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BL EOY

Total questions: 136

Worksheet time: 1hrs 8mins

Name
Class
Date
1.

A contract in which ownership of (title to) goods transfers immediately from the seller to the buyer for a price is a contract to sell.

a)

True

b)

False

2.

When parties exchange goods for goods, the sale is a barter.

a)

True

b)

False

3.

The Uniform Commercial Code (UCC) does not govern contracts to sell goods in the future.

a)

True

b)

False

4.

In both sales and contracts to sell, the seller is known as the vendee.

a)

True

b)

False

5.

The bill of sale serves as written evidence of the transfer of ownership of goods.

a)

True

b)

False

6.

Words or conduct of the buyer that indicate that the goods received are satisfactory can be construed by the court as acceptance.

a)

True

b)

False

7.

Casual sellers are also considered merchants.

a)

True

b)

False

8.

When both parties are merchants, a new term inserted by the offeree automatically becomes part of the contract if the offeror fails to object within a reasonable time.

a)

True

b)

False

9.

Even if a party against whom enforcement of an oral contract is sought admits in legal pleadings or testimony that he or she agreed to part or all of a contract, a signed writing is still necessary to satisfy the Statute of Frauds.

a)

True

b)

False

10.

If the buyer has had adequate opportunity to inspect the goods, acceptance may be indicated by a failure to reject them within a reasonable time.

a)

True

b)

False

11.

Consideration for a sale or contract to sell goods may be expressed in the form of

a)

barter

b)

money

c)

services

d)

all of these

12.

According to the UCC, goods do not include

a)

books and clothing

b)

dogs

c)

patents and copyrights

d)

all of these

13.

Acceptance of goods occurs when

a)

the goods are used or resold

b)

the buyer has indicated by words or conduct that the goods received are satisfactory

c)

the buyer fails to reject the goods within a reasonable length of time

d)

all of these

14.

When payment for goods takes place at a later date, the transfer of title takes place when

a)

the buyer selects and agrees to buy the goods in the seller's store

b)

the goods are accepted by the buyer

c)

delivery is made

d)

the final payment is made

15.

Casual sellers

a)

may be required to be licensed.

b)

only sell occasionally

c)

only sell casual items

d)

are usually subjected to special taxation

16.

If a party admits in legal testimony that he or she agreed to part or all of an oral contract governed by the Statute of Frauds, the contract would be

a)

binding to the extent admitted

b)

still null and void

c)

totally enforceable

d)

none of these

17.

Which of the following alternatives may a court that decides that a clause of a contract is unconscionable not do?

a)

refuse to enforce the contract

b)

enforce the contract without the clause

c)

limit the clause's application so that it is no long unfair

d)

prosecute the clause's maker for criminal influence

18.

With a few exceptions to be enforceable in court, a contract must be evidenced in writing if the goods are valued at

a)

$500 or more

b)

$1,000 or more

c)

$2,500 or more

d)

$5,000 or more

19.

Sherry offers to sell her set of antique dishes to her neighbor, Joan. In this situation Sherry would be known as a(n)

a)

vendor

b)

merchant

c)

vendee

d)

none of these

20.

What governs the sale of goods as well as contracts to sell goods in the future?

a)

Statute of Frauds

b)

Universal Commercial Code

c)

bill of sale

d)

none of these

21.

Shawn needs a new refrigerator for his home. At a local appliance store, he purchases one for $825 using his credit card. The appliance store should provide Shawn with a written receipt showing his payment and the transfer of the ownership of the refrigerator from the appliance store to him. This receipt is known as a(n)

a)

bill of sale

b)

sales contract

c)

agreement of sale

d)

none of these

22.

Under the provisions of the Uniform Commercial Code, which of the following holds true in regard to regulation, licensing, and taxation?

a)

A casual seller and merchant are held to the same standards of conduct

b)

Buyers and sellers are to be treated differently

c)

A casual buyer and merchant are held to the same standards of conduct

d)

A merchant is held to a higher standard than a casual seller

23.

Goods that might suffice but do not meet the buyer’s specifications are _______________ goods

a)

non-conforming

b)

accommodating

c)

conforming

d)

tangible

24.

Which of the following transactions would be governed by the UCC provisions on sale of goods?

a)

the assignment of a right to a performance

b)

the transfer of ownership of rare coins

c)

the transfer of ownership of a building

d)

All of these would be governed by the UCC provisions on the sale of goods.

25.

Which of the following must be included in a writing evidencing a sale of goods in order to satisfy the Statute of Frauds?

a)

price of the goods

b)

quantity of the goods

c)

date of delivery

d)

credit terms

26.

Those who die without a valid will are said to have died testate.

a)

True

b)

False

27.

A will is a legal expression by which a person directs how his or her property is to be distributed after death.

a)

True

b)

False

28.

Once made, a will cannot be changed or canceled.

a)

True

b)

False

29.

Some statutory provisions allow certain relatives to override the will's terms and receive more of the estate than the will provided.

a)

True

b)

False

30.

A holographic will as long as it was written entirely by the decedent’s own hand, signed by him or her, and not witnessed is recognized in all states.

a)

True

b)

False

31.

A codicil need not be executed with the same formalities as a will.

a)

True

b)

False

32.

A trust created for the fulfillment of an altruistic purpose is known as a spendthrift trust.

a)

True

b)

False

33.

A resulting trust is formed when the entity intended to receive the benefit of an express trust cannot do so.

a)

True

b)

False

34.

The creator of a trust is known as the trustee.

a)

True

b)

False

35.

A trust created in accordance with directions in the will of a decedent is labeled a testamentary trust.

a)

True

b)

False

36.

The female maker of a will is properly called

a)

an administratrix

b)

an executrix

c)

a testatrix

d)

a trustee

37.

A court-appointed male personal representative overseeing an estate is called

a)

an administrator

b)

an executor

c)

a testator

d)

a trustee

38.

In most states a person under age 18 does not have

a)

testamentary capacity

b)

testamentary lucidity

c)

testamentary formality

d)

all of these

39.

A will only takes effect

a)

upon the death of the maker

b)

upon the witnesses signing it

c)

upon the official recording of it

d)

upon the one-year anniversary of the death of the maker

40.

If proclaimed during the maker's last illness or by service personnel on active duty, some states will recognize

a)

a codicil

b)

a holographic will

c)

a nuncupative will

d)

a testamentary trust

41.

The party for whose benefit the trust is managed is the

a)

state

b)

beneficiary

c)

donee

d)

trustee

42.

A trust created during the lifetime of the settlor is

a)

a charitable trust

b)

an inter vivos trust

c)

a spendthrift trust

d)

a testamentary trust

43.

The trust that protects the beneficiary's interest in the subject property from the beneficiary's creditors is

a)

a charitable trust

b)

an inter vivos trust

c)

a spendthrift trust

d)

a testamentary trust

44.

A constructive trust is a type of

a)

charitable trust

b)

express trust

c)

implied trust

d)

private trust

45.

Because he was unable to write, just prior to his death Oscar called his son and daughter to his bedside. Both his doctor and nurse were there when Oscar clearly told them his desires for the division of his estate after this death. Oscar created a

a)

codicil

b)

revocable will

c)

nuncupative will

d)

holographic will

46.

Marla has two living children, David and Al, who each have two children. Her daughter Amy was killed in an automobile accident last year and left three surviving children. Marla wants her will to specify that her children and grandchildren equally split her estate. Which of the following terms matches her desires?

a)

per stirpes

b)

per escheats

c)

per testamentary

d)

per capita

47.

When Betty died, her children could find no evidence of a will. The probate court, therefore, had the power to settle Betty's extensive estate and appointed Jerry to take charge of Betty's property. Jerry is the

a)

administrator

b)

testator

c)

executor

d)

both administrator and testator

48.

Which of the following statements regarding the revocation of a will is not true?

a)

Destroying an existing will clearly revokes it.

b)

A codicil will revoke an existing will and replace it with a new one.

c)

In some states an existing will is immediately revoked if the maker marries, has a child, or adopts a child.

d)

Divorce does not automatically cancel an existing will.

49.

Skip has an estate valued at more than $2,000,000 and would like to transfer some of the property to his attorney with clear instructions as to how this property is to be managed during and after his life for the benefit of his wife and children. To do this Skip will want to create a(n)

a)

living will

b)

codicil

c)

testamentary will

d)

trust

50.

Included in Chuck's will are provisions for the creation of a trust after his death for the benefit of his two handicapped children. By these provisions Chuck has provided for the creation of a(n)

a)

testamentary trust

b)

inter vivos trust

c)

spendthrift trust

d)

resulting trust

51.

A person need not be supervised to be classified as an employee.

a)

True

b)

False

52.

An independent contractor receives pay without supervision.

a)

True

b)

False

53.

Generally, an employee can be discharged if unable to do the work because of illness or injury.

a)

True

b)

False

54.

The minimum wage and overtime requirements of the law do not apply to salaried executives, administrators, and professional workers.

a)

True

b)

False

55.

The person who hired an independent contractor usually is liable for the contractor's torts.

a)

True

b)

False

56.

All employees are entitled to due process before being discharged.

a)

True

b)

False

57.

If the job to be done by an independent contractor is inherently dangerous, such as blasting with dynamite, the party who hired the independent contractor may be liable to anyone injured.

a)

True

b)

False

58.

In calculating the maximum number of hours a young person may work, some states count school hours.

a)

True

b)

False

59.

When state child-labor laws have stricter standards than federal laws, the state laws control.

a)

True

b)

False

60.

Under the controlling federal act, if more than 40 hours are worked in one week, overtime must be paid at two times the regular rate.

a)

True

b)

False

61.

An employment relationship can be established without

a)

a contract to pay.

b)

a specified duration.

c)

supervision and control.

d)

all of these.

62.

Employees that can be discharged at any time are

a)

employees working at will.

b)

employees working for a specific term.

c)

public employees.

d)

none of these.

63.

Which employee duty is violated when the employee reveals confidential information about the employer or its business.

a)

duty of loyalty and honesty

b)

duty of obedience

c)

duty of reasonable performance

d)

duty of reasonable skill

64.

Which employee duty obligates the employee to look out for the employer's best interest?

a)

duty of loyalty and honesty

b)

duty of obedience

c)

duty of reasonable performance

d)

duty of reasonable skill

65.

What duty is owed to the employee by the employer?

a)

duty of accounting

b)

duty of obedience

c)

duty of reasonable skill

d)

duty of reasonable treatment

66.

The minimum wage and maximum hours for employees is established by

a)

child labor laws.

b)

the employer.

c)

the Fair Labor Standards Act.

d)

the Fair Pay for Labor Act.

67.

If an employer fires an employee in retaliation for the employee's reporting unlawful conduct by the employer it is termed

a)

discharged for cause.

b)

discharged without cause.

c)

a wrongful discharge.

d)

discrimination.

68.

An employee who is discharged without cause is entitled to

a)

unemployment compensation.

b)

workers' compensation.

c)

both unemployment compensation.and workers' compensation.

d)

none of these.

69.

Public employees are entitled to notice of the reasons for the discharge along with a hearing before being terminated. This procedure is referred to as

a)

due process.

b)

administrative review.

c)

labor review procedure.

d)

none of these

70.

After Stacey was laid off she was unable to quickly obtain a new job. The government program that will provide her with short-term income is called

a)

FICA

b)

workers' compensation

c)

OSHA

d)

unemployment compensation

71.

Reilly is the owner and manager of Retro Boutique. He has hired Jody to work in his store under his direct supervision in which she will perform a variety of tasks including retail sales, inventory, and stocking. In this situation Jody is known as a(n)

a)

independent contractor.

b)

employee contractor

c)

employee

d)

dependent contractor

72.

Which of the following statements regarding child-labor laws is true?

a)

Only the federal government regulates the conditions of employment for individuals under 18 years of age.

b)

The Fair Labor Standards Act makes it illegal to hire anyone at all who is under 14 years of age.

c)

When a state's child-labor laws are stricter than the federal law, the federal law rules.

d)

Some states set a common maximum number of combined school and work hours at 48 hours per week.

73.

Toni presented Calvin Cooper, the president of Cooper Copters, Inc., with a resume in which she stated she was a recent graduate of a business college and typed 90+ words per minute. Based upon Toni's representation of her skill level, Cooper hired her to work as his executive secretary. In a short time Cooper learned that Toni had never attended a business college and could barely type 9 words per minute. Which of the following statements is true about this employment situation?

a)

Cooper cannot fire Toni without giving her due notice by law.

b)

Cooper can fire Toni for cause and is not responsible for paying her any damages whatsoever.

c)

Cooper can fire Toni for cause but is responsible for paying her damages for breach of her employment contract.

d)

Once fired, Toni will be eligible for unemployment compensation.

74.

Which of the following is not true concerning employees who are members of the armed services?

a)

They cannot be discriminated against while on leave for active duty.

b)

The exception is for members of the National Guard who are called into service multiple times.

c)

They must receive the same level of pay, seniority, and benefits they would have received if not on leave for active duty.

d)

They are guaranteed to be reinstated to positions equivalent to or the same as those held prior to their leave of absence to serve their company.

75.

Greenlake School hired Jorge to work as the school's head administrator for a period of 12 months beginning July 1 and ending the next year on June 30. Which of the following statements regarding Jorge's work arrangement is true?

a)

If Jorge quits prior to June 30, Greenlake can sue him for breach of contract.

b)

If he is discharged without cause, Jorge will not receive unemployment compensation.

c)

Jorge's job as head administrator is terminable at will.

d)

None of these.

76.

The major advantage of the corporate form over the partnership form is in the way the corporate form is taxed.

a)

True

b)

False

77.

The biggest disadvantage of a corporation is the inability to transfer ownership rights in it.

a)

True

b)

False

78.

In general, a corporation can be formed for any lawful purpose.

a)

True

b)

False

79.

The majority shareholder of a corporation can act for the corporation and bind it by contract.

a)

True

b)

False

80.

A corporation that files for bankruptcy must be dissolved.

a)

True

b)

False

81.

As a corporation is a legal entity separate and distinct from its owners and managers, it may continue indefinitely with new owners, managers, and employees and thereby enjoy perpetual life.

a)

True

b)

False

82.

A corporation cannot acquire and hold stock in other corporations.

a)

True

b)

False

83.

A corporation can make its own reasonable rules and regulations for the internal management of its affairs.

a)

True

b)

False

84.

In a merger of corporations, the two corporations cease to exist and a new corporation is formed.

a)

True

b)

False

85.

The directors have a fiduciary duty to the corporation.

a)

True

b)

False

86.

A corporation doing business in one state but chartered in another state is called

a)

an alien corporation.

b)

a domestic corporation.

c)

a foreign corporation.

d)

none of these.

87.

Corporations established for a governmental purpose are legally termed

a)

private corporations.

b)

public corporations.

c)

public service corporations.

d)

profit-making corporations

88.

Electric, gas, and water companies are examples of

a)

private corporations.

b)

public corporations.

c)

public service corporations.

d)

profit-making corporations

89.

The application for incorporation filed with a state government is termed the

a)

articles of incorporation.

b)

business judgment rule.

c)

bylaws.

d)

stock certificate.

90.

The basic type of stock carrying the right to one vote per share owned is termed

a)

common stock.

b)

preferred stock.

c)

participating stock

d)

none of these.

91.

The directors of a corporation

a)

make or ratify contracts for the corporation.

b)

appoint and set the salaries of the top officers of the company.

c)

set major goals and determine basic policies for the corporation.

d)

all of these.

92.

When two corporations cease to exist and a new corporation is formed, it is called

a)

a consolidation.

b)

a merger.

c)

franchising.

d)

none of these.

93.

A corporation has the power

a)

of perpetual succession.

b)

to make its own bylaws.

c)

to use any legal means to conduct authorized business.

d)

all of these.

94.

Shareholders do not have the right to

a)

inspect corporate books of account.

b)

possess any corporate property.

c)

transfer shares.

d)

all of these.

95.

The right to increase the capital stock of the corporation

a)

belongs to the shareholders alone.

b)

is done only by proxy vote.

c)

is the preemptive right.

d)

none of these.

96.

Under extreme conditions, courts will disregard the corporation’s limited liability protection and make the stockholders _______________ in a practice called “piercing the corporate veil.”

a)

go to jail

b)

declare bankruptcy

c)

sell all their stock in the company

d)

personally responsible for the debts

97.

Mazher invested $10,000 and purchased 200 shares of stock in Trans Pacific Exporting, Inc. His 200 shares of stock do not entitle him to vote in the corporation's affairs, but he is guaranteed to receive $10 per share each year of the distribution of the corporation's profits. Mazher is a

a)

promoter.

b)

director.

c)

common stockholder.

d)

preferred stockholder.

98.

Henry and Madelyn own and operate a small court-reporting school and have often considered incorporating their business. Which of the following is a disadvantage of a corporation?

a)

It can continue to function after their deaths.

b)

Ownership interests are easily transferred.

c)

A corporation is subject to double taxation.

d)

The corporation, not individual stockholders, are liable for the corporation's debts.

99.

Melvin and Larry individually each owned two restaurants in Oklahoma City. The two decided to form a corporation, Southern Restaurant Management Group, Inc., to collectively manage their combined four restaurants. Although the four restaurants are in Oklahoma, Melvin and Larry incorporated outside the United States in the Cayman Islands. Their new corporation is termed a(n)

a)

public corporation

b)

foreign corporation.

c)

domestic corporation.

d)

alien corporation.

100.

Which of the following is not one of the steps in the incorporation process?

a)

promotion of the business idea and the corporate form for it

b)

filing the articles of incorporation with the state government

c)

receiving the corporate charter from the state and initiating business

d)

All are steps in the incorporation process.

101.

False advertising laws do not apply to online marketing.

a)

True

b)

False

102.

ISPs can be held liable for the actions of their users relating to intellectual property violations.

a)

True

b)

False

103.

A P2P network is

a)

a pay-to-play website

b)

a professional network

c)

network of peer-to-peer sharing

d)

none of the above.

104.

Most laws that were created for real-world (offline) events do not apply to online actions.

a)

True

b)

False

105.

Which type of contract forces consumers to wait to read the terms after they have already purchased the product?

a)

click-wrap contracts,

b)

shrink-wrap contracts,

c)

browse-wrap agreements

d)

all of these

106.

The GLBA is a federal law protecting personal health information.

a)

True

b)

False

107.

Which of these states have strict laws on personal and biometric data security and breach notification?

a)

Illinois

b)

Massachusetts

c)

California

d)

all of these

108.

Biometric data can include

a)

fingerprints

b)

retinal scans

c)

social security numbers

d)

fingerprints and retinal scans

e)

all of these

109.

Contracts created solely using online forms and signatures cannot be enforced.

a)

True

b)

False

110.

HIPAA was created to require financial institutions to protect personal account information.

a)

True

b)

False

111.

Most states have not enacted laws protecting employees and consumers from biometric data collection and geolocation tracking.

a)

True

b)

False

112.

Pledged property may be repledged to a third party as long as the terms of the pledge to the third party do not prevent the original pledgor from getting the property back when the debt is paid.

a)

True

b)

False

113.

A pawnbroker, under a pledge agreement, has the right to garnish one's wages.

a)

True

b)

False

114.

A surety is discharged if the creditor releases the primary debtor or alters the obligation, as by extending the time of performance, without the surety’s consent.

a)

True

b)

False

115.

Usually usury laws that set maximum interest rates apply only to loans of money.

a)

True

b)

False

116.

In some states, a debtor is not required to pay a debt unless a receipt is given.

a)

True

b)

False

117.

Bankruptcy laws protect only the debtors.

a)

True

b)

False

118.

Bankruptcy is always at the voluntary request of the debtor.

a)

True

b)

False

119.

The law provides an order of priority for payout of the proceeds of a bankruptcy liquidation.

a)

True

b)

False

120.

The liability for unauthorized use of an ATM/debit card is more expensive than that of a credit card.

a)

True

b)

False

121.

Alimony and child support obligations can be discharged in bankruptcy.

a)

True

b)

False

122.

A person who has not been paid for labor to build a home is allowed to file a legal claim against the property under

a)

an artisan's lien.

b)

a mechanic's lien.

c)

a pawn.

d)

a pledge.

123.

A person who has not been paid for services is allowed to retain possession of the repaired property until payment is made under

a)

an artisan's lien.

b)

a mechanic's lien.

c)

a pawn.

d)

a pledge.

124.

Which act permits merchants to offer discounts to customers who pay cash instead of using credit cards?

a)

Federal Fair Credit Act

b)

Federal Fair Credit Billing Act

c)

Federal Fair Debt Collection Practices Act

d)

Federal Fair Discount Billing Act

125.

The loss or theft of a credit card

a)

should not be reported.

b)

leaves the cardholder liable for unauthorized use.

c)

raises the interest rate on the card.

d)

none of these

126.

The part of the bankruptcy law that controls liquidation of nonexempt property of the debtor is

a)

Chapter 7.

b)

Chapter 11.

c)

Chapter 12.

d)

Chapter 13.

127.

The section of the bankruptcy law whose procedure is available only to individuals who have regular income is

a)

Chapter 7.

b)

Chapter 11.

c)

Chapter 12.

d)

Chapter 13.

128.

Certain types of claims that cannot be discharged by bankruptcy might include

a)

claims against the debtor for fraud or embezzlement.

b)

judgments resulting from driving while intoxicated.

c)

student loans owed to the government.

d)

all of these.

129.

The first to be paid from the proceeds of a bankruptcy liquidation would be for

a)

administrative expenses.

b)

certain unpaid taxes.

c)

secured creditors.

d)

unpaid wages, salaries, and commissions.

130.

The last class of creditors to receive any of the proceeds, if available, from a Chapter 7 bankruptcy liquidation is the

a)

administrators of the bankruptcy estate.

b)

creditors due wages and salaries.

c)

unsecured creditors.

d)

unsecured governmental claims for taxes.

131.

A default on a loan occurs when

a)

a debtor misses three straight payments.

b)

a debtor destroys the property.

c)

a debtor misses one payment.

d)

a debtor leaves the jurisdiction.

132.

Maxine charged the $129 purchase of a new VCR on her credit card. The VCR, however, was defective. What federal law will allow her to withhold payment on her credit card for the defective VCR without being held liable for the entire amount owed?

a)

Fair Credit Billing Act

b)

the UCC

c)

Fair Credit Reporting Act

d)

Equal Credit Opportunity Act

133.

Under which bankruptcy relief plan must the debtor have regular income, unsecured debts of less than $360,475 and/or secured debts of less than $1,081,500?

a)

Chapter 7

b)

Chapter 11

c)

Chapter 12

d)

Chapter 13

134.

The primary difference between a suretyship and a guarantorship is

a)

the guarantor is only secondarily liable for the debtor's obligation(s).

b)

a suretyship requires a lawsuit against the defaulting debtor before pursuing the surety.

c)

a surety merely "promises" that the debtor will pay.

d)

none of these.

135.

First California Finance has an unwritten policy in which it refuses to loan money to any person of Northern European descent, regardless of creditworthiness. Which federal law makes First California Finance's policy illegal?

a)

UCC

b)

Consumer Credit Protection Act

c)

Equal Credit Opportunity Act

d)

Fair Credit Act

136.

Betty's home needs to be painted. Her nephew, Dwight, has agreed to paint her house if she will provide the paint and pay him $700. Dwight is unreliable, and Betty fears that he will start the job and not finish it. Dwight gives Betty his car and the keys to the car to hold as his guarantee that he will fulfill his obligation to her. In this situation, Betty is the

a)

pledgee.

b)

guarantor.

c)

pledgor.

d)

debtor.