Arleen Ray is starting a new business. She will operate a children’s clothing store and
will need to cover the store with sales help from 10:00 AM to 9:00 PM Monday through
Friday and from 1:00 PM to 6:00 PM on Saturdays and Sundays. She has several
questions about her yet-to-be work force.
(a) What is the maximum number of hours each employee can work?
(b) When will she be required to pay overtime?
(c) What is the minimum wage requirement?
(d) Will the employees be covered under state workers’ compensation laws?
(e) Will Arleen be required to handle withholding for the employees?
Informal rule making does not require publication of proposed rules.
a. True
b. False
First National has just foreclosed on the mortgage of one of its debtors, Rayon
Chemical. It will be six months
before Rayon can sell the property. What can First National do with the property
without risking CERCLA liability?
a. Inspect the property.
b. It is too late; foreclosure results in CERCLA liability.
c.Operate the plant.
d.none of the above
Which of the following is an example of law not enacted by an elected body?
a. municipal law
b. administrative regulations
c.state codes
d.United States Code
e. all of the above are enacted by an elected body
Ergonomics operates a plant that manufactures plastic furniture. Residents complain
that the smell from the plant is like inhaling chlorine bleach. Ergonomics located its
plant in the area in 1967. Residential development near the plant began in 1999. The
houses have grown closer and closer to the plant. The owners and the developer of the
residential projects near Ergonomics have filed suit against Ergonomics for creating a
public nuisance.
a. Ergonomics was there first and there cannot be any finding of a nuisance as a result.
b. The residential property owner and developer have moved to the nuisance and
remedies vary.
c.The residential property use and safety always take priority; Ergonomics must be
closed down.
d.A smell does not rise to the level of a nuisance.
Which of the following is not an element of negligence?
a. duty
b. breach of duty
c.reckless disregard
d.causation
Sam Wasterson is the CEO of Galant, Inc.Galant is being sued by Webtech, a
competitor, for antitrust violations.
Webtech’s CEO says that he met with Wasterson three times in 1993. He explains,
“Check his calendar. Check his secretary’s logs!” The meetings are a critical part of the
Webtech case. Webtech’s lawyers:
a. will not be able to obtain the calendar or logs because of the privilege.
b. will obtain the calendar and logs through mandatory discovery or a request for
production.
c.will have to show the relevance of the logs and calendars before they can get them.
d.cannot obtain the calendar and logs because of privacy limitations.
Which of the following kinds of worker must be paid the minimum wage rate?
a. Cooks
b. Housekeepers
c.Full-time babysitters
d.All of the these
The level of cheating in high schools and colleges is declining.
a. True
b. False
Give a sample citation for each of the following statutes/regulations:
a. United States Code
b. Code of Federal Regulations
Forty-nine states have adopted the Uniform Trade Secrets Act.
a. True
b. False
A tort is a private wrong carrying criminal penalties.
a. True
b. False
In which of the following courts would a trial for violation of the Foreign Corrupt
Practices Act be held?
a. state trial court
b. federal district court
c.U.S. Supreme Court since the case involves foreign jurisdictions
d.none of the above
Amanda Tucker, a black female, applied for a sales position in Ames Department Stores
in Seattle. After completing her application, she was asked to take a math test and a
general aptitude test. Amanda was not hired and later learned that Ames only
administers the math and aptitude tests to minority applicants. Ames says that its
experience demonstrates that minority candidates do not work out well as sales clerks
unless they have a minimum score on these tests. Which of the following statements is
true?
a. Ames’ testing policy is a violation of Title VII.
b. Ames’ testing policy is valid so long as it can substantiate the statements about the
validity of the tests.
c.Ames’ testing policy is valid so long as the test is consistently given to minority
applicants.
d.none of the above
In criminal procedure, the initial appearance:
a. is the preliminary hearing.
b. is where bail is set.
c. follows the grand jury proceedings.
d.is where a plea is entered.
The employer privilege statutes provide employers with some defenses for candor in
references.
a. True
b. False
Advertising by professionals is permitted because of First Amendment protections.
a. True
b. False
Malice is a required element in all defamation cases.
a. True
b. False
The Federal Register is a daily update of changes and proposed changes in the Code of
Federal Regulations.
a. True
b. False
Under Sarbanes-Oxley, a company must file an 8-K if it has waived its code of ethics
for a financial reporting officer.
a. True
b. False
Which of the following statements best describes the property protection given a
singer’s voice?
a. No protection is given since it is intangible.
b. No protection is given because many people legitimately sound like famous singers.
c.The voice is given the same protection as the face or likeness.
d.none of the above
Mensreacan be established without a confession.
a. True
b. False
Any shareholder can demand access to the corporate books and records.
a. True
b. False
During the trial of Dennis Kozlowski, former CEO of Tyco, a juror’s identity was
revealed and her picture was printed in two newspapers with stories that depicted her as
the holdout in the deliberations. The juror received a threat on her life. Requiring the
juror to continue and deliberate in these circumstances:
a. is reversible error.
b. is standard procedure.
c.is outlawed by in personam jurisdiction.
d.none of the above
The states’ police powers are subject to a balancing test.
a. True
b. False
The Kyoto Treaty has now been ratified by all signatory countries.
a. True.
b. False
Slander is oral defamation.
a. True
b. False
A plaintiff cannot begin a lawsuit until the court finds there is good cause for filing the
suit.
a. True
b. False
A real estate agent who fails to disclose his interest as a buyer to his seller principal has
violated his duty of loyalty.
a. True
b. False
A comment or deficiency letter:
a. is a denial of registration.
b. must be issued within 20 days of the filing of the registration statement.
c.can only be issued once.
d.all of the above
Which of the following is prohibited under HIPAA?
a. Patients’ right to restrict disclosure and discussion of a hospital stay.
b. A computer screen in a doctor’s office turned toward the waiting room.
c.Calling a patient at work who has requested no calls there.
d.all of the above
Which act makes it a crime to willfully infringe copyrighted materials via electronic
means that worth more than
$1,000?
a. The Digital Millennium Copyright Act
b. The No Electronic Theft Act
c.The Economic Espionage Act
d.There is no criminal statute for electronic infringement; it is a civil matter only.
Which of the following is nota requirement for a valid state tax?
a. Tax cannot discriminate against interstate business.
b. Tax cannot apply to businesses in interstate commerce.
c. There must be a sufficient nexus between the state and the business being taxed.
d. none of the above
Which of the following is necessary to create an agency relationship?
a. consideration
b. an agent with contractual capacity
c.a ratification by the principal
d.none of the above