22. In Brooks v. Lewin Realty III, Inc.,the (Md Ct App) court discussed and cited this precedent:

A. Shields v. Wagman

B. Matthews v. Amberwood Associates Limited Partnership, Inc.

C. Blackman v. Edgar County

D. Brown v. Dermer

23. An assignee's rights in an assignment are subject to the defenses that the obligor could have asserted against the assignor.

A. True

B. False

24. Re: "Citizens National Bank of Paris" case.

Who was the trustee in Citizens National Bank of Paris v. Kids Hope United, Inc?

A. Edgar County Chapter of the American Cancer Society

B. Citizens National Bank of Paris

C. La Fern Blackman

D. Kids Hope United, Inc.

25. Selina has one child, Jesse. Lorenzo has three children, Mary, Danielle, and Linda. Geraldo is Selina and Lorenzo's father. Geraldo drafts and executes a valid will leaving 200,000 dollars to go to his issue or descendants per capita. Selina and Lorenzo predecease Geraldo (they die before their father). All four of the grandchildren are alive at the time of Geraldo's death.

How much will each child receive under Geraldo's will?

A. Jesse inherits $80,000; Mary, Danielle and Linda each inherit $40,000.

B. Jesse, Mary, Danielle and Linda each inherit $50,000.

C. Mary, Danielle and Linda evenly split $180,000; and Jesse inherits $20,000.

D. None of the above.

26.A trust that is established in a person's will and that takes effect only upon that person's death is called a testamentary trust.

A. True

B. False

27. Afreen works for her uncle's car wash. Abbas, Afreen's cousin, does not know and has no reason to know that Afreen is prohibited from driving cars at their uncle's car wash. In fact, their uncle has complained many times to Afreen about crashing several of his customer's cars, and tells only Afreen that she is prohibited from driving any customer car, but may perform oil changes, as well as vacuum and dry customer's cars. Abbas brings his car to the car wash as a customer and hands Afreen the keys to his 2016 BMW. Afreen drives the car 12 feet to the first station and rams it accidently into a pole. Abbas sues his uncle's car wash claiming that his uncle is the principal and therefore liable for the negligence of his agent, Afreen. How will the lawsuit likely be resolved? Pick the best answer.

A. Abbas wins because Afreen had express authority to drive customer cars.

B. Abbas wins because Afreen had apparent authority to drive the car that day.

C. Abbas loses in court because he is related to the owner of the business.

D. None of the above.

28. ______________ occurs when the promisor indicates before the time for his performance that he is unwilling or unable to carry out the contract. Hence, the promise under this doctrine may sue the promisor prior to the date that performance is due.

A. Quasi-contract

B. Promissory estoppel

C. Anticipatory breach

D. Substantial performance

29._____ arises when the principal's manifestations cause a third party to form a reasonable belief that the agent is authorized to act in a certain way.

A. Contractual authority

B. Incidental authority

C. Apparent authority

D. Actual authority

30. The cy pres doctrine was not generally applied in the Citizens National Bank of Paris v. Kids Hope United, Inc. case where Kids Hope United, Inc. was found not to be suited to carry out the original charitable purpose as intended by the settlor, therefore the trust proceeds reverted to the state.

A. True

B. False

31 An assignor who assigns the same right to different people will be held liable to the assignee who acquires no rights against the obligor, but which assignee is entitled to the obligor's performance?

A. Under the American Rule, the assignee who first gives notice of the assignment to the obligor, without knowledge of the other assignee's claim has a better right.

B. Under the English Rule, the assignee who first gives notice of the assignment to the obligor, without knowledge of the other assignee's claim, has the better right.

C. Under the English Rule, the first assignee will always have the better right.

D. None of the above

32. In Kelo v. City of New London, the U.S. Supreme Court applied the 8^th Amendment in the analysis because the taking was cruel and unusual.

A. True

B. False

33.Cmty. For Creative Non-Violence v. Reid,490 U.S. 730 (1989), was cited by the CBS Corp. v. FCC Court. The "Reid" Court set forth a test, later called the "Reid factors", or Reid "test" incorporating the Restatement definition of "employee," for determining who qualifies as an "employee" under the common law. These factors, in part, included:

A. the hiring party's right to control the manner and means by which the product is accomplished

B. the source of the instrumentalities and tools

C. whether the work is part of the regular business of the hiring party

D. All of the above

36.Jones and Alex decide to create a partnership, and begin to bake and decorate cupcakes for weddings. They create a partnership agreement, whereby Jones will do all of the baking and Alex will do all of the decorating, and they will share in the delivery duties. Alex puts in $15,000 to the business, and Jones puts in $850. Their agreement states that "losses are to be divided as follows: Alex will contribute 20% toward any losses and Jones will contribute 80% to cover any losses. That was the extent of the agreement. A year later, they had made $200,000 in profits. According to RUPA, how should the profits be shared?

A. Jones share is 20% and Alex's share is 80%

B. Jones share is 50%, and Alex's share is 50%

C. Jones share is 80%, and Alex's share is 20%

D. Alex should get the first $15,000 in profits, and then they share 50%-50%

37.Thomas Smith is Wilson Smith's famous and wealthy cousin. Thomas and Wilson grew up playing together when their two families got together for holidays, but have not seen each other since they both went off to college, well over 5 years ago. Wilson is struggling to pay off his college loans, works full-time in yard maintenance, but starts a small business on the side. Wilson's new business is designing T-shirts. Thomas knows nothing of his cousin's business and stumbles into Wilson's shop one day looking to order 25 T-shirts for a flag football team that he supports.

Jamaree walks into the shop and sees Thomas and Wilson giving each other a hug. Jamaree does not know Wilson, but he recognizes Thomas Smith as a quarterback for a local NFL team. He also notices that the name on the shop window is, Smith's T-Shirt Designs. After Jamaree asks for an autograph from the famous quarterback, he asks if Thomas and Wilson own the business together. Both cousins look at each other and laugh. Thomas says, "sure, you should place your T-shirt order with my cousin Wilson here, as he's my partner! I like the sound of Smith T-Shirt Designs!" Thomas tells Wilson that he'll 'catch up' with him soon, and leaves the shop. Jamaree tells Wilson, "Of course with Thomas Smith being your business partner, I'll order 33 T-shirts for my students. Jamaree places an order for 33 T-shirts, pays $350 and tells Wilson that he needs the T-shirts in 1 week.

Wilson is overwhelmed with work, and orders the wrong color and fabric for Jamaree's order, and is several days late in delivering them to him. Jamaree rejects the T-shirts, and orders them from a different company at a much higher price, and is forced to pay an express delivery fee. Wilson apologizes and tells Jamaree that he has no money to compensate him for the loss. Jamaree tells Wilson that she intends on suing his business partner, Thomas Smith, for breach of contract.

Based on this scenario, the court will probably find that:

A. Thomas may be sued for the breach of contract because Thomas is a partner in fact and Wilson must split his annual business's losses and profits with Thomas.

B. Thomas may be sued for the breach of contract because Thomas is a purported partner in this scenario.

C. Thomas may not be sued for the breach of contract because Jamaree had a duty to ask to see the partnership agreement before doing business with Wilson.

D. Jamaree cannot sue Thomas unless he can prove that Wilson and Thomas were sharing gross revenues and management of the business.

38. The plaintiff bears the burden of proving the occurrence of a condition subsequent, and the defendant has the burden of proving the occurrence of a condition precedent.

A. True

B. False

39.In Synergies3 Tec Services, LLC v. Corvo, the court found that Synergies3 Tec Services and DIRECTV were not vicariously liable for the intentional torts committed by Castro and McLaughlin.

A. True

B. False

40. Which act below was considered an act "in itself" as adoption of the contract in SmithStearn Yachts, Inc. v. Gyrographic Communications, Inc.

A. a corporation's act of electing board of directors

B.a corporation's act of suing on a pre-incorporation contract

C.a corporation's act of filing articles of incorporation in a different name than the promoter intended

D.a corporation's act of declaring a very small dividend when the shareholder's demanded a higher return on their investment