All states and federal courts have rules of procedure that require a jury to consist of 12
persons in both criminal and civil cases.
Answer:
With regard to privacy, protections against intrusions by private actors are often limited
to particular business contexts or certain forms of communications.
Answer:
The power of a government to take private property, the power of eminent domain, is
not subject to any restraint.
Answer:
Copyright deals with original invention, like patents.
Answer:
Under stare decisis, judges in current cases follow whenever possible the interpretation
of law determined by judges in prior cases.
Answer:
The bankruptcy laws are subject to regulatory interpretation.
Answer:
Under the Solid Waste Disposal Act, the main responsibility for nontoxic waste
management rests with federal management.
Answer:
Under the Convention on the International Sale of Goods (CISG), parties are not
allowed to negotiate contract terms and cannot opt out of the CISG.
Answer:
Courts have examined due care in negligence cases in terms of a balancing test.
Answer:
Under the Equal Employment Opportunity Act of 1972, the Equal Employment
Opportunity Commission can file a civil suit in a federal district court and represent a
person charging a violation of the act.
Answer:
Warranties can be disclaimed in writing if the parties so choose.
Answer:
The legal power created in the offeree to bind the offeror in a contract lasts forever.
Answer:
Stealing company property such as vehicles or computers is a form of larceny.
Answer:
Unsuccessful concealment can be used as a defense in the case of a bankruptcy crime.
Answer:
Unions are allowed to use members’ dues to support political activities.
Answer:
To comply with the requirement that they bargain collectively in good faith, employers
must ensure that they are willing to provide monetary support to unions.
Answer:
The prevention of significant deterioration policy is criticized on the grounds that it
prevents industry from moving into southern and western states where air quality is
cleaner than standards require.
Answer:
Airborne particles that fall on a plaintiff’s property can constitute a trespass.
Answer:
Under the strict scrutiny test, a classification will be a denial of equal protection unless
the classification is necessary to achieve a compelling state purpose.
Answer:
The president appoints the commissioners of the Federal Trade Commission for
four-year terms.
Answer:
A country may choose to accept the International Court of Justice’s jurisdiction only
when the use of the Court may suit its own interests.
Answer:
The 1991 amendments to the Civil Rights Act state that the showing of a statistically
imbalanced workforce is enough in itself to establish a violation of Title VII of the Civil
Rights Act.
Answer:
A defense for defamation is that the defaming statement arose from privileged
communications.
Answer:
Due process clause applies to the actions of individuals or businesses.
Answer:
House-sitting would be an example of a bailment because you are in temporary
possession of someone’s house with the intention to return full possession to the owners
upon their return.
Answer:
Several studies have found a discernible difference between results reached by a
six-person jury and those reached by a 12-person jury.
Answer:
The women in the house next to you party and keep you up most nights. In this
scenario, they are creating a public nuisance.
Answer:
An injunction is an order by a judge either to do something or to refrain from doing
something.
Answer:
Adhesion contracts are those that are drafted by one party and presented to the other
without a substantial opportunity for revision.
Answer:
Juan offers to sell his cycle to Charles for $1,000. Charles agrees saying, “I will pay you
$1,000, if you give me an extra tire with the cycle.” This is an example of a binding
contract that is created between Juan and Charles as a result of the mirror image rule.
Answer:
The penalties imposed on employers who violate child labor laws can be trebled for
repeated violations.
Answer:
The Convention on the International Sale of Goods provides that in contract
negotiations an acceptance that contains new provisions that materially alter the terms
of the offer becomes part of a contract.
Answer:
The China International Economic and Trade Arbitration Commission allows parties to
an arbitration to choose the nationality of the arbitrators.
Answer:
The extent of any limitation on a basic constitutional guarantee depends upon the nature
of the competing public policy.
Answer:
Activist jurists believe that constitutional issues must be decided within the context of
contemporary society and that the meaning of the U.S. Constitution is relative to the
times in which it is being interpreted.
Answer:
If substantial evidence in support of a decision is present, the court will review an
administrative agency’s findings once again.
Answer:
The University of Kay and Kaytech University are bitter cross-town rivals. They
compete in everything from sports to academics. Due to decreasing enrollment, the
schools make an agreement to give all incoming students free tuition for one semester
before raising the existing rates the following semester. This action is most likely to be
considered a
A. horizontal agreement in violation of the Sherman Act.
B. vertical agreement in violation of the Sherman Act.
C. tying agreement in violation of the Clayton Act.
D. reciprocal dealing agreement violating the Clayton Act.
E. licensing agreement violating the Clayton Act.
Answer:
Mike is an employee at JVV Corp. The company is located in a right-to-work state.
Which of the following statements is true in this case?
A. The union must still collect a non-association fee from Mike.
B. Mike is required to pay representation fees to the union.
C. Mike is outside the purview of the collective bargaining agreement.
D. The union must handle Mike’s grievances, if any, with the management.
E. Mike has to enter into an agreement requiring membership in a union as a condition
of continued employment.
Answer:
Mandatory arbitration can be constitutional if __________.
A. the disputing parties include a contract clause for arbitration in the agreement before
dispute arises
B. licensed arbitrators preside over all proceedings
C. all disputing parties agree in advance to be bound by the arbitration award
D. fair procedures are provided by the legislature and ultimate judicial review is
available
E. it is bound by the Supremacy Clause and the Commerce Clause of the U.S.
Constitution
Answer:
If a prospective juror admits bias favoring one of the parties to a trial, that person is
most likely to be excused for __________.
A. peremptory challenge
B. cause
C. discovery
D. lack of standing
E. being respondent
Answer:
In a bankruptcy proceeding, which of the following classes of bankruptcy creditors will
receive highest priority?
A. government tax claims
B. employees who are owed wages earned within 180 days of the bankruptcy petition
C. consumers who have paid deposits or prepayments for undelivered goods or services
D. spouse, former spouse, child, or guardian with claims for domestic support
E. general creditors
Answer:
Which of the following is a type of fraud that occurs when the victim pays money to
someone in anticipation of receiving something of greater value, then receives little or
nothing in return?
A. impersonation fraud
B. telemarketing fraud
C. advance fee scheme
D. identity fraud
E. Ponzi scheme
Answer:
Before the Equal Employment Opportunity Commission can file a civil suit for a
violation of the Civil Rights Act based on a claim by a discriminated employee, it must
first
A. determine that no racial discrimination has occurred.
B. ensure that the violation has occurred for at least a period of three weeks.
C. exhaust efforts to settle the claim.
D. wait for a period of at least two weeks for the employer to take corrective actions.
E. wait for a period of at least three weeks for the state to take corrective actions.
Answer:
Which of the following classifications is subject to a rational-basis test?
A. legitimacy
B. gender
C. race
D. national origin
E. age
Answer:
In 1991, depending on the size of the employer, Congress amended the Civil Rights Act
to allow the recovery of compensatory and punitive damages per person of up to
______.
A. $100,000
B. $150,000
C. $300,000
D. $50,000
E. $400,000
Answer:
A school prohibits its students from praying even during breaks. It also prohibits its
students from forming prayer groups. In this case, which of the following clauses of the
First Amendment is the school most likely to violate?
A. the free exercise clause
B. the establishment clause
C. the supremacy clause
D. the takings clause
E. the presentment clause
Answer:
In the context of factors to consider when selecting a business’s organizational form,
one of the most significant creation-related issues is
A. the location of the business.
B. how much paperwork is involved.
C. how many people are recruited on average in a year by the organization.
D. the organization’s policies.
E. the demographic to which the organization targets its services or products.
Answer:
If there is evidence that a word used in a contract has a particular trade usage, courts
will
A. give it that meaning.
B. ask the contracting parties to remove that word from the contract.
C. ask the contracting parties to add it as a comment to the contract.
D. ask the contracting parties to add it to the nolo contendere section of the contract.
E. replace the word with its legal equivalent.
Answer:
Which of the following is a violation of the Sherman Act?
A. market extension mergers between companies from different fields
B. conglomerate mergers between small companies
C. price fixing agreements between large companies
D. gaining monopoly through the use of franchising agreements
E. gaining monopoly due to the use of patent technology
Answer:
The National Labor Relations Board conducts certification elections upon receipt of a
petition signed by at least ______.
A. 40 percent of the employees
B. 60 percent of the employees
C. 30 percent of the employees
D. 70 percent of the employees
E. 10 percent of the employees
Answer:
Under the Clean Water Act, the first step in cleanup of industrial wastes requires
polluters to install ______.
A. best practicable technology
B. scrubbers
C. best available technology
D. electromagnetic precipitators
E. wet collectors
Answer:
Injurious falsehood, a common business tort, is sometimes called ______.
A. false imprisonment
B. duress
C. trade disparagement
D. trade discouragement
E. battery
Answer:
In the pretrial phase of litigation, if a party fails to produce relevant, requested
evidence, the party seeking the information is most likely to __________.
A. file a request for an admission
B. request for a voir dire examination
C. file a motion to compel discovery
D. file a motion for a summary judgment
E. file a petition for a writ of certiorari
Answer:
Under the 1934 Act, an individual found guilty of filing false or misleading documents
with the Securities and Exchange Commission (SEC) may be imprisoned up to
A. 5 years.
B. 10 years.
C. 15 years.
D. 20 years.
E. 25 years.
Answer:
Chris, aged 62, is an employee of Magnatrix Inc., a small company with 12 employees.
The CEO of Magnatrix, Kathy, asks Chris to retire as the company is planning to reduce
its financial budget. Kathy also mentions that Chris is entitled to $50,000 a year in
retirement benefits. Chris does not want to be forced into retirement, and he decides to
sue Magnatrix for age discrimination. In this scenario, Chris cannot sue for
discrimination under the Age Discrimination in Employment Act because
A. he is entitled to $50,000 a year in retirement benefits.
B. he is older than 60 years.
C. Magnatrix has only 12 employees.
D. it is legal for Magnatrix to force any employee into retirement.
E. he was not fired from Magnatrix.
Answer:
In the context of patentable subject matter, which of the following refers to doing
something through a series of operations?
A. claim
B. process
C. infringement
D. recognizability
E. tarnishment
Answer:
Among the costs frequently paid by debtors to creditors as a condition of the extension
of credit, which of the following are included in the finance charge?
A. title insurance fees
B. abstract fees
C. attorney’s fees for preparing deeds
D. notary fees
E. fees for appraisals
Answer:
Mobi Telecom Inc. and Broadcom Inc. are manufactures of cell phones competing in
the same markets. If Broadcom decides to acquire and merge with Mobi, the merger is
most likely to be called a ______.
A. vertical merger
B. horizontal merger
C. product extension merger
D. geographic extension merger
E. freeze-out merger
Answer:
For a seller’s pricing to be considered predatory conduct, there must be proof that
A. the seller was selling the product at a price above the cost price.
B. the prices were intended to drive competitors out of business followed by the
wrongdoer recouping the initial losses.
C. the prices were higher than those of all competitors within the same product group.
D. the buyers were willing to buy a product at the seller’s prices despite having a wide
range of options.
E. a buyer had other options in the same product line available in different price ranges.
Answer:
The general way of perfecting a security interest under Article 9 is to file a(n)
A. artisan’s lien.
B. financing statement.
C. deed of trust.
D. warranty deed.
E. creditor’s instrument.
Answer:
Which of the following is an advantage to arbitrating international disputes?
A. It allows international disputes to be decided by the World Court.
B. It allows U.S. courts to decide on international disputes.
C. It prevents the World Trade Organization from getting involved.
D. The parties to a dispute can litigate the dispute in a foreign court.
E. The parties to a dispute can avoid unwanted publicity.
Answer:
______ laws prohibit agreements requiring membership in a labor organization as a
condition of continued employment of a person who was not in the union when hired.
A. Right-to-work
B. Right-to-wage
C. Right-to-union
D. Right-to-choice
E. Right-to-information
Answer:
The Public Company Accounting Oversight Board was created by the
A. Securities Act of 1933.
B. Securities Exchange Act of 1934.
C. Security Fraud Enforcement Act.
D. Sarbanes-Oxley Act.
E. Sherman Act.
Answer:
Which of the following statements is true of silence as a method of acceptance?
A. An offeree’s silence implies that the offeree will make a counter offer.
B. Silence may well imply acceptance if the parties previously dealt with each other.
C. When an offer specifies that silence indicates acceptance, the offeree has to respond.
D. Silence alone can be acceptance and the basis of a binding contract.
E. Silence leads to acceptance of an offer due to the mirror image rule.
Answer:
Rawls’s veil of ignorance means that to think ethically people must __________.
A. lose the assumption that what they personally want or need is necessarily morally
correct
B. recognize that they cannot make valid ethical decisions unless they are totally
unaware of the other parties involved so as to eliminate bias
C. recognize that they cannot make valid ethical decisions unless they are totally
unaware of the circumstances leading to the ethical dilemma so as not to be influenced
by unchangeable history
D. put themselves in the position of those affected by their decision and act as they
would want them to act
E. make every ethical decision as if they did not have any education in ethical or moral
history to color their decision
Answer:
Jim, a restaurant manager, punches a customer for his uncouth behavior toward a
waiter. In this scenario, the customer can sue Jim for ______.
A. assault
B. fraud
C. battery
D. libel
E. duress
Answer:
______ are court-awarded damages to put a plaintiff in the same position as if a
contract had been performed.
A. Nominal damages
B. Consequential damages
C. Liquidated damages
D. Compensatory damages
E. Specific damages
Answer:
The Nike ‘swoosh” and McDonald’s golden arches are examples of which type of
intellectual property?
A. copyright
B. patent
C. certification mark
D. trademark
E. novelty
Answer:
Which of the following statements is true of the Council of Ministers of the European
Union (EU)?
A. It coordinates the policies of the member states in a variety of areas from economics
to foreign affairs.
B. It is composed of elected representatives from the six most powerful European
countries.
C. It decides the nature and parameters of EU law.
D. It is the only institution of the EU that has control over the annual budget of the EU.
E. It plays an active role in drafting legislation that has an impact on the daily lives of
its citizens.
Answer:
What are opinions, precedents, and citations?
Answer:
What is the purpose of a voir dire examination?
Answer:
What must a plaintiff do, according to the Supreme Court, in order to sue a foreign firm
in the United States?
Answer:
What provisions have been made by the Sarbanes-Oxley Act to provide protection for
whistleblowers?
Answer:
Explain the responsibilities of a secretary in administrative agencies.
Answer:
How is a corporation form of organization identified depending on where it has been
incorporated?
Answer:
When can a party to labor negotiations present a demand to bargain about a voluntary
issue? What does tying a voluntary bargaining issue to a compulsory bargaining issue
result in?
Answer:
List the specific acts of persons and organizations that are not subject to federal court
injunctions as listed by the Norris-LaGuardia Act.
Answer:
Is the concept of due care a formalist or consequentialist concept? What are the
difficulties in applying this to business actions?
Answer:
Who are the responsible parties recognized under the Superfund?
Answer:
What is obstruction of justice?
Answer:
Briefly discuss the advantages of an S corporation.
Answer:
Briefly describe how execution and garnishment are used as enforcement mechanisms
after the judgment has been delivered.
Answer:
List any two disadvantages of case law.
Answer:
What questions should one ask himself or herself to explore his or her ethical values
before making a personal or business decision?
Answer:
In a fit of anger, a store manager hits a customer with a wrench. Discuss the suit the
customer can file against the store manager.
Answer: