Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Taking is defined as an act intended to "harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect" an endangered animal.
Extortion of private persons is commonly referred to as blackmail.
In federalism, the federal government and the state governments share powers.
The Critical Legal Studies Schoolproposes that legal rules are unnecessary and are used
as an obstacle by the powerful to maintain the status quo.
An offering statement requires less disclosure compared to a registration statement.
Vicarious liability is liability with fault.
Each state is required to prepare a state implementation plan (SIP) that sets out how the
state plans to meet the federal pollutant standards.
Workers cannot both receive workers' compensation and sue their employers in court
for damages.
The U.S. Supreme Court has held that professionals such as lawyers do not qualify for
an implied exemption from federal antitrust laws.
Under patent law, it is acceptable to patent tax strategies.
Preferred stockholders are given the right to vote for the board of directors of the
corporation.
The federal district courts are empowered to impanel juries, receive evidence, hear
testimony, and decide cases.
In common law, burglary is defined as "breaking and entering a dwelling at night" with
the intent to commit a misdemeanor.
If an agency is not an exclusive agency, the principal can employ more than one agent
to try to accomplish a stated purpose.
All members of the Public Company Accounting Oversight Board (PCAOB) must be
CPAs.
A purchase money security interest is an interest a creditor automatically obtains when
he or she extends credit to a consumer to purchase consumer goods.
A durable power of attorney remains effective even if the principal is incapacitated.
It is not necessary for a limited partnership to have general partners if the limited
partners share management responsibility among themselves.
Only a lawyer can become an attorney-in-fact.
The False Claims Act permits private parties to sue the government on behalf of a
corporation.
Federal statutes take precedence over treaties.
The legal rule of imputed knowledge means that the principal is assumed to know what
the agent knows.
The Endangered Species Act applies only to private parties.
The Equal Employment Opportunity Commission (EEOC) is the federal administrative
agency that is responsible for enforcing most federal antidiscrimination laws.
The Fifth Amendment to the U.S. Constitution provides that no person shall be
compelled in any criminal case to be a witness against himself.
An agent does not violate his or her duty of loyalty by serving two parties with the same
interest.
An H4 visa holder is eligible to work in the United States for minimum wage or higher.
A misrepresentation is considered fraud even if it is made without the intent to deceive
another party.
Generally Accepted Auditing Standards (GAASs) are established by the American
Institute of Certified Public Accountants.
Workers' compensation benefits are usually paid according to preset limits established
by statute or regulation.
Labor unions have the right to engage in picketing in support of their positions.
Kitchen cabinets in a building are considered fixtures.
A sole proprietor has limited personal liability.
In terms of contractual capacity, what is the most commonly-recognized age of
majority?
A) 15
B) 16
C) 18
D) 21
Tim Talon engaged in reckless driving and killed a pedestrian. His defense is that he
was driving under the influence of alcohol and lost control of his automobile. How
would a court classify Tim Talon's intent?
A) general intent crime
B) criminal intent crime
C) specific intent crime
D) nonintent crime
Which of the following legislation makes it unlawful for a party to refuse to sell, rent,
finance or advertise housing to any person because of his or her race, color, national
origin, sex, religion, disability, or family status?
A) the Rent Stabilization Law of 1969
B) the Americans with Disabilities Act of 1990
C) the Fair Housing Act of 1968
D) the Civil Rights Act of 1866
On the advice of her colleague, Stacey hires Harold, a lawyer and an independent
contractor, to represent her in a court case. While driving to the courthouse to represent
Stacey at trial, Harold negligently causes an automobile accident in which a bystander,
Mildred, is severely injured. Who is liable to Mildred?
A) Stacey
B) Harold
C) Stacey's colleague
D) the firm that represents Harold
A ________ refers to a document filed by a secured creditor with the appropriate
government office that constructively notifies the world of his or her security interest in
personal property.
A) security disclosure
B) financing statement
C) possession statement
D) custodial statement
Which of the following is true of the small offering exemption?
A) Securities coming under this exemption cannot be sold through general selling
efforts to the public.
B) Securities coming under this exemption can only be sold to accredited investors.
C) Securities coming under this exemption can only be sold to nonaccredited investors.
D) Securities coming under this exemption have no resale restrictions imposed on them.
What is the employer's advantage in offering workers' compensation?
A) The employer need not pay for workers' compensation insurance.
B) The employer is exempt from having to offer paid medical leave.
C) The employer can avoid a civil lawsuit by an injured worker.
D) The employer can offer lower basic pay to workers.
Martin, who wants to sell his house, authorizes his concierge, William, to find a
potential buyer and finalize a deal above a stipulated price. William contracts Chris, a
real estate broker, and intends him to only find a potential buyer and send him or her
over to William for the sale. Martin then contracts ReNowait Goodhouses, a home
improvement company, to renovate the house. ReNowait completes its work and Martin
pays the company. Chris then searches for a suitable buyer and finds one in George.
George buys the house and Chris is paid for his services. In this scenario, who is the
principal during the land sale transaction?
A) ReNowait Goodhouses
B) George
C) Martin
D) William
The primary level of national ambient air quality standards (NAAQS) protects
________.
A) flora
B) human beings
C) water bodies
D) climate
Which of the following similarities is observed between tie and plurality decisions
made by the U.S. Supreme Court?
A) The decisions can be appealed against in the U.S. Courts of Appeals.
B) The decisions do not set precedent for later cases.
C) The decision of the lower court is affirmed.
D) New evidence and testimony are heard before making decisions.
In 1980, Congress enacted the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), which is commonly called the ________.
________ is a provision of the Securities Act of 1933 that imposes civil liability on a
person who intentionally defrauds investors by making a misrepresentation or an
omission of a material fact in a registration statement.
A) Section 24 of the Securities Act of 1933
B) Section 12 of the Securities Act of 1933
C) Section 11 of the Securities Act of 1933
D) SEC Rule 506
The ________ oversees union elections, prevents employers and unions from engaging
in illegal and unfair labor practices, and enforces and interprets certain federal labor
laws.
A) USCIS
B) NLRB
C) AFL
D) CIO
Which of the following constitutional provisions give the federal government the
authority to regulate foreign affairs?
A) the Due Process Clause and the Double Jeopardy Clause
B) the Supremacy Clause and the Equal Protection Clause
C) the Free Exercise Clause and the Establishment Clause
D) the Foreign Commerce Clause and the Treaty Clause
According to the ________, evidence obtained from an unreasonable search and seizure
can generally be prohibited from introduction at a trial or an administrative proceeding
against the person searched.
A) Miranda rights
B) exclusionary rule
C) presumption of innocence doctrine
D) double jeopardy rule
Under the ________, the court must examine the pro- and anticompetitive effects of a
challenged restraint.
A) Noerr doctrine
B) rule of reason
C) per se rule
D) consent decree
Which of the following statements is true about the pretrial litigation process?
A) To initiate a lawsuit, the plaintiff must file an appeal in the proper court.
B) If the plaintiff does not answer a complaint, a default judgmentis entered against him
or her.
C) A plaintiff files a cross-complaint against the defendant to seek damages.
D) A default judgment establishes the defendant's liability.
Steve brings his watch to Knell Watches, a store that sells and repairs watches, to be
repaired. The watch store repairs the watch and then sells it to Kevin, who buys the
watch with a fraudulent check that bounces. Kevin then resells the watch to his friend
Jonathan, who is unaware of the stolen status of the watch. Who can legally claim
ownership over the watch in court?
A) Jonathan
B) Steve
C) Knell Watches
D) Kevin
Which of the following partners of a limited partnership invests capital but does not
participate in management?
A) specific partners
B) limited partners
C) general partners
D) sole proprietors
Plant life and vegetation growing on the surface of land are considered ________
property.
A) intangible
B) real
C) personal
D) community
Which of the following is an example of an informal contract?
A) a recognizance
B) a lease
C) a letter of credit
D) a check
Which of the following federal statutes that regulate labor-management relationships
covers airline carriers?
A) Norris-LaGuardia Act
B) National Labor Relations Act
C) Railway Labor Act
D) Landrum-Griffin Act
A ________ is a grant by the federal government to the inventor of an invention for the
exclusive right to use, sell, or license the invention for a limited amount of time.
A) copyright
B) trade secret
C) patent
D) trademark
A restraint of trade in which two or more competitors at one level of distribution agree
not to deal with others at another level of distribution is known as ________.
A) group boycott
B) resale price maintenance
C) price fixing
D) market sharing
Which of the following types of intellectual property is protected by the Lanham Act?
A) a trade secret
B) a trademark
C) a copyright
D) a patent
At the food processing company where Mika works, his primary job responsibility is to
review the quality of preservatives that are used in the food products being made. A
new and highly recommended preservative that has the potential to preserve food
longer without refrigeration was approved by Mika. However, Mika failed to identify
that the substance used to make the particular preservative was banned. The food
product was released into the market with the preservative containing the banned
substance. Which of the following agencies has the power to enact the statutes that
govern such violations?
A) the Medicines and Healthcare Products Regulatory Agency
B) the U.S. Department of Agriculture
C) the Federal Trade Commission
D) the Food and Drug Administration
Which of the following is true about a special power of attorney?
A) It is an implied form of power of attorney.
B) It limits the agent's powers to those enumerated in the agreement.
C) It allows the agent to act in any matters on the principal's behalf.
D) It only allows a licensed attorney to act as the attorney-in-fact.
To which Fifth Amendment provision in the U.S. Constitution do the Miranda rights
refer?
A) parole eligibility
B) privilege against self-incrimination
C) inordinate seizures
D) double jeopardy
________ is a moral theory that holds that individuals must decide what is ethical based
on their own feelings about what is right and wrong.
A) Ethical relativism
B) Kantian ethics
C) Utilitarianism
D) Rawls's social justice theory
The ________ is an OSHA standard that requires an employer to provide a work
environment free from recognized hazards that are causing or are likely to cause death
or serious physical harm to employees.
A) general duty standard
B) specific duty standard
C) code of wellness
D) nonhazardous work environment imprimatur
The ________ requires all contracts for the sale of goods costing $500 or more and
lease contracts involving payments of $1,000 or more to be in writing.
A) parol evidence rule
B) open price term
C) firm offer rule
D) Statute of Frauds
In 1995, the ________ was created as a successor to the General Agreement on Tariffs
and Trade (GATT).
The Fifth Amendment to the U.S. Constitution provides that no person 'shall be
compelled in any criminal case to be a witness against himself." This right is referred to
as the ________.
Explain the extent of liability of a franchisor and a franchisee with an example.
When does an auditor submit a disclaimer of opinion? What is the significance of an
auditor's opinion?
________ requires restaurants and retail food establishments with twenty or more
locations to disclose calorie counts of their food items on menus and menu boards.
A(n)________ is an agency that occurs when a principal and an agent do not expressly
create an agency, but it is inferred from the conduct of the parties.
________ picketing is a type of picketing in which a union tries to bring pressure
against an employer by picketing the employer's suppliers or customers.
The ________ is a federal statute that prohibits age discrimination in employee
benefits.
In a(n) ________ mistake, only one party is mistaken about a material fact regarding
the subject matter of the contract.
A(n) ________ is an equitable doctrine whereby a court may award monetary damages
to a plaintiff for providing work or services to a defendant even though no actual
contract existed.
The exemption of railroads from antitrust laws is an example of a(n) ________
exemption.
________ discrimination occurs when an employer adopts a work rule that is neutral on
its face but is shown to cause an adverse impact on a protected class.
A defendant who believes that he or she has been injured by the plaintiff can file a(n)
________ against the plaintiff.
In countries that follow a civil law system, the adjudication of a case is done simply by
applying ________ or parliamentary statutes to the particular set of facts of that case.
The president is selected by the ________.
If unsecured creditors do not agree to a plan of reorganization, the court can use its
________ and make the dissenting class accept the plan.
A doctrine under which damages are apportioned according to fault is known as
________.
The ________ permits trademark owners and famous persons to recover domain names
that use their names where the domain name has been registered by another person or
business in bad faith.
In a(n) ________ arrangement, a third party promises to be secondarily liable for the
payment of another's debt.
