Sample Questions and Answers
Which of the following is NOT an essential element of a legally binding contract?
A) Offer
B) Consideration
C) Competence
D) Morality
Answer: D) Morality
Explanation: A contract must have an offer, acceptance, and consideration, but morality is not a required legal element.
The doctrine of respondeat superior holds employers liable for the actions of their:
A) Independent contractors
B) Employees acting within the scope of employment
C) Customers
D) Suppliers
Answer: B) Employees acting within the scope of employment
Explanation: This doctrine makes employers legally responsible for wrongful acts committed by employees during their job duties.
The Uniform Commercial Code (UCC) primarily governs which type of transactions?
A) Real estate purchases
B) Consumer protection laws
C) Sale of goods
D) Employment contracts
Answer: C) Sale of goods
Explanation: The UCC standardizes laws governing commercial transactions, particularly the sale of goods, across states.
Which of the following is an example of an agency relationship?
A) A store manager hires an employee
B) A person hires a real estate agent to sell a home
C) A bank grants a loan
D) A company enters into a contract with a supplier
Answer: B) A person hires a real estate agent to sell a home
Explanation: An agency relationship exists when one party (the agent) acts on behalf of another (the principal).
Under contract law, an offer can be revoked:
A) At any time before acceptance
B) After acceptance
C) Only with the offeree’s permission
D) Never
Answer: A) At any time before acceptance
Explanation: An offeror may revoke an offer before it is accepted, unless an option contract exists.
A contract signed under duress is:
A) Void
B) Voidable
C) Valid
D) Enforceable
Answer: B) Voidable
Explanation: If a party is forced into a contract under duress, they may choose to void it.
A fiduciary duty requires:
A) An agent to act in their own best interest
B) A principal to obey the agent
C) An agent to act in the best interest of the principal
D) No duty of care or loyalty
Answer: C) An agent to act in the best interest of the principal
Explanation: Fiduciary duties include loyalty, obedience, and care towards the principal.
Which of the following is NOT a valid defense against a breach of contract claim?
A) Impossibility of performance
B) Fraud
C) Lack of mutual assent
D) Failure to read the contract
Answer: D) Failure to read the contract
Explanation: A person is generally bound by a contract they sign, even if they didn’t read it.
The primary purpose of antitrust laws is to:
A) Promote monopolies
B) Encourage unfair business practices
C) Prevent anti-competitive behavior
D) Increase consumer taxes
Answer: C) Prevent anti-competitive behavior
Explanation: Antitrust laws, such as the Sherman Act, prevent monopolies and ensure fair market competition.
A partnership is legally formed when:
A) The business is registered with the state
B) Two or more people agree to share profits and losses
C) A lawyer drafts a formal agreement
D) The IRS issues a tax ID
Answer: B) Two or more people agree to share profits and losses
Explanation: A partnership exists once parties agree to conduct business together and share profits.
Which of the following contracts must be in writing to be enforceable under the Statute of Frauds?
A) A contract for the sale of a $100 watch
B) A lease agreement for six months
C) A contract for the sale of land
D) An oral agreement to provide consulting services
Answer: C) A contract for the sale of land
Explanation: The Statute of Frauds requires contracts for the sale of land, long-term agreements, and certain other transactions to be in writing.
What is the main purpose of the Uniform Commercial Code (UCC)?
A) To regulate labor laws
B) To standardize business transactions across states
C) To enforce criminal laws
D) To manage corporate tax policies
Answer: B) To standardize business transactions across states
Explanation: The UCC provides a uniform set of laws for commercial transactions to ensure consistency across different states.
When one party fails to fulfill their obligations under a contract, it is called:
A) Performance
B) Breach of contract
C) Mutual assent
D) Novation
Answer: B) Breach of contract
Explanation: A breach occurs when one party does not perform as agreed in a legally binding contract.
Which type of business entity offers limited liability protection to its owners?
A) Sole proprietorship
B) General partnership
C) Limited liability company (LLC)
D) Unlimited liability corporation
Answer: C) Limited liability company (LLC)
Explanation: An LLC provides limited liability to its owners, protecting personal assets from business debts.
The Fair Debt Collection Practices Act (FDCPA) primarily regulates:
A) How creditors can collect debts
B) How businesses set prices
C) The formation of business contracts
D) Employee hiring practices
Answer: A) How creditors can collect debts
Explanation: The FDCPA prevents abusive practices in debt collection and protects consumers from harassment.
In a secured transaction, the lender holds a security interest in:
A) The debtor’s future income
B) The debtor’s collateral
C) The debtor’s goodwill
D) The debtor’s personal residence
Answer: B) The debtor’s collateral
Explanation: A secured loan requires the debtor to offer collateral, which the lender can seize if payments are not made.
A contract in which one party has significantly more power than the other, often resulting in unfair terms, is called:
A) A bilateral contract
B) An executory contract
C) An unconscionable contract
D) A void contract
Answer: C) An unconscionable contract
Explanation: Unconscionable contracts are so one-sided that courts may refuse to enforce them.
The primary function of administrative agencies is to:
A) Enforce and interpret laws
B) Draft new legislation
C) Prosecute criminals
D) Provide legal defense services
Answer: A) Enforce and interpret laws
Explanation: Administrative agencies implement and regulate laws, often issuing rules in specialized areas.
Under the Equal Credit Opportunity Act (ECOA), lenders cannot discriminate based on:
A) Income level
B) Marital status
C) Credit score
D) Debt-to-income ratio
Answer: B) Marital status
Explanation: ECOA prohibits discrimination in lending decisions based on race, sex, age, and marital status.
The main purpose of bankruptcy law is to:
A) Punish individuals for financial mismanagement
B) Provide relief for debtors and fairness to creditors
C) Increase government revenue
D) Enforce criminal penalties for unpaid debts
Answer: B) Provide relief for debtors and fairness to creditors
Explanation: Bankruptcy laws help individuals or businesses restructure or eliminate debts while ensuring creditors are treated fairly.
A unilateral contract is accepted when:
A) The offeree signs an agreement
B) The offeror revokes the offer
C) The offeree performs the required action
D) Both parties negotiate terms
Answer: C) The offeree performs the required action
Explanation: In a unilateral contract, acceptance occurs when the offeree completes the requested act.
If a business is found guilty of price fixing, it is violating:
A) The UCC
B) Antitrust laws
C) The Fair Labor Standards Act
D) The Bankruptcy Code
Answer: B) Antitrust laws
Explanation: Price fixing is illegal under antitrust laws, which prevent businesses from engaging in anti-competitive practices.
The Sarbanes-Oxley Act was enacted to:
A) Regulate environmental laws
B) Improve corporate financial accountability
C) Set federal tax rates
D) Regulate employment contracts
Answer: B) Improve corporate financial accountability
Explanation: The Sarbanes-Oxley Act was passed to prevent corporate fraud and improve transparency in financial reporting.
A minor who enters into a contract generally has the right to:
A) Be sued for breach of contract
B) Enforce the contract
C) Disaffirm the contract
D) Assign the contract to an adult
Answer: C) Disaffirm the contract
Explanation: Minors can generally void contracts they enter into, except for necessities like food and shelter.
Which government agency is responsible for enforcing workplace safety laws?
A) SEC
B) OSHA
C) FDA
D) FTC
Answer: B) OSHA
Explanation: The Occupational Safety and Health Administration (OSHA) enforces regulations to ensure workplace safety.
An express contract is created when:
A) Terms are stated explicitly, orally, or in writing
B) Terms are implied from conduct
C) A contract is illegal
D) The parties are related by family
Answer: A) Terms are stated explicitly, orally, or in writing
Explanation: Express contracts clearly define terms, while implied contracts are based on conduct.
The Foreign Corrupt Practices Act (FCPA) prohibits:
A) U.S. companies from hiring foreign workers
B) Bribery of foreign government officials
C) International trade agreements
D) Tax evasion
Answer: B) Bribery of foreign government officials
Explanation: The FCPA bans U.S. businesses from bribing foreign officials to gain business advantages.
A void contract is one that:
A) Can be legally enforced
B) Has no legal effect from the beginning
C) Can only be enforced in certain states
D) Must be rewritten before being valid
Answer: B) Has no legal effect from the beginning
Explanation: Void contracts are unenforceable from the start, often due to illegal terms or lack of capacity.
An exculpatory clause in a contract attempts to:
A) Increase liability
B) Transfer ownership
C) Waive liability for negligence
D) Make the contract irrevocable
Answer: C) Waive liability for negligence
Explanation: Exculpatory clauses limit a party’s liability, though courts may not enforce them if they are unfair.
When one party to a contract transfers their rights to another, this is known as:
A) Delegation
B) Novation
C) Assignment
D) Discharge
Answer: C) Assignment
Explanation: Assignment transfers contract rights, while delegation transfers duties.
31. Which of the following would make a contract unenforceable?
A) Both parties have legal capacity
B) The contract involves an illegal activity
C) The contract is in writing and signed
D) The contract is for a sale of goods worth less than $500
Answer: B) The contract involves an illegal activity
Explanation: Contracts that involve illegal activities (e.g., drug sales, fraud) are unenforceable by law.
32. A unilateral mistake in a contract can be grounds for rescission if:
A) The mistake is about a minor detail
B) The mistaken party was negligent
C) The other party knew or should have known of the mistake
D) The contract was signed under duress
Answer: C) The other party knew or should have known of the mistake
Explanation: If one party is aware of the other’s mistake and takes advantage, the contract may be voidable.
33. Consideration in a contract must be:
A) Monetary payment
B) A promise or action that has legal value
C) Given only by the buyer
D) A future gift
Answer: B) A promise or action that has legal value
Explanation: Consideration refers to the exchange of something of legal value between the parties.
34. What is the primary role of the Federal Trade Commission (FTC)?
A) Enforce criminal laws
B) Regulate employment discrimination
C) Prevent unfair business practices and protect consumers
D) Oversee corporate taxation
Answer: C) Prevent unfair business practices and protect consumers
Explanation: The FTC enforces laws against deceptive advertising, unfair competition, and fraudulent business practices.
35. Which of the following is an example of an implied-in-fact contract?
A) A signed real estate agreement
B) A restaurant customer orders food and eats it
C) A business partnership agreement
D) A written lease agreement
Answer: B) A restaurant customer orders food and eats it
Explanation: Implied-in-fact contracts arise from the actions of the parties rather than written or spoken words.
36. If an employer is found guilty of creating a hostile work environment, they have violated:
A) The Sherman Act
B) Title VII of the Civil Rights Act
C) The Securities Act of 1933
D) The Fair Credit Reporting Act
Answer: B) Title VII of the Civil Rights Act
Explanation: A hostile work environment due to discrimination violates Title VII, which prohibits workplace discrimination.
37. A company that falsely advertises a product may be liable under:
A) The Fair Labor Standards Act
B) The Lanham Act
C) The Bankruptcy Reform Act
D) The Securities Exchange Act
Answer: B) The Lanham Act
Explanation: The Lanham Act prohibits false advertising and unfair competition.
38. In a negotiable instrument, the party that promises to pay is called the:
A) Payee
B) Drawer
C) Drawee
D) Maker
Answer: D) Maker
Explanation: The maker is the party who signs a promissory note and promises to pay the amount specified.
39. The primary purpose of the Securities and Exchange Commission (SEC) is to:
A) Regulate securities markets and protect investors
B) Monitor corporate labor policies
C) Oversee environmental regulations
D) Enforce antitrust laws
Answer: A) Regulate securities markets and protect investors
Explanation: The SEC enforces securities laws to maintain fair and transparent financial markets.
40. If an employer dismisses an employee in violation of an employment contract, the employee may sue for:
A) Wrongful termination
B) Antitrust violations
C) Securities fraud
D) Negligence
Answer: A) Wrongful termination
Explanation: If an employment contract is breached, the affected employee can seek legal remedies.
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