Herb a computer programmer for inventory control corporation

QUESTION 1

Criminal law as opposed to civil law is concerned most with:

the prosecution of private individuals by other private individuals.

the prosecution of public officials by private individuals.

the relief available when a person’s rights are violated.

wrongs committed against the public as a whole.

6 points

QUESTION 2

Which of the following is considered tangible personal property?

A car

A copyright on a book

A house attached to property

A plot of land

6 points

QUESTION 3

The covenant of quiet enjoyment requires a landlord to leave the tenant undisturbed in the tenants enjoyment of the property.

True

False

6 points

QUESTION 4

Which of the following is copyrightable?

The idea of a dark and stormy night in a horror novel.

An invention for the light bulb.

The television show The Sopranos

The trademark word Aspirin.

6 points

QUESTION 5

Which of the following is not a type of trademark that determines partially how strong a mark is?

Descriptive

Suggestive

Arbitrary

Invented

6 points

QUESTION 6

What are the elements of a contract?

(1) offer; (2) acceptance; (3) consideration; (4) mutuality of obligation; (5) competency and capacity; and, in certain circumstances, (6) a written instrument.

Path: pWords:0

7 points

QUESTION 7

In which of the following situations is revocation of an offer effective:

Alice has a unilateral contract. The offer is to paint her house for $50. Bob begins to paint the house before he finishes Alice tries to revoke the contract

Bob offers to sell a car to Bill. He promises to keep the offer open for two weeks. After one week, he tells Bill that the offer is revoked.

Same facts as above except this time Bill pays Bob $10 to keep the offer open.

7 points

QUESTION 8

Which of the following is not a type of business entity?

A sole proprietorship

A corporation

A collaboration

A partnership

7 points

QUESTION 9

What are the two main types of fiduciary duties owed by partners to one another and the partnership?

Loyalty & Care

Path: pWords:0

7 points

QUESTION 10

Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer’s parking lot on suspicion of larceny. Herb must be informed of his right to

a trial by jury.

punishment.

question witnesses.

remain silent.

7 points

QUESTION 11

Patty creates a formal will designating how she would like her estate distributed after she dies. Patty is a(n)

testator.

heir.

executor.

administrator.

7 points

QUESTION 12

Johnny is a minor. As a minor, Boyd has the capacity to enter into

an invalid contract.

an unavoidable contract.

a valid contract that may be disaffirmed.

no contract.

7 points

QUESTION 13

When determining whether procedural unconscionability exists, what factor with the court not take into consideration:

The relative bargaining power of the parties.

The age of the parties.

Whether the terms of the agreement are unfair.

The experience of the parties.

7 points

QUESTION 14

Unilateral mistake (where the party not laboring under the mistake is not aware the other party is mistake) is the basis for declaring a contract invalid.

True

False

7 points

QUESTION 15

Which right is not found in the sixth amdendment?

The right to confront witnesses

Right to an attorney

Due process

A speedy trial.