Which of the following reports the opinions of federal district courts?
a. FederalSupplement
b. FederalReporter
c.Federal district court opinions are not reported.
d.none of the above
Scalping ordinances are an example of criminal laws.
a. True
b. False
Hearings are required in all federal rule proposals.
a. True
b. False
An example of unethical behavior in the New York City and Boston marathon races was
committed by:
a. Elise McDonough
b. Martha Stewart
c.Rosie Ruiz
d.Danica Patrick
Joan owns a citrus tree farm near Mesa, Arizona. Joan and her family have fertilized the
trees each spring for 52 years. The irrigation for the trees carries the fertilizer remnants
into the Salt River. When EPA investigators discover the fertilizer in the Salt River and
trace the unique brand to Joan, they indict her for violation of the Clean Water Act, for
the discharge of a substance into a waterway. Joan responds, “I didn”t know there was
fertilizer. I was just letting water flow.”
a. Joan has sufficient mens rea for the crime.
b. Joan can rely on the Ahmadcase and escape criminal liability.
c. Joan can be held criminally liable for negligence.
d.none of the above
The Palsgrafcase expanded the notion of causation.
a. True
b. False
Which of the following is/are HIPAA requirements?
a. No computer use for health care information transmittal.
b. Patient right of access to records.
c.Use only of postcards for communication.
d.a, b and c
For state regulation of interstate commerce to be constitutional:
a. the state’s purpose must be to protect the public’s health and safety.
b. the state cannot place an undue burden on interstate commerce.
c. either a or b
d. both a and b
Xcruise.com is an Internet company that sells discount cruises over the Internet to
customers throughout the United
States. Xcruise.com has one office, located in Fargo, North Dakota. All of
Xcruise.com’s employees, equipment and boats are located in either Miami or Libya.
The Bottonskis, residents of Virginia, bought two first-class tickets on Xcruise.com’s
Alaska cruise. Mrs. Bottonski was injured when she fell on a wet floor near the dinner
buffet. What court is likely to have jurisdiction if Mrs. Bottonski brings suit to recover
her $123,000 in medical bills?
a. Virginia federal district court
b. no court in the U.S.; Libya has jurisdiction
c.state court only in North Dakota
d.federal district court in North Dakota or Florida
Mr. Parnell entered a not guilty plea to the charges. Which of the following would have
been the forum for entering that plea?
a. Grand jury
b. Preliminary hearing
c. Arraignment
d.Initial appearance
A consent decree is similar to a plea bargain.
a. True
b. False
Which of the following names apply to the party who appeals the trial court decision?
a. respondent
b. appellant
c.appellee
d.none of the above
An agency contract must be evidenced by a record to be vali
d.
a. True
b. False
A fiduciary is required to:
a. act in the best interests of the principal.
b. eliminate all risk for the principal.
c.hire a trustee to supervise the funds involved that belong to the principal.
d.none of the above
Andy: “This is to confirm our telephone conversation of earlier today. 200 lbs. of
T-bone at $2.89 per pound.” Barb: “Yes, but that’s 100 pounds at $2.99.”
Andy: “Too late, we already reached agreement by phone.” Barb: “Too bad, it wasn’t in
writing.”
Which of the following statements is true?
a. Barb is incorrect. The phone conversation was a contract.
b. Barb is correct. The agreement must be in writing to be enforceable.
c.Andy can enforce the agreement with the parol evidence rule.
d.none of the above
An arbitration clause that requires a consumer to travel to another state for the
arbitration hearing is void.
a. True
b. False
Gilda Steinforth is a partner in the law firm of Jones, Deloitte & Ernst. A wealthy
couple has met with her and asked her to draw up a trust for a portion of their property.
They gave Steinforth a check for $10,000 as a retainer fee and a check for $500,000 to
begin the trust. Within two days after her meeting with the couple, Gilda and the checks
are gone. The couple wishes to recover from Jones, Deloitte & Ernst. Which of the
following statements is true?
a. The couple may not recover since Jones, Deloitte & Ernst is not responsible for the
intentional torts of its employees.
b. The couple may not recover since Steinforth, as a lawyer, was an independent
contractor and not a servant of the firm.
c.The couple may not recover since Steinforth had no express or implied authority to
receive the checks.
d.none of the above
The following series of events occurred between Bull’s Meat Market and The Butcher:
May 1 – The Butcher faxes Bull’s and offers to buy 200 lbs. of T-bone steak at $3.29 per
lb. May 2 – Bull’s faxes back: “Price is okay. Payment prior to delivery.”
Bull’s and The Butcher:
a. have a contract on May 2 with the payment term.
b. have a contract on May 2 without the payment term.
c.do not have a contract.
d.none of the above
The minimum wage under FLSA:
a. applies to all employees.
b. does not apply to employees between ages 16 and 18.
c.has not increased since 1968.
d.none of the above
Respondeatsuperioris no longer applied in agency relationships.
a. True
b. False
An S corporation is created as an LLC.
a. True
b. False
Zero-base budgeting:
a. means the Congress has “sunseted” an agency.
b. means that an agency does not automatically receive its previous year’s base budget.
c. is unconstitutional.
d. none of the above
Palming off:
a. is the same as trademark infringement.
b. requires proof of the likelihood of confusion.
c.is a statutory protection in competition.
d.is a federal crime. e. none of the above
The Norris-LaGuardia Act was the first federal labor legislation with general
application.
a. True
b. False
Spoilation is:
a. litigation over contaminated food.
b. destruction of evidence needed for litigation.
c.following stare decisis and dismissing a case.
d.none of the above
E-merchants need not follow the same FTC rules that apply to catalog merchants.
a. True
b. False
Employers have no right of access to employees’ emails if they promised the employees
privacy.
a. True
b. False
In supremacy clause cases, the pervasiveness of the regulatory scheme is examined.
a. True
b. False
How was the Rivers and Harbors Act of 1899 used in the pollution battle?
a. to prevent dumping into waterways
b. to prevent the transportation of toxic substances without a permit
c.to prevent all discharges
d.none of the above
Shareholder proposals that call for a shareholder vote on compensation are proper under
SEC rules.
a. True
b. False
The Equal Credit Opportunity Act was passed to ensure equal credit opportunity
regardless of past credit history.
a. True
b. False
Many dry cleaners now charge an environmental surcharge to cover their costs on
emissions compliance.
a. True
b. False
Which of the following is not a remedy in an EEOC action?
a. injunction
b. back pay
c.punitive damages
d.All of the above are remedies.
Shareholders generally elect the officers of the corporation.
a. True
b. False
A principal is not liable for an accident caused by its delivery person.
a. True
b. False