Sex-plus discrimination occurs when an employer does not discriminate against a class
as a whole but treats a subset of the class differently.
An employee who earns tips must be paid minimum wage by the employer, excluding
the income from tips.
A fee simple owner has the right to exclusively possess and use his or her property to
the extent that the owner has not transferred any interest in the property.
Intentional misrepresentation is considered fraud.
Article 9 of the Uniform Commercial Code (UCC) governs secured transactions in
personal property.
The Law and Economics School of jurisprudential thought believes that promoting
market efficiency should be the central concern of legal decision making.
A criminal conspiracy occurs when two or more persons enter into an agreement to
commit a crime.
The president of a corporation is an example of a corporate officer.
The ACPA is federal statute that permits trademark owners and famous persons to
recover domain names that use their names where the domain name has been registered
by another person or business in bad faith.
The social contract theory is derived from Rawls’s social justice theory.
A member or a shareholder is the owner of an LLC.
A director or an officer who breaches the duty of care is personally liable to the
corporation and its shareholders for any damages caused by the breach.
The property in which a security interest is taken is called collateral.
Workers’ compensation acts bar injured workers from suing responsible third parties to
recover damages.
Title I forbids an employer from asking a job applicant about the existence, nature, and
severity of a disability.
A contract need not arise from a bargained-for exchange.
If a defendant makes an untrue statement of factabout the plaintiff and the statement
was intentionally or accidentally published to a third party, the defendant is held liable
for misappropriation of the right to publicity.
Counteroffers are not effective against electronic agents.
Distinctive marks are ordinary words or symbols that have an established meaning but
have acquired a secondary meaning attached to a product or service.
In a lease contract, the title of goods is passed from the lessor to the lessee.
If the modification of a lease contract increases the lease payment to $1,000 or more,
the modification has to be in writing to be enforceable.
The antitrust laws were enacted to promote anticompetitive behavior in commerce and
industry.
Undisclosed self-dealing by an agent is not regarded as a violation of the duty of
loyalty.
ISPs are not liable for the content transmitted over their networks by e-mail users and
websites.
A remainder is an example of a future interest.
The EPA requires special labeling of toxic substances.
The canons of Christian faiths provide rules for believers to follow in living their lives
and professing their faith.
The violation of a statute that proximately causes an injury is termed as negligence per
se.
The principal is liable for all torts of independent contractors.
A unilateral contract can be accepted without the performance of an act by the offeree.
Criminal fraud is the crime of obtaining title to property through deception or trickery.
Under a closed shopagreement, an employer agrees to hire only employees who are
already members of a union.
A defendant can answer a complaint and file a cross-complaint at the same time.
The setting of minimum resale prices is a rule of reason violation of Section 1 of the
Sherman Act.
Battery committed by an agent on the principal’s premises and during the scope of
employment is considered an unintentional tort.
Parties with whom the agent has dealt directly must be given direct notice of
termination of the agency.
Provision of services qualifies as consideration for an enforceable contract.
The Labor Management Reporting and Disclosure Act, enacted in 1950, gives
employers the right to engage in free speech efforts against unions prior to a union
election.
A trademark is issued if the registrant proves he has used the mark in commerce.
SEC Rule 506 is known as the ________ exemption.
A) nonissuer
B) intrastate offering
C) private placement
D) interstate offering
A clause in a contract in which the parties specify certain events that will excuse
nonperformance is known as a(n) ________.
A) approval clause
B) express condition
C) force majeure clause
D) implied-in-fact condition
Jeremy crashes his friend John’s car because he is an incompetent driver. Emily, John’s
sister, is outraged and wants John to sue his friend. John refuses to file a case against his
long-time friend. Which of the following can Emily do in this scenario?
A) She can sue Jeremy on John’s behalf, as she has standing to sue.
B) She can sue Jeremy, provided that John gives his consent.
C) She can file a case in the state court where she will have standing to sue.
D) She cannot sue Jeremy, as she has no stake in the outcome of the case.
The ________ is a model act passed in 1949 that includes comprehensive laws that
cover most aspects of commercial transactions.
A) Gramm-Leach Bliley Act
B) Sarbanes-Oxley Act
C) Uniform Sales Act
D) Uniform Commercial Code
A ________ is an interest a creditor automatically obtains when he or she extends credit
to a consumer to purchase consumer goods.
A) purchase money security interest
B) cumulative security interest
C) future advance monetary interest
D) default interest
The ________ states that if a written contract is a complete and final statement of the
parties’ agreement, any prior or contemporaneous oral or written statements that alter,
contradict, or are in addition to the terms of the written contract are inadmissible in
court regarding a dispute over the contract.
A) main purpose exception
B) leading object exception
C) parol evidence rule
D) equal dignity rule
In terms of a contract’s enforcement, which of the following is true?
A) A contract is only considered valid if it is enforceable by both parties.
B) Parties may voluntarily perform a contract that is unenforceable.
C) An unenforceable contract allows at least one party the optionto void his or her
contract obligations.
D) Void contracts are enforceable in cases involving mutual mistake.
________ is a federal statute that permits the Securities and Exchange Commission
(SEC) to obtain a civil penalty of up to three times the illegal benefits received from
insider trading.
A) The Securities Act of 1933
B) The Securities Exchange Act of 1934
C) The Insider Trading Sanctions Act
D) SEC Rule 506
In which of the following contracts is the term “no-arrival, no-sale” found?
A) a shipment contract
B) a destination contract
C) a contract to sell real estate
D) a consignment contract
The ________ requires food manufacturers and processors to disclose uniform
information about the serving sizes and nutrients contained in the food, and establishes
standard definitions for terms like “low fat,” “lean,” and “organic,” which are
indiscriminately used by food processors.
A) Consumer Product Safety Act
B) Nutrition Labeling and Education Act
C) Patient Protection and Affordable Care Act
D) Health Care Reform Act
A collection of criminal statutes is referred to as a ________.
A) bill
B) constitution
C) penal code
D) charter
Overtime pay is ________ times that of the regular pay of an employee.
A) two
B) three
C) two and a half
D) one and a half
In order to prove fraud, which of these elements must be shown?
A) The innocent party knew the wrongdoer.
B) The innocent party detected the misrepresentation prior to the contract’s formation.
C) The wrongdoer assumed a false identity.
D) The innocent party justifiably relied on the wrongdoer’s misrepresentation.
________ is a type of trademark dilution where a famous mark is linked to products of
inferior quality or is portrayed in an unflattering, immoral, or reprehensible context
likely to evoke negative beliefs about the mark’s owner.
A) Tarnishment
B) Blurring
C) Astroturfing
D) Trolling
Which of the following crimes is an example of a white-collar crime?
A) battery
B) larceny
C) arson
D) forgery
Which of the following is considered a major physiological impairment by the
ADAAA?
A) undergoing mental stress
B) a history of surgery
C) nursing a temporary but contagious ailment
D) having cancer
________ is a situation in which a person who wrongfully possesses someone else’s real
property obtains title to that property if certain statutory requirements are met.
A) Adverse possession
B) Equitable servitude
C) A non-possessory interest
D) A future interest
Cliff Thomas, a cardiologist, emigrates from the United Kingdom to the United States.
Under which of the following visa categories can his wife live in the United States as
Dr. Thomas’ dependent?
A) H1
B) H4
C) H-1C
D) H-1B
Limonelle Corporation owns the secret formula for a popular beverage brand,
Limonelle. The corporation operates through franchises in over 50 countries. It uses a
secret formula to prepare the drink concentrate that is dispatched to the franchises world
over. These franchises then prepare and bottle the beverage for distribution. Which type
of franchise has Limonelle adopted?
A) chain-style franchise
B) processing plant franchise
C) distributorship franchise
D) area franchise
________ is a situation in which a partner withdraws from a partnership without having
the right to do so at that time.
A) Winding up
B) Indemnification
C) Wrongful dissolution
D) Proliferation
Which of the following statements is true of battery?
A) Battery refers to intentional infliction of emotional distress.
B) Assault and battery often occur together.
C) Actual physical contact is not necessary for a tort to be battery.
D) Indirect physical contact between the victim and the perpetrator is not battery.
Which of the following does the Money Laundering Control Act prohibit?
A) the use of mails or wires to defraud another person
B) knowingly engaging in a financial transaction involving the proceeds of an unlawful
activity
C) obtaining property from another, with his or her consent, induced by wrongful use of
actual or threatened force
D) the fraudulent conversion of property by a person to whom that property was
entrusted
The ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors,
and subcomponent manufacturers involved in a transaction.
