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Fact Pattern 4-1
Martin is a legal secretary for Allison, a partner in a large law firm in Knoxville. Allison
finds Martin quite annoying. The last straw occurs when Martin tells Allison that she
looks pale and appears to have been partying a bit too hard. Allison fires Martin on the
spot. Martin tells Allison that he has been studying constitutional law, and that she is
guilty of violating not only his due process rights but his equal protection rights as well.
Martin says that he was entitled to a hearing before any disciplinary action was taken,
and that the firm's practice is that all secretaries are entitled to tell attorneys when they
do not appear to be functioning at their best. Martin says that he is filing suit tomorrow.
Refer to Fact Pattern 4-1. Which of the following is true regarding Martin's ability to
win on a claim alleging violation of the due process clause of the U.S. Constitution?
a. Martin will win only if he can establish that the law firm has at least one
governmental client.
b. Martin will win if he can establish that all other secretaries fired within at least the
last year were given a hearing before termination.
c. Martin will win if he can establish that at least one secretary fired within the last year
was given a hearing before termination.
d. Martin will lose because no governmental action was involved.
Answer:
Which of the following is a psychological disorder referenced in the text resulting in a
lack of empathy and the inability to recognize boundaries?
a. Prevalent personality disorder
b. Narcissistic personality disorder
c. Corporate phenomena disorder
d. Trial disorder
Answer:
In CASE 11.2 American Broadcasting Companies, Inc. v. Aereo, Inc. (2014), the U.S.
Supreme Court ruled for American Broadcasting Companies, finding that Aereo had:
a. engaged in direct copyright infringement when it publicly performed ABC's live
broadcasts.
b. engaged in contributory copyright infringementwhen it publicly performed ABC's
live broadcasts.
c. engaged in vicarious copyright infringementwhen it publicly performed ABC's live
broadcasts.
d. violated the first sale doctrine by publicly performing ABC's live broadcasts.
Answer:
Court opinions are published in collections of court opinions called reporters.
a. True
b. False
Answer:
Cumulative voting allows a greater control by the management interests of a
corporation.
a. True
b. False
Answer:
In United States v. McGraw-Hill Companies, Inc. referenced in the text, the U.S.
Supreme Court addressed the question of whether the statements and ratings of
companies made by Standard and Poor's, a unit of McGraw-Hill, were:
a. puffery.
b. forward-looking statements.
c. material.
d. bespeaks caution statements.
Answer:
The Dodd-Frank Wall Street Reform and Consumer Protection Act outlaws corporate
executives from holding stock in companies for which they work.
a. True
b. False
Answer:
Which of the following is NOT one of the three basic types of deeds?
a. A grant deed
b. A specific deed
c. A quitclaim deed
d. A warranty deed
Answer:
In the Harris v. Quinncase discussed in the text, the State of Illinois attempted to
compel __________ chosen by Medicaid to pay their __________ fees to the
bargaining representative representing their union.
a. public sector employees, union
b. union workers, fair share
c. home-care personal assistants, fair share
d. employers, employees' fair share
Answer:
Employees can never be stakeholders of a corporation.
a. True
b. False
Answer:
An arrest is considered a seizure under the Fourth Amendment.
a. True
b. False
Answer:
Title VII prohibits discrimination based on which of the following?
a. Race, color, and religion
b. Race, color, religion, national origin, sex, or age
c. Race, color, religion, and sex
d. Race, color, religion, national origin, or sex
Answer:
The __________ provides for temporary relief to domestic industries seriously injured
by increasing imports, regardless of whether unfair practices are involved.
a. fair trade law
b. import-relief law
c. duty free zone
d. foreign trade zone
Answer:
The FDA requires that manufacturers provide full labeling in __________ for
nonprescription drugs sold in the United States mainland.
a. English only
b. English and Spanish
c. English, Spanish, and Chinese
d. all spoken languages in California
Answer:
When can a securities fraud claim be used as a predicate act in a civil case under the
Racketeer Influenced and Corrupt Organizations Act (RICO)?
a. When the defendant has been arrested in connection with the fraud.
b. When a conspiracy can be proven.
c. When the defendant has been criminally convicted in connection with the fraud.
d. When the defendant has been held liable for other civil damages in connection with
the fraud.
Answer:
CASE 3SEC v. Contorinis(2014) dealt with a question of whether the defendant was
required to disgorge the profits even though he had made the insider trades on behalf of
a third party, and did not realize the profits personally.
a. True
b. False
Answer:
The President has the power to make treaties with the advice and consent of:
a. the House of Representatives.
b. the Senate.
c. both the House of Representatives and the Senate.
d. either the House of Representatives or the Senate.
Answer:
Fact Pattern 10-1
Polly buys a new iron and uses it for a few months without incident. She was surprised,
however, when one day the iron gave her a significant shock. She suffered no lasting
damages, but did have some pain from the incident. A few weeks later she read in the
newspaper that the manufacturer had known for over a year about the iron's propensity
to shock users, but had refused to take recall measures. She also read that some users
had been severely shocked. Polly was outraged but wondered if she could sue because
she really did not have significant injuries.
Refer to Fact Pattern 10-1. Which of the following would be an advantageous type of
action with which Polly should become associated?
a. A unified action
b. A class action
c. A remedial action
d. A compensatory action
Answer:
According to St Thomas Aquinas, an unjust law:
a. could not properly be considered law at all.
b. is defective and morally objectionable.
c. must be obeyed even if it is morally objectionable.
d. must be overturned by a supermajority of the legislature.
Answer:
A single set of facts may give rise to claims under more than one tort.
a. True
b. False
Answer:
Which of the following is NOT one of the factors the law looks at in distinguishing
between employees and independent contractors?
a. The amount of experience of the worker
b. Whether the work is usually performed by a specialist without supervision
c. Whether the worker is paid hourly or by the job
d. The degree of skill the work requires
Answer:
