The Securities and Exchange Commission has both quasi-legislative and quasi-judicial
powers.
Answer:
The news media and the Internet make it increasingly difficult to hide the questionable
behavior of large organizations.
Answer:
The World Trade Organization is the only global international trade organization
dealing with the rules of trade between nations.
Answer:
Companies can be considered authors under copyright law.
Answer:
Rule 50 of the Federal Rules of Civil Procedure authorizes the imposition of fines for
filing frivolous papers.
Answer:
According to the doctrine of the exhaustion of remedies, judicial review is available
only for final actions by an agency.
Answer:
A jury should treat anything said in an opening statement by an attorney as evidence
when deciding the verdict of a trial.
Answer:
The doctrine of exhaustion of remedies creates a premature interruption in the
administrative process.
Answer:
Defamation is the publication of untrue statements about another that hold up that
individual’s character or reputation to contempt and ridicule.
Answer:
A tippee is liable for trading or passing on information that is public.
Answer:
Judicial review of voluntary/contract-based arbitration requires a de novo review of the
interpretation and application of the law by the arbitrators.
Answer:
According to Adam Smith, leading a good life means being solely concerned about the
fortunes of oneself.
Answer:
Shelly is a week late in paying her rent. She requests her landlord, Craig, not charge her
the late payment fees, and Craig agrees. This is an example of a waiver.
Answer:
Common property applies to public resources owned by the government (or ‘state”) like
roads, public buildings, public lands, and monuments.
Answer:
Exclusive right is primarily an ethical or moral end in itself.
Answer:
LinkedIn is an example of a service mark.
Answer:
Judicial restraint jurists view the role of a lawyer and the practice of law as that of
social reform.
Answer:
A typical state act makes it an unfair employment practice for any employer to refuse to
hire or otherwise discriminate against any individual because of his or her race, color,
religion, national origin, or ancestry.
Answer:
Rules related to court-annexed mediation are federally mandated.
Answer:
In society at large, the sharing of moral values hinders social cooperation and increases
social control.
Answer:
According to the social contract theory, though there may be social and economic
inequalities, these inequalities must be based on what a person does, not on who a
person is.
Answer:
The World Trade Organization does not have the power to hear disputes involving
member states.
Answer:
Consequentialism concerns itself with the morality of the actions themselves.
Answer:
The Magnuson-Moss Warranty Act requires the Federal Trade Commission to issue
rules regarding warranties for consumer products.
Answer:
The threat of sanctions usually results in compliance with the requirements of law.
Answer:
State antidiscrimination laws cannot protect categories of persons not protected by
federal law.
Answer:
An employer can plead undue hardship, defined as an action requiring significant
difficulty or expense, as a reason for not accommodating the needs of disabled
employees.
Answer:
The grand jury attempts to determine if the accused is guilty of a crime.
Answer:
Innocently acquiring a secret from another without knowledge of their theft is generally
misappropriation.
Answer:
Judges in future cases are not as likely to follow the dicta in prior cases as they are the
holdings.
Answer:
Employers can only enforce a covenant not to compete if they have a valid business
purpose for doing so.
Answer:
In jury selections, challenges for cause are also called peremptory challenges.
Answer:
The law prohibits the sale of worthless securities.
Answer:
Litigation precludes the use of alternative dispute resolution techniques.
Answer:
Under the Wagner Act, any organization of employees must be completely independent
of their employers.
Answer:
A major area of litigation involving freedom of the press involves defamation.
Answer:
Which of the following statements is true about the right of a police officer to search a
person, automobile, or premises?
A. Officers carrying out a search are usually excused from providing evidence of a
crime to court to obtain search warrants.
B. Officers making an arrest need a search warrant to search the immediate area around
that person for weapons.
C. The right to search for evidence is extended to the premises of persons who are
innocent of criminal conduct.
D. Building inspectors have the right to inspect for building code violations without a
warrant even when the owner of the premises objects.
E. A warrantless inspection of commercial premises is unconstitutional and violates the
Fourth Amendment.
Answer:
The ______ regulates transfers of securities after the initial sale.
A. Securities Exchange Act of 1934
B. Sherman Antitrust Act of 1890
C. Sarbanes-Oxley Act of 2002
D. Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
E. Securities Act of 1933
Answer:
The decision handed down by an arbitrator in a hearing is called a(n) _____.
A. submission
B. award
C. verdict
D. judgment
E. summon
Answer:
Rico has been trying hard to get a certain building contract for his company. He talks to
the government official who is managing the building contract allotment. Rico promises
the official a ‘treat’ if he directs the contract to Rico’s company. Rico can be found guilty
of ______.
A. aiding and abetting
B. money laundering
C. bribery
D. embezzlement
E. larceny
Answer:
Which of the following statements is true of the Pregnancy Discrimination Act?
A. It covers only married pregnant women.
B. It requires an employer to provide coverage for abortion if an employee develops
medical complications because of an abortion.
C. It requires an employer to specify how long a leave of absence must be taken after
childbirth.
D. It determines the amount of money an employee should receive on her maternity
leave.
E. It bars the inclusion of the pregnancies of male employees’ wives in the employer’s
health insurance plan.
Answer:
Which of the following specifically prohibits the race norming of employment tests?
A. the Lilly Ledbetter Fair Pay Act amendments of 2009
B. the Equal Pay Act amendments of 1963
C. the Civil Rights Act amendments of 1991
D. the Americans with Disabilities Act amendments of 2008
E. the Rehabilitation Act amendments of 1973
Answer:
If a state case does not involve a federal question, _____.
A. the decision of the highest state court is not subject to review by the Supreme Court
B. it falls under the diversity of citizenship jurisdiction
C. the judgment delivered can qualify for a petition for a second review by the Supreme
Court
D. it has to be handled by a small-claims court
E. the decision of a state trial court is final and not subject to review
Answer:
Race norming is the practice of
A. setting a quota designed to balance the racial mix of an employer’s workforce.
B. providing lessons in English to non-English speaking employees.
C. setting two different cutoff test scores for employment based on race.
D. firing white employees to accommodate new black hires.
E. providing more promotion opportunities to members of a particular race at the
expense of the others.
Answer:
A trademark becomes ______ when, through the owner’s actions or another’s
inappropriate use, the mark becomes synonymous in the consumers’ mind with the
name of the goods or services.
A. infringed
B. copied
C. generic
D. distinctive
E. substituted
Answer:
______ authorized the National Labor Relations Board to hold hearings on unfair labor
practices and correct wrongs resulting from them.
A. The Railway Labor Act
B. The Wagner Act
C. The Sherman Act
D. The Clayton Act
E. The Federal Arbitration Act
Answer:
A ______ is one between a manufacturer and a dealer, which assigns the dealer an
exclusive territory, and the manufacturer agrees not to sell to other dealers in that
territory in exchange for an agreement by the dealer that it will not operate outside the
area assigned.
A. vertical territorial agreement
B. conglomerate territorial agreement
C. congeneric territorial agreement
D. tying territorial agreement
E. per se territorial agreement
Answer:
A lawsuit that is totally lacking in merit is said to be _____.
A. consequential
B. peremptory
C. dogmatic
D. cognizable
E. frivolous
Answer:
In the United States, the counterpart of expropriation is called the ______.
A. procedural due process
B. due process clause
C. power of eminent domain
D. power of judicial restraint
E. establishment clause
Answer:
A prospectus is filed during the
A. prefiling period.
B. waiting period.
C. pre-effective period.
D. posteffective period.
E. elimination period.
Answer:
Which of the following is one of the primary reasons for the increase in the number of
mediations?
A. The disputing parties in the mediation process retain control over when to settle.
B. Outcomes of mediations are legally binding.
C. The mediators in the mediation process are selected by the Supreme Court.
D. Lawyers play a more active role in the mediation process when compared to
arbitration.
E. The mediation process involves a mediator and only one of the disputing parties.
Answer:
The ______ function of an administrative agency involves both fact-finding and
applying law to the facts.
A. adjudicating
B. advising
C. rule-making
D. investigating
E. policy making
Answer:
The Equal Employment Opportunity Commission is composed of ______.
A. two members
B. three members
C. six members
D. nine members
E. five members
Answer:
One of the applications of proximate cause doctrine to cases where a plaintiff sues for
negligence require:
A. the plaintiff and a defendant to agree to an arbitration.
B. the injury to be caused directly by a defendant’s negligence.
C. the injury to be caused by a defendant’s comparative fault.
D. the plaintiff to prove a defendant’s contributory negligence.
E. a defendant to prove that he or she assumed the risk voluntarily.
Answer:
Delltrix Corp., a customer support provider, needs operators who are bilingual in
English and Spanish. A few applicants of Spanish origin are rejected because of their
poor English language proficiency. The applicants file a disparate impact case with the
Equal Employment Opportunity Commission against Delltrix on the grounds of
discrimination based on nationality. Which of the following defenses is Delltrix most
likely to use in this case?
A. the defense of undue hardship
B. the contributory negligence defense
C. the comparative negligence defense
D. the assumption-of-risk defense
E. the business necessity defense
Answer:
In constitutional law, the idea that courts should understand the meaning of the
Constitution relative to the times in which they interpret it is known as _____.
A. constitutional holding
B. legal realism
C. legal originalism
D. constitutional relativity
E. constitutional governance
Answer:
The Environmental Protection Agency (EPA) regulates civil aviation to provide safe
and efficient use of airspace.
Answer:
If a buyer from United States enters into a trade deal with a seller from Costa Rica, and
an irrevocable letter of credit is involved, the issuing bank will be located in Costa Rica.
Answer:
Which of the following statements is true of amendments and basic protections?
A. Basic constitutional rights are absolute.
B. Constitutional rights do not vary from time to time.
C. Constitutional rights may be narrowly interpreted during emergencies such as war.
D. Constitutional principles are not reapplied and reexamined during peacetime.
E. Constitutional guarantees exist to protect the majority from the minority.
Answer:
For the Department of Interior, the Endangered Species Act is administered by the
A. Federal Insecticide, Fungicide, and Rodenticide Act of 1947.
B. Environmental Protection Agency (EPA).
C. Toxic Substances Control Act.
D. Federal Environmental Pesticide Control Act of 1972 (FEPCA).
E. Fish and Wildlife Services and the National Marine Fisheries Services.
Answer:
Vincent conveys his land to his friend “as long as it is used for non-commercial
purposes.” A few months later, Vincent finds out that his friend has been using the land
as a parking garage for tourists and charging unreasonable rates. In this case, Vincent’s
friend would most likely be in violation of the ______.
A. remainder interest
B. future interest
C. fee simple absolute
D. fee simple defeasible
E. reversion interest
Answer:
Which of the following is the key difference between conditions subsequent and
conditions precedent?
A. timing of the duty to perform
B. number of parties involved in a contract
C. duration of performance
D. quality of performance
E. divisibility of contract
Answer:
_____ of the U.S. Constitution provides that judicial power be vested in the Supreme
Court and such lower courts as Congress may create.
A. The due process clause
B. The First Amendment
C. Article III
D. The Fifth Amendment
E. Article VII
Answer:
The ______ of 1974 places constraints on how certain kinds of information collected by
the federal government can be used and limits those to whom the information may be
released.
A. Fair Credit Reporting Act
B. Clayton Act
C. Sherman Act
D. Sarbanes-Oxley Act
E. Privacy Act
Answer:
Which of the following is essential if limited partners are to be assured of their limited
liability?
A. substantial compliance with all the technical requirements of the limited partnership
law
B. signing an agreement according to the limited liability law to dissolve a partnership
whenever a member withdraws
C. using a limited partner’s surname in a partnership’s name
D. inclusion of a limited commerce clause in the partnership agreement
E. participation in an organization’s management
Answer:
Within how many days must an employee file charges of illegal discrimination with the
Equal Employment Opportunity Commission after notice of the unlawful practice?
A. 90 days
B. 120 days
C. 180 days
D. 365 days
E. 60 days
Answer:
Explain the significance of the general counsel in an administrative agency.
Answer:
Briefly explain divisibility of performance.
Answer:
What are administrative agencies? What are the two types of administrative agencies?
Answer:
How are taking, public use, and just compensation determined in the context of the
takings clause?
Answer:
Paul is a manager at National Banks. One morning, the police received a complaint that
the bank was robbed the previous night. Upon investigation, the police determined that
the bank was robbed with the help of one of the bank employees. Later that day, the
National Banks’ regional security manager requested Paul to take a polygraph
examination in order to eliminate his name from the list of suspects. Paul refused and
sued the bank for breach of privacy. Is the bank justified in asking Paul to take a
polygraph test?
Answer:
What are the four important aspects of amendments and basic protections?
Answer:
The U.S. Citizen and Immigration Services broadly categorizes document abuse into
four categories. List the categories.
Answer:
What are the Fair Debt Collection Practices Act’s restrictions on collection methods of
collection agencies?
Answer:
What are the four grounds that section 10 of the Federal Arbitration Act provides for
vacating an arbitration award?
Answer:
What are industry guides and who issues industry guides?
Answer:
What is the purpose and application of the Alien Tort Statute and how is it applied?
Answer:
What is a right of redemption?
Answer:
What is arbitral misconduct? List five instances of arbitrator misconduct that would
lead to the vacating of an arbitrator’s award.
Answer:
Name the three major rights given to consumers under the Fair Credit Reporting Act.
Answer:
In a personal injury suit, what can a defendant’s attorney request and obtain by using the
discovery methods?
Answer:
What is the capacity of an intoxicated and a mentally incompetent person in a contract?
Answer:
Differentiate between substantive law and procedural law.
Answer: