Larceny relies on fear and force.
Hu believes that he is a victim of a form of employment discrimination that falls under
Title VII of the Civil Rights Act. Compliance with this statute is monitored by
a. employees and job applicants, not an administrative agency.
b. employers and businesses, not an administrative agency.
c. the courts and Congress, not an administrative agency.
d. the Equal Employment Opportunity Commission.
Good Food Corporation buys from Home Farms, Inc., a rice crop that Home Farms
plans to plant and harvest during the next growing season. Good Food plans to sell the
rice to Interstate Grocery Stores. After the rice is planted, but before it is harvested, an
insurable interest in the rice exists in
a. Good Food and Home Farms, but not Interstate Grocery.
b. Good Food, Home Farms, and Interstate Grocery.
c. Good Food only.
d. Home Farms only.
Quinn is an employee of Regional Industries, Inc. Quinn is threatened with a discharge
when he refuses a transfer to a Regional department in which several employees
suffered serious injuries from exposure to hazardous chemicals. Quinn may be entitled
to protection from discharge under
a. no law.
b. the Family and Medical Leave Act.
c. the Occupational Safety and Health Act.
d. the state worker’ compensation act.
Clear Day Company, which is based in Delaware, agrees to sell fifty windows,
currently stored in Florida, to Far Vu, Inc., which is based in Hawaii. Absent an
agreement to the contrary, the place of delivery is in
a. California.
b. Delaware.
c. Florida.
d. Hawaii.
As a joke, Jem takes Kyla’s business law textbook and hides it so that Kyla cannot find
it during the week before the exam. Jem may have committed
a. appropriation.
b. conversion.
c. disparagement of property.
d. trespass to personal property.
Ester is a lighting technician who hires out on a per-project basis to film and television
production companies, as well as theatres and other venues that stage dramatic and
musical performances. In this capacity, Ester is
a. an agent.
b. an employee.
c. an independent contractor.
d. a principal.
Kit loses her suit against Lou in a Minnesota state trial court. Kit appeals to the state
court of appeals and loses again. Kit would appeal next to
a. a U.S. district court.
b. the Minnesota Supreme Court.
c. the United States Supreme Court.
d. the U.S. Court of Appeals for the Eighth Circuit.
Brasilia, a real estate broker licensed only in Connecticut, concludes a land sale in
Delaware. She can
a. collect the commission if it has not been paid.
b. keep the commission if it has already been paid.
c. foreclose on the property to obtain any unpaid amount.
d. not collect the commission, keep it, or foreclose on the property.
Finance Professionals Union represents the workers of Business & Commerce Banking
Corporation. The management of the firm refuses to bargain with the union. This
violates
a. federal labor law.
b. state right-to-work laws.
c. federal wage and hour laws.
d. no federal or state law.
Clu, Dolf, and Elton do business as Fertile Valley Farm. Clu’s relationship to the firm
ends, but it continues to do business. This is
a. dissociation.
b. dissolution.
c. winding up.
d. wrongful.
iTablets, Inc., files a suit against Andromeda Pads Corporation. Suri is a witness for
iTablets. Kevin is a witness for Andromeda. iTablets may direct interrogatories to
a. Andromeda.
b. Suri.
c. Kevin.
d. the judge.
Mit-E Mart LLC was formed in New Jersey. Mit-E Mart’s members are Odel, who is a
citizen of New Jersey, and Pola, who is a citizen of New York. For federal diversity
jurisdictional purposes, Mit-E is a citizen of
a. all states.
b. New Jersey and New York.
c. New Jersey only.
d. no state.
John is an art dealer with special expertise in modern art. Rachel comes to John’s
gallery to purchase a modern art painting as an investment. John shows her several
paintings that he says are high quality and will increase in value in the next ten years.
John’s statement is
a. an express warranty.
b. an implied warranty.
c. an opinion.
d. puffery.
Liz trespasses on Mega Corporation’s property. Through the use of reasonable force,
Mega’s security guard Ned detains Liz until the police arrive. Mega is liable for
a. assault.
b. battery.
c. false imprisonment.
d. none of the choices.
Frugal Insurance Company sells a policy to Grover Company, insuring the life of one of
Grover’s key executives. When the executive dies, Frugal refuses to pay, noting that it
was not licensed to sell insurance in Grover’s state and arguing that thus, its policy
cannot be enforced. Grover can recover
a. the amount of the policy from Frugal in full.
b. the amount of the premiums that Grover paid to Frugal.
c. as much of the amount of the policy from Frugal as will cover Grover’s costs.
d. nothing.
Hal’s Hardware store defaults on a debt to Intrastate Bank, which takes possession of
the collateral securing the debt. Intrastate sells the collateral. The proceeds from the sale
are applied first to
a. Hal’s debt to Intrastate.
b. Hal’s debts to other creditors.
c. Intrastate’s fees for the sale.
d. payments Hal’s made on the debt to Intrastate.
Zoe invents “All for One,” new business inventory control software, and applies for a
patent. If Zoe is granted a patent, it will protect her product
a. for ten years.
b. for twenty years.
c. for the life of the inventor plus seventy years.
d. forever.
Fact Pattern 22-1
Northeast Bank makes mortgage loans to consumers, including Mai, to buy homes.
Refer to Fact Pattern 22-1. For Mai’s loan, Northeast provides all required disclosures.
Mai has a right to rescind the mortgage
a. at any time.
b. under no circumstances.
c. within three business days.
d. within whatever period is most rational and appropriate.
Frank slips and falls on Guy’s Harbor Tour Boat and is injured. Frank files a suit against
Guy’s for $500,000. If Frank is 20 percent at fault and Guy’s is 80 percent, under the
“50 percent rule” comparative negligence principles, Frank would recover
a. $0.
b. $250,000.
c. $400,000.
d. $500,000.
Spa Selectiva Company makes and sells beauty salon supplies. By selling its product at
prices substantially below the normal cost of production, Spa Selectiva hopes to drive
its competitors from the market. This is
a. market power.
b. predatory pricing.
c. price discrimination.
d. price-fixing.
A trade association
a. is always a per se violation of Section 1 of the Sherman Act.
b. may be legal if it is sufficiently beneficial to both the association and the public.
c. is an innovative, legally efficient approach to doing business.
d. always creates illegal territorial or customer restrictions.
Elsa participates in a Title VII investigation at the firm where she works. As a result,
Elsa’s employer demotes her. Elsa can file a
a. harassment complaint.
b. retaliation claim.
c. constructive discharge claim.
d. disparate-impact discrimination claim.
Nina is a director of Omega, Inc. Under the standard of due care owed by directors of a
corporation, Nina’s decisions must be
a. ambiguous and questionable.
b. arguable and defensible.
c. informed and reasonable.
d. perfect and unassailable.
Opie offers to sell his guitar to Pinky for $200. Pinky agrees. They complete and sign a
printed form and Pinky gives Opie a check for the price. The check is
a. a formal contract.
b. an informal contract.
c. a social contract.
d. no contract.
Michelle gives out a business card with an e-mail address on it. It is reasonable to infer
that Michelle has consented to
a. transact business electronically.
b. submit to the jurisdiction of any selected forum.
c. accept and respond to any correspondence sent to that address.
d. nothing.
Big U.S. Oil Company joins with a foreign cartel to control the price of oil. If the cartel
has a substantial effect on U.S. commerce
a. both Big U.S. Oil and the foreign cartel can be sued for violation of U.S. antitrust
laws.
b. neither Big U.S. Oil nor the foreign cartel can be sued for violation of U.S. antitrust
laws.
c. only Big U.S. Oil can be sued for violation of U.S. antitrust laws.
d. only the foreign cartel can be sued for violation of U.S. antitrust laws
David, an Alabama resident, files a suit in an Alabama court against QuickAds, an
Internet company based in Georgia that provides advertising services. QuickAds only
contact with persons in Alabama has been through QuickAds’s passive advertising. The
Alabama court is
a. likely to have jurisdiction over the case.
b. not likely to have jurisdiction over the case.
c. likely to refer the case to a higher district court.
d. likely to refer the case to an appellate court.
Natalie is a shareholder of Off-Road Vehicle Company. As a shareholder, Natalie does
not have
a. a right to compensation.
b. dividend rights.
c. inspection rights.
d. preemptive rights.
Pilar is interested in buying a franchise from Quixotic Travel & Tours Corporation.
Quixotic must disclose material facts that Pilar needs to make an informed decision
concerning this purchase, according to
a. no law.
b. the Petroleum Marketing Practices Act of 1979.
c. the Federal Trade Commission’s Franchise Rule.
d. the Uniform Commercial Code.
Portia owes Bon $500 on their contract, but refuses to pay. To collect, Bon files a me-
chanic’s lien, under which security for the debt is represented by
a. Portia’s personal property.
b. Portia’s real estate.
c. the $500 owed under the contract.
d. the contract.
Angie borrows $20,000 from First Line Credit using a field of timber trees as collateral.
To perfect its security interest, First Line Credit must file its financing statement with
a. the county clerk.
b. the mayor.
c. the city counsel.
d. the secretary of state.
A customer list is not a trade secret.
Not all of the terms presented in shrink-wrap agreements have been enforced.
If a job applicant or an employee with a disability, with reasonable accommodation, can
perform essential job functions, the employer must make the accommodation.
A hacker is someone who uses one computer to break into another.
A single seller acting unilaterally is free to deal, or not to deal, with anyone it chooses.
If the interests of different stakeholders conflict, it can be difficult to determine which
group’s interest should receive greater weight.
Constructive eviction occurs when a tenant moves off the premises in retaliation against
the landlord.
Normally, a franchisee determines the territory that it will serve.
The use of a person’s likeness for commercial purposes without permission is
appropriation.
A criminal case must be proved beyond a reasonable doubt.
The Clayton Act prohibits certain classes of price discrimination.
An offer to form a bilateral contract is accepted only by promising to perform the
contract performance.
Recreation & Sports Equipment Corporation sells a product that is capable of seriously
injuring consumers who misuse it in a foreseeable way. Does the firm owe an ethical
duty to take this product off the market? What conflicts might arise if the firm stops
selling this product?
An employee can continue the health benefits provided by his or her employer for a
period of time only on an involuntary loss of employment.
A lender’s failure to comply with federal mortgage disclosure requirements extends the
borrower’s right to rescind the loan to no more than seven days.
A corporate officer cannot act as an agent of the corporation.
The owners of an unincorporated cooperative have joint liability for its obligations.
Tender is a timely offer or expression of willingness to pay a debt or perform an
obligation.