LWB 849 Quiz 1

subject Type Homework Help
subject Pages 9
subject Words 1439
subject Authors Henry R. Cheeseman

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An employer threatening to close an organization because employees of an organization
formed a union is considered an unfair labor practice.
Res ipsa loquitor is a tort in which the violation of a statute or an ordinance constitutes
the breach of the duty of care.
An injunction is an equitable doctrine that permits the court to rewrite a contract to
express the parties' true intentions.
All trusts are deemed irrevocable at the time of creation.
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When the states ratified the Constitution, they delegated certain powers€called
enumerated powers€to the federal government.
Battery committed by an agent in the principal's premises and during the scope of
employment is considered an unintentional tort.
The FTC Act can be used to recover treble damages.
What is repossession?
A) a right granted to a debtor to take possession of the collateral after repayment of the
debt
B) a right granted to a debtor to take possession of the collateral before repayment of
the debt
C) a right granted to a secured creditor to take possession of the collateral on default by
the debtor
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D) an act of possession of the collateral by the court owing to default by both debtor
and creditor
The ________ prohibits health insurance companies from terminating health insurance
coverage when a person gets sick.
A) Health Care Reform Act
B) Drug Amendment of the FDCA Act
C) Medical Device Amendment Act
D) Food, Drug, and Cosmetic Act
Orlando opened a hot dog stand in Brooklyn which unfortunately did not earn him a
profit. He had borrowed $5,000 from the bank to set it up, which had to be repaid to the
bank in two days. However, Orlando's friend Bob agreed to partner with him starting
the subsequent month. From which of the following sources can the bank recover its
$5,000 with interest?
A) Orlando's secondary financer
B) Orlando's savings account
C) Orlando's family
D) Bob, Orlando's prospective business partner
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Mansfield Dairies entered into a contract with Aratez Inc., a dairy product food
processing company, to provide dairy products for a period of four years. The contract
included a provision for a one-year limitation period in case of breach. But with less
than a year left on the contract, Mansfield Dairies stopped shipment of milk products to
Aratez Inc. Under the UCC statute of limitations, which of the following would be true
with reference to Aratez's right to bring a lawsuit against Mansfield Dairies for breach
of contract?
A) The lawsuit could be filed anytime within one year from the breach.
B) The lawsuit could only be filed after the expiration of the contract.
C) The lawsuit could not be filed as there was less than a year left to complete the
contract.
D) The lawsuit could be filed any time within four years from the breach.
Which of the following is a mandate of the Nuclear Waste Policy Act to the
government?
A) to set standards for radioactivity in the environment
B) to select a permanent site for the disposal of nuclear wastes
C) to regulate thermal pollution from nuclear power plants
D) to use wetlands as a source of nuclear wastage disposal
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Which of the following qualifies as the termination of an agency by impossibility of
performance?
A) the loss of a required qualification
B) the bankruptcy of the principal
C) the insanity of either the principal or the agent
D) the conviction of either the principal or the agent
________ is a system in which each shareholder votes the number of shares he or she
owns on candidates for each of the positions open.
A) Cumulative voting
B) Straight voting
C) Supramajority voting
D) Trust voting
A complainant may file his or her employment discrimination claim with ________
instead of the Equal Employment Opportunity Commission (EEOC).
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A) Americans with Disabilities Agency (ADA)
B) Age Discrimination in Employment Agency (AEDA)
C) a state Fair Employment Practices Agency (FEPA)
D) Bona fide occupational qualification Agency (BFOQA)
What of the following is true of an "as is" disclaimer?
A) It disclaims all implied warranties.
B) It disclaims all express warranties.
C) It is a type of implied warranty.
D) It cannot be replaced by another warranty.
Steve brings his watch to Knell Watches to be repaired. Knell Watches sells and repairs
watches. Steve entrusts his watch at Knell's until it is repaired. The watch store repairs
the watch, but then sells it to Kevin, who buys the watch with a fraudulent check that
bounced. Kevin then resells the watch to his friend Jonathan, who is unaware of the
stolen nature of the watch. Who can legally claim ownership over the watch in court?
A) Jonathan
B) Steve
C) Knell Watches
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D) Kevin
A ________ is a seller's or lessor's express or implied assurance to a buyer or lessee that
the goods sold or leased meet certain quality standards.
A) bond
B) caveat emptor
C) warranty
D) collateral
Which of the following is true of the Taft-Hartley Act?
A) It establishes the right of employees to bargain collectively with employers.
B) It gives employers the right to engage in free-speech efforts against unions.
C) It provides for the equal representation of skilled and unskilled workforce.
D) It gives the president of the United States the right to seek an injunction against a
strike.
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Biosafety Protocol is a United Nations-sponsored protocol that requires signatory
countries to place the label ________ on all genetically engineered foods.
A) "Warning-unnatural food particles"
B) "May contain living modified organisms"
C) "FDA tested and approved food"
D) "WHO tested and approved food"
Which of the following is true of a branch office of a multinational corporation?
A) Branch offices cannot be setup in foreign countries.
B) Branch offices are considered separate legal entities.
C) There is no liability shield between the corporation and the branch office.
D) The corporation is not liable for the torts committed by personnel of the branch
office.
AtlasNow Construction Company, a general contractor, plans to place a bid for building
a hospital. It requests bids from subcontractors for plumbing and other construction
related services that will be needed for building the hospital. Catapipes Plumbing
Company, a plumbing subcontractor, submits the lowest bid for the plumbing work, and
AtlasNow incorporates Catapipes's low bid in its own bid for the general contract.
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Based on all of the subcontractors' bids, AtlasNow submits the lowest overall bid to
build the hospital and is awarded the contract. Which of the following condition is
required for the two companies to enter into a legally enforceable contract?
A) The considerations must be beneficial to both parties involved.
B) The considerations must be detrimental to both parties involved.
C) The considerations must be mentioned in writing in the contract.
D) The considerations must be bargained-for exchange of a service or product.
When Congress enacted the Securities Act of 1933, it created the Securities and
Exchange Commission, a(n) ________, to administer and enforce those statutes.
A) law enforcement authority
B) short-term commission
C) federal administrative agency
D) intelligence agency
What is a Chapter 7 discharge?
A) The termination of the legal duty of an individual debtor to pay both secured and
unsecured debts before he or she is granted a court trial.
B) The termination of the legal duty of an individual debtor to pay unsecured debts that
remain unpaid upon the completion of a Chapter 7 proceeding.
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C) The cancellation of all debts of a debtor that remain unpaid upon the completion of a
Chapter 13 proceeding.
D) An instruction to the debtor to propose a plan to pay all or a portion of the debts he
or she owes in installments.

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