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According to the Congressional Budget Office, poorer taxpayers pay a higher
percentage of their incomes in state and local sales taxes than do wealthier taxpayers.
Answer:
Each state has its own licensing regulations for arbitrators.
Answer:
The Digital Millennium Copyright Act holds Internet service providers liable for illegal
copies that pass temporarily through their systems.
Answer:
False imprisonment is a tort of negligence.
Answer:
Adam Smith, the author of The Wealth of Nations, denied the existence of any moral
element in human nature that goes beyond self-interest.
Answer:
Individual states are not limited by the constitution when they make laws that deny
arbitration of certain disputes.
Answer:
Under a cease and desist order issued by the Bureau of Consumer Protection, a party
consents to sign an order which restrains the promotional activity deemed offensive.
Answer:
All partners in a general partnership have unlimited liability for their organization's
debts.
Answer:
The failure to consider how to overcome disputes involving managerial control can
cause business activities to suffer and an organization to fail.
Answer:
A key aspect of Article I is the commerce clause, the constitutional provision that gives
the power to the government to regulate business.
Answer:
Attempting to determine the price of services through the use of relative-value scales is
a legal method for controlling prices.
Answer:
Diversity reduces concerns over ethical values.
Answer:
The Health Insurance Portability and Accountability Act applies only to physical
records of patients' health care information.
Answer:
Once a grand jury is convened, not more than ten members must be present to hear
evidence and vote on cases.
Answer:
The World Intellectual Property Organization Arbitration and Mediation Center hears
cases involving corporations and not individuals.
Answer:
Freedom of speech provides the freedom to express ideas antagonistic to those of the
majority.
Answer:
An employer may legally permit a union to use their telephones and copy machines as
long as they do not charge the union a fee.
Answer:
An employment contract is an example of a contract that is divisible.
Answer:
Section 1 of the Sherman Act prohibits contracts, combinations, and conspiracies in
restraint of trade or commerce.
Answer:
If a professor, during a class, accuses a student of being a thief when in truth the student
has never stolen anything in his life, the professor is guilty of libel.
Answer:
Liquidated damages can simplify disputes when a breach occurs.
Answer:
Machinery used in solid waste disposal is exempt from the regulation of the Noise
Control Act.
Answer:
A prospectus must conform to the statutory requirements.
Answer:
President George W. Bush nominated Justice Antonin Scalia as an associate judge of the
Supreme Court.
Answer:
Individuals can be sued for violating the no-strike provisions of a collective bargaining
contract.
Answer:
Many states have eliminated the requirement of unanimity in their courts in civil cases
and two states have done so in criminal cases.
Answer:
Property helps generate prosperity by establishing the conditions necessary for capital
formation.
Answer:
The U.S. federal government is the largest landholder in the country, controlling
one-third of the nation's land.
Answer:
If a trademark becomes generic or if it loses its distinctiveness, it also loses its status as
a protected trademark.
Answer:
Due care usually promotes individual rights and self-worth.
Answer:
Felony cases are commenced with the filing of an information, and misdemeanors are
commenced by a grand jury indictment.
Answer:
The conferring of additional benefits by employers on employees considering
unionization can be considered an unfair labor practice.
Answer:
Typically, the least expensive method of discovery is to present a series of written
questions to the opposing parties.
Answer:
Under the contract clause, states cannot enact laws that impact rights and duties under
existing contracts.
Answer:
Only a defendant can challenge or excuse a prospective juror for a specific cause or
reason.
Answer:
Constitutional guarantees exist in order to remove certain issues from the political
process and the ballot box.
Answer:
Which of the following is a characteristic of partnerships?
A. They cannot operate in more than one state without obtaining a license to do so.
B. They are generally subject to more regulation and governmental supervision than a
corporation.
C. They may not use any word in the name that would imply the existence of a
corporation.
D. They are the least expensive form of business organization.
E. They allow unlimited number of people to become partners.
Answer:
Miguel offers to sell Nisha 100 laptops at $50 each. Nisha ponders over the offer but
mails her acceptance that evening to Miguel. Before her acceptance reaches Miguel,
Miguel finds another buyer who is willing to pay $70 each for the laptops. Miguel
sends a revocation mail the next day to cancel his initial offer to Nisha, but a storm has
hit the city causing the mail services to halt temporarily. Which of the following
statements is true about this situation?
A. As per the mirror image rule, Nisha cannot sue Miguel for revoking his initial offer.
B. Miguel can use the doctrine of the promissory estoppel to defend his right to find and
sell his laptops to another buyer.
C. As per the mailbox rule, Miguel cannot revoke his initial offer to Nisha as she had
accepted his offer.
D. Nisha cannot sue Miguel as the deposited acceptance does not create a binding
contract despite Miguel's revocation.
E. Nisha cannot sue Miguel as the storm prevents Miguel from mailing his revocation.
Answer:
A cleaning company, KRK Inc., rotates its staff between different floors on a monthly
basis. One crew member, Angelo, has poor verbal skills due to autism. While Angelo's
disability does not affect his ability to perform the various cleaning functions, it does
make it difficult for him to adjust to alterations in his daily routine. In view of Angelo's
disability, the manager decides to allow him to stay on one floor permanently. This is an
example of ______.
A. disparate treatment
B. reverse discrimination
C. disparate impact
D. redlining
E. reasonable accommodation
Answer:
______ is defined as the supreme, absolute, and uncontrollable power by which any
state is governed.
A. Sovereignty
B. Federalism
C. Integrity
D. Fraternity
E. Federation
Answer:
For the purpose of giving each an exclusive territory, competing businesses may enter
into a ______.
A. bilateral territorial agreement
B. vertical territorial agreement
C. horizontal territorial agreement
D. competitive territorial agreement
E. congeneric territorial agreement
Answer:
In the context of performance, the benefit of divisibility of a contract is
A. that it does not excuse a party's nonperformance because of impossibility of
performance, which may reduce the amount of disputes.
B. to view the duty to perform as a series of smaller contracts, which may reduce the
amount of disputes.
C. to view the duty to perform as optional.
D. that it mitigates the harmful effects of rescission.
E. that it completely eliminates the need for arbitration and other alternative dispute
resolution techniques.
Answer:
As the member of an agency, a secretary
A. signs orders and official correspondence.
B. is the presiding officer at agency meetings.
C. makes the decision to file suit or pursue other remedies.
D. supervises usual administrative functions.
E. provides for interaction between regulators and those being regulated.
Answer:
Which of the following is true of the Environmental Protection Agency (EPA)?
A. It protects the public against unreasonable risks of injury associated with consumer
products.
B. It ensures all workers a safe and healthy work environment.
C. It administers all laws relating to water pollution, air pollution, solid wastes,
pesticides, and toxic substances.
D. It administers laws to prohibit distribution of adulterated, misbranded, or unsafe food
and drugs.
E. It regulates civil aviation to provide safe and efficient use of airspace.
Answer:
The National Labor Relations Board consists of ______.
A. four members
B. seven members
C. nine members
D. five members
E. three members
Answer:
A ______ makes no guarantees other than that the grantor surrenders all claim against
the land.
A. simple warranty deed
B. trust deed
C. quitclaim deed
D. special warranty deed
E. fiduciary deed
Answer:
Which of the following statements holds true for the internship programs under the Fair
Labor Standards Act (FLSA)?
A. The intern is entitled to a job at the conclusion of the internship.
B. The intern is entitled to wages for the time spent in the internship.
C. The intern generally displaces regular employees.
D. The internship includes the actual operation of the facilities of the employer.
E. The employer that provides the training derives an immediate advantage from the
activities of the intern.
Answer:
The protection administrative law judges receive from liability for damages based on
their decisions is called ______.
A. immunity
B. specificity
C. amnesty
D. novation
E. adjudication
Answer:
Which of the following statements is true of the penalties and remedies under the
Truth-in-Lending Act?
A. There are no criminal penalties for violation of the Truth-in-Lending Act.
B. The criminal liability provisions make creditors liable to debtors for an amount equal
to thrice the finance charge.
C. The civil liability provisions may allow creditors to be liable to debtors for an
amount neither less than $4,000 nor more than $40,000 for a closed-end real estate
transaction.
D. Creditors may avoid liability in the event they make an error, provided they notify a
debtor within sixty days after discovering the error and also correct the error.
E. Creditors, in certain cases, may be allowed to collect finance charges in excess of
those actually disclosed.
Answer:
Which of the following federal agencies conducts union certification elections and
holds hearings on unfair labor practice complaints?
A. the National Labor Relations Board (NLRB)
B. the Equal Employment Opportunity Commission (EEOC)
C. the Occupational Safety and Health Administration (OSHA)
D. the Federal Reserve Board (FRB)
E. the American Federation of Labor and Congress of Industrial Organizations
Answer:
Which of the following statements is true of tort law?
A. It deals with criminal cases rather than civil cases.
B. It typically deals with breach of contract.
C. It exists to protect people from being tried twice for the same crime.
D. It requires an agreement between the parties involved to resolve a wrong.
E. It sets limits on how people can act and use their resources.
Answer:
In strikes that imperil national health or safety, the Taft-Hartley Act provided for a(n)
______.
A. 80-day cooling-off period
B. 70-day cooling-off period
C. 50-day cooling-off period
D. 30-day cooling-off period
E. 20-day cooling-off period
Answer:
Under the 1990 Clean Air Act amendments, Congress specifically allows utility
companies to
A. engage in emissions reduction banking and trading.
B. indulge in cap and trade.
C. use marketable rights to pollution control.
D. avoid cost-benefit analysis in its approach to pollution control.
E. focus on secondary air quality standards rather than primary air quality standards.
Answer:
Which of the following statements is true of administrative law judges?
A. They lack immunity for the damages arising from their decisions.
B. They use prior decisions or precedent.
C. They refrain from performing any fact-finding functions.
D. They refrain from hearing cases of alleged law violations.
E. They have the option of either following procedural rules of the agency or its policy
directives.
Answer:
What are the remedies available to plaintiffs under the Age Discrimination in
Employment Act (ADEA)?
Answer:
Which of the following types of contracts are beyond the scope of application of the
statute of frauds?
A. contracts for sale of goods worth $500 or more
B. contracts for mortgages, mining rights, and easements
C. oral contracts for services that last more than 20 months
D. collateral contracts to pay the debt of another person
E. contracts involving interest in land
Answer:
Under the ______, the pollution of the plant complex as a whole is the focus of
regulation.
A. scoping concept
B. novation concept
C. line source concept
D. point source concept
E. bubble concept
Answer:
The ______ to the U.S. Constitution reinforces federalism by reserving some powers to
the states and to the people.
A. First Amendment
B. Second Amendment
C. Tenth Amendment
D. Thirteenth Amendment
E. Twelfth Amendment
Answer:
The primary purpose of the Toxic Substances Control Act is to
A. force an early evaluation of suspect chemicals before they become economically
important.
B. slow down the introduction of new chemicals to encourage the use of already
established chemicals.
C. prevent the shipment of unsafe chemicals to foreign countries.
D. create an organic environment for agriculture.
E. identify water bodies for the safe disposal of toxic materials.
Answer:
Which of the following statements is true of publicly held business organizations?
A. Publicly held organizations are owned only by a few persons.
B. Publicly held organizations are only owned by the government.
C. Shareholders of publicly held organizations can transfer their ownership without
interfering with the organization's management.
D. A family-operated business is an example of a publicly held business organization.
E. Publicly held organizations are free from all legal liabilities to its shareholders,
which is the primary reason for this corporate form being used.
Answer:
Congress gave the National Labor Relations Board jurisdiction over
A. governmental employees.
B. businesses and persons covered by the Railway Labor Act.
C. agricultural laborers.
D. any business affecting commerce.
E. independent contractors.
Answer:
Which of the following statements is true of tort law?
A. It involves the recognition of exclusive right in both tangible and intangible
resources such as copyrights, patents, trademarks, etc.
B. It covers the rules of how owners transfer resources by exchanging them.
C. It specifies various offenses against the proper order of the state.
D. It covers the legal principles that apply to government agencies, bureaus, boards, or
commissions.
E. It establishes rules for compensation when an owner's legal boundaries are
wrongfully crossed by another.
Answer:
______ states the Constitution will become effective upon ratification of the states.
A. Article I
B. Article II
C. Article III
D. Article VII
E. Article V
Answer:
Philip, a manager, learns that Sarah, his employee, has a sister who suffers from
Huntington's Disease. Philip withholds Sarah's promotion on the basis that she risks
developing the condition as well. In this scenario, which of the following acts prohibits
the decision made by Philip?
A. The Americans with Disabilities Act
B. The Health Insurance Portability and Accountability Act
C. The Genetic Information Nondiscrimination Act
D. The Civil Rights Act
E. The Equal Pay Act
Answer:
The legal mechanism for evaluating the existence of an incentive for a person's promise
to establish a binding contract and acts as a receipt of a legal benefit or the suffering of
a legal detriment is ______.
A. collusion
B. accord and satisfaction
C. consideration
D. reversion
E. novation
Answer:
After a plaintiff has presented his or her evidence in a trial, a defendant may make a
motion for _____, which is granted if the evidence, taken in the light most favorable to
the plaintiff, establishes as a matter of law that the defendant is entitled to a verdict.
A. voir dire
B. res judicata
C. summary judgment
D. directed verdict
E. peremptory challenge
Answer:
In 1935, the labor movement received its greatest stimulus for growth with the
enactment of the ______.
A. National Labor Relations Act
B. Labor-Management Relations Act
C. Norris-LaGuardia Act
D. Sherman Act
E. Clayton Act
Answer:
An arbitrator's award must __________.
A. be desirable to both the disputing parties to be legally binding and enforceable
B. set forth the findings of fact under any circumstance
C. set forth the specific credentials of the arbitrator
D. give a disclosure of findings and the reasons if an arbitration agreement so requires
E. define the scope of the arbitrator's powers
Answer:
Under the deed of trust, a third party who holds the full ownership to a land is called a
______.
A. bailor
B. bailee
C. trustee
D. debtor
E. mortgagee
Answer:
Briefly describe the functions of a lawyer and the capacities that he or she serves in the
legal system.
Answer:
What is a union? Are unions good as a concept?
Answer:
Explain the mailbox rule.
Answer:
Mandy is fascinated by the water sprinkler that she sees in her neighbor, Mrs. Brown's
garden. In order to examine it more closely, she crosses Mrs. Brown's yard without her
permission. Under tort law, which action can be brought against Mandy?
Answer:
What is the duration of a patent that represents a property?
Answer:
What should be considered by employers who wish to have employment disputes
arbitrated?
Answer:
Why are general partnerships considered to be easily dissolvable?
Answer:
What are the two changes incorporated in the Truth-in-Lending Simplification Act that
makes it different from the Truth-in-Lending Act?
Answer:
When can an employer use a business necessity defense? How can this defense be
broken by a plaintiff?
Answer:
Briefly explain jurisdiction of courts.
Answer:
What are the criticisms of an administrative process relating to substance?
Answer:
What is key to a partnership's existence?
Answer:
Prestige Contractors has agreed to build Yen's house for $25,000 in two years.
However, six months after the work begins, Prestige Contractors demands an additional
$5,000 from Yen to complete the work. Yen agrees, but when the work is completed,
Yen pays Prestige Contractors only $20,000. Prestige decides to sue Yen. Analyze the
case.
Answer:
Trial by jury is a constitutional right that presents difficult issues when complex and
complicated issues and cases arise. What are some of these issues?
Answer:
What is the significance of written warning?
Answer:
A union of American fishermen was peacefully picketing a foreign ship operated
entirely by a foreign crew in an American port. They were protesting to prevent the ship
from unloading its cargo in the port. Does the federal court have the power to issue
injunctions in this case?
Answer:
What is meant by stakeholder theory, and who are the stakeholders of a corporation?
Answer:
Though it is often thought of as the main component of the American judicial system, it
is actually rather rare to go to trial. What are some procedures or methods for either
avoiding a full trial or getting cases resolved before trial?
Answer:
A student drives a rental car into Mexico although the lease specifically prohibits
cross-border driving. The car is destroyed in an earthquake while it is parked in a
parking lot in Mexico City. Briefly discuss the rights of the rental company in this case.
Answer:
What is the purpose of a buy and sell agreement and when is it needed?
Answer:
