Which statement is true about procedures for filing a Title VII case?
a. The plaintiff must file within 60 days of the wrongdoing.
b. The plaintiff must exhaust all legal remedies through the courts before filing a case
with the Equal Employment Opportunity Commission.
c. The Equal Employment Opportunity Commission will sue on behalf of the victim
and pay the legal bills.
d. If the EEOC decides not to bring the case, or does not make a decision within three
months, it issues a right to sue letter.
Which of the following types of property would be goods under the Uniform
Commercial Code?
a. A promissory note.
b. A stock.
c. A patent.
d. A computer.
Jane Doe and Nancy Roe v Lynn Mills dealt with what issue?
a. fraud
b. defamation
c. intentional infliction of emotional distress
d. intrusion
After Ashley was denied credit for a new car, she checked her credit report with
Equifax. The report showed that several credit cards had been issued to her recently,
and they had large, unpaid balances. Ashley had not applied for or received these cards.
She found out that someone had stolen personal information she had entered onto her
computer and used the information to fraudulently obtain the credit cards. Ashley:
a. is a victim of identity theft.
b. is protected under the Identity Theft and Assumption Deterrence Act.
c. can seek restitution in court.
d. All of the above.
The Miranda warning insures that the criminal suspects understand their constitutional
rights relating to:
a. search and seizure.
b. self incrimination.
c. double jeopardy.
d. having a jury trial.
Under the federal Bankruptcy Code, the exemption amount for the debtor’s personal
residence is:
a. $20,200.
b. $37,100.
c. unlimited.
d. $50,000.
A salesclerk at Sparkle Jewelry Store observed a customer remove a ring from a display
case and put it in his pocket. In most states, Sparkle:
a. can reasonably detain the customer for suspicion of shoplifting.
b. cannot detain the customer but can alert the police.
c. cannot detain the customer but once the customer leaves the store, the salesclerk can
make a citizen’s arrest.
d. cannot detain the customer but can sue for conversion.
Federal law regulates:
a. point source and non-point source pollution.
b. neither point source nor non-point source pollution.
c. point source but not non-point source pollution.
d. None of the above is correct.
Wombart Manufacturing sells a machine on credit to Cryslie Printing Co. Wombart
insists on a security interest in the machine to:
a. give itself a legal interest in the machine.
b. give itself a legal interest in all of Cryslies property.
c. establish a priority claim in the machine ahead of other creditors of Cryslie.
d. Both a and c.
Garth’s Imports sold a car to Wally on credit for $30,000. Garth assigned to Cassandra
all of his rights to receive money from Wally. Cassandra did not inform Wally of the
assignment. Therefore, Wally continued to make the next three payments directly to
Garth. Shortly thereafter, Garth left the country with the money. If Cassandra sues
Wally for the missing three payments:
a. Cassandra will not be able to collect the money from Wally.
b. Wally is not liable for the three payments because an assignment is not valid unless
the obligor is notified.
c. Wally is liable for the three payments because Cassandra paid consideration for the
assignment rights.
d. Wally cannot raise the defense of previous payment.
In June, The Seascape Gallery sells an oil painting to Collegiate Systems, Inc.
Collegiate promises to pay for the painting in three months. The gallery prepares a draft
ordering Collegiate Systems to pay $3,000 to First Bank on September 15. Collegiate
Systems signs the draft. The draft is a:
a. sight draft.
b. time draft.
c. trade acceptance.
d. Both b and c.
A United States district court is:
a. the primary federal trial court.
b. an appellate court.
c. a small claims court only.
d. none of the above.
The importance of a Subchapter S corporation is:
a. its organizational structure.
b. its treatment of shareholders for income taxation purposes.
c. its requirement of restrictive transfer rights of the shares.
d. its small cost of formation.
In order to satisfy the statute of frauds, a writing must:
a. be a formal written document drafted by an attorney.
b. be signed by the defendant and contain the name of each party, the subject matter of
the agreement, and the essential terms and promises.
c. be notarized.
d. All of the above.
Personal property means all property other than:
a. soil, plants, and trees removed from the land.
b. minerals and crops removed from the land.
c. land and all things permanently attached to the land.
d. intangible property.
Hardhat Machine Company sold goods to Irish Eyes Company of Northern Ireland. Big
Bank issued a letter of credit on behalf of Irish Eyes and the letter was given to
Hardhat. The “account party” is:
a. Irish Eyes.
b. Hardhat Machine Company.
c. Big Bank.
d. None of the above.
Johann, a well-known musician, agrees to give ten guitar lessons to Elton for $2,000.
Nothing in the contract itself prohibits a delegation. If Johann delegates his obligation
to Eugene, a second-year musical student and enthusiastic guitar player, then the
delegation will probably be:
a. permitted because contracts may be freely delegated.
b. permitted because the contract is just for music lessons.
c. prohibited because Johann and Eugene have very different skill levels.
d. prohibited by the UCC.
Under the Uniform Limited Partnership Act a limited liability limited partnership may
be formed.
a. filing an application with the secretary of state.
b. They are not allowed
c. declaring so in its certificate of formation.
d. None of the above.
In Jones v. Clinton, the court held:
a. Paula Jones did not demonstrate the essential elements for her claim.
b. Paula Jones was entitled to a summary judgment.
c. public policy required that the case be dismissed because of the Presidents
governmental position.
d. President Clinton failed to comply with a discovery order.
Farmers Fortune Insurance has a contract with Farmer Fran to insure her crops against
insect damage. The contract does not specify which insects are covered or how much
damage is necessary to make a claim. The contract will probably be enforced in favor
of:
a. Farmer Fran.
b. Farmers Fortune Insurance.
c. Neither side, as it is ridiculous to try to insure against insects.
d. Cannot determine… would have to go through litigation to decide.
When a judge orders a criminal defendant to reimburse the victim, it is called:
a. reimbursement.
b. restitution.
c. restraint.
d. reformation.
In analyzing a situation to determine how to act ethically, a business manager should:
a. gather background information by either talking firsthand with the people involved or
by talking to those who gained information informally through the company
“grapevine.
b. narrowly focus on a single issue.
c. determine whether an alternative violates important values.
d. All of the answers are correct.
When an appellate court hears a case, it may:
a. affirm the decision.
b. reverse the decision.
c. modify the decision.
d. All the above are correct.
“Bait and switch” is:
a. advertising a product for sale and then giving a rain check.
b. placing the store brand and the national brand side-by-side in a store.
c. selling the store brand at a lower price than the national brand.
d. the act of advertising certain goods and then pressuring the customer to buy different,
more expensive goods.
Jill was a limited partner in a retail business that was sued by a customer who fell in the
store. The customer claimed the business was negligent in caring for its floors. Which
statement best describes Jill’s potential liability?
a. Jill has no potential liability to the customer.
b. Jill can be held personally liable to the customer since she is a partner.
c. Jill can only be liable to the amount of her investment.
d. Jill is personally liable, but the woman must first collect from the general partners
before collecting from Jill.
An intentional tort involves conduct in which:
a. the defendant intended to harm the plaintiff.
b. the defendant intended a certain physical act which ends up injuring someone.
c. injuries are caused to someone because of the defendants neglect or oversight.
d. there is resulting punishment, including prison, for the defendant.
Phillip was waiting for a bus at a bus stop. Across the street and down the block, a
mechanic negligently overinflated a tire he was intending to put onto Marshas pickup
truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran
down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic.
In applying the Palsgraf v. Long Island Railroad Co. decision to this case, Phillip
would:
a. win because the mechanic was negligent in overinflating the tire, which led to
Phillips injury.
b. win based on negligence per se.
c. lose because the court would apply the doctrine of res ipsa loquitur.
d. lose because, although the mechanics conduct was negligent toward Marsha, it was
not a wrong in relation to Phillip, who was far away. The mechanic could not have
foreseen injury to Phillip and therefore had no duty to him.
The Kelo v City of New London case dealt with the issue
a. Whether the government could condemn private land for private developers.
b. Whether the government could condemn private land.
c. Whether the government had a right to an easement on private land.
d. Whether a fair price was being paid for Mrs. Kelos land
Defining a corporation with such information as the corporate name, the number and
type of authorized shares of stock, identification of the purpose and the agent, is done
through the:
a. charter.
b. articles of incorporation.
c. certificate of organization.
d. All of the above. All of these terms are used to identify the same document.
Quid pro quo means:
a. “one thing for another
b. “let the status remain
c. “for the common good
d. “fairness in all things
With non-negotiable commercial paper, a transferees rights are conditional.
United States suffers trade deficits every year because the value of its imports
exceeds that of its exports.
Mary was suspicious of her neighbor, whom she thought was involved in selling illegal
drugs. One day Mary arrived at her apartment and saw a large paper sack tied up with
string in front of her neighbor’s door. She took the bundle into her apartment, opened it,
and discovered it was full of cocaine. She called the police and the neighbor was
arrested. The neighbor’s lawyer claimed the evidence had been illegally obtained since
no probable cause existed to justify opening up the paper bundle.
The plaintiff in a disparate treatment case must prove that an employer or potential
employer discriminated against her because of her sex, race, color, religion, or national
origin.
Expectation interest can best be described as money spent in reliance upon the
agreement.
If Casey assigns her rights to receive income from rental property to Errol, then Errol
will legally acquire any rights held by Casey to the income.
The NLRB guarantees the employees the right to talk among themselves about forming
a union.
The NLRA requires the union and the employer to reach an agreement through
good-faith collective bargaining.
The difference between an inter vivos gift and a gift causa mortis is that the inter vivos
gift is made during the donor’s lifetime and a gift causa mortis is a gift is made after the
donor’s lifetime by the donor’s estate.
In order for the government to obtain a criminal conviction, it must prove its case
beyond a reasonable doubt.
A union shop means the employer can hire anyone they choose but once hired an
employee must join a union.
After a meeting with his advisor to register for a class at State University, Ron forgot
his calculator in the dean’s outer office. Theresa, another student, found the calculator.
The calculator is treasure trove and Theresa may keep it.
Dan was arrested and taken to an interrogation room for questioning. After signing a
statement waiving his Miranda rights, he agreed to answer questions without a lawyer.
After about ten minutes, he told the officers he changed his mind and wanted to talk to a
lawyer before answering any more questions. The officers left the room and then came
back in. They told Dan that his partner was confessing to the crime and that, “If your
partner confesses first and makes a deal, you’re the one who’s going to go down for
this.” Dan looked at them without saying anything. After a minute, the officer began
questioning Dan again and he confessed to the crime after about an hour. Is this
confession admissible?
Identify some of the trends and characteristics of organized labor. For example, discuss
how the statistics compare for percentage of government vs. private sector employees
with union membership, what occupational groups and industries have the highest
percentage of unionized workers, and what regions of the country have the highest and
lowest union membership.
Eminent domain is the power of the government to regulate building and land use