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A 911 emergency response service needs operators who are bilingual in English and
Spanish. A few applicants of Spanish origin are rejected due to their poor
English-speaking skills. They file a complaint on the grounds of discrimination based
on nationality. Their complaint is quashed. Here, the defense of the federal government
is on the grounds of:
A. undue hardship.
B. inculpatory evidence.
C. exclusionary rule.
D. circumstantial evidence.
E. bona fide occupational qualifications.
Courts can use judicial review to change the awards of voluntary arbitration when:
A. either disputing party is dissatisfied with the award.
B. the arbitrator made erroneous rulings during the hearing.
C. the actions of the arbitrator are deemed fraudulent or arbitrary.
D. the arbitrator reached erroneous findings of fact from the evidence.
E. an arbitrator makes a mistake of law during the proceedings.
When a government assumes ownership of confiscated property, it also includes the
process of _____.
A. nationalization
B. expropriation
C. power of eminent domain
D. mortgage
E. exclusion
Jamie works as a barista at Coffee-Ha-Ha, a small chain of three coffee houses, in the
main facility located in Paradise, New Jersey with 60 other employees. He has worked
there full time for 18 months. His wife has called with some bad news. His mother was
driving with Jamie's 10-year-old daughter, Delores, and has had an accident severely
injuring both of them. Jamie has asked his employer for leave under the Family Medical
Leave Act. Which of the following is true?
A. Granting the leave is entirely at the discretion of the employer; the employer does
not permit him the leave as it would hamper the functioning of Coffee-Ha-Ha.
B. Jamie is not entitled to the leave because the number of hours he has worked during
the preceding 12 months is less than what is required by law.
C. Jamie is entitled to leave for taking care of his mother-in-law and daughter,
regardless of his daughters age.
D. Jamie is only entitled to the leave to take care of his daughter.
E. The provisions of this Act apply only to females.
Which of the following is most likely to be the function of a judge?
A. Determining the relevant facts
B. Presenting evidence to the jury
C. Serving as representative advocates in the courts
D. Applying the law to the facts
E. Arguing the law to the court
Jenna has contracted with Ebenezer to buy his land for $50,000. Jenna has paid the
amount in full. However, Ebenezer has not transferred the land to Jenna. Which of the
following remedies is the court most likely to enforce in case Jenna files a suit?
A. Arbitration
B. Consequential damages
C. Rescission
D. Liquidated damages
E. Specific performance
Implied-in-law contracts are also known as _____.
A. reciprocal contracts
B. quasi-contracts
C. express contracts
D. bilateral contracts
E. unilateral contracts
Which of the following is a disadvantage of partnerships?
A. The cost of formation is high.
B. They are based on consensual contracts.
C. They are subject to more governmental supervision than corporations.
D. A partnership needs to obtain a license if it wishes to operate in more than one state.
E. A partnership will be dissolved any time a partner leaves the partnership.
When a court finds that the shareholders of a corporation are using the corporate
structure to shield themselves from liability when acting for purely personal purposes,
the court may disregard the corporate structure and impose personal liability on the
shareholders treating them like partners. This is called:
A. cracking the corporate shell.
B. piercing the corporate veil.
C. breaking the corporate shield.
D. breaching the corporate defense.
E. rupturing the corporate law.
Luke, Rocky, Nelly, and Mario are graffiti artists who belong to a minority community.
They spray paints on a public wall in their city. They create designs and paintings on
the wall depicting political and social issues that affect their community. This way, they
protest against unfair practices. Which form of first amendment protection are these
artists engaging themselves in?
A. Freedom of the press
B. Freedom of religion
C. Freedom of speech
D. Establishment clause
E. Free exercise clause
In case an offeror withdraws his/her offer, it is called _____.
A. rejection
B. reversion
C. novation
D. revocation
E. triangulation
The Clean Water Act:
A. sets goals and timetables to eliminate water pollution.
B. directs the EPA to set maximum drinking water contaminant levels.
C. mandates permits to discharge pollutants from non-point source.
D. mandates permits for industrial, but exempts municipal, dischargers.
E. regulates non-point source pollution,
Which of the following is true of a grand jury?
A. A grand jury attempts to determine if the accused is guilty or innocent.
B. A grand jury also serves to be an investigative body.
C. A grand jury consists of sixteen citizens.
D. A grand jury presents the evidence to determine the guilt of the accused.
E. A grand jury consists of a group of bureaucrats and lawyers.
The largest union in the U.S. is the:
A. AFL-CIO.
B. United Auto Workers.
C. Teamsters Union.
D. National Education Association.
E. Industrial Workers of the World
In most cases, an arbitrator's award:
A. needs to set forth the legal reasons for the result.
B. needs to set forth the findings of fact.
C. needs to set forth the specific credentials of the arbitrator.
D. needs not set forth any specific facts, law, or reasons.
E. needs to set forth the names of the parties.
_____ are punishable by a fine or jail sentence of less than one year.
A. Felonies
B. Conspiracies
C. Frauds
D. Misdemeanors
E. Disparagements
If the judge agrees with the decision of the jury, he will enter the _____.
A. verdict
B. judgment
C. appeal
D. summation
E. deposition
_____ are those issues concerned with wages, hours, and other terms and conditions of
employment.
A. Voluntary bargaining issues
B. Optional bargaining issues
C. Secondary bargaining issues
D. Compulsory bargaining issues
E. Alternative bargaining issues
To prevent multiple taxation of the same property or income of interstate businesses,
taxes are _____.
A. monopolized
B. withheld
C. taken
D. disallowed
E. apportioned
In a _____, a buyer agrees to purchase all of its needs of a given contract from the seller
during a certain period of time.
A. franchise contract
B. instalment contract
C. reciprocal dealing contract
D. tying contract
E. requirements contract
Mediators are similar to arbitrators in that:
A. they can impose binding decisions on the parties.
B. they must be qualified and trained to practice.
C. their decisions can be imposed in a court of law.
D. they operate in cases of federal rather than local importance.
E. they must be disinterested third parties.
Which of the following makes sole proprietorship a less desirable form of organization?
A. Creation of sole proprietorship is expensive and requires formal documentation.
B. Proprietorship's business activity may be more stable than the proprietor's
willingness to remain actively involved in the business.
C. Proprietor may have to share his/her voice of control and responsibility for the
business' success with the other acting members of the organization.
D. The business is always held liable for 100 percent of the debts.
E. The proprietorship is a victim of double taxation.
Registration by notification:
A. is required by those issuers who do not have a proven record and who are not subject
to the Securities Act of 1933.
B. refers to documents filed with the Securities & Exchange Commission (SEC) by a
privately held company, declaring its intent to offer shares of its stock to the general
public.
C. is required for those issuers of securities who must register with the SEC and the
duplicate documents are filed with the state's administrative agency.
D. refers to the quality certification process in which an independent and accredited
quality auditor conducts an on-site audit of a firm.
E. allows issuers to offer securities for sale automatically after a stated time period
expire unless the administrative agency takes action to prevent the offering.
Strict constructivism is also known as:
A. judicial liberalism.
B. judicial activism.
C. judicial review.
D. judicial abstention.
E. judicial formalism.
There must be some incentive or inducement for a person's promise or it is not binding.
The legal mechanism for evaluating the existence of this incentive is "_____" which
refers to the receipt of a legal benefit or the suffering of a legal detriment.
A. collusion
B. promissory estoppel
C. consideration
D. reversion
E. novation
According to the SEC, a person should be considered to be a temporary insider if that
person conveys nonpublic information that was to have been kept confidential. This
philosophy has become known as the:
A. quasi-insider theory.
B. implied-insider theory.
C. temporary insider theory.
D. misappropriation theory.
E. mosaic theory.
Which of the following is true of OSHA?
A. Employees do not have the right to request an OSHA inspection.
B. Employees making complaints who are subjected to discrimination are prohibited
from filing a complaint with OSHA.
C. There is no private cause of action under OSHA.
D. An employee can sue an employer for damages based on an OSHA violation.
E. Employees making complaints who are subjected to retaliation by their employers
are prohibited from filing a complaint with OSHA.
The ADEA recognizes:
A. only claims based on disparate impact.
B. only claims based on disparate treatment.
C. both disparate impact and disparate treatment claims.
D. rules regarding age but not from a discrimination perspective.
E. only claims based on retaliation.
Which of the following is a permissible eminent domain action under the takings clause
of the Fifth Amendment to the Constitution?
A. A pharmaceutical company takes over a residential neighborhood to expend its
corporate headquarters.
B. A state agency pays a homeowner $200 as compensation for building a highway
through his home.
C. The state's governor forecloses on a farmer's land to build a personal free-range
chicken farm.
D. A private non-profit organization brings a foreclosure action against a decrepit
tenement in order to build a public park.
E. The municipal government pays fair market value for the right to string power lines
across a homeowner's property, then sells the right to the state's only electric company.
Opponents of the Civil Rights Act of 1964, in an attempt to prevent its passing, inserted
a prohibition against _____ discrimination in employment, thinking that such
discrimination was acceptable and that many others agreed with them.
A. age
B. religious
C. sex
D. race
E. ethnic
As the member of an agency, a secretary:
A. signs orders and official correspondence.
B. is the presiding officer at agency meetings.
C. represents the agency in court and often makes the decision to file suit or pursue
other remedies.
D. supervises usual administrative functions such as accounting, budgeting, and
personnel.
E. provide for interaction between regulators and those being regulated.
A partnership:
A. cannot operate in more than one state without obtaining a license to do so.
B. is generally subject to more regulation and governmental supervision than a
corporation.
C. provides general partners with unlimited liability.
D. involves significant formation costs.
E. allows unlimited number of people to become partners.
