Reference no: EM13787083

1. The Federal Trade Commission is an example of

2. Marion owns a dress shop, where she personally makes all the dresses she sells. Marion sees a beautiful dress at a designer shop and buys it. She examines the dress carefully, so she can design a dress pattern to duplicate it. She duplicates the dress exactly, and sews the dress in several sizes to sell in her store for a lower price. Then she returns the dress to the store where she bought it for a full refund. Has Marion acted ethically?

3. Utilitarianism is a moral theory, which states

4. Which of the following statements is true?

5. An appellate court reviews what information to decide on appeal?

6. If a defendant files a motion for summary judgment in a civil case, what is the defendant saying?

7. A court can enter a judgment notwithstanding the verdict when the following has happened?

8. Monica owed Bob $500, which was more than a year overdue. Bob got drunk at a party and told everyone that Monica had owed him $500 for over a year. Can Monica recover from Bob for defamation?

9. Persons who sell abnormally dangerous products such as poisons or power tools

10. Ray and Nikki are in fifth grade together. Ray gets a new skateboard for his birthday and offers to sell Nikki his old one for $15. Nikki pays the money, and Ray gives her the old skateboard. Is this a valid contract?

11. Mary's mother agrees to give her a new car if Mary maintains an A average for her senior year of college. Mary does in fact earn an A average, but when she asks for the car, Mary's mother tells Mary that she just told Mary that to motivate her and she will not be getting a car. Mary sued her mother alleging a breach of contract. Who will win this suit?

12. Which of the following best describes how e-mail contracts are viewed under the law?

13. Articles 2 and 2(A) of the UCC cover which types of transactions?

14. Melinda is home one afternoon, when a PaverSaver truck pulls up outside her house. Several workers exit the truck and proceed to dig up her driveway. They completely remove her old driveway and pour a new concrete driveway. She observes the entire process, but says nothing to the workers. Later, Melinda's next door neighbor complains that the workers who were supposed to come and replace her driveway failed to arrive. How much will PaverSaver be able to recover in court if Melinda refuses to pay the bill they send her for the driveway?

15. In February, Bradley stole a motorcycle from John's driveway, and then sold it to a motorcycle parts dealer as a source of used motorcycle parts. In March, Jean bought the motorcycle from the parts dealer. In May, the police came to Jean and advised her that the motorcycle she bought had been stolen. According to the Uniform Commercial Code, must Jean give the motorcycle back to John?

16. Bruce and Diane are ranchers. Bruce owns the property next to Diane's property. Bruce needs more pasture for his cattle, so he rents five acres of Diane's ranch for pasture land. This arrangement continues for more than 20 years. Then Diane sells her ranch, and the new owner tells Bruce to stop using the pasture land. Bruce claims ownership of the land by adverse possession. Will his claim succeed if the case goes to court?

17. An easement can be defined as
18. Melinda owns a rental property. She deeds the property to her son Jack, by warranty deed. Ten years later she sells the property to Brenda, her neighbor, and signs a quitclaim deed to the property in favor of Brenda. Who owns the property?
19. Which is true of a limited partnership?

20. Which of the following is true when a general partnership is converted to an LLC?

21. Rita is the sole shareholder of an auto repair shop that is incorporated. She is at work one day when her sister comes in and tells her she needs $100 for schoolbooks. Rita looks in her wallet, and seeing that it contains no money, opens the cash register and takes out $100, which she hands to her sister. The sister looks worried, but Rita tells her, "Don't worry; I take money out of the cash register all the time for my personal expenses. It's my business, so I can take money out whenever I want." Her customer, who is waiting to pick up his car, tells Rita that she is risking the piercing of the corporate veil. Is the customer correct?

22. A corporation is required to maintain a separate identity because

23. The DEF Corporation is incorporated in Texas. It wishes to do business in Oklahoma. Before DEF can legally do businesses in Oklahoma, which of the following must it do?

24. A particular issue of stock carries a stated dividend rate of 8 %; that if this dividend is not paid during a particular year, it will be paid in a subsequent year before common stock dividends are paid; and that upon liquidation of the corporation, the owner will receive $300 per share before the common stockholders get anything. This stock is

25. The uniform law, issued in 1984 by the Committee on Corporate Laws of the American Bar Association, that regulates the formation, operation, and termination of corporations is

26. Which is true about the two kinds of discrimination that are actionable under Title VII?

27. Which of the following people is protected from employment discrimination on the basis of age?

28. Which of the following rejected applicants may have a valid claim for discriminatory hiring practices?

29. Under the employment at will doctrine, employment relationship can be terminated

30. Which of the following best describes the employment at will doctrine?

31. What is generally the effect when an exception to the employment at will doctrine applies?

32. The Biosafety Protocol provides as follows:

33. What federal legal protection is there with respect to trade secrets?

34. Which of the following is true about misappropriation of trade secrets?

35. Rachel and Roy are married. Phillip is a private investigator, who is following Rachel at Roy's request, to see if she is involved in another relationship. At one point, Rachel enters a "women only" gym, where Phillip cannot follow. Phillip calls his friend Sue and tells her that if she will enter the gym and observe Rachel, Roy will pay her $25 an hour for her services. Sue goes to the gym and observes Rachel for 3 hours, after which she bills Roy for $75. Must Roy pay Sue's bill?

36. Patricia owns a Mexican restaurant, famous for home-made tortillas. The tortillas are made by several women, who make the tortillas in their homes and sell them to the restaurant. Some of the women have been making tortillas for Patricia for years, while others have just started. Patricia pays for the tortillas by the dozen. What is the nature of the employment relationship between the women and Patricia?

37. When statutes are passed only after considerable study, debate, and public input, this is an example of which function of the law?

38. A corporation is considered a citizen of what state?

39. Which clause in the U.S. Constitution is most used in terms of regulating business activities?

40. Which of the following statements is true regarding the relationship of law and ethics?

41. A defendant fails to answer a civil lawsuit, what is likely to happen?

42. What facts justify a state court's exercising personal jurisdiction over an out-of-state defendant?

43. Damages intended to punish a defendant and deter the defendant and others from engaging in the same tortious conduct in the future are called

44. Carlos is an investment broker, operating as a sole proprietor. William is his employee. Juanita, a new client, gives William $1,000,000 in cash to invest for her, and William gives her a receipt. Instead of investing the money, William takes the $1,000,000 and leaves the country. Carlos learns of the transaction for the first time when Juanita appears at the office a month later to discuss the allocation of her investments, and shows him the receipt signed by William. Juanita is upset to learn that Carlos does not have her money, and tells him she is going to sue. What will be the outcome of Juanita's suit against Carlos?

45. Denise, a small-town doctor, is sued for medical malpractice because she did not correctly diagnose a rare tropical disease, from which her patient died. The standard of care that will be applied by the court is:

46. George says to Judy, "If you promise to train my employees within 6 months, I promise to pay you $3,000." Judy replies, "OK, you've got a deal." Judy appears at George's office and successfully trains the employees, but the training is not completed until 6 months and 2 days later. Will Judy be able to enforce George's promise to pay her the $3,000?

47. Pete and Vicky make the following agreement. Pete promises he will go into a store and buy something for $5 and pay for it with a $100 bill on which he has written "Happy Birthday Vicky!" Vicky promises that after Pete collects his change and leaves the store, she will go into the same store and buy something that costs $5 and pay with a $10 bill. When the clerk attempts to give her change for $10, Vicky will claim that the $100 bill that is in the cash register was money she just got for her birthday, and will demand change from a $100 bill. Then Pete and Vicky will split the extra money they think Vicky will receive in change. Is this a valid contract?

48. Ted's Gifts and Sweets enters into a written contract with Bannon Candies to supply Ted's with 60 dozen boxes of coconut clusters each month for sale to the public. The agreement contained an integration clause. Before the first delivery under the contract, Ted and his warehouse manager called Debbie, the Bannon's account representative, to request that the candies be delivered in special Valentine boxes. Debbie told Ted, "Don't worry, I'll tell the shipping department to take care of that." When the candies were delivered, they were in standard cardboard boxes. Ted called Bannon and threatened to sue for breach of contract. Will Ted prevail in his suit?

49. A retailer ordered some inventory by phone from a manufacturer. The order was for 1,000 machines from the manufacturer's inventory at $300 each. The manufacturer sent the retailer a fax a few moments later detailing the order. The retailer looked at the fax and was satisfied that it stated the terms of the contract, but never responded in any way. When the goods were delivered on time a month later, the retailer refused to accept them, asserting that the contract was unenforceable.

50. Patty went to a used car lot and purchased a car. Two weeks later, the transmission fell out as she was driving to work. She contacted the dealer to complain, but the dealer told her the car had been sold "As Is". The dealer advised her to check in the glove compartment of the car, where Patty found a notice that stated, "This vehicle is sold AS IS. The purchaser will bear the expense of any repairs that are necessary to this vehicle." Does the notice mean that Patty has no rights against the dealer with respect to the condition of the vehicle?

51. Mary and George are a husband and wife who reside in a community property state. For 30 years, George has been the sole provider while Mary cared for the children and home. George dies, leaving a will that leaves his estate to their three children, now adults. How is the ownership of the house affected?

52. Ricardo and Robert operate a hardware store as general partners. Robert is unmarried, while Ricardo is married to Jenna. Ricardo is killed in an accident and his will leaves all his property to Jenna. What happens to Ricardo's interest in the partnership?

53. John and Jake are partners in a bowling alley. Business has been bad lately, and they need more operating capital, so they invite Lisa to become a partner. What liability does Lisa have for partnership debts?

54. If a creditor is owed money by an insolvent corporation, its best bet to collect is to try to

55. If a corporation is properly incorporated in one state and wants to do business in second state, the corporation

56. What is the primary purpose of the Occupational Safety and Health Act?

57. Which of the following best describes the status of the employment at will doctrine in the United States today?

58. Company employee handbooks have been found to amount to a(n) ______________ exception to the employment at will doctrine.

59. In general, trademark protection is granted based on whether the trademark is

60. The primary factor that determines whether someone is an independent contractor or an employee is

61. Barry owns a small software development firm. Barry has an employee who needs special accommodations in order to be able to perform the functions of his job. These accommodations would cost $10,000; an amount Barry believes is more than he should have to spend. The Americans with Disabilities Act provides that an employer is required to make "reasonable accommodations" for an employee with a disability, but does not define what constitutes a "reasonable accommodation." Assume that size of the employer (by some measure) determines the maximum amount that would be considered reasonable for a particular employer to spend. Under the principles of stare decisis, which of the following is true?

62. Which of the following is correct with regard to the relationship between law and ethics?

63. Harry Hoosier, an Indiana resident, drives his family to Florida for spring vacation. When he is at a red light, Freddie Floridian, a Florida resident, is unable to stop in time and his vehicle impacts Harry's car from the rear. No one is hurt and Harry's vehicle suffers approximately $10,000 in damages. Which is correct?

64. Where a contract calls for action that violates a statute, in a breach of contract case the court will

65. Jane and Bill are married. They purchase a house and lot as tenants by the entirety. Then Jane is killed in a car accident. Her will leaves everything to her sister, Ruth. What will happen to Jane's interest in the property?

66. The alter ego doctrine provides as follows:

67. Rover Corporation is a regular corporation that has not elected S corporation status. In 1992, Rover earned $100,000; in 1993, Rover distributes $50,000 to its shareholders. Which of the following best describes the tax consequences to rover and its shareholders?

68. Brian visits an office supply store after reading an advertisement, which shows a computer for sale at an incredibly low price. He asks to see the advertised computer. The sales person tells him that, although the ad just came out, the store has already run out of that particular computer. The salesman gets a different computer, and tries to interest Brian in this computer. The salesman is guilty of the following deceptive trade practice:

69. The law gives the consumer what protection from aggressive tactics of door-to-door salespersons?

70. The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the parties is called

71. The legal authority of a court to make orders that are binding upon the parties is called

72. Which of the following is true of a limited liability company?

73. Fred wants to start an adult daycare business, but is worried about potential liability. He hires an attorney to incorporate his business, but does not want to keep paying the attorney, so he dismisses the attorney as soon as the incorporation is accomplished. What else must Fred do to make sure he holds on to his protection from personal liability?

74. In the Northeast Ethanol, LLC case, the court pierced the corporate veil after making a determination that

75. What types of business can be converted to an LLC

76. Marie works as a receptionist for a plumbing company. She works from 9:00 a.m. to 6:00 p.m. on Monday through Friday. She earns $12 per hour, and is told how to do her job and what she should be working on at any particular time. Her boss does not withhold any taxes from her paycheck. Which of the following is true?

77. Which of the following employers have been expressly excluded from Title VII?

78. Which of the following is a correct statement of the requirements for a bona fide occupational qualification?

79. William owns his own business, performing document delivery for various clients. He is driving in his delivery van, taking some important documents to the courthouse for an attorney's office, when he makes a wrong turn and causes an accident, damaging Ruth's car. May Ruth recover a judgment against the attorney's office?

80. Peter has a bus company, and hires drivers to drive his buses. He does not take any taxes out of their paychecks. The bus drivers have to drive the buses according to a particular schedule, and must follow a certain route, and follow the driving rules that are listed in the Driver's Manual that Peter has provided. What is the employment status of the drivers?

81. Barbara owns a dairy farm. One of her pastures needs cutting, so she hires Jed to do the work for $150. While oiling his riding mower, Jed hurts his arm, so he hires Bill to cut the pasture for $130. Bill takes his own mowing machine to Barbara's pasture. During the mowing, Bill damages the fence, and some of the dairy cattle are later able to pass directly to a neighbor's corn field, where they eat some of the corn, and trample the crop, causing the crop to be almost a total loss. Who is responsible for the damages caused by the cattle?