compend multiple choice 66-138 Flashcards by Kathleen Barranco

A permanent order, issued by a court, forbidding activities which would be detrimental to others is

a. a restraining order
b. an injunction
c. a statute
d. a writ of habeus corpus

an injunction

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to read the charge of an indictment is

a. to annul
b. to assault
c. to set bond
d. to arraign

to arraign

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defamation of character by spoken words or gestures is

a. attest
b. slander
c. breach
d. libel

slander

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in the state court, the chief officer is

a. the marshall
b. the bailiff
c. the clerk of the court
d. the judge

the judge

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a temporary order forbidding a certain action is

a. statute
b. restraining order
c. injunction
d. writ of habeus corpus

a restraining order

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the court having sole jurisdiction over estates is

a. the magistrates court
b. the justice of peace
c. the county court at law
d. the probate court

the probate court

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common law is based on

a. customs
b. legacies
c. written law
d. trust

customs

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parol evidence is

a. legality
b. battery
c. spoken words
d. chattel

spoken words

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a formal written command issued by a court of law

a. a writ
b. a warranty deed
c. a note payable
d. a will

a writ

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a failure to volunteer or reveal information not requested is termed

a. default
b. compromise
c. complaint
d. concealment

concealment

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which of the following is not a type of inferior state court?

a. justice of the peace court
b. juvenile court
c. magistrate court
d. small claims court

juvenile court

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laws passed by local governments are

a. ordinances
b. statutes
c. torts
d. unenforceable

ordinances

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the doctrine of stare decisis is concerned with

a. sits
b. torts
c. criminals
d. case law

case law

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a court of original general jurisdiction is

a. an original court
b. a supreme court
c. an appellate court
d. a trial court

a trial court

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the law of the land in the united states is the

a. US constitution
b. president
c. executive decree
d. executory

US constitution

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what is right and just refers to

a. judicial admission
b. equity
c. deprivation
d. superior

equity

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the party who institutes a court action is the

a. administrator
b. bailor
c. plaintiff
d. defendant

plaintiff

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the highest court of the land in the United States is the

a. state supreme court
b. appeals court
c. superior court
d. us supreme court

us supreme court

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the highest court of a state is the

a. court of appeals
b. state supreme court
c. superior court
d. court of original general jurisdiction

state supreme court

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a process may be referred to as

a. a warrant
b. a summons
c. a verdict
d. an appeal

a summons

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a federal court of appeals is

a. a trial court
b. an appellate court
c. a probate court
d. a superior court

an appellate court

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common law developed in

a. england
b. egypt
c. bulgaria
d. mexico

england

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rules of civil conduct commanding what is right and prohibiting what is wrong defines

a. civil law
b. business law
c. tort law
d. law

law

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law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is

a. business law
b. criminal law
c. tort law
d. martial law

business law

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orders and decrees from governmental agencies which have the force of law is considered a. statutory law b. criminal law c. civil law d. administrative law

administrative law

a contract made by a person who is so intoxicated as to be unaware of the consequences is a. void b. valid c. executory d. voidable

voidable

a newspaper advertisement can be an offer if it shows a. mutual agreement b. the price c. intent d. markup

intent

an expressed willingness from a person to enter into contractual agreement is a. an invitation to bid b. a quasi contract c. a written agreement d. an offer

an offer

which of the following is a mistake that does NOT render an agreement defective? a. identity of the subject matter b. identity of the party or parties c. terms of the contract d. existence of the subject matter

terms of the contract

to cancel or annul or avoid a contract is to a. validate b. execute an option c. rescind d. recall

rescind

a person below the adult age is a. legatee b. devisee c. a semi-adult d. a minor

a minor

laws that are designed to protect or prevent any individual from controlling a large share of a market or products are a. consumer protection laws b. anti-trust laws c. production control laws d. nader laws

anti-trust laws

a contract made with which of these people would be considered void? a. intoxicated person b. minor c. adult d. judicially declared insane person

judicially declared insane person

a change of parties with the formation of a new contract is a. assignment b. novation c. delegation d. parole evidence

novation

the violation of the terms of a contract is referred to as a. breach of contract b. common law c. business law d. contract law

breach of contract

a term for blood kin is a. consideration b. relations c. consanguinity d. up-line

consanguinity

the right a minor has to avoid a contract is termed a. ratification b. denial c. abatement d. disaffirmance

disaffirmance

generally, a minor is fully liable for his/her a. contracts b. torts c. scruples d. convicts

torts

which of the following is not a necessary? a. clothes b. food c. movie ticket d. shelter

movie ticket

the statute of frauds states that for contracts classified under this statute to be enforceable they must be a. written contracts b. express contracts c. under seal d. oral contracts

written contracts

a term which means the transfer of one's duty alone without transfer of rights is a. assignment b. novation c. delegation d. ordination

delegation

usury is a term which refers to a. bailment b. contract of obligations c. estoppel d. excess interest

excess interest

a breach of contractual obligation other than money is a. terms of performance b. unenforceable c. interest d. default

default

the term which means a fact that could alter one's decision to enter into a legal binding contract is a. material fact b. an illegal fact c. a usurious fact d. a fraudulent fact

material fact

contracts in which fraud is proven are considered a. valid b. voidable c. enforceable d. void

voidable

price fixing agreements are a. acceptable b. misconstrued c. enforceable d. illegal

illegal

oral contracts are a. unenforceable b. spoken c. void d. voidable

spoken

an offer is rejected by a. an inquiry b. a question c. an acceptance d. a counteroffer

a counteroffer

the party who makes the offer is the a. offeree b. offered c. offeror d. acceptor

offeror

which one of these is a necessary a. CD player b. television c. concert ticket d. medical bill

medical bill

a contract whose terms have been fully carried out is a. exemplary b. executory c. executive d. executed

executed

a contract must always be a. an implied contract b. an agreement c. an executed contract d. a probated contract

an agreement

a contract which is based upon acts being done in consideration for a promise is called a. a bilateral contract b. a unilateral contract c. a formal contract d. an express contract

a unilateral contract

a contract in which the duties and obligations assumed by the parties are not verbalized but indicated by their actions is known as a. an express contract b. a bilateral contract c. a unilateral contract d. an implied contract

an implied contract

a contract in which the parties make known their intentions by words is a. a formal contract b. a simple contract c. a unilateral contract d. an express contract

an express contract

a contract which is written so that either party may consider it as a joint obligation or a group of individual obligations is a. a joint contract b. a joint and several contract c. a several contract d. an assigned contract

a joint and several contract

caveat emptor means a. the cave is empty b. beware of the seller c. let the buyer beware d. merchant beware

let the buyer beware

when a buyer takes actual possession of goods which have been offered for sale, this action is called a. an acceptance b. a receipt c. a bill of sale d. a contract to sell

an acceptance

goods which are owned by the seller and are physically in existence at the time of the contract are known as a. existing goods b. identified goods c. future goods d. fungible goods

existing goods

when the buyer makes a selection of goods which are to be purchased from the seller, the goods are classified as a. existing goods b. future goods c. identified goods d. fungible goods

identified goods

goods of a homogenous nature which are sold by weight or measure are known as a. identified goods b. fungible goods c. existing goods d. future goods

fungible goods

bailment in which the bailee does not recieve any compensation is a. gratuitous bailment b. incidental bailment c. extraordinary bailment d. fiduciary bailment

gratuitous bailment

reasonable care, under circumstances, is a required standard in ordinary bailments by the a. bailor b. assessor c. agent d. bailee

bailee

a carrier owned by a shipper for the purpose of shipping its own goods is a. public carrier b. progressive carrier c. prohibited carrier d. private carrier

private carrier

a document of title which sets forth the contract between the shipper and carrier is the a. bill of lading b. bill of shipment c. bill of consignment d. bill of contents

bill of lading

the deposit of tangible personal property as security for some debt or obligation is a. liability b. pawn c. pledge d. consignment

pawn

in a bailment, the person who retains the title but gives up possession of the goods is the a. bailee b. consignee c. contractor d. bailor

bailor

in an auction, goods which are offered for sale that cannot be withdrawn are classified as a. goods offered with reserve b. consigned goods c. goods offered without reserve d. future goods

goods offered without reserve

a carrier that transports goods and persons for a fee for all who apply for services and without discrimination is called a a. consignment carrier b. private carrier c. common carrier d. contract carrier

common carrier

indorsements of commercial paper include which of the following? 1. warranted indorsement 2. blank indorsement 3. qualified indorsement 4. restrictive indorsement a. 1,2 and 3 b. 1,2 and 4 c. 1,3 and 4 d. 2,3 and 4

2,3 and 4 blank indorsement qualified indorsement restrictive indorsement

the person who signs a promissory note and is obligated to pay at maturity is called the a. payer of the note b. holder of the note c. acceptor of the note d. maker of the note

maker of the note