LEB 320F Multiple Choice Exam
Questions with Verified Answers
Which of the following transactions would not be within the scope of Article 2 of the
UCC?
a. A leasing contract for an apartment.
b. Buying a car.
c. Buying a cell phone.
d. A contract to buy coal. - Answer-A. (A lease for an apartment is not within the scope
of Article 2 of the UCC because it is not a contract for tangible, movable goods.)
A contract between a Texas corporation and a California corporation, containing a
provision that all litigation regarding the contract will be performed in Maine. The
contract was signed in New York. What state's law should apply under the traditional
view?
a. Texas
b. California
c. New York
d. Maine - Answer-c. (The traditional view is to apply the law of the state in which the
contract was made. Because the contract was signed in New York, New York's law
should apply.)
A contractual right cannot be assigned if which of the following is (are) true?
a. The terms of the contract expressly prohibit assignment.
b. The contract is "personal" in nature; the right in question involves a substantial
personal relationship between the original parties.
c. The assignment would materially alter the duties of the obligor.
d. All of the above - Answer-d. (These reasons would all block an assignment.)
A special appearance is used when:
a. A party claims that the court doesn't have personal jurisdiction over them, and they
appear in the court in order to make that argument.
b. The suit in the case is of special nature and requires the defendant to, therefore,
specifically make a special appearance.
c. A party is compelling a witness to make an appearance against their will.
d. None of the above - Answer-A. (A special appearance is used to argue that the court
lacks personal jurisdiction over a party. It is a special appearance because simply
appearing before the court in a regular manner is considered consenting to personal
jurisdiction and, thus, waiving the right to a special appearance.)
Alan buys a new laptop at Best Buy for $600. Betty buys an acre of land for $6,000.
Carol signs up for a year of cable TV service, and pre-pays $600. Which of these
agreements will be governed by Article Two of the Uniform Commercial Code?
A. Alan's only
,B. Betty's only
C. Carol's only
D. A and B - Answer-A. (Article II applies to sales of goods, which are, essentially,
moveable things. Not real estate, and not services)
An exculpatory clause seeking to relieve a parking lot owner from liability for negligence
typically will only be effective if what is true?
a. The owner does not have anyone watching the lot and does not take the keys of the
vehicle.
b. The owner charges for use of the lot.
c. The clause is very conspicuous and clearly states that the bailee will not be liable.
d. All of the above. - Answer-c. (In order for the clause to be effective, it must very
conspicuous and clearly state that the bailee will not be liable. Under A, the owner
would not be liable anyway, so the clause has no effect. B is false.)
Ann Agent works for Pete Principal. Pete tells her, "Drive the company truck up to
Dallas, pick up a shipment of widgets from Alpha Co, and bring them back to Austin." As
Ann is driving the company truck up to Dallas, it runs low on gas. Ann fills up the tank. Is
Pete obligated to pay for the gas?
A. Yes, because Ann has express authority to buy the gas.
B. Yes, because Ann had implied authority to buy the gas.
C. Yes, because Ann has apparent authority to buy the gas.
D. No. - Answer-B. (Yes, because Ann had implied authority to buy the gas.)
Bill files a Federal lawsuit based on his 1st Amendment right to free speech in a district
court. When he loses the case, he appeals to a U.S. Court of Appeals, and he is again
unsuccessful. He now wants the U.S. Supreme Court to review his case. Will he be able
to do so?
A. Yes, absolutely, because his case is based on a Constitutional liberty.
B. Yes, but only if the Supreme Court grants a writ of certiorari.
C. Yes, but only if he is seeking at least $75,000 in damages.
D. No, absolutely not. - Answer-B. (The Supreme Court generally gets to pick and
choose the cases it will review, and this case will require a writ of cert.)
During pretrial proceedings, which of the following is generally filed by the defendant?
a. The Answer.
b. The Complaint.
c. The Response.
d. All of the above. - Answer-a. (Generally, the plaintiff files both the complaint and the
response during pretrial proceedings while the defendant responds to the complaint with
an answer.)
Fred took a photograph of a bright light in the sky in 2005. Five years later, in 2010, it
generated significant interest when it was included in a television special about UFOs
and alien visitors hosted by the guy who played Commander Riker on Star Trek. In
2012, Fred passed away. When will the copyright on Fred's photo expire?
, A. 2075
B. 2080
C. 2082 - Answer-C. (Copyrights like this one last for the lifetime of the creator of the
work plus 70 years)
If Joe follows the recommendations of his coworkers, which of the following tendencies
did he most likely follow?
a. Role Morality.
b. Self-Serving Bias.
c. Obedience to Authority.
d. Conformity Bias. - Answer-d. (Because he is conforming to the actions of his
coworkers, it is likely that conformity bias influenced his decision.)
If WalCo was suing Bob for misappropriation of a trade secret, which of the following
would be the most important to establish?
a. WalCo maintained reasonable measure to protect security.
b. The information was actually a trade secret.
c. Bob did not simply reverse engineer the product.
d. All of the above. - Answer-d. (If Bob proves any of the answers to be false, he would
win the case because WalCo would have failed to establish a cause of action for trade
secret misappropriation.)
In a contract for a sale of widgets, which of the following mutually-agreed upon changes
would not require consideration?
a. The change requires the rest of the widgets to have higher specifications.
b. The change requires the widgets be completed earlier.
c. The change requires another shipment of widgets two months after the final
shipment.
d. All of the above. - Answer-d. (UCC § 2-209(1), allows for the mutual modification of
all of these without further consideration.)
In a UCC contract, assuming the method of deliver is left open, which of the following
methods would be most useful in determining which way the contract should be
interpreted to require the delivery take place?
a. Industry standard.
b. The cheapest method.
c. The safest method.
d. Custom between the parties - Answer-d. (Custom between the parties would be the
most helpful because that would allow for the court to figure out what the intent of each
party most likely was. Although A is another useful method, because D is more relevant
to these particular parties, it is more helpful.)
In the featured case Kelo v. City of New London, a town in Connecticut took action in a
distressed area with high unemployment. It sought to use eminent domain to acquire
land from several landowners who did not wish to sell their land. The primary
Constitutional issue in the case was...
