Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
The courts will inquire into an agency's wisdom or effectiveness once the courts decide
that an act of legislature is constitutional.
Answer:
In the context of the Magnuson-Moss Warranty Act, under full warranties, a warrantor
does not have to replace a defective product, if a buyer of the product does not pay
shipping costs.
Answer:
Contract law enables private agreements to be legally enforceable.
Answer:
The property interest is divided equally in both joint tenancy and tenancy in common.
Answer:
It is not possible to change an existing corporate structure to a benefit corporation in
any state.
Answer:
For ethical corporate values to make their most significant effect on decision making,
corporate employees must be willing to talk with each other about ethical issues.
Answer:
To analyze potential violations of the Sherman Act, the test of reasonableness asks
whether challenged contracts or acts are unreasonably restrictive of competitive
conditions.
Answer:
Zoning limits the use to which land can be put.
Answer:
In civil law, the doctrine of res judicata bars subsequent civil actions involving the
same parties, claims, demands, or causes of action.
Answer:
The protection against compulsory self-incrimination applies to corporations, including
professional corporations and partnerships.
Answer:
A dispute arises when one party makes a claim that another party denies.
Answer:
In the context of union certification elections, votes to certify a union or to rescind a
union's authority can take place by petition.
Answer:
The Fair Credit Reporting Act eliminates the need for a potential employer to inform a
job applicant that an investigative report is being obtained on him or her.
Answer:
To qualify as a trade secret, any form of knowledge protected must have economic
value.
Answer:
Mike repaired Rosie's car, and Rosie refused to pay the bill. Mike was still in
possession of the car and therefore could claim a mechanic's lien on the car.
Answer:
If a partnership is called "Golden Consultants," then the partners would need to comply
with any applicable assumed-name statute.
Answer:
State environmental impact statements have been more successful than their federal
counterparts in evaluating complex environmental factors.
Answer:
The issues submitted to arbitration in any state cannot include questions of law.
Answer:
When a business is publicly held by a large number of owners, the form of organization
usually is a corporation.
Answer:
In its application for proximate causation, foreseeability has come to mean that the
plaintiff must have been one whom a defendant could reasonably expect to be injured
by a negligent act.
Answer:
The Worker Adjustment and Retraining Notification (WARN) Act requires that
employers give employees prior notice of plant closings or mass layoffs.
Answer:
Faiza hired Bril Builders Inc. to construct her house. They signed a contract that stated
Bril Builders would complete the work in 10 months, and Faiza would pay them in full.
If Bril Builders completes the work but misses the date, Faiza has the right to deny the
company any payment.
Answer:
A sole proprietor has limited liability for the obligations of a proprietorship.
Answer:
Under the minimum rationality approach, a classification must be wholly arbitrary.
Answer:
A unilateral contract is an agreement containing mutual promises.
Answer:
Causing an employer to pay for work not being performed is called featherbedding.
Answer:
The federal government recognizes that states have no sovereignty.
Answer:
It is important to a successful assumption-of-the-risk defense that the assumption was
voluntary.
Answer:
The U.S. Supreme Court substantially limited the Patient Protection and Affordable
Care Act's expansion of Medicaid.
Answer:
The Electronic Communications Privacy Act and Stored Communications Act protect
all personally identifiable information.
Answer:
Federal administrative agencies are required to work with the Small Business
Administration's Office of Advocacy as it attempts to lessen the burdens of regulation
on small businesses.
Answer:
The jury's perspective on facts is used in preference to the professional, or perhaps
biased, response of a judge.
Answer:
The doctrine of primary jurisdiction is invoked when referral to an agency is preferable
because of its specialized knowledge or expertise in dealing with the matter in
controversy.
Answer:
If an activity is deemed as illegal per se, proof of the activity is proof of a violation and
proof that it is in restraint of trade.
Answer:
Which of the following is considered to be a genetic test under the Genetic Information
Nondiscrimination Act?
A. a complete blood count
B. a cholesterol test
C. a liver-function test
D. a test for colon cancer
E. a test for HIV
Answer:
In the context of utility patents, which of the following terms refers to the details about
the subject matter that an inventor regards as the invention?
A. claims
B. novation
C. preemption
D. distinctiveness
E. collective marks
Answer:
If an employer already provides compensated breaks, an employee who uses that break
time to express milk
A. is legally entitled to be compensated but at a rate lower than the other employees.
B. is legally to be compensated using the compensation funds of the other employees.
C. is legally entitled to stretch the duration of the break time.
D. is legally required to take a pay cut.
E. is legally entitled to be compensated in the same way as other employees.
Answer:
Josh announces a reward of $500 for his dog, Ginger, that ran away from his house.
Josh spreads the word only by pinning up posters in his neighborhood. Amanda, Josh's
colleague, sees Ginger and brings her back to Josh without ever seeing the poster. After
returning the dog, Amanda sees one of the reward posters and returns to claim the
money. In the context of this scenario, which of the following statements is true?
A. Amanda is not entitled to the money because the offer was not communicated to her.
B. Amanda is not entitled to the money because she is Josh's colleague and acted in
good faith.
C. Amanda is entitled to the money because the poster constituted an offer and is
effective for the entire neighborhood.
D. Amanda is entitled to the money since performance of the requested act in the poster
indicates acceptance.
E. Amanda is not entitled to the money since she did not communicate the acceptance
of the offer in writing.
Answer:
Which of the following statements is true of commercial speech?
A. Commercial speech is currently not protected by the First Amendment.
B. Commercial speech has been protected by the First Amendment since the inception
of the Bill of Rights.
C. The public interests served by freedom of expression protect the speaker but not the
listener.
D. Freedom of speech for corporations may not be as extensive as the right of an
individual.
E. Freedom of speech for corporations cannot be limited by the government under any
circumstance.
Answer:
Which of the following statements is true of freedom of the press?
A. It is an absolute constitutional guarantee.
B. It refers to the right of the press to print anything it wants with liability.
C. Its preservation cannot be sought through constitutional protections.
D. It excludes communication and expression through electronic media.
E. It is usually construed to prohibit prior restraints on publications.
Answer:
The ______ provision of the Fair Credit Reporting Act requires that consumers who are
seeking credit for personal, family, or household purposes be informed if their
application is denied because of an adverse credit report.
A. server
B. subscriber
C. access
D. content
E. user
Answer:
Which of the following statements is true of a consent order?
A. It is extremely expensive in comparison to other types of orders.
B. It is commonly known as a commission order.
C. It excludes organizations and nonprofit organizations in its scope.
D. It orders that a violator stop the objectionable activity and refrain from any further
similar violations.
E. It requires that the accused individual admit to the jurisdiction of an agency and
waive all rights to seek a judicial review.
Answer:
Employers have the right to retaliate against anyone assisting in the enforcement of the
Uniformed Services Employment and Reemployment Rights Act (USERRA) rights,
provided that person has no service connection.
Answer:
High carbon dioxide levels which lead to warmer global temperatures create the
A. butterfly effect.
B. greenhouse effect.
C. polar effect.
D. Bohr effect.
E. boomerang effect.
Answer:
If an employer discovers that it has a job category where one might expect to find more
women and minorities employed than are actually in its workforce, the employer has a
reasonable basis for ______.
A. quid pro quo
B. affirmative action
C. redlining
D. retaliation
E. a hostile work environment
Answer:
Robert is about to graduate from his university. His parents tell him that as he is the first
member of the family to graduate college, they want to buy him a new but inexpensive
car. They have the money to buy the car, and Robert is excited to receive his gift. On
graduation day, his parents tell him that they have decided to use the car money for a
vacation and that there will be no car. In this situation, can Robert sue his parents?
A. Robert can successfully sue based on promissory estoppel.
B. Robert can successfully sue based on the promise of a gift.
C. Robert cannot sue because the promise was not reasonable and did not follow the
mailbox rule.
D. Robert cannot sue because he did not suffer any legal detriment in the receipt of the
promise.
E. Robert can sue since the promise is his legal benefit, and it is an implied-in-fact
contract.
Answer:
Which of the following statements is true of the Private Securities Litigation Reform
Act (PSLRA)?
A. It was enacted by the Congress to eliminate the fraud-on-the-market presumption.
B. It is used by the Congress to limit the amount of damages private plaintiffs can
recover and restrict attorney fees.
C. It usually fails to give provisions for requirements for the appointment of lead
plaintiffs in securities class-action cases.
D. It requires that private plaintiffs who suffered injury could maintain private causes of
action against third parties not directly responsible for a securities law violation.
E. It mandated that the Federal Trade Commission could pursue claims against third
parties that are indirectly responsible for a securities law violation.
Answer:
According to Roger Fisher, William Ury, and Bruce Patton, _____ is an element of
principled, interest-based negotiations that involves the application of accepted
standards to the topic negotiatedrather than having the disputing parties state
unsupported propositions.
A. accommodation
B. collaboration
C. avoidance
D. competition
E. legitimacy
Answer:
The only defense an employer has to the strict liability of respondeat superior is that
the employee was outside the scope of employment. This defense is made using the
language of frolic and detour by an employer when an agent
A. acts outside the scope of employment.
B. represents the employer in a third-party transaction.
C. behaves as prescribed by the employer.
D. receives no prior warning about tortious acts.
E. advances the interests of the employer.
Answer:
The Fifth Amendment provides in part that no "person [shall] be subject for the same
offense to be twice put in jeopardy of life or limb." This is known as the ______.
A. exculpatory clause
B. double jeopardy clause
C. defendant protection clause
D. specific crime clause
E. double trial clause
Answer:
Sheila contracted her friend Susan to paint her house for $3,000. Sheila did this as a
favor to Susan as Susan was unemployed. Before she could finish the job, however,
Susan got a job at a marketing company, which meant that she could not complete her
contract. As Susan is her friend, Sheila decided not to enforce the contract, and she let
Susan keep the $1,000. This scenario is an example of a(n) ______.
A. arbitration
B. waiver
C. condition precedent
D. unjust enrichment
E. delegation of duties
Answer:
A corporate charter is issued following an application made by individuals known as
______.
A. incorporators
B. arbitrators
C. mediators
D. officers
E. directors
Answer:
Which of the following statements is true of the Worker Adjustment and Retraining
Notification (WARN) Act?
A. It requires employers to give notice of plant closings and mass layoffs.
B. It requires employers to give prior notice to an "at-will" employee that he or she is
being fired.
C. It requires employers to give notice to employees that a drug test will be conducted
for all employees.
D. It requires employers to give notice to employees that they will be subjected to
polygraph tests.
E. It requires employers to give notice to employees that they are being subpoenaed by
a court of law.
Answer:
Which of the following acts establishes procedures that banks and other financial
institutions must follow when consumers dispute amounts billed by a bank?
A. the Electronic Fund Transfer Act
B. the Fair Credit Reporting Act
C. the Magnuson-Moss Warranty Act
D. the Federal Trade Commission Act
E. the Equal Credit Opportunity Act
Answer:
Which of the following is true about making arrests in "exigent circumstances"?
A. Police officers are required to consult lawyers and district attorneys about the
criminal case.
B. Police officers are to required halt any further operations of investigation and hand
over the investigation to higher authorities.
C. Police officers are required to withdraw from making any further arrests in a
criminal case.
D. Police officers are allowed to conduct a search without any search warrants.
E. Police officers are not permitted to conduct any search of the premises of persons
who are innocent of criminal conduct.
Answer:
Which of the following statements is true of an agency relationship?
A. In an agency relationship, usually any or all agents are employees.
B. Principals directly control independent contractors.
C. Independent contractors usually work for more than one principal.
D. Agents are usually exempt from the duty to account to a principal for monies
handled.
E. Agents are bound to benefit themselves at the expense of a principal.
Answer:
Anita contracts ValleyHeat Landscaping Corp. to landscape her hotel. Midway through
the project, ValleyHeat informs Anita that due to internal issues the company is shutting
down. To avoid this from delaying the opening of her hotel and causing her loss in hotel
revenue, she contracts another landscaping company to finish the project on time. This
scenario is an example of ______.
A. mitigation
B. release of performance
C. liquidation
D. restitution
E. mediation
Answer:
Which of the following statements is true of federalism?
A. Federalism allows state government to limit the federal government's exercise of
powers.
B. Federalism is typically a smooth process and is rarely discussed in a court of law.
C. Federalism recognizes that all levels of government have interrelated roles.
D. The federal government can impair the ability of the state government to function in
the federal system.
E. The federal government recognizes that it was created by the states.
Answer:
Dan is a supporter of the formalist view. Which of the following is most likely to be his
belief about lying?
A. He is likely to support a lie that is told for personal gain.
B. He is likely to condemn all forms of lying.
C. He is likely to support a lie that is told for the common good.
D. He is likely to disapprove of lying only in instances that hurt people.
E. He is likely to support a lie that is harmless.
Answer:
The meaning and application of the equal protection clause have been central issues in
cases involving ______.
A. the right to possess guns
B. freedom of the press
C. the freedom of expression
D. the prohibition of following any establishment of religion
E. voting requirements
Answer:
Stephanie has written a book, Mirari, and was talking to some interested parties from
Hollywood about making a movie based on it. However, she turned down an offer due
to differences of opinion. A year later, Mirari was made into a movie but it did not
acknowledge the author. This scenario best reflects a violation of _____.
A. property law
B. administrative law
C. constitutional law
D. criminal law
E. contract law
Answer:
Which of the following statements is true of a local union?
A. It can be sued for failing to enforce the international union's constitution and bylaws.
B. It can disregard national bylaws if the local membership has voted to do so.
C. It is bound by international bylaws only if they are unanimously approved by its
members.
D. It cannot be sued by anyone except the national union of which it is a part.
E. It can sue a member of the union for not bargaining individually when represented by
the union.
Answer:
Radford School is certified by the United Federation of Planets Academy of Business
and Managements Schools. The icon of the school used on its website has the words
"Member of UFPABMS." This icon is a ______.
A. service mark
B. brand mark
C. trademark
D. promotion mark
E. collective mark
Answer:
The World Intellectual Property Organizations Arbitration and Mediation Center hears
cases involving
A. international patent and copyright.
B. sovereign immunity.
C. international trademark and trade secret.
D. domain name and cybersquatting.
E. copyright and patent violation.
Answer:
If a court has original jurisdiction over some claims in a class-action suit, which of the
following jurisdictions is the court most likely to exercise over additional claims that
are part of the same case including those that do not independently satisfy the
amount-in controversy requirement?
A. Supplemental jurisdiction
B. Personal jurisdiction
C. Diversity jurisdiction
D. Subject matter jurisdiction
E. Federal question jurisdiction
Answer:
What was the purpose of the Private Securities Litigation Reform Act of 1995? What
are some of the provisions of the Act?
Answer:
Briefly describe the two clauses included in the concept of freedom of religion.
Answer:
Briefly explain sole proprietorship in terms of its continuity.
Answer:
Briefly describe the burden of proof for criminal cases.
Answer:
What are the advantages of the corporate form of organization?
Answer:
Smith Inc. is a smelting plant. Sarah's house is located near the plant. She claims that
the fumes from the plant are damaging her rose plants. Under tort law, which action can
be brought against Smith Inc.?
Answer:
What is the result of the passing of the Patient Protection and Affordable Care Act?
Answer:
What is secondary meaning?
Answer:
Which type of debts is nondischargeable in bankruptcy?
Answer:
How does the law define misappropriation in case of trade secret violation?
Answer:
When is a third-party defendant necessary in a trial, and what purpose does this type of
party serve?
Answer:
Why should businesses promote openness in communication?
Answer:
Is it practical to live by the categorical imperative in a corporate world? What problems
could arise by applying this philosophy in a business perspective?
Answer:
What are the criminal penalties incorporated by the Congress for violating the
Securities Exchange Act of 1934?
Answer:
What are the two related ways in which the Federal Trade Commission (FTC)
prosecutes businesses for committing unfair or deceptive trade practices?
Answer:
Union carpenters refused to work for a brewing company. They also refused to be
involved in the construction work that was carried out in the company and for its
adjoining tenant. They attempted to persuade members of other unions similarly to
refuse to work, and picketed the brewer's premises, displaying signs that read "Unfair to
Organized Labor." In this case, are the actions of the employees protected from federal
prosecution?
Answer:
What are the three criteria necessary for copyright protection to occur?
Answer:
