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All of the following are steps an employer can take to address allegations of
discrimination without triggering a retaliation claim EXCEPT:
A. treat complaints seriously as soon as they are made.
B. be sure managers and other employees know and follow the company's policies on
discrimination.
C. follow-up with the complainant, including explaining how the company will address
the problem.
D. take adverse action against a complainant based on information obtained in the
investigation.
E. create an atmosphere in which the complainant and others with information feel
comfortable coming forward with information.
The payment of a fee in connection with permission to use protected copyrighted works
is called a/an:
A. royalty.
B. permission.
C. authorization.
D. reparation.
E. commission.
_____ refers to the efforts of a debt collector to locate the debtor which may require that
the collector contact third parties who know of the debtor's whereabouts.
A. Bright-line rule
B. Judicial restraint
C. Prior restraint
D. Redlining
E. Skip-tracing
In which of the following situations is there a conflict of interest?
A. A judge who occasionally shops in a store that is involved in a case before the same
judge.
B. A real estate agent representing the buyer and seller of a house with permission from
the buyer and seller.
C. An agent working for a competitor of the agent's principal.
D. A bank regulator using a credit union.
E. A lawyer discussing a case with his or her boss.
An employee is eligible to qualify for the Family and Medical Leave Act benefits if the
employee has worked:
A. 1,040 hours during the previous 12 months.
B. 1,250 hours during the previous 12 months.
C. 1,950 hours during the previous 12 months.
D. 2,080 hours during the previous 12 months.
E. 3,000 hours during the previous 12 months.
A request for a second review is, in some states, called a writ of:
A. certiorari.
B. attachment.
C. possession.
D. replevin.
E. mandamus.
A subprime mortgage refers to a mortgage securing a loan that is issued:
A. to consumers at an interest rate lower than the prime interest rate established by the
treasury.
B. on property that cannot pass a reasonable safety inspection.
C. to customers with excellent creditworthiness at a lower than ordinary market rate.
D. to consumers who do not qualify for ordinary market rates due to a lack of
creditworthiness.
E. to consumers with excellent creditworthiness at a zero rate of interest.
The negligence of professionals is called _____.
A. trespass
B. malpractice
C. battery
D. fraud
E. assault
The Nike swoosh' is an example of what type of intellectual property?
A. Copyright
B. Patent
C. Certification mark
D. Trademark
E. Novelty
If an employee steels something from his employer then he is most likely to be
prosecuted for the tort of _____.
A. conversion
B. assault
C. trespass
D. battery
E. invasion of privacy
Which of the following defenses used in the case of strict product liability states that the
product met the prevailing industry standards at the time of its manufacture?
A. State-of-the-art
B. Statute of repose
C. Contributory negligence
D. Comparative negligence
E. Assumption-of-the-risk
If a word of a term in a written contract has _____, particular to the industry to which
the parties belong, the court will give the term or word that meaning.
A. ambiguous terms
B. a handwritten term
C. business banter
D. a trade usage
E. common words
Coach Kleats is in charge of the softball team at Phoenix Junior School. He loses his
temper with one of the substitutes following a game and slams the child against the
lockers in his anger. The child is badly bruised and is bleeding from the nose. The coach
can be sued for committing a(n) _____ tort.
A. negligence
B. intentional
C. strict liability
D. specific performance
E. criminal conduct
Which of the following protects the public against unreasonable risks of injury
associated with consumer products?
A. FCC
B. FTC
C. CPSC
D. EEOC
E. FERC
Which of the following is a mutual benefit bailment?
A. Renting a car
B. Lending your car to a friend without receiving consideration
C. Borrowing a car from a friend without paying consideration
D. Buying a car
E. Riding a bus
An employee at-will can be fired for:
A. taking time off from work to serve on jury duty after the boss asked the employee to
request a waiver.
B. making public the fact that the employer was cheating the government on a defense
contract.
C. taking time off from work to care for a dependant, without informing the employer.
D. making public statements about the hazardous working conditions in a company
E. taking time off from work to vote in the elections.
Punitive damages are also called _____ damages.
A. exemplary
B. compensatory
C. medical
D. extensive
E. contributory
To prove a pattern of racketeering the government must show:
A. Two acts of racketeering in a five year period.
B. Five acts of racketeering in a five year period.
C. Two acts of racketeering in a ten year period.
D. Five acts of racketeering in a ten year period.
E. One act of racketeering in a five year period.
Which of the following is true of the federal district courts?
A. They are the appellate courts of the federal judicial system.
B. There are only 12 such courts in the U.S.
C. These courts do not have the authority to impanel juries.
D. They lack subject matter jurisdiction over diversity of citizenship cases.
E. Most significant federal litigation begins in these courts.
According to the Parker v. Brown doctrine:
A. the usual and legitimate union activity that is exempt from the Sherman Act.
B. concerted efforts to lobby government officials are not anticompetitive.
C. the Sherman Act does not apply to state government.
D. not all independent action by a manufacturer is a per se violation of the Sherman
Act.
E. only unreasonable attempts to monopolize were covered by the Sherman Act.
Which of the following doctrines applies when a claim is originally filed in the courts?
A. The doctrine of estoppel
B. the doctrine of exhaustion of remedies
C. The doctrine of lapse
D. the doctrine of primary jurisdiction
E. The doctrine of precedent
Collective bargaining subjects are first classified as mandatory or voluntary by:
A. executive orders.
B. legislative enactment.
C. NLRB decisions.
D. the Sherman Act.
E. the Comstock Act.
If there are violations of the Equal Credit Opportunity Act (ECOA), affected
consumers:
A. have the right to file a petition to the president to seek redressal.
B. cannot seek public enforcement by the FTC but have the right to sue under private
remedies provided in the Act.
C. have to depend on public enforcement by the FTC as they do not have the right to
sue.
D. have the right to sue as well as the right to seek public enforcement by the FTC.
E. have the right to resort to intimidatory tactics against the guilty party.
A mother watches her child play on the street, when the child is hit by a car while
playing, and the mother files a lawsuit for damages against the driver. Which of the
following is true of this case?
A. The mother can claim punitive and actual damages, since the driver is liable for
willful and wanton negligence.
B. The mother is liable for punitive damages only and the driver is liable for
negligence.
C. The mother can claim a part of damages from the driver under comparative
negligence.
D. The driver is liable for assault and battery, and the mother can claim actual damages.
E. The driver will be held liable for proximate causation of the accident.
When deciding on the jury panel, a party in a lawsuit can challenge a prospective juror
on the basis of:
A. the prospective juror's race.
B. the prospective juror's gender.
C. the juror's lack of bias towards the case.
D. the prospective juror's ethnicity.
E. the juror's relationship to the opposing party.
When judges, decide appeals from trial courts, make decisions on legal issues, they
write their decisions, or _____, setting out reasons.
A. citations
B. opinions
C. codes
D. statutes
E. ordinances
Which of the following is a provision of the Taft-Hartley Act?
A. It permitted suits to be filed by union members for breach of contract against unions.
B. Individuals can be sued for violating no-strike provisions of a collective bargaining
contract.
C. It created the National Labor Relations Board (NLRB) to administer the act.
D. It established and defined six unfair labor practices by employers.
E. It authorized the NLRB to conduct hearings on unfair labor practice allegations
The Federal Truth-in-Lending Act:
A. sets minimum and maximum interest rates for various types of loans.
B. mandates that a financing statement be prepared when credit is extended by a
business to a consumer.
C. applies to personal property loans such as car or education loans, but does not apply
to real property loans such as a purchase of a house.
D. regulates the advertising used by lenders to attract loan customers.
E. establishes dischargeable debts in cases of bankruptcy.
Which of the following is true of violation of trade secrets' rights?
A. One must misappropriate another's information.
B. One must use another's information without permission.
C. Unauthorized use of another's information constitutes as a violation of trade secrets'
rights.
D. Stealing another's intellectual property violates trade secrets' rights.
E. Buying and selling of trade secrets violates the law of trade secrets.
Those who believe that judicial power should be exercised whenever the needs of
society justify such use believe in:
A. judicial functionality.
B. judicial activism.
C. judicial extension.
D. judicial abstention.
E. judicial absenteeism.
The World Intellectual Property Organizations Arbitration and Mediation Center hears
cases involving:
A. international patent and copyright.
B. sovereign immunity.
C. international trademark and trade secret.
D. domain name and cybersquatting.
E. copyright and patent violation.
Mike rents a car from Brandy for a day for $40. Which of the following statements is
correct?
A. This is a bailment for the sole benefit of the bailor.
B. Brandy is the bailee.
C. Mike owes the duty of slight care.
D. Brandy must tell Mike of any defects regarding the car that aren't obvious.
E. This is a bailment for the sole benefit of the bailee.
