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Meghan was pulled over by a policeman for speeding. Despite being cooperative,
non-threatening and obviously not intoxicated by liquor or drugs, the policeman orders
her out of the car and frisks her. He finds a small bag of marijuana in her pocket. This
search and seizure was illegal. After she is arrested, her attorney wants the discovery of
the marijuana suppressed because of the illegal search. The attorney would file a:
A. motion for a directed verdict.
B. motion for a summary judgment.
C. motion to dismiss for failure to state a cause of action.
D. motion in limine.
E. motion to sequester witnesses.
The source of law which ranks the lowest among all the others is a _____.
A. local ordinance
B. statute
C. case law
D. state administrative regulation
E. federal administration regulation
Which of the following is true about the creation of a corporation?
A. It is created under federal law.
B. It created under state law.
C. The formal application for a corporate charter is called the articles of association.
D. It is regulated only by local statutes.
E. Corporations are inexpensive to form.
Under the Employee Polygraph Protection Act:
A. employers cannot be sued by the employees for violating the Act.
B. private employers are permitted to use lie detector tests while screening job
applicants.
C. current employees may not be tested randomly.
D. private security companies may not use lie detector tests while screening job
applicants.
E. current employees may not be tested even in cases involving specific incidents that
cause loss to an employer's business.
_____ refers to an act that causes inconvenience or damage to the public in the exercise
of rights common to everyone.
A. Direct interference
B. Negligence
C. Trespassing
D. Private nuisance
E. Public nuisance
Disadvantages of the corporate form of organization include:
A. single taxation.
B. cost of formation and maintenance.
C. unlimited liability.
D. dissolution from change in memberships.
E. lack of benefits for shareholders.
Mike is driving 15 miles over the posted speed limit when he is pulled over by Tom, a
local police officer. As Tom approaches the car, he hears Kathy in the front seat
moaning in pain. Mike tells Tom that Kathy is in labor and that he is rushing to the
hospital. Tom issues Mike a speeding ticket, nevertheless. Tom's ethical approach in this
matter most closely matches:
A. utilitarianism.
B. relativism.
C. the Protestant ethic
D. formalism.
E. hedonism.
_____ law both protects ownership and sets limits on private resource use.
A. Tort
B. Antitrust
C. Securities
D. Regulatory
E. Contract
In a(n) _____, the shareholders are taxed only on income distributed.
A. limited partnership
B. corporation
C. Limited liability company
D. sole proprietorship
E. S corporation
_____ can be inferred from the acts of an agent who holds a position of authority or
who had actual authority in the previous situation.
A. Principal authority
B. Legal authority
C. Situational authority
D. Implied authority
E. Apparent authority
According to Roger Fisher, William Ury, and Bruce Patton, in principled negotiation,
_____ are outcomes that are possible without the agreement of the other party.
A. commitments
B. alternatives
C. options
D. interests
E. relationships
For the Department of Interior, the Endangered Species Act is administered by the:
A. Fish and Wildlife Services.
B. EPA.
C. National Marine Fisheries Services.
D. FEPCA.
E. Fish and Wildlife Services and the National Marine Fisheries Services.
Which of the following is not a permissible payment for routine government action
under the Foreign Corrupt Practices Act?
A. Obtaining permits.
B. Processing visas.
C. Travel expenses to a foreign official for performing a contractual obligation.
D. Scheduling inspections associated with the transit of goods across the country.
E. Loading and unloading cargo.
With respect to an employee's religious beliefs, an employer must:
A. do exactly as the employee expects.
B. make reasonable accommodation.
C. accommodate the employee even if it creates undue hardship to the employer.
D. do nothing; religion is not a workplace issue.
E. accommodate the employee even if it means inconveniencing other employees.
Office Co. has sued Toner Co. and has already filed a complaint. A major issue of
dispute is the wording of the original contract. Which discovery method should Office
Co. use to get Toner Co. to present the original sales contract?
A. Deposition
B. Interrogatories
C. Extradition
D. Request for admission
E. Request for production
Which of the following is true of comparative negligence?
A. It completely bars the plaintiff from recovering any damages.
B. It allows the plaintiff and the defendant to settle the dispute through arbitration.
C. It allows the plaintiff to claim only putive damages but not actual damages.
D. It allows the plaintiff to claim damages only if a proximate causation is established.
E. It compares the plaintiff's and the defendant's fault and reduces the damage award
proportionally.
The Fair Credit Reporting Act applies to anyone who prepares or uses a credit report in
connection with:
A. opening a bank account.
B. promoting an employee.
C. selling real estate.
D. granting a business license.
E. extending credit.
"Creation" means:
A. the legal steps required to form a particular business organization.
B. the concept of a business.
C. the intent to create a business.
D. a paradigm shift in a business.
E. the relation of the organization's existence to its owners.
Valid consideration can include any promise to do something one has no obligation to
do, refrain from doing something one has the right to do, or in the case of a unilateral
contract, a performance when there is no obligation to do so. This is called as a(n)
_____.
A. accord
B. legal detriment
C. release
D. negotiation
E. promissory estoppel
The process of registration created by the Uniform Securities Act is known as
registration by:
A. coordination.
B. notification.
C. qualification.
D. pronouncement.
E. announcement.
The poor may benefit from a private property system more than the rich because private
property systems promote _____.
A. diversification of financial obligations.
B. protections of all citizens' resources.
C. accumulation of wealth.
D. unethical conduct.
E. gender equality.
Which of the following is an example of "race norming"?
A. Setting a quota designed to balance the black/white percentage of an employer's
workforce.
B. Conducting lessons in the English language for non-English-speaking employees to
further effective communications.
C. Designing an employment test and setting the passing score for white job applicants
at 75 percent and the passing score for the minority job applicants at 65 percent.
D. Firing white employees to make room for new African-American hires.
E. Providing more promotion opportunities to members of a particular race at the
expense of the others.
Josh's dog, Ginger, has run away so Josh places reward posters throughout the
neighborhood offering $500 for anyone who brings Ginger home safely. Amanda, Josh's
colleague sees Ginger and brings her back to Josh without ever seeing a poster. After
returning the dog, Amanda then sees one of the reward posters and returns to claim the
money. Which of the following is true of this situation?
A. Amanda is not entitled to the money because the offer was not communicated to her.
B. Amanda is not entitled to the money because she is Josh's colleague and acted in
good faith.
C. Amanda is entitled to the money because the poster constituted an offer and is
effective for the entire neighborhood.
D. Amanda is entitled to the money since performance of the requested act in the poster
indicates acceptance.
E. Amanda is not entitled to the money since she did not communicate the acceptance
of offer in writing.
The concept of incorporation through the _____ clause has made the protection of the
Bill of Rights applicable to individuals subject to state and local regulations.
A. supremacy
B. contract
C. due process
D. limitation
E. exclusion
Rachel owns a beach home and wants to build a deck. Zoning restrictions limit decks to
120 square feet, but Rachel wants to build one that is 144 square feet.
A. If she builds it, then she can't be asked to tear it down once it's completed.
B. She should ask for a nonconforming exemption.
C. She should ask for a variance.
D. She must shift to some other location, because once zoning ordinances are in place,
they allow for no changes, variations, or exceptions.
E. Her only recourse is to lobby her local zoning board to force them to change the
restriction.
The _____, as permitted by the Robinson-Patman amendment refers to price
differentials based on differences in the cost of manufacture, sale, or delivery of
commodities.
A. good-faith meeting-of-competition defense
B. mobile defense
C. position defense
D. changing conditions defense
E. cost justification defense
After an appeal, the losing party may petition the highest court in the system for a/n
_____.
A. subpoena
B. execution
C. brief
D. writ of certiorari
E. affidavit
