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While selecting a name for the partnership, if the name is other than that of the partners,
the partners must give notice as to their actually identity under the state's:
A. fictitious-name certification law.
B. annexed-name statute.
C. suppositious-name law.
D. fictive-name rule.
E. assumed-name statute.
Which of the following is true about imposition of undue burden?
A. The commerce clause validates state laws involving undue burden on interstate
commerce.
B. The commerce clause does not prohibit the imposing of burdens on interstate
commerce.
C. The states have no authority to regulate mattes of legitimate local concern.
D. Even if the states regulate matters of legitimate local concern, the interstate
commerce will never be affected.
E. The commerce clause, however, invalidates federal laws imposing an undue burden
on interstate commerce.
The _____ rule states that an employee's sole remedy against an employer for
workplace injury or illness shall be workers' compensation.
A. assumption of the risk
B. exclusive remedy
C. fellow-servant
D. contributory negligence
E. shelter
A _____ patent applies to useful, functional inventions.
A. design
B. style
C. plant
D. inventive
E. utility
If the employer already provides compensated breaks, an employee who uses that break
time to express milk:
A. is legally entitled to be compensated but at a rate lower than the other employees.
B. need not be compensated by the employer.
C. is legally entitled to stretch the duration of the break time.
D. is legally required to take a pay cut.
E. is legally entitled to be compensated in the same way as other employees.
At the state level, the hierarchy of law sources begins with the state _____.
A. act
B. statute
C. constitution
D. citation
E. commercial code
Regarding price fixing, which of the following is a correct statement?
A. Ethical standards may be used to fix prices, in which case, the price fixing is not
subject to the Sherman Act.
B. It is legal for competitors to fix a low price if the consumer ultimately benefits.
C. Attempts by manufacturers to control the ultimate sale of their product are analyzed
under the per se illegality.
D. The exchange of price information among creditors is a violation of the Sherman
Act.
E. Cooperation and cosy relationships between competitors cannot be termed illegal.
Which of the following acts protect a "famous" trademark, even if the owner is unable
to prove that the public is confused by another's use of a similar mark, and provides the
owner with the infringer's profits, and actual damages?
A. Lanham Act
B. Consumer Protection Act
C. Patent Act
D. Intellectual Property Act
E. Trademark Dilution Act
The Consumer Financial Protection Bureau applies to:
A. businesses regulated by the Securities and Exchange Commission.
B. Internet service providers.
C. real estate agents and brokers.
D. insurance companies.
E. banks.
Generally, international law is classified as:
A. public international law.
B. criminal international law.
C. common international law.
D. civil international law.
E. business international law.
Which of the following is required in order to file a Chapter 13 bankruptcy?
A. Unsecured debts under $360,475 and/or secured debts under $1,081,400.
B. Unsecured debts over $450,000 and/or secured debts over $2,050,000.
C. Debts must simply be in excess of the debtor's assets, regardless of the amount.
D. Assets must simply be in excess of the debtor's debts, regardless of the amount.
E. More than 10 years must have lapsed after the date fixed for the repayment of the
debts.
Total solid wastes produced yearly in the U.S. equals almost _____ tons for every
individual.
A. 5
B. 15
C. 25
D. 50
E. 80
Which of the following is true about the strict scrutiny approach?
A. Under this approach, a classification will be an acceptance of equal protection.
B. Under this approach, a law creating different classifications will survive an equal
protection challenge.
C. Classifications that are subject to this approach are presumed to be unconstitutional.
D. This approach is used when classifications are partially suspect or the rights involved
are not fundamental.
E. This approach is used when classifications are rationally connected to a permissible
government objective.
A _____ exists when a party announces that the other party does not have to perform as
promised.
A. release
B. waiver
C. surrender
D. breach
E. condition
The meeting between a mediator and one disputant outside the presence of the other
disputant is called a _____.
A. calumny.
B. consensus.
C. convention.
D. convocation.
E. caucus.
A supervisor has 10 employees (five men and five women) who have the same job titles
and same work responsibilities. He refuses to let the female employees bid on overtime
assignments because he thinks they should be home at 5 p.m. to get dinner ready. This
is an example of:
A. reverse discrimination.
B. business necessity defense.
C. retaliation.
D. disparate impact.
E. disparate treatment.
The _____, effective November 2009, prohibits covered employers from firing,
refusing to hire, or otherwise discriminating against individuals on the basis of their
genetic information.
A. Genetic Privacy and Nondiscrimination Act
B. Genetic Fairness Act
C. Genetic Information Nondiscrimination in Health Insurance Act
D. Genetic Confidentiality and Nondiscrimination Act
E. Genetic Information Nondiscrimination Act
A(n) _____ is a decision that arises when parties already in dispute decide that
arbitration is better than litigation.
A. submission
B. motion to compel arbitration
C. injunction
D. arbitrability award
E. postdispute arbitration agreement
_____ believe that judicial review should be utilized when the needs of society justify
its use.
A. Strict constructionists
B. Judicial activists
C. Judicial realists
D. Judicial conservatives
E. Judicial abstentionists
A valuable object given by a debtor to a creditor to secure a loan is referred to as the
_____.
A. collateral
B. attachment
C. lien
D. easement
E. reversion
_____ is a complete defense to fraud as it is inconsistent with the defendant's intent to
defraud or wilfulness, essential to the charges.
A. Negligence
B. Good faith
C. Intention
D. Reasonableness
E. Lack of knowledge
The Age Discrimination in Employment Act forbids age-based discharge of employees
over age:
A. 35.
B. 40.
C. 45.
D. 50.
E. 60
Clean air standards designed to protect against air pollution effects such as injury to
property, vegetation, and climate are called:
A. primary air quality standards.
B. secondary air quality standards.
C. principal air quality standards.
D. tertiary air quality standards.
E. premium air quality standards.
Which of the following is true of attorney-client communication?
A. A lawyer may not testify against a client unless called to do so at a trial.
B. Confidential attorney-client communication is privileged.
C. A lawyer is obliged to reveal anything a client tells him that is material to the case.
D. Attorney-client privilege does not extend to anyone other than the lawyer him or
herself.
E. Attorneys are obliged to reveal confessions of a client's guilt in criminal cases.
Section 1981 of the Civil Rights Act of 1866:
A. was repealed by the passing of the Civil Rights Act of 1964.
B. addressed the right to contract by all persons.
C. was the first attempt to launch affirmative action in the U.S.
D. introduced and established the business necessity defense.
E. allowed the recovery of compensatory and punitive damages when employers are
guilty of intentional discrimination.
The Wealth of Nations was written by _____.
A. Adam Smith
B. Karl Marx
C. Emmanuel Kant
D. Euripides
E. Socrates
A partnership must have:
A. one or more people.
B. no personal liability.
C. a nonprofit focus.
D. a common interest in business.
E. a taxability factor built within.
A cleaning company rotates its staff to different floors on a monthly basis. One crew
member has a psychiatric disability. While his mental illness does not affect his ability
to perform the various cleaning functions, it does make it difficult to adjust to
alterations in his daily routine. The employee has had significant XOAXOA adjusting
to the monthly changes in floor assignments. In view of this XOAXOA, the employer
decides to allow him to stay on one floor permanently. This is an example of:
A. disparate treatment.
B. affirmative action.
C. hostile work environment.
D. retaliation.
E. reasonable accommodation.
In the case contributory negligence, the defense of _____ arises from the plaintiff's
knowing and willing undertaking of an activity made dangerous by the negligence of
another.
A. cause in fact
B. statute of repose
C. comparative negligence
D. assumption-of-the-risk
E. contractual obligation
When a buyer receives a receipt from a carrier stating that the goods ordered have been
shipped to the designated place for delivery, the receipt is called _____.
A. an irrevocable letter of credit
B. a bill of exchange
C. a bill of lading
D. an identity note
E. a promissory note