A) demand chain
B) chain of command
C) chain of distribution
D) value chain
A corporation in the United States that has been incorporated in another country is
referred to as a(n) ________ corporation.
A) foreign
B) domestic
C) onshore
D) alien
In which of the following cases do federal and state courts have concurrent jurisdiction?
A) bankruptcy cases
B) diversity of citizenship cases
C) antitrust cases
D) patent cases
Frank Carpenter, who runs a charity organization, has been faking his father’s signature
on his father’s personal checks and writing them in favor of the charity as donations. He
gets hold of the checks from his father’s personal assistant, Rhonda Mason, who is also
Frank’s friend and the charity’s trustee. After faking the signature, Frank gives the
checks to Rhonda to deposit in the bank. But unbeknownst to Frank, Rhonda routes
some of the check money into her own savings account. Frank’s father, Dawson,
realizes that money is being withdrawn from his account without his consent. He
suspects his estranged son, Frank, and in order to find out if Frank is involved, Dawson
secretly offers money to the financial accountant of the charity to divulge the charity
organization’s financial dealings. The accountant accepts the money and gives access to
the account books. After scrutinizing the financial records, Dawson realizes that Frank
has been swindling him of his money, and the charity itself was being swindled by
somebody from within. With this information, Dawson proceeds to file a suit against his
son. In the above scenario, which of the following crimes has Rhonda Mason
committed?
A) forgery
B) bribery
C) embezzlement
D) extortion
Which of the following statements is true of states’ police power?
A) Police power restricts states from regulating interstate commerce although it
happens within their borders.
B) The states are allowed to regulate army activities within their borders.
C) The states are given the authority to enact laws that regulate the conduct of business
within their borders.
D) The police force of a state is controlled by the federal police department.
How is legal precedent used between courts of different states?
A) Courts of a state cannot cite the judicial decisions of courts of another state in its
decisions.
B) Courts of a state must follow precedent from courts of another state for similar
cases.
C) Courts of a state can use precedent from courts of another state as a form of
guidance.
D) Courts of a state cannot challenge the precedence of courts of another state.
Which of the following defines a form of future interest in real property known as a
remainder?
A) It is a right of possession that returns to the grantor after the expiration of a limited
or contingent estate.
B) It is a right of possession that returns to a third party on the expiration of a limited or
contingent estate.
C) It is a form of concurrent possession of a multiple-dwelling building in which a
corporation owns the building, and the residents own shares in the corporation.
D) It is a form of concurrent possession that includes the right of survivorship.
Ecuador, Algeria, and the United Arab Emirates are members of the ________.
A) North American Free Trade Agreement (NAFTA)
B) Dominican Republic-Central America Free Trade Agreement (DR-CAFTA)
C) Association of Southeast Asian Nations (ASEAN)
D) Organization of the Petroleum Exporting Countries (OPEC)
Explain the role of penal codes and regulatory statutes in criminal law.
________ refers to the law that governments enact to regulate industries, businesses,
and professionals.
Give an account of termination of an offer due to a lapse of time.
The ________ branch of the government has the power to enact laws.
The ________ Schoolof jurisprudence maintains that the law is shaped by logic.
________ crimes are prone to being committed by businesspersons, and usually involve
cunning and deceit rather than physical force.
A(n) ________ is a situation in which an agent does something during the course of his
or her employment to further his or her own interests rather than the principal’s.
________ refers to a situation in which a party threatens to do a wrongful act unless
another party enters into a contract.
The two elements that are required to be found guilty of an intent crime are ________
and ________.
The ________ is a federal statute that places certain restrictions on persons and
businesses that send unsolicited commercial advertising to e-mail accounts, prohibits
falsified headers, prohibits deceptive subject lines, and requires spammers to label
sexually oriented e-mail as such.
What is a general warranty deed?
A(n) ________ is a partnership created with no fixed duration.
Joan reads e-mails from Harold’s personal e-mail folder. Which statute has Joan
violated and why? Under what circumstances is she permitted to read Harold’s e-mail?
The Securities Act of 1933 provides a(n) ________ exemption that permits local
businesses to obtain from local investors capital to be used in the local economy
without the need to register with the Securities and Exchange Commission (SEC).
What is an implied agency?
The ________ Act is a model act that codifies general partnership law.
What are the possible problems that can come up in a unilateral contract?
Give an account of publicly held and closely held corporations.
If employees no longer want to be represented by a union, a(n) ________ election is
held.