After a valid election to certify a union has been conducted by the NLRB, another
election is:
A. permitted within six months regardless of whether the union wins the certification
vote.
B. permitted within six months regardless of whether the union wins or loses the
certification vote.
C. is not permitted for three years regardless whether the union wins or loses the
certification vote.
D. is not permitted for one year regardless whether the union wins or loses the
certification vote.
E. is not permitted for five years regardless whether the union wins or loses the
certification vote.
Whom does the PTO assign to consider a patent application?
A. Claims officer
B. Patent examiner
C. Patent officer
D. The Supreme Court
E. Patent issuer
The World Trade Organization was created as a result of the:
A. Geneva Convention.
B. Uruguay Round.
C. Bretton-Woods Conference.
D. Asian-Pacific Round.
E. Convention of International Sale of Goods
Short-swing profits:
A. refer to any profits made by insiders who buy and sell company stock within a
three-month time period.
B. rule of Section 16 depends on any misuse of information.
C. by insiders, regardless of the insiders’ states of mind, are absolutely prohibited.
D. requires proof of intent to deceive under Section 10(b).
E. liability is created by the Securities Act of 1933.
In 1914, Congress, recognizing that the Sherman Act needed to be more specific,
enacted the _____ as an amendment to the Sherman Act.
A. Clayton Act
B. Fair Credit Billing Act
C. Securities Act
D. Truth in Lending Act
E. Robinson-Patman Act
In a negligence suit, a plaintiff must prove that:
A. the defendant actually caused the injury.
B. the defendant could have caused the harm.
C. the plaintiff knew the potential for injury.
D. the defendant has published untrue statements about the plaintiff.
E. the defendant had a malicious intent.
Which is the best definition of “the good”, as defined by philosophers?
A. Increasing profit margins on a quarterly basis.
B. The moral goals and objectives we choose to pursue.
C. The acquisition of all of the things necessary for having a good life.
D. Whatever makes an individual happy.
E. Eating meat and consuming alcohol.
_____ provides that judicial power be vested in the Supreme Court and such lower
courts as Congress may create.
A. The Sherman Act
B. The First Amendment
C. Article III of the Constitution
D. The Fifth Amendment
E. The Federal Arbitration Act
The civil penalty provided by the Insider Trading and Securities Fraud Enforcement Act
of 1988 for profits gained with nonpublic information is:
A. imprisonment up to two years.
B. return of illegal profits gained.
C. recovery of double damages.
D. recovery of triple damages.
E. imprisonment up to a period of 10 years.
In a bankruptcy proceeding, which of the following debts will have the lowest priority?
A. Government tax claims.
B. Employees who are owed wages earned within 90 days of filing.
C. Consumers who have paid deposits or prepayments for undelivered goods or services
up to $1,800 per consumer.
D. Creditors with claims in the ordinary course of business incurred after the
bankruptcy was filed.
E. Creditors with claims that arise from the costs of preserving and administering the
debtor’s estate.
Which of the following is true of grand and petit juries?
A. Grand juries have the same rights and duties as petit juries.
B. Grand juries determine the guilt or the innocence of the accused.
C. Petit juries determine the guilt or the innocence of the accused.
D. Petit juries determine if there is sufficient evidence to warrant a trial.
E. Grand juries present the evidence to determine the guilt or innocence of an accused.
Albert has falsely reported income, which he obtained from illegally selling drugs in his
neighborhood, as income obtained from his job at Seven Eleven Mart. Albert is guilty
of which of the following?
A. Larceny
B. Embezzlement
C. Money laundering
D. Burglary
E. Robbery
The International Court of Justice is also called the:
A. World Court.
B. Supreme World Court.
C. World Chancery Court.
D. Court of International Acclaim.
E. World Trade Court.
A military institute in California launched a separate program for women. However, the
senior members of the program held that women would not be provided with the same
type of rigorous military training, facilities, courses, faculty, financial opportunities, and
alumni connections that were provided to male cadets. The women cadets of the
program filed a suit in order to get justice. Which of the following approaches should be
applied to enable the women avail justice?
A. Minimum rationality approach
B. Strict scrutiny approach
C. Quasi-scrutiny approach
D. Intermediate scrutiny approach
E. Rational basis approach
Which of the following is a valid bailment?
A. Babysitting your sister’s child for the weekend
B. House-sitting for a friend over the weekend
C. Feeding your neighbor’s dog (who lives in the yard in a doghouse) by tossing food
over the fence
D. Borrowing your friend’s car for a day
E. Accidentally dropping your car keys in a restaurant
Infro, Inc., is a major lender licensed to lend only in Delaware. Infro tracks the payment
history of its customers and finds that customers in Sussex County perform far below
customers in the other counties. Assume that the county which is heavily into farming
and low-paying industrial jobs is 25 percent African-American and has a 40 percent
population of legal and illegal immigrants. Infro finds that while it is profitable overall,
it is losing money on the Sussex County loans. Further research reveals that Sussex
County is one of the poorest-performing customer bases nationwide and that most
companies doing business in the county are losing money. The board of directors
decides not to make any more loans in Sussex County. Which of the following is true?
A. Before Infro implements its decision, it must get permission from the FTC to do so.
B. If Infro goes through with its decision, it is engaging in redlining which is illegal.
C. If Infro goes through with its decision, it is engaging in reverse redlining which is
illegal.
D. Infro, as a private company, is free to make business decisions that are advantageous
to the company and has done nothing wrong.
E. If Infro goes through with its decision, it is engaging in liquorlining which is legal.
Gerard was hired to publish a weekly journal in the state of California. When he printed
another person’s article that criticized the governor of a state at the time, Gerard was
accused of a certain tort theory. Which of the following tort theories would he most
likely be accused of?
A. Libel
B. Calumny
C. Slander
D. Vilification
E. Traducement
Affirmative action:
A. is the same thing as setting a quota.
B. is prohibited by the 1991 Civil Rights Act amendments.
C. requires that federally contracting employers recruit members of minority groups
being underused in the workforce.
D. requires that all employers hire members of minority groups being underrepresented
in the labor force.
E. states that the act of hiring for a discriminatory reason is apparently illegal.
Jurisdictional strikes:
A. are a good tool to force negotiation.
B. involve more than one employer.
C. are an unfair labor practice.
D. help unions gain bargaining position.
E. helps the employers to rein in erring unions.
What type of laws divides counties or municipalities into use districts designated as
residential, commercial, or industrial?
A. Purchase money security interest
B. Zoning ordinance
C. Adverse possession
D. Eminent domain
E. Partitioning
The “_____” provisions of the FCRA requires that consumers who are seeking credit
for personal, family, or household purposes be informed if their application is denied
because of an adverse credit report.
A. server
B. subscriber
C. access
D. content
E. user
Which of the following is credited with this expression: “[T]he theory of the
Communists may be summed up in a single sentence: Abolition of private property.”
A. Bertrand A. Russell
B. Karl Marx
C. Samuel Adams
D. Justice Potter Stewart
E. Albert Camus
A merger in which the companies neither compete nor are related as a customer or
supplier is called a:
A. product market extension merger.
B. vertical merger.
C. horizontal merger.
D. conglomerate merger.
E. geographic market extension merger.
The national “Do Not Call” list was created by a(n):
A. Congressional statute.
B. FTC trade regulation.
C. executive order.
D. uniform statute established on the state’s level.
E. procedural law.
The general way of perfecting a security interest under Article 9 is to file a(n):
A. artisan’s lien.
B. financing statement.
C. deed of trust.
D. warranty deed.
E. creditor’s instrument.
Maria has been sued in federal court by her former roommate, Theresa, who is a lawyer.
Maria and her lawyer look at the complaint and see that it is mean-spirited and
vindictive, and lacks any legitimate claims. Maria’s lawyer determines that Theresa is
merely bullying Maria, hoping to continue the feud that resulted in Maria moving out of
their apartment. What may Maria’s lawyer do to ensure that Theresa does not file this
kind of vindictive case again?
A. Have Theresa arrested after the statute of limitations runs out
B. File a motion to have Theresa extradited
C. File for sanctions under Rule 11 of the Federal Rules of Civil Procedure
D. File a motion for judgment notwithstanding the verdict
E. File for judicial discipline under Rule 37 of the Federal Rules of Civil Procedure
In Batson v. Kentucky, the Court specifically declared that the use of peremptory
challenges by prosecutors in criminal cases to excluded jurors on the basis of _____
violated the equal protection clause.
A. gender.
B. religious preference.
C. race.
D. national origin.
E. intelligence.
Finishing the construction of a home two days after the contract called for completion
(no injury occurs) most likely will be considered:
A. significant performance.
B. implied performance.
C. breach of contract.
D. substantial performance.
E. material breach.
If the defendant, upon being served, decides to sue the plaintiff, the defendant is then
called the _____.
A. plaintiff
B. counterplaintiff
C. counterdefendant
D. appellant
E. appellee
Congress explicitly affirmed labor’s right to organize and to bargain collectively in the:
A. Wagner Act.
B. Taft-Hartley Act.
C. Norris-LaGuardia Act.
D. None of these.
E. Comstock Act.
The Charter of the United Nations sets forth as its primary goal:
A. combating corruption and corrupt practices in other countries.
B. providing individual measures for the prevention and removal of threats to peace.
C. ensuring that justice is delivered at all levels in all member countries.
D. implementing a just and fair international law that guides international commercial
transactions.
E. eradicating cyber-squatting and criminal practices involving the Internet, in all
member countries.
