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Which of the following statements is true of the use of alternative dispute resolution
(ADR) techniques?
A. ADR techniques are ineffective once the pretrial process has begun.
B. Disputing parties must begin a lawsuit to use any form of ADR.
C. Disputing parties cannot specify the preferred ADR technique to be used in the
parties' contract.
D. Disputing parties can agree to use an ADR technique after a dispute arises.
E. Litigation precludes the use of ADR techniques for dispute resolution.
Answer:
Which of the following statements is true of arbitration
A. The record of proceedings is available to the press and others.
B. The decisions arising from arbitration are binding on the disputing parties.
C. The outcomes of an arbitration procedure cannot be imposed on the disputing
parties.
D. The disputing parties resolve all of the matters of contention by themselves in
arbitration, without the intervention of a third party.
E. The primary function of arbitration is to serve as a prelude to litigation.
Answer:
Which of the following statements is true of the Federal Arbitration Act?
A. It covers any arbitration clause in a contract that involves interstate commerce.
B. It allows state laws to prevent arbitration of disputes even if the disputing parties are
engaged in or affect interstate commerce.
C. It strictly nullifies the right of the Equal Employment Opportunity Commission to
litigate if an employee signed an arbitration clause.
D. It ensures that arbitration is used only in federal cases and not in state cases.
E. It guarantees that all arbitration clauses are irrevocable under any circumstances.
Answer:
What are the typical steps in a mediation process?
Answer:
What is a caucus? How is it used in mediation?
Answer:
The Magnuson-Moss Warranty Act provides that if a business adopts an informal
dispute resolution system to handle complaints about its product warranties, then a
customer cannot sue the manufacturer or seller for breach of warranty without first
going through the informal procedures. How does the act benefit the business and the
consumer?
Answer:
A negotiation between a seller and a buyer begins with each party stating their
respective expectations in a competitive style. The seller starts with as high an asking
price as is considered reasonable. Likewise, the buyer begins with the lowest reasonable
price. In the context of negotiation methods, this scenario is an example of _____.
A. positional bargaining
B. principled negotiation
C. distributive negotiation
D. fact bargaining
E. surface bargaining
Answer:
Appointees at the federal level in administrative agencies are not permitted to engage in
any other business or employment during their terms.
Answer:
The foundation of John Rawls's social contract theory is a firm belief that knowledge of
people's age, gender, race, intelligence, strength, wealth, or social status will create a
just society.
Answer:
Jacob and his family own and operate a publishing firm. This is an example of a
publicly held organization.
Answer:
The courts can declare a trademark invalid even if the U.S. Patent and Trademark
Office has accepted registration.
Answer:
Zoning ordinances apply to types and locations of physical structures but not to
aesthetic characteristics such as color and exterior design.
Answer:
Workers in right-to-work states who do not belong to a union are still required to pay
representation fees to the union.
Answer:
Although expensive to create in comparison with other forms of businesses, the use of
sole proprietorships is becoming all the more common.
Answer:
The New York convention of 1958 discourages the use of arbitration in commercial
agreements made by companies in the signatory countries.
Answer:
Advisory councils consist of persons employed by an administrative agency just like
the secretary and the executive director.
Answer:
Proof of negligence leading to corporate mismanagement is enough to prove a case of
seller's fraud under Rule 10b-5.
Answer:
It is just as illegal to receive the benefit of price discrimination as it is to give a lower
price to one or two buyers.
Answer:
Plaintiffs can recover for harm done by false or misleading information in a prospectus
even if the prospectus is not read or reviewed.
Answer:
The Securities and Exchange Commission (SEC) applies the misappropriation theory of
insider trading to force executives who file or certify incorrect financial statements to
return bonuses and additional compensation received.
Answer:
The Sixth Amendment gives the right to a speedy and public trial in a criminal matter.
Answer:
Focus groups give attorneys insight into possible jury reaction to evidence and point up
weaknesses in a case.
Answer:
A benefit corporation is also known as a B-Corp.
Answer:
The Second Amendment to the Constitution holds that "No State shall . . . deprive any
person of life, liberty or property without due process of law."
Answer:
The trustee in bankruptcy is elected by a debtor to represent the debtor's estate in taking
possession of and liquidating the debtor's property.
Answer:
If the press publishes that which is illegal or libelous, it has liability for doing so.
Answer:
The verdict is always the final decision of a case entered by a judge.
Answer:
The Federal Food, Drug, and Cosmetic Act is administered by the Federal Trade
Commission.
Answer:
Recent trends suggest an increase in prosecution of white-collar criminals and
legislative efforts to protect the public from fraud.
Answer:
The U.S. export control system currently is regulated by the Department of State and
the Department of Commerce under authority provided by the Export Administration
Act and the Arms Export Control Act.
Answer:
One is not liable for another's injury unless he or she has a duty toward the person
injured.
Answer:
Purchasing, even innocently, something that has been stolen is considered conversion.
Answer:
Design patents apply to the appearance of an article of manufacture, unrelated to its
function.
Answer:
A group of persons with standing to sue includes those who have noneconomic
interests.
Answer:
The contract clause applies to the federal government in many ways.
Answer:
The Central America-Dominican Republic Free Trade Agreement is designed to
eliminate the barriers on products trades between its member countries.
Answer:
The Federal Trade Commission advises firms that request advice as to whether a
proposed practice is unfair or deceptive.
Answer:
Legally, a tort is any civil wrong other than a breach of contract.
Answer:
Whistleblowers are entitled to awards of lesser amounts when the fraud has already
been publicly disclosed and the whistleblower is not an original source.
Answer:
Securities laws are designed to give potential investors sufficient information so that
they can make intelligent investment decisions based on factual information.
Answer:
A workplace dress policy prohibiting headwear is likely to result in workplace
discrimination against Sikh employees who wear turbans.
Answer:
All members of the judiciary believe in judicial restraint and all are activists to some
extent.
Answer:
The process of voir dire examination continues until all of the peremptory challenges
are exhausted and a full jury panel is selected.
Answer:
Antonio and Fred are playing soccer when Fred accidently kicks Antonio's shin during a
pass. Antonio is seriously injured and is unable to play for at least six months. If
Antonio sues Fred, which of the following defenses is Fred most likely to use?
A. cause in fact
B. assumption-of-the-risk
C. statute of repose
D. strict liability
E. proximate cause
Answer:
Which of the following statements is true about the consideration in a contract?
A. Courts usually enforce contractual promises in the absence of consideration.
B. The amount of the consideration is the most important and relevant part of a contract
for a legal action.
C. The consideration must be contemporaneous and a part of both parties'
understanding of the contract terms.
D. The consideration in any unilateral contract is usually absent.
E. Performance made before parties discuss their agreement counts as a consideration.
Answer:
Which of the following statements is true of criminal suits?
A. Personal jurisdiction over a plaintiff is obtained by an affidavit submitted by the
police.
B. A plaintiff has to establish standing to sue for a court to have personal jurisdiction
over a case.
C. A defendant may agree to submit to a court's authority even though personal
jurisdiction cannot be obtained.
D. A defendant cannot waive any objection to a court's exercise of personal jurisdiction.
E. A court may have jurisdiction over a case even if the crime is not committed within
the state of the court that is obtaining jurisdiction.
Answer:
______ refers to the intent of a defendant-seller to deceive or mislead.
A. Handhabend
B. Double jeopardy
C. Per minas
D. Mens rea
E. Scienter
Answer:
Which of the following is an exemption from the Sherman Act that extends to concerted
efforts to lobby government officials?
A. Noerr-Pennington doctrine
B. quick look doctrine
C. state action doctrine
D. per se illegality doctrine
E. doctrine of inherency
Answer:
In the context of judicial review of voluntary arbitration, error of law renders an
arbitration award void only when __________
A. both disputing parties are dissatisfied with it
B. it violates a positive mandate of the law
C. the arbitrator reaches erroneous findings of fact from an evidence
D. it results in a huge financial loss for either of the disputing parties
E. the arbitrator misunderstands the law
Answer:
Thermal effluents consist of
A. heated air discharged into the atmosphere.
B. heated water discharged into rivers and lakes.
C. warm water tides that affect the weather.
D. solid waste that produces heat creating landfill-related pollution.
E. heated pollutants released from gas chambers to the atmosphere.
Answer:
Which of the following statements is true of the criminal penalties imposed for
violations of the Foreign Corrupt Practices Act?
A. They are only imposed on foreign officials.
B. They are only imposed on foreign companies.
C. Fines imposed on individuals may not be paid by their employer.
D. Fines imposed on individuals do not exceed $10,000.
E. If corrupt payments are made through intermediaries, only the intermediaries are
fined.
Answer:
The Equal Employment Opportunity Commission may not have more than ______
members of the same political party.
A. two
B. three
C. six
D. nine
E. five
Answer:
Which of the following is a remedy that provides equitable relief in cases that involve
an intellectual property dispute?
A. waiver
B. assignment
C. release
D. injunction
E. novation
Answer:
Coach Kleats is in charge of the softball team at Phoenix Junior School. He loses his
temper with one of the substitutes following a game and slams the child against the
lockers in his anger. The child is badly bruised and is bleeding from the nose. In this
scenario, the coach can be sued for committing a(n) _____.
A. tort of negligence
B. intentional tort
C. strict liability tort
D. statutory tort
E. tort of nuisance
Answer:
Which of the following statements is true of an easement?
A. It creates ownership of the land in question.
B. It exists for the benefit of pharmaceutical corporations.
C. It occurs when landlocked property is purchased.
D. It creates a leasehold estate.
E. It places a particular use of land behind the exclusive legal fence.
Answer:
Rachel contracted with Steven to cater her wedding for $20,000. Steven failed to
deliver on the day of the wedding, which forced Rachel to order food from a restaurant
that cost her $30,000. What amount in compensatory damages does Steven owe
Rachel?
A. $30,000
B. $20,000
C. $10,000
D. $50,000
E. No compensatory damages
Answer:
The ______ defense arises from a plaintiff's knowing and willing undertaking of an
activity made dangerous by the negligence of another.
A. causation in fact
B. implied-in-fact
C. comparative negligence
D. assumption-of-the-risk
E. fraud
Answer:
A defendant is liable for ______ if, without right, he or she intentionally enters land in
possession of another or causes something to do so.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
Answer:
The administrative agencies in the City of Dover have passed a written law banning
smoking in most restaurants and bars. This legislation is an example of a(n)
__________.
A. statute
B. act
C. regulation
D. ordinance
E. jurisprudence
Answer:
In the pretrial phase of litigation, the argument used by a defendant to dismiss a suit on
the basis of expiration of the time limit during which the defendant is subject to suit is
usually referred to as _____.
A. statute of limitations
B. res judicata
C. voir dire
D. request for peremptory challenge
E. summary judgment
Answer:
Which of the following statements is true of taking depositions?
A. It is the most expensive method of discovery.
B. It is the least revealing method of discovery.
C. It is the only method of discovery that uses voir dire.
D. It is the only method of discovery that uses res judicata.
E. It is the most common version of interrogatories.
Answer:
Tony has admired Ann for months, but he has never talked to her. One day, Tony walks
up to Ann and gives her a hug. Ann is angry and decides to sue Tony. In this case, Tony
has committed the tort of ______.
A. duress
B. conversion
C. battery
D. negligence
E. fraud
Answer:
To obtain civil fines, either the Federal Trade Commission (FTC) or the Justice
Department must ask the federal court to assess them. The exception to this rule is when
companies
A. violate a cease and desist order.
B. agree to fines as part of a cease and desist order.
C. knowingly violate a prior FTC order against others.
D. violate a trade regulation rule.
E. agree to fines as part of a consent order.
Answer:
The _____, proposed by Kant, says that a person has a moral duty to act in the way he
or she believes everyone should act.
A. social contract theory
B. deontological imperative
C. categorical imperative
D. consequentialist theory
E. relativistic approach
Answer:
The Taft-Hartley Act provides injunction power against
A. all strikes and lockouts that involve private employees.
B. all strikes and lockouts that create a national emergency.
C. all strikes and lockouts that involve the interstate sale of goods.
D. shutdown of companies in cases involving natural disasters.
E. mass layoffs by companies in cases involving right sizing.
Answer:
Which of the following types of intellectual property can be assigned to the invention of
a plant that can be reproduced asexually?
A. patent
B. copyright
C. trademark
D. trade name
E. brand mark
Answer:
When a party asks a judge to base a decision of a case on the pleadings and affidavits
provided there are no material disputed issues of fact, the party is most likely to be
filing a motion for _____.
A. summary judgment
B. a judgment on the pleadings
C. judgment as a matter of law
D. a general demurrer
E. directed verdict
Answer:
When a defendant, upon being served, wants to sue a plaintiff, the defendant becomes a
_____.
A. plaintiff
B. counterplaintiff
C. counterdefendant
D. appellant
E. appellee
Answer:
The Fifth Amendment is best known for its protection against
A. compulsory self-incrimination.
B. probable cause.
C. search warrants.
D. nolo contendere.
E. larceny.
Answer:
Which of the following refers to nolo contendere?
A. guilty
B. double jeopardy
C. not guilty
D. larceny
E. no contest
Answer:
The ______ is the chief law officer and legal adviser.
A. secretary
B. general counsel
C. chairperson
D. executive director
E. chief judge
Answer:
Which of the following statements is true of the Clean Air Act?
A. As per the act, the Environmental Protection Agency (EPA) sets national ambient air
quality standards and the states devise implementation plans.
B. Criminal sanctions for violation of the act by individuals result in a fine of up to
$1,000,000 or life imprisonment.
C. The principal responsibility for enforcing the act lies with the individuals and
nongovernmental organizations.
D. The scope of the act limits it from setting any secondary air quality standards.
E. The state is given complete control over formulation and implementation of plans
under the Clean Air Act.
Answer:
Punitive damages are also called ______.
A. exemplary damages
B. compensatory damages
C. comparative damages
D. extensive damages
E. contributory damages
Answer:
Briefly explain the strict liability of common carriers for damage to goods being
transported by them.
Answer:
Mena has been employed at Bill's Department Store for approximately 10 years as an
assistant manager. Despite her supervisor's assurances that she is among the top
candidates for a promotion, she is repeatedly passed over. Five store manager positions
have been given to less-experienced and less-qualified men within a two-month period
as well as to women with no children or to women who assured their bosses they would
have no more children. Mena has one child and is pregnant again. When she confronts
her supervisor, he tells her that her motherhood is the reason for her being passed over
for promotion. What legal course of action can Mena take in this case?
Answer:
What is the parol evidence rule?
Answer:
What are the disadvantages of discovery procedures, and how can they be avoided?
Answer:
What problem does the Kyoto Protocol address and what conclusions were reached?
Answer:
What happens when a patent expires?
Answer:
Martin was injured in an accident that involved his car and his neighbor Harry's car.
Martin had been driving at night without lights. He decided to sue Harry. Harry claimed
that Martin's failure to use headlights resulted in the accident. Is there any provision
under the common law that can justify Harry's claim?
Answer:
State the degrees of liability and taxation faced by a limited liability corporation.
Answer:
Discuss the effect of the Federal Arbitration Act on the courts' view of arbitration.
Answer:
What led to the enactment of the Robinson-Patman amendment to the Clayton Act?
Answer:
What are the remedies for acts that violate the Racketeer Influenced and Corrupt
Organizations Act (RICO)?
Answer:
In the context of the Truth-in-Lending philosophy of full disclosure, what is meant by a
"finance charge" and what are the items included in a "finance charge?"
Answer:
Explain the process for obtaining a patent.
Answer:
What are the costs to a business that are associated with the regulatory process?
Answer:
Harriet and Stewart meet with an accident, which severely injures both parties. The
cause of the accident is Harriet's speeding and drunken state. Discuss which tort will
Harriet be held liable for and the damages that Steward is entitled to.
Answer:
Differentiate between a judgment notwithstanding the verdict and motion for judgment
as a matter of law. When are they used?
Answer:
Crimson Inc. is an American company that manufactures fiber cement products. Mel
works as a plant supervisor. She had to take leave in order to care of her mother, who
had undergone surgery for a serious health condition. The management of the company
terminated Mel for taking intermittent leave. Is the termination order justified?
Answer:
