BUL final exam
the Equal Employment Opportunity Commission, EEOC, as a jurisdiction to investigate charges of discrimination based on what what classes of discrimination can the EEOC investigate?
Race, color, national origin, Gender, Religion, Age, Disability, and Genetic Information
What are Bankruptcy courts?
Part of the Federal court system, NOT the State Court system. One court per jurisdiction.
How much does it generally cost to bring an infringement case to trial?
Several hundred thousand dollars to millions
T/F Blue sky laws refer to state securities laws
T
Primary exceptions to legally discharge employee or labor union
Public policy and statutory exceptions
What are some agency relationships that have contract liability of principal and agent to third parties
fully disclosed, Partially disclosed, and undisclosed
Are aiders and betters in securities fraud civilly liable?
no
Can the agent avoid liability by giving constructive notice to newspaper publication? With all persons within the agent dealt?
no
If a court finds a liquidated damage provision that basically amounts to a penalty, is it enforceable?
no
Does the bankruptcy of the agent terminate an agency relationship?
no, Bankruptcy of the principal would terminate the agency
Is the owner of a trade secret only able to seek damages through federal law?
no, state law applies too
when does misappropriation of trade secrets occur
occurs when trade secrets are obtained through unlawful means
What are some types of gender discrimination
pregnancy, sexual orientation, sexual harassment
What does the federal arbitration act promote?
promotes arbitration of contract disputes if it involves both federal and state gov. Not limited to disputes of federal law
What is OPEC
the Organization of Petroleum Exporting cotton companies and
What is the Jump-start Our Business Startups Act?
the federal act that makes it easier for companies to raise capital through initial public offerings, IPOs. Makes it easier for companies to raise capital.
What interest in bankruptcy may be assets to the bankruptcy estate?
the interest of the debtor and the espousing community property are assets of the debtors estate.
How do you terminate an agency?
the parties can agree to terminate it, unusual circumstances, impossibility of performance.
what if you have a company that only hires women sales reps because they believe people relate better to women. What federal act will they violate? -fed age descrimination -fed equal pay act -would it be a bona fide occupational qualifcation and violate nothing -title 7 1964 civil rights law
title 7 1964 civil rights law
What are some duties of the principals?
to compensate, to reimburse and to identify the agent
What are some duties of an agent to the principal?
to perform, to notify, to account
If the debtor doesn't meet median income test, they may still qualify for chapter 7 bankruptcy
True
Lily Ledbetter Pay Act of 2009 is a federal statute, provides that each disciplinary pay decision restarts a 180 day clock, in which time the plaintiff can file a claim against an employer.
True
T/F A creditor must file proof of claim stating the amount of claim against the debtor in a bankruptcy proceeding at the creditor wants to be recognized and possibly pay.
True
T/F A debtor does not have to be represented by an attorney to enter into a reaffirmation agreement.
True
T/F A debtors cannot be reached to pay a discharge
True
T/F A principal is generally liable for an agency relationship that is fully disclosed?
True
T/F A term employee can be be legally terminated for cause during the term
True
T/F A trademark may be a trademark, service mark, certification mark, or a collective membership mark
True
T/F An employee must have worked for the employer. Released one year and half or more than 1250 hours of service during the previous 12 month period
True
T/F An employer may dismiss union members to strike in violation of a no strike clause
True
T/F An employer may not form a company union
True
T/F Any person that has the capacity to contract can appoint an agent to act on his or her behalf
True
T/F Are Reporting Companies required to file periodic reports with the Securities Exchange Commission and with their shareholders
True
T/F Article One of the United States Constitution section 8 protects inventors writers etc.
True
T/F At the First Meeting of creditors, the bankruptcy judge, does not question the debtor underwrote
True
T/F Closed Shop agreements are illegal in the US
True
T/F Domestic support obligations can not remain unpaid before I discharge is granted, they must be paid before you can get a discharge in chapter 13
True
T/F Family Medical Leave Act provides a covered employer, may deny restitution of a job after the lead is completed. Certain employees under certain conditions
True
T/F Foreign persons may obtain B1 and B2 non-graded thesis for temporary visits the United States
True
T/F Homestead real property, which in Florida and Texas has no dollar limit except this provided by federal law, there are limits as to the size of the property in Florida and taxes.
True
T/F If a debtor challenges an involuntary petition, a trial is held to determine whether an order for relief should be granted.
True
T/F If an employer reasonably anticipate strikes by some of its employees, it may prevent those employees from entering the plant or premises
True
T/F If the EEOC sues the employer, the complaint that cannot sue the employer?
True
T/F If they stayed as a fair employment practices agency. The complaint it may file a claim with it instead of the EEOC.
True
T/F In an undisclosed relationship, the principal and agent are both liable.
True
T/F Independent contractors can enter into contracts for principle, authorized to do so.
True
T/F Is the federal agency responsible for enforcing most federal anti-discrimination laws, which members are appointed by the US President.
True
T/F Non-use of the mark for three consecutive years is counted as banishment of the mark
True
T/F Now self-employed individuals are required to pay Social Security contributions
True
T/F Now, a statement by an employer that I will close this plant if a union comes in here would be an unfair labor practice.
True
T/F Ocea duty standards include specific and general duty standards
True
T/F Once a discharge is granted, an individual debtor is not responsible for paying preposition debts a host petition income.
True
T/F Only tangible writings are subject to copyright registration and protection
True
T/F Planetary petition can be filed in the chapter 7 but NOT chapter 13
True
T/F Regarding immigration laws, united states federal immigration law poses civil and criminal penalties on employees who knowingly hire undocumented workers
True
T/F Regarding race and color discrimination, race and color discrimination and employment violates Title seven
True
T/F So if the majority vote of the employees vote for the union, the union become certified and it is the bargaining unit for all of the employees, even those that didn't vote for the Union.
True
T/F So if the notice that the principal fails to give the proper notice of termination to a third party. The agent still has apparent authority to bind a principal to contracts with these third party.
True
T/F Termination by operation of law or death or insanity of either the principal or agent, terminates by law the agency relationship.
True
T/F The EU's Council of Ministers is composed of representatives from each member country. And its votes on significant issues, and changes to the trading.
True
T/F The Internet has become an important vehicle or the disclosure for information about companies online trading in the public interest issue when some secure
True
T/F The Norris LaGuardia Act stipulates that it is legal for employees to organize
True
T/F The Pregnancy Discrimination Act forbids employment discrimination against female job applicant or employee because of her pregnancy, childbirth or medical condition related to pregnancy or childbirth
True
T/F The Secured debtors claims would come first. Unsecured claims for domestic support obligations of espouse, a former spouse or childhood, the debtor at top priority for payment.
True
T/F The Ursa URI AS-AD Employment Retirement Income Security Act does not require employers to establish pension plans for the employees
True
T/F The acts of discrimination can be investigated by the EEOC and it applies to most federal government agencies.
True
T/F The civil rights act of 1964, covers United States citizens employed by US control companies in foreign countries, but not foreign nationals employed in a foreign country
True
T/F The employer may restrict union solicitation by employees to the employer's free time and non-work areas. Non-employees may be prohibited from soliciting on behalf of union anywhere on company property.
True
T/F The labor management reporting disclosure Act, known as the Land and Griffin Act, regulates internal Union affairs and establishes the right of union.
True
T/F The median income tasked employs data from the debtor state?
True
T/F The number of H1B foreign guest worker visas are limited and a holders are permitted to bring their immediate family members. The United States under the H4 visa categories dependence
True
T/F The primary function of the International Monetary Fund. It's remote, sound monetary, fiscal and macroeconomic policies worldwide and to provide assistance to poor countries.
True
T/F The primary goal of the United Nations Children's Fund, unicef, is to propose humanitarian aid and assistance that children and mothers of children, primarily in developing countries.
True
T/F They're also H1B foreign guest worker visas and EB extraordinarily Air Bill, extra ordinarily get below the pieces available
True
T/F Title One of the ADA limits an employer's ability to enquire into or test for them. Applicants, disabilities
True
T/F Title seven expressly permits religious organizations to get preference in employment to individuals or their religion
True
T/F Under Chapter 7 Bankruptcy, a debtor's future income cannot be reached. Debate a discharge debt.
True
T/F Under the federal unemployment tax act. Employers, but not employees are required to pay unemployment contribution taxes
True
T/F Under the imputed knowledge doctrine, the principle is assumed to know what the agent knew, even if the agent does not tell the principal.
True
T/F Under the treaty clause of the US Constitution, only the federal government can enter into treaties with foreign nations.
True
T/F Under the work related test, the motivation or the employee is in material
True
T/F Under the worker adjustment and retraining Notification Act. The act covers plant closings and mass layoffs.
True
T/F United States has adopted the principle of qualified or restricted immunity, which provides that a foreign country can be sued in the US courts for certain commercial activities
True
T/F Voluntarily petition can only be filed in a Chapter 7/11 Bankruptcy
True
T/F Voluntary petition can be filed in a chapter 7/11/13 banquet.
True
T/F What about immigration laws? Prior to 1921, there were few restrictions on immigration
True
T/F What about the tort liability of the principal and agent? An agent could be liable for tortious conduct of the principal.
True
T/F You're offensive conduct may be sexually, racially, ethnically, ecoli, or religiously charged
True
T/F a debtor does not remain liable for damages caused by the rejection of an expired leases.
True
T/F an agent must convey a third-party offered to the principal
True
T/F an at-will employee can be terminated anytime without cause
True
T/F an employer can not require a non-exempt employee to work more than 40 hours per week, unlessthey're paid overtime pay
True
T/F an injured worker may sue a responsible third party for damages
True
T/F employers are not obligated to provide accommodations that would impose an undue hardship when they employer
True
T/F employers rules requiring that employees be bilingual to qualify for a job does not violate Title Seven. As long as there's justification for the rule
True
T/F federal anti-discrimination laws that prohibit employers from engaging in retaliation against an employee for filing a charge at discrimination
True
T/F federal patent law is exclusive there are no state patent laws
True
T/F if a name is too generic it cannot be registered as a trademark
True
T/F if the principal was obligated to give notice to certain group of people and the principal failed to give the proper notice, then the agent has apparent authority to bind a principle in contracts with those individuals.
True
T/F organizing a union, an appropriate bargaining unit can be a single company and a group within a single company.
True
T/F regarding labor laws, an employer may restrict union solicitation by employees to the employees free time and non-work areas.
True
T/F the International Court of Justice, also called the World Court, and only decide cases between nations that individuals or businesses.
True
T/F the National Labor Relations Act, known as the Wagner Act, establishes the right of employees to form and join labor organizations to bargain collectively with employers and to engage in concerted activity, promote those rights.
True
T/F the Visa Waiver Program allows citizens are nationals of designated cadre that come the United States for business or travel without IBD sufferer's days and that more than 90 days
True
T/F the World Bank has financed by contributions from developed countries and provides money to developing countries to fund projects for humanitarian purposes and do relieve poverty.
True
T/F the employer is under an obligation to make a reasonable combination to the individual disabilities. Individuals disability
True
T/F the foreign guest worker visa is a not an immigrant visa. The applicant must have a bachelor's degree or higher and a specialty occupation
True
T/F the judicial resolution of international disputes. An international contract may contain a choice of form cause, and also a choice of law clause to an international contract can contain both types of clauses.
True
T/F the owner of a mark may sue a third party for un-authorized use of the mark
True
T/F the principals are bound by the authorized contracts other independent agents
True
T/F there are exceptions to the rule that a covered employer made than I restitution of a job after the league is complete to certain employees under certain conditions
True
T/F there is a certain dollar damage on the depth of a debtor in order to qualify to file for Chapter 13
True
T/F there is a special way to calculate min wage for tipped employees
True
T/F these the waiver program regarding immigration law students from foreign countries who wish to study at colleges and university were English language programs. The United States must obtain a non immigrant F2, of which acquires an acceptance letter for sponsoring us academic institution
True
T/F you might have a debtor in possession or trustee has the authority to reject executory contract. So if you have contracts that are executory had not been fully reform, the chapter 11, the debtor in possession of the IP or the trustee can reject them.
True
T/F: The principal-agent relationship is a fiduciary relationship.
True
The plan may be modified if better circumstances and materially change
True
The top priority for payment into chapter seven would be those unsecured claims for domestic support obligations owed to espouse a former spouse or child.
True
T/F Before a Debtor can receive a discharge, they must receive post petition counsel
True Chapter 7/13
T/F A trustee is not always appointed to operate the debtors business
True, You may have the debtor regular administrative organization may have called it the debtor in possession at DIP. So a trustee is not always appointed in the chapter 11
T/F The UN Security Council is governed by the General Assembly, the Security Council, and the Secretariat
True, all three
T/F As an agent, If you learn important information, you have a duty to notify their principle that information
True, if you don't, the principle is still going to be held to have known it because information learn by an agent in the course and agency is imputed to the principle that's called imputed knowledge.
T/F the the principal has no fiduciary duty to the agent but the agent has a fiduciary duty to the principal.
True, it is one sided
T/F the principal is liable for the tortious act of their agent while the agent is on a frolic and detour their own, depends on whether the detour deviation is minor or substantial.
True, the coming and going rule applies to the principal
T/F An automatic stay occurs upon to filing a petition and in a chapter 11
True, there is an automatic stay
T/F Once appointed, the trustee does not become the legal representative of thew debtor.
True, they are appointed as the legal representative of the debtor's estate.
What is the WTO and what does it do?
World Trade Organization, Its main functions is to ensure that trade flows as smoothly, predictably and freely as possible. It can hear and decide trade disputes between or among member nations.
A debtor may qualify for a chapter 7 bankruptcy if the debtors do not have a sufficient disposal income, pay pre-petition debts at opposed petitioning clamped?
Yes
An employer breaches an employment contract. Does the employee still have a duty to find substitute comparable employment?
Yes
An implied agency can be created by the conduct of the parties?
Yes
Can a Debtor have an attorney present at the first meeting of creditors?
Yes
Can an agency be created to accomplish only a legal purpose?
Yes
Can an agent, engages in self dealing and then tells the principal,can the principal still ratify that transaction.
Yes
Can an employer may seek an injunction against unlawful picketing?
Yes
Can it be liable if a principle ratifies a purported principle of a person who misrepresents him or herself as an agent, when in fact, he or she is not.
Yes
Can subjects of copyright infringement be subject to both criminal and civil penalties?
Yes
Can the SEC take legal action against those who violate their regulations?
Yes
Did the NAFTA (North American Free Trade Agreement) get replaced by the USMCA (United States Mexico Canada Agreement)?
Yes
Does Act of 33 apply to securities that are sold online on electronic stock exchanges.
Yes
Does an agent have the authority enter a contract on the employer's behalf?
Yes
Does the Security Council does have the power and authority to used armed forces?
Yes
Does the statute of frauds require agencies to be in writing?
Yes
If there is an inferior performance breach is the non breaching party dismissed from further performance?
Yes
Is the agent and principal liable in a partially disclosed agency relationship?
Yes
So a debtor's future income CAN be reached to pay at discharge under some circumstances. and a median income test uses data from the debtors state.
Yes
Would setting an age limit for pilots violate the age discrimination act?
Yes
would tender of performance discharge a parties contractual obligation?
Yes
When can a union discipline its members? -Walking off the job and a non sanctioned strike? -Working for wages below union scale? -Spying for an employer? -Any other unauthorized activity that has an adverse economic impact on the union?
Yes Yes Yes Yes
(Yes or No)The court can reject a union contract and modify retiree benefits
Yes, They can reject a union agreement and they can modify retirees benefits.
Are dual agencies permitted if all parties agree?
Yes, an agent can represent two principals.
Can a debtor propose a plan of reorganization?
Yes, but a creditor can also add to the debtors proposal.
I wrongfully terminate my agent. That extinguishes the power at the agent that even though the termination of the agent and fired the agent, and it violates the law. Does it extinguish the power of the agency?
Yes, it does extinguish the power at the agency
Do individuals filing for bankruptcy have to get counseling?
Yes, it is required within 180 days prior to filing for Bankruptcy.
Is an employer liable for the tortious conduct of its employees. When the act is committed while the employee is acting within the scope of their employment
Yes, its true
Have any states adopted the uniform trade secrets act?
Yes, many
Does an Attorney have to certify the accuracy of the information contained in the bankruptcy petition and schedules under penalties of perjury?
Yes, they must.
What are compensatory damages in this case?
You would sue under the uniform commercial code if sale of goods. If you are a contractor for example you could sue for compensation of the profit you would have received
Who does the Age Discrimination in Employment Act protect?
ages 40 and older
What is an injunction?
An order not to do an act
T/F a copyright is granted only upon its registration with the U.S. copyright office in D.C.
False
T/F a mark must be in actual use to register it
False
T/F a patent infringement lawsuit must be brought in the state in which the defendant resides
False
How long are Bankruptcy judges appointed for?
14 year terms
How long are utility patents good for?
20 years after the invention reaches public domain
T/F an employer is under a duty to reasonably accommodate religious observances, practices, or beliefs of his employees, even if it would cause an undue hardship to the 1D employer
False
T/F employer can assign an employee to a non-contact position because I'm an actual or fear or consumer preference
False
T/F financial loss must result from a breach of a contract before the non breaching party can recover damages
False
T/F gifts, inheritances, life insurance policies, and property from divorce settlements, which are debtors entitled to receive any time after the petition is filed of assets.
False
T/F in a dissolution lawsuit the plaintiff must prove actual harm
False
T/F principals can not avoid liability for an inherently dangerous activities that they assigned to independent contractors.
False
T/F the US Constitution vest exclusive power to regulate commerce with foreign governments in the federal government
False
T/F the employer has no liability for harassment by Supervisor even vicariously, unless there's tangible employment action taken
False
T/F the occupational safety and health act established the occupational health administration to enforce the act but its only due in the places of employment
False
T/F the only thing needed to qualify for federal protection is for a mark to be distinctive
False
Regarding a Chapter 13 bankruptcy, The plan may be only up to two years
False, 3-5 years
T/F At least 51% of the employees of a bargaining unit must sign consent chords in order for the union election to be held
False, 30%
T/F A trustee must be appointed in chapter 7/11/13 bankruptcies
False, In Chapter 11 a trustee is not appointed
T/F The WTO's orders can be appealed. And both issues of law and fact and be considered
False, Issues of fact cannot be considered only issues of law
T/F Secretariat is headed by the Secretary General, was appointed by the Security Council.
False, Secretariat is not appointed by the Security Council
T/F One about the the active state doctrine would prohibit the judges of Country a deciding a case involving an act committed by Country B that took place in Country A
False, So if an act committed by Country B and Country A, the judges of country A could decide that case.
T/F Employment scales accounts for approximately two-thirds of immigrants each year
False, The percentage is very low
T/F notice must be given to the employees individually, even at the employee are represented by a union
False, They can give them notice just to the Union
T/F Under a union shop agreement, an employer may hire anyone, whether he or she belongs to a union or not, and the employee is not obligated to joining Union after becoming employed.
False, Under a union shop agreement. After hired, they would have to join the EU. Under enforceable agency shop agreement, the employer may hire anyone, whether he or she belongs to a union or not
Interest in jury up to 15 thousand?
False, amounts are way too high.
T/F A reaffirmation agreement may not be entered into after a discharge is granted.
False, before. It also may require court approval
T/F an action plans may provide for employment quotas based on a specified number or percentage of minority applicants are employees and such a plan, but not constitute reverse discrimination
False, cant have a quota system
T/F the defense trade secrets act is a federal statute that exempts premtive state trade secret laws.
False, doesnt preempt them
T/F Regarding the European Union, the majority vote of existing members just needed to emit a new member country.
False, it has to be unanimous
T/F any profits made by a statutory insider involving trades of equity securities profit within 24 months of each other need to be shown
False, it is actually 6 months
T/F When a security is exempt, it is only exempt for its first transfer
False, it is exempt for all further transfers
T/F A statutory insider must record and show ownership and trading in the company securities within 45 days after the trade occurs
False, it is much shorter than 45 days
T/F Regarding the federal Family Medical Leave Act. It guarantees paid time off from work for family and medical emergencies and other specialized
False, it is not paid
T/F individuals are only protected for lifetime in copyright
False, its lifetime plus 70 years
T/F 10% of trade secrets that are misappropriated or taken by employees and partners, and the rest are taken by outside computer hackers
False, its likely 80% that are taken by employees and departing employees
T/F Before there can be a strike, 60% of union members must vote favorite.
False, just a simple majority
T/F For workmans compensation they must sustain a work related injury which does not include stress and mental illness
False, mental illness is included
T/F most states permit a court to apply a covenant called good faith and fair dealing in most contracts
False, most states do not do that
T/F the act applies to companies with 100 or more workers
False, much fewer 50 or more
T/F the Act provides up to 12 weeks of paid leave during any 12-month period
False, not paid
T/F Title seven imposes liability on employers and individual employees
False, only on employers
T/F only purchases and sales of securities of reporting companies are covered
False, only the purchases and sale of non reporting companies are covered
T/F A principal is liable for the innocent, but not the intentional misrepresentations made by an agent within scope of the ages employment
False, principal can be liable for both intentional and innocent.
T/F a trademark is valid lifetime plus 70 of registration
False, that is copyright
T/F Student loans cannot be discharge by a debtor or his or her cosigner
False, the debtors failure to account for any asset will bar discharge of the debtor.
T/F Only the federal government can regulate the issuance and trading of securities
False, there are also state laws
T/F workmans compensation is an exclusive remedy against the employer and there are no exceptions
False, there are other situations and remedies
T/F Lets suppose as party could prove a contract related tort, the party could recover compensation for pain and suffering, emotional distress, but never punitive damages
False, there are some cases that the party can recover punitive damages
What is the current patent rule? first to invent first to file
First to file
What was the old rule?
First to invent
what is a non performed contract called
executory
Is pregnancy considered a disability under the ADA?
Not usually but it could be
What are some examples of Fair use?
Parodies or satire reproduction by a teacher or student for a small part
when is an agent normally not liable when the agent enters into a contract and acted within their authority?
when acting within the authority and they have a disclosed principal
Can the tiper be liable for the profits of the tipee?
yes
Does the court have the power to add more damages if the infringement was intentional?
yes
If you have complete or strict performance of a contract would that discharge a parties duty?
yes
Would a disclaimer of consequential damages be lawful in most scenarios?
yes
are outsiders of the company liable if they obtain non public information through breach of duty trust or incompetence?
yes
do public securities offerings need to get registered with a registration statement?
yes
is obtaining trade secrets by reverse engineering lawful?
yes
Examples of subjects of Collective Bargaining
-Regarding subject the collective bargaining wages, hours, and other terms and conditions of employment are compulsory subjects and bargain. Wages, hours and other terms and conditions of employment are compulsory. - Subjects and bargaining. Pernicious subjects that collective already maybe bargain that both the company and you agree to do so. Only if both agree to do so. -It's an illegal subject to collective bargaining with the permitting discrimination or recognizing close shops, those would be illegal subjects collected bargaining.
Who is part of the Security Council?
5 Permanent members: China France Russia UK US Germany and Japan are not permanent members
What about claims against the data for personal injuries or get caused by the debtor while he or she is using alcohol or drugs, that has the lowest priority. A Payment, is the lowest priority for a payment.
?
T/F The employer cannot be strictly liable harassment even if the harasser as a supervisor
False
For exempt property, Interest of a motor vehicle up to 20 thousand?
False
does the SEC pass judgements on the merits of an investment?
Absolutely not, they do not state what is a good or bad investment
Which of the following would be illegal strikes? Violent strikes, partial or intermittent strikes, sit-down strikes, wildcat strikes
All are illegal
What are some alternatives to the traditional full registration requirements of a public offering? -qualify as emerging growth company -use sec regulation a -you use a small company offering registration score -being a well known seasoned investor -use regulation crowdfunding
All of the above
How many Bankruptcy courts are there?
At least 94 since their are 94 jurisdictions in the US and some states have multiple.
when can a bankruptcy use the crammed down provision? To confirm a plan?
At least one class of creditors must have voted to accept the plan. If no credit or none of the creditors agree to the reorganization plan, the court can approve it.
When is refermation of a contract available?
Available to correct clerical error in the contract
What are non breaching parties obligations in this event?
Discharged from obligation on informing
T/F The race and color discrimination is not recognized Caucasian as a racial classification group
False
What are the two most common forms of dissolution?
Blurring and tarnishing
T/F . On a contractual duty of an agent engages in self dealing after disclosure the transaction to the principal. The principal cannot ratify the transaction.
False
T/F A debtor (stair) to account for any assets will not bar discharge of the debtor
False
T/F A purported principle can never be liable for the unauthorized acts of a person who misrepresents him or herself as an agent, when in fact, he or she is not.
False
T/F A union must give ten days notice the employer that union intends to strike
False
T/F Aiders and better to principal actors cannot be held criminally liable in securities fraud
False
T/F All EU countries have adopted the euro as their monetary unit.
False
T/F An employer may legally give an employee who would qualify for minimum wage and overtime pay to titled manager to avoid paying overtime
False
T/F An employer may never Bayesian employment decision on an employee's foreign accent
False
T/F There are no exemptions for minimum wage and overtime pay requirements
False
T/F Assets to the debtor that a bankruptcy court fines were the subject of a fraudulent transfer made by debtor within five years prior to the filing of the petition for bankruptcy.
False
T/F Title One of the act only covers employers that the or more employees
False
T/F Children who work as child actors and performers. Not who work in agriculture employment are exempt from the restrictions of the act
False
What are some types of Bankruptcy?
Chapter 7 liquidation, Ch13 adjustment of debts
what are the levels of performance for a contract?
Complete, substantial, and inferior
T/F Currently in effect is or an immigration quota system which establishes the number of immigrants from each foreign country who can be admitted to the United States each year
False
T/F Disparate treatment discrimination occurs when employer discriminates against an entire protected class
False
T/F Earnings from services performed by an individual debtor after the filing of a petition for a chapter 7 bankruptcy may be required to be paid as part of the completion of the bankruptcy.
False
T/F English only rule that applies to work area and non-work areas is usually
False
T/F Federal copyright law is not exclusive
False
T/F I restored employee is entitled to the accrual of seniority during a leave period
False
T/F If an agent without authority discloses confidential information to a third party, their principle has no remedy against the third party, but only against the agent.
False
T/F If there is a union, it requires employers with 50 or more employees to give employs 15 days notice or engage in and certain plant closings or layoffs
False
T/F In Italy, France, the United Kingdom, are the leading countries of original immigrants to the US
False
T/F Individual members of a union must honor a strike.
False
T/F Main fact in determining if there's an independent contractor relationship is the method of compensating the alleged independent contractor.
False
T/F Most jurisdictions told that only the agent is liable for the tortious conduct at the agent is on a dual purpose mission.
False
T/F Once a mark has been abandoned the U.S. patent office cannot cancel it until a period of 5 years has passed since the abandonment
False
T/F Once a strike begins, The employer may continue operations using management personnel, but not by hiring replacement workers.
False
T/F Unlawful discrimination would not occur if an employer treat depression unfavorably cause they are married to a person with a certain race or color
False
T/F Words that have just ordinary symbols or no meaning can be trademarked
False
T/F Regarding employee benefits provided by federal law. And consolidated omnibus budget reconciliation at cobra provides an employee of a private company after voluntary but not involuntary termination for workers employment, the opportunity continue group health insurance
False
T/F Regarding occupational safety and health, almost all private employers and state, federal, and local governments are within the scope of the act
False
T/F Regarding the Fair Labor Standards Act as it applies, a child labour, children under the age of 16 cannot work except this newspaper delivers
False
T/F The Securities Exchange Act of 33 is designed primarily to prevent fraud in the subsequent trading of securities, but it does not apply to securities that are sold online and elect on electronic stock exchange.
False
T/F The acts of discrimination can be investigated by the EEOC and it applies to employers with 50 or more employees. Does not apply to state or local government agencies. Does not apply to labor unions.
False
T/F The claims of the unsecured creditors to a debtors non-exempt property at priority over the claims of secure debtors
False
T/F The coming and going rule does not apply to the principal supplies or pays for the agents form of transportation.
False
What are the types of agencies?
Express agency, implied agency, agency by ratification
T/F all defendants have a due diligence defense
F, Issuer does not have it
T/F The disorder is covered under the act consist only of the physical impairment
False
Who would be liable in tiper tipee?
Information must be non public and material. They must also have had to know it was non public
What do exempt securities include?
Insurance and annuity contracts issued by insurance companies and stock dividends and stock splits
What does OPEC do?
It consists of oil producing exporting countries from Africa, Asia, the Middle East and South American is such quarters on the output of oil production of member nations, which accounts for more than 40% of global oil production and contain more than 70% of the proven oil reserves. And the population of opec countries is more than 450 million people. (true)
What does the USMCA do?
It creates a free trade zone by reducing trade barriers between the three countries.
Who is part of the General Assembly?
It is composed of all UN Members
what are the requirements for obtaining a patent?
It must be novel it must be useful it must be non obvious
For automatic stays, what actions would suspend?
It would not suspend alimony or child support cases, dissolution of marriage and child custody cases, criminal actions against the debtor.
Definition of a 13
It's an a judgment of debts of an individual with regular income. That's a definition of a 13
What is the Jersey Exchange Commission?
It's composed of five members. It's a federal administrative agency. Its members are appointed by the president.
In what kind of situations can you get specific performance of a contract? -land contracts -personal service contracts -contracts for the sale of personal property
Land contracts because land is unique
when would inferior performance occur?
Major breach of a contract
Under what circumstances can you rescind the contract?
Material breach of a contract Fraud duress or undue influence or mistake
What are defenses of title 7 action?
Merit, Seniority, bonafide occupational qualifications
What is an example when the agency act by the parties?
Mutual assent, Lapse of a state of time, achievement of the stated purpose and the occurrence of the stated event.
As a general statement, Must agencies be in writing to be effective?
No
Can an employee enter a contract on the employer's behalf?
No
Cree-partition Counseling may be provided by an individual that whether are a CPA.
No
Is there any 5 year period
No
Are the WTO's decisions only advisory and it cannot impose any sanctions to comply with its order?
No, It can impose sanctions to comply with its orders.
What's the legal obligation of the principle to notify third parties in order to avoid liability. Does the principal have to give notice to all persons who have knowledge of the agency, but with whom the agent has not doubt?
No, Not obligated to
Can Independent Contractors never enter into a contract?
No, That's False
Would it be a violation, but act if an employer had a policy of hiring only workers for 40 years of age and older?
No, because it protects those 40 and older
In order to have liquidated damages, do the damages have to be easy to determine?
No, but they must be reasonable
Is treament considered an entire class?
No, impact is
Would negligent conduct be a violation of section 10 b?
No, it has to be intentional
If they don't join a union after becoming employed, they have the option of paying and an agency fee to the Union?
No, it is required to pay a fee if its an enforceable agency shop agreement
Is an agent legally prohibited from competing with your principal after the ADC ends for period of 12 months?
No, not a twelve month period, depends on circumstances
Can everything be patented?
No, only certain subject matter
Does a durable power of an attorney terminate if the principal becomes incapacitated?
No, that's false.
he present United States has the power to enter into trade treaties, provided 50% of the US senators present concur?
No, two-thirds of the US Senate
What kind of criminal liability can you have for breaking securities regulations? would you have only fines?
No, you can also have jail time
Do you have to wait until work is due to sue?
No, you can sue upon being told
Can the CPA then charge a reasonable thing?
No, you cannot have your CPA do the Cree Partition counseling
What are some exemptions with the SEC securities act of 33?
Non issuer exemption offering exemption private placement exemption small offering exemptions
Which debts are discharged in bankruptcy? Claims or causing willful or malicious injury to a person or property. (Yes or No)
Not Discharge: Claims arising from fraud, larceny, OR embezzlement by the debtor while acting in a fiduciary capacity, domestic support obligations with alimony, maintenance in child support, payments resulting from divorce to create your separation agreement.
What is the Securities Act of 33?
The Securities Act of 33 is a federal statute that regulates primarily the issuance of security by companies and other businesses.
Can the Principal be found liable under either the work related tests or the motivation tests?
The principal could be liable under either one of those tests. So the principal can be liable under either one or both of those tests.
What can the non breaching party do?
They can rescind the contract and seek restitution of any compensation paid under the contract
What happens to investors who purchased unregistered securities that should have been registered?
They can resend their purchase and recover damages
What can the non breaching party do about substantial performance?
They can sue for the damages of the cost to repair the defect or repair the defect Can generally only sue for damages
What is the definition of federal securities?
They're common securities. Statutorily defined security's, and investment contracts.
what about subjects of collective bargaining? What are they?
They're compulsