Which of the following would probably not be required of employers to reasonably
accommodate for religious beliefs?
a. flexible scheduling.
b. closing the business on Sundays.
c. reassigning employees within the company.
d. allowing employees to switch work schedules.
When the per se standard applies, the plaintiff:
a. needs only to prove the existence of the conduct.
b. must prove that the activity was an unreasonable restraint of trade.
c. must show that there was an anti-competitive impact.
d. None of the above.
Deborah purchased a boat from Sun N Surf Marine. She later learned that the salesman
had made misrepresentations to induce her to make the purchase. Under UCC Section
2-721, Deborah can rescind the contract:
a. only if the misrepresentation was fraudulent.
b. and sue for damages whether the misrepresentation was fraudulent or innocent.
c. but cannot sue for damages if the misrepresentation was innocent.
d. but must forego all other remedies.
The fastest growing method of dispute resolution in the United States is:
a. arbitration.
b. negotiation.
c. mediation.
d. litigation.
Affirmative action programs have arisen from all of the following except:
a. Title VII requirements
b. Litigation
c. Voluntary employer action
d. Government contracts
Martin, Leah, and Pablo are considering forming a business. What factors should they
consider in making a choice of organization?
a. Ease of creation and operation.
b. Whether there is personal liability for the owners.
c. How the owners will be taxed.
d. All of the above.
Southern Bar-B-Q owns a special, secret recipe for sauce which it guards because it
gives the restaurant a competitive advantage. If Mort willfully misappropriates the
recipe, a court may hold him liable to Southern for double damages.
The name “Johnson cannot be a trademark because a surname is already being used and
other people have the right to continue to use the name.
Jones contracts to buy a computer from Martin for $1500. The contract calls for Martin
to service the computer quarterly for the first year and to tutor Jones on how to use the
software. Is this contract covered by the UCC or common law?
Identify four circumstances that might persuade a court to pierce the corporate veil.
Limited liability is a major advantage of a partnership as compared to a corporation.
What are the three main purposes of the federal Bankruptcy Code? How are these
purposes supported and fostered in the Code?
Palsgraf v. Long Island Railroad Co. addressed the issue of furnishing alcohol to
minors.
The prohibition against wrongful discharge prohibits an employer from firing a worker
for a bad reason.
Explain when presentment warranties apply. Identify the presentment warranties on a
check and a promissory note.
It would be permissible to ask a woman about child care arrangements.
A contractor used dynamite to loosen a rocky hillside. The blast from the dynamite
caused a house foundation to crack. The house was located over a half-mile away from
the dynamite site. The contractor was careful when using the dynamite and no
allegation of negligence is made. However, the house owner claims the contractor is
liable for damage to the foundation. Is the house owner correct? Explain.
A principal is bound by contracts that an agent enters into with authority. Discuss the
various types of contractual authority an agent may have.
An auditor suspects its client is committing illegal acts that will have a material impact
on its financial statements. What is the auditor legally required to do and under what
circumstances would the auditor directly notify the SEC?
If you lease a car rather than buy one on credit, you have no statutory consumer
protection.
Crown Bakeries, Inc. has an insurable interest in Brian, its head pastry chef.
One of the accountant’s most important roles is to serve as an independent evaluator of
the financial statements issued by management to investors and creditors.
April purchased a life insurance policy on herself. On her death, the proceeds of the
insurance were to be paid to her minor child, Ryan. Ryan is the beneficiary.