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Which of the following is true in case a patent expires?
A. It comes under the purview of the Supreme Court to restrict its use in public.
B. It is in the public domain and others may use it without limitations.
C. It is put aside for someone else to acquire.
D. It will be reviewed and reassigned to the same owner.
E. It will be declared as null and void and the invention will be declared useless.
The _____ in prior cases are precisely what was necessary to the decision reached.
A. dicta
B. holdings
C. citations
D. statutes
E. ordinances
Which of the following is true about the penalties and remedies under the
Truth-in-Lending Act?
A. There are no civil penalties for violation of Truth-in-Lending.
B. The criminal liability provisions make creditors liable to debtors for an amount equal
to twice the finance charge.
C. Creditors may avoid liability in the event they make an error, provided they notify
the debtor within 30 days after discovering the error.
D. If creditors avoid liability in making an error by notifying the debtor within 60 days
after discovering and correcting the error, the law allows for corrections in favor of the
debtor only.
E. Creditors are, in certain cases, allowed to collect finance charges in excess of those
actually disclosed.
Which of the following torts arises from causing someone to be arrested criminally
without proper grounds?
A. Invasion of privacy
B. Battery
C. Assault
D. Malicious prosecution
E. Trespassing
If the answer to a case is not clearly established by statute or by unquestioned
precedent, the judge must first extract from the precedents the underlying principle,
known as the _____.
A. obiter dicta
B. ratio decidendi
C. voir dire
D. habeas corpus
E. writ of ceritorari
Brett offers to sell his old, but working, cell phone to James for $65. James says he will
accept the offer if Brett lowers the price to $60. James has:
A. made an unequivocal acceptance.
B. made a counteroffer.
C. demonstrated the mirror image rule.
D. entered into an option contract.
E. entered into an executory contract.
Under the Resource Conservation and Recovery Act, a generator of wastes is obligated
to:
A. provide on-site disposal of the waste.
B. determine if a nonlisted waste is hazardous in terms of the chemical characteristics
specified by the Solid Waste Disposal Act.
C. determine whether its wastes qualify as hazardous.
D. produce no new chemicals.
E. pay punitive and speculative damages to the aggrieved party
_____ is an agreement or a "kind of partnership" for criminal purposes in which each
member becomes the agent or partner of every other member.
A. Felony
B. Bankruptcy crime
C. Counterfeit
D. Conspiracy
E. Misdemeanor
The Securities Enforcement Remedies Act:
A. allows for the prohibition of an individual's service as an officer or director of a
business organization.
B. created the SEC.
C. changes membership requirements of corporate audit committees.
D. requires proof of criminal violation for individual and organizational fines to be
imposed.
E. refrains from imposing liability on a theory of fraud on any person who shall make
or cause to be made any false or misleading statements.
Which of the following statements holds true for unions?
A. They represent all employees in the bargaining unit without discrimination.
B. They represent only dues-paying members of a bargaining unit.
C. They enter bargaining negotiations only when a significant number of members are
involved.
D. All of these.
E. None of these.
In order to hear a case, a court requires _____.
A. subject matter jurisdiction
B. standing to sue
C. power of attorney
D. garnishment
E. jury instructions
The person who holds legal title to trust property for the benefit of another is the:
A. beneficiary.
B. bailor.
C. bailee
D. benefactor.
E. trustee.
The National Environmental Policy Act:
A. establishes a tailor-made policy for each state to encourage productive and enjoyable
harmony with nature.
B. imposes specific duties on all state agencies.
C. promotes the understanding of natural resources important to businesses.
D. promotes the understanding of the ecological systems important to the United States.
E. demands that all state agencies prepare an environmental impact statement prior to
taking certain actions,
De novo review means that:
A. the court appoints an arbitrator to initiate arbitration proceedings.
B. the court tries the issues anew as if no arbitration occurred.
C. the court recommends that the party opt for mediation instead of litigation.
D. the court halts a mediation process and begins litigation.
E. the court takes into account the arbitrator's award in the litigation.
_____ mark(s) the first significant federal limitation on the relatively unrestricted right
of employers to hire and fire.
A. The Civil Rights Act of 1866
B. Passage of labor law in the 1920s and 1930s
C. The Civil Rights Act of 1964
D. Executive orders from President Franklin Roosevelt
E. Executive orders in the 1950s
The strict scrutiny approach is applied to cases involving rights such as the:
A. right to possess guns.
B. right to travel.
C. right to follow any establishment of religion.
D. right to exercise any religious practices.
E. right to free speech.
California's Proposition 209:
A. requires affirmative action in all government hiring.
B. prohibits affirmative action in public employment.
C. requires affirmative action plans of all businesses engaged in interstate commerce.
D. was overturned on appeal by the Supreme Court.
E. affects private employer affirmative action plans required by federal law.
Which of the following is true of the use of ADR techniques?
A. ADR techniques are ineffective once the pretrial process has begun.
B. Disputing parties must begin a lawsuit to use any form of ADR.
C. Disputing parties cannot use an ADR technique not specified in the original
agreement.
D. Disputing parties can agree to use an ADR technique after the dispute arises.
E. Litigation precludes the use of ADR techniques for dispute resolution.
Which of the following is the first step in protecting trade secrets?
A. A business must assert its property by preserving secrecy.
B. A business should decide who can visit the business and what areas can be seen by
them.
C. A business must establish the existence of a trade secret as it is critical in controlling
valuable knowledge resources.
D. A business must identify confidential knowledge-based resources by conducting a
trade secret audit.
E. A business must enforce visitors, suppliers, and customers to sign a non-disclosure
agreement.
Remedies for a violation of the ADEA may include:
A. back pay.
B. interest on the arrears to be paid for the period of nonemployment.
C. a compensatory bonus for the period of nonemployment.
D. promotion for an improperly fired employee.
E. damages for the psychological trauma of being fired illegally.
The Private Securities Litigation Reform Act mandated that:
A. plaintiffs could proceed with minimal evidence of fraud.
B. only the SEC could pursue claims against third parties not directly responsible for a
securities law violation.
C. the PCAOB was given the authority to decide whether third parties not directly
responsible for a securities law violation were nevertheless involved so closely with the
violation that they could have claims pursued against.
D. private plaintiffs who suffered injury could maintain private causes of action against
third parties not directly responsible for a securities law violation.
E. the FTC could pursue claims against third parties not directly responsible for a
securities law violation.
In advising advertisers about how it determines deceptive trade practices, the Federal
Trade Commission looks at all of the following EXCEPT:
A. the ad in context rather than focusing on certain words in the ad.
B. implied claimsthose that are literally made in the ad.
C. what the ad does not say.
D. whether the claim would be "material."
E. whether the advertiser has sufficient evidence to support the claims in the ad.
A grand jury transcript may be used at a trial to:
A. make additional charges.
B. impeach a witness.
C. substitute for testimony of witnesses unavailable at trial.
D. give a judge background and insight as to how the indictment was arrived at.
E. pronounce the guilt of the accused.
Who frames the issues to be resolved in arbitration?
A. The arbitrator
B. The judge
C. The parties to the dispute
D. The Supreme Court
E. The National Federation of Arbitrators
In a _____ type of regulatory authority, an agency can make decisions like a court.
A. quasi-judicial
B. quasi-executive
C. quasi-legislative
D. quasi-regulatory
E. quasi in rem
During an ice hockey game, Claude silently skates up to Gordie from behind and hits
him over the head with his stick. Claude is promptly thrown out of the game and
suspended by the league. Gordie is not injured because he is wearing a helmet. If
Gordie sues Claude, Claude would be guilty of:
A. assault.
B. battery.
C. intentional infliction of mental distress.
D. undue influence.
E. invasion of privacy.
Which of the following statements holds true for suits against unions?
A. Individuals, violating no-strike provisions of a collective bargaining contract can be
sued for action.
B. A labor organization may not be sued for the acts of its agents.
C. Members may not recover the money damages they suffer because of an illegal
strike.
D. If a union activity is both an unfair labor practice and a breach of a collective
bargaining agreement, NLRB's authority is not exclusive.
E. Any money judgment against an union is enforceable against any individual member.
Which of the following is true of nolo contendere?
A. It excuses a defendant from jail sentence.
B. It allows the prosecutors to bring forth a civil and a criminal suit against the
defendant.
C. It imposes the cost of the trial on the defendant.
D. It avoids criminal convictions forming a basis for civil suits.
E. It allows the defendant to plead guilty in court and avoid jail sentence
_____ jurisprudence supports the idea that law can and should change to meet new
developments in society.
A. Historical
B. Natural
C. Sociological
D. Positive law
E. Tort
