Filters
Question type

Study Flashcards

In order to be negotiated,order paper must be ________ as well as ________.


A) Delivered;transferred.
B) Negotiated;held.
C) Endorsed;delivered.
D) Transferred;delivered.
E) Stamped with an allonge;delivered.

F) A) and E)
G) B) and D)

Correct Answer

verifed

verified

What is meant by the term "delivery" in the process of negotiation?


A) The passing of a warranty that the recipient is a holder in due course.
B) The physical handing of an instrument from someone entitled to it,to the person intended to receive it.
C) The passing of a warranty that the recipient is a holder.
D) The passing of a warranty that the instrument is collectible.
E) The passing of a warranty that an instrument qualifies as a negotiable instrument.

F) A) and E)
G) A) and C)

Correct Answer

verifed

verified

Which statement is true regarding the requirement that a party take an instrument for value in order to be considered a holder in due course?


A) The party must have begun performance on a promise and have provided consideration.
B) The party must provide consideration.
C) The party must have provided a bargained-for promise.
D) The party must have provided consideration or received the note as a gift.
E) The party must take the instrument in exchange for a promise that has already been performed.

F) D) and E)
G) A) and B)

Correct Answer

verifed

verified

How may the holder endorse the document in the event of a misspelled name?


A) Endorsement is impossible in such a situation.
B) With the holder's actual name,with the misspelled name,or with the misspelled name followed by the actual name.
C) Only with the holder's actual name.
D) Only with the misspelled name.
E) Only with the misspelled name followed by the actual name.

F) B) and E)
G) D) and E)

Correct Answer

verifed

verified

Which of the following was the result in the Case Opener,involving the check taken in good faith by a market,later returned to the market based on a stop payment order,and purchased from the market by the plaintiff who sued Cigna,the issuer of the check?


A) The plaintiff was allowed to recover under the shelter principle and holder-in-due-course status.
B) The plaintiff was not allowed to recover because the market misrepresented the status of the check.
C) The plaintiff was allowed to recover because the market misrepresented the status of the check.
D) The plaintiff was not allowed to recover because of the shelter principle and holder-in-due-course status.
E) The plaintiff was not allowed to recover because he took the check knowing of a problem.

F) A) and D)
G) C) and D)

Correct Answer

verifed

verified

An endorsement that restricts the instrument such that it must be collected by a bank for the endorser or for a particular account and cannot be cashed is which of the following?


A) Endorsement for deposit or collection only.
B) Special qualified endorsement.
C) Conditional endorsement.
D) Endorsement that prohibits further endorsement.
E) Trust endorsement.

F) B) and C)
G) D) and E)

Correct Answer

verifed

verified

For an HDC to take an instrument "in good faith," how does the UCC define good faith?


A) Good faith is not defined;it is left to the judgment of the individual HDC.
B) Whether the holder himself acted reasonably when taking the instrument.
C) Using the proper degree of caution that an objective,reasonable holder would have.
D) Whether the holder himself acted honestly when taking the instrument.
E) Under reasonable commercial standards of fair dealing.

F) A) and D)
G) A) and C)

Correct Answer

verifed

verified

According to the UCC,which of the following is true regarding when a person has notice of a fact?


A) Under the UCC a person has notice of a fact under the following two circumstances: 1) when the person has actual knowledge of the fact,and 2) when the person receives notice or notification of the fact.
B) Under the UCC a person has notice of a fact only when the person has signed a verification to the effect that notice was received.
C) Under the UCC a person has notice of a fact only when the person has actual knowledge of the fact.
D) Under the UCC a person has notice of a fact only when the person receives written notification either through regular mail or electronic means.
E) Under the UCC a person has notice of a fact under the following three circumstances: 1) when the person has actual knowledge of the fact,2) when the person receives notice or notification of the fact,and 3) when the person has reason to know the fact exists.

F) B) and D)
G) A) and B)

Correct Answer

verifed

verified

When an instrument is payable to joint payees,the endorsements of all listed payees are required before the instrument can be negotiated.

A) True
B) False

Correct Answer

verifed

verified

Which of the following is the payee's or last endorsee's signature and nothing else?


A) An allonge.
B) A qualified endorsement.
C) A restricted endorsement.
D) A special endorsement.
E) A blank endorsement.

F) B) and E)
G) A) and B)

Correct Answer

verifed

verified

Which of the following does the UCC define as,"honesty in fact and the observance of reasonable commercial standards of fair dealing?"


A) Objective reasonableness.
B) Reasonable investigation.
C) Subjective reasonableness.
D) Good faith.
E) Commercial standards.

F) A) and C)
G) C) and D)

Correct Answer

verifed

verified

When an instrument is being transferred to an agent or trustee for the benefit of either the endorser or a third party,which kind of endorsement is used?


A) Trust endorsement.
B) Endorsement to prohibit further endorsement.
C) Conditional endorsement.
D) Bearer endorsement.
E) Conditional bearer endorsement.

F) D) and E)
G) A) and B)

Correct Answer

verifed

verified

When a consumer credit contract is transferred to a subsequent holder,the holder obtains the rights of an HDC.

A) True
B) False

Correct Answer

verifed

verified

A holder in due course may be free from which of the following defenses?


A) Infancy-a party is below the legal age of consent.
B) Forgery.
C) Fraud in the essence.
D) Breach of contract.
E) Material alteration of a completed instrument.

F) B) and E)
G) D) and E)

Correct Answer

verifed

verified

The purpose of the Shelter Principle and Holder-in-Due-Course doctrine is:


A) To encourage free-market capitalism through competition.
B) To protect financial intermediaries by restricting the marketability of instruments.
C) To encourage the marketability of instruments and encourage financial intermediaries to engage in financial transactions.
D) To help people devise new ways to achieve financial success.
E) To remove as many restraints as possible from the marketability of instruments in order to facilitate commerce.

F) None of the above
G) B) and E)

Correct Answer

verifed

verified

An endorsement that is the endorser's signature followed by a named endorsee,who then becomes the holder of the instrument,is what type of endorsement?


A) Special unqualified.
B) Conditional.
C) Blank unqualified.
D) Blank qualified.
E) Special qualified.

F) A) and E)
G) B) and C)

Correct Answer

verifed

verified

Which of the following is true regarding Nate's rights in relation to the check?


A) As a holder in due course,Nate may demand payment from either Graciela,Annie,or Marney.
B) As a holder,Nate may demand payment from either Graciela,Annie,or Marney.
C) Nate may not demand payment from either Graciela,Annie,or Marney.
D) As a holder in due course,Nate may demand payment from either Graciela or Annie,but not Marney.
E) As a holder,Nate may demand payment from either Graciela or Annie,but not Marney.

F) All of the above
G) B) and E)

Correct Answer

verifed

verified

An instrument is dishonored when a party refuses to pay the instrument,such as when a bank refuses to pay because insufficient funds exist.

A) True
B) False

Correct Answer

verifed

verified

What is the effect of the check's alteration on Kelsey's status as a holder in due course?


A) On the basis that the law does not want to unduly burden holders,the alteration will affect her status as a holder in due course only because the instrument was written for an amount in excess of $500.
B) The alteration has no effect because a holder is not charged with examining an instrument presented for payment.
C) The alteration will affect her status as a holder in due course only if the issuer can establish that it was not negligent in allowing a thief to gain access resulting in the alteration.
D) The alteration will affect her status as a holder in due course only if she had been put on notice of prior criminal behavior in the past on the part of Rafe.
E) The alteration will likely prohibit her from being a holder in due course.

F) None of the above
G) A) and B)

Correct Answer

verifed

verified

Which of the following is true regarding the complaint of Marney that she did not also endorse the instrument?


A) She is incorrect,but only if it can be established that Hiro Murakami lacked knowledge that she had not given her consent to the form of the endorsement.
B) She is correct because both names are required in order to provide legal endorsement.
C) She is incorrect because Annie properly endorsed the note,and only her signature was needed.
D) She is correct in that her name was needed for legal endorsement,but that is only the case because of the misspelling of Annie's name.
E) She is correct because regardless of whether the payees are listed with no designation as to whether they are alternate or joint,or whether the words,"or" or "and" are used to designated payees,any listed payee must endorse a note in order for it to be properly payable.

F) A) and D)
G) All of the above

Correct Answer

verifed

verified

Showing 21 - 40 of 90

Related Exams

Show Answer