BLAW/FINA2244 Final Exam

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per year for health and family related reasons.

Which of the following countries is not a member of the North American Free Trade Agreement:

Brazil

The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:

Equal Employment Opportunity Commission.

The government agency charged with monitoring food and drug safety is the:

Food and Drug Administration.

The part of the United States Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

Necessary and Proper Clause.

Jimmy must be at work no later than 7:00 a.m. on the days he works. Because he must hurry to get to work, he runs over a lady going across the street. She sues Jimmy and his employer for her injuries. She has:

a case against Jimmy, but no case against the employer.

Th most common way to transfer ownership interest in property is through:

a deed.

Double taxation of profits is:

a disadvantage to the corporate form of organization.

The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinite time is:

a fee simple.

For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal act:

a judge must issue a warrant based on probable cause.

Statutory law is:

a law enacted by a legislative body.

Anna transfer, to her mother Mildred, the right to use Anna's second home so long as Mildred is alive. This is known as:

a life estate.

An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a(n):

a special agent

Original jurisdiction means the power to:

accept a lawsuit, try it and pass judgment.

Substantives rules issued by administrative agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress.

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate:

age discrimination laws since, "young" is probably not over the age of 40

The complaint filed by the plaintiff must contain:

all of the other choices are included.

Chapter 11 Bankruptcy, which is filed by businesses:

allows a business to keep operating under reorganization of its activities and its debts

Cary allows Kail to access his land locked property by using a road that cuts across Cary's land. Kail paid Cary $1000 for the use of the road and can use it whenever he wants. This arrangement is generally known as:

an easement

An agency may be established by:

any of the above choices.

In a sale under the UCC, title to goods passes when the goods:

any of the other choices would be allowed.

Negotiable instruments:

are a substitute for cash.

Unlike express warranties, implied warranties:

are automatically imposed on sellers unless they specifically disclaim them.

The 1966 Supreme Court opinion relating to Miranda rights holds that a person must be advised of their rights:

before the commencement of a custodial interrogation

Under which of the following conditions would a principal or employer be liable for the tort of an agent or employee:

both a and b are correct.

A secured creditor is one who:

can take a debtor's property to try to satisfy the debt.

In Wassell v. Adams, the plaintiff was 97% responsible for the attack she suffered in a hotel room. As a result, the jury awarded hr 3% of an $850,000 verdict, or $25,500. This action reflects which of the following legal doctrines?

comparative negligence.

Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:

compensatory damages.

Rights of literary property as recognized by law are:

copyrights.

Roberta says, "Susan, I will sell you my care for $5000." Susan says, "I will give you $4,500." Roberta says, "No." Later Susan calls Roberta and says, "I have $5,000 and want the car." Roberta:

does not have to sell the car due to the counteroffer, which is a rejection of the offer.

A corporation is recognized under both federal and state law as a "person" and:

enjoys some of the same rights and privileges accorded U.S. citizens.

Cause in fact is established by:

evidence showing that a defendant's action or inaction is the actual cause of an injury that would not have occurred but for the defendant's behavior.

Under federal law, if a person wishes to file a discrimination charge they must:

file the charge within 180 days of an alleged discriminatory event.

A trust is a (an):

form of property ownership created by the common law that separates the legal and beneficial ownership of property.

Article 2 of the UCC covers the sale of:

goods.

If the U.S. Supreme Court accepts a case on appeal it:

grants a writ of certiorari.

The law of products liability is primarily concerned with:

harms suffered by buyers and other person who use defective products.

When a court, "pierces the corporate veil" it:

holds shareholders personally liable for corporate debts.

In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:

inadmissable under the exclusionary rule.

Business transactions that involve entities from two or more countries are defined as:

international business.

Bankruptcy law:

is federal statutory law, primarily the Bankruptcy Code.

When there is an undisclosed principal, the agent is:

liable to the third party for the principal's nonperformance of the contract.

Which of the following is not a necessary element of defamation:

mental distress suffered by the victim of the statements.

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendant by service of process.

You leave your poodle at a new grooming shop and tell them to wash the dog--a $30 service. They do that and also paint the poodle's nails and tie ribbons in his hair. These services are an extra $10. You pay them for the wash. What about the extra $10 in services?

no contract existed for these services; no extra payment is required.

To not violate Title VII's prohibition of discrimination based on religion, an employer may have to make changes in the way her business is organized to meet religious requirements of employees. Employers are required to incur:

no more than a reasonable accommodation to meet an employee's religious requirements.

Employees may be required to sign, as a condition of employment, an agreement that they will not leave the company and go to work for themselves or a competitor firm in a position that could inflict competitive injury on the employer. This is called:

noncompete agreements

The basic elements of a contract include:

offer, acceptance, consideration and mutual assent.

A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a:

patent.

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

Criminal law is:

primarily made up of statues passed by Congress and state legislatures.

Under some circumstances, Courts do not required consideration for a promise to be enforced. The doctrine used by the Courts to bind a promisor is called detrimental reliance or:

promissory estoppel.

A major purpose of tort law is to:

provide compensation for injured parties by wrongdoers.

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:

represents a standard of how persons in the relevant community ought to behave.

The use of precedent or the use of prior decisions as guidance in disputes that occur later is called:

stare decisis

Which of the following is not a requirement of the Drug Free Workplace Act imposed on all companies that do more than $25,000 worth of business with the federal government?

test new employees for possible drug use.

The major export-promotion agency in the United States is:

the Department of Commerce.

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies is the ability to control agency activity through:

the budgeting process.

Regulatory Takings cases must indicate that:

the destruction of property value must be almost complete for compensation to be due.

An independent contractor is distinguished by:

the extent of control the employer retains over work performance.

Contract law governs the enforceability of:

the legal relationship that consists of the rights and duties of the agreeing parties growing out of promises.

A principals ratification is:

the principals acceptance of responsibility for the agent's actions.

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis.

The UCC's purpose is:

to simplify, clarify and modernize the law governing commercial transactions.

A commercial symbol that a manufacturer prints on its goods so that they can be readily identified in the marketplace is a(an):

trademark.

A potential drawback of sole proprietorships and general partnerships are that the parties involved have:

unlimited liability.

Once established, assumption of risk:

usually bars the plaintiff from recovery, even if the defendant was negligent.

Which is not an element for an offer to be effective:

willingness to accept consideration.

The Commerce Clause of the United States Constitution gives Congress the power to regulate trade:

with foreign nations and among the states.

Credit terms must specify which of the following:

all of the other specific choices must be specified.

Negligence torts are based on the idea that:

we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others.

The Fair Debt Collection Practices Act prohibits the following by debt collectors except:

all of the other choices are prohibited.

Title VII of the Civil Rights Act protects all of the following classes from employment discrimination except:

all of the other choices are protected.

Federal Courts have the judicial power to hear cases involving:

all of the other choices can be correct.

To establish the legal requirement of intent for an intentional tort:

all of the other specific choices

Which of the following is things that must be shown by a worker in order for her to have a claim under worker's compensation:

all of the other specific choices are necessary for a claim.

The parole evidence rule prohibits the introduction of oral evidence into a lawsuit where the evidence presented is contrary to the terms of a written contract. Parole evidence may be introduced, however, when:

all of the other specific choices.

Which of the following items are banned from being imported into the U.S.

all of the specific choices are banned.

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:

all of the specific choices are possible

Suppose parties to a contract under the UCC fail to specify some term. The UCC:

has rules to fill the gap about a silent term.