Neville files a suit against Olina. If Olina fails to respond,
a. Neville must appeal the case to a different court.
b. Olina’s failure to respond will be considered to be a denial.
c. Neville will not be awarded the remedy sought.
d. Olina will have a default judgment entered against her.
Answer:
Otto is considering forms of business organization for Pro Tree Service, his landscaping
firm. Like most states, Otto’s state requires that to form a limited liabilÂity company, he
must file with a central state agency
a. articles of certification.
b. articles of formation.
c. articles of organization.
d. no specific documents.
Answer:
Nonny agrees to buy a unique collection of Olympics memorabilia for $7,000 from
Piper and sends $1,500 as a down payment. When Nonny sends Piper the rest of the
price, she refuses to ship the collection. Nonny should seek
a. damages.
b. quasi-contractual recovery.
c. rescission.
d. specific performance.
Answer:
Lewis wants to file a suit against Mikayla. Before any court can hear the case
a. the parties to the dispute must agree.
b. the court must have jurisdiction.
c. the court must issue a deposition.
d. the parties must own property.
Answer:
Norma files a petition in bankruptcy. She turns her assets over to O’Brien, who sells
them and then distributes the proceeds to Norma’s creditors. O’Brien is a
a. preferred creditor.
b. bankruptcy court judge.
c. bankruptcy trustee.
d. debtor.
Answer:
Gem programs software to prompt a computer to continually crash and reboot. Gem
intends to install this program on various companies’ computer systems without the
companies’ knowledge. The program can reproduce itself, but must be attached to a host
file to travel from one computer network to another. This program is a
a. hacker.
b. botnet.
c. virus.
d. worm.
Answer:
Lumber Mill Inc. is a private employer with more than twenty employees. Its
employment practices do not indicate a past pattern of discrimination. It is located in
Metro City, which has recently seen an increase in the number of its citizens who are
members of protected classes. Under the Civil Rights Act of 1964, Lumber Mill is
a. required to promote diversity in its workplace, but not to implement an affirmative
action policy.
b. not required to implement an affirmative action policy.
c. required to implement an affirmative action policy until the number of its minority
employees is proportional to the number of minority individuals in Metro’s labor pool.
d. required to implement an affirmative action policy that considers race merely as a
plus factor.
Answer:
Wendy works as a weather announcer for a TV station under the character name
Weather Wendy. Wendy can register her character’s name as
a. a certification mark.
b. a trade name.
c. a service mark.
d. none of the choices.
Answer:
Fact Pattern 3-1
Morsels Restaurant, Inc., and Nature Foods Corporation dispute a term in their contract.
Refer to Fact Pattern 3-1. A faster settlement of the dispute between Morsels and Nature
may be reached through
a. arbitration because the case will be heard by a mini-jury.
b. litigation because few disputes actually go to trial.
c. mediation because the parties can minimize the procedural rules.
d. negotiation because the dispute will be resolved by an expert.
Answer:
Oak Forest Homes, Inc., includes, on the map of a twenty-lot develÂopÂment, a
restriction that limits construction on each lot to one single-family house. Oak Forest
files the map in the appropriate public office. In each lot’s deed is a reference to the map
and a provision that each buyer ‘and his or her successors, heirs, or assigns’ are bound to
it. Pablo buys one of the lots and later sells it to Quito. With respect to the restriction,
Quito is
a. bound.
b. not bound, because Quito is not a ‘successor, heir, or assign.’
c. not bound, because Quito is not the original buyer of the lot.
d. not bound, because of a lack of sufficient notice.
Answer:
Deb buys a song through eSongs, an online music vendor. Before completing the
purchase and downloading the song, Deb must review a provision stating that she will
not make and sell copies of the song and is required to click ‘I agree.’ This provision is
a. a browse-wrap term.
b. a click-on agreement.
c. a shrink-wrap agreement.
d. none of the choices.
Answer:
Greg is an employee of Hiway Transportation Corporation. Greg tweets messages about
the company to employees and outside interested parties, including investors and
others. According to the Securities and Exchange Commission, Greg’s messages are
subject to the antifraud provisions of
a. federal securities laws.
b. international communications law.
c. generally accepted tweet rules.
d. no law.
Answer:
The National Park Service hires Outdoor Play, Inc., to replace outdated playground
equipment in a handful of national parks. For this action, an environmental impact
stateÂment is most likely
a. prohibited because the action does not affect the environment.
b. required because the action is ‘federal.’
c. unnecessary because the action is not ‘major.’
d. voluntary because the action does not affect the environment.
Answer:
Recent advances have fostered the growth of a relatively new industry to profit from
crime. Statistics show that criminals have learned it is easier, less risky, and more
profitable to
a. rob banks using traditional means.
b. steal via the Internet.
c. engage in legitimate activities such as stock trading via the Internet.
d. sell their stories to movie, music, and TV producers or video-game makers.
Answer:
After extensive collective bargaining, Rubber Workers Union and Super-Valu Tire
Company cannot agree on terms. The union may
a. call a strike.
b. file an unfair labor practice complaint with the National Labor Relations Board.
c. file a suit in the appropriate federal court.
d. petition the president of the United States, who has eighty days to make a decision.
Answer:
On behalf of Bobble Head Manufacturing Company, Carmela types her name at the
bottom of an e-mail purchase order and submits the order to Designer Parts Company.
Under the UETA, Carmela’s typed name qualifies as
a. a ‘signature.’
b. a statement of future intent.
c. an assignment.
d. a preliminary negotiation.
Answer:
Fact Pattern 2-1
Martin files a suit against Nichelle in a state court over payment due on a short-term
employment contract. The case proceeds to trial, after which the court renders a verdict.
The case is appealed to an appellate court.
Refer to Fact Pattern 2’“1. After its review of Martin v. Nichelle, the appelÂlate court
upholds the lower court’s verdict. The appellate court has
a. affirmed the case.
b. reversed the case.
c. remanded the case.
d. reversed and remanded the case.
Answer:
Fair Trade Company and Good Shipping. Inc., have their dispute reÂsolved in
arbitration. The arbitrator meets with Fair’s representative to discuss the dispute outside
the presence of Good’s representative, before determining the award. If this meeting
substantially prejudiced Good’s rights, a court will most likely
a. do nothing.
b. review the merits of the dispute.
c. review the sufficiency of the evidence.
d. set aside the award.
Answer:
Golf & Tennis LLC makes and sells golf clubs, tennis racquets, and related sporting
goods. By selling its products at prices substantially below the normal cost of
production, Golf & Tennis hopes to drive its competitors from the market. This is
a. market power.
b. predatory pricing.
c. price discrimination.
d. none of the choices.
Answer:
Ross, a research manager for Stock & Bond Investments, Inc., adheres to utilitarian
ethics. Ross will determine that an action is morally corÂrect when it produces the
greatest good for
a. Ross.
b. Stock & Bond Investments.
c. the fewest people.
d. the most people.
Answer:
In 2014, Kelly writes Like the Wind, a novel about marathoners and ultra marathoners.
Kelly does not register the work with the appropriate government office. Under federal
copyright law, Kelly’s work is protected
a. for ten years.
b. for twenty years.
c. for the life of the author plus seventy years.
d. forever.
Answer:
During collective bargaining, the employer and the union are obligated to reach an
agreement.
Answer:
Answer:
Any party who does not receive what he or she considers a fair bargain can argue
mistake.
Answer:
A joint tenant cannot transfer his or her rights by sale or gift without the consent of the
other joint tenants.
Answer:
Nolan contracts with Onsite Games, Inc., to deliver a quantity of video and computer
games to Nolan’s Play+Trade Game Store. At the time for delivery’”just before the
beginning of the annual gift-giving seaÂson’”they disagree over the number, the price,
and the quality of the games. Nolan files a suit against Onsite in a state court. The state
reÂquires that the dispute be submitted to court-annexed arbitration. What is the
difference between voluntary arbitration and court-annexed arbiÂtration? If the disÂ-
pute is not resolved, or if either party disagrees with the decision of the arbiÂtrator, will
a court hear the case? Explain.
Answer:
Healthy Harvest Company runs a candy and fruit processing and packaging plant. Most
of Healthy Harvest’s business is done during holiday seasons, especially between
Halloween and New Year’s Day, and in the spring. The company hires a large temporary
workforce during its busiest times. Can Healthy Harvest hire noncitizens for its
temporary, seasonal work? If so, what procedures must the employer follow to do this
hiring? If not, how can Healthy Harvest be assured that it is hiring only citizens?
Answer: