Practice Quiz

Paralegal Exam Prep - Question List

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86. Pamela owes Patricia $1200 for a motorcycle she purchased from Patricia. Pamela gave Patricia $200 checks for each of first 5 monthly payments. She then gave Patricia a check for $100 for the last payment. On the back of the check she wrote, " full satisfaction." Patricia wants the full final payment of $200. What is the best way for Pamela to ensure that Patricia fulfills her part of the contract by paying the balance of $200?
  1. Return the check to Pamela and request payment of $200.
  2. Cross out the "full satisfaction" notation, cash the check, and request payment of $100 from Pamela.
  3. Cash the check and request payment of $100 from Pamela.
  4. A or B.
  5. A, B, or C.
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87. Under common law, what would a court do if the parties to a contract omitted a term that is essential to the meaning of the contract?
  1. The court will do its best to fairly interpret the contract without the missing term.
  2. The court will order that an arbiter determine the term.
  3. The court will force the parties to negotiate the term.
  4. The court will void the contract.
  5. The court will supply a term which is reasonable.
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88. What is a course of dealing?
  1. A compilation of all the terms of all of the agreements between the parties.
  2. Normal business conduct between parties to a business transaction.
  3. A reason a contract is void or voidable.
  4. Any practice of dealing that is used so regularly in a region or industry as to justify an expectation that it will be followed in the contract at issue.
  5. B or D.
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89. A usage of trade is:
  1. Any practice of dealing that is used so regularly in a region or industry as to justify an expectation that it will be followed in the contract at issue.
  2. Normal business conduct between parties to a business transaction.
  3. A formula, device, pattern, or compilation of information that is used in business but is not known to the public.
  4. Contract terms that are always used in any type of contract within a particular industry.
  5. Contract terms that are always used in any type of contract within a particular region of the country.
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90. In interpreting the terms of an agreement under the UCC, what are three pieces of evidence that a court might consider?
  1. The express terms of the contract, hearsay, and usage of trade.
  2. The express terms of the contract, prior drafts of the agreement, and usage of trade.
  3. The express terms of the contract, usage of trade, and course of dealing.
  4. The express terms of the contract, prior drafts of the agreement, and testimony regarding the negotiations for the agreement.
  5. Prior drafts of the agreement, testimony regarding the negotiations for the agreement, and common law.
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