Question 1

In Kauffman-Harmon v.Kauffman,when Mr.Kauffman sued his children to have all stock given to them transferred back to him,claiming their possession was only a temporary trust:

Accepted Answer

A)  the court found that a temporary trust had indeed been created and that Mr. Kauffman was the equitable owner of the stock. 
B)  the court found that Mr. Kauffman was the equitable owner of the stock because the children had participated in a fraud when accepting ownership of the stock. 
C)  the court found that the children owned the stock because Mr. Kauffman's request for the return of the stock and the subsequent law suit came after the statute of limitations had run so he was barred from recovery. 
D)  the court found that the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine 
A)  the court found that a temporary trust had indeed been created and that Mr. Kauffman was the equitable owner of the stock. 
B)  the court found that Mr. Kauffman was the equitable owner of the stock because the children had participated in a fraud when accepting ownership of the stock. 
C)  the court found that the children owned the stock because Mr. Kauffman's request for the return of the stock and the subsequent law suit came after the statute of limitations had run so he was barred from recovery. 
D)  the court found that the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine D

Question 2

New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants.This law would be defined as a/an:

Accepted Answer

A)  ordinance. 
B)  regulation. 
C)  statute. 
D)  common law 
A)  ordinance. 
B)  regulation. 
C)  statute. 
D)  common law A

Question 3

Freedom of Speech,as defined in the Constitution,is an example of substantive law.

Accepted Answer

A) True 
 B)False  True

Question 4

The clean hands doctrine is most specifically applied to:

Accepted Answer

A)  primarily plaintiff's. 
B)  primarily defendants. 
C)  both plaintiffs and defendants equally. 
D)  the judge and jury deciding the case 
A)  primarily plaintiff's. 
B)  primarily defendants. 
C)  both plaintiffs and defendants equally. 
D)  the judge and jury deciding the case

Question 5

Kathy,a fashion model,witnesses a motor vehicle accident but does not stop because she was late for her pedicure and simply didn't want to get involved.Had she stopped she could have saved the life of Tom who was thrown from the car and landed in a water filled ditch,without danger to herself.When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation she sues Kathy.The state has no "good samaritan" laws or duty to assist laws but such cases have been brought in the past.Which of the following will the court apply when making a decision in this case?

Accepted Answer

A)  statutory law 
B)  administrative law 
C)  common law 
D)  equity law 
A)  statutory law 
B)  administrative law 
C)  common law 
D)  equity law

Question 6

A zoning law which regulates what a landowner may or may not do with their privately owned property is an example of a public law.

Accepted Answer

A) True 
 B)False

Question 7

Mike is a high school dropout employed as a counter worker at a Kentucky Fried Chicken Outlet (KFC)in Georgia.He has been voted the employee of the month and has been awarded a trip to Louisville,KY to visit the KFC headquarters.While there,he notices an open wall safe and when he looks inside he discovers the Colonels secret recipe of 23 herbs and spices.He quickly makes a copy and returns the original to the safe.Once he arrives home he contacts a number of local fried chicken restaurants and offers to sell them the recipe.When KFC finds out what he's doing they immediately sue him,but discover that there are no applicable trade secret statutes.What effect does the failure of an applicable statute have and what,if anything,can KFC do?

Accepted Answer

When there are no applicable statutes,th

Question 8

Legal positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be changed by the government.

Accepted Answer

A) True 
 B)False

Question 9

A presidential veto may be overridden by a 2/3 majority vote of the Senate.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is not a primary source of law?

Accepted Answer

A)  uniform model law 
B)  administrative law 
C)  federal common law 
D)  state common law 
A)  uniform model law 
B)  administrative law 
C)  federal common law 
D)  state common law

Question 11

Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.

Accepted Answer

A) True 
 B)False

Question 12

Criminal law can also be characterized as public law but can never be considered private law.

Accepted Answer

A) True 
 B)False

Question 13

Legal Realism is the oldest form of American jurisprudence and was founded during the American Revolution and forms the basis for the United States Constitution.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following is not available in a court of equity?

Accepted Answer

A)  an order for the payment of money damages for a breach of contract 
B)  an order prohibiting the building of a 16 foot fence in a residential neighborhood 
C)  an order requiring teachers to stop picketing in a particular area 
D)  an order requiring a party to turn over goods after being found guilty of breach of contract 
A)  an order for the payment of money damages for a breach of contract 
B)  an order prohibiting the building of a 16 foot fence in a residential neighborhood 
C)  an order requiring teachers to stop picketing in a particular area 
D)  an order requiring a party to turn over goods after being found guilty of breach of contract

Question 15

A statute of limitations that most appropriately falls under the equitable maxim is:

Accepted Answer

A)  clean hands doctrine. 
B)  substance over form. 
C)  remedies at law are preferred over remedies in equity. 
D)  equity aids the vigilant 
A)  clean hands doctrine. 
B)  substance over form. 
C)  remedies at law are preferred over remedies in equity. 
D)  equity aids the vigilant

Question 16

A state's appellate court has made a decision in a particular case.That decision becomes case precedent in all cases except those cases heard in:

Accepted Answer

A)  the state's Supreme or highest court. 
B)  the state's special courts such as family or probate court. 
C)  the state's general trial court. 
D)  the state's inferior or small claims court 
A)  the state's Supreme or highest court. 
B)  the state's special courts such as family or probate court. 
C)  the state's general trial court. 
D)  the state's inferior or small claims court

Question 17

Under the American legal system,subject to some exceptions,costs of litigation regarding both the plaintiff and defendant:

Accepted Answer

A)  are all paid by the loser. 
B)  are all paid by the winner. 
C)  are paid for by each side with the plaintiff and defendant paying for their own legal costs. 
D)  are totaled by the court and then for fairness, split in half with each side paying an equal amount 
A)  are all paid by the loser. 
B)  are all paid by the winner. 
C)  are paid for by each side with the plaintiff and defendant paying for their own legal costs. 
D)  are totaled by the court and then for fairness, split in half with each side paying an equal amount

Question 18

The official publication of federal statutory law is the:

Accepted Answer

A)  Federal Register. 
B)  Consolidated Statutes of the United States. 
C)  Code of Congressional Statutes. 
D)  United States Code 
A)  Federal Register. 
B)  Consolidated Statutes of the United States. 
C)  Code of Congressional Statutes. 
D)  United States Code

Question 19

Black's Law Dictionary,as cited in the book defining the term law,includes each of the following except:

Accepted Answer

A)  law is a body of rules. 
B)  law is conduct prescribed by a controlling authority. 
C)  law has a binding force. 
D)  law regulates personal ethics 
A)  law is a body of rules. 
B)  law is conduct prescribed by a controlling authority. 
C)  law has a binding force. 
D)  law regulates personal ethics

Question 20

Judicial opinions are also known as the ________ of the case.

Accepted Answer

The answer of Judicial opinions are also known as the...

Exam 1: Legal Foundations

In Kauffman-Harmon v.Kauffman,when Mr.Kauffman sued his children to have all stock given to them transferred back to him,claiming their possession was only a temporary trust:

New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants.This law would be defined as a/an:

Freedom of Speech,as defined in the Constitution,is an example of substantive law.

The clean hands doctrine is most specifically applied to:

A zoning law which regulates what a landowner may or may not do with their privately owned property is an example of a public law.

Legal positivists believe that agreed upon laws should be uniformly and strictly enforced and may only be changed by the government.

A presidential veto may be overridden by a 2/3 majority vote of the Senate.

Which of the following is not a primary source of law?

Criminal law is designed to compensate parties for money lost as a result of another's unlawful conduct.

Criminal law can also be characterized as public law but can never be considered private law.

Legal Realism is the oldest form of American jurisprudence and was founded during the American Revolution and forms the basis for the United States Constitution.

Which of the following is not available in a court of equity?

A statute of limitations that most appropriately falls under the equitable maxim is:

A state's appellate court has made a decision in a particular case.That decision becomes case precedent in all cases except those cases heard in:

Under the American legal system,subject to some exceptions,costs of litigation regarding both the plaintiff and defendant:

The official publication of federal statutory law is the:

Black's Law Dictionary,as cited in the book defining the term law,includes each of the following except:

Judicial opinions are also known as the ________ of the case.

Business and the Constitution

The American Judicial System,Jurisdiction,and Venue

Resolving Disputes: Litigation and Alternative Dispute Resolution Options

Business,Societal,and Ethical Contexts of Law

Overview and Formation of Contracts

Contract Performance: Conditions, Breach, and Remedies

Contracts for the Sale of Goods

Torts and Product Liability

Agency and Employment Relationships

Employment Regulation and Labor Law

Employment Discrimination

Choice of Business Entity, Sole Proprietorships, and Partnerships

Limited Liability Partnerships, limited Liability Companies, and Other Business Arrangements

Corporations

Regulation of Securities, corporate Governance, and Financial Markets

Administrative Law

Environmental Law

Antitrust and Regulation of Competition

Creditors Rights and Bankruptcy

Consumer Protection Law

Criminal Law and Procedure in Business

Personal Property, Real Property, and Land Use Law

Intellectual Property

International Law and Global Commerce

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