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The Family Medical and Leave Act:
a. provides for twelve weeks of paid leave for family medical issues.
b. applies only to birth or adoption issues.
c.is an optional federal program.
d.none of the above
"That's the way it has always been done," is a phrase that often signals ethical
difficulties.
a. True
b. False
Which of the following eliminates the effect of the mailbox rule?
a. The UCC eliminates the mailbox rule.
b. Common law eliminates the mailbox rule.
c.An offer that includes, "Acceptance is effective upon receipt only."
d.Any attempt to eliminate the mailbox rule is void.
e. none of the above
The Robinson-Patman Act deals with price discrimination.
a. True
b. False
What is the general rule with regard to employer liability for employee accidents
occurring while the employee is on the way to work?
a. The employer is generally not liable.
b. The employer is liable unless it furnishes transportation for employees.
c.The employer is liable if the employee is reporting to work early.
d.both b and c
e. none of the above
Which of the following is not a form of equitable relief?
a. injunction
b. money damages
c.specific performance
d.rescission of a contract
e. All of the above are forms of equitable relief.
Small claims courts are:
a. federal specialty courts.
b. also known as probate courts.
c.also known as courts of claim.
d.part of the state court system.
The due diligence defense is one that is easy to establish.
a. True
b. False
Which of the following terms applies to this action by the Somali government?
a. Sovereign immunity
b. Expropriation
c. Repatriation
d. Protectionism
Sex discrimination complaints are the most common type of employment
discrimination complaints.
a. True
b. False
An enabling act is an act approving rules promulgated by an administrative agency.
a. True
b. False
Which of the following functions would be implied authority for an apartment
manager?
a. selling the apartment complex
b. selling the apartments' appliances
c.collecting rent from the tenants
d.All of the above would be included in implied authority.
The U.S. Courts of Appeal use a writ of certiorariprocess for appeals.
a. True
b. False
The only employers required to have affirmative action plans are government agencies.
a. True
b. False
Implied authority is the extension of express authority by custom.
a. True
b. False
Which of the following would be the crime of obstruction of justice?
a. making a false entry
b. certification of financial statements
c. destroying e-mails
d.both a and c
To establish assumption of risk, the defendant must show that the plaintiff was aware of
the risk and accepted it voluntarily.
a. True
b. False
The pattern or practice of discrimination cases:
a. requires proof of intent to discriminate.
b. places the burden of proof on the employer.
c.often involves statistical comparisons of the general population and the employer's
work force.
d.none of the above
For each of the following actions, describe the sources of law the individuals should
consult:
a. obtaining a bicycle license
b. incorporating a company
c. determining how many feet of set back are required for residential construction
d. selling securities on a national exchange
Under Title VII, sexual harassment complaints require proof of:
a. actual physical contact.
b. involuntary sexual acts.
c.either verbal or physical suggestions.
d.none of the above
State agencies are covered under Title VII.
a. True
b. False
The results of mediation are generally binding.
a. True
b. False
Which of the following laws require businesses to report cash transactions involving
$10,000 or more?
a. Bank Secrecy Act
b. USA Patriot Act
c. Money Laundering Control Act
d.all of the above
Cal-Maine Foods was the defendant in an antitrust suit brought by the purchasers of
eggs. Cal-Maine is an egg distributor and the suit accused Cal-Maine of manipulating
the egg supply in order to increase prices. Egg prices jumped 28% in 2007 and 14% in
2008 as egg supplies dwindled. Cal-Maine said that following
industry-wide animal-welfare guidelines resulted in fewer chickens per farm and, as a
result, fewer eggs. Which of the following statements is correct?
a. Reducing supplies that affect prices is not covered under the antitrust laws.
b. Cal-Maine would have had to conspire with a competitor for the antitrust laws to
apply.
c.Cal-Maine is not liable to the purchasers of eggs, only the stores that bought the eggs.
d.none of the above
A motion to dismiss must be filed before an answer is filed.
a. True
b. False
Medarb is a combination of a trial and mediation.
a. True
b. False
The failure to give the Mirandawarnings:
a. is a problem only if the defendant is in jail.
b. will result in a dismissal of all charges.
c. is a problem only if the defendant is in custody.
d.none of the above
An atmosphere of sexual harassment:
a. is not a form of discrimination.
b. can exist through language.
c.requires proof of quidproquo.
d.none of the above
Pattern or practice of discrimination is discrimination against a group rather than a
person.
a. True
b. False
The foreign/natural test for food items is different from the liability issues under the
reasonable expectation test.
a. True
b. False
In the citation 501 F.3d 29, the case can be found on what page?
a. 501
b. 3
c.29
d.There is not enough information given to answer the question.
An employer is only liable for its actions when hiring, not its failure to do something.
a. True
b. False
The balancing test:
a. is one applied in supremacy issue cases.
b. is one applied in state regulation of interstate commerce.
c. involves the exercise of state taxation powers.
d. none of the above
Fourth Amendment rights still apply on the Internet.
a. True
b. False
Zenith Radio and other American TV manufacturers brought suit against Japanese TV
manufacturers for charging artificially low prices in the United States. Can the Japanese
manufacturers be sued in the United States?
The Department of Homeland Security has asked the Internal Revenue Service for the
tax returns of U.S. citizens who have been identified as having ties to terrorist
organizations. The IRS has declined to turn over the tax returns. Discuss the rights of
the individuals and the authority of the two agencies.
Explain the attorney/client privilege.
Koellmer purchased a Chrysler auto. After taking delivery of his new vehicle, he
discovered there were warranty disclaimers in his owner's manual. Is Koellmer bound
by the warranty disclaimers?
List all the possible defenses to charges of discrimination.
Lund was the CEO of Verit Co. Lund was contacted by Horowitz, the CEO and
Chairman of the Board of P & F.
Horowitz told Lund of an opportunity P & F had to buy into a Las Vegas casino. Lund
immediately purchased
10,000 shares of P & F. Three days after Lund's purchase, P & F announced its
intentions to enter into a joint venture for a Las Vegas casino. Lund was then able to sell
his shares for considerable profit. Discuss the propriety of Lund's actions under the
1934 Act.
Explain the changes Sarbanes-Oxley made to criminal laws.
The Williams Act only applies to National Stock Exchange companies.
a. True
b. False
Louis Vuitton is a manufacturer of luggage, purses, wallets, and briefcases and is
internationally known for its classic LV design on its products. Vuitton has authorized
two U.S. importers to handle its products with the caveat that the products are to be sold
only in the finer department stores and Vuitton-authorized dealers and franchises. One
dealer has been selling the Vuitton products at substantial discounts to a wholesaler in
the Los Angeles garment district. Discuss Vuitton's rights in this situation.
Why is the Code of Federal Regulations not solely online to save money and time?
James Kaufman purchased 11 heifers from Peter Van Santen. Van Santen provided in
their agreement that the cows had "no mastitis." Mastitis is an inflammation of the
milk-producing tissue in the udder that can result in infection and reduction of milk
production. Shortly after taking delivery, Kaufman discovered mastitis in the cows. One
had to be killed and the remainder of Kaufman's herd became infected.He lost $30,000
because of decreased milk production and spent nearly $600 in vet bills. Can Kaufman
recover from Van Santen? If so, on what theories?
Charlie Seam is a broker for a major stockbroker in New York City. Charlie took a job
at night with a janitorial firm that is responsible for doing the cleaning on several of the
major law firms in New York. These firms also handle the legal business for the largest
companies in the United States. Over the past few years these same firms have drafted
the documents and done the necessary filings for takeovers among these firms. Charlie
has discovered that, as a supervisor, he is able to move freely around the offices and
read of developing events on the partners' desks. Through this job Charlie has been able
to make some very good investments for himself and his clients. Do
Charlie's actions violate 10(b)?
Discuss the main racial discrimination issues in the Riccicase.
Cheryl Lileth purchased Big Eyes Mascara, a product described on its label as
"Hypoallergenic." Cheryl developed a rash and swelling after one use. Can she recover?
What possible theories could she use?
Go-Video has developed a DVD recorder that is dual deck and is capable of playing one
DVD while recording on the other DVD. Several Japanese manufacturers have taken
action to block the entry of the machine onto the market by prohibiting dealers from
handling the product (if they do, their dealership for the Japanese DVD recorders and
TVs is terminated). Go-Video has brought suit against the Japanese manufacturers for
violation of the antitrust laws. Are the Japanese manufacturers subject to U.S. antitrust
laws?
