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Explain in brief the Uniform Computer Information Transactions Act (UCITA).
The legal right a real property owner has to possess, use, and enjoy the property is
known as a(n) ________.
A) future interest
B) estate in land
C) easement right
D) estoppel by deed
In addition to recovering profits made by the offender and damages, a successful
plaintiff in a misappropriation of a trade secret case can also ________.
A) obtain an injunction prohibiting the offender from divulging the trade secret
B) ask for transfer of any of the offender's patents to the plaintiff
C) obtain the offender's trademarks or brand name as payoff
D) ask to acquire the offender's trade secrets as payoff
The ________ is a registration exemption which states that securities transactions not
made by an issuer, an underwriter, or a dealer do not have to be registered with the
Securities and Exchange Commission (SEC).
A) intrastate offering exemption
B) private placement exemption
C) Regulation A offering
D) nonissuer exemption
The rights to the earth located beneath the surface of the land are referred to as
________ rights.
A) chattel
B) air
C) mineral
D) joint
A complainant may file his or her employment discrimination claim with the ________
instead of the EEOC.
A) ADA
B) ADEA
C) FEPA
D) BFOQ
Mary was getting a ride home in John's new car. On the way, a malfunctioning brake
caused an accident and both Mary and John were injured. Which of the following
statements is true of this situation?
A) Mary can recover in a strict liability lawsuit against the manufacturer of John's car.
B) Mary can file a strict liability lawsuit against John.
C) Mary can file a negligence lawsuit against the dealership that sold John his car.
D) John can file a negligence lawsuit against the dealership from which he bought the
car.
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realizes that money is being withdrawn from his account without his consent.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, what illegal activity did the financial accountant of the
charity partake in?
A) larceny
B) bribery
C) extortion
D) embezzlement
Which of the following is true of an employer-employee relationship?
A) An employee has implied power of attorney toward the principal.
B) An employee has authority to act on behalf of the principal.
C) An employee can enter into contracts on behalf of the employer.
D) An employee is hired to perform a task or service.
In which of the following cases can the alter ego doctrine be invoked in a corporate
civil case?
A) when shareholders bring a lawsuit on behalf of the corporation after the corporation
failed to do so itself
B) when unpaid creditors are trying to collect from shareholders a debt owed by the
corporation
C) when there is mismanagement of corporate stocks by the board of directors
D) when shareholders are trying to collect for fraud committed by a third party
Which of the following statements is true of the Treaty Clause?
A) It provides that the president can make treaties autonomously.
B) It provides that the president can enter into treaties with two-thirds senate approval.
C) It provides that the states have exclusive power to regulate internal and foreign
affairs.
D) It provides that the federal government has supremacy over the state in matters of
international trade.
Jason Smith, a Hispanic scriptwriter from Brazil, worked for a television show on an
American cable network. He was fired after the producer learned that Smith was a
Scientologist by faith. The producer's official reason for this termination was that as
Smith was based in Brazil, communication was a problem. This is an example of
________ discrimination that violates Title VII of the Civil Rights Act of 1964.
A) racial
B) religious
C) national origin
D) disparate-impact
A verification of a company's books and records pursuant to federal securities laws,
state laws, and stock exchange rules that must be performed by an independent CPA is
known as a(n) ________.
A) probate
B) ademption
C) audit
D) deposition
The two tests the U.S. Supreme Court has developed for determining the lawfulness of
a restraint are the rule of reason and the ________.
A) Noerr doctrine
B) per se rule
C) nolo contendere rule
D) Colgate doctrine
Which of the following is true of the Insecticide, Fungicide, and Rodenticide Act?
A) It only allows pesticides manufactured by the U.S. government to be sold.
B) It requires all pesticides to be registered with the EPA.
C) It cannot suspend the registration of an already registered pesticide.
D) It allows unregistered pesticides to be sold only with close monitoring by the EPA.
A closely guarded formula for a recipe protected by a soft drink manufacturer is a
________.
A) trade secret
B) copyright
C) patent
D) trademark
The Age Discrimination in Employment Act (ADEA) is a federal statute that prohibits
age discrimination practices against employees who are 40 years and older.
What is a homestead exemption?
A) an investment in realty that a debtor must forfeit
B) equity in a home that a debtor is permitted to retain
C) a remainder of the debtor's interest in commercial property that is returned to him
after fulfilling creditors' claims
D) all of the debtor's assets converted to cash
The ________ has special appellate jurisdiction to review the decisions of the Court of
Federal Claims, the Patent and Trademark Office, and the Court of International Trade.
A) U.S. District Court
B) Court of Appeals for the Federal Circuit
C) First Circuit Court
D) District of Columbia Circuit
A defendant who believes that he or she has been injured by the plaintiff can file
a(n)________ against the plaintiff.
A) injunction
B) cross-complaint
C) rejoinder
D) rebuttal
Which of the following statements is true of exemptions from minimum wage and
overtime pay requirements?
A) Apprentices must be paid minimum wage.
B) Learned professionals need not be paid minimum wage.
C) Workers involved in hazardous activities need not be paid minimum wage.
D) Employees in law enforcement and medical sectors need not be paid minimum
wage.
When is a mark said to have acquired a secondary meaning?
A) when a mark that resembles a mark already registered with the U.S. Patent and
Trademark Office is used for a new product or service
B) when ordinary words establish a new meaning due to its attachment to a product or
service
C) when a distinctive mark or design is created for a new product or service
D) when descriptive words are used that have no direct relevance to a product or service
Which of the following actions is prohibited under the Clean Water Act?
A) the inhabitation of inland areas in the vicinity of wetlands and marshes
B) the chemical treatment of wastes to reduce toxicity before discharge into wetlands
C) the construction of residences by filling qualified wetlands
D) the creation of artificial lakes and waterways for recreation
A member's ownership interest in an LLC is called a ________.
A) certificate of interest
B) distributional interest
C) collateral interest
D) creditor's interest
A(n) ________ is a fiduciary relationship which results from the manifestation of
consent by one person to another that the other shall act on his behalf and subject to his
control, and consent by the other so to act.
A) assignment
B) garnishment
C) accommodation
D) agency
A ________ refers to a contract that transfers limited rights in intellectual property and
information rights.
A) contract
B) tender
C) license
D) domain name
The first ten amendments to the U.S. Constitution are collectively known as the
________.
A) Due Process Clause
B) Privileges Clause
C) Bill of Rights
D) Articles of Confederation
A(n) ________ is a contractual provision that relieves one or both of the parties to a
contract from tort liability.
A) contract of adhesion
B) exculpatory clause
C) duty of restitution
D) fundamental breach
Which of the following is considered an intentional tort?
A) negligence
B) innocent misrepresentation
C) fraud
D) dual-purpose mission
Advertising is categorized as ________ speech.
A) fully protected
B) limited protected
C) uncensored
D) unprotected
________ refers to a contract provision that designates a certain court to hear any
dispute concerning nonperformance of the contract.
A) No-contest clause
B) Choice of law clause
C) Forum-selection clause
D) Arbitration clause
________ is a crime in which one person gives another person money, property, favors,
or anything else of value for a favor in return.
A) Bribery
B) Battery
C) Embezzlement
D) Larceny
A(n) ________ is submitted along with the registration statement to the Securities and
Exchange Commission (SEC), and is also used as a selling tool to help prospective
investors evaluate the financial risk of an investment.
A) organization document
B) certificate of interest
C) prospectus
D) operation agreement
________ was intended to eliminate job discrimination based on race, color, national
origin, sex, and religion.
A) The Lilly Ledbetter Fair Pay Act
B) The Fair Employment Practices Act
C) Title II of the GINA
D) Title VII of the Civil Rights Act of 1964
The Supreme Court case decision on the case of Brown v. Board of Education was
important because it exhibited ________.
A) the use of the affirmative action policy
B) the scope of flexibility of the law
C) the state's supremacy over federal rulings
D) the importance of following precedence
Many international contracts contain a(n) ________ clause that designates which
nation's court has jurisdiction to hear a case arising out of a dispute.
The moral theory that dictates that people should choose the action or follow the rule
that provides the greatest good to society is referred to as ________.
Self-employed individuals are required to pay Social Security contributions under the
________ Act.
A(n) ________ is a compact made between two or more nations and becomes part of
the supreme law of the land.
The ________ Amendment to the U.S. Constitution protects criminal defendants from
cruel and unusual punishment.
A(n) ________ refers to an alteration or a modification of a product by a party in the
chain of distribution that absolves all prior sellers from strict liability.
Explain the concept of reasonable accommodation of physically challenged employees.
When is an employer not obligated to provide such accommodation?
The ________ theory of social responsibility requires corporations to solve social
problems, including ones it did little, if anything, to cause.
________ is defined as something of legal value given in exchange for a promise.
Chapter 7 of the Bankruptcy Code deals with the ________ form of bankruptcy.
Why is it unconstitutional for a state government to ban products imported from a
foreign country, even if the country engages in activities that are not condoned by that
state?
A(n) ________ is a document that sets forth the rights and duties of general and limited
partners.
A(n) ________ is created when a landlord and a tenant agree on a specific duration for
the lease.
A corporation that is incorporated in another country is known as a(n) ________
corporation.
A civil action lawsuit in which the original defendant sues the original plaintiff for
damages is known as ________.
The ________ exemption is an exemption that applies to employees who will be paid
by the client or customer, whose primary duty is making sales or obtaining orders or
contracts for services, and who are customarily and regularly engaged away from the
employer's place of business.
The ________, enacted in 1962, gives the FDA power to withdraw approval of any
previously licensed drug.
Congress enacted the federal ________, which makes it a federal crime to steal
another's trade secrets.
