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Who developed the theory of the categorical imperative?
A. Socrates
B. Plato
C. John Rawls
D. Immanuel Kant
E. Charles Darwin
Antonio and Fred were playing soccer when Fred accidently kicks Antonio's shin
instead of the football during a pass. Antonio is seriously injured and will not be able to
play for at least six months. If Antonio sues Fred, which of the following defenses can
Fred use?
A. Cause in fact
B. Assumption-of-the-risk
C. Statute of response
D. Strict liability
E. False imprisonment
Which of the following types of businesses enjoys a statutory exemption from the
Sherman Act?
A. Insurance companies
B. Pharmaceutical companies
C. Educational institutions
D. Software companies
E. Consumer products companies
Which of the following is true of caucuses in dispute resolution?
A. They generally occur during a mediation proceeding.
B. They only occur when mandated by a court order.
C. A caucus involves both parties negotiating without the mediator.
D. They are illegal because they are considered exparte communications.
E. Caucuses are synonymous with denovo reviews.
Madison promises Grace $10 if Grace will pick-up her dry cleaning for her. This is an
example of a _____ contract.
A. bilateral
B. unilateral
C. voidable
D. void
E. unenforceable
As part of the trademark application process, the Patent and Trademark Office places a
proposed mark in the ________ which gives existing mark owners notice and allows for
objection.
A. Official Gazette
B. Federal Register
C. Legal section of major newspapers
D. Congressional Record
E. Principal Register
_____ refers to the act of pricing below marginal cost by a company willing and able to
sustain losses for a prolonged period to drive out competition.
A. Transfer pricing
B. Rational pricing
C. Congestion pricing
D. Predatory pricing
E. Psychological pricing
In the past, courts have mainly used:
A. statutory law to resolve consumer disputes.
B. constitutional law to resolve consumer disputes.
C. administrative regulations to resolve consumer disputes.
D. principles of common law to resolve consumer disputes.
E. principles of procedural law to resolve consumer disputes.
The purpose of the Social Security Act is to provide:
A. employment.
B. disability benefits.
C. policy guidance on employment discrimination.
D. protection for employee privacy.
E. provisions for restrictions on child labor.
In the United States, the counterpart of expropriation is called:
A. nationalism.
B. zoning.
C. police powers.
D. eminent domain.
E. confiscation
In which of the following cases will courts most likely use judicial review to change the
awards of voluntary arbitration?
A. Both parties are dissatisfied with the award.
B. The decision violates a positive mandate of the law.
C. The arbitrator reached erroneous findings of fact from the evidence.
D. One party is dissatisfied with the award.
E. The arbitrator misunderstands the law.
A statement or representation is _____ if it is known to be untrue or is made with
reckless indifference as to its truth or falsity.
A. fraudulent
B. a material fact
C. a felony
D. a misdemeanour
E. in good faith
Environmental impact study scoping refers to:
A. designating specific geographic areas that a contemplated action will affect.
B. estimating the specific population that a contemplated action will affect.
C. designating which environmental issues of a contemplated action are most
significant.
D. specifying a backup plan should a contemplated action cause unforeseeable damage.
E. specifying future environmental changes and the necessary corrective action
required.
Under Superfund, the costs for restoring land to its previous condition is called:
A. reformation.
B. remediation.
C. rehabilitation.
D. reconstruction.
E. reclamation.
A defendant is liable for _____ if, without right, he/she intentionally enters land in
possession of another or causes something to do so.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
In constitutional law the idea that courts should understand the meaning of the
Constitution relative to the times in which they interpret it is known as _____.
A. constitutional relativity
B. legal realism
C. originalism
D. dicta
E. rule of law
Typically, the winner at the trial court level is called the _____ on appeal.
A. appellee
B. appellant
C. counterplaintiff
D. third party
E. magistrate
_____ is a court's power over the issues involved in the case.
A. Power of attorney
B. Judicial restraint
C. Subject matter jurisdiction,
D. Judicial activism
E. Res judicata
Which of the following qualifies a sole proprietorship?
A. Owned by one person
B. Owned by one family
C. Has only one location
D. Activities in only one state
E. Has only one activity
Whenever two or more people wish to own a business together, they enter into a formal
agreement called the:
A. articles of confederation.
B. articles of incorporation.
C. articles of partnership.
D. articles of association.
E. articles of integration.
One major purpose of the Fair Labor Standards Act is to provide:
A. overtime pay.
B. guaranteed employment.
C. disability benefits.
D. antidiscrimination policies.
E. private pension plans.
Which of the following defenses absolutely bars a plaintiff from recovery?
A. Comparative negligence
B. Contributory negligence
C. Partial negligence
D. Proximate negligence
E. Actual negligence
A negotiation between a seller and a buyer begins with each party stating their
respective expectations. The seller starts with as high an asking price as is considered
reasonable. Likewise, the buyer begins with the lowest reasonable price. This is an
example of:
A. positional bargaining.
B. principled negotiation.
C. interest-based negotiation.
D. fact bargaining.
E. surface bargaining.
Stealing credit card or debit card information by using a special storage device when
someone is processing their card is called:
A. phishing.
B. hacking.
C. infringing.
D. spamming
E. skimming
Which of the following is an example of ponzi schemes?
A. Ursula pays an advance of $500 to Stan Electronics for a microwave oven, which is
not delivered to her as promised.
B. Harry assumes his father, Tom's, identity, when swiping Tom's credit card for
purchases and signing the receipts.
C. Jenny receives a call from a person selling mobile phones, and purchases a phone by
giving her financial information to the unknown caller.
D. Heidi receives an e-mail which offers her an opportunity to share a percentage of
millions of dollars.
E. James invests his funds with Tim, who gives James high returns', but flees with the
remainder money after attracting new investors.
Flo has been working at ABC Corporation for four-and-a-half years. Her pension plan
will vest at her five-year work anniversary. She has had great performance evaluations
and has received regular raises and promotions. The internal finance department has
determined that cost cutting is needed to keep the company profitable. They
recommend that Flo be fired before her pension vests and becomes a permanent liability
against the corporation. They cannot fire her to keep her pension from vesting based on:
A. ERISA.
B. COBRA.
C. HIPPA.
D. FLSA.
E. IRCA.
According to _____, judges in current cases follow whenever possible the interpretation
of law determined by judges in prior cases.
A. staredecisis.
B. constitutional realism.
C. statutory construction.
D. constitutional relativism.
E. legal realism.
By requiring state legislation and regulation to protect the public's health, safety,
morals, and general welfare, _____ give(s) state governments expansive power to
regulate business activities.
A. eminent domain
B. Presidential authority
C. commerce clause
D. police powers
E. federal authority
An employee must file charges of illegal discrimination with the EEOC within _____
days after the unlawful practice occurred.
A. 90
B. 120
C. 180
D. 365
E. 60
Electronics, Inc., sells 250 radios on credit at $20 apiece to Radio Land Retail.
Electronics then sells its rights under the contract to Manufacturers' Credit Co. When
the payment becomes due, Manufacturers' Credit collects the $5,000 owed to
Electronics by Radio Land. This transaction is controlled by the law of _____.
A. negotiation
B. agreement
C. assignment
D. novation
E. representation
Sarah has given 24 acres of land to Kent County for as long as the land is used as a
park. Kent County has a:
A. life estate.
B. fee simple defeasible.
C. fee simple absolute.
D. tenancy in common.
E. warranty deed.
A(n) _____ contract is the one in which the promised terms of the contract have been
discussed by the parties.
A. express
B. reciprocal
C. implied
D. bilateral
E. unilateral
