The prohibitions on sex discrimination apply only to:
a. job hiring decisions.
b. promotions.
c.wage increases.
d.a, b, and c
e. none of the above
Russ Belmont is a staff accountant at a bank in the downtown Phoenix area. Belmont
commutes to the bank each day from his suburban home in Mesa – a distance of 19
miles each way. Belmont’s working hours are 8:00 AM to 5:00 PM and he commutes
from 7:15 AM until he reaches the bank’s parking garage between 7:45 and 8:00
(depending upon the traffic). If Russ is in an accident while on the freeway at 7:30 AM:
a. the bank will be liable for any injuries to third parties.
b. the bank will not be liable for any injuries to third parties.
c.Belmont is an independent contractor and the bank will have no liability for injuries
or damages in the accident.
d.none of the above
Russ Belmont is a staff accountant at a bank in the downtown Phoenix area. Belmont is
sent to various branches throughout the state to do audits and has an accident while en
route to one of the audits. Which of the following statements is true?
a. The bank will be liable for any injuries to third parties.
b. The bank will not be liable for any injuries to third parties.
c.Belmont is a professional and an independent contractor and the bank will not be
liable.
d.none of the above
The 1933 Securities Act regulates primary offerings.
a. True
b. False
In general it is okay for jurors to perform internet research concerning the case they are
involved in during the case.
a. True
b. False
If members of a limited liability company exercise management authority, they lose
their limited liability.
a. True
b. False
“Taking the Fifth” means:
a. refusing to allow a search of your office.
b. refusing to turn over corporate documents.
c. refusing to testify to prevent self-incrimination.
d.demanding a search warrant.
Monopolization is a vertical restraint of trade.
a. True
b. False
Which federal law regulates minimum wage?
a. FLSA
b. OSHA
c.ERISA
d.none of the above
The omnibus hearing is:
a. the same as the preliminary hearing.
b. held before trial to determine evidentiary issues.
c. held after trial.
d.none of the above
Title VII is not applicable to:
a. professional positions.
b. merit pay systems.
c.partnership decisions.
d.none of the above
Collective bargaining units are determined by employees.
a. True
b. False
Violations of the Clean Air Act:
a. carry civil and criminal penalties.
b. carry only civil penalties.
c.can be remedied only by a suit brought by another citizen.
d.are handled by the Justice Department.
The Endangered Species Act:
a. requires only that an EIS be prepared.
b. applies only to government land.
c.applies to private and public lands.
d.none of the above
Which of the following is not an exemption for following the disclosure requirements
under the Federal Privacy
Act?
a. medical records
b. FBI investigations
c. SEC stock-trading records
d. Congress
The party who appeals a decision is called an appellant.
a. True
b. False
Some of the most active pirates are from Cuba.
a. True.
b. False
Dennis Kozlowski was the former CEO of Tyco who was charged with larceny,
otherwise known as embezzlement. During his trial, Mr. Kozlowski offered testimony
that all of his loans from the company that were not repaid were authorized loans that
had been forgiven by the board of directors. The testimony about the board’s approval:
a. shows a lack of mensreaon Kozlowski’s part.
b. shows he did not have the actusreusof taking something that did not belong to him.
c. is irrelevant because the money belonged to the corporation.
d.both a and b
Corporate officers can be held liable for FLSA violations.
a. True
b. False
A peremptory challenge is a challenge for cause.
a. True
b. False
The executive vice president for Best Buy appeared on television in an interview about
how Best Buy was doing because of concerns about the abrupt departure of the
company’s CEO. The executive vice president said, “Customers are lining up at our
stores and television sales are going really strong.” Which of the following is correct
about the EVP’s statements?
a. The statement was too general to constitute a basis for a 10(b) claim.
b. The statement does need to contain numbers to be a material misrepresentation.
c.The buyer has done nothing wrong unless he was told to not reveal that information.
d.The seller has a 10(b) claim against the seller.
A group of local architects has met and decided that their bidding on public works
projects has created a danger for the public because the bids come in so dangerously
low that building safety is sacrifice
d.The action of the architects:
a. does not violate the Sherman Act because of the reason for their boycott.
b. does not violate the Sherman Act because they offer services only and do not sell
goods.
c.violates the Sherman Act in spite of their motivation.
d.none of the above
If a defendant in a defamation suit holds a qualified privilege:
a. the defendant has a complete defense to the suit.
b. the defendant cannot be sued if he/she retracts the statement.
c.the plaintiff will be required to prove additional elements to recover.
d.the defendant enjoys higher protection than the absolute privilege.
The following exchange took place in a series of e-mails between Mitchell Raines and
Leslie Carroll:
Mitchell: I am looking at the Trek bike advertised on your website for $650.00. Would
you take $600.00? Leslie: I would take $600 if there were no delivery required.
Mitchell: Well, I have to have it delivered because you are two states away. Leslie:
Well, then if there has to be delivery, I could do it for $630.00. Mitchell: Is that cash?
Leslie: Yes.
a. Mitchell and Leslie have a contract for the sale and purchase of the bike for $630.00
with delivery.
b. Mitchell and Leslie have a contract for the sale and purchase of the bike for $630.00
without delivery.
c.Mitchell and Leslie have an offer on the table of $600 with no delivery.
d.Mitchell and Leslie do not have a contract.
Corporations’ copyrights last for 50 years from the time of their creation or release,
whichever is later.
a. True
b. False
Which of the following would require the filing of an EIS?
a. expansion of an airport in a national park
b. allowing snowmobiles in a national park
c.erecting a research telescope facility in a national park
d.All of the above would require an EIS.
Municipal bonds are exempt from SEC requirements.
a. True
b. False
Susan Hewitt is eating a bowl of cream of broccoli soup in a bistro when she notices a
portion of a caterpillar on her spoon. Susan’s best basis for recovery is:
a. implied warranty of merchantability.
b. negligence.
c.implied warranty of fitness for a particular purpose.
d.none, there is no privity
An assignment of a limited partner’s interest terminated the limited partnership.
a. True
b. False
Economic pressure is generally not a reason for corporate crime.
a. True
b. False
Privity in negligence product liability cases is:
a. not required.
b. more stringent than in UCC cases.
c.determined by the relationship of the injured party to the buyer.
d.none of the above