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Tony raped Jane in the parking lot of Joe's Brew Pub. The District Attorney's office
prosecuted Tony on rape charges. Subsequently, Jane filed a lawsuit against Tony for
money damages. Classify each legal action.
a. The District Attorney's case was a criminal case; Jane's lawsuit was a civil case.
b. The District Attorney's case was a civil case. Jane's lawsuit was a criminal case.
c. Both cases are criminal.
d. Both cases are civil.
Which law regulates how federal agencies make rules, conduct investigations, hold
meetings and hearings, obtain information, and reach decisions?
a. The 1964 Civil Rights Act.
b. The Clean Agency Act.
c. The Administrative Procedure Act.
d. The Freedom of Information Act.
Percival is a tenant in a high rise apartment building. He has duties to his landlord,
including:
a. duty not to damage premises.
b. duty to call a repairman when an appliance is broken.
c. duty to regularly clean stray marks off walls.
d. all of the above.
After being served with a summons and a copy of the complaint, a defendant usually
files a pleading known as an answer, briefly replying to each allegation in the
complaint.
a. True
b. False
Which of the following traits is NOT currently protected under Title VII?
a. National origin
b. Sexual orientation (homosexual vs. heterosexual)
c. Gender (male vs. female)
d. Family responsibility (mothers vs. fathers)
A state law prohibits firefighters and school teachers from going out on strike. Though
they are allowed to organize into collective bargaining units, state law prohibits them
from striking. Such a state law:
a. is legal.
b. is not legal since the U.S. Supreme Court has ruled such a state law violates the equal
protection clause of the Constitution.
c. is not legal since the federal law (NLRA) preempts state law.
d. is not legal because the right to form unions is illusory without the right to strike.
MegaCorp purchased 10,000 shares of its own stock that had previously been owned by
private investors. The stock MegaCorp repurchased is called:
a. authorized and unissued.
b. authorized and issued.
c. treasury stock.
d. repurchased stock.
Filings are required in order to form and operate a limited liability partnership.
a. True
b. False
Masterview, Inc. purchased a new computer system, which included some computer
programs. When Masterview developed financial troubles, two competing creditors of
Masterview claimed the right to repossess the computer system and the programs. The
UCC distinguishes 'software from "goods and treats them differently for some purposes,
which would be important in this situation.
a. True
b. False
Acme Widgets donates $1.00 from each sale of its Super Widget to the World Food
Bank. This action illustrates:
A. corporate social responsibility.
B. outsourcing.
C. unethical corporate conduct.
D. none of these answers.
The Electronic Communications Privacy Act is a federal statute regulating e-mail.
a. True
b. False
Vince has begun forgetting things and is becoming very difficult to get along with. He
is 85, has been ill, and is very fond of his housekeeper Annie. He gives a deed to Annie
for all of his real property. At Vince's death, his children, who got only his photograph
albums according to the will, ask that the deed be set aside and the land be put back in
the estate for purposes of division among all the children. The probable result will be:
a. since Vince was 85 he was probably incompetent and the court would rule for the
children.
b. clearly Annie used her position of dominance to persuade Vince to deed her the
property, and it will be set aside.
c. unless the children can prove that Vince was unable to understand what he was doing,
or that Annie used her position to improperly influence Vince, Annie can keep the
property.
d. None of the above.
A corporate charter is filed with:
a. a state's Secretary of State office.
b. a state's Treasury and/or Revenue Division.
c. the United States Department of Commerce.
d. All the above.
For a security interest to attach, there must be an agreement.
a. True
b. False
If each partys promises are listed separately in the contract, the are probably:
a. covenantal promises.
b. conditional promises.
c. reciprocal promises.
d. material promises.
Scott is trying to introduce oral evidence in court to alter the terms of a written contract
he had with Bonnie. Bonnie has raised the parol evidence rule as an objection to Scott's
testimony. In which of the following circumstances will Scott not be able to introduce
the oral evidence?
a. The contract has an integration clause in it and Scott's point of contention is covered
in detail in the contract, although not to his favor.
b. There was a mutual mistake of a material fact when the contract was entered into.
c. The oral evidence is introduced to clarify the meaning of an ambiguous term used in
the written contract.
d. Scott claims that he was defrauded into entering into the contract and wants to testify
about the intentional misrepresentations of material facts.
James was a partner in a large firm. He died unexpectedly. His son, Frank, wanted to
take over for his father in the partnership and was well qualified to do the work his
father had done. Which statement best describes Frank's rights in the partnership if he
inherits the interest?
a. Frank has a right to take over for his father in the partnership.
b. Frank is entitled to the value in the partnership, but not to become a full partner.
c. Frank has no rights to his father's partnership interest.
d. Frank may become a partner only if his fathers will specified such action.
Which of the following would probably NOT be required of employers to reasonably
accommodate its employees for religious beliefs?
a. Flexible scheduling
b. Closing the business on Sundays
c. Reassigning employees within the company
d. Allowing employees to switch work schedules
Susan took out a life insurance policy on herself, paying all of the premium payments.
She named her daughter, Jessica, as the beneficiary under the policy. Jessica has not
given anything in consideration for the policy. Jessica is:
a. a donee beneficiary who has rights to enforce the policy once Susan dies.
b. a creditor beneficiary who has rights to enforce the policy once Susan dies.
c. an incidental beneficiary because Jessica did not give any consideration for the policy
and therefore cannot enforce the policy even when Susan dies.
d. None of the above.
Patrick owned an acre of land which was being divided into building lots. Nancy was
interested in purchasing the corner lot. In a signed writing, Patrick stated "I will sell
Nancy Grimes a lot on Route 70 for $5,500 cash, payable on April 30, 2012. This
writing is sufficient under the statute of frauds to make the contract enforceable.
a. True
b. False
What law prohibits mergers that are anti-competitive?
a. Sherman Act.
b. Clayton Act.
c. Robinson-Patman Act.
d. Radmon Act.
What phrase explains how a requirements contract can be valid?
a. "will buy 100 percent of output
b. "willing to accept the entire quantity
c. "no consideration needed
d. "in good faith
The factor that most distinguishes a Subchapter S corporation from a "C corporation is:
a. its organizational structure.
b. its treatment of shareholders for income taxation purposes.
c. its requirement of restrictive transfer rights of the shares.
d. its small cost of formation.
Ralph is a professional football player. He signs a valid contract with the Jets. Later, the
Giants offer him more money, so he signs a contract with them. If the Jets sue Ralph,
the most likely result would be?
a. The court will order Ralph to play with the Jets.
b. The court will order Ralph to play with the Jets, but Ralph is entitled to be paid the
amount he negotiated under the Giants contract.
c. The court will enjoin Ralph from playing with any team other than the Jets.
d. The court will order Ralph to pay compensatory damages in the amount of the
difference between the two contracts.
The Sherman Act was enacted to deal with.....
a. Anticompetitive mergers
b. Price fixing
c. Discriminatory pricing
d. Tying arrangements
The form of business ownership that is the most easily transferable is the:
a. general partnership.
b. corporation.
c. limited liability company.
d. limited partnership.
A buyer who accepts nonconforming goods may revoke the acceptance under limited
circumstances.
a. True
b. False
Lying is always considered unethical, even if it seems to be justified by the ends.
a. True
b. False
The Basic Books, Inc. v. Kinko's Graphic Corp. case held:
a. professors could print and sell lengthy course packets of copyrighted material under
the "fair use" doctrine.
b. professors could not print and sell lengthy course packets of copyrighted material
under the "fair use" doctrine.
c. professors could not use commercial printing companies under the "fair use"
doctrine.
d. None of the above.
A patent is available for an idea as well as a tangible application.
a. True
b. False
