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Equal Employment Opportunity Commission guidelines allow employers to classify
jobs as male or female as well as to have male and female seniority lists.
Answer:
In a number of states, courts have made merchants in mutual benefit bailments liable
for any defect in a bailed object that causes personal injury.
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The U.S. court system is an adversarial system.
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Adoption of the comparative negligence principle seems to lead to more frequent and
larger awards for plaintiffs.
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Trade dress refers to a color or shape associated with a product or service.
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The burden of proof when alleging a due diligence defense is on the expert.
Answer:
Contract law compensates owners whose resources are wrongfully harmed by the
actions of others.
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A business is likely to shift away from the proprietorship form as it becomes more
successful.
Answer:
Oral evidence that changes the meaning of written terms can be given if necessary to
prevent fraud.
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If the contracting parties fail to write clear instructions on delivery of the equipment,
the Uniform Commercial Code controls.
Answer:
Requiring job applicants to state on a questionnaire whether they would cross a picket
line in a strike is illegal.
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One can be liable for materially contributing to another's infringement with knowledge
of the infringement.
Answer:
Parties involved in an international business can agree on a neutral third party to act as
an arbitrator even before a dispute arises.
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The discovery process narrows the issues disputed by the parties involved in a lawsuit.
Answer:
The Endangered Species Act requires courts and regulators to take economic factors
into consideration in applying the Act's provisions.
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In the context of delegation of quasi-legislative authority, courts can interfere with the
discretion given to an agency and can substitute their judgment for that of the agency.
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Jurisprudence is the rule of law.
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A party who is injured due to another's fraud generally has the option to avoid the
contract and seek return of any consideration conveyed.
Answer:
Creation of codes of ethics is far more important than implementation and enforcement
of those codes.
Answer:
In the property system, the state plans what people should do, and acquires and
redistributes resources to them.
Answer:
Thomas asks Alicia, an accountant, for professional advice about his portfolio. Thomas
is not obligated to pay Alicia since he does not express a promise to pay for her advice.
Answer:
Some states have passed laws protecting employees on the basis of sexual orientation.
However, none have enacted gender identity protections.
Answer:
The mirror image rule is the same under common law rules and the Uniform
Commercial Code (UCC).
Answer:
In a disparate impact case, a plaintiff must convince the court that an employer
intentionally discriminated against the plaintiff.
Answer:
An injunction against future violations of the Equal Employment Opportunity Act is a
possible remedy provided by the Equal Employment Opportunity Commission.
Answer:
All types of employment discrimination are required to be insured against in every
state.
Answer:
Mere silence can invoke Miranda protections.
Answer:
The criteria used to select a form of organization needs to be reviewed periodically in
consultation with close advisers.
Answer:
Restatements of financial reports have risen in number as a result of the Sarbanes-Oxley
Act because companies have made efforts to maintain appropriate compliance with the
law.
Answer:
To protect information as a trade secret, the information must actually be secret, and the
business must take reasonable measures to keep it so.
Answer:
Under the Americans with Disabilities Act, compensatory and punitive damages are
available for policies that merely have disparate impact.
Answer:
The physical dimensions of real property are generally easy to define.
Answer:
The main purpose of the Federal Trade Commission is to find violators and punish
them.
Answer:
When two or more persons with a common interest in business share profits and losses,
a partnership exists.
Answer:
The advantage of the mailbox rule is that the offeror can revoke the offer even when the
offeree has accepted it.
Answer:
The Endangered Species Act extends its protection to "threatened" species too.
Answer:
Natural law theory asserts that law contains universal moral principles.
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A(n) ______ is one that appears to be an agreement but lacks an essential requirement
for validity and enforceability.
A. voidable contract
B. unenforceable contract
C. void contract
D. valid contract
E. executed contract
Answer:
Which of the following statements is true of the social contract theory?
A. It lays minimal emphasis on individual rights and self-worth.
B. It is based on duty.
C. It has its origins in formalism.
D. It has given rise to utilitarianism.
E. It is based on agreements between people.
Answer:
Mayra offers to sell her home to Hanna for "about $100,000 plus closing costs." Hanna
accepts Mayra's offer. Later, a dispute arises over the precise dollar amount of the
purchase price. How will a court most likely resolve this dispute?
A. The court will determine a reasonable price to be paid by Hanna.
B. The court will determine that Hanna pay only the figures mentioned in the contract.
C. The court will appoint a licensed real estate appraiser to determine the price to be
paid by Hanna.
D. The court will require Hanna to pay the average of her price and Mayra's price.
E. The court will declare the purchase price and terms too indefinite to create a binding
contract.
Answer:
The Health Insurance Portability and Accountability Act
A. provides that employees may continue to purchase health insurance even after their
employment is terminated.
B. exempts health insurance companies from the federal anti-trust legislation that
applies to most businesses.
C. protects employees who have preexisting health conditions when they change jobs.
D. calls for the creation of a universal single-payer health care system in the United
States.
E. ensures that elderly and needy individuals receive proper medical care.
Answer:
Arbitrators generally are chosen by _____.
A. the Supreme Court
B. litigators
C. the disputing parties
D. focus group
E. mediators
Answer:
______ is a form of expression that criticizes by poking fun at something through
exaggeration.
A. Parody
B. Novation
C. Copyright
D. Misrepresentation
E. Infringement
Answer:
The National Mediation Board was established by the ______.
A. Railway Labor Act
B. National Labor Relations Act
C. Clayton Act
D. Sherman Act
E. Child Labor Act
Answer:
What is the manifest system that is used by the Resource Conservation and Recovery
Act (RCRA) for the disposal of hazardous wastes?
Answer:
Which of the following statements is true of the statute of limitations?
A. The defense mechanism is inapplicable in cases of civil liability.
B. The basic period for the statute of limitation is one year.
C. The statute of limitation begins even before the discovery of untrue statement or
omission.
D. A suit may be brought in any event even after five years of sale.
E. The statute of limitation excludes reasonable diligence in discovering untrue
statement or omission.
Answer:
Who developed the social contract theory?
A. John Rawls
B. Immanuel Kant
C. John Locke
D. Robert Jackall
E. Plato
Answer:
Which of the following statements is true of compulsory bargaining issues between an
employer and the employee union?
A. In-plant food and related services are not compulsory bargaining issues.
B. Wages are compulsory subjects, while bonuses are not.
C. Courts tend to defer to the Department of Labor in classifying collective bargaining
subjects, especially in the area of terms or conditions of employment.
D. Under no circumstances can parties take steps that are against best interests of the
other party.
E. Neither the employer nor the union must make concessions to the other concerning a
mandatory subject of bargaining.
Answer:
Brooke walks up to Kevin, a complete stranger, and demands that Kevin pay her $1,000
or she will hurt him. In this case, Brooke commits a(n) ______.
A. battery
B. assault
C. disparagement
D. fraud
E. conversion
Answer:
Which of the following is a similarity between joint tenancy and tenancy in common?
A. In both these forms of ownership, the property interest is divided.
B. In both these forms of ownership, the tenants can own different shares of the
resource.
C. In both these forms of ownership, the tenants can exercise right of survivorship.
D. In both these forms of ownership, the tenants can have disproportionate ownership
of share.
E. In both these forms of ownership, the tenants can force the separation of ownership
under the doctrine of partition.
Answer:
Although various state laws make intentional trade secret misappropriation a crime,
most criminal prosecutions today take place under the federal Economic Espionage Act
(EEA).
Answer:
When the result of a lawsuit at the trial court level is appealed, the successful party in
the trial court is called the _____.
A. appellee
B. appellant
C. counterplaintiff
D. counterdefendant
E. petitioner
Answer:
Under the Revised Uniform Limited Partnership Act (RULPA), if a limited partner's
name is used in a firm's name, that partner
A. does not get his or her contribution returned when the partnership dissolves.
B. cannot advise the general partner.
C. will become personally liable to unsuspecting creditors.
D. must actively participate in management activities to retain his or her status of
limited liability.
E. cannot receive any of the partnership's profits.
Answer:
Which of the following acts resolves labor disputes in airlines?
A. Taft-Hartley Act
B. Wagner Act
C. Norris-LaGuardia Act
D. Clayton Act
E. Railway Labor Act
Answer:
Mike rents a car from Brandy Car Rentals at $40 per day. In this scenario, which of the
following statements is true?
A. This is a bailment for the sole benefit of the bailor.
B. Brandy is the bailee.
C. Mike owes the duty of slight care.
D. Mike is under a duty to use "reasonable care" to take care of the car.
E. This is a bailment for the sole benefit of the bailee.
Answer:
Which of the following statements is true of the antitrust enforcement in the European
Union (EU)?
A. Fines for violating EU antitrust law are much less than those in the United States.
B. The EU may impose fines for business practices that do not violate U.S. law.
C. The EU can impose a maximum fine of 1 billion euros.
D. The European Commission does not have the power to change business practices
related to activities that do not violate U.S. law.
E. The decisions of the European Commission must mirror that of the U.S.
Government. .
Answer:
Which of the following is one of the ethical principles proposed by Rawls?
A. People from the lower strata of a society should be given special opportunities for
achievement.
B. Social inequalities should be based on a person and not on his or her actions.
C. Everyone is entitled to certain equal basic rights, including liberty, freedom of
association, and personal security.
D. The concerns of an individual are more important than the concerns of a society.
E. Economic inequalities should be based on a person and not the person's actions.
Answer:
Which of the following statements is true of misappropriation?
A. Innocently acquiring a secret from another without having knowledge of its theft is
an act of misappropriation.
B. If, through his or her own efforts, one is able to recreate the same information that
another considers to be a trade secret, misappropriation has occurred.
C. If one acquires a secret from another who has a duty to maintain secrecy and one
knows of that duty, misappropriation has occurred.
D. Knowledge or performance of a duty to maintain secrecy is irrelevant in the
demonstration of misappropriation.
E. Recreation of the same information that another considers a trade secret is treated as
misappropriation.
Answer:
Which of the following statements is true of the Protestant ethic?
A. It was a massive threat to capitalism.
B. It was rooted in a consequentialist approach.
C. It has become a type of utilitarian consequentialism.
D. It has remained unaffected by rising wealth and increasing mass consumption.
E. It has become an organizational ethics that discourages the modern bureaucratic
managerial system.
Answer:
The Clayton Act of 1914 was passed principally to
A. force employers to pay a minimum wage.
B. ensure shorter work weeks.
C. strengthen the antitrust laws.
D. establish the National Labor Relations Board.
E. enable management control over workers.
Answer:
A major stockholder of a corporation is most likely to be a(n) ______ in the initial sale
of securities who also has power over the issuer in such sales.
A. seller
B. bailee
C. underwriter
D. guarantor
E. controlling person
Answer:
In the context of agency law, outside accountants and subcontractors hired to perform
construction projects are examples of ______.
A. principal employers
B. agents
C. independent contractors
D. traders
E. mediators
Answer:
In a criminal activity, which of the following refers to the payments made to a person
who has facilitated a transaction?
A. kickbacks
B. accessories
C. advance fees
D. novations
E. counterfeits
Answer:
Which of the following is an advantage of the corporate form of organization?
A. License fees and franchise taxes are not assessed against corporations.
B. Control of a corporation may be held by those with a minority of the investment.
C. The cost of forming and maintaining a corporation is minimal.
D. A corporation need not be qualified in all states where it is conducting local or
intrastate business.
E. Corporate income is not subject to double taxation.
Answer:
The Fair Labor Standards Act (FLSA) sets 16 years of age as the minimum age for
employment.
Answer:
Minimum rationality tests are applied to cases involving ______.
A. race
B. national origin
C. legitimacy
D. marriage
E. gender
Answer:
The Patent and Trademark Office (PTO) assigns a ______ to consider a patent
application.
A. claims officer
B. patent examiner
C. patent technician
D. court judge
E. patent issuer
Answer:
A(n) ______ is designated as such at the time of nomination by the president and is the
presiding officer at agency meetings.
A. secretary
B. advisory council
C. general counsel
D. chairperson
E. executive director
Answer:
In a negligence suit, a plaintiff must prove that
A. a defendant actually caused the injury.
B. a defendant could have caused the harm.
C. a defendant knew the potential for injury.
D. a defendant has published untrue statements about the plaintiff.
E. a defendant had a malicious intent.
Answer:
Robert's debit card was stolen by a thief who emptied his bank account. What law
governs the liability for Robert's money in this situation? What are Robert's potential
liabilities?
Answer:
What is adverse possession?
Answer:
Briefly explain the features of freedom of speech.
Answer:
What are the basic functions of administrative agencies?
Answer:
How can circumstantial evidence prove a conspiracy?
Answer:
What are the different approaches taken by the state and local governments in
responding to solid waste disposal problems?
Answer:
What is a consent order?
Answer:
Distinguish between conditions precedent and conditions subsequent.
Answer:
What are the functions of experts in an arbitration?
Answer:
Olena, a wanderer, finds an abandoned ranch in Wyoming and decides to settle there.
The record owner finds out 23 years later that Olena has occupied the abandoned ranch.
What is Olena's best legal argument that the land is hers?
Answer:
Why are class-action suits settled based on cost-benefit analysis?
Answer:
Briefly discuss the 1991 amendments to the Civil Rights Act in the context of
compensatory and punitive damages.
Answer:
Briefly describe a common method to obtain payment from a buyer in the international
sale of goods.
Answer:
Briefly explain the tort of trespass with examples.
Answer:
Civil rights leaders in their quest to promote civil rights and equality often held
peaceful marches and non-violent sit-ins that they understood to be at times illegal.
Their justification for their actions was to promote and give focus to inequities with the
ultimate aim of reducing discrimination and establishing equal rights for all. Were these
leaders acting ethically? Fully explain your answer citing the ethical theory you believe
to apply.
Answer:
Discuss the double jeopardy clause.
Answer:
What issues can form a basis for a federal question case?
Answer:
