1. Sam sells appliances at wholesale prices. Glen is a builder who currently has several new houses under construction. Sam and Glen enter into a written contract on February 1, in which Sam agrees to sell Glen a refrigerator/freezer, an oven, and a dish- washer for each of the new houses. Sam agrees to deliver the appliances on or before August 1. On June 15, a fire destroys Sam’s warehouse and inventory. Because his insurance policy had lapsed, Sam can’t immediately replace his stock. Sam calls Glen to terminate their contract. Which of the following would be the most appropriate method for Sam’s terminating the contract in this situation?
B. Impossibility of Performance
D. Lack of Anticipatory Performance
2. A ground for divorce that involves the voluntary departure of one spouse without the consent of the other is known as
A. cruelty. C. cohabitation. B. annulment. D. desertion.
3. Security given in exchange for release from jail before a trial is known as A. a mortgage. C. bail.
B. a lien. D. parole.
4. A right of way granted to one party to use the property of another is known as a/an
A. easement. C. reconciliation. B. variance. D. arraignment.
5. Land and all natural and man-made elements attached to it are commonly referred to as A. real property. C. landed property.
B. personal property. D. freehold property.
6. The willful and malicious burning of a building is the crime of
A. battery. B. arson.
7. A legally binding contract must include some type of A. covenant.
8. Which of the following terms represents a criminal defense that involves inducement by a
law enforcement officer to commit a crime? A. Misrepresentation
9. The act of transferring title is known as
A. conveyance. B. reverter.
10. Which of the following criminal charges refers to a premeditated act of homicide with malice aforethought?
A. Wrongful death C. First degree murder
B. Malicious homicide D. Voluntary manslaughter
C. embezzlement. D. larceny.
C. Entrapment D. Palimony
C. adultery. D. fixture.
11. What claims could the buyer make to get a refund?
A. Misrepresentation C. Capacity to contract
B. Fraud D. All of the above
12. Which argument would the seller most likely use to defend this case?
A. Caveat emptor C. Extenuating circumstances B. Lack of capacity D. Contributory negligence
13. Which of the following imposes equal responsibility on both divorced parents for the care, education, and well-being of their children?
A. Divided custody C. Joint custody B. Visitation D. Adoption
14. A criminal prosecution is usually initiated when the court issues an order known as a/an
B. arrest warrant.
15. A contract that’s not legally valid is A. void.
16. The ability to understand the wrongful nature of an act is known as criminal
A. defense. C. comprehension. B. competency. D. capacity.
17. Joseph wants to buy a hardware store, merchandise included, for $100,000 ($90,000 for the store and $10,000 for the merchandise). The bank requests that Joseph’s mother sign a guaranty of payment. However, the bank employee makes a mistake and gives Joseph the money without his mother’s signature on the guaranty. What is Joseph’s strongest argument to explain why the bank cannot enforce the guaranty?
A. Joseph already used the money so there is nothing on which the bank can obtain a guaranty
B. The value of the store far exceeded the value of the merchandise so the bank can’t have any legitimate claim on the store
C. The Statute of Frauds requires an agreement where one answers for the debt of another to be in writing.
D. Joseph’s mother never had the money to pay back the loan in the event Joseph defaulted on the loan.
18. A party that’s fraudulently persuaded to enter into a contract may terminate the contract through an action known as
A. rescission. C. B. reversion. D.
19. A landlord must make sure that the rented property is A. warrantable. C.
B. releasable. D.
20. Which of the following includes the right of survivorship?
A. Tenancy in common C. Determinable tenancy
B. Tenancy for years D. Joint tenancy