The standard that must be met for a plaintiff to win a trademark dilution claim is
likelihood of confusion.
Kathy and Tom are filing for divorce. Their marital home, that they still live in, is worth
$7.5M and their furniture and other assets are worth in excess of $25M. Kathy wants
half of everything and Tom doesn’t think she deserves more than 25%. They may file in
federal court to have their dispute adjudicated.
For the last several decades, U.S. presidents have declined to exercise direct power over
the agencies.
The UCC permits terms to be added into a contract or filled in as gap fillers however,
the contract cannot be enforceable unless the parties have agreed to and specified a
price in their agreement.
Congress has endorsed the use of arbitration as the preferred dispute resolution method
in matters governed by federal law.
If business records can be proven to be private papers the records may be protected
from seizure under the Fifth Amendment right against self incrimination by sole
proprietors.
A tenancy for years will automatically renew if no notice is given by the tenant or
landlord of their
intention to terminate the lease.
In an assignment or delegation, any third party rights or duties occur after the contract
is formed.
Jon owns two cars. He says to Rachel, “I’ll sell you either car for $8,000”. This would
be a valid offer.
The rule of omission applies when someone creates something exactly like an item
already patented but deletes a feature included in the original product. The new product
will not be considered a patent infringement if the deleted feature was a significant
element of the original.
Records of agency personnel matters are open to the public under the Freedom of
Information Act.
A motion for a Judgment as a Matter of Law is called a motion for a Judgment Non
Obstante Verdicto in some states.
Employers are not required to offer their employees health care benefits.
Counterclaims are filed by the plaintiff in civil matters.
Betsy is moving to New Mexico and offers to sell her television to April. April isn’t sure
if she can afford it and asks for a week to decide. If Betsy agrees to hold the offer open
for a week and makes the promise in writing, Betsy has given April a firm offer.
Each stage of litigation is separate and distinct and each must be completed before the
next stage may be started.
The authority of an officer to bind the corporation must expressly flow from the bylaws
or through board of director mandates.
A process or procedure is not eligible for copyright protection.
The Certificate of Organization may restrict members of an LLC to only those
possessing a professional license in a named field.
Advertising coffee as “the best in world” is prohibited by UCC rules.
Affirmative action programs are designed to remedy an actual past practice of
discrimination.
Most employers are not subject to affirmative action requirements.
The Celler-Kefauver Antimerger Act covers general antitrust prohibitions.
States were not subject to Bill of Rights restrictions until after the Civil War.
Assume that Iowa has passed a law requiring that anyone riding or operating a
motorcycle wear a helmet. Mary enters Iowa Harley Davidson and wants to take a test
ride on. She doesn’t have a helmet with her and they don’t have one her size available,
so the proprietor lets her go without one. If she crashes and is injured, the proprietor has
committed negligence per se.
The substantial evidence test is applied by the courts to determine whether or not the
agency’s actions were lawful with regard to investigations and licensing.
Every state in the U.S. recognizes the existence of LLCs.
Public corporation disclosures and filings are made available to the general public.
Fred has returned from a nursery where he has purchased twenty one rose bushes to
decorate the exterior of his home. Each bush has its roots wrapped in burlap and Fred
carried the bushes home in the back of his pickup truck. Fred has now planted each of
the rose bushes. The bushes are real property.
Diplomatic relations do not play a role in the creation of international law.
Citizen suits may be brought against an agency, but may not be brought against a
private party.
The most common form of sexual harassment is quid pro quo harassment.
A state court may not unilaterally declare or decide that proper venue for a case should
be in another state.
Certain businesses are classified as pervasively regulated and there is an exception to
the warrant requirement where the agency is conducting regularly scheduled
inspections.
Immanuel Kant is credited with developing the utilitarian stream of moral reasoning.
In 1997, the IRS:
A.made LLCs more attractive by eliminating strict operating requirements to qualify as
a partnership for tax purposes.
B.made LLCs more attractive by changing the tax structure making LLCs more
profitable to operate.
C.made LLCs less attractive by increasing and redefining operating requirements to
properly identify LLCs and weed out companies misfiling for tax break purposes.
D.made LLCs less attractive by eliminating taxation at the business level making the
LLC similar to the partnership for tax purposes.
Which of the following is classified as an equitable remedy?
A.consequential damages
B.reformation
C.restitution
D.liquidated damages
In addition to the EPA, the Clean Water Act (CWA) is also enforced by the U.S. Army
Corp of Engineers.
Under the emergency escrow provisions created under the Sarbanes-Oxley Act:
A.the SEC may require corporate payouts into a government controlled emergency
escrow fund after the SEC investigation has uncovered wrongdoing by the corporation.
B.the SEC may require corporate payouts into a government controlled emergency
escrow fund during their investigation and before the SEC has uncovered wrongdoing
by the corporation.
C.the PCAOB may require corporate payouts into a government controlled emergency
escrow fund after the PCAOB investigation has uncovered wrongdoing by the
corporation.
D.the PCAOB may require corporate payouts into a government controlled emergency
escrow fund during their investigation and before the PCAOB has uncovered
wrongdoing by the corporation.
One criticism of the USA Patriot Act is that:
A.adequate safeguards are not in place to prevent the government from using the act to
invade citizen’s privacy
B.too much due process is being given to alleged terrorists under the Act’s provisions
C.penalties for those found guilty under the act are not harsh enough
D.penalties for those found guilty under the act are too harsh and constitute cruel and
unusual punishment
What must Congress do first to establish an administrative agency?
A.nothing, it is an executive power
B.obtain judicial approval the creation
C.enact an enabling statute
D.research if a new agency is needed
The Equal Protection Clause is contained in the:
A.First Amendment
B.Fifth Amendment
C.Sixth Amendment
D.Fourteenth Amendment
Right to work laws:
A.require that all persons applying for jobs be treated equally and without
discrimination.
B.make it illegal for employers to agree with unions that union membership be required
for continuing employment.
C.make it illegal for employers to agree with unions that union membership be required
as a condition of employment.
D.make it illegal for an employer to terminate an employee for joining a union.
Generally, torts law is governed by:
A.state statutory law.
B.state common law.
C.federal statutory law.
D.constitutional law.
Beth has just signed a contract to work for a bank. A clause in the contract says that
before she begins work, she must pass a drug test and that should drug use be
discovered, the contract becomes void. This clause would be a:
A.condition precedent.
B.condition subsequent.
C.concurrent condition.
D.nothing of consequence since she’s already signed the contract.
Mackey Corp. is incorporated in Delaware but has no office or personnel in the state.
Their main office is in Arizona. Mackey would have a physical presence in Delaware if:
A.they maintain a P.O. Box to receive mail which is then forwarded to the main office
in Arizona.
B.they advertise their products in Delaware newspapers.
C.their sales personnel drive through Delaware to go to offices in Maryland.
D.they sell products to Delaware residents using the USPS for delivery.
Which of these is not a reason listed in the chapter as a purpose for environmental
protection statutes?
A.protect wildlife and endangered species
B.promote clean air and water through regulation and permitting
C.ensure that businesses have no impact on the environment
D.ensure that government agencies make as minimal an impact as possible on the
environment
The last time an attorney addresses a jury is during the:
A.closing argument.
B.jury instructions.
C.deliberations.
D.making of a Motion for a Judgment as a Matter of Law.
Chris wanted to get a loan from the bank but he has bad credit. In order to get the
money he convinced Eric to cosign as surety. Now Chris has stopped making the
payments. When is Eric liable for repayment of the loan?
A.at any point
B.when Chris stopped making payments
C.only after the bank attempts to recover the full amount from Chris
D.never because Eric was not the one actually using the money
George wants to buy an old chemical factory in the warehouse district of town. He
plans to take advantage of the upcoming neighborhood and turn the building into
expensive lofts. After purchasing the property and starting renovations, he discovers
that the land is contaminated with hazardous chemicals. He contacts the EPA to create a
cleanup plan. When allocating liability and cleanup costs the EPA determines that
George is:
A.not liable because he did not own the land when it was contaminated.
B.not liable because the chemical factory owners contaminated the property.
C.liable because he is the owner of the contaminated property.
D.liable because he should have conducted all reasonable inquiries into the previous
ownership to determine if any contamination is present.
When filing a citizen suit, a private citizen or organization must:
A.be authorized by statute.
B.be authorized by statute and not profit from the enforcement action.
C.be an established environmental protection group.
D.have permission from the EPA to sue.
Brad has left 50 acres of land to the First Church of Magnolia with the condition that
they shall own and have rights to it forever, however, should they ever permit alcohol to
be served on the premises, the property would immediately go back to Brad or if Brad
were deceased, to his heirs. Brad has granted the church a:
A.fee simple.
B.fee tail.
C.life estate.
D.fee simple defeasible.
Which of the following items would be properly subject to a UCC sales contract?
A.a house
B.a Christmas tree sold in a parking lot
C.rights to a patent
D.an employment contract
Bonds, Inc. is incorporated in the state of Florida. In the state of Florida, Bonds would
be characterized as a/an:
A.domestic corporation.
B.foreign corporation.
C.alien corporation.
D.native corporation.
Jennifer and Angela are both broke. They have sold most of their possessions and
neither can find a job. One evening they decide to rob a bank. They agree that Jennifer
will enter the bank pretending to have a bomb strapped to her chest and Angela will
drive the getaway car. The next morning they drive to the bank and while they are
waiting for it to open they see a church next door. Hoping for divine help while
committing the robbery, they step into the church to pray. Suddenly realizing the error
of their ways, they abandon their plans and sign up to become nuns.
A.they have committed no crime because they abandoned the plan
B.they are guilty of attempted robbery by driving to the bank
C.they are guilty of a crime only if the bomb was real and not a threat
D.they are guilty of conspiracy
The ‘safe harbor” exemption from SEC regulations involves:
A.nonpublic offers to a limited number of sophisticated investors who already have
business relationships with the issuer.
B.nonpublic offers to a limited number of sophisticated investors who privately
negotiate their securities purchases.
C.offerings with specified dollar limitations and/or limitations on the number of
accredited investors.
D.offerings with specified dollar limitations and/or limitations on the number of
nonaccredited investors.
Which of the following is not a required preregistration document?
A.the prospectus
B.letters of intent
C.an underwriting agreement
D.comfort letters
The triple bottom line in the perspective of corporate social responsibility consists of
each of the following except:
A.creation of profit.
B.creation or destruction of environmental value.
C.creation of social value.
D.creation of private value.
The U.S. Supreme Court held that the Sherman Act applies to commercial agreements
where the parties acted in what kind of manner?
A.unreasonable
B.deceptive
C.controlling
D.any
Acme Rocket Company is shipping 500 toy rockets to Rockets R Us. Acme is located
in Miami and Rockets R Us is located in Boston. If goods are shipped FOB Miami:
A.Rockets R Us bears the risk of loss if the boat sinks on its way to Boston.
B.Rockets R Us bears the risk of loss once the shipment arrives in Boston.
C.Acme bears the risk of loss if the boat sinks on its way to Boston.
D.Acme bears the risk of loss until the goods are accepted by Rockets R Us.
Which of the following will be a valid defense in a strict products liability case?
A.comparative negligence
B.contributory negligence
C.assumption of risk
D.consent
The Resource Conservation and Recovery Act (RCRA) applies only to active facilities,
not future ones.
Which of the following scenarios would most likely result in strict liability?
A.Bruno owns a basset hound that escapes from his yard and bites a neighbor
B.Amos buys a bag of Chips Ahoy chocolate chip cookies and breaks a tooth when he
bites into one with a small rock that looks like a chip in it
C.Ted is injured when a foul ball enters the stands at a major league baseball game and
injures him
D.maintenance at a school waxes the floors during class but fails to put up warning
signs. A student leaving class slips and is injured
The Supreme Court case of Pennoyer v. Neff articulated a framework for the exercise of
personal jurisdiction by lower courts:
A.that applied to federal courts only and was based on providing fairness to the parties
with constitutional requirements related to due process.
B.that applied to state courts only and was based on providing fairness to the parties
with constitutional requirements related to equal protection.
C.that applied to both federal and state courts and was based on providing fairness to
the parties with constitutional requirements related to equal protection.
D.that applied to both federal and state courts and was based on providing fairness to
the parties with constitutional requirements related to due process.
A complaint will contain each of the following except:
A.a statement of the plaintiff’s version of the facts of the case.
B.a statement of the damages suffered.
C.a statement of why the plaintiff believes the defendant is guilty.
D.a statement of the evidence that the plaintiff will produce and a list of potential
witnesses to be called.
Martha and Bill have applied for teaching positions in your school’s accounting
department. Martha is a recent graduate with her PhD in accounting and one published
paper. She has no teaching experience except for classes taught as a teaching assistant
during her PhD program. Bill also has a PhD in accounting and has been teaching for
five years at a major university. He has eight published papers. Both are hired as tenure
track assistant professors and assigned two 101 courses and one 102 course. When
Martha later discovers that Bill’s salary is $10,000 higher than hers she is furious and
files suit under the Equal Pay Act. Will she be successful?
A.she is being paid less to do the exact same job that her male counterpart is doing so
she does have a valid cause of action
B.Bill’s five years of seniority allows the University to pay him more without liability
C.Martha does not have a valid cause of action because she is not a minority eligible for
EPA protections
D.Martha does not have a valid cause of action because Bill is being paid a different
salary based on factors other than sex
To date, every state in the union has adopted the Revised Uniform Partnership Act
except the state of Louisiana.
Steve has opened a sole proprietorship bicycle shop. The business shows a net income
of $100,000. Steve took a salary of $40,000. The remaining money is left in the bank.
A.at tax time, the business pays taxes on $100,000 and Steve pays taxes on $40,000
B.at tax time the business pays taxes on $140,000
C.at tax time Steve pays taxes on $140,000
D.at tax time the business pays taxes on $70,000 and Steve pays taxes on $70,000
With regard to polygraph tests:
A.public and private employers may require employees to take no more than one test
per year as a condition of employment.
B.an employer may require mandatory tests only if every employee, both management
and non-management are required to be tested.
C.government employees may only be required to take tests if the tests are a part of an
investigation for theft or economic loss.
D.a privately owned drug company may require tests of their employees.
Fast Feet, a manufacturer of running shoes, gave Rick’s Running, merchandise for their
store on credit. Rick’s is required to sign an agreement that describes the merchandise as
collateral and the Rick’s will pay Fast Feet weekly based on the sales of the shoes. Fast
Feet files a statement of notice with the appropriate government agency. Based on these
facts, what kind of creditor is Fast Feet and why?
Name and discuss the fiduciary duties owed by general partners to the partnership as set
out in the Revised Uniform Partnership Act.
Philip has taken a patented device and reproduced it leaving out an insignificant
function. He would still be violating the original patent according to the doctrine of
______.
Private equity funding provided by a group of professional investors for use in
developing a business is called _______.
When a business no longer has enough money to pay their bills and maintain operations
they are considered to be _____.
When a seller makes a representation of fact about a product this is known as an
________ warranty.
Name the four part test established by the court in Central Hudson Gas v. Public
Service Commission, that subjects government restrictions on commercial speech to a
form of intermediate level scrutiny.
Conversion occurs when a party interferes with the ________ of another’s property.
What does the Paris Convention address? What is the major enforcement problem with
it?
After the complaint is filed, the complaint and summons are served on the defendant.
What is the summons and what constitutional mandate does service of the complaint
and summons accomplish?
Name and define three forms of illegal work stoppages which may be conducted by
employees.
Prioritizing moral values for an organization and ensuring that behaviors are aligned
with those values is known as _______.
Dr. Augustus is a professor at a university and is up for tenure. He is a black male of
African heritage and speaks with a very strong and very difficult to understand accent.
When upset or excited, his accent becomes incomprehensible. When his tenure
committee reviews his credentials, they find that he meets and exceeds the publication
record required of a person applying for tenure. They also see that his student
evaluations are consistently negative citing an inability to communicate his ideas to
students, constant lateness to class and unexplained essay grading appearing to be
arbitrary. The evaluations also claim that he rarely maintains appropriate office hours
and won’t provide assistance to students. Peer and supervisor evaluations indicate his
unwillingness to contribute to committee work and a general lack of camaraderie. His
accent has been addressed but he has constantly rejected any suggestions to improve his
communication skills. It is recommended that he be denied tenure. Subsequent
committees come to similar conclusions and he is given a termination contract. Reasons
given include his inability to communicate, his refusal to work with students, his failure
to maintain office hours and his refusal to work with other faculty. Dr. Augustus
believes that he has been denied tenure primarily due to his race and African heritage
and files a claim with the EEOC. When the EEOC investigates, they find numerous
black faculty members of African heritage; many with pronounced accents, both tenure
track and tenured. Has Dr. Augustus been discriminated against? Why or why not?
________ is the common law doctrine basis for modern environmental protection laws.
Name the three specific events that are deemed events of dissociation by the Revised
Uniform Partnership Act considered to be the most common.
If one party to a contract has reasonable grounds to believe that the other party will not
or cannot perform the contract, they have the right to demand ________ from the other
party concerning performance.
“Computer City” is an example of a ________ trademark.
Common law jurisdictions adhere to the concept of ________ whereby a court may
strike down a piece of legislation if it violates an overriding principle of law.