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MORS200 law > compend multiple choice 66-138 > Flashcards

compend multiple choice 66-138 Flashcards

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1
Q

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

A

an injunction

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2
Q

to read the charge of an indictment is

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

A

to arraign

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3
Q

defamation of character by spoken words or gestures is

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

A

slander

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4
Q

in the state court, the chief officer is

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

A

the judge

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5
Q

a temporary order forbidding a certain action is

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

A

a restraining order

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6
Q

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

A

the probate court

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7
Q

common law is based on

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

A

customs

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8
Q

parol evidence is

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

A

spoken words

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9
Q

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

a writ

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10
Q

a failure to volunteer or reveal information not requested is termed

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

A

concealment

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11
Q

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

A

juvenile court

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12
Q

laws passed by local governments are

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

A

ordinances

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13
Q

the doctrine of stare decisis is concerned with

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

A

case law

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14
Q

a court of original general jurisdiction is

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

A

a trial court

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15
Q

the law of the land in the united states is the

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

A

US constitution

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16
Q

what is right and just refers to

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

A

equity

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17
Q

the party who institutes a court action is the

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

A

plaintiff

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18
Q

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

A

us supreme court

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19
Q

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

A

state supreme court

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20
Q

a process may be referred to as

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

A

a summons

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21
Q

a federal court of appeals is

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

A

an appellate court

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22
Q

common law developed in

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

A

england

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23
Q

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

A

law

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24
Q

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

A

business law

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25
Q

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

A

administrative law

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26
Q

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

A

voidable

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27
Q

a newspaper advertisement can be an offer if it shows

a. mutual agreement
b. the price
c. intent
d. markup

A

intent

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28
Q

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

A

an offer

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29
Q

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

A

terms of the contract

30
Q

to cancel or annul or avoid a contract is to

a. validate
b. execute an option
c. rescind
d. recall

A

rescind

31
Q

a person below the adult age is

a. legatee
b. devisee
c. a semi-adult
d. a minor

A

a minor

32
Q

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

A

anti-trust laws

33
Q

a contract made with which of these people would be considered void?

a. intoxicated person
b. minor
c. adult
d. judicially declared insane person

A

judicially declared insane person

34
Q

a change of parties with the formation of a new contract is

a. assignment
b. novation
c. delegation
d. parole evidence

A

novation

35
Q

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

A

breach of contract

36
Q

a term for blood kin is

a. consideration
b. relations
c. consanguinity
d. up-line

A

consanguinity

37
Q

the right a minor has to avoid a contract is termed

a. ratification
b. denial
c. abatement
d. disaffirmance

A

disaffirmance

38
Q

generally, a minor is fully liable for his/her

a. contracts
b. torts
c. scruples
d. convicts

A

torts

39
Q

which of the following is not a necessary?

a. clothes
b. food
c. movie ticket
d. shelter

A

movie ticket

40
Q

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

A

written contracts

41
Q

a term which means the transfer of one’s duty alone without transfer of rights is

a. assignment
b. novation
c. delegation
d. ordination

A

delegation

42
Q

usury is a term which refers to

a. bailment
b. contract of obligations
c. estoppel
d. excess interest

A

excess interest

43
Q

a breach of contractual obligation other than money is

a. terms of performance
b. unenforceable
c. interest
d. default

A

default

44
Q

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

A

material fact

45
Q

contracts in which fraud is proven are considered

a. valid
b. voidable
c. enforceable
d. void

A

voidable

46
Q

price fixing agreements are

a. acceptable
b. misconstrued
c. enforceable
d. illegal

A

illegal

47
Q

oral contracts are

a. unenforceable
b. spoken
c. void
d. voidable

A

spoken

48
Q

an offer is rejected by

a. an inquiry
b. a question
c. an acceptance
d. a counteroffer

A

a counteroffer

49
Q

the party who makes the offer is the

a. offeree
b. offered
c. offeror
d. acceptor

A

offeror

50
Q

which one of these is a necessary

a. CD player
b. television
c. concert ticket
d. medical bill

A

medical bill

51
Q

a contract whose terms have been fully carried out is

a. exemplary
b. executory
c. executive
d. executed

A

executed

52
Q

a contract must always be

a. an implied contract
b. an agreement
c. an executed contract
d. a probated contract

A

an agreement

53
Q

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

a unilateral contract

54
Q

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

A

an implied contract

55
Q

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

A

an express contract

56
Q

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

a joint and several contract

57
Q

caveat emptor means

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

A

let the buyer beware

58
Q

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

A

an acceptance

59
Q

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

A

existing goods

60
Q

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

A

identified goods

61
Q

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

A

fungible goods

62
Q

bailment in which the bailee does not recieve any compensation is

a. gratuitous bailment
b. incidental bailment
c. extraordinary bailment
d. fiduciary bailment

A

gratuitous bailment

63
Q

reasonable care, under circumstances, is a required standard in ordinary bailments by the

a. bailor
b. assessor
c. agent
d. bailee

A

bailee

64
Q

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

A

private carrier

65
Q

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

A

bill of lading

66
Q

the deposit of tangible personal property as security for some debt or obligation is

a. liability
b. pawn
c. pledge
d. consignment

A

pawn

67
Q

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

A

bailor

68
Q

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

A

goods offered without reserve

69
Q

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

A

common carrier

70
Q

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

A

2,3 and 4

blank indorsement
qualified indorsement
restrictive indorsement

71
Q

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

A

maker of the note

MORS200 law (1 decks)

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