Deck 27: A: Checks,the Banking System,and E-Money

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Question
When a customer's negligence contributes to a forgery,the bank normally is obligated to recredit the customer's account for the amount of the check.
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Question
Whenever a bank-customer relationship is established,certain contractual rights and duties arise.
Question
A drawer must have a valid legal ground for issuing a stop-payment order,or the holder can sue the drawer for payment.
Question
A customer has a right to stop payment on a check that has been certified.
Question
The bank on which a check is drawn is the depositary bank.
Question
A bank is not obligated to pay an uncertified check presented more than six months from its date.
Question
UCC Articles 3 and 4 govern issues relating to checks.
Question
The incompetence of a customer immediately revokes a bank's authority to pay an item.
Question
No one can refuse to accept a substitute check as proof of payment.
Question
Under Check 21,the maximum time that a bank can hold funds from deposited checks before making them available to the depositor will increase.
Question
Any local check deposited must be avail?able for withdrawal by check or as cash within not more than five business days from the date of deposit.
Question
Gaining unauthorized access to an electronic fund transfer system constitutes a federal felony.
Question
A bank that has certified a check is under no obligation to accept it.
Question
When a bank properly dishonors a check for insufficient funds,it has no liability to the customer.
Question
A bank has no right to charge a customer's account for the amount of a stale check.
Question
A check is a special type of draft.
Question
A forged signature on a check has no legal effect as the signature of a drawer.
Question
If a customer's debit card is lost or stolen and used without permission,the customer shall be required to pay no more than $50 in any event.
Question
A bank may charge a postdated check against a customer's account.
Question
At the present time,it is not clear which,if any,laws apply to the security of e-money issuers' financial records.
Question
Fact Pattern 27-1B
Echo takes her car to Fix-It,Inc. ,which repairs the car and bills Echo for $500.Echo writes out a check drawn on Capital Bank,but later,believing that Fix-It did not repair the car properly,issues a stop-payment order.
Refer to Fact Pattern 27-1B.If Capital Bank pays the check,Capital

A)can sue Echo for a wrongful stop-payment order.
B)can sue Fix-It for breach of contract.
C)can sue no one because it paid a check that was not properly payable.
D)is liable for Echo's loss due to the wrongful payment.
Question
Kirk presents an instrument that states "pay to the order of Liv" to Metro Bank for payment.This is a special type of draft drawn on a bank,ordering the bank to pay a fixed amount of money on demand.This is

A)a certificate of deposit.
B)a check.
C)a debit card transaction receipt.
D)a trade acceptance.
Question
Delilah's debit card,issued by Encarta Bank,is stolen and used without Delilah's permission.Delilah tells the bank within thirty days.Delilah may be re?quired to pay no more than

A)$5.
B)$50.
C)$500.
D)$5,000.
Question
Fact Pattern 27-2B
Thom draws a check,on his account in State Bank in New York,payable to Digital Computers,Inc. ,in San Francisco.Digital deposits the check in its ac?count at First National Bank.First National deposits the check in the Federal Reserve Bank of San Francisco,which transfers it to the Federal Reserve Bank of New York.That Federal Reserve Bank sends the check to State Bank.
Refer to Fact Pattern 27-2B.Thom's bank is

A)the cashing bank.
B)the depositary bank.
C)the intermediary bank.
D)the payor bank.
Question
Brendan signs a check "pay to the order of City College Bookstore" drawn on his account in Delmar Bank to pay for his current semester's textbooks.The bookstore deposits the check in its account in Evergreen Bank.Like most checks,this check is

A)a one-party instrument.
B)a four-party instrument.
C)a three-party instrument.
D)a two-party instrument.
Question
Steve steals one of Tricia's checks and forges her signature.Tricia's bank,Unity Bank,pays the check.Tricia can recover from

A)Steve,but not Unity Bank.
B)Unity Bank,which cannot recover from Steve.
C)Unity Bank,which can recover from Steve.
D)no one.
Question
Taki forges Uriel's signature on a check "payable to the order of Taki" drawn on Uriel's account in Verity Bank.Most likely,if the bank pays the check

A)the Federal Reserve will reimburse all parties for their costs.
B)the loss will be covered by Verity's insurance policy.
C)Uriel will be liable for the amount.
D)Verity will have to recredit Uriel's account.
Question
Cornucopia Bank receives a check drawn on the account of Get-Rich Industries,Inc. ,one of the bank's customers,at 3 p.m.Friday.Harry,the pre?senter of the check,is not one of the bank's customers.The bank uses de?ferred posting with a 2 p.m.cutoff hour.If it decides to dis?honor the check,it must do so by midnight

A)Saturday.
B)Sunday.
C)Monday.
D)Tuesday.
Question
On Monday,Eve deposits in her account at First State Bank a local check for $500.After 5:00 p.m.on Friday,from these funds,Eve can withdraw no more than

A)$100.
B)$400.
C)$500.
D)$600.
Question
London knowingly divulges to BreakingNews.com information about Neandro's e-money payments to Oracle Oil Corporation without the consent of Neandro or Oracle.London may be in violation of federal law

A)if the e-payments were in electronic storage at the time.
B)if the e-payments were legitimate.
C)if the e-payments are not represented by physical evidence.
D)under none of these circumstances.
Question
Fact Pattern 27-1B
Echo takes her car to Fix-It,Inc. ,which repairs the car and bills Echo for $500.Echo writes out a check drawn on Capital Bank,but later,believing that Fix-It did not repair the car properly,issues a stop-payment order.
Refer to Fact Pattern 27-1B.Capital Bank

A)is liable to Fix-It for the amount of the check.
B)must stop payment if Capital has a reasonable time to act.
C)need not stop payment unless Echo had a valid reason to act.
D)need not follow Echo's order unless the check was certified.
Question
Fact Pattern 27-2B
Thom draws a check,on his account in State Bank in New York,payable to Digital Computers,Inc. ,in San Francisco.Digital deposits the check in its ac?count at First National Bank.First National deposits the check in the Federal Reserve Bank of San Francisco,which transfers it to the Federal Reserve Bank of New York.That Federal Reserve Bank sends the check to State Bank.
Refer to Fact Pattern 27-2B.When Digital's bank received the check,it was required to pass it on

A)before midnight of the next banking day.
B)before midnight of the next day,whether or not it was a "banking" day.
C)before noon of the next banking day.
D)within five business days.
Question
Fact Pattern 27-2B
Thom draws a check,on his account in State Bank in New York,payable to Digital Computers,Inc. ,in San Francisco.Digital deposits the check in its ac?count at First National Bank.First National deposits the check in the Federal Reserve Bank of San Francisco,which transfers it to the Federal Reserve Bank of New York.That Federal Reserve Bank sends the check to State Bank.
Refer to Fact Pattern 27-2B.Digital's bank is

A)the cashing bank.
B)the depositary bank.
C)the intermediary bank.
D)the payor bank.
Question
Daria writes a check for $100 drawn on Estimable Bank and presents it to Fast Cash,Inc. ,for payment.If the check is not backed by sufficient funds,Daria may be prosecuted for

A)forgery.
B)fraud.
C)negligence.
D)nothing.
Question
Daisy writes a check to Elvita on her account at First Savings Bank.The bank dishonors the check even though Daisy has sufficient funds in her ac?count.The bank is

A)liable to Daisy.
B)liable to itself.
C)liable to the next payee on one of Daisy's checks.
D)not liable.
Question
Ian buys a cell phone in Jiffy Mart,using the means that accounts for more retail payments than any other.This means of payment is

A)a commercial check.
B)a debit card.
C)a personal check.
D)a trade acceptance.
Question
Clay issues a check payable to Discount Mart.Ernestina,Discount's cashier,forges the store's indorsement and deposits the check in her bank ac?count.Clay's bank,First Friendly Bank,pays the check.Clay can recover from

A)Ernestina,who can recover from First Friendly Bank.
B)First Friendly Bank,which cannot recover from Ernestina.
C)First Friendly Bank,which can recover from Ernestina.
D)no one.
Question
Sullivan signs a check "pay to the order of Tilly" drawn on Sullivan's account in Universal Bank.Velma forges Tilly's indorsement,Washington Bank cashes the check.Velma disappears.Universal pays Washington and debits Sullivan's account.Most likely,the ultimate loss will fall on

A)Sullivan.
B)Tilly.
C)Universal Bank.
D)Washington Bank.
Question
Jen signs a check "pay to the order of Key" drawn on Jen's account in Lakeland Bank to buy Key's car.Jen asks Lakeland Bank to indicate on the face of the check that it will accept it when Key presents it for payment.If the bank agrees,this will be

A)a cashier's check.
B)a certified check.
C)a trade acceptance.
D)a traveler's check.
Question
Pippi,the manager of Quik Mart,deposits the store's receipts in its account at Regional Bank.As to the receipts,the relation?ship between Quik Mart and the bank is

A)attorney and client.
B)creditor and debtor.
C)guardian and ward.
D)trustee and beneficiary.
Question
Joy steals a check from Kyle,forges his signature,and transfers the check to Loco Loans,Inc. ,for value.Unaware that the signature is not Kyle's,Loco Loans presents the check to Metro Bank,the drawee,which cashes the check.Kyle discovers the forgery and insists that Metro recredit his account.Can Metro refuse? If not,from whom can the bank recover?
Question
Tiny authorizes United Bank to make transfers from his account to make payments on his debt to Vic's Auto Dealership,which sold Tiny the car that serves as collateral for the debt.After three payments,Vic's repos?sesses the car and refuses to return it.Tiny phones the bank to stop the payments and follows up with a confirm?ing letter.The bank fails to stop the next two payments,and Vic's refuses to refund anything.Can Tiny get his money from the bank? Explain.
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Deck 27: A: Checks,the Banking System,and E-Money
1
When a customer's negligence contributes to a forgery,the bank normally is obligated to recredit the customer's account for the amount of the check.
False
2
Whenever a bank-customer relationship is established,certain contractual rights and duties arise.
True
3
A drawer must have a valid legal ground for issuing a stop-payment order,or the holder can sue the drawer for payment.
True
4
A customer has a right to stop payment on a check that has been certified.
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5
The bank on which a check is drawn is the depositary bank.
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6
A bank is not obligated to pay an uncertified check presented more than six months from its date.
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7
UCC Articles 3 and 4 govern issues relating to checks.
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8
The incompetence of a customer immediately revokes a bank's authority to pay an item.
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9
No one can refuse to accept a substitute check as proof of payment.
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10
Under Check 21,the maximum time that a bank can hold funds from deposited checks before making them available to the depositor will increase.
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11
Any local check deposited must be avail?able for withdrawal by check or as cash within not more than five business days from the date of deposit.
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12
Gaining unauthorized access to an electronic fund transfer system constitutes a federal felony.
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13
A bank that has certified a check is under no obligation to accept it.
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14
When a bank properly dishonors a check for insufficient funds,it has no liability to the customer.
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15
A bank has no right to charge a customer's account for the amount of a stale check.
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16
A check is a special type of draft.
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17
A forged signature on a check has no legal effect as the signature of a drawer.
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18
If a customer's debit card is lost or stolen and used without permission,the customer shall be required to pay no more than $50 in any event.
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19
A bank may charge a postdated check against a customer's account.
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20
At the present time,it is not clear which,if any,laws apply to the security of e-money issuers' financial records.
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21
Fact Pattern 27-1B
Echo takes her car to Fix-It,Inc. ,which repairs the car and bills Echo for $500.Echo writes out a check drawn on Capital Bank,but later,believing that Fix-It did not repair the car properly,issues a stop-payment order.
Refer to Fact Pattern 27-1B.If Capital Bank pays the check,Capital

A)can sue Echo for a wrongful stop-payment order.
B)can sue Fix-It for breach of contract.
C)can sue no one because it paid a check that was not properly payable.
D)is liable for Echo's loss due to the wrongful payment.
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22
Kirk presents an instrument that states "pay to the order of Liv" to Metro Bank for payment.This is a special type of draft drawn on a bank,ordering the bank to pay a fixed amount of money on demand.This is

A)a certificate of deposit.
B)a check.
C)a debit card transaction receipt.
D)a trade acceptance.
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23
Delilah's debit card,issued by Encarta Bank,is stolen and used without Delilah's permission.Delilah tells the bank within thirty days.Delilah may be re?quired to pay no more than

A)$5.
B)$50.
C)$500.
D)$5,000.
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24
Fact Pattern 27-2B
Thom draws a check,on his account in State Bank in New York,payable to Digital Computers,Inc. ,in San Francisco.Digital deposits the check in its ac?count at First National Bank.First National deposits the check in the Federal Reserve Bank of San Francisco,which transfers it to the Federal Reserve Bank of New York.That Federal Reserve Bank sends the check to State Bank.
Refer to Fact Pattern 27-2B.Thom's bank is

A)the cashing bank.
B)the depositary bank.
C)the intermediary bank.
D)the payor bank.
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25
Brendan signs a check "pay to the order of City College Bookstore" drawn on his account in Delmar Bank to pay for his current semester's textbooks.The bookstore deposits the check in its account in Evergreen Bank.Like most checks,this check is

A)a one-party instrument.
B)a four-party instrument.
C)a three-party instrument.
D)a two-party instrument.
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26
Steve steals one of Tricia's checks and forges her signature.Tricia's bank,Unity Bank,pays the check.Tricia can recover from

A)Steve,but not Unity Bank.
B)Unity Bank,which cannot recover from Steve.
C)Unity Bank,which can recover from Steve.
D)no one.
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27
Taki forges Uriel's signature on a check "payable to the order of Taki" drawn on Uriel's account in Verity Bank.Most likely,if the bank pays the check

A)the Federal Reserve will reimburse all parties for their costs.
B)the loss will be covered by Verity's insurance policy.
C)Uriel will be liable for the amount.
D)Verity will have to recredit Uriel's account.
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28
Cornucopia Bank receives a check drawn on the account of Get-Rich Industries,Inc. ,one of the bank's customers,at 3 p.m.Friday.Harry,the pre?senter of the check,is not one of the bank's customers.The bank uses de?ferred posting with a 2 p.m.cutoff hour.If it decides to dis?honor the check,it must do so by midnight

A)Saturday.
B)Sunday.
C)Monday.
D)Tuesday.
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29
On Monday,Eve deposits in her account at First State Bank a local check for $500.After 5:00 p.m.on Friday,from these funds,Eve can withdraw no more than

A)$100.
B)$400.
C)$500.
D)$600.
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30
London knowingly divulges to BreakingNews.com information about Neandro's e-money payments to Oracle Oil Corporation without the consent of Neandro or Oracle.London may be in violation of federal law

A)if the e-payments were in electronic storage at the time.
B)if the e-payments were legitimate.
C)if the e-payments are not represented by physical evidence.
D)under none of these circumstances.
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31
Fact Pattern 27-1B
Echo takes her car to Fix-It,Inc. ,which repairs the car and bills Echo for $500.Echo writes out a check drawn on Capital Bank,but later,believing that Fix-It did not repair the car properly,issues a stop-payment order.
Refer to Fact Pattern 27-1B.Capital Bank

A)is liable to Fix-It for the amount of the check.
B)must stop payment if Capital has a reasonable time to act.
C)need not stop payment unless Echo had a valid reason to act.
D)need not follow Echo's order unless the check was certified.
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32
Fact Pattern 27-2B
Thom draws a check,on his account in State Bank in New York,payable to Digital Computers,Inc. ,in San Francisco.Digital deposits the check in its ac?count at First National Bank.First National deposits the check in the Federal Reserve Bank of San Francisco,which transfers it to the Federal Reserve Bank of New York.That Federal Reserve Bank sends the check to State Bank.
Refer to Fact Pattern 27-2B.When Digital's bank received the check,it was required to pass it on

A)before midnight of the next banking day.
B)before midnight of the next day,whether or not it was a "banking" day.
C)before noon of the next banking day.
D)within five business days.
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33
Fact Pattern 27-2B
Thom draws a check,on his account in State Bank in New York,payable to Digital Computers,Inc. ,in San Francisco.Digital deposits the check in its ac?count at First National Bank.First National deposits the check in the Federal Reserve Bank of San Francisco,which transfers it to the Federal Reserve Bank of New York.That Federal Reserve Bank sends the check to State Bank.
Refer to Fact Pattern 27-2B.Digital's bank is

A)the cashing bank.
B)the depositary bank.
C)the intermediary bank.
D)the payor bank.
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34
Daria writes a check for $100 drawn on Estimable Bank and presents it to Fast Cash,Inc. ,for payment.If the check is not backed by sufficient funds,Daria may be prosecuted for

A)forgery.
B)fraud.
C)negligence.
D)nothing.
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35
Daisy writes a check to Elvita on her account at First Savings Bank.The bank dishonors the check even though Daisy has sufficient funds in her ac?count.The bank is

A)liable to Daisy.
B)liable to itself.
C)liable to the next payee on one of Daisy's checks.
D)not liable.
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36
Ian buys a cell phone in Jiffy Mart,using the means that accounts for more retail payments than any other.This means of payment is

A)a commercial check.
B)a debit card.
C)a personal check.
D)a trade acceptance.
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37
Clay issues a check payable to Discount Mart.Ernestina,Discount's cashier,forges the store's indorsement and deposits the check in her bank ac?count.Clay's bank,First Friendly Bank,pays the check.Clay can recover from

A)Ernestina,who can recover from First Friendly Bank.
B)First Friendly Bank,which cannot recover from Ernestina.
C)First Friendly Bank,which can recover from Ernestina.
D)no one.
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38
Sullivan signs a check "pay to the order of Tilly" drawn on Sullivan's account in Universal Bank.Velma forges Tilly's indorsement,Washington Bank cashes the check.Velma disappears.Universal pays Washington and debits Sullivan's account.Most likely,the ultimate loss will fall on

A)Sullivan.
B)Tilly.
C)Universal Bank.
D)Washington Bank.
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39
Jen signs a check "pay to the order of Key" drawn on Jen's account in Lakeland Bank to buy Key's car.Jen asks Lakeland Bank to indicate on the face of the check that it will accept it when Key presents it for payment.If the bank agrees,this will be

A)a cashier's check.
B)a certified check.
C)a trade acceptance.
D)a traveler's check.
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40
Pippi,the manager of Quik Mart,deposits the store's receipts in its account at Regional Bank.As to the receipts,the relation?ship between Quik Mart and the bank is

A)attorney and client.
B)creditor and debtor.
C)guardian and ward.
D)trustee and beneficiary.
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41
Joy steals a check from Kyle,forges his signature,and transfers the check to Loco Loans,Inc. ,for value.Unaware that the signature is not Kyle's,Loco Loans presents the check to Metro Bank,the drawee,which cashes the check.Kyle discovers the forgery and insists that Metro recredit his account.Can Metro refuse? If not,from whom can the bank recover?
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42
Tiny authorizes United Bank to make transfers from his account to make payments on his debt to Vic's Auto Dealership,which sold Tiny the car that serves as collateral for the debt.After three payments,Vic's repos?sesses the car and refuses to return it.Tiny phones the bank to stop the payments and follows up with a confirm?ing letter.The bank fails to stop the next two payments,and Vic's refuses to refund anything.Can Tiny get his money from the bank? Explain.
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