A service mark differs from a trademark only in that it identifies services rather than
goods.
Embezzlement is a breach of trust done for private gain by an employee or agent of the
corporation.
The legislative branch of government is composed of Congress and the Senate.
In the case of binding agreement, the awards should be consistent with the concept of
stare decisis.
The theory of natural law is based on the premise that law derives its status as law from
the fact that it has been enacted by the sovereign with the power to enforce his or her
wishes.
At the time of public offering, securities that are filed under “Registration D” are
usually sold to a select group of individuals, called accredited investors.
Because local, state, and federal efforts with respect to the environment can be
undermined by pollutants from other nations, the U.S. Environmental Protection
Agency’s Green Building Council has entered into many agreements with the
governments of other nations.
A creditor with a perfected security interest has greater rights in the collateral than a
creditor with an unperfected security interest.
In the case of bid rigging the bidders agree ahead of time who will win the award.
Vertical boycott agreements occur when a seller agrees with some of its customers that
it will not sell to another.
A limited liability company exists as a legal entity separate from its owners.
Conciliation simply involves the parties talking to each other about their dispute, either
orally or in writing, in an effort to reach a resolution of the conflict.
In the case of partnership, partners owe each other a fiduciary duty of loyalty.
The Americans with Disabilities Act of 1990 guarantees a job to every disabled person
regardless of qualifications.
The employer cannot be held liable for the supervisory or managerial employees who
sexually harass their subordinates.
The sociological theory is based on the premise that society’s ideas change over time
and law should reflect a compromise between the changing, often conflicting, interests
of society.
For a tort to be considered as defamation, the negative statement must be presented as
opinion.
The Uruguay round is the current trade-negotiation round of the World Trade
Organization (WTO) which commenced in 2001.
Discuss briefly the four torts included under invasion of privacy.
The Vienna Convention applies to household goods purchased for personal use.
Antitrust is the area of law which keeps the market open by regulating business
activities.
If an Environmental Assessment is required, the responsible agency must publish a
notice of intent (NOI) in the Federal Register, indicating intent to prepare a draft
environmental impact statement (DEIS) and the date and place of any scoping meeting.
The per se analysis is a conclusive presumption of illegality.
The life tenant only owns the land during the measuring life and the measuring life may
be that of the life tenant or someone else.
Any suit alleging a Rule 10b-5 violation arises in state court.
If conciliation doesn’t work, the next logical step after conciliation is summary jury
trial.
For a tort to be considered as assault, the victim should be deathly afraid.
Dumping occurs when a product is sold for more money in the countries into which it is
imported than it is sold for in the home country.
A patent can be renewed after 10 years.
The Taft-Hartley Act of 1947 outlawed both closed shops and union shops.
Instead of granting money damages to the victim, civil laws generally result in
punishment of the perpetrator.
Many states permit withdrawal by an attorney when the highest authority of the
corporation insists on a criminal action that will substantially injure the corporation and
this is called reporting up.
In the U.S., genetically modified foods are labeled as such and anything not so labeled
can be assumed to be organic food.
Each federal agency’s own internal rules and regulations are set forth in its
administrative regulations published in the Code of Federal Regulations (CFR).
The Foreign Corrupt Practices Act applies to private sector bribery.
A summons is a statement made by a witness under oath outside of court while being
questioned (also known as examined) by both parties to the litigation.
The American Medical Association is an executive agency.
Companies carryout initial public offering (IPO) for distributing bonus shares to
existing investors.
A debtor that files under Chapter 11 can remain “in possession of the assets” while
undergoing reorganization under Chapter 11, without the appointment of a trustee.
A registered stock can be negotiated by whoever possesses the stock.
Which of the following statements is NOT true regarding a general partnership?
A.It is an association of two or more persons to carry on a business for profit.
B.Loss sharing is a necessary condition of general partnership.
C.An oral agreement to share profits may be enough to create a general partnership
even though the financial contributions are unequal.
D.Some partnerships are governed by a partnership agreement and it can be either a
written agreement or an oral agreement.
The _____ requirement of a valid contract ensures that parties to the contract actually
bind themselves to the agreement by exchanging an agreed-upon legal detriment.
A.consideration
B.capacity to enter into a contract
C.legality
D.mutual assent
The internationally recognized certification system called Leadership in Energy and
Environmental Design is developed by the U.S.:
A.Department of the Interior.
B.Green Building Council.
C.Environmental Protection Agency.
D.Council on Environmental Quality.
Which of the following types of bankruptcy is used by individuals with regular income
to develop a plan to repay all or part of their debts and provides protection from
creditors while they do so?
A.Chapter 7
B.Chapter 9
C.Chapter 13
D.Chapter 12
Which of the following is true regarding the Socially Responsible Investing (SRI)?
A.The modern SRI movement began when pictures of napalmed victims, skin in
flames, in Vietnam generated outrage against Dow Chemical.
B.SRI is a recent concept.
C.This form of investing favors corporations that promote environmentally aware
practices, consumer protection, human rights, and diversity.
D.All socially responsible investors avoid businesses involved in alcohol, tobacco,
gambling, weapons, the military and/or abortion.
With reference to specialized state level courts, which of the following functions is
most likely to be performed by a Probate Court?
A.Settle matters of support and child custody.
B.Adjudicate questions involving wills and inheritances.
C.Hear suits against the state government.
D.Determine whether minors have committed crimes.
Which of the following is a court of intermediate appeals?
A.U.S. District Courts
B.U.S. Court of International Trade
C.U.S. Tax Court
D.U.S. Court of Appeals for the Federal Circuit
Bootleg copying involves unauthorized copying of _____.
A.photographs
B.books
C.live musical performances
D.paintings
Bench trial is a trial before a:
A.mock jury.
B.jury without a judge.
C.judge and a jury.
D.judge without a jury.
Identify the correct statement about bargaining units.
A.Employees of the bargaining unit cannot conduct a card check.
B.Generally, there must be at least two employees in a bargaining unit.
C.It is not mandatory to have a bargaining unit for election of a union.
D.It represents the management whose employees the union will represent.
With reference to the agency relationship, which of the following is a duty of an agent
to a principal?
A.Duty to indemnify
B.Duty to compensate
C.Duty of good conduct
D.Duty to reimburse
A collective bargaining agreement is entered into between:
A.labor and the shop steward.
B.the management and labor.
C.the management and the employer.
D.labor and the government.
Which of the following is based on the theory that there is a discoverable set of absolute
right and wrong principles upon which our laws should be based?
A.Legal positivism
B.Tort law
C.Syndicalism
D.Natural law
A tag attached to a cloth stating that it was made by the International Ladies’ Garment
Workers Union is most likely to be an example of a _____.
A.patent
B.trade dress
C.service mark
D.collective mark
Which of the following statements is true regarding the Supreme Court?
A.It conducts trials.
B.It is an intermediate level court.
C.It is a court of original jurisdiction.
D.It has the final authority on legal interpretations.
Which of the following statements is true regarding a mock trial?
A.This mechanism is used by administrative agencies wishing to avoid protracted
litigation with interested groups over regulations which the agency wants to issue.
B.It involves assembling ordinary citizens and then asking them to act like a jury.
C.It is generally carried out after the case has been filed with the court.
D.Lawyers for both sides assemble a panel of a neutral advisors and high-ranking
business executives with settlement authority from each business.
A(n) _____ is an agreement between two or more competitors not to sell to or buy from
an individual or company or group.
A.boycott
B.tie-in
C.cartel
D.merger
Whish of the following statements is most likely to be true regarding lost property?
A.It is a personal property to which an owner has relinquished all right and title.
B.It can be acquired by someone only through a validly executed will.
C.The finder has superior claim to the property against all except the true owner.
D.The owner of the premises where the property is found is entitled to claim the
property.
Wiretapping is most likely to be an example of _____.
A.publication of private facts
B.false light
C.appropriation of name or likeness
D.intrusion upon seclusion
Which of the following laws provides rights and remedies and dictates what kinds of
actions we can and cannot engage in?
A.Procedural
B.Private
C.Substantive
D.Civil
The executive branch of the government has the authority to:
A.interpret laws.
B.pass laws to bring the court’s interpretation of law in line with the views of the
legislature.
C.request legislation and veto legislation.
D.interpret executive orders or other presidential acts as unconstitutional.
Under the Uniform Partnership Act, whenever a partner withdraws from the general
partnership, the partnership
A.gets converted into a member-managed limited liability company.
B.gets converted into a limited partnership.
C.gets converted into a manager-managed limited liability company.
D.must dissolve.
The _____ is one of the two sets of laws that governs contracts.
A.Uniform Commercial Code
B.Code of Federal Regulations
C.main purpose doctrine
D.nondelegation doctrine
Which of the following can NOT be registered under the Lanham Act?
A.Trade dress
B.Certification mark
C.Service mark
D.Trade name
Which of the following statements is true regarding estate for years?
A.The grantee of the estate for years has the land only for the period for which it is
granted to him/her.
B.The grantee of the estate for years can sell the land to someone else.
C.The grantee of the estate for years can grant the land to someone else for life estate.
D.The grantee of the estate for years can bequeath the land to someone else through a
will.
The Bureau of Industry and Security (BIS) is located within the _____.
A.Department of State
B.Department of Commerce
C.Department of Treasury
D.Department of Justice
The jurisdictional area of a Court of Appeals is called a(n) _____.
A.closed region
B.circuit
C.district
D.enclosure
In union negotiations, often the parties become so angry with each other, perceiving the
other side to be recalcitrant and unwilling to be open to effective discussion of a given
point, that it is more productive to allow a disinterested third party to go back and forth
between the parties, speaking to each, to get them to focus on the real issues and reach
an agreement. This is an example of _____.
A.conciliation
B.mediation
C.mock trial
D.arbitration
If Congress grants an agency the authority to issue regulations, the agency is said to
have _____ authority.
A.quasi-legislative
B.voir dire
C.stare decisis
D.obiter dictum
To prevent unions from discriminating against minorities and women, the NLRA
imposes the duty of _____ on unions.
A.fair representation
B.good faith bargaining
C.collective bargaining
D.permissive bargaining
The _____ of 1976 gives the Environmental Protection Agency the authority to control
hazardous waste from “cradle-to-grave.”
A.Medical Waste Trafficking Act
B.Toxic Substances Control Act
C.Comprehensive Environmental Response, Compensation, and Liability Act
D.Resource Conservation and Recovery Act
Which of the following organizations performs the task of enforcing violations of the
Tariff Act of 1930 known as “337” actions?
A.The Office of U.S. Trade Representative
B.The International Trade Administration (ITA)
C.The Bureau of Industry and Security
D.The International Trade Commission (ITC)
Discuss the legal realism theory of jurisprudence.
What is a void contract?
State the important provisions of the Landrum-Griffin Act of 1959.
What is commercial arbitration?
Discuss briefly the three branches of the federal government.
Define perjury.
What are white collar crimes?
What is quid pro quo sexual harassment?
Discuss with example appropriation of name or likeness.
Describe briefly, compensatory damages, punitive damages, and nominal damages.
What are the two distinguishing characteristics of an agency relationship?
Why are horizontal mergers subject to most scrutiny?
Describe the responsibilities of the National Labor Relations Board (NLRB).
Describe the role of the federal courts.
Discuss disparate treatment.
Discuss the significance of the countervailing duty.
What are the defenses to negligence?
What is meant by oligopoly?
What is a mock trial? Explain its advantages.