The U.S. Food Safety and Inspection Service conducts searches of certain businesses.
This agency and other administrative agencies can conduct warrantless searches in
a. all industries.
b. highly regulated industries.
c. no industries.
d. newly regulated industries only.
Answer:
Milo publishes a book titled No Equals, which includes a chapter from Paige’s
copyrighted book Olympic Champions. Milo’s use of the chapter is actionable provided
that
a. consumers are confused.
b. Milo’s use is intentional.
c. Milo’s use reproduces Paige’s chapter exactly.
d. Milo does not have Paige’s permission.
Answer:
Fresh Meds, Inc., a U.S. firm, contracts with Gong, Ltd., a Hong Kong firm, alÂlowing
Gong to use and profit from Fresh Meds’ patented products. This is
a. a distribution agreement.
b. a joint venture.
c. direct exporting.
d. licensing.
Answer:
Big Deal! Marketing Company, a U.S. firm, signs a contract with Comercio Exterior,
Ltd., a Chilean firm, to give Comercio the right to use Big Deal!’s animation techniques
and characters in product promotions. This is
a. a distribution agreement.
b. a joint venture.
c. direct exporting.
d. licensing.
Answer:
Fleet Feet, an online travel company, buys blocks of rooms from Grande Hotel, a hotel
in Harbor City, at a wholesale rate. Fleet Feet resells the rooms to consumers at a retail
rate. One recent effort by cities to collect taxes from e-commerce has focused on
a. hotels that sell blocks of rooms at wholesale rates.
b. non-resident consumers who reserve rooms in in-state hotels.
c. online travel companies.
d. the dire financial straits of the cities during the latest recession.
Answer:
Ryland, an officer for Sports Park, Inc., attempts to apply a duty-based approach to
ethical reasoning in conflicts that occur on the job. This approach is based on the idea
that a person must
a. achieve the greatest good for the most people.
b. avoid unethical behavior regardless of the consequences.
c. conform to society’s ethical standards.
d. place his or her employer’s interest first.
Answer:
Gena borrows $350,000 from Fish Island Bank to buy a home, which secures the
mortgage. In the seventh year of the loan, Gena stops making payments. After the bank
repossesses the property but before it is sold, Gena may buy it by paying
a. an amount that equals the potential proceeds from the property’s sale.
b an amount that exceeds the potential proceeds from the property’s sale.
c. the amount of the missed payments, but not more.
d. the full amount of the debt, plus any interest and costs.
Answer:
The U.S. Bankruptcy Court for the District of Arizona uses online live chatting as part
of a strategic initiative to educate the public about bankruptcy. Those who have used the
live chat services include
a. individuals interested in filing for bankruptcy without an attorney.
b. paralegals.
c. real estate lawyers who have expanded into bankruptcy law.
d. all of the choices.
Answer:
Home Enterprises employs Itzak to buy property for a possible residential development.
Itzak secretly buys some of the property and sells it to Home Enterprises at a profit.
Itzak has breached
a. no duty.
b. the duty of accounting.
c. the duty of loyalty.
d. the duty of notification.
Answer:
UniVision Corporation, a U.S. company, sets up a firm in Vietnam. UniVision remains
in the United States and retains ownership of the Vietnamese branch, as well as
authority and control over all phases of the operation. This is
a. a franchise.
b. a wholly owned subsidiary.
c. a joint venture.
d. direct exporting.
Answer:
Big Beef, Inc. raises calves to sell. Big Beef breeds its cows in April, and the cows
calve in February of the following year. In January Andrea contracts with Big Beef to
buy fifty calves. Identification takes place in
a. January, when the contract is signed.
b. April, when the calves are conceived.
c. February, when the calves are born.
d. a reasonable period of time.
Answer:
Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis
of the tort of battery, Nasir can sue
a. Ladd.
b. Minh.
c. the rightful owner of the rock.
d. no one.
Answer:
Ripe Orchards, Inc., employs hundreds of seasonal and permanent workers, both skilled
and unskilled, in three states. Under federal immigration law, Ripe Orchards can hire
illegal immigrants
a. if either the employer or the immigrants file special forms.
b. only if the employer files a special form.
c. only if the immigrants file special forms.
d. under no circumstances.
Answer:
Operational Processes, Inc., appeals a decision against it, in favor of Precision
Manufacturing Corporation, from a lower court to a higher court. Operational Processes
is
a. the appellant.
b. the appellee.
c. the defendant.
d. the respondent.
Answer:
Gerald files a petition in bankruptcy. An automatic stay will apply to actions by
creditors seeking to collect Gerald’s debts comprised of
a. alimony.
b. child-support.
c. none of the choices.
d. car payments.
Answer:
Jim is shorter than Kevin, and Lonna is less attractive than Merilyn. Research shows
that compared with taller men and more attractive individuals, Jim will likely make less
income and Lonna will receive poorer performance reviews and a lower salary.
Appearance-based discrimination has been barred by
a. Michigan and at least six cities.
b. none of the choices.
c. all of the states.
d. the federal government.
Answer:
Buck owns five acres of land in California. On the land Buck has a house and a
toolshed. There are ten large maple trees around the house. The real property includes
a. the land only.
b. the land and the house only.
c. the land, the house, and the toolshed, but not the trees.
d. the land, the house, the toolshed, and the trees.
Answer:
Hauser takes temporary family leave from his job at Gelato Confectionary Corporation
to care for a new baby. On Hauser’s return from the leave, Gelato must
a. restore Hauser to his original position.
b. reimburse Hauser for his expenses while on leave.
c. promote Hauser to the status of a key employee.
d. do nothing.
Answer:
Beatrix defaults on a debt to Credit Loan Corporation (CLC). As a creditor, CLC can
place liens on all of Beatrix’s property except
a. motor vehicles used to commute to work.
b. stock in various corporations.
c. items that the debtor selects.
d. vacant commercial property.
Answer:
Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The
document that informs Concessions & Tailgate that it must file an answer within a
specified time period is
a. the answer.
b. the complaint.
c. the writ of certiorari.
d. the summons.
Answer:
Illya owes Jenny $1,000. In a separate deal, Kasey owes Illya $1,000. Illya
unconditionally assigns his rights in the deal with Kasey to Jenny. Illya’s right to the
$1,000 is then
a. unchanged.
b. extinguished.
c. incidental.
d. assigned to a court.
Answer:
Bayside Marina Company and Canoes & Kayaks Inc., share officers, directors,
employees, property, and equipment. In reliance on Bayside Marina’s reputation,
Delivery Transport Inc. contracts to perform services for Canoes & Kayaks, but the firm
does not pay. In terms of liability to Delivery Transport, a court is most likely to treat
Bayside Marina and Canoes & Kayaks as
a. a pass-through entity.
b. a natural person.
c. a tax-paying entity.
d. a partnership by estoppel.
Answer:
Jasmine receives an unsolicited credit card in the mail and tosses it on her desk.
Without Jasmine’s permission, her roommate Ilene uses the card to buy a new tablet for
$500. Jasmine is
a. liable for $500.
b. liable for $250.
c. liable for $50.
d. not liable for any amount.
Answer:
Substantive due process limits what the government can do in its legislative and
executive capacities.
Answer:
Foreign citizens can bring civil suits in U.S. courts for injuries caused by violations of
the law of nations or a treaty of the United States.
Answer:
Motor Vehicle Body Shops contracts to buy from Paint Supply & Equipment HQ, Inc.,
twenty-four spray paint guns at $30 each to be delivered by October 1. Paint Supply
knows that Motor Vehicle Body Shops will use the guns to complete a special job by
October 31 for a certain auto dealer. Motor Vehicle Body Shops expects to make
$17,000 profit from the job. Paint Supply fails to deliver on October 1. Motor Vehicle
Body Shops attempts to buy substitute spray guns, but must pay $40 for each and take
delivery on October 15, cutting Motor Vehicle Body Shops’ profits when the dealer
arranges for some of the job to be done elsewhere. Motor Vehicle Body Shops sues
Paint Supply. What is the measure of recovery?
Answer:
Because corporations are not considered legal persons, courts use different principles to
determine whether it is fair to exercise jurisdiction over a corporation.
Answer:
Manufacturers must use due care in inspecting and testing any purchased components
used in a product.
Answer:
Generally, a seller must warn those who purchase its product of the harm that can result
from the foreseeable misuse of the product.
Answer:
A jury’s good sense and careful consideration of consequences is known as
jurisprudence.
Answer:
For twenty years, Maynard works for Natural Gas Wells, Inc., which employs more
than five hundred persons in two states. Natural Gas Wells drills for and mines natural
gas to sell and transport to refineries, which in turn pipes liquefied gas to other states.
Maynard starts as an unskilled worker in the drilling fields. After a career of positive
job evaluations and pay raises, Maynard is ultimately promoted to the position of chief
of maintenance for a dozen wellheads. Five years later, a new employee, Oberto, is
hired to oversee operations at all of the wellheads. Oberto demotes Maynard, who is
now over the age of forty, and freezes his salary. Oberto demotes five other employees
over the age of forty and places Maynard under the supervision of Pitt, who is
twenty-three. Maynard overhears Pitt say, ‘We’re going to have to do away with these
old men.’ Maynard quits and files a suit against Natural Gas Wells for employment
discrimination. Should he prevail? Explain.
Answer:
Tort law provides remedies for acts that cause personal injury but not for acts that
interfere with physical security.
Answer:
It is a violation of federal law to sell a pesticide or herbicide that has a chemical
strength different from the concentration declared on the label.
Answer: