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LEGAL ASPECT EXAM MIDTERM

Total questions: 50

Worksheet time: 30mins

Name
Class
Date
1.

What is a Sole Proprietorship?

a)

Business owned by president

b)

Business owned by several companies

c)

Business owned by one person

d)

Business owned by a company

2.

A Sole proprietor concern is free from regulation by

a)

Indian Contract Act

b)

Government

c)

Private Indian

d)

Indian Law

3.

Sole proprietorship business owner has

a)

Restricted Liability

b)

No Liability

c)

Unlimited Liability

d)

Limited Liability

4.

What type of agreement is used to form a partnership business?

a)

Written agreement

b)

Oral Agreement

c)

Written or Oral Agreement

d)

No Agreement required

5.

Common seal is used as

a)

Agreement

b)

Signature

c)

Approved agreement

d)

Non approved agreement

6.

A company is a ___

a)

sole proprietorship

b)

corporation

c)

partnership

d)

business option

7.

Which type of legal system is based on a very detailed set of laws organized into codes?

a)

Contract law

b)

Civil law

c)

Common law

d)

Theocratic law

8.
The sharing of profits in a partnership is based on
a)
the age of each partner
b)
the experience of each partner in business
c)
the number of years each individual has been a partner
d)
the amount of capital invested by each partner
9.

What do you call the owner/s of a corporation?

a)

Stockholders

b)

Shareholders

c)

Partners

d)

Board of Directors

10.

They execute the corporation's business plan and must take all the means to do so.

a)

shareholders

b)

stockholders

c)

board of directors

d)

SEC

11.

What is Limited Liability ?

a)

a type of legal structure for an organization where a corporate loss will not exceed the amount invested in a partnership

b)

a person who organizes and operates a business or businesses, taking on greater than normal financial risks in order to do so.

c)

the process of comparing expected results with actual performance

12.

2. It is a meeting of minds?

a)

A. Principles

b)

B. Obligation

c)

C. Contract

d)

D. Agreement

13.

3. It is the omission of that diligence which is required by the nature of the obligation and corresponds with the circumstances of the person ,time and place. (Art 1173)

a)

A. Fraud

b)

B. Delay

c)

C. Default

d)

D. Negligence

14.

What is a contract?

a)

Minecraft

b)

An agreement enforceable by law

c)

Valid offer

d)

legal ability to enter a contract

15.

Immaterial alteration made in a written document or contract by one party without the consent of the other will make the contract

a)

Voidable

b)

Void

c)

Illegal

d)

Unenforceable

16.

It is the most basic form of partnership. It does not require forming a business entity with the state. all partners have independent power to bind the business to contracts and loans. Each partner also has a total liability, meaning they are personally responsible for all of the business's debts and legal obligations.

a)

General partnership

b)

Limited partnership

c)

Limited liability partnership

17.

Partners invest in the business for financial returns and are not responsible for its debts and liabilities. This silent partner limited liability means limited partners can share in the profits, but they cannot lose more than they've invested.

a)

General partnership

b)

Limited partnership

c)

Limited liability partnership

18.

WRITE YOUR ANSWERS IN ALL CAPS

This is a Type of Partner that have an obligation of strict liability to third parties injured by the partnership.

(a)  

19.

WRITE YOUR ANSWERS IN ALL CAPS

This is a Type of partner who usually provides capital to the business. They still share in the profits and losses of the business, but they are uninvolved in the management, and/or whose association with the business I not publicly known.

(a)  

20.

It is the term we use where a person has the right to choose the person or persons he wants to become his partner/s taking into consideration such sterling qualities as honesty, integrity, and more importantly are trust and confidence.

(a)  

21.

This is an essential element of the partnership. The partnership is the result of a contract. It does not arise from status, operation of law or inheritance. Thus, at the time of death of the father, who was a partner in the partnership firm, the son can claim a share in the partnership property but cannot become a partner unless he enters into a contract for the same with other persons concerned.

a)

Contract for Partnership

b)

Sharing of Profits

c)

Mutual Agency in a Partnership

d)

Carrying on of Business in a Partnership

22.

This essential element provides that the agreement to carry on business must be with the object of sharing profits amongst all the partners. Thus, there would be no partnership where the business is carried on with a philanthropic motive and not for making a profit or where only one of the persons is entitled to the whole of the profits of the business. The partners may however, agree to share the profits in any ratio they like.

a)

Contract for Partnership

b)

Sharing of Profits

c)

Mutual Agency in a Partnership

d)

Carrying on of Business in a Partnership

23.

The fifth element in the definition of partnership provides that the business must be carried on by all the partners or any (one or more) of them acting for them all,

a)

Contract for Partnership

b)

Sharing of Profits

c)

Mutual Agency in a Partnership

d)

Carrying on of Business in a Partnership

24.

Every contract of partnership, having a capital of Php3,000 or more in money or property, shall appear in public instrument, which must be recorded in the Office of Securities Exchange Commission

Failure to comply with the requirements of the preceding paragraph shall not affect the liability of the partnership and the members thereof to third persons.

(a)  

25.

Which is not true for a corporation

a)

A corporation is a legal entity that is separate and distinct from its owners.

b)

Corporations enjoy most of the rights and responsibilities that individuals possess

c)

A corporation can enter contracts, cannot loan and borrow money, sue and be sued, hire employees, own assets, and pay taxes.

d)

A corporation is a legal entity created by individuals, stockholders, or shareholders, with the purpose of operating for profit.

26.

This is an Advantage of a Corporate Form Business in which It has continuity of existence. As distinguished from the partnership, it has a separate and distinct personality from the members composing it, unaffected by death, resignation, or insolvency of any of its stockholders or members.

a)

. Strong Legal Personality

b)

Limited Liability to Investors

c)

. Free Transferability of Units of Investment

d)

Centralized Management

27.

– In a corporate setting, as a general rule, the shares of stocks can be transferred without the consent of the other stockholders.

a)

. Strong Legal Personality

b)

Limited Liability to Investors

c)

. Free Transferability of Units of Investment

d)

Centralized Management

28.

The board of directors and Shareholders are not agents of the corporation, nor can they bind the corporations.

a)

. Strong Legal Personality

b)

Limited Liability to Investors

c)

. Free Transferability of Units of Investment

d)

Centralized Management

29.

In corporation, the control belongs to the Board of Directors. There is also a limited liability on the part of shareholders. On the contrary, the owner in the sole proprietorship is in command of the whole business and stands to lose as much as he pits in and even more to the extent of all his personal holdings.

a)

True

b)

False

c)

Somewhat true

30.

Corporation has a stronger legal personality, enabling it to continue despite the death, insolvency or withdrawal if any of its stockholders or members.

a)

True

b)

False

c)

Somewhat true

31.

This type of corporation is formed or organized for the government of a portion of the State. Example: municipality for government functions.

a)

Public Corporation

b)

Private Corporation

c)

Quasi Public Corporation

32.

Corporation is a cross between private corporations and public corporation. Examples: School districts, water districts, PLDT.

a)

Public Corporation

b)

Private Corporation

c)

Quasi Public Corporation

33.

All the members or corporations exercise their right to vote to elect the directors and other officers of the corporation; the stocks are open for public subscription.

a)

De Jure Corporation.

b)

De facto Corporation

c)

Corporation Sole.

d)

Open Corporations.

34.

Those who failed to comply with one or two legal requirements of the law

a)

De Jure Corporation.

b)

De facto Corporation

c)

Corporation Sole.

d)

Open Corporations.

35.

It is a corporation which complied with the requirements of the Law

a)

De Jure Corporation.

b)

De facto Corporation

c)

Corporation Sole.

d)

Open Corporations.

36.

WRITE YOUR ANSWERS IN ALL CAPS

This corporation is established for charitable purposes

(a)  

37.

WRITE YOUR ANSWERS IN ALL CAPS

This corporation is established for religious purposes

(a)  

38.

Under Article 1156 of the Civil COde of the Philippines. The debtor is obliged to deliver the movable or immovable thing to the creditor, which means their

a)

Obligation to give

b)

Obligation to do

c)

Obligation not to do

39.

Under Article 1156 of the Civil COde of the Philippines. all kinds of works or services, whether physical or mental is covered here. Example Contract for events organizing, professional services like painting, modeling, singing

a)

Obligation to give

b)

Obligation to do

c)

Obligation not to do

40.

Under Article 1156 of the Civil COde of the Philippines. this means refraining from doing some acts like the obligation of a building proprietor to refrain from committing nuisance through noise, offensive odor, smoke, heat, etc.

a)

Obligation to give

b)

Obligation to do

c)

Obligation not to do

41.

WRITE YOUR ANSWERS IN ALL CAPS.

This is an Element of Obligation where the one who is demanding the performance of the obligation. It is he who in his favor the obligation is constituted, established or created. He is called the creditor or oblige.

(a)  

42.

WRITE YOUR ANSWERS IN ALL CAPS.

This is an Element of Obligation where The one bound to perform the presentation to give, to do or not to do. He is called the debtor or obligor.

(a)  

43.

Kinds of Obligation as to Judicial Enforceability. This is an obligation, which if not fulfilled when becomes due and demandable, may be enforced in court thorough action.

a)

Civil Obligation

b)

Natural Obligation

c)

Moral Obligation

44.

Kinds of Obligation as to Judicial Enforceability. This is a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor

a)

Civil Obligation

b)

Natural Obligation

c)

Moral Obligation

45.

It is a kind of obligation in which only one of the parties is bound to fulfill a presentation

(a)  

46.

WRITE YOUR ANSWERS IN ALL CAPS:

This is a kind of obligation in which both parties are bound to perform a part in the obligation

(a)  

47.

a valid contract because it contains all of the essential requisites prescribed by law, bit which is defective die to injury or damage of either of the contracting parties or to third persons as a consequence of which it may be rescinded by means of a proper acion for rescission.

a)

Rescissible Contract

b)

Voidable

c)

Unenforceable Contract

d)

Void Contract

48.

It is a contract which is valid until annulled.

a)

Resistible Contract

b)

Voidable

c)

Unenforceable Contract

d)

Void Contract

49.

Contract. Those that cannot be enforced by a proper action in court UNLESS they are ratified (approved).

a)

Resistible Contract

b)

Voidable

c)

Unenforceable Contract

d)

Void Contract

50.

It is considered to be inexistent by the operation of law.

a)

Resistible Contract

b)

Voidable

c)

Unenforceable Contract

d)

Void Contract