Which of the following defenses to negligence serves as a complete bar to recovery?
a. comparative negligence
b. contributory negligence
c.both a and b
d.none of the above
What might explain why the restaurant isn”t named in the lawsuit?
a. The restaurant owes no duty of safety to customers.
b. Restaurants are never liable for the criminal activities of third parties.
c.There had never been an injury in the outside area of the restaurant.
d.That there was assumption of risk on Ms. Leitch’s part.
states provide a qualified privilege for letters of recommendation.
a. All
b. No
c.A few
d.Nearly all
A salesperson who recommends a fertilizer to a customer for the customer’s described
purposes is not making a
warranty.
a. True
b. False
Lying by an employee on an employment application is a complete defense to a later
charge of discrimination by that employee.
a. True
b. False
The SEC conducts a merit review of its filed registrations.
a. True
b. False
Ethics are key to the success of economic systems.
a. True
b. False
Who is liable for the remaining amount due for the clean-up?
a. Marcantuone and Gieson
b. Lessees of the dry-cleaning establishment
c.Previous owners of the property
d.all of the above
Cosco Chemical, a U.S. corporation, operates a fertilizer plant in Honduras. An
explosion at the plant killed 30 workers and injured 573 residents from the surrounding
areas. Lawyers for the victims and their families have brought suit in federal district
court in Texas, Cosco’s state of incorporation and base of operations. The lawyers
maintain the suits should be heard in the United States under U.S. standards. Under the
law in Honduras, the greatest amount of compensation each victim could recover would
be $400. The suit:
a. can be properly heard in U.S. federal district court in Texas.
b. must be dismissed for lack of a cause of action.
c.must be returned to the courts in Honduras.
d.can only be heard in the International Court of Justice.
The White-Collar Criminal Penalty Act of 2002 is known as the King Pin Act.
a. True
b. False
Predicate offenses under RICO are theft, burglary, and arson.
a. True
b. False
Ralph Newsome is an employee at Quest Industries. In the men’s room he overhears
two officers discussing a merger that they say will be announced in two days. Ralph
purchases 1,000 shares of Quest. When the merger is announced, Quest’s stock has a
15% bounce in value.
a. Ralph has engaged in insider trading.
b. Ralph simply overheard a conversation and can trade on that information.
c.Ralph is not an officer and can trade in advance of announcements.
d.none of the above
USENET.com is a United Nations information service.
a. True
b. False
The Restatement of Agency has been adopted in all states.
a. True
b. False
Which of the following is an example of an express warranty?
a. “Guaranteed to bring the most happiness to any home.”
b. “Simply the best donut you’ll ever eat.”
c.”Brings friends running to you.”
d.none of the above
Right-to-work states outlaw closed shops.
a. True
b. False
Fair trade laws are still in effect in many states.
a. True
b. False
What will Ms. Leitch use to establish duty in her negligence case against the city?
a. That the city was aware of the stray bullet problem but did not issue warnings.
b. That the city did not control stray gun fire.
c.That the city allowed outdoor areas in restaurants there.
d.That the city did not prohibit guns in the streets.
Licensing and inspection are the only enforcement tools of administrative agencies.
a. True
b. False
The contact lens company, Here’s Clear Eye, sold thousands of pairs of contact lenses in
Kenya. The lenses were defective and resulted in severe eye infections, and in 156
cases, blindness. The purchasers of the lenses who bring suit in Kenya will be entitled
to recover their purchase price, attorney fees and medical bills. Kenya does not permit
recovery for pain and suffering nor for permanent injury. Several of the purchasers who
are blind have brought suit in South Carolina, the home of Here’s Clear Eye. South
Carolina permits recovery for permanent injury as well as punitive damages. The
average recovery in Kenya for the purchasers is $600. A lawyer for the purchasers from
Columbia, South Carolina estimates the average verdict will be $600,000. Which of the
following statements is true?
a. The Kenya purchasers may use the South Carolina courts because their remedies in
Kenya are inadequate.
b. The South Carolina cases will be dismissed on the grounds of forum non conveniens.
c. The Kenya purchasers can recover only punitive damages in South Carolina.
d. The Kenya purchasers can recover only for permanent injuries in South Carolina.
Public figures:
a. can never have an action in defamation.
b. lose their defamation action rights if the remark or information is part of a story.
c.can seek a retraction, but can never recover damages for defamation.
d.must establish malice in order to recover damages for defamation.
The U.S. sanctions against trade with Iran are an example of a unilateral trade sanction.
a. True.
b. False
“Drive my car to Albuquerque, and I’ll pay you $500,” is not a valid offer.
a. True
b. False
Insider trading rules apply only to officers and directors.
a. True
b. False
Electronic eavesdropping is not a crime.
a. True
b. False
If the EPA cleans up a toxic waste site, the cost of a cleanup can be recovered from the:
a. owner.
b. party who dumped the waste.
c.Superfund.
d.all of the above
When a case is remanded:
a. it is affirmed.
b. it is sent back to the trial court.
c.it is completed.
d.precedent is not being followe
d.e. none of the above
Which of the following is NOT true of long-arm statutes?
a. they are state jurisdiction statutes
b. they are not subject to federal review
c.they vary from state-to-state
d.all of the above are not true
Group boycotts are perseviolations.
a. True
b. False
Trademark registration in the United States is good only in the United States.
a. True
b. False
OSHA:
a. is the agency responsible for ensuring safety in the workplace.
b. has no inspection authority.
c.covers employers with three or more employees.
d.none of the above
Which of the following is/are governed by the UCC?
a. a contract for the sale of water
b. a contract for the sale of extracted oil
c.a contract for the sale of barges
d.All of the above are governed by the UCC.