BLaw

Credit can be denied solely on the basis of national origin.

False

Under the Americans with Disabilities Act, employees with disabilities must reasonably accommodate the needs of their employers.

False

Closed meetings of the U.S. Bureau of Land Management, a federal administrative agency, are permitted when

all of the choices.

To succeed in a suit against a potential employer for discrimination under the Americans with Disabilities Act, a job applicant must show that he or she

was not hired solely because of a disability.

Bib replaces Chloe in her job at Data Market Corporation. To succeed with an age-discrimination claim against Data Market, Chloe will have to show that

Chloe is qualified for the job.

A franchisor does not have good cause to terminate a franchise for a franchisee's failure to meet specified sales quotas.

False

Affirmative action programs are often found to be unconstitutional because they deprive members of protected classes of equal protection.

False

Anyone who wishes to do business must first create a separate business organization.

False

Half-truths—information that is true but incomplete—are not deceptive because such statements are at least half true.

False

Land includes the soil on the surface of the earth, but not the waters contained on it.

False

Under the Clayton Act, a seller can condition the sale of a product on the buyer's promise not to deal in the goods of the seller's competitors.

False

Fitness Club employs only female staff to assist its female-only members in the club. Greg, a forty-one-year-old male, applies for a staff job, but is not hired. In his suit against the club under the Civil Rights Act, the club most likely has

a bona fide occupational qualification defense.

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is

a fixed-term tenancy.

Grape Vineyards LLC, the members of which include Howie and Ilya, can hold title to property because as a limited liability company the firm is

a legal person

Ghani owns Hillside Vineyard. Ghani conveys some of the land "to Iona for her life." Ghani has given Iona

a life estate.

Ché has an easement that allows him to drive across Dale's land to get to Ché's house. With respect to Dale's land, Ché's right is

a nonpossessory interest.

Luis hires Mieko to act as his agent to buy Ngoc's Southeast Asian Café. Luis tells Mieko to reveal only that she is buying the restaurant on behalf of a third party, without telling Ngoc's seller who that third party is. Luis is

a partially disclosed principal.

Aiden hires Buck to manage Aiden's Cattle Ranch. Buck agrees to act on Aiden's behalf, subject to Aiden's control, and Aiden trusts Buck to so act. Their relationship is

a principal and an agent.

Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This is

a quitclaim deed.

Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely

a violation.

In a transfer of real property, with respect to its title, a defect exists if

an undisclosed third person has an ownership interest in the property.

The goal of securities regulation is to

prohibit deceptive and manipulative practices in the securities markets.

Direct Sales Corporation sells products to consumers over the phone, through the mail, and online. Under the Federal Trade Commission's Mail or Telephone Order Merchandise Rule, the firm may be liable for failing to

ship orders within the time promised in its ads.

The federal agency that oversees the practices of banks, mortgage lenders, and credit-card companies is

the Consumer Financial Protection Bureau

The credit department of Mega-Mart often calls Nora at work about an overdue bill over the objection of Nora's employer. This is a violation of

the Fair Debt Collection Practices Act.

Greg signs an installment contract with Home Appliance Store to finance the purchase of new kitchen appliances. This transaction is subject to

the Truth-in-Lending Act.

Nancy owns Office Tower, a commercial building situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to

the center of the earth and up to the sky

The major features of an LLP are that it limits the personal liability of the partners and

it allows the partnership to continue as a pass-through tax entity.

When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider

whether the agreement is a per se violation.

By delegating some authority to make and implement laws to an administrative agency, Congress gives up its ability to monitor a particular area.

False

The use of interviews and tests, and minimum educational requirements, to choose among a large number of applicants for job openings is prima facie employment discrimination.

False

All of the statutory and common law rules governing partnerships apply to a limited liability partnership (LLP), except those modified by the applicable LLP statute.

True

Like other limited liability companies, for federal jurisdictional purposes, Rodeo Productions LLC is most likely a citizen of

every state of which its members are citizens.

Instead of issuing securities, Artificial Intelligence Inc. pursues other sources of funds. To obtain venture capital financing, the firm will most likely

give up a share of its ownership.

Data Analytics LLC is a limited liability company. Unless the firm's articles of organization specify otherwise, it will most likely be assumed that the firm is

member-managed.

Nora works at Oil & Gas Inc. She is a sales representative who works with Oil & Gas customers. The company closely supervises its sales reps, and dictates their schedules. With respect to third parties, Nora is

. an employee and agent.

Juice Inc. offers entrepreneurs the opportunity to operate a franchise under the Juice trade name as a member of a group of dealers that engage in retail beverage sales. To prospective franchisees, Juice must disclose

. all of the choices.

Private employers are generally free to hire and fire workers at will, regardless of the employees' performance.

. True

An ad is more likely to be considered fair if its benefit to consumers or the competition outweighs any injury it might cause to the interests of consumers.

True

An individual injured by pollution may be denied injunctive relief if the injunction would impose greater hardships on the polluter and the community than the harm suffered by the plaintiff.

True

As in a partnership, a limited liability company may pay no taxes—profits can be passed through to the members, who pay personal taxes on the profits.

True

Because the government knows CO2 pollution causes climate change, plaintiffs might succeed in a suit alleging that by failing to address this cause the government is violating their constitutional rights.

True

Employers who provide health insurance to their employees must ensure that the employees' health information is not disclosed to unauthorized parties.

True

Only the U.S. Department of Justice can prosecute violations of the Sherman Act.

True

To avoid a conviction in a criminal prosecution under the securities laws, there must be at least a reasonable doubt that the defendant knew he or she was acting wrongfully.

True

To be eligible for unemployment compensation, a worker must be willing and able to work.

True

Every agreement concerned with trade, and every regulation of trade, restrains. The test of legality under the antitrust laws, according to the rule of reason, is whether the restraint

merely regulates and thereby promotes competition.

Ben takes temporary family leave from his job at Car Sales Company to care for a newborn baby. With respect to the employee's health-care coverage, during the leave, under the Family and Medical Leave Act, the employer

must continue it.

To avoid potential liability for misconduct in corporate operations, directors can refrain from reasonable supervision of work delegated to

none of the choices

An ad for Running Shoes Inc. states that its footwear is "The Winner's Choice." Because of this ad, the Federal Trade Commission is most likely to issue

none of the choices.