Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
Which of the following issues of administrative agencies relates to the substantive
outcome of agencies' rule-making and adjudicating authority?
A. It is very difficult to discharge unsatisfactory employees.
B. The reward system usually does not make a significant distinction between excellent,
mediocre, and poor performances.
C. The administrative process is overwhelmed with paperwork and with meetings.
D. Enforcement of some laws varies over time.
E. There is often a lack of enforcement procedures to follow up on actions taken to
ensure compliance.
Under the Wagner Act, any organization of employees must:
A. be completely independent of their employers.
B. be approved by their employer.
C. have an established meeting place at their place of employment.
D. have equal access to company equipment and support staff.
E. be established on the recommendation of the Department of Labor.
The decision by an arbitrator is called a(n):
A. submission.
B. award.
C. verdict.
D. judgment.
E. edict.
Which of the following holds true for the Fair Labor Standards Act (FLSA)?
A. It addresses issues regarding disability benefits.
B. It addresses issues regarding reemployment rights after performing uniformed
service.
C. It addresses issues regarding minimum wage.
D. It addresses issues regarding workplace safety.
E. It addresses issues regarding private pension plans.
Tom has a back injury that has required surgery in the past. He is able to work, but he
requires periodic medical checkups and physical therapy. If he leaves his current job
and moves to another company, he is protected and can receive medical coverage that
includes coverage for his back at the new job due to the provisions of:
A. FMLA.
B. FLSA.
C. OSHA.
D. HIPAA.
E. USERRA.
A school's police/security force requires that all officers be over six feet tall and weigh
over 200 pounds. This requirement creates a:
A. disparate treatment regarding men.
B. disparate impact regarding men.
C. disparate treatment regarding women.
D. disparate impact regarding women.
E. disparate impact regarding minorities.
Which of the following is NOT a security interest in land?
A. A land sales contract
B. A mortgage
C. A deed of trust
D. A negative easement
E. A title
Vertical price fixing is also called:
A. resale price maintenance.
B. predatory maintenance.
C. linear price fixing.
D. express price fixing.
E. gold fixing.
What is a colored design or shape associated with a product or service called?
A. Patent
B. Trade dress
C. Copyright
D. Trademark
E. Product design
Mike has a car accident and Maria saves his life. To show his appreciation, Mike gives
Maria a life estate in one of the homes he owns. Maria lives there for a while and then
accepts a job in another state so she gives the property to her sister Jackie. (This is
permissible to do.) Jackie owns the property until:
A. she dies.
B. Maria dies.
C. Mike dies.
D. both Mike and Maria die.
E. both Maria and Jackie.
Which of the following is a function of Nuclear Regulatory Commission?
A. It protects the public against unreasonable risks of injury associated with consumer
products.
B. It ensures all workers a safe and healthy work environment.
C. It regulates civil aviation to provide safe and efficient use of airspace.
D. It administers all laws relating to the environment.
E. It promotes dependable, affordable energy through sustained competitive markets.
Which of these can only be a state court?
A. District court
B. Small claims court
C. Court of Appeals
D. Supreme Court
E. Bankruptcy court
With respect to the sale of goods, which of the following is true as per the CISG?
A. All contracts for the sale of goods must be written.
B. All contracts for the sale of goods must be in the oral form.
C. Contracts for the sale of goods need not be in writing.
D. The parties should sign the contract in the presence of attorneys.
E. Contracts concerning sale of goods above $500 must be in writing.
A(n) _____ gift is made through a will. The rules of such a gift pass ownership not by
delivery but upon the death of the donor and the proving of a valid will that specifies
the gift.
A. fee simple.
B. life estate.
C. fungible.
D. testamentary.
E. accession.
Which of the following is true of copyright?
A. It deals with invention that is original, nonobvious and a novelty.
B. It protects ideas and facts.
C. It protects the design, color, or shape that is associated with a particular product from
being copied.
D. It protects original, creative expression.
E. It protects only companies which can be considered authors.
Which of the following is true under the minimum rationality approach?
A. A permissible state end is one which is prohibited by at least one provision of the
Constitution.
B. A permissible state end is one which is not prohibited by another provision of the
Constitution.
C. A permissible state end does not qualify as a legitimate goal of government.
D. A law creating different classifications will survive if it has an irrational connection
to a permissible state end.
E. A law creating different classifications will survive if it has a rational connection to a
prohibited state end.
Judicial decisions, called _____ laws, apply to a legal problem and interpret the relevant
constitutional, legislative, and regulatory laws.
A. case
B. procedural
C. ordinance
D. commercial
E. code
Which of the following is true about administrative agencies?
A. The actual regulatory activity is performed by administrative agencies.
B. An agency that issues rules having impact of laws is called quasi-judicial.
C. State and local governments do not have agencies.
D. A quasi-legislative makes decisions like a court.
E. Federal government agencies license and regulate intrastate transportation.
Which of the following defenses can an alleged infringer use to prove that the patent is
invalid?
A. The invention is nonobvious.
B. The invention has utility.
C. The invention was previously unknown.
D. The invention is obvious.
E. The invention is not patented.
_____ law covers the legal principles that apply to government agencies, bureaus,
boards, or commissions.
A. Administrative
B. Constitutional
C. Tort
D. Criminal
E. Contract
If a minor fails to disaffirm a contract within a reasonable time after reaching majority,
the minor is said to _____ the contract.
A. transcend
B. confirm
C. void
D. ratify
E. breach
The _____ provides for a dispute settlement mechanism that makes it easier to resolve
trade disputes between the United States, Mexico, and Canada.
A. Convention on the International Sale of Goods
B. North American Free Trade Agreement
C. Central America-Dominican Republic Free Trade Agreement
D. Foreign Corrupt Practices Act
E. General Agreement on Tariffs and Trade
In state juvenile proceedings, juveniles do not have the right to:
A. counsel.
B. a jury trial.
C. confront witnesses.
D. cross-examine witnesses.
E. trials.
The Health Insurance Portability and Accountability Act:
A. provides that employees can continue to purchase health insurance even after their
employment is terminated.
B. exempts health insurance companies from the federal anti-trust legislation that
applies to most businesses.
C. protects employees who have preexisting health conditions when they change jobs.
D. calls for the creation of a universal single-payer health care system in the United
States.
E. ensures that elderly and needy individuals receive proper medical care.
The dormant commerce clause concept:
A. is the term used to refer to the police powers being limitless.
B. does not allow the state regulation to violate commerce clause.
C. refers to the exclusive Congressional authorization on a matter of trade.
D. comes into focus when the state is acting in the business.
E. permits the state regulation to be arbitrary.
Sarbanes-Oxley provides that whenever there is a restatement of the company's
financial condition, then the executives:
A. would be morally rather than legally culpable for the bonuses paid as a result of the
incorrect financial statements.
B. have to forfeit their salaries to cover for the amount of the bonuses paid to them on
the basis of incorrect financial statements.
C. would not be legally bound to return any bonuses paid as a result of the incorrect
financial statements.
D. must return any bonuses paid as a result of the incorrect financial statements along
with the interest.
E. must return any bonuses paid as a result of the incorrect financial statements.
The director of Homeland Security has exercised authority to create an exception to
NEPA requirements to allow the:
A. use of nuclear powered satellites with radiation-leaking radar for observation and
surveillance purposes because such radar is significantly more sensitive than
radiation-free radar.
B. suspension of Clean Air Act and Clean Water Act restrictions in and around domestic
military bases.
C. suspension of Endangered Species Act restrictions when animal and plant life is
affected during necessary military training maneuvers.
D. building of a fence between the United States and Mexico.
E. building of nuclear power plants around protected areas of the United States.
According to sociologist Robert Jackall's view of the modern bureaucratic managerial
system, how has the Protestant ethic changed over time?
A. The Protestant ethic has become the only viable ethical system for American
corporations.
B. The profiteering of the Protestant ethic became a justification for economic excess.
C. The religious consequentialism of the Protestant ethic became the dominant system
of formalistic morality.
D. The Protestant ethic collapsed as a viable ethical system.
E. The religious formalism of the Protestant ethic has become a type of utilitarian
consequentialism.
The Second Amendment consists of the:
A. right to free speech.
B. right to respect any establishment of religion.
C. right to possess guns.
D. right to freely exercise any religious practice.
E. right to free commercial speech.
The process of requesting and transporting the prisoner from one state to another is
called _____.
A. res judicata
B. garnishment
C. execution
D. personal jurisdiction
E. extradition
The members of the NLRB are appointed by:
A. Congress.
B. the president.
C. the Senate.
D. the House of Representatives.
E. the Department of Labour
Suppliers of defective parts can be prosecuted on the basis of _____.
A. assumption-of-the-risk
B. trespass
C. compensatory negligence
D. assault
E. strict products liability
Under Section 1981 of the Civil Rights Act of 1866:
A. damages are limited to $300,000 per person.
B. damages are unlimited.
C. a plaintiff must first go through the EEOC to file an employment suit.
D. a plaintiff can sue for unlimited damages for discrimination based on sex, religion,
national origin, or age.
E. damages also include legal fees.
Which of the following is true of licensing arrangements?
A. Licensing requires international businesses to make direct foreign investment to
enter foreign markets.
B. Licensing often is used by firms as an expansion technique in the domestic market.
C. Licensing agreements must follow the local laws where they operate.
D. Licensing agreements are governed by international trade and business laws.
E. Licensing technology requires substantial capital to expand a company's market.
Which of the following statements is true of the Uniformed Services Employment and
Reemployment Rights Act?
A. Employers may retaliate against anyone assisting in the enforcement of USERRA
rights, provided that person has no service connection.
B. It contains health insurance provisions.
C. Covered individuals who leave a job to perform military service are barred from
continuing any existing employer-based health plan coverage.
D. For individuals who elect to continue coverage, they have the right to be reinstated
in the employer's health plan when reemployed.
E. It applies to all individuals released from service irrespective of whether it was under
"honorable conditions" or "dishonorable conditions"
