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The civil law arose in the eleventh and twelfth centuries as the English monarch
appointed royal judges to ride circuits around the English countryside and to resolve
disputes in the name of the king (or queen).
Answer:
Industry guides issued by the Federal Trade Commission are formal and legally
binding.
Answer:
As a limitation of the employment-at-will doctrine, the Consumer Credit Protection Act
prohibits discharge of employees due to garnishment of wages for any one
indebtedness.
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The important role and positive perception of arbitration among businesses today
probably would not exist without the Federal Arbitration Act.
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Isla mails Taylor offering to sell her house at a "reasonable price." Taylor mails his
acceptance. Isla and Taylor are bound by a valid contract.
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In the context of attachment in secured transactions, collateral may include not only
things currently owned by the debtor but collateral known as after-acquired property
that the debtor acquires in the future.
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In civil cases, the clear and convincing proof standard is used more frequently.
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A collateral promise is a secondary or conditional promise.
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Trade secrets lose property in knowledge-based resources when they come into contact
with suppliers, customers, repair technicians, or even visitors.
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Once an employer recognizes a unionno matter how informallythe employer is bound
by the recognition and loses the right to seek an election.
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Collective bargaining is the process by which two unions negotiate and reach
agreements on matters of importance to the employees.
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Property is the legal right to exclude others from resources that are originally possessed
or are acquired without force, theft, or fraud.
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A promise to make a gift is not binding as a contractbecause no bargained-for
consideration supports the promise.
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Coupled with an overemphasis on profit, the group effect increases the difficulty of
achieving an ethical business corporation.
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Partnership is the most easily formed business organization compared to other forms of
business organizations.
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When a defendant wants to sue a plaintiff, the defendant files a counterclaim.
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The common law relies more on legislation than judicial decisions to determine what
the law is.
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Discovery procedures are intended to be used by the parties to litigation strictly under a
court's direct supervision.
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Freedom of speech is an absolute constitutional guarantee.
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Complete performance recognizes that a contracting party has fulfilled every duty
required by a contract.
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The Uniform Commercial Code states that if the goods are damaged in transit, the
liability rests on the seller, not the buyer.
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The exclusive remedy rule does not protect employers who intentionally injure workers
as workers' compensation laws apply only to accidentally injured workers.
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With reference to the hierarchy of sources of law, case law prevails over local
ordinances.
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The Sarbanes-Oxley Act focuses on decreasing the independence of the auditors.
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The conduct that violates the antibribery provisions of the Foreign Corrupt Practices
Act may also give rise to a private cause of action for treble damages under the
Racketeer Influenced and Corrupt Organizations Act.
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Substantial evidence is that which a reasonable mind might accept as adequate to
support a conclusion.
Answer:
Promissory estoppel often is used to prevent a party who has made a unilateral offer
from withdrawing the offer after the requested work has begun.
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In the determination of private nuisance, a court will declare a nuisance based solely
upon the plaintiff's showing that the defendant's use of his or her land produces an
offensive result for the community.
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Generally, an arbitrator's award does not need to set forth conclusions of law or the
reasons for an award.
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Res judicata means that a case has been finally decided on appeal.
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The general language used in delegating quasi-judicial authority usually involves grants
of substantial discretion to an agency.
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Legislation passed by the Congress is called a statute or an act.
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Trademarks indicate a specific producer.
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The strict scrutiny approach is applied to cases involving rights such as the
A. right to possess guns.
B. right to travel.
C. right to follow any religion.
D. right to freedom of the press.
E. right to free speech.
Answer:
John rents a movie from a video store, but instead of returning it, he lends it to Sam
who accidentally loses it. In this case, John commits the tort of ______.
A. conversion
B. theft
C. battery
D. trespass
E. invasion of privacy
Answer:
Title VII of the Civil Rights Act does not prohibit discrimination against employees
based on their ______.
A. national origin
B. race
C. sexual orientation
D. gender
E. age
Answer:
The time allowed for one party to sue another and the rules of law governing the
process of a lawsuit are examples of __________.
A. tort laws
B. procedural laws
C. international laws
D. substantive laws
E. property laws
Answer:
Which of the following statements is true of the Environmental Protection Agency
(EPA)?
A. It establishes a single piece of legislation that comprehensively controls radiation
pollution.
B. It coordinates public control of private action at the federal level.
C. It is usually beyond its scope to administer federal laws.
D. It administers local laws relating to the sale of medicines and drugs at lower rates.
E. It demands that all state agencies prepare an environmental impact statement prior to
taking certain actions.
Answer:
Which of the following is a control device that stationary source polluters may utilize to
achieve design standards?
A. catalytic converters
B. short stacks
C. water jets
D. steel utilities
E. scrubbers
Answer:
A(n) ______ is one in which the promised terms of the contract are discussed by the
parties.
A. express contract
B. reciprocal contract
C. implied contract
D. bilateral contract
E. unilateral contract
Answer:
The 1991 revision of the Civil Rights Act to support punitive and compensatory
damages has
A. reduced the number of discrimination suits against employees.
B. encouraged employees to sue their employers.
C. reduced the effectiveness of the Equal Employment Opportunity Commission.
D. made it possible for courts to award unlimited damages.
E. nullified the business necessity defense.
Answer:
FG Tires Corp. supplies 2000 tires to a car manufacturing company of which 100 are
defective. In this case, FG Tires is most likely to be prosecuted on the basis of ______.
A. assumption of risk
B. comparative responsibility
C. compensatory negligence
D. contributory negligence
E. strict products liability
Answer:
Which of the following statements is true of formalism?
A. It is primarily concerned with the consequences of a person's action rather than the
action itself.
B. It lays more emphasis on end results and their evaluation.
C. It focuses more on common good rather than on individual rights.
D. It is an approach to ethics that affirms an absolute morality.
E. Its dominant form is utilitarianism.
Answer:
If your home is being foreclosed on, you may retain ownership of the property if you
pay the full amount of the debt before the sale. This is called a
A. right of revision.
B. right of recovery.
C. right to cure deficiency.
D. right of redemption.
E. right to debt forgiveness.
Answer:
If a minor fails to disaffirm a contract within a reasonable time after reaching majority,
the minor is said to ______ the contract.
A. transcend
B. terminate
C. rescind
D. ratify
E. breach
Answer:
Subprime mortgages refer to mortgages securing loans for consumers
A. at an interest rate lower than the prime interest rate established by the Federal
Reserve Bank.
B. who own property that cannot pass a reasonable safety inspection.
C. with excellent credit worthiness at a lower than ordinary market rate.
D. who do not qualify for ordinary market rates due to a lack of credit worthiness.
E. with excellent credit worthiness at a zero rate of interest.
Answer:
Which of the following statements is true of the problem of solid wastes?
A. The Clean Air Act is inapplicable in cases where solid wastes have been burned.
B. Solid waste pollution problems have decreased during the last 25 years.
C. Half of all solid waste produced in U.S is agricultural waste.
D. Residential waste is the highest contributor of solid wastes in U.S.
E. Landfills are the least used sites for most household and business solid wastes.
Answer:
Which of the following statements is true of jurisdictional strikes?
A. They are legal only if it is between a union member and management.
B. They involve more than one employer.
C. They are unfair labor practices.
D. They are a fair way for unions to gain bargaining position.
E. They help employers to rein in erring unions.
Answer:
A(n) ______ is an agreement or a "kind of partnership" for criminal purposes in which
each member becomes the agent or partner of every other member.
A. embezzlement
B. kickback
C. referral
D. conspiracy
E. false statement
Answer:
For violations of the Fair Debt Collection Practices Act, in the absence of actual
damages, the court may still order a collector to pay a debtor up to ______.
A. $100,000
B. $50,000
C. $1,000
D. $5,000
E. $10,000
Answer:
In contracts that are not between merchants selling goods, a promise to keep an offer
open for a certain time period must be supported by the offeree's consideration. Such
agreement to not revoke an offer is called a(n) ______.
A. firm offer
B. option
C. promissory estoppel
D. novation
E. accord
Answer:
Vincent agrees to sell 10 cartons of footwear to a local retail outlet at $150 for each
carton. Each carton is to contain 30 pairs of footwear, but the local retail outlet finds
that most of the cartons have only 25 pairs of footwear. The retail outlet decides to sue
Vincent, but they decide to settle the matter outside the court in order to reduce the
expenses involved in a lawsuit. Both parties finally agree to revise the rate of each
carton to $135 with each carton containing 25 pairs of footwear. This settlement is an
example of ______.
A. accord and satisfaction
B. duress
C. mutual mistake
D. undue influence
E. promissory estoppel
Answer:
A(n) ______ is one in which the businesses involved neither compete nor are related as
customer and supplier in any given line of commerce.
A. arbitration merger
B. horizontal pricing arrangement
C. vertical pricing arrangement
D. conglomerate merger
E. vertical merger
Answer:
The Magnuson-Moss Warranty Act, administered by the Federal Trade Commission,
applies to all product warranties on consumer products costing more than ______.
A. $100
B. $10
C. $15
D. $25
E. $50
Answer:
A(n) ______ is an intentional misrepresentation of a material fact that is justifiably
relied upon by someone to his or her injury.
A. duress
B. fraud
C. conversion
D. libel
E. slander
Answer:
Which of the following statements is true of civil cases?
A. They typically involve a representative of government attempting to prove the wrong
committed against society and seeking to have the wrongdoer punished by the court
system.
B. They typically involve a request for damages or other appropriate relief that does not
involve punishment of the wrongdoer.
C. They typically include matters that involve the regulation of society as opposed to
individuals interacting.
D. They typically include matters that involve the interpretation and application of
either the federal or state constitutions.
E. They typically include legal principles that apply to government agencies, bureaus,
boards, or commissions.
Answer:
According to the Lanham Act of 1946, which of the following is a mark representing
membership in a certain organization or association?
A. certification mark
B. product mark
C. service mark
D. collective mark
E. secondary mark
Answer:
Which of the following statements is true of the minimum rationality approach?
A. A permissible state end is one that is prohibited by at least one provision of the
Constitution.
B. Under this approach, a permissible state end is one that qualifies as an ethical, not
necessarily reasonable, goal of government.
C. A permissible state end is not prohibited by another provision of the Constitution.
D. A permissible state end does not qualify as a legitimate goal of government.
E. Under this approach, a law creating different classifications will survive if it has no
connection to a permissible state end.
Answer:
Employers with more than 50 employees are not subject to the Fair Labor Standards
Act (FLSA) break time requirement if compliance with the provision would impose an
undue hardship.
Answer:
In most states, a jury's decision must be unanimous because __________.
A. it reduces the number of mistrials in both criminal and civil cases
B. it reduces the number of cases that are appealed by a losing party in a higher court
C. it is believed that it is a foolproof approach as the right of trial by jury is not
guaranteed in both criminal and civil cases
D. it is believed that the truth is more nearly to be found if the jury acts only on one
common conscience
E. it is believed that jurors are not easily swayed emotionally by lawyers as they are
qualified to distinguish fact from fiction
Answer:
Which of the following statements is true of the Sherman Act?
A. The Sherman Act applies only to the sale of goods.
B. Price fixing in the service sector is permitted under the Sherman Act.
C. Maximum-price agreements are illegal, while minimum-price agreements are not
illegal.
D. The Sherman Act covers services, including those performed by learned professions.
E. An action is not considered to be price fixing if the prices fixed are fair or
reasonable.
Answer:
Which of the following statements is true of delegation of quasi-legislative authority to
administrative agencies?
A. The delegation of authority should be general and unlimited to ensure smooth
running of the administrative processes.
B. The delegation of authority to an agency must provide that the agency's power to act
is limited to areas that are certain.
C. The delegation of authority should contain broad language to avoid confusion in the
performance of an action.
D. The delegation of authority involves grant of substantial discretion to the judiciary.
E. The delegation of authority allows courts to interfere with the discretion given to the
agency and can substitute their judgment for that of the agency.
Answer:
The ______ creates the Congress, the presidency and vice presidency, and the Supreme
Court of the United States.
A. Perpetual Union
B. Articles of Association
C. United States Charter
D. United States Constitution
E. Bill of Rights
Answer:
Which of the following is a taxable entity?
A. a partnership
B. a limited liability partnership
C. a limited liability company
D. a corporation
E. a sole proprietorship
Answer:
What must an expert prove to successfully present the defense of due diligence?
Answer:
It has been estimated that intangible assets represent a significant portion of the total
assets of many large U.S. companies. Name the different kinds of intangible assets
businesses might possess.
Answer:
Zainab wants to sell her house to Tiffany for $300,000. Tiffany responds stating that she
will be glad to buy the house at $300,000 and asks if the price includes the furniture.
Zainab says that the furniture is not included. Tiffany agrees to pay $300,000, but
Zainab demands $350,000, stating that Tiffany's counteroffer terminates the earlier
offer. Discuss the case.
Answer:
What does Section 12 of the Securities Act of 1933 deal with?
Answer:
What is the tort of strict liability?
Answer:
Wallace buys a television from Dotty, but a week later, a clerk from Conduit City, an
electronics store, contacts Wallace to inform him that the store will be repossessing his
television. Wallace states that he bought the television free and clear from Dotty. The
clerk explains that Conduit City has a purchase money security interest in the
television, which permits them to repossess the TV. Who is right between Wallace and
the clerk? Explain your answer.
Answer:
What must lawyers do to preserve an argument for appeal of an evidentiary ruling?
Answer:
Describe the parties involved in a civil suit.
Answer:
Briefly explain compensatory damages.
Answer:
What are the sources for international standards for the protection of intellectual
property rights?
Answer:
Name and explain the three main categories of torts.
Answer:
A restaurant refuses to serve Joe as he is an African American. When Joe complains to
the owner of the restaurant, the owner tells Joe that he owns the restaurant, and he can
refuse service to whomever he wants. Will the owner escape liability under the
provision in Title VII of the Civil Rights Act which allows discrimination under certain
conditions?
Answer:
Fiola hires Tring Painters to paint her living room. She selects deluxe paints that will
cost her $200. When the painters begin their work, Fiola notices that they are
mistakenly using washable finesse paints, which will cost her $500. When the work is
done, Fiola refuses to pay Tring Painters the $500 saying she wanted paints that would
cost $200. Analyze the rights of the parties in this case.
Answer:
Why is the Supreme Court far more likely to review and reverse a decision rendered by
the Ninth Circuit Court of Appeals?
Answer:
Mark enters into an oral contract to sell Clara his music collection for $10,000. Later,
Mark sues Clara for not making the payment of $10,000. Clara refuses to pay the
amount and instead claims to the court that the music collection was hers all along and
that Mark is lying. In this case, what can aid Mark in getting his payment of $10,000?
Answer:
What is the primary requirement of the Hague Service Convention?
Answer:
Discuss embezzlement and money laundering.
Answer:
Briefly explain the concept of user provisions as mentioned in the Fair Credit Reporting
Act.
Answer:
What is emissions reduction banking and how is it used?
Answer:
