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Under the Age Discrimination in Employment Act, age is often recognized as the basis
for a bona fide occupational qualification.
Answer:
The establishment clause and the free exercise clause guarantee freedom of religion
through the separation of church and state.
Answer:
Usually, the cost of creation of a business entity is not a major factor in considering
which form of business organization a person will choose to operate a business.
Answer:
The Fair Debt Collection Practices Act applies only to consumer debt collections.
Answer:
A union is basically workers organizing their collective voices to increase their ability
to communicate with their employer.
Answer:
The protections of property often do not apply automatically to ownership of intangible
knowledge resources that are created.
Answer:
Congress uses more and more general language in stating its regulatory aims and
purposes.
Answer:
Juries frequently use state-adopted life expectancy tables and present-value discount
tables to help them determine the amount of compensatory damages to award.
Answer:
The Fourth Amendment protects public employees from some drug testing because
courts have ruled that certain tests are unreasonable searches.
Answer:
Common carriers are responsible for acts of God or of public enemies.
Answer:
States bear principal responsibility for devising implementation plans regarding the
Clean Air Act.
Answer:
The establishment clause deals with freedom of speech.
Answer:
State law generally specifies that a landlord and tenant must give each other written
notice of 30 days or 60 days in order to terminate a lease that does not run for a definite
duration.
Answer:
In administrative law, a government official represents society, or "the people," and the
official is responsible for seeking justice to achieve the ends of society.
Answer:
Under U.S. law, a firm or individual can compel the U.S. government to press a claim
on its behalf before the International Court of Justice.
Answer:
Administrative law judges are responsible for the initial conduct of hearings in unfair
labor practice cases.
Answer:
The court mandates an enforcement mechanism that ensures the disputing parties will
mediate in good faith.
Answer:
Jake borrowed Adam's book, but he lost the book before he could return it to Adam. In
this case, Jake has committed a battery.
Answer:
State acts usually set up administrative bodies with the power to make rules and
regulations and hear and decide charges of violations filed by complainants.
Answer:
Corporate officers and directors do not owe fiduciary duties of care and loyalty to
shareholders.
Answer:
Misdemeanors are punishable by a mandatory jail sentence of 18 months.
Answer:
A court of review examines the evidence by analyzing the record of an administrative
agency's proceedings.
Answer:
The right to a covered leave of absence under the Family and Medical Leave Act
applies to employees the moment they begin employment.
Answer:
The way to understand the ethical-legal relationship is to realize that in a society ethical
values frequently become law and that legal regulation can reflect the society's ethical
values.
Answer:
The commercial impracticability standard is more difficult to meet than the
impossibility of performance standard.
Answer:
In a criminal trial, when a defendant is found not guilty, the prosecutor is required to
request a second trial from the judge (or jury).
Answer:
The Clayton Act expressly granted employees the protected right to join a union.
Answer:
Private parties may bring criminal suits seeking monetary damages or injunction as a
means of enforcing antitrust laws.
Answer:
According to the Fair Debt Collection Practices Act, a debt collector is not required to
disclose his or her identity as a debt collector to debtors when attempting to collect a
legitimate, delinquent debt.
Answer:
The requirement of Form I-9 Employment Eligibility Verification forms is waived off
for U.S. employers who employ noncitizens.
Answer:
Constitutional rights remain constant and do not vary from time to time.
Answer:
In the United States, the most significant power of the courts is judicial review, which is
the ultimate power to invalidate actions by the president or the Congress.
Answer:
In cases of strict liability tort, finding of fault or failure of reasonable care on the
defendant's part is necessary.
Answer:
To prevent problems that may arise when a partner dies or withdraws from a
partnership, the articles of partnership should include a(n) ______.
A. buy and sell agreement
B. escrow instruction
C. establishment clause
D. commerce clause
E. interest agreement
Answer:
Small-claims courts __________.
A. have high court costs
B. have very formal procedures
C. usually have complex procedures
D. have the power to hear any type of case as they have general jurisdiction
E. usually do not require the services of a lawyer
Answer:
Kate has entered into a binding agreement to sell a house to Michael. When Michael
shows up to complete the deal as per the agreement, Kate refuses to go through with the
transaction. Which of the following best categorizes Kate and Michael's issue in the
context of classifications of laws?
A. This is a public law issue regarding substantive law.
B. This is a private law issue regarding contract law.
C. This is a public law issue regarding property law.
D. This is a private law issue regarding criminal law.
E. This is a public law issue regarding tort law.
Answer:
The owner of Oasis Store regularly sends Miguel, one of his employees, to act on
behalf of the store and obtain goods from Polar Inc., a local retail outlet. A few months
later the store owner terminates Miguel, but fails to notify Polar Inc. about the
termination. Miguel buys goods from Polar, and Polar charges Oasis for the purchases
made. This liability is a result of ______.
A. apparent authority
B. implied authority
C. expressed authority
D. actual authority
E. written authority
Answer:
The final step to a successful mediation is __________.
A. submitting any conclusions to a judge for judicial approval prior to implementation
B. the writing and signing of the agreement by the disputing parties
C. providing all evidence obtained during the mediation to the parties' attorneys for use
in the next phase of litigation
D. submitting the signed agreements to focus groups for approval
E. turning the results over to an arbitrator as a submission for arbitration
Answer:
Which of the following statements is true of the executive director in an administrative
agency?
A. The executive director is the chief operating official of an agency and supervises
usual administrative functions.
B. The executive director is responsible for the minutes of agency meetings.
C. The executive director is the legal custodian of the records of any meetings.
D. The executive director is responsible for publication of all actions in the Federal
Register.
E. The executive director is the chief law officer and legal adviser.
Answer:
Under the Clean Air Act, corporations can be fined up to ______ for knowingly
endangering people with emissions.
A. $1 million
B. $25 million
C. $10 million
D. $1 billion
E. $5 million
Answer:
The ______ power of administrative agencies is primarily to investigate, prosecute,
advise, and supervise.
A. executive
B. judicial
C. legislative
D. arbitrary
E. preliminary
Answer:
Which of the following statements is true of the good-faith meeting-of-competition
defense as permitted by the Robinson-Patman amendment?
A. It applies to a situation when sellers select their own customers in good faith and not
in restraint of trade.
B. It applies to a situation when there are price differentials based on differences in the
cost of manufacture, sale, or delivery of commodities.
C. It applies to a situation that involves the setting up of barriers to market entry around
a product, brand, product line, market, or market segment.
D. It applies to a situation when a seller in good faith meets the equally low price of a
competitor.
E. It applies to a situation when price changes are made in response to changing
conditions such as sales in good faith in discontinuance of business in the goods
concerned.
Answer:
Which of the following types of debts are nondischargeable in bankruptcy?
A. negligence claims
B. personal loans from friends
C. liabilities under guaranty agreements
D. business debts
E. debts arising from intentional torts
Answer:
The administrative process can give rise to too much discretionary power, often
unstructured, and unchecked. This is a criticism of the administrative process relating to
______.
A. personnel
B. procedures
C. substances
D. management
E. manpower
Answer:
An airport authority resolution declared the central terminal area "not open for First
Amendment activities." The resolution was unconstitutional under the First Amendment
______.
A. strict liability doctrine
B. overbreadth doctrine
C. implied power doctrine
D. plain view doctrine
E. abstention doctrine
Answer:
In a 1943 case known as Parker v. Brown, the Supreme Court created a ______ to the
Sherman Act.
A. limited liability exemption
B. double tax exemption
C. general action exemption
D. merger monopoly exemption
E. state action exemption
Answer:
Environmental impact study scoping refers to
A. designating specific geographic areas that a contemplated action will affect.
B. estimating the specific population that a contemplated action will affect.
C. designating which environmental issues of a contemplated action are most
significant.
D. specifying a backup plan should a contemplated action cause unforeseeable damage.
E. preparing informal impact statements that will address environmental issues regarded
as most important.
Answer:
For a name to be trademarked, ______.
A. it must be listed on the Principal Register for five years without being challenged
B. it must be listed on the Supplemental Register for five years and have acquired a
secondary meaning
C. it must be listed without restrictions and the trademark owner must notify the Patent
and Trademark Office (PTO) every year that the trademark is still in use
D. the Patent and Trademark Office (PTO) will deny descriptive terms for trademark
protection under any circumstance.
E. it must be listed on the principal register for one year and on the secondary register
for five years.
Answer:
Strict constructivism is also known as _____.
A. judicial liberalism
B. judicial activism
C. judicial review
D. judicial abstention
E. judicial formalism
Answer:
Under the 1934 Act, a business organization found guilty of filing false or misleading
documents with the Securities and Exchange Commission (SEC) may be fined up to
A. $80,000,000.
B. $55,000,000.
C. $25,000,000.
D. $50,000,000.
E. $70,000,000.
Answer:
The director of Homeland Security has exercised authority to create an exception to the
National Environmental Policy Act requirements to allow the
A. creation of a single piece of legislation that comprehensively controls radiation
pollution.
B. suspension of the Clean Air Act and the Clean Water Act restrictions in and around
domestic military bases.
C. suspension of the Endangered Species Act restrictions when animal and plant life is
affected during necessary military training maneuvers.
D. building of a fence between the United States and Mexico.
E. building of nuclear power plants around protected areas of the United States.
Answer:
When judges who decide appeals from trial courts make decisions on legal issues, they
write their decisions, or _____, setting out reasons.
A. citations
B. opinions
C. codes
D. statutes
E. ordinances
Answer:
Which of the following statements is true of the certification of a union through cards?
A. Employers do not have the option to insist on an election.
B. Employers do not need to recognize the union based on a majority card showing.
C. Under no circumstances can cards substitute for an election.
D. The general counsel of the National Labor Relations Board needs to prove that the
employees read the cards.
E. The certification of a union through cards takes place by secret ballot.
Answer:
A _____ in mediation occurs when a mediator meets privately with one party without
the other party.
A. calumny
B. consensus
C. convention
D. convocation
E. caucus
Answer:
Private remedies for violation of the Equal Credit Opportunity Act include recovery of
punitive damages up to ______.
A. $100,000
B. $50,000
C. $10,000
D. $20,000
E. $500,000
Answer:
The source of law that 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
Answer:
Which of the following schools of jurisprudence emphasizes that contemporary law
should focus on legal principles that have withstood the test of time in a nation?
A. Sociological
B. Tort
C. Positive
D. Historical
E. Natural
Answer:
Which of the following statements is true of blue sky laws?
A. The federal laws preempt the existence of state blue sky laws.
B. The method of regulation is uniform and same across all the states.
C. The laws can apply to securities subject to federal laws as well as to those securities
exempt from the federal statutes.
D. The laws are commonly known as the antifraud laws as per the Securities Act of
1934.
E. The laws were established as a result of the Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010.
Answer:
A _____ is entered in favor of the party that won a jury's decision if a judge agrees with
the decision of the jury.
A. verdict
B. judgment
C. stare decisis
D. res judicata
E. deposition
Answer:
Administrative law judges are
A. organizationally separate from the rest of the agency.
B. responsible for the minutes of agency meetings and are legal custodians of its
records.
C. exempt from the protection of immunity.
D. excluded from hearing cases of alleged law violations.
E. intermediaries between regulators and those being regulated.
Answer:
According to the mailbox rule, a contract is formed
A. when the offer is mailed.
B. when the offer is received.
C. when the acceptance is received.
D. when the acceptance is mailed.
E. when the offer is converted to a written document.
Answer:
A corporation found guilty under the Sherman Act may be fined up to ______ for each
offense.
A. $10 million
B. $1 million
C. $100 million
D. $500 million
E. $300 million
Answer:
Which of the following statements is one of the criticisms of the jury system in the
United States?
A. Juries only apply substantive rules of law to decide cases.
B. Juries cannot be used in criminal cases.
C. Jurors develop voir dire to elicit attitudes and experiences.
D. Jurors vote their prejudices.
E. Juries cannot be used in civil cases when the amount in controversy is below $2,000.
Answer:
The ______ is a disclosure law which makes it illegal to use mails or any other means
of interstate communication or transportation to sell securities without disclosing
certain financial information to potential investors.
A. Securities Exchange Act of 1934
B. Sherman Antitrust Act of 1890
C. Sarbanes-Oxley Act of 2002
D. Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
E. Securities Act of 1933
Answer:
In the context of contracts formed by promises, which of the following is an agreement
containing mutual promises?
A. unilateral contract
B. quasi-contract
C. express-in-fact contract
D. bilateral contract
E. implied-in-fact contract
Answer:
A ______ is one in which an employer voluntarily agrees with a union that the
employees should not be required by their employer to handle or work on goods or
materials going to or coming from an employer designated by the union as unfair.
A. yellow-dog contract
B. hot-cargo contract
C. voluntary arbitration contract
D. union clause
E. take-it-or-leave-it demand
Answer:
The usual rule in the scope of discovery is that the information sought in discovery is
discoverable and an objection is overruled as long as the information __________.
A. will lead to evidence admissible during a trial
B. will be indicative of guilt or innocence of a party in a trial
C. is a clear and convincing evidence of negligence
D. will be important enough to both of the disputing parties during a trial
E. is protected by lawyer-client confidentiality
Answer:
Consequential damages are awarded
A. only when compensatory damages are not awarded.
B. whenever a contract is released.
C. whenever a contract is waived.
D. only if the consequence was foreseeable.
E. only when the cost of getting a substitute performance was higher.
Answer:
You have driven to a local shopping mall in a friend's car. Explain and give examples of
how you might park the car in terms of the three different standards of care depending
upon the type of bailment relationship you have entered into with your friend.
Answer:
What are the drawbacks of the corporate form of organization?
Answer:
Briefly explain the doctrine of sovereign immunity?
Answer:
Compare natural law and positive law in jurisprudence.
Answer:
What is the theory behind awarding money damages as a remedy to nonbreaching
parties to a contract?
Answer:
The Fourteenth Amendment recognizes that law may be enforced by taking resources
owned by a citizen. Name the instances in which someone's resources may be taken.
Answer:
How is the liability factor a disadvantage of sole proprietorship?
Answer:
How is the registration of descriptive terms or a person's name done?
Answer:
Briefly describe the most revealing and expensive method of discovery.
Answer:
What is the legal recourse for a debtor in case of violations of the Fair Debt Collection
Practices Act by a debt collector?
Answer:
What are some of the criticisms against peremptory challenges?
Answer:
Briefly explain the due process clause.
Answer:
What are the basic provisions of the National Cooperative Production Amendment Act?
Answer:
List the basic concepts of the United States Constitution.
Answer:
How are sales of interests in land covered by the statute of frauds?
Answer:
When is the existence of a monopoly lawful?
Answer:
How would a formalist and a consequentialist view an employer secretly monitoring an
employee's e-mail messages?
Answer:
Suzette leaves her purse at her favorite restaurant during lunch. Suzette's friend Mary, a
waitress at the restaurant, sees the purse and takes it to the back office where she puts it
with her own things, reminding herself to return it to Suzette when she gets off work.
However, when Mary returns to the back office after her shift, she sees that many things
have been stolen, including Suzette's purse. Is the restaurant liable to Suzette for the
purse? Explain your answer.
Answer:
What are dram shop acts?
Answer:
