidelity insurance.
|
||
c. key-person insurance.
|
||
d. liability insurance.
|
Question 42
Marks: 1
Tab stores video equipment with U-Store-It
under a contract that excuses the warehouser from liability for any damage. A
fire due to U-Store-It's negligence destroys the equipment. The loss is most
likely to be imposed on
Choose
one answer.
a. U-Store-It only
|
||
b. neither Tab or U-Store-It
|
||
c. Tab only
|
||
d. Tab and U-Store-It
|
Question 43
Marks: 1
Ed opens Ed's Dry Cleaning store in a small
retail center. Performance standards for Ed's operation, as regards hazardous
air pollutants, requires
Choose
one answer.
a. compliance with specific standards for each pollutant.
|
||
b. the use of the best available control technology.
|
||
c. the use of the maximum achievable control technology.
|
||
d. the use of the most affordable control technology.
|
Question 44
Marks: 1
Oregon passes a law requiring special disc
brakes on all bicycles sold in the state. Federal law does not require such
brakes and no other states have a similar law. If challenged, this law is like
to be
Choose
one answer.
a. found unconstitutional based on the Commerce Clause of the
U.S. Constitution.
|
||
b. upheld since individual states have the authority to create
their own laws.
|
||
c. found constitutional if Oregon can prove the brakes improve
safety.
|
||
d. preempted based on existing federal laws.
|
Question 45
Marks: 1
Craft Engineering, Inc., contracts for a
sale of technical instruments to Delta Design Company. Before the date on which
performance is due, Craft notifies Delta that it will not perform. This is
Choose
one answer.
a. anticipatory repudiation.
|
||
b. perfect tender.
|
||
c. rejection of performance.
|
||
d. revocation of acceptance.
|
Question 46
Marks: 1
Clear Sight Company, which is based in
Delaware, agrees to sell fifty windows, currently stored in Florida, to Great
View, Inc., which is based in Hawaii. Absent an agreement to the contrary,
delivery will occur in
Choose
one answer.
a. California.
|
||
b. Delaware.
|
||
c. Florida.
|
||
d. Hawaii.
|
Question 47
Marks: 1
Pisa Pizza Company contracts to sell 1,000
cases of frozen pizzas to Quality Grocers, Inc., but refuses to deliver. Due to
a spice shortage, Quality cannot obtain pizza elsewhere. Quality's right to recover the goods from Pisa is the right of
Choose
one answer.
a. cover.
|
||
b. replevin.
|
||
c. repudiation.
|
||
d. specific performance.
|
Question 48
Marks: 1
Cody obtains from Dependable Insurance
Company a policy that provides that if a dispute arises between the parties
concerning the settlement of a claim, the dispute must be submitted to an
impartial third party, not a court, for resolution. This is
Choose
one answer.
a. an antilapse clause.
|
||
b. an arbitration clause.
|
||
c. an appraisal clause.
|
||
d. an incontestability clause.
|
Question 49
Marks: 1
First Financial Corporation is a secured
party with a security interest in property owned by Retail Sales Company.
Perfection of this security interest may not protect First Financial against
the claim of
Choose
one answer.
a. a bank.
|
||
b. a buyer in the ordinary course of business.
|
||
c. a subsequent lien creditor.
|
||
d. a trustee in bankruptcy.
|
Question 50
Marks: 1
Quality Tools Corporation (QTC) makes
hammers and other tools. Rita is injured while using a QTC hammer. She sues the
company for product liability based on negligence. To defend successfully
against the suit, QTC may show that
Choose
one answer.
a. QTC did not sell the hammer to Rita.
|
||
b. Rita misused the hammer in a foreseeable way.
|
||
c. Rita's injury resulted from a commonly known danger.
|
||
d. the hammer was not altered after QTC sold it.
|
Question 51
Marks: 1
Office Applications Company (OAC) orders
six laser printers from Printing Products, Inc. (PPI), to be delivered by PPI. Before
PPI's truck arrives with the goods, OAC tells PPI it will not pay. The printers
are lost in transit. The loss is suffered by
Choose
one answer.
a. OAC only.
|
||
b. OAC to the extent of a deficiency in PPI's insurance coverage only.
|
||
c. PPI to the extent of a deficiency in OAC's insurance coverage only.
|
||
d. PPI only.
|
Question 52
Marks: 1
Machine Manufacturing, Inc., employs four
hundred workers at three locations in three states. Excluded from protection
under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 are
workers who
Choose
one answer.
a. are fired for gross misconduct.
|
||
b. are laid off for budgetary reasons.
|
||
c. have their hours decreased from full-time to part-time.
|
||
d. voluntarily quit their jobs.
|
Question 53
Marks: 1
National Toy Company makes a toy that the
Consumer Product Safety Commission (CPSC) believes to be hazardous. The CPSC
may require National Toy to
Choose
one answer.
a. remove the toy from the market.
|
||
b. report on any items sold, but not remove the toy from the
market.
|
||
c. remove the toy from the market and report on any items
sold.
|
||
d. none of the above.
|
Question 54
Marks: 1
Town Style Stores orders leather jackets
from Universal Clothing Company. Universal mistakenly ships denim jackets,
which Town rejects and returns via Value Transport, Inc. During the return, the
jackets are lost. The loss is suffered by
Choose
one answer.
a. Town only.
|
||
b. Town and Universal, but not Value.
|
||
c. Town, Universal, and Value.
|
||
d. Universal only.
|
Question 55
Marks: 1
Consumer Financial Corporation (CFC)
extends credit to consumers. CFC is subject to the Equal Credit Opportunity
Act, which prohibits credit discrimination based on
Choose
one answer.
a. educational achievement.
|
||
b. income.
|
||
c. marital status.
|
||
d. unfavorable credit reports.
|
Question 56
Marks: 1
Quinn writes a check to Ron on May 1 that
is drawn on his account at State Bank. Ron presents the check on December 15.
The bank is
Choose
one answer.
a. not obligated to pay the check under any circumstances.
|
||
b. not obligated to pay the check unless Ron can show he is an
HDC.
|
||
c. obligated to pay the check if Quinn has sufficient funds in
his account.
|
||
d. obligated to pay the check under any circumstances.
|
Question 57
Marks: 1
Jane's orally promises to pay $400 to Ken.
This is
Choose
one answer.
a. a negotiable instrument.
|
||
b. a nonnegotiable instrument, because it is not in writing.
|
||
c. a nonnegotiable instrument, because the amount is within
the Statute of Frauds.
|
||
d. a nonnegotiable instrument, because it does not recite
consideration.
|
Question 58
Marks: 1
Rita believes that Shady Grove Apartments,
her landlord, has violated the law in a way that entitles her to withhold rent.
This remedy is generally associated with
Choose
one answer.
a. failure to provide adequate security against crimes in
common areas.
|
||
b. breach of the implied warranty of habitability.
|
||
c. discrimination.
|
||
d. breach of the convenant of quite enjoyment.
|
Question 59
Marks: 1
To acquire the ownership of a mountain
cabin by adverse possession, Cody must occupy the cabin exclusively,
continuously, and peaceably for a specified period of time
Choose
one answer.
a. in an, open, hostile, and adverse manner.
|
||
b. until the owner files a suit.
|
||
c. without the owner's knowledge.
|
||
d. with the state's permission.
|
Question 60
Marks: 1
Mona files an employment discrimination suit
against Nationwide Corporation (NC) under Title VII. If Mona shows that NC
acted with malice or reckless indifference, she may recover
Choose
one answer.
a. compensatory damages only.
|
||
b. compensatory or punitive damages.
|
||
c. neither compensatory nor punitive damages.
|
||
d. punitive damages only.
|
Question 61
Marks: 1
Royal Breakfast Cafe buys 100 bags of oranges
from Sweet Citrus Company. The parties agree to ship the oranges "F.O.B.
Royal Breakfast" via Total Trucking Company. The oranges rot in transit.
The loss is suffered by
Choose
one answer.
a. Royal Breakfast and Sweet Citrus, but not Total Trucking.
|
||
b. Royal Breakfast, Sweet Citrus, and Total Trucking.
|
||
c. Royal Breakfast only.
|
||
d. Sweet Citrus only.
|
Question 62
Marks: 1
Abel & Baker, a partnership that owns
and operates Able Bakers, a chain of bakeries, obtains insurance on the lives
of its two partners. This is
Choose
one answer.
a. casualty insurance.
|
||
b. fidelity insurance.
|
||
c. key-person insurance.
|
||
d. liability insurance.
|
Question 63
Marks: 1
Bill leases an apartment from Cathy. Two
months later, Bill moves out, and arranges with Dian to move in and pay the
rent to Cathy for the rest of the term. This is
Choose
one answer.
a. an assignment.
|
||
b. an easement.
|
||
c. an eviction.
|
||
d. a sublease.
|
Question 64
Marks: 1
Dan writes a check to Eve on his account at
First State Bank. The bank dishonors the check even though Dan has sufficient
funds in his account. The bank is
Choose
one answer.
a. liable to Dan only.
|
||
b. liable to Dan and Eve.
|
||
c. liable to Eve only.
|
||
d. not liable to Dan or Eve.
|
Question 65
Marks: 1
At Sea Food Cafe, Tom believes that he was
overcharged and shoves Wally, a waiter. Wally sues Tom, alleging that the shove
was a battery. Tom is liable if
Choose
one answer.
a. Sea Food did not overcharge Tom.
|
||
b. the shove was offensive.
|
||
c. Tom acted out of malice.
|
||
d. Wally did not wait on Tom.
|
Question 66
Marks: 1
Professional Products Company contracts to
deliver emergency medical supplies to Rescue & Relief Corporation using
only Sky Airways. If Sky declares bankruptcy, then
Choose
one answer.
a. only Rescue & Relief may elect to perform the contract.
|
||
b. Professional may deliver the goods in any reasonable
manner.
|
||
c. Sky must designate a substitute carrier.
|
||
d. the entire contract is void.
|
Question 67
Marks: 1
Allen owns a duplex that he leases to Brad
and Cora. Allen may sell
Choose
one answer.
a. the duplex at any time.
|
||
b. the duplex, but only after the lease term expires and Brad
and Cora have moved out.
|
||
c. the duplex, but only with Brad and Cora's permission.
|
||
d. the lease, but not the duplex.
|
Question 68
Marks: 1
Olympic Steel contracts for a sale of steel
to A&B Machines, Inc. After Olympic ships the steel, A&B breaches the
contract. Incidental damages arising from the breach include the costs to
Olympic of
Choose
one answer.
a. designing the goods.
|
||
b. manufacturing the goods.
|
||
c. marketing the goods.
|
||
d. transporting the goods.
|
Question 69
Marks: 1
Joe, who works as an employee for
Interstate Trucking Corporation, suffers an injury in an accident. Joe will be
compensated under state workers' compensation laws
Choose
one answer.
a. only if the injury occurred off the job.
|
||
b. only if the injury occurred on the job.
|
||
c. whether the injury occurred on or off the job.
|
||
d. none of the above.
|
Question 70
Marks: 1
Before undergoing surgery that could cause
paralysis, Greg, a violinist, gives his concert violin to Holly. The surgery is
successful, and Greg suffers no paralysis. Greg can
Choose
one answer.
a. not revoke his gift because it was a gift causa mortis.
|
||
b. not revoke his gift because it was a gift inter vivos.
|
||
c. revoke his gift because it was a gift causa mortis.
|
||
d. revoke his gift because it was a gift inter vivos.
|
Question 71
Marks: 1
Over a forty-year period, Ellen worked in a
variety of jobs. She was also occasionally unemployed, briefly hospitalized,
and suffered a temporary disability. She retired last year. The key federal law
on all of these subjects is
Choose
one answer.
a. the Consolidated Omnibus Budget Reconciliation Act.
|
||
b. the Employee Retirement Income Security Act.
|
||
c. the Federal Insurance Contributions Act.
|
||
d. the Social Security Act.
|
Question 72
Marks: 1
Gina writes and signs a check payable to
"Happy Market." Irma, Happy's manager, indorses the check "For
deposit only." This is
Choose
one answer.
a. a blank indorsement.
|
||
b. a qualified indorsement.
|
||
c. a restrictive indorsement.
|
||
d. a special indorsement.
|
Question 73
Marks: 1
Frank opens an account at Electric City,
and buys a DVD player, but makes no payments on the purchase. In an attempt to
collect the debt, Electric City contacts Frank's parents. This is a violation
of
Choose
one answer.
a. the Fair and Accurate Credit Transactions Act.
|
||
b. the Fair Debt Collection Practices Act.
|
||
c. the Truth-in-Lending Act.
|
||
d. none of the above.
|
Question 74
Marks: 1
First Web Bank, an online financial
institution, keeps financial information about its customers. To review this
information, the U.S. Department of Justice must first obtain
Choose
one answer.
a. a warrant only.
|
||
b. the customers' permission only.
|
||
c. a warrant or the customers' permission.
|
||
d. none of the above.
|
Question 75
Marks: 1
Rural Products Company (RPC) possesses
farmland. RPC has the right to use the property, including harvesting the
crops, for ten years. RPC does not have the right to extract the coal under the
land. This is
Choose
one answer.
a. a fee simple absolute.
|
||
b. a leasehold estate.
|
||
c. a life estate.
|
||
d. an easement.
|
Question 76
Ethan is seventeen years old. Under the
Fair Labor Standards Act, Ethan cannot work
Choose
one answer.
a. during school hours.
|
||
b. in a hazardous occupation.
|
||
c. more than eighteen hours per week.
|
||
d. without a special permit.
|
Question 77
United Farms offers to sell Value Bakeries,
Inc., fifty bushels of wheat. Value's representative Wendy responds, "We
agree to buy fifty bushels only if the wheat is Grade A quality." Wendy's
statement is
Choose
one answer.
a. a breach of the parties' contract.
|
||
b. a counteroffer.
|
||
c. a fulfillment of the parties' contract.
|
||
d. an acceptance.
|
Question 78
Marks: 1
Aero Corporation requires its pilots to
have 20/20 vision without glasses. Neither Beth, an African-American female,
nor Clyde, a fifty-year-old male, can satisfy this requirement. Relief under
the Americans with Disabilities Act is
Choose
one answer.
a. available to Beth and Clyde.
|
||
b. available to Beth only.
|
||
c. available to Clyde only.
|
||
d. not available to Beth or Clyde.
|
Question 79
Friendly Loan Company extends credit in the
ordinary course of its business. Under the Truth-in-Lending Act, Friendly must
inform potential borrowers of
Choose
one answer.
a. credit terms offered by other lenders and its own credit
terms.
|
||
b. only credit terms offered by other lenders.
|
||
c. only its own credit terms.
|
||
d. only the credit terms that will convince borrowers to
"close the deal."
|
Question 80
Miguel buys 1,000 bales of hay from Nuevo
Farms. The parties agree that the hay will be transported F.A.S. via Overland
Transport Company. Nuevo Farms' truck carrying the hay explodes before reaching
Overland Transport. The loss is suffered by
Choose
one answer.
a. Miguel and Nuevo Farms, but not Overland Transport.
|
||
b. Miguel, Nuevo Farms, and Overland Transport.
|
||
c. Miguel only.
|
||
d. Nuevo Farms only.
|
Question 81
Allen and Becky enter into a sales
contract. With respect to the specific contractual provisions set out in the
UCC, Allen and Becky may
Choose
one answer.
a. agree to different terms only to a reasonable extent.
|
||
b. agree to different terms unless they "get
caught."
|
||
c. agree to whatever terms they wish.
|
||
d. not agree to different terms.
|
Question 82
Metro Daily and New City Newsstand enter
into a contract under which Metro agrees to deliver a certain quantity of
newspapers to New City each day. The contract does not include a price term. In
a suit between the parties over the price, a court will
Choose
one answer.
a. determine a reasonable price.
|
||
b. impose the lowest market price.
|
||
c. refuse to enforce the agreement.
|
||
d. return the parties to the positions they held before the
contract.
|
Question 83
Ed's Painting Company contracts with Sam to
paint his house for $2,000. They start the work and are over half finished when
Sam tells them he doesn't have enough money to pay for the job. They finish the
job anyway and sue Sam for the amount of the contract. The most likely outcome
is
Choose
one answer.
a. Ed's Painting completed the work at their own risk knowing
Sam could not pay so they cannot enforce the contract.
|
||
b. Sam will be required to pay consequential and punitive
damages.
|
||
c. Sam will have to pay since substantial performance was
completed before he tried to rescind the contract.
|
||
d. Sam will only have to pay for the amount of work done up to
the time he rescinded the contract.
|
Question 84
Leo removes a small, uprooted, discarded
tree from a construction site on property owned by Mortgage Brokers, Inc., with
the permission of Neil, the on-site supervisor. Leo replants the tree on his
property and due to his care, it grows tall. This is
Choose
one answer.
a. a bailment.
|
||
b. accession.
|
||
c. confusion.
|
||
d. production.
|
Question 85
Online Community Bank, an online financial
institution, sells nonpublic personal information about Quinn and other
customers to E-Marketers, Inc., an unaffiliated third party, without
permission. The bank may be liable under
Choose
one answer.
a. the Federal Trade Commission Act.
|
||
b. the Financial Services Modernization Act.
|
||
c. the Right to Financial Privacy Act.
|
||
d. the Uniform Electronic Transactions Act.
|
Question 86
Consumer Stores, Inc., signs a lease for a
storefront owned by Downtown Property Company. Unlike a purchaser of real
property, Consumer Stores
Choose
one answer.
a. acquires only temporary possession of the premises.
|
||
b. enjoys exclusive possession of the premises.
|
||
c. holds only temporary title to the premises.
|
||
d. retains temporary, exclusive possession and title to the
premises.
|
Question 87
Holly files an employment, gender-based
discrimination suit against Imperial Corporation under Title VII, on a
disparate-impact theory. To succeed, Holly must show that Imperial hires fewer
women than the percentage of
Choose
one answer.
a. qualified women in the local labor market.
|
||
b. qualified women in the United States.
|
||
c. women in Imperial's state.
|
||
d. women who apply to Imperial for work.
|
Question 88
Ed can write checks on his account at First
City Bank. Gina steals the checks, forges Ed's signature, and cashes the checks
at First City. The bank is excused from any liability if, after receipt of the
first forged check, Ed fails to report the forgeries within
Choose
one answer.
a. five days.
|
||
b. fourteen days.
|
||
c. one year.
|
||
d. three years.
|
Question 89
Tom is killed while rock climbing in a
national park. His family sues the park claiming that they failed to warn him
of dangerous conditions. The park's best defense would be based on a theory of
Choose
one answer.
a. assumption of risk.
|
||
b. comparative negligence.
|
||
c. strict liability.
|
||
d. contributory negligence.
|
Question 90
Liquid Cash Company is a brick-and-mortar
money service business. Money Online, Inc., is an Internet-based money service.
The Uniform Money Services Act requires a state license to be obtained by
Choose
one answer.
a. Liquid Cash only.
|
||
b. Liquid Cash and Money Online.
|
||
c. Money Online only.
|
||
d. neither Liquid Cash nor Money Online.
|
Question 91
Standard Wholesalers, Inc., asks United
Purchasing Company to pay for goods with a certified check. A certified check
Choose
one answer.
a. cannot be forged.
|
||
b. does not discharge its drawer from liability.
|
||
c. does not discharge prior indorsers from liability.
|
||
d. is guaranteed by a bank.
|
Question 92
Recreational Supplies, Inc. (RSI), and Sam,
the owner of a Tourist Time shop, orally agree to a sale of beach balls and
seashells for $1,000. Sam gives RSI a check for $400 as a partial payment. This
contract is
Choose
one answer.
a. enforceable to the extent of $400.
|
||
b. fully enforceable because it is for specially made goods.
|
||
c. fully enforceable because it is oral.
|
||
d. not enforceable.
|
Question 93
Doug writes a check for $100 payable to Eve
on his account at First State Bank. The bank is
Choose
one answer.
a. the bearer.
|
||
b. the drawee.
|
||
c. the drawer.
|
||
d. the holder.
|
Question 94
On behalf of Digital Supplies Company, Ed
signs an instrument in which he promises to deliver 1,000 feet of cable to
First Transactions, Inc., on March 1. This instrument is
Choose
one answer.
a. negotiable.
|
||
b. nonnegotiable, because "1,000 feet of cable" is
not a fixed amount of money.
|
||
c. nonnegotiable, because it does not indicate a specific type
of cable.
|
||
d. nonnegotiable, because it does not recite any
consideration.
|
Question 95
Marks: 1
Lloyd and Molly are employees of New Tech
Corporation. They have the same job. Under the Equal Pay Act, New Tech can
legitimately pay Lloyd more than Molly on the basis of
Choose
one answer.
a. Lloyd's greater production only.
|
||
b. Lloyd's greater production or seniority.
|
||
c. Lloyd's greater seniority only.
|
||
d. neither Lloyd's greater production nor his greater
seniority.
|
Question 96
Dora leases a house from Evan for a
two-year term. To ensure the validity of their lease, it should include
Choose
one answer.
a. a description of the premises.
|
||
b. a due date for the payment of the property taxes.
|
||
c. a requirement that Dora perform structural repairs to the
house.
|
||
d. a requirement that Evan carry liability insurance.
|
Question 97
Owen is a holder of a promissory note
obtained from Purchase Money, Inc. Regarding the defenses against payment of
the note to which Purchase Money is subject, Owen, as an ordinary holder, is
subject to
Choose
one answer.
a. more defenses.
|
||
b. no defenses.
|
||
c. some defenses, but not as many.
|
||
d. the same defenses.
|
Question 98
AAA Rental Corporation and Bright Lights,
Inc., are parties to an oral agreement for a lease of goods with payments in
excess of $10,000. They may satisfy the Statute of Frauds by
Choose
one answer.
a. mutually agreeing not to commit fraud.
|
||
b. restating the terms in a phone call.
|
||
c. setting out the terms in an e-mail.
|
||
d. shaking hands on the deal.
|
Question 99
Great Stores, Inc., hires Haul-away Company
to transport fifty large-screen HDTVs from San Diego to Phoenix. En route, a
pothole causes the truck to crash, damaging the goods. Liability for the damage
most likely rests with
Choose
one answer.
a. Great Stores and Haul-away.
|
||
b. Great Stores only.
|
||
c. Haul-away only.
|
||
d. neither Great Stores nor Haul-away.
|
Question 100
Great Video Corporation sells
high-definition televisions. Under most circumstances, Great Video will be
presumed to have warranted that its title to the TVs is
Choose
one answer.
a. bad.
|
||
b. fair.
|
||
c. good.
|
||
d. the best that money can buy at the list price.
|
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