Helene, a disabled person, applies for a job at Industrial Engineering Applications Inc.
for which she is well qualiÂfied, but for which she is rejected. Industrial Engineering
continues to seek applicants and eventually fills the posiÂtion with a person who is not
disabled. Helene is most likely to succeed in a suit against Industrial Engineering for
discrimination under the Americans with Disabilities Act of 1990 if she can show that
a. she was not hired solely because of her disabilÂity.
b. she can function well with corrective devices or on medication.
c. her disability causes her undue hardship.
d. she could not perform the job even with reasonable accommodation.
Answer:
The U.S. Fish and Wildlife Service discovers that Grosse Farm Fisheries, Inc. has
violated a federal regulation. If no negotiated settlement can be reached, the agency will
most likely
a. issue a formal complaint against Grosse Farm.
b. do nothing.
c. file a petition with the U.S. Supreme Court.
d. impose immediate sanctions on Grosse Farm.
Answer:
Grid Tools & Hardware Company is subject to a decision by the Consumer Product
Safety Commission. Opposed to the decision, Grid Tools wants a court to review it.
First, however, the firm must use all of the potential administrative remedies. This is
a. an actual controversy at issue.
b. standing to sue.
c. the exhaustion doctrine.
d. the ripeness doctrine.
Answer:
Congress enables the Environmental Protection Agency to regulate air and water
pollution. This congressional act is
a. divine right.
b. a delegation of legislative power.
c. a gap-filling power.
d. arbitrary and capricious.
Answer:
Oliana is a partner in Pacific Traders. In the majority of states, with respect to any
partnership obligations that Oliana does not participate in, know about, or ratify, Oliana
would be liable for
a. none of the obligations.
b. all of the obligations, jointly and severally.
c. all of the obligations, jointly but not severally.
d. only the contractual obligations.
Answer:
An Iowa state statute requires amusement parks to maintain equipment in specific
condition for the protection of patrons. Jack’s Fun Park fails to maintain its equipment.
Keely, a patron, is injured. Jack’s has committed
a. a violation of a dram shop act.
b. negligence per se.
c. res ipsa loquitur.
d. a violation of a Good Samaritan statute.
Answer:
Mythic Games Company employs two hundred workers full-time. If Mythic Games
plans to have a mass layoff, it must provide its employees with notice of at least
a. thirty days.
b. sixty days.
c. ninety days.
d. one year.
Answer:
Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that
warrants only that Marco held good title during his ownership of the property. This
deed is
a. a grant deed.
b. a quitclaim deed.
c. a special warranty deed.
d. a warranty deed.
Answer:
Effervescent Egg Cream Company’s trademark is used by Fizzy Drinks without its
owner’s permission. Fizzy’s use of the mark is actionable provided that
a. consumers are confused.
b. Fizzy’s use is intentional.
c. Fizzy and Effervescent are competitors.
d. Effervescent’s mark is registered.
Answer:
Congress enacts a statute to outlaw a specific type of anticompetitive business
agreement. Like other laws that regulate economic competition, this law is referred to
as
a. a federal trade commission act.
b. an antitrust law.
c. an interstate commerce act.
d. a suppressive restraint on trade.
Answer:
The United States and other members of a certain organization agree to grant normal
trade relations (NTR) status to each other with regard to imÂports and exports. This
organiÂzation is
a. the Convention on Contracts for the International Sale of Goods.
b. the International Export-Import Bank.
c. the United Nations.
d. the World Trade Organization.
Answer:
Noah and Orin do business as Personnel Providers, an employment agency. In most
states, for purposes of suing and being sued, Personnel Providers, which is a
partnership, would be treated as
a. an aggregate of the individual partners.
b. a natural person.
c. an entity.
d. a non-existent party.
Answer:
The least expensive method of resolving a disÂpute between Ronald and Sharon may
be
a. arbitration because the case will be heard by a mini-jury.
b. litigation because each party will pay its own legal fees.
c. mediation because the dispute will be resolved by a non-expert.
d. negotiation because no third parties are needed.
Answer:
Sasha contracts to buy a franchise from TrustMe Financial Consultants Inc. The
contract is silent on the issue of territorial rights. When TrustMe allows a competing
franchise to be established near Sasha’s office, she suffers a significant loss in profits.
This is most likely a violation of
a. no law.
b. the ban on certain types of anticompetitive agreements.
c. the Federal Trade Commission’s Franchise Rule.
d. the implied covenant of good faith and fair dealing.
Answer:
Mieko is a shareholder of Natural Gas, Inc. Natural Gas uses cumulative voting to elect
directors. This means that the number of Mieko’s votes is determined by the number of
a. years that Mieko has been a shareholder.
b. members of the board to be elected multiplied by the total number of voting shares
that Mieko holds.
c. shareholders present at the shareholders’ meeting.
d. shareholders’ meetings that Mieko has attended.
Answer:
An environmental impact statement must analyze the impact on any affected business
of proposed environmental controls.
Answer:
In a limited partnership, a limited partner has full responsibility for the partnership and
for all its debts.
Answer:
Shareholders have the power to vote to elect or remove members of the board of
directors.
Answer:
The federal courts are superior to the state courts.
Answer:
The franchisor may require that the business use a particular organizational form and
capital structure.
Answer:
State laws protect individuals’ privacy rights, often to a significant degree.
Answer:
Corporations can demonstrate corporate social responsibility by promoting goals that
society deems worthwhile.
Answer:
After both sides have rested their cases, only the plaintiff’s attorney makes a closing
argument.
Answer:
Whenever a work-related injury or disease occurs, employers must make reports
directly to the Occupational Safety and Health Administration.
Answer:
Like statutory law, administrative law is created by legislatures.
Answer: