BLAW Final

uniform laws apply in all states, including those in which the laws have not been adopted

False

Minnesota enacts a statute to ban advertising in "bad taste." this statute would likely be held by a court to be a. an unconstitutional restriction of speech b. constitutional under the first amendment c. justified by the need to protect individual rights d. necessary to protect state interests

a

after notice-and-comment rule making, the US bureau of land management issues a new rule and applies it to clearcut timber company. clearcut appeals the application to a federal court. the court will most likely defer to the blm's interpretation of a. the facts and the law b. the agency's authority c. procedural requirements d. the constitution

a

boz, a clerk for cheesy burger, inc., restaurant goes out on strike with the other employees. after the strike, boz must be given his job back if there is still work at the restaurant and the strike was a. a lawful economic strike b. an "excuse" for a few days off c. an unjustified strike d. an unlawful "practice" strike

a

cecilia's day spa, llc, is a member-managed limited liability company. if the law in cecilia's state is like the law in most states, unless the members have agreed otherwise, voting rights are apportioned according to a. capital contributions b. participation in management c. the number of members d. transactions with the firm

a

delicious fruit-of-the-month company currently employs 500 full-time workers and 200 part-time seasonal workers. because business has declined, delicious plans to close a plant that employs more than 50 full-time workers. advance notice of the layoff must be sent to a. affected workers of their union representative b. all workers, even those who are not being laid off c. potential customers and suppliers d. no one

a

diego is a truck driver for entertainment supplies companies. diego does exactly what esc tells him. diego is a. an employee b. an employer c. an independent contractor d. a principal

a

driving his sport utility vehicle negligently, bart crashes into a streetlight. the streetlight falls, smashing through the roof of a house, killing chris. but for bart's negligence, chris would not have died. regarding the death, the crash is the a. cause in fact b. intervening cause c. proximate cause d. superseding cause

a

hailey and ike hold the first organizational meeting of java drive-in corporation. probably the most important function if this meeting a. adopting java's bylaws b. agreeing on java's purpose c. drafting java's articles d. obtaining a charter for java

a

heat wave, inc., makes portable heaters. to pay its liability for injuries to consumers harmed by defective heaters, heat wave can pass the costs on to a. consumers in the form of higher prices b. other manufacturers of heaters on a theory of market share liability c. suppliers in the form of "reverse kickbacks: d. the government in the form of direct payments

a

in ben v. city car dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. now a trial court in the same state is deciding daphne v. even steven auto deals, inc., a case with similar facts. under the doctrine of stare decisis, the trial court is likely to a. allow the minor to cancel the contract b. disregard the previous case c. order the minor to cancel the contract d. require the minor to fulfill the contract

a

inger is a franchisee of honey bear restaurants, llc. their contract gives honey bear the right to control virtually all aspects of inger's operation, including the hiring of employees. one of the employees, joris, commits a tort against kiley, one of inger's customers. kiley files a suit against honey bear. honey bear is most likely a. liable because honey bear exercises control over inger's operation b. liable because kiley was honey bear's customer c. not liable because inger is responsible for the employees d. not liable because kiley was inger's customer

a

kailin owns a farm near manhattan, kansas, with a farmhouse, barn, and other structures permanently attached. kailin grows soybeans on the property. a pond lies within the boundaries. land includes a. the pond, the soil, the structures b. the pond and the soil only c. the soil only d. the structures and soil only

a

kim uses, on her new recording let's go, the guitar solo from marcom's digital sound recording without his permission. this is a. copyright infringement b. fair use c. licensing d. protected expression

a

lewis is a state court judge. like other judges, lewis often refers to secondary sources of law for guidance. these sources include a. official comments to statute b. other states' statutes c. state constitutions d. the US constitution

a

mixing equipment, inc., makes paint-mixing equipment. in is injured by a defective mei mixer. a stature restricts the time within which, after nia is injured, she may file a product liability suit. this is a statute of a. limitations b. preemption c. repose d. suspension

a

oakley posts a defamatory remark about pierre in "roominate," an online social network maintained by socnet, inc., an internet service provider. most likely to be held liable for the remark is a. oakley b. pierre c. roominate d. socnet

a

odell is a director of price rite, inc. as a director, with respect to the corporation, odell is a. a fiduciary b. a forum c. a proxy d. a quorum

a

phil agrees to work for vacation resorts, inc., as a chef. in determining whether a contract has been formed, an element of prime importance is a. the parties' intent b. phil's rate of pay c. the duration of the work d. vacation resort's facilities

a

pure water company is subject to a decision by the environmental protection agency. pure water appeals the decision, arguing that it is arbitrary and capricious. this could mean that the decision a. changed the agency's prior policy without justification b. followed a consideration of all relevant factors c. was accompanied by a rational explanation d. necessary to protect state interests

a

rashad accesses quant company's computer system without authority to obtain protected financial data. under federal law, this is a. a felony if it is committed for a commercial purpose b. a felony if quant brings a civil suit against rashad c. not a crime d. a crime, but not a felony

a

refer to fact pattern 17-1A. Desi and Gwen are a. not partners, because gwen does not have an ownership interest or management rights in eSites b. not partners, because the pay includes an hourly wage c. not partners, because the pay includes only 10 percent of the profits d. partners in a partnership for two years

a

refer to fact pattern 17-2A. mace dissociates from networx. luann signs a contract with physik drives, a wholesale component supplier, apparently on networkx's behalf. physik does not know of mace's dissociation. the contract is binding on a. luann, mace, and networx b. luann only c. networx only d. physik only

a

refer to fact pattern 3-1A. resolving the dispute between organic and pleasant valley by having a neutral third party render a binding decision is one of the advantages of a. arbitration b. facilitation c. negotiation d. mediation

a

ric designs a new computer hard drive, which he names "sci phi." he also writes the operating manual to be included with each final product. ric could obtain patent protection for a. the hard drive only b. the name only c. the operating manual only d. the hard drive, the name, and the operating manual

a

sven receives an mp3 player stolen from tomas. to be criminally liable, sven must know a. the player is stolen b. tomas is the true owner c. how to operate an mp3 player d. what an mp3 player is

a

the merit systems protection board issues a rule. like other administrative agencies' "legislative rules," this rule is as a. binding as a law passed by congress b. persuasive as an expert's opinion c. suggestive as a newspaper's editorial d. unenforceable as a salesperson's puffery

a

via the internet, rocky sabotages the computer system of quik chik'n company, a food manufacturer, with the purpose of altering the levels of ingredients of the company's products so that consumers of the food become ill. rocky is a. a cyberterrorist b. a botnet c. a virus d. a worm

a

Luke owns a farm near marshalltown, iowa, with stands of trees serving as windbreaks. luke grows corn on the property. when luke sells the farm to nina, if the contract does not specify otherwise, the sale includes a. neither the crops nor the trees b. the crops and the trees c. the crops only d. the trees only

b

coco is considering forms of business organization for her concessions business- coco's cupcakes. most states require that a limited liability company have at least a. no minimum number of members b. at least one member c. at least two members d. at least three members, including at least one general partner

b

davis points a gun at eton, threatening to shoot him if he does not steal from his employer, freddy's convenience store, and give the stolen funds to davis. charged with theft, eton can successfully claim, as a defense a. nothing b. duress c. entrapment d. self-defense

b

glen, the owner of harvest farm, and ima, the tenant of the farmhouse on the property, may create a fixed-term tenancy by a. deed b. express contract c. implication d. sufferance

b

grady, an obese individual, files a lawsuit against fry fast food corporation, alleging that fffc's food is unhealthy because, as grady knows, it contains high levels of cholesterol and saturated fat. grady is most likely to a. lose, because grady assumed the risk when he bought fffc's food b. lose, because grady knows of the food's unhealthiness c. win, because fffc's food poses an unhealthy risk to grady d. win, because grady knows of the food's unhealthiness

b

in an emergency situation, milena, an emergency medical technician, renders aid to lothar, who needs help. lothar would most likely be prohibited from suing milena for negligence under a. any circumstances b. a good samaritan statute c. a social host statute d. no circumstances

b

location! realty llc is a limited liability company. like other llc's for federal jurisdictional purposes, location! realty is most likely a citizen of a. all states b. every state in which its members of citizens c. no state d. only the state in which it was formed

b

loren files a suit against mabel, alleging a failure to pay for the harvest of mabel's orchards. mabel denies loren's charge and claims that loren breached their contract to harvest a certain number of acres and owes mabel money for the breach. mabel's claim is a. a contrary charge b. a counterclaim c. counterpoint d. a cross complaint

b

panini vittles, inc., contracts with qino to deliver its sandwiches. later, the parties decide to cancel their contract. they can a. rescind their entire contract b. rescind their contract to the extent that it is executory c. rescind their contract if they make a new contract at the same time d. not rescind their contract

b

ray breaches his lease with sunny properties and vacates the premise six months before the end of the term. in some states, sunny would have to a. avoid reletting the premises to recover damages from ray b. make reasonable efforts to relet the premises to mitigate damages c. relet the premises to recover damages from ray d. sell the premises to recover damages from ray

b

to prepare for a trial between condo development corporation and demo construction company, condo's attorney places demo's president under oath. an authorized court official makes a record of the attorney's questions and the officer's answers. this is a. a cross examination b. a deposition c. e-evidence d. an interrogatory

b

bee hive honey llc's members include chad. for purposes of suing and being sued, bee hive honey is a. an aggregate of chad and other members b. a natural person in the members' "family" c. a legal entity apart from the owners d. a non-participating third party

c

clem, a delite dairy salesperson, follows edna, a salesperson for festive foods, a delite competitor, as edna visits stores to make sales. clem solicits each of edna's customers. clem is most likely liable for a. conversion b. trespass to personal property c. wrongful interference with a business relationship d. trade libel

c

consumer mortage loans provides demi with a mortgage to buy a home. under the terms, demi can choose to pay only the interest portion of the monthly payments and forgo paying the principal for five years. this is a. a fixed-rate mortgage b. an adjustable-rate mortgage c. an interest-only mortgage d. a violation of the law

c

david's family came to the US from Ukraine in 1895. eva's family came to this country from Venezuela in 1995. fiona's family came from mexico in 2005. current immigration laws are based on a. a national origin quota proportional to the 1890 census b. a racial quota system proportional to numbers updated periodically c. a system of sanctions against employers who hire illegal immigrants d. the exclusion of convicts and prostitutes

c

development associates agrees to buy five acres of land from eastside properties for $15,000. eastside fails to go through with the deal on the agreed date, when the market price of the land is $17,000. da may recover a.17,000 b. 15,000 c. 2000 d. 0

c

during a union election campaign at skyscraper construction corporation, the employer threatens the employees with a layoff. this is an unfair labor practice a. only if skyscraper delivers on the threat b. only if the employees change their views on unionization c. under all circumstances d. under no circumstances

c

elin, an agent for first credit corporation, enters into an unauthorized contract with great expectations, inc., purportedly on fc's behalf. this contract will be enforceable if it is ratified by a. any third party b. elin c. FC d. GE

c

from a location in asia, basil sends spam to US email addresses touting a variety of deceptive scams in an attempt to dupe unwitting recipients into revealing their bank account and credit card numbers. under the us safe web act, the federal trade commission can a. authorize the scamming of citizens in asia b. do nothing c. share information with foreign agencies to investigate and prosecute d. undertake secret activities to destroy asian servers

c

home healthcare services wants its employees and applicants to undergo genetic testing. home may a. discharge employees who have genetic predisposition to disease b. discriminate against applicants who have a predisposition to disease c. test its employees for a genetic predisposition to disease d. none of the choices

c

lark enters into a contract to mine limestone in milena's quarry, sell it, and share the profits on its sale with milena. if the duties under this contract are discharged like those under most contracts, the duties will be a. repudiated b. breached c. performed d. rescinded

c

noah and orin do business as personnel partners. in most states, for purposes of suing and being sued, personnel partners would be treated as a. an aggregate of the individual partners b. a natural person c. an entity d. a non-existent party

c

plato works for quirky squirters, inc. during work hours, plato "steals" his employer's computer time to start up his own business, rowdy drenchers. this is a. burglary b. robbery c. larceny d. no crime

c

refer to fact pattern 16-1A. under federal law, if 24-hour credit fails to provide certain material disclosures with respect to the loan, benny's right to rescind the loan a. expires at midnight on the day the loan is finalized b. is immediately revoked c. is extended for up to 3 years d. is tolled for the duration of the loan payments

c

reusable energy corporation regularly expresses opinions on political issues. under the first amendment, corporate political speech is a. discouraged b. forbidden c. protected d. required

c

the food and drug administration is investigating reports that caplets pharmaceutical corporation is putting potentially harmful additives in doze, a new pain-relief medication. the fad's demands for particular documents from caplets a. must be specific and adequately describe the material being sought b. must be non-specific so an incriminating item is not overlooked c. must be general so as to force an uncooperative party's compliance d. may, but not need to, be specific because the fda is a federal agency

c

the securities exchange commission is and administrative agency. the chief purpose of such agencies is to a. act as liaisons between federal and state governments b. impose uniform laws on the states c. perform specific government functions d. standardize laws for the executive and judicial branches

c

usa transport company uses a mark associated with its name to distinguish its services from those of other transport firms. the mark is a. a certification mark b. a collective mark c. a service mark d. trade dress

c

velma borrows 110,000 from watershed bank to buy a home. if she fails to make payments on the mortgage, the bank has the right to repossess and auction off the property securing the loan. this is a. short sale b. forbearance c. foreclosure d. the equitable right of redemption

c

vicky contracts with rushed for the delivery of hospice services to benefit sigmund. this is a. a delegation b. an assignment c. a third party beneficiary contract d. not an enforceable contract

c

a federal statute regulates an employment practice. to resolve a dispute concerning the practice, paula, a judge, will most likely apply a. a common law doctrine that applied before the statute was enacted b. a common law doctrine that applies to other, different practices c. paula's personal philosophy of the law d. the statute

d

carl sells direct marketing enterprises, a sole proprietorship, to eve. this is a transfer of a. a license b. a trade name c. the formula to make a product d. the ownership of a business

d

county zoning commission classifies dale's vacant land as single-family residential. this is not in accord with the general plan, which designates the area commercial. surrounding parcels are zoned commercial. under the equal protection of the fourteenth amendment, this is a. an exercise of the state's police power b. a taking c. a zoning variance d. discriminatory

d

during a union election campaign at western hydraulics company, the union can campaign on western's property in a. any areas at any time b. non-work and work areas during non-work time c. non-work areas at any time d. non-work areas during non-work time

d

in an action against elin, frank obtains a remedy. this is a. an administrative agency's enforcement of its rule b. a principle of the law derived from earlier court cases c. a statute enacted by a state legislature or congress d. the legal means to recover a right or to redress a wrong

d

jolie signs a contract with keaton, an unlicensed physician, to perform plastic surgery- a medial procedure. this contract is enforceable by a. jolie b. jolie's medical insurance company c. keaton d. no one

d

joy invites ken into her apartment. ken commits trespass to land if he a. enters the apartment with fraudulent intent b. harms the apartment in anyway c. makes disparaging remarks about joy to others d. refuses to leave when joy asks him to go

d

kelsey promises to pay jon, her son, $5000 if he obtains his degree at ivy university, where he is currently in his second year. jon graduates. kelsey is a. not required to pay, because jon was already at ivy b. not required to pay, because obtaining a degree benefits jon c. required to pay, because a job can be hard to find after college d. required to pay, because jon obtained a degree at ivy

d

main street lenders, inc., attempts to coerce nolan- who specializes in determining the value of real and personal property- into misstating the value of a property on which a loan is to be issued. this is a. a legal and ethical - but morally arguable - financial ploy b. a legal - but unethical - business practice c. a necessary tactic to generate a profitable loan in today's market d. a violation of the law

d

property financial corporation makes loans that qualify, under a federal reserve board amendment to regulation z, as higher-priced mortgage loans. quinn applies to property financial for an hpml. to make the loan, the lender must a. convince an appraiser to inflate the value of the property b. impose a prepayment penalty for the duration of the loan c. structure the loan to specifically evade the hpml protections d. verify the borrower's ability to repay the loan

d

refer to fact pattern 20-2a. thoroughbred stallions is a. a disclosed principal b. a non-existent principal c. an undisclosed principal d. an unidentified principal

d

ruth owns a home on which she has two mortgages provided by security bank. town refinance inc. tells ruth that it can refinance the loans to reduce her payments. town refinance provides all of the required documents, which accurately state the payments under the new loan as higher. ruth does not read the documents. town refinance is most likely liable for a. fraud b. misrepresentation c. negative amortization d. nothing

d

the financial institutions association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. under the constitution, congress a. administers the laws b. enforces the laws c. interprets the laws d. makes the laws

d

the process behind the production of "numb3rs," a suite of business accounting and inventory software, is protected by a. copyright law b. patent law c. trademark law d. trade secrets law

d

the us fish and wildlife service uses notice-and-comment rule making. this involves a period during which a. judges, legislators, and the president are asked about a proposed rule b. potential violators of a proposed rule are notified and publicized c. the administrator's "notice" of a problem and "comment" on it d. the public is asked to comment on a proposed rule

d

transcorp, inc. and uniship, inc., agree to a contract that includes an arbitration clause. if a dispute arises, a court having jurisdiction may a. monitor arbitration until it concludes b. order an arbitrator to rule in a particular way c. order a party to bring the dispute to court d. order a party to submit to arbitration

d

ulrica wants to initiate a suit against valley farms by filing a complaint. the complaint should include a. an explanation to refute any defense the defendant might assert b. a motion for summary judgment c. a motion to dismiss d. the facts establishing Ulrica's basis for relief

d

wild and scenic river tours, inc., is a corporation. wild and scenic has the implied power to a. issue stocks and bonds b. execute contracts and negotiable instruments c. buy and sell (or lease) property d. perform all acts reasonably appropriate and necessary to accomplish its corporate purposes

d

a closed shop is a workplace that rejects union membership as a condition of employment

false

a contract is always enforceable even if one party is aware that the other party made a mistake of fact

false

a corporation is a legal entity created and recognized by federal law

false

a court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet

false

a judge"s function is to make the law

false

a kickback for a special favor or service is not considered a bribe

false

a misdemeanor is a crime punishable only by a fine

false

a profit is the right to make limited use of another person's real property without taking anything from the property

false

a state cannot regulate the overall appearance of a community

false

a trial commences with the plaintiff's attorney's direct examination of the first witness

false

acts of a purported agent in and of themselves can create an agency by estoppel

false

after every strike, strikers have a right to return to their jobs

false

an act that causes indignity is sufficient to recover for the infliction of emotional distress

false

an agent's authority to act on behalf of a principal must be actual and apparent

false

an assignment of the interest of a limited partner dissolves a limited partnership

false

an unauthorized scan of a bank account can be an invasion of privacy

false

any employee who works more than eight hours per day must be paid overtime

false

borrowers are required to recite the terms of their loans in clear, readily understandable language so that lenders can make rational choices

false

compensatory damages are foreseeable damages that arise from a party's breach of a contract

false

damages are designed to punish a breaching party and deer others from similar conduct

false

federal courts are superior to state courts

false

federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy

false

if a contractual promise is not fulfilled, the person who made it is not subject to the sanctions of a court

false

if a judicial foreclosure, the lender is allowed to foreclose on and sell the property without judicial supervision

false

if an investigation reveals a suspected violation of an administrative rule, the agency can not issue a formal complaint against the suspected violator

false

if the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation

false

in a sole proprietorship, the proprietor shares the burden of any losses or liabilities incurred by the business enterprise with the government

false

in contract law, "consideration" refers to the courtesy that one party shows another in negotiating a deal

false

it is not identity theft to use a fabricated identity to access financial resources online

false

most contracts need to be performed to personally satisfy the party to whom performance is owed

false

most cyber crimes are "new" crimes

false

no offer may be revoked before it is accepted

false

no state has adopted the uniform commercial code in its entirety

false

only a limited partnership's limited partners have a fiduciary obligation to the other partners

false

ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability

false

pretrial mediation is never mandatory

false

statutory law does not include county ordinances

false

the federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request

false

the taxing and spending clause of the US Constitution has had a greater impact on business than any other clause in the Constitution

false

under their police powers, states can regulate only public activities, such as political demonstrations

false

when a contract party alters a written contract, the other party must adapt his or her performance accordingly

false

If a discovery request involves confidential business information, the scope of the request can be limited

true

a forum-selection clause in a contract designates which nation's law will be applied to any dispute

true

a franchise is a contractual arrangement

true

a holding company is a company whose business activity consists of holding shares in another company

true

a limited liability company formed in one state but doing business in another state is referred to in the second state as a foreign LLC

true

a public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products

true

a reference to "28 USC Section 1332" means that a statute can be found in section 1332 of title 28 of the United States Code

true

a unilateral is a promise for an act

true

an employer must verify a prospective worker's eligibility for employment in the United States and abroad

true

an employer's refusal to bargain over certain subjects demonstrates a lack of good faith

true

any crime that requires knowledge of computer technology for its investigation is a computer crime

true

assisted negotiation describes proceedings for minors and other parties who lack contractual "capacity"

true

final administrative rules have binding legal effect unless the courts later overturn them

true

forcing someone to enter into a contract through fear created by threats is duress

true

if a homeowner defaults, the lender has the right to foreclose on the mortgaged property

true

if property is owned as community property, a spouse owns an undivided one-half interest in it

true

in most states, employers who show an ability to pay claims do not need to buy workers' compensation insurance

true

international copyright protection is automatic- even in nations that have not signed international agreements relating to intellectual property rights

true

laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause

true

many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action

true

misrepresentation of a material fact can occur through conduct alone

true

normally, if employees are informed that their communications are being monitored, they cannot expect those communications to be private

true

ratification occurs when a principal accepts responsibility for an agent's unauthorized act

true

some states require franchisors to provide resale disclosures to prospective franchisees

true

the First Amendment does not protect commercial speech as extensively as noncommercial speech

true

the checks and balances in the US Constitution prevent any one branch of government from exercising too much power

true

the degree of care to be exercised in a situation can vary with a person's profession or occupation

true

the duration of a franchise is a matter to be determined between the parties

true

the establishment clause of the US Constitution prohibits the federal government from promoting a religion

true

the goal of mediation is to work out a resolution that benefits both sides

true

theft of confidential data by industrial espionage is a theft of trade secrets

true

to succeed in a strict product liability suit, an injured plaintiff must be more than a mere bystander

true

tortfeasor is the term for a person who commits a tort

true