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The party who files a civil action is called the _____.
A. defendant
B. appellee
C. plaintiff
D. appellant
E. respondent
Once the court's decision is final, the decision is conclusive as to all issues between the
parties. This is called _____.
A. voir dire.
B. chancery.
C. execution.
D. res judicata.
E. nolo contendere.
_____ is a form of expression that criticizes by poking fun at something through
exaggeration.
A. Parody
B. Fair use
C. Copyright
D. Misrepresentation
E. Infringement
Which of the following holds true for the Fair Labor Standards Act?
A. It forbids discharge for exercising rights guaranteed by minimum-wage and overtime
provisions.
B. It prohibits discharge of employees due to garnishment of wages for any one
indebtedness.
C. It forbids discharge of employees for service on federal grand or petit juries.
D. It prohibits discharge to prevent employees from getting vested pension rights.
E. It forbids age-based discharge of employees over age 40.
_____ percent of the world's population uses more than half of its polluting energy.
A. Ten
B. Fifteen
C. Twenty
D. Twenty-five
E. Thirty-five
Which of the following is a bailment for the sole benefit of the bailee?
A. Borrowing a pencil
B. Renting a car
C. Babysitting for free
D. Finding lost or misplaced property
E. Using a car without permission
The common law of _____ is established when the use of one's land unreasonably
interferes with the use or enjoyment of another's land.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
One party offers to buy the other's goods but only if the second party buys other goods
from the first party. This is known as a(n):
A. franchise contract.
B. exclusive dealing contract.
C. reciprocal dealing contract.
D. tying contract.
E. requirements contract.
If a bank assumes ownership of a piece of contaminated land:
A. the previous owner will be solely responsible for the cleanup.
B. the bank can re-sell the property without any liability for cleanup.
C. the bank becomes a responsible party.
D. the bank cannot sell the land due to its contaminated status.
E. and then sells it, the future owner will be solely responsible for the cleanup.
Red Head, Inc., is a local beauty salon with three employees. Faye is black, Aimee is
Jewish, and Sarah weighs 300 pounds. Statistics show that blacks have a higher rate of
sickle cell anemia; Jews have a higher rate of Tay-Sachs Disease, and severely obese
people have a higher rate of diabetes than the general population. Based on statistics
provided by certified reputable sources regarding the likelihood of contracting the
above diseases, the manager/owner of Red Head has set up a health plan in which
Aimee pays a higher premium than Faye, with Sarah paying the highest premium.
Which of the following is true?
A. This arrangement violates COBRA.
B. This arrangement violates HIPAA.
C. This arrangement violates ERISA.
D. Since the data used by the employer is from a certified reputable source, there is no
violation of law because the insurance premium reflects the true risk.
E. This arrangement violates ADEA.
Which of the following most accurately describes dirt in your neighbor's wheelbarrow?
A. The dirt in the wheelbarrow is an intangible good.
B. The dirt in the wheelbarrow is a fixture.
C. The dirt in the wheelbarrow is personal property.
D. The dirt in the wheelbarrow is real property.
E. The dirt in the wheelbarrow is considered abandoned.
_____ is an important element of many criminal laws.
A. Intent
B. Information
C. Indictment
D. Disregard
E. Presumption
The primary purpose of the Toxic Substances Control Act is to:
A. force an early evaluation of suspect chemicals before they become economically
important.
B. slow down the introduction of new chemicals to encourage the use of already
established chemicals.
C. prevent the shipment of unsafe chemicals to foreign countries.
D. create an organic environment for agriculture.
E. identify water bodies for the safe disposal of toxic materials.
_____ law courts do not make law nor do their judges think themselves obligated to
follow prior judicial decisions, called precedents.
A. Common
B. Religious
C. Civil
D. Hybrid
E. Constitutional
Which of the following is true in case an employee carries a respondeat superior
insurance?
A. The employer can sue the employee for reimbursements.
B. The employee will be held liable for the employer's torts, while working with the
employer.
C. The insurer who has paid the respondeat superior claim will sue the employee who
caused the claim.
D. The employee is entitled to receive respondeat superior claims from the employer.
E. An employer will be held liable for an employee's tortious acts whether or not they
are in the scope of employment.
Under the _____ concept, the pollution of the plant complex as a whole is the focus of
regulation.
A. volume source
B. area source
C. line source
D. point source
E. bubble
Which of the following is a reason a firm may enter a licensing agreement?
A. Licensing allow firms to enter a foreign market without direct foreign investments.
B. A firm enters a licensing agreement to expand once it has substantial capital.
C. Licensing is the next step a firm must take, after it has established sufficient research
and development.
D. Licensing is a technique that firms use when applying management skills and
marketing strategies.
E. Licensing agreement is a risk free method to expand in foreign markets.
Which of the following is true about quasi-strict scrutiny tests?
A. Cases that fall under the minimum rationality approach use quasi-strict scrutiny
tests.
B. If a classification has a reasonable basis and not wholly arbitrary one, these tests are
used.
C. They are used for cases involving fundamental rights.
D. Cases that fall between the minimum rationality and strict scrutiny approaches use
them.
E. If a classification is perfectly suspect, quasi-strict scrutiny tests are used.
An exclusively state area of government regulation:
A. concerns those internal matters where uniformity on a nationwide basis is essential.
B. permits state regulation is permitted if the Congress has expressly regulated the area.
C. includes situations in which the federal regulation of a subject matter is not
comprehensive enough to preempt the field.
D. includes intrastate activities that do not have a substantial effect on interstate
commerce.
E. concerns those subjects over which the federal government has preempted the field.
Which law forbids owners from monopolizing classes of resources and sets rules for
how businesses can compete to acquire ownership in new resources?
A. Regulatory
B. Tort
C. Antitrust
D. Antidiscrimination
E. Contract
Federal law and business leaders alike favor _____ as a means of governing private
business ethics.
A. creating uniform statutes of business ethics
B. self-regulation by companies
C. giving the federal government exclusive jurisdiction regarding ethics and ethics
violation enforcement
D. establishment of federal regulators in all private companies to establish and enforce
ethical standards
E. case-by-case determinations of what constitutes a breach of business ethics
In contracts that are not between merchants selling goods, a promise to keep an offer
open for a certain time period must be supported by the offeree's consideration. Such an
agreement to not revoke an offer is called a(n) _____.
A. firm offer
B. option
C. promissory estoppel
D. novation
E. assignment
To prevent problems that may arise when a partner dies or withdraws from a
partnership, the articles of partnership should include a(n):
A. buy and sell agreement.
B. escrow instruction.
C. dissolution contract.
D. purchase contract.
E. interest agreement.
In most criminal cases, an arrest can be made only based on probable cause and
requires the officer to read out the Miranda rights to the criminal suspect before the
arrest is made. This is an example of:
A. tort law.
B. procedural law.
C. rule of law.
D. substantive law.
E. sociological jurisprudence.
For the NLRB to conduct a union election, it must receive:
A. a request from 10% of eligible employees.
B. a petition from management.
C. a request from other chapters of the specific union.
D. a petition signed by at least 30% of employees.
E. a directive from the Department of Labor.
The courts enforce the concept of _____ to remedy situations of unjust enrichment.
A. quasi-contracts
B. implied-in-law
C. divisible contracts
D. bilateral contracts
E. unilateral contracts
When a losing party in an arbitration proceeding makes allegations of bias against an
arbitrator, the allegations:
A. automatically nullify the panel's opinion.
B. normally do not impact the results of arbitration.
C. result in a judge overturning the opinion.
D. normally remove that arbitrator's opinion from the results of the arbitration.
E. set off a new round of litigation.
_____ occurs when a trial judge requires the disputing parties to submit to the
mediation process before a complaint can be litigated formally.
A. Restorative justice
B. Party-directed mediation
C. Precursor mediation
D. A caucus
E. Court-annexed mediation
The _____ grants jurisdiction to U.S. federal district courts over "any civil action by an
alien for a tort only, committed in violation of the law of nations or a treaty of the
United States."
A. Federal Torts Act
B. Alien Tort Claims Act
C. Foreign Tort Claims Act
D. International Tort Act
E. Tort Claims in International Trade Act
When selecting a form of business venture, considering potential conflicts and
mechanisms to resolve disputes refers to which of the following factors?
A. Creation
B. Continuity
C. Liability
D. Managerial control
E. Taxation
The legal foundation for federal taxation is found in _____.
A. yearly power grants from each of the individual states.
B. the Declaration of Independence.
C. Article 1, Section 8 of the United States Constitution.
D. the Congressional Budget and Impoundment Control Act which created the
Congressional Budget Office.
E. the Transportation Equity Act.
Which of the following distinguishes mandatory arbitration from voluntary arbitration?
A. The right of the dissatisfied party to reject the award
B. The dollar amount involved
C. Whether or not an attorney is required
D. The quality of the arbitrators
E. Whether there will be one or three arbitrators
Mack does not get a job that he is highly qualified for because the company has to
appoint an individual from a minority group as part of the federal policy. The person
being appointed is less qualified than Mack. This is an example of:
A. disparate treatment.
B. affirmative action.
C. reverse discrimination.
D. retaliation.
E. business necessity defense.
Which of the following statements is true concerning a criminal matter:
A. jurisdiction is obtained by affidavit submitted by the police.
B. it does not matter in which state the crime was committed, only that it is severe.
C. a defendant may waive jurisdiction.
D. long-arm statutes only apply for crimes involving violence.
E. courts may bundle several alleged criminals into a class-action prosecution.
Under the FCRA, an injured consumer may only recover:
A. actual damages, attorney's fees, and in some instances speculative damages.
B. actual damages.
C. punitive damages and the attorney's fees but no actual damages.
D. actual damages, attorney's fees, and in some instances punitive damages.
E. actual damages and the attorney's fees but no punitive damages.
