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When a patent expires, the invention is said to be in the ________, and others may use
it without limitation.
A. business environment
B. communal realm
C. collective sphere
D. public domain
E. legal open space
The right of an individual to take another person's resources (especially money) because
that person has failed to meet the requirements of the law (e.g., the breach of a contract)
is known as a(n) _____.
A. sanction
B. amendment
C. remedy
D. dicta
E. holding
Mega-mart suspects Roberta of shoplifting, solely because she is dressed differently
than their typical customer, so store officials detain her. They find nothing improper in
Roberta's belongings. Roberta most likely will file a ________ lawsuit against
Mega-store.
A. malicious prosecution
B. battery
C. false imprisonment
D. trespass
E. invasion of privacy
Since the passage of the Pregnancy Discrimination Act, employers with health or
disability plans must:
A. cover all abortions.
B. allow a stated mandatory leave of absence following birth.
C. cover the wives of male employees as it does female employees.
D. ensure a pay cut for employees availing pregnancy leave.
E. cover only voluntary abortions.
The WARN notice is required of employers with:
A. 50 employees working within a 75-mile radius.
B. 100 or more full-time employees.
C. 100 employees, whether full- or part-time.
D. less than half-time employees.
E. more than 100 part-time employees.
Employee agreements not to join unions as a condition of employment were known as
_____ contracts.
A. anti-fraternization
B. yellow-dog
C. anti-socialization
D. featherbedding
E. free rider
Which of the following is not a typical area of concern in property law?
A. Promises to exchange resources in the future
B. Rules regarding patent, copyright, trademark, and trade secret
C. Rules for compensation when an owner's legal boundaries are wrongfully crossed
D. Rules regarding injury to an owner's resources
E. Legal principles that apply to government agencies, bureaus, boards, or commissions
An agreement between an employer and a union in which the employer agrees not to
force employees to handle goods or materials going to or from a second employer
deemed by the union to be unfair is called a/an:
A. free rider contract.
B. redundant cargo contract.
C. secondary cargo contract.
D. hot cargo contract.
E. yellow-dog contract
A ________ refers to a public meaning that is different from its meaning as a person's
name or as a distinctive term, a public meaning that makes the name or term distinctive.
A. primary meaning
B. secondary meaning
C. trade meaning
D. principal meaning
E. supplemental meaning
Business often fails to regulate itself, and the lack of self-regulation is contrary to the
public interest. To counterbalance, administrative agencies exist to:
A. refer the problem or area to experts for solution and management.
B. protect the public, especially from the business community.
C. replace competition with regulation.
D. develop detailed rules and regulations to carry out the legislative policy.
E. provide services, having been arisen out of necessity.
Which of the following has a perpetual existence so long as the number of shareholders
is limited?
A. Limited partnership
B. Partnership
C. Limited liability company
D. Sole proprietorship
E. S corporation
Which of the following is not a possible plea for a defendant in a criminal case?
A. Guilty
B. Entrapment
C. Not guilty
D. Nolo contendere
E. No contest
The owners of LLCs are called:
A. shareholders.
B. partners.
C. proprietors.
D. members.
E. directors.
Stephanie has written a book, "Mirari" and was talking to some interested parties from
Hollywood about making a movie based on it. However, she turned down the offer due
to differences of opinion. A year later, Mirari was made into a movie but it did not
acknowledge the author. Such situations come under _____ law.
A. property
B. administrative
C. constitutional
D. criminal
E. tort
When the Bureau of Consumer Protection prosecutes a violator for violation of the
FTC, the violator is called a(n):
A. respondent.
B. claimant.
C. appellant.
D. plaintiff.
E. pursuer.
Which of the following provides for private pension plans?
A. The Fair Labor Standards Act
B. The Social Security Act
C. The Worker Adjustment and Retraining Notification Act
D. The Civil Rights Act of 1964
E. The Employment Retirement Income Security Act
Which of the following holds true for the IRS Whistleblowers Rewards Program?
A. To be eligible to recover compensation from the IRS, a person must bring
information to the Department of Justice.
B. The whistleblower may receive compensation only from monies actually collected
based on the information provided.
C. The total collected proceeds based on which the reward is calculated exclude
penalties, interest, additions to tax, and additional amounts.
D. The reward to the whistleblower is independent of his contribution to the prosecution
of the action.
E. Under no circumstances does the IRS have the right to lower the amount of the
reward given to the whistleblower.
To sue a foreign firm in the United States, the plaintiff must:
A. establish maximum contacts between the foreign defendant and the forum court.
B. demonstrate that exercise of personal jurisdiction over the defendant will be
ineffective.
C. comply with the terms of the Hague Service Convention when serving notice of the
lawsuit.
D. comply with the terms of the Convention of International Sale of Goods when filing
a lawsuit.
E. establish legal representation in the area of personal jurisdiction.
Which of the following is true of arbitration?
A. Arbitration is more expensive and time-consuming than litigation.
B. Arbitrators' decisions are rarely binding on the parties.
C. Arbitrators must be licensed pursuant to the American Arbitration Association.
D. An arbitrator is always a neutral third party.
E. Arbitrators must be licensed and trained to assume the role.
Civil enforcement powers regarding federal antitrust matters belong to:
A. the FTC and the Department of Justice.
B. the Treasury Department.
C. the Department of Revenue and Taxation.
D. the courts.
E. Department of Labor
The provisions included in the Family and Medical Leave Act:
A. apply only to female employees.
B. apply only to the employee's children who are over 18 years old.
C. do not apply to same-sex couples.
D. relating to birth, adoption, and foster care apply to both female and male employees.
E. apply only to the employee's parents and parents in law.
If arbitration is conducted pursuant to state statute:
A. the statute determines what grounds may be used to challenge an award in court.
B. if a dispute arises involving interstate commerce, the statute of the state where the
dispute is first submitted prevails.
C. a disputing party may choose to have Federal Arbitration Act provisions govern any
resolution of the dispute if the state statute appears unfavorable to his or her position.
D. only Congress can overturn it.
E. only the U.S. Supreme Court can overturn it.
Teresa, the manager at Victor Co., warned Gray, who has performed poorly throughout
the year that he would lose his job if he did not perform well. Later that evening, Gray
is angry with Teresa and sends her an e-mail from an anonymous address, threatening to
harm her when she is on her way home tomorrow. The next day, Gray realizes his
mistake, and attempts to apologize to Teresa, who was petrified after reading the mail
and spent the entire night in office. Teresa can sue Gray for:
A. assault.
B. battery.
C. conversion.
D. false arrest.
E. fraud.
Which of the following specifically prohibit the practice of race norming of
employment tests?
A. The Civil Rights Act of 1924
B. The Civil Rights Act of 1964
C. The Civil Rights Act amendments of 1991
D. The EEOC through an administrative regulation
E. The Civil Rights Act of 1957
_____ is defined as the supreme, absolute, and uncontrollable power by which any state
is governed.
A. Sovereignty
B. Government
C. Integrity
D. Fraternity
E. Federation
Private remedies for violation of the Equal Credit Opportunity Act include:
A. actual and punitive damages up to $10,000.
B. actual and punitive damages up to $10,000 and attorney's fees.
C. actual damages, punitive damages up to $10,000, and attorney's fees and legal costs.
D. attorney's fees and legal costs.
E. actual damages up to $10,000.
Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is
to:
A. provide strict guidelines to landfill composition.
B. promote research and provide technical and financial assistance to the states.
C. waive standards regarding other pollution that arises as a result of solid waste
management.
D. grant tax breaks for industries using recycled materials.
E. provide for the storage, transfer, and the disposal of non-toxic waste material.
Making offensive remarks about looks, telling lewd jokes, or engaging in suggestive
touching are all examples of:
A. quid pro quo.
B. hostile work environment.
C. felony.
D. prejudice.
E. defamation.
Friedrich Savigny, a prominent German legal philosopher, helped develop _____
jurisprudence, which emphasizes that contemporary law should focus on legal
principles that have withstood the test of time in a nation.
A. sociological
B. tort
C. positive
D. historical
E. natural
Once a judge has determined that the plaintiff is to be awarded a certain sum of money,
the plaintiff may begin the process to obtain the money from the defendant by having
the sheriff or other court official seize the defendant's property and sell it. This is called:
A. execution.
B. summary judgment.
C. deposition.
D. summons.
E. extradition.
Which of the following is most likely to occur when the proposition of contributory
negligence is applied?
A. A plaintiff can recover both punitive and actual damages.
B. Damages are awarded in proportion to the plaintiff's and the defendant's fault.
C. The plaintiff does not recover any damages due to his/her fault that caused the injury.
D. Damages are awarded to a plaintiff only if the plaintiff can prove that he or she used
proper care for his or her own safety.
E. A plaintiff is awarded only punitive damages in case contributory negligence is
established.
