The first action generally attempted by the EEOC is:
a. litigation.
b. conciliation.
c. mediation.
d. arbitration.
An employer may be liable on the theory of negligent hiring:
a. when it is shown the employer knew the employee would create an undue risk of
harm in carrying out job responsibilities.
b. by hiring an individual with a criminal record.
c. whether or not prospective employees fill out applications forms and are subject to
pre-employment background checks and character qualifications.
d. all of the above.
In reviewing agency action, courts generally apply the:
a. beyond a reasonable doubt€ standard.
b. preponderance of the evidence€ standard.
c. arbitrary and capricious€ standard.
d. rational relationship€ standard.
A system in which a central government is given power to administer to national
concerns and individual states administer to local concerns is called:
a. bicameral.
b. constitutional.
c. federal.
d. tripartite.
Under recent statutes, the articles of incorporation must contain all of the following
except the:
a. name of the corporation.
b. name and address of each incorporator.
c. purpose for which the corporation is organized.
d. number of shares the corporation is authorized to issue.
In general, an acceptance occurs when:
a. a particular form of words is stated to the offeror.
b. a particular mode of expression is made to the offeror.
c. the offeree reserves the right to reject the offer.
d. a clear expression of the offeree€s agreement to be bound by the terms of the offer
occurs.
An absolute privilege is available as a defense to slander liability when:
a. the statement is made to only a few people.
b. libel exists.
c. a witness testifies in a court proceeding.
d. no intent to harm is present.
A debtor is presumed to be insolvent on and during what number of days immediately
preceding the date of the filing of a bankruptcy petition?
a. 30
b. 60
c. 90
d. 120
An agreement is not binding when:
a. one party makes a mistake regarding a material fact.
b. both parties make a mistake regarding a material fact.
c. one party makes a mistake of law.
d. all of the above.
Anyone promoting the sale of a real estate development that is divided into fifty (50) or
more parcels of less than five (5) acres each must file a(n) __________ statement with
the secretary of Housing and Urban Development.
a. building plan
b. development
c. environmental impact
d. real property
The Electronic Fund Transfers Act (EFTA) does not cover transactions originated by
commercial paper.
Professionals who fail to exercise normal care and skill in the performance of a contract
for their services may be sued for a special type of breach described as:
a. sub par performance.
b. illegal practice.
c. malpractice.
d. competence reservation.
Fraud in the inducement is a:
a. limited defense not available against a holder in due course.
b. universal defense available against all holders.
c. limited defense available against all holders.
d. universal defense not available against a holder in due course.
Property may be taken from its private owner and the title acquired by the taking
government or public authority under the power of:
a. a restrictive covenant.
b. eminent domain.
c. an affirmative covenant.
d. restraint.
The person who initiates a civil lawsuit is called the:
a. defendant.
b. prosecutor
c. plaintiff.
d. judge.
Which of the following represents a duty owed by a landowner to a trespasser?
a. the duty to refrain from causing intentional harm once the presence of the trespasser
is known
b. the duty to warn the trespasser of dangers existing on the premises
c. the duty to make the premises safe to protect the trespasser from harm
d. none of the above, since a landowner has no legal duty to a trespasser
Characteristics of the fee simple estate include all of the following except:
a. it is alienable during life.
b. it is not subject to rights of the owner’s surviving spouse.
c. it is alienable by will.
d. it can be attached or used to satisfy the owner€s debts before or after the owner€s
death.
The term apparent authority is used when an appearance of authority has been created
by a principal, but actual authority does not exist.
To be engaged in warehousing, an enterprise must have appropriate storage buildings.
Partnership property is only that property contributed by the partners.
If a buyer chooses to cover the substituted goods purchased must be substantially
identical to the contract goods.
Under the United States Supreme Court€s €doctrine of equivalents,€ infringers
may not avoid liability for patent infringement by substituting insubstantial differences
for some of the elements of the patented product or process.
Every limited partnership must have at least one general partner.
You plan to enter the export market with a new product that you have just developed.
You feel that the product has great promise, but you are confused over whether you are
required to obtain an export license. Further, your brother-in-law says that he knows
someone in the Japanese government who could greatly assist you in your endeavors
for a very modest fee. Discuss this situation.
Copyright of a “work made for hire” runs for the life of the creator of the work plus 50
years.