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Rita is drunk while driving her car, and she hits Anna's car. This makes Anna a
tortfeasor.
Answer:
In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care.
Answer:
A party who makes a unilateral mistake can void the contract.
Answer:
Setting a passing score for whites at 80 out of 100 and a passing score of 60 out of 100
for minority applicants in an admission test is an example of race norming.
Answer:
A Worker Adjustment and Retraining Notification (WARN) notice is mandatory for a
case that relates to the sale of a business.
Answer:
The arbitration process is less streamlined and harder for the parties to understand than
litigating the dispute in a foreign court.
Answer:
Examples of publicly held businesses include those whose stock is traded on a public
exchange.
Answer:
Any operating loss suffered by an S corporation is shared and immediately deductible
on the returns of its shareholders.
Answer:
Ownership of a sole proprietorship can be transferred.
Answer:
One of the functions of the administrative process is to decide issues expeditiously.
Answer:
At the federal level, the Supreme Court encourages class-action suits.
Answer:
An option offer is open for a certain time period and is supported by the offeree's
consideration.
Answer:
The Securities Exchange Act makes it illegal to sell a security on a national exchange
unless a registration is effective for the security.
Answer:
The Resource Conservation and Recovery Act accomplishes proper hazardous waste
disposal through the manifest system.
Answer:
Laws regarding traffic violations predominantly address ethical concerns.
Answer:
Under the Uniform Commercial Code, a party to a sale-of-goods contract receives
discharge from performance because of commercial impracticability.
Answer:
If printed form contracts have additional typed terms that contradict the printed terms,
courts interpret printed terms to control typed terms.
Answer:
To establish standing, the challenging party must address issues relating to the
reviewability of a decision and the aggrieved party involved.
Answer:
In exercising their investigative functions, administrative agencies are excluded from
using subpoena powers.
Answer:
Defendants usually bring in third-party defendants when there is someone who may
have liability to a defendant if the defendant has liability to a plaintiff.
Answer:
Liquidated damages must be a reasonable attempt to assess actual damages in the face
of uncertainty when a contract is formed.
Answer:
Disadvantages of case law do not destroy the benefits of certainty, predictability, and
stability provided by case law and stare decisis.
Answer:
Positional bargaining is an approach based on principled, interest-based negotiations.
Answer:
Tying arrangements do not violate the Sherman Act.
Answer:
Exigent circumstances justify a warrantless search when the exigency is created or
manufactured by the police.
Answer:
A plaintiff would have less flexibility making a claim under false and deceptive than
she would making a claim under common law.
Answer:
Creation of a foreign subsidiary eliminates the risk to a domestic parent firm.
Answer:
The Fifth Amendment protects the accused from being compelled to produce real or
physical evidence.
Answer:
All 50 states in the United States have adopted right-to-work laws.
Answer:
Misuse is a defense that defendants commonly raise in product liability cases.
Answer:
If one of the potential jurors is the brother of a defendant, the only way for a plaintiff to
get the brother off of the jury panel is by using a peremptory challenge.
Answer:
It is fairly common for both a plaintiff and defendant to attach a series of interrogatories
to their respective pleadings.
Answer:
The penalty for failure to comply with the Worker Adjustment and Retraining
Notification (WARN) notice is back pay to employees to cover the required 60-day
period.
Answer:
Advisory opinions of an administrative agency are as binding as formal rulings.
Answer:
Felonies are punishable by fine or imprisonment in a penitentiary for a period of one
year or more.
Answer:
Most countries will permit a foreign firm to conduct business only if a national of the
foreign country is designated as its legal representative.
Answer:
The United Kingdom, the United States, Canada, Jamaica, India, Nigeria, New Zealand,
and a few other countriesall colonized by Englandfollow the common law.
Answer:
After receiving an answer that contains one or more counterclaims, a plaintiff files a
reply that specifically admits or denies each allegation of a defendant's counterclaims.
Answer:
Which of the following statements is true of trial by jury?
A. All states require a jury's decision to be unanimous in civil cases where the amount
in controversy exceeds $75,000.
B. Juries are only used in criminal cases.
C. A jury has to consist of 12 persons.
D. Juries are used in a large percentage of all cases.
E. The right to trial by a jury is preserved in suits at common law in civil cases when
the amount in controversy exceeds $20.
Answer:
Hillward Bakers Inc. has been using a logo with the letters "HB" in blue color and a
baker's hat above these letters since its inception ten years ago. This logo has since been
connected with Hillward Bakery by its customers. Hobert Bakers Inc., a newly opened
bakery and confectionary chain, uses the same logo. Hillward has not registered its
logo, but chooses to sue Hobert. Which of the following is true of this case?
A. Hillward cannot sue Hobert since the logo has not been registered as a trademark.
B. Hillward can sue Hobert since the logo has been used by Hillward and is associated
with it.
C. Hobert can defend that Hillward created something that lacks utility and cannot be
trademarked.
D. Hobert can defend that Hillward created something that was very obvious.
E. Hillward cannot sue Hobert because logos cannot be patented or trademarked.
Answer:
______ cases involve whether proper notice has been given and a proper hearing has
been conducted.
A. Equal protection clause
B. Contract clause
C. Exclusion clause
D. Limitation clause
E. Procedural due process clause
Answer:
_____ are in effect a form of punishment for violating the law and have a preventive
function.
A. Ordinances
B. Statutes
C. Sanctions
D. Torts
E. Opinions
Answer:
Kent signed a contract with Turner to exclusively work for Turner. Kent breached the
contract by working part time for other people. Turner tried to reach a voluntary
settlement with Kent as long as he pays a certain amount to Turner. As this attempt
failed, they decided to allow Erika, a neutral third party, to make a decision. Turner and
Kent agreed to abide by the decision taken by Erika. Which of the following is depicted
in this scenario?
A. a negotiated settlement
B. obiter dicta
C. arbitration
D. stare decisis
E. a free exercise clause
Answer:
Salim has entered into a contract with Jenna to buy her land for $50,000. Salim has paid
the amount in full. However, Jenna has not transferred the land to Salim. Salim decides
to sue Jenna to request a court order to compel Jenna to transfer the land as per the
contract. Which of the following remedies is the court most likely to enforce in this
case?
A. rescission
B. consequential damages
C. substantial performance
D. liquidated damages
E. specific performance
Answer:
The legal foundation for federal taxation is found in ______.
A. yearly power grants from each of the individual states
B. the Declaration of Independence
C. Article 1, Section 8 of the United States Constitution
D. the Congressional Budget and Impoundment Control Act, which created the
Congressional Budget Office
E. the Transportation Equity Act
Answer:
Which of the following statements is true of freedom of speech?
A. It covers both verbal and written communications.
B. It solely exists to protect popular ideas.
C. Its protection relates to private action.
D. It is possible to challenge a statute limiting speech only if a person's own speech is
prohibited.
E. It does not cover conduct or actions considered symbolic speech.
Answer:
Which of the following statements is true in cases where only one party drafts a
contract that contains terms that appear vague and ambiguous to the other party?
A. The court will give the terms the meaning as per trade usage.
B. The court will reject the non-drafting party's attempt to reinterpret the terms after the
contract has been signed.
C. The court will declare the drafting party's behavior as a tort due to intentional
ambiguity of terms.
D. The court will interpret the terms as they mean in the common language.
E. The court will interpret the ambiguous and vague terms against the party that drafts
them.
Answer:
Any party seeking the judicial review of any administrative agency's decision must be
able to prove:
A. enabling legislation.
B. immunity.
C. standing to sue.
D. novation.
E. primary jurisdiction.
Answer:
Which of the following protects a "famous" trademark, even if the owner is unable to
prove that the public is confused by another's use of a similar mark, and provides the
owner with the infringer's profits and actual damages?
A. The Lanham Act
B. The Consumer Protection Act
C. The Trademark Trial and Appeal Board
D. The Robinson-Patman Act
E. The Federal Trademark Dilution Act
Answer:
To avoid the impact of a guilty plea or a conviction on a pending civil antitrust suit, a
criminally accused defendant is most likely to plead ______.
A. nolo contendere
B. stare decisis
C. voir dire
D. res judicata
E. obiter dicta
Answer:
An airline has a requirement that all its pilots be at least five feet three inches tall. In
this case, height is a valid requirement, and using it does not violate employment
discrimination laws. A group of aspiring pilots who fail to meet the height requirement
file a disparate impact case with the Equal Employment Opportunity Commission
against the airline. In this case, the airline is most likely to use the ______.
A. disparate treatment defense
B. assumption-of-risk defense
C. reverse discrimination defense
D. affirmative action defense
E. business necessity defense
Answer:
A deferred prosecution agreement is used to encourage
A. more derivative suits against majority shareholders who misuse company funds.
B. the reduction in the number of limited liability partnerships formed.
C. self-reporting and remediation of illegal acts before a criminal case is commenced.
D. an environment where corporations are easier to form than sole proprietorships.
E. the use of benefit organization as a corporate form.
Answer:
Jack works as a mechanic in No Limits Inc., an automobile manufacturing company.
While employed as a service technician for the defendant, Jack suffered back injuries in
March 2005 and April 2005. Though he applied for leave, he did not undergo any
medical treatment and did not provide an injury report in writing. Jack was absent
through the month of June, calling in sick each day without providing any other
information and not seeking medical treatment during this time. As Jack had exhausted
his available sick leave and vacation leave, he was terminated when he returned to work
on July 3, 2005. Can Jack sue his former employer for violating the Family and Medical
Leave Act (FMLA) by failing to reinstate him in the company?
Answer:
_____, made by a lawyer in a trial, familiarizes a jury with the essential facts that each
side expects to prove.
A. A deposition
B. An opening statement
C. Res judicata
D. A summation
E. Voir dire
Answer:
When a petition for certiorari is filed to the Supreme Court, the party initiating the
petition is the petitioner and the other party is known as the _____.
A. plaintiff
B. respondent
C. appellant
D. counterplaintiff
E. defendant
Answer:
According to the Uniform Commercial Code, which of the following statements is true
of a destination contract?
A. A seller satisfies its obligation to ship goods once they are transferred to the shipper
for transportation.
B. The risk of loss for damage to the goods remains with a seller until the goods safely
arrive at a buyer's destination.
C. If the purchased goods are damaged in transit, then a buyer is held responsible only
if the buyer has paid the full amount for the purchased goods.
D. The risk of loss for damage to the goods is transferred to a buyer when a seller
packages the goods for shipment.
E. A buyer assumes the risk of loss for damage to the goods from the point of sale till
the goods reach the destination.
Answer:
Which of the following statements is true of the doctrine of exhaustion of remedies?
A. It applies when a claim is originally filed in the courts.
B. It comes into play whenever enforcement of a claim requires the resolution of issues
that were placed within the special competence of an administrative body.
C. It is an absolute principle, and courts usually deny parties the right to litigate prior to
exhausting administrating remedies.
D. It increases the premature interruption of the administrative process.
E. It allows an agency to discover and correct its own errors, and thus it helps to
dispense with any reason for judicial review.
Answer:
Which of the following is the basic difficulty of owning a minority interest in a closely
held corporation?
A. There is no ready market for the minority stock should a shareholder desire to
dispose of it.
B. Stockholders with a minority interest have no rights in a closely held corporation.
C. Buy and sell agreements to own a minority interest are not allowed in a closely held
corporation.
D. Minority shareholders have unlimited personal liability for the obligations of a
closely held corporation.
E. Minority shareholders risk losing more than their investment amount.
Answer:
Anna files a discrimination charge against her employer, NTTB Network Inc., for
creating a hostile work environment. Anna's co-worker, Edward, gives testimony in the
discrimination case. As a result, Edward is transferred to another branch where he is
required to work in night shifts. Edward's salary remains the same, as does his job title.
In this case, Edward is most likely to have a claim for ______.
A. reverse discrimination
B. disparate impact
C. retaliation
D. race norming
E. redlining
Answer:
Which of the following statements is true of the Norris-LaGuardia Act?
A. It restricts the use of federal court injunctions in labor disputes.
B. It limits the jurisdiction of state courts in issuing injunctions.
C. It bars the issue of an injunction to enjoin illegal strikes.
D. It permits federal court injunctions against persons striking or quitting work.
E. It permits federal court injunctions against paying unemployment benefits to
participants in a labor dispute.
Answer:
Civil violation of a trademark or a patent is termed ______.
A. breach
B. infringement
C. repudiation
D. copy
E. injunction
Answer:
The creditors who file an involuntary petition to the court to begin a bankruptcy
proceeding must be owed at least ______ by the debtor.
A. $1,200
B. $1,500
C. $2,500
D. $2,300
E. $1,000
Answer:
Which of the following statements is true of rescission?
A. It results in awarding monetary damages to a nonbreaching party that is intended to
punish the breaching party of a contract.
B. It arises from unusual losses that were foreseeable.
C. If a party to a contract intentionally relinquishes a right to enforce the contract, a
rescission occurs.
D. If a party to a contract choses rescission as a remedy, that party cannot also make a
claim for damages.
E. If a party to a contract announces the other party does not have to perform as
promised, a rescission exists.
Answer:
Which of the following statements is true of the Foreign Corrupt Practices Act of 1977?
A. It prosecutes any foreign official body that bribes American officials.
B. It is designed to restrict excessive import of goods.
C. It prohibits American citizens from doing business with countries that have a high
level of corruption.
D. It is designed to stop bribery of foreign officials.
E. It governs the corrupt practices of foreign companies.
Answer:
Seth takes his laundry to Denise's Dry Cleaners. When Seth gets his clothes back, he
notices that two of his shirts, perfect when brought in, are ripped. In this scenario,
which of the following statements is true?
A. This was a mutual benefit bailment, and Denise's owed a duty of reasonable care.
B. This was a bailment for the sole benefit of the bailee, and Denise's owed a duty of
slight care.
C. This was a bailment for the sole benefit of the bailor, and Denise's owed a duty of
great care.
D. This was not a bailment.
E. This was an unintentional bailment, so Denise's does not owe a duty of care.
Answer:
Between 1890 and 1914, labor unions were weak in their ability to represent employees
as management argued that employees acting together were restraining trade illegally
under the ______.
A. Taft-Hartley Act
B. Wagner Act
C. Norris-LaGuardia Act
D. Clayton Act
E. Sherman Act
Answer:
When the owner of an old airplane engine has it restored and has an airplane built
around it, the owner of the engine now owns the entire airplane through the doctrine of
______, which refers to something "added."
A. accession
B. collateral
C. eminent domain
D. negative easement
E. easement by prescription
Answer:
A ______ refers to a public meaning that is different from its meaning as a person's
name or as a distinctive term, a public meaning that makes the name or term distinctive.
A. primary meaning
B. secondary meaning
C. trade meaning
D. principal meaning
E. supplemental meaning
Answer:
An injunction is a court order for a party to a contract to
A. do something agreed to under an original contract.
B. pay compensatory damages to the nonbreaching party of the contract.
C. pay consequential damages to the nonbreaching party of the contract.
D. release the nonbreaching party from its contractual obligations.
E. relinquish its right to enforce the contract.
Answer:
Which of the following parties could sue to stop a merger of two companies?
A. Only the chief executive officer of the two companies' biggest competitor
B. Any competitor of either of the two companies
C. Any consumer of one of the two companies
D. Any concerned third party
E. Only a shareholder of one of the two companies
Answer:
A place of employment that requires a person to be a union member before applying for
a job is said to be a(n) ______.
A. limited access shop
B. open shop
C. closed shop
D. mandatory membership shop
E. agency shop
Answer:
Most international contracts contain choice of law and forum provisions to
A. eliminate the uncertainty in determining which nation's court may hear a case if there
is a contract dispute.
B. avoid prosecution by the World Court.
C. abide by the new amendments of the Foreign Corrupt Practices Act.
D. eliminate the possibility of being inspected by the United Nations Commission on
International Trade Law.
E. reduce the possibility of a contract breach due to international trade disputes.
Answer:
What contributions does the Sarbanes-Oxley Act make in the area of corporate
governance?
Answer:
Name some of the businesses and activities that are exempt from the Sherman Act.
Answer:
Why does attorney-client privilege exist?
Answer:
What are the remedies available to parties in the event of a mistake?
Answer:
Odelia offers in writing to sell her ranch to Erik for $150,000. A week later, when Erik
is about to mail his acceptance, Odelia dies in a motor vehicle accident. Odelia's heir
informs Erik that she is no longer interested in selling the ranch. Erik decides to move
to court, stating that the offer cannot be revoked since he had already accepted the offer
and was about to mail his acceptance. Analyze the case and discuss what the court is
likely to rule.
Answer:
What are the guidelines developed by the sentencing commission for sentencing
organizations convicted of federal crimes?
Answer:
Define and differentiate between private property, public property, and common
property.
Answer:
Who is a tippee?
Answer:
Serena, who had worked for Winstrol Corp. for nearly 30 years, began undergoing
therapy after she started having suicidal thoughts. After being supervised, Serena
notified her supervisor that she would be unable to work for at least one month.
Winstrol mailed Serena a Family and Medical Leave Act packet, which she completed
and forwarded to her health care provider for certification. Winstrol denied the
plaintiff's FMLA request because the supplied medical information was insufficient to
support a serious health condition. Serena asked the hospital to provide additional
medical information to the defendant, which Winstrol received the following day. A few
days later, Winstrol notified Serena in a letter that she was terminated for her failure to
supply medical information as required by the company. Serena sued her employer for
interfering with her FMLA leave rights. Is she right?
Answer:
Briefly explain the approach used by followers of judicial restraint toward litigation.
Answer:
How is the taxation aspect of a partnership both an advantage and a disadvantage?
Answer:
Wright Corp., a footwear manufacturer, sends an offer by fax to Dilsur Retailers Inc. to
sell 100,000 pairs of shoes at $150 each and mentions that it will hold the offer open for
Dilsur for two months. Four months after receiving Wright's offer, Dilsur faxes an
acceptance. However, by this time, Wright has already entered a contract with another
retailer. Discuss the situation.
Answer:
What are the exceptions recognized by the Robinson-Patman amendment?
Answer:
Mona, a cashier, easily becomes exhausted if she stands for a long time because she
only has partial use of one of her legs. As a result, she has difficulty making it through
her shift and she requests a stool. Is she justified in making such a request?
Answer:
How can resources be acquired through confusion?
Answer:
Discuss endangerment of workers as a crime.
Answer:
What are the components of the environmental impact statement (EIS) and when are
they required?
Answer:
How is personal jurisdiction over a defendant who resides in the same state as the court
in which the suit is filed obtained?
Answer:
Discuss the laws governing file-sharing of copyrighted materials.
Answer:
