JD 741

subject Type Homework Help
subject Pages 9
subject Words 1197
subject Authors Henry R. Cheeseman

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It is legal for a union to begin a strike thirty days after it has informed the employer
about the strike.
A deceased joint tenant's will is effective over the right to survivorship.
A contract made by a person who has not yet been adjudicated to be mentally
incompetent is considered void.
Despite their interest in a lawsuit, third parties may not become parties to the lawsuit.
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The statute of limitations for all lawsuits in the United States is two years.
The Comprehensive Environmental Response, Compensation, and Liability Act is
commonly called the Superfund.
An agent owes a fiduciary duty not to act adversely to the interests of the principal.
If a buyer breaches a sales contract before the seller has delivered the goods, the seller
cannot recover damages from the buyer.
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A joint venture is an arrangement in which two or more business entities combine their
resources to pursue an ongoing business operation.
The Labor Management Reporting and Disclosure Act, enacted in 1950, gives
employers the right to engage in free-speech efforts against unions prior to a union
election.
The parties to a contract for the licensing of information owe a duty to perform the
obligations stated in the contract.
A plaintiff who believes that he or she has been injured by the defendant can file a
cross-complaintagainst the defendant.
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An environmental impact statement (EIS) can be challenged in court by
environmentalists and other interested parties.
The act of state doctrine allows the citizen of one country to bring a lawsuit in that
country against a law prevalent in another.
Provision of services qualifies as a consideration for an enforceable contract.
How are the justices of the U.S. Supreme Court appointed?
A) They are nominated by the president and confirmed by the U.S. Senate.
B) They are appointed by the president of the United States.
C) They are nominated and confirmed by the Chief Justice of the U.S. Supreme Court.
D) They are nominated by the Associate Justices and confirmed by the Chief Justice of
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the U.S. Supreme Court.
Robert steals a truckload of plasma televisions that belong to Karson Electronics Store.
He then resells it to Stu-Mart, which is unaware of the stolen nature of the goods.
Karson Electronics Store then traces the plasma televisions to Stu-Mart. Robert is also
arrested for the theft. Which of the following is true for Karson's legal course for
reclaiming the televisions or recovering damages?
A) Stu-Mart is a good-faith purchaser here and as such does not have to hand over the
televisions to Karson.
B) Stu-mart must hand over the televisions to Karson as its title to the goods is void.
C) Karson's only recourse is against Robert to claim damages.
D) Karson's cannot reclaim the goods, but can sue Stu-Mart for negligence and
damages.
Which of the following is a necessity to bring a private civil action against a violator of
Racketeer Influenced and Corrupt Organizations Act (RICO) based on securities fraud?
A) The accountant must not be a third-party independent contractor.
B) The defendant has to be first criminally convicted in connection with the securities
fraud.
C) The plaintiff should file the case before the government brings a lawsuit.
D) The defendant has to be tried by the application of the Section 32(a) of the Securities
Exchange Act of 1934 first.
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Which of the following is true of the national ambient air quality standards (NAAQS)?
A) The federal government has the right to enforce the air pollution standards if the
states fail to do so.
B) The state governments are responsible for setting air quality standards in their
respective states.
C) Human beings are protected under the secondary level of the NAAQS.
D) Only standards for oxides of elements and articulate matter are evaluated under the
NAAQS.
The Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) forbids
its member nations to enter into treaties with countries in Central America that are not
part of the DR-CAFTA.
An employee who has been dismissed improperly accepts a job that is not comparable.
Which of the following can be a subsequent course of action?
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A) The employee can sue the prior employer for damages.
B) The previous employer must offer salary compensation on a monthly basis, until the
employee's new salary becomes comparable to the compensation at the previous job.
C) The employee can sue the prior employer to recover his or her salary for one year.
D) The employee can take no legal action against his or her prior employer after
accepting a different job.
An actor wins a part in a play over another actor. To get back at the selected actor, the
rejected actor files a lawsuit against the selected actor alleging intentional infliction of
emotional distress, defamation, and negligence. The jury returns a verdict exonerating
the defendant. The defendant is now entitled to sue the plaintiff for ________.
A) tort of outrage
B) malicious prosecution
C) intentional misrepresentation
D) misappropriation of the right to publicity
A person who is to receive life insurance proceeds when the insured dies is known as a
________.
A) donor
B) bailee
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C) beneficiary
D) notary
Which of the following hold true in a case of liquidated damages?
A) For liquidated damages to be lawful, the actual damages must be precisely
determined.
B) Liquidated damages are enforceable even if actual damages are later determined to
be different.
C) A liquidated damages clause is considered a penalty if actual damages are not
determinable in advance.
D) If a liquidated damages clause is found to be a penalty, it continues to be
enforceable.
________ is the process whereby the judge and attorneys ask prospective jurors
questions to determine whether they would be biased in their decisions.
A) Consolidation
B) Trial of fact
C) Voir dire
D) Intervention
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What is the first step in examining a legal case using IRAC method?
A) application of the law to the facts of a case using critical thinking
B) identification of a legal issue that is to be answered
C) identification of the law that is to be applied to a case
D) reaching a conclusion

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