In a manager-managed LLC (limited liability company), it is necessary that the
manager is a member of that LLC.
A change of venue may be requested in order to find a jury that is not prejudiced.
Shareholders are permitted to submit issues for a vote to other shareholders.
If the accused cannot afford a private defense lawyer, the government will provide one
free of charge.
The defense of breach of contract is effective against an HDC.
An exculpatory clause that results from superior bargaining power is usually found to
be void.
To bring a claim for disparate-treatment discrimination, the complainant must prove
that ________.
A) he or she is disabled
B) he or she was rejected due to over-qualification
C) he or she belongs to a Title VII protected class
D) he or she is covered by Title I of the Americans with Disabilities Act (ADA)
Which of the following is true of intellectual property of a franchisor?
A) Trademarks do not qualify for patents.
B) A word or motto that identifies a franchisor does not qualify for trademark
protection.
C) A service mark is exclusive to the franchisor and cannot be licensed to franchisees.
D) Trade secrets of a franchisor do not qualify for patent protection.
Martha draws a check payable to the order of Stella. Stella indorses the check to Karen.
But Leslie steals the check from Karen, forges Karen’s indorsement, and cashes the
check at a liquor store. When the forgery is exposed, whom can the liquor store legally
recover from?
A) Martha
B) Leslie
C) Karen
D) Stella
A test to determine merchantability based on unfamiliar objects found in food is known
as the ________.
A) foreign substance test
B) consumer expectation test
C) contamination test
D) contagion test
Bill and Deidre were married for 22 years. They died in a car accident without leaving
behind a will. They had no surviving children, but they were close to many of their
living relatives. According to the Uniform Simultaneous Death Act, how would the
couple’s properties be distributed following their death?
A) It would be made into a charitable fund by a court-appointed trustee.
B) It would escheat to the government.
C) It would be distributed to their respective relatives.
D) It would be sold by the government, and the proceedings from the sale would then
go to their relatives.
The term ________ refers to a defense that says a person who is injured by a defective
product but has been negligent and is partially responsible for his or her own injuries
cannot recover from the defendant.
A) contributory negligence
B) negligence per se
C) assumption of risk
D) comparative negligence
A(n) ________ is a withdrawal of an offer by the offeror that terminates the offer.
A) rejection
B) advertisement
C) revocation
D) counteroffer
Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of
the following can Stella use to recover damages from Michael?
A) doctrine of unintentional tort
B) doctrine of proximate cause
C) doctrine of negligence
D) transferred intent doctrine
Which of the following gives employees the right to join together to form a union?
A) Section 1 of the Wagner Act
B) Section 3 of the Landrum-Griffin Act
C) Section 7 of the National Labor Relations Act
D) Section 1 of the Taft-Hartley Act
An arrangement in which a third party promises to be primarily liable with the borrower
for the payment of the borrower’s debt is referred to as a(n) ________.
A) garnishment
B) accommodation
C) surety arrangement
D) guaranty arrangement
The ________ says that when an administrative agency is created, it is given certain
powers; the agency can use only the legislative, judicial, and executive powers that are
allotted to it.
A) doctrine of Equity
B) delegation doctrine
C) doctrine of Promissory Estoppel
D) doctrine of privity
Which of the following intellectual properties is protected by the Lanham Act?
A) trademark
B) trade secret
C) copyright
D) patent