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WorksheetsBL EOY
Total questions: 136
Worksheet time: 1hrs 8mins
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.
True
False
When parties exchange goods for goods, the sale is a barter.
True
False
The Uniform Commercial Code (UCC) does not govern contracts to sell goods in the future.
True
False
In both sales and contracts to sell, the seller is known as the vendee.
True
False
The bill of sale serves as written evidence of the transfer of ownership of goods.
True
False
Words or conduct of the buyer that indicate that the goods received are satisfactory can be construed by the court as acceptance.
True
False
Casual sellers are also considered merchants.
True
False
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.
True
False
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.
True
False
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.
True
False
Consideration for a sale or contract to sell goods may be expressed in the form of
barter
money
services
all of these
According to the UCC, goods do not include
books and clothing
dogs
patents and copyrights
all of these
Acceptance of goods occurs when
the goods are used or resold
the buyer has indicated by words or conduct that the goods received are satisfactory
the buyer fails to reject the goods within a reasonable length of time
all of these
When payment for goods takes place at a later date, the transfer of title takes place when
the buyer selects and agrees to buy the goods in the seller's store
the goods are accepted by the buyer
delivery is made
the final payment is made
Casual sellers
may be required to be licensed.
only sell occasionally
only sell casual items
are usually subjected to special taxation
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
binding to the extent admitted
still null and void
totally enforceable
none of these
Which of the following alternatives may a court that decides that a clause of a contract is unconscionable not do?
refuse to enforce the contract
enforce the contract without the clause
limit the clause's application so that it is no long unfair
prosecute the clause's maker for criminal influence
With a few exceptions to be enforceable in court, a contract must be evidenced in writing if the goods are valued at
$500 or more
$1,000 or more
$2,500 or more
$5,000 or more
Sherry offers to sell her set of antique dishes to her neighbor, Joan. In this situation Sherry would be known as a(n)
vendor
merchant
vendee
none of these
What governs the sale of goods as well as contracts to sell goods in the future?
Statute of Frauds
Universal Commercial Code
bill of sale
none of these
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)
bill of sale
sales contract
agreement of sale
none of these
Under the provisions of the Uniform Commercial Code, which of the following holds true in regard to regulation, licensing, and taxation?
A casual seller and merchant are held to the same standards of conduct
Buyers and sellers are to be treated differently
A casual buyer and merchant are held to the same standards of conduct
A merchant is held to a higher standard than a casual seller
Goods that might suffice but do not meet the buyer’s specifications are _______________ goods
non-conforming
accommodating
conforming
tangible
Which of the following transactions would be governed by the UCC provisions on sale of goods?
the assignment of a right to a performance
the transfer of ownership of rare coins
the transfer of ownership of a building
All of these would be governed by the UCC provisions on the sale of goods.
Which of the following must be included in a writing evidencing a sale of goods in order to satisfy the Statute of Frauds?
price of the goods
quantity of the goods
date of delivery
credit terms
Those who die without a valid will are said to have died testate.
True
False
A will is a legal expression by which a person directs how his or her property is to be distributed after death.
True
False
Once made, a will cannot be changed or canceled.
True
False
Some statutory provisions allow certain relatives to override the will's terms and receive more of the estate than the will provided.
True
False
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.
True
False
A codicil need not be executed with the same formalities as a will.
True
False
A trust created for the fulfillment of an altruistic purpose is known as a spendthrift trust.
True
False
A resulting trust is formed when the entity intended to receive the benefit of an express trust cannot do so.
True
False
The creator of a trust is known as the trustee.
True
False
A trust created in accordance with directions in the will of a decedent is labeled a testamentary trust.
True
False
The female maker of a will is properly called
an administratrix
an executrix
a testatrix
a trustee
A court-appointed male personal representative overseeing an estate is called
an administrator
an executor
a testator
a trustee
In most states a person under age 18 does not have
testamentary capacity
testamentary lucidity
testamentary formality
all of these
A will only takes effect
upon the death of the maker
upon the witnesses signing it
upon the official recording of it
upon the one-year anniversary of the death of the maker
If proclaimed during the maker's last illness or by service personnel on active duty, some states will recognize
a codicil
a holographic will
a nuncupative will
a testamentary trust
The party for whose benefit the trust is managed is the
state
beneficiary
donee
trustee
A trust created during the lifetime of the settlor is
a charitable trust
an inter vivos trust
a spendthrift trust
a testamentary trust
The trust that protects the beneficiary's interest in the subject property from the beneficiary's creditors is
a charitable trust
an inter vivos trust
a spendthrift trust
a testamentary trust
A constructive trust is a type of
charitable trust
express trust
implied trust
private trust
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
codicil
revocable will
nuncupative will
holographic will
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?
per stirpes
per escheats
per testamentary
per capita
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
administrator
testator
executor
both administrator and testator
Which of the following statements regarding the revocation of a will is not true?
Destroying an existing will clearly revokes it.
A codicil will revoke an existing will and replace it with a new one.
In some states an existing will is immediately revoked if the maker marries, has a child, or adopts a child.
Divorce does not automatically cancel an existing will.
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)
living will
codicil
testamentary will
trust
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)
testamentary trust
inter vivos trust
spendthrift trust
resulting trust
A person need not be supervised to be classified as an employee.
True
False
An independent contractor receives pay without supervision.
True
False
Generally, an employee can be discharged if unable to do the work because of illness or injury.
True
False
The minimum wage and overtime requirements of the law do not apply to salaried executives, administrators, and professional workers.
True
False
The person who hired an independent contractor usually is liable for the contractor's torts.
True
False
All employees are entitled to due process before being discharged.
True
False
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.
True
False
In calculating the maximum number of hours a young person may work, some states count school hours.
True
False
When state child-labor laws have stricter standards than federal laws, the state laws control.
True
False
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.
True
False
An employment relationship can be established without
a contract to pay.
a specified duration.
supervision and control.
all of these.
Employees that can be discharged at any time are
employees working at will.
employees working for a specific term.
public employees.
none of these.
Which employee duty is violated when the employee reveals confidential information about the employer or its business.
duty of loyalty and honesty
duty of obedience
duty of reasonable performance
duty of reasonable skill
Which employee duty obligates the employee to look out for the employer's best interest?
duty of loyalty and honesty
duty of obedience
duty of reasonable performance
duty of reasonable skill
What duty is owed to the employee by the employer?
duty of accounting
duty of obedience
duty of reasonable skill
duty of reasonable treatment
The minimum wage and maximum hours for employees is established by
child labor laws.
the employer.
the Fair Labor Standards Act.
the Fair Pay for Labor Act.
If an employer fires an employee in retaliation for the employee's reporting unlawful conduct by the employer it is termed
discharged for cause.
discharged without cause.
a wrongful discharge.
discrimination.
An employee who is discharged without cause is entitled to
unemployment compensation.
workers' compensation.
both unemployment compensation.and workers' compensation.
none of these.
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
due process.
administrative review.
labor review procedure.
none of these
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
FICA
workers' compensation
OSHA
unemployment compensation
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)
independent contractor.
employee contractor
employee
dependent contractor
Which of the following statements regarding child-labor laws is true?
Only the federal government regulates the conditions of employment for individuals under 18 years of age.
The Fair Labor Standards Act makes it illegal to hire anyone at all who is under 14 years of age.
When a state's child-labor laws are stricter than the federal law, the federal law rules.
Some states set a common maximum number of combined school and work hours at 48 hours per week.
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?
Cooper cannot fire Toni without giving her due notice by law.
Cooper can fire Toni for cause and is not responsible for paying her any damages whatsoever.
Cooper can fire Toni for cause but is responsible for paying her damages for breach of her employment contract.
Once fired, Toni will be eligible for unemployment compensation.
Which of the following is not true concerning employees who are members of the armed services?
They cannot be discriminated against while on leave for active duty.
The exception is for members of the National Guard who are called into service multiple times.
They must receive the same level of pay, seniority, and benefits they would have received if not on leave for active duty.
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.
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?
If Jorge quits prior to June 30, Greenlake can sue him for breach of contract.
If he is discharged without cause, Jorge will not receive unemployment compensation.
Jorge's job as head administrator is terminable at will.
None of these.
The major advantage of the corporate form over the partnership form is in the way the corporate form is taxed.
True
False
The biggest disadvantage of a corporation is the inability to transfer ownership rights in it.
True
False
In general, a corporation can be formed for any lawful purpose.
True
False
The majority shareholder of a corporation can act for the corporation and bind it by contract.
True
False
A corporation that files for bankruptcy must be dissolved.
True
False
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.
True
False
A corporation cannot acquire and hold stock in other corporations.
True
False
A corporation can make its own reasonable rules and regulations for the internal management of its affairs.
True
False
In a merger of corporations, the two corporations cease to exist and a new corporation is formed.
True
False
The directors have a fiduciary duty to the corporation.
True
False
A corporation doing business in one state but chartered in another state is called
an alien corporation.
a domestic corporation.
a foreign corporation.
none of these.
Corporations established for a governmental purpose are legally termed
private corporations.
public corporations.
public service corporations.
profit-making corporations
Electric, gas, and water companies are examples of
private corporations.
public corporations.
public service corporations.
profit-making corporations
The application for incorporation filed with a state government is termed the
articles of incorporation.
business judgment rule.
bylaws.
stock certificate.
The basic type of stock carrying the right to one vote per share owned is termed
common stock.
preferred stock.
participating stock
none of these.
The directors of a corporation
make or ratify contracts for the corporation.
appoint and set the salaries of the top officers of the company.
set major goals and determine basic policies for the corporation.
all of these.
When two corporations cease to exist and a new corporation is formed, it is called
a consolidation.
a merger.
franchising.
none of these.
A corporation has the power
of perpetual succession.
to make its own bylaws.
to use any legal means to conduct authorized business.
all of these.
Shareholders do not have the right to
inspect corporate books of account.
possess any corporate property.
transfer shares.
all of these.
The right to increase the capital stock of the corporation
belongs to the shareholders alone.
is done only by proxy vote.
is the preemptive right.
none of these.
Under extreme conditions, courts will disregard the corporation’s limited liability protection and make the stockholders _______________ in a practice called “piercing the corporate veil.”
go to jail
declare bankruptcy
sell all their stock in the company
personally responsible for the debts
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
promoter.
director.
common stockholder.
preferred stockholder.
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?
It can continue to function after their deaths.
Ownership interests are easily transferred.
A corporation is subject to double taxation.
The corporation, not individual stockholders, are liable for the corporation's debts.
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)
public corporation
foreign corporation.
domestic corporation.
alien corporation.
Which of the following is not one of the steps in the incorporation process?
promotion of the business idea and the corporate form for it
filing the articles of incorporation with the state government
receiving the corporate charter from the state and initiating business
All are steps in the incorporation process.
False advertising laws do not apply to online marketing.
True
False
ISPs can be held liable for the actions of their users relating to intellectual property violations.
True
False
A P2P network is
a pay-to-play website
a professional network
network of peer-to-peer sharing
none of the above.
Most laws that were created for real-world (offline) events do not apply to online actions.
True
False
Which type of contract forces consumers to wait to read the terms after they have already purchased the product?
click-wrap contracts,
shrink-wrap contracts,
browse-wrap agreements
all of these
The GLBA is a federal law protecting personal health information.
True
False
Which of these states have strict laws on personal and biometric data security and breach notification?
Illinois
Massachusetts
California
all of these
Biometric data can include
fingerprints
retinal scans
social security numbers
fingerprints and retinal scans
all of these
Contracts created solely using online forms and signatures cannot be enforced.
True
False
HIPAA was created to require financial institutions to protect personal account information.
True
False
Most states have not enacted laws protecting employees and consumers from biometric data collection and geolocation tracking.
True
False
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.
True
False
A pawnbroker, under a pledge agreement, has the right to garnish one's wages.
True
False
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.
True
False
Usually usury laws that set maximum interest rates apply only to loans of money.
True
False
In some states, a debtor is not required to pay a debt unless a receipt is given.
True
False
Bankruptcy laws protect only the debtors.
True
False
Bankruptcy is always at the voluntary request of the debtor.
True
False
The law provides an order of priority for payout of the proceeds of a bankruptcy liquidation.
True
False
The liability for unauthorized use of an ATM/debit card is more expensive than that of a credit card.
True
False
Alimony and child support obligations can be discharged in bankruptcy.
True
False
A person who has not been paid for labor to build a home is allowed to file a legal claim against the property under
an artisan's lien.
a mechanic's lien.
a pawn.
a pledge.
A person who has not been paid for services is allowed to retain possession of the repaired property until payment is made under
an artisan's lien.
a mechanic's lien.
a pawn.
a pledge.
Which act permits merchants to offer discounts to customers who pay cash instead of using credit cards?
Federal Fair Credit Act
Federal Fair Credit Billing Act
Federal Fair Debt Collection Practices Act
Federal Fair Discount Billing Act
The loss or theft of a credit card
should not be reported.
leaves the cardholder liable for unauthorized use.
raises the interest rate on the card.
none of these
The part of the bankruptcy law that controls liquidation of nonexempt property of the debtor is
Chapter 7.
Chapter 11.
Chapter 12.
Chapter 13.
The section of the bankruptcy law whose procedure is available only to individuals who have regular income is
Chapter 7.
Chapter 11.
Chapter 12.
Chapter 13.
Certain types of claims that cannot be discharged by bankruptcy might include
claims against the debtor for fraud or embezzlement.
judgments resulting from driving while intoxicated.
student loans owed to the government.
all of these.
The first to be paid from the proceeds of a bankruptcy liquidation would be for
administrative expenses.
certain unpaid taxes.
secured creditors.
unpaid wages, salaries, and commissions.
The last class of creditors to receive any of the proceeds, if available, from a Chapter 7 bankruptcy liquidation is the
administrators of the bankruptcy estate.
creditors due wages and salaries.
unsecured creditors.
unsecured governmental claims for taxes.
A default on a loan occurs when
a debtor misses three straight payments.
a debtor destroys the property.
a debtor misses one payment.
a debtor leaves the jurisdiction.
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?
Fair Credit Billing Act
the UCC
Fair Credit Reporting Act
Equal Credit Opportunity Act
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?
Chapter 7
Chapter 11
Chapter 12
Chapter 13
The primary difference between a suretyship and a guarantorship is
the guarantor is only secondarily liable for the debtor's obligation(s).
a suretyship requires a lawsuit against the defaulting debtor before pursuing the surety.
a surety merely "promises" that the debtor will pay.
none of these.
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?
UCC
Consumer Credit Protection Act
Equal Credit Opportunity Act
Fair Credit Act
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
pledgee.
guarantor.
pledgor.
debtor.
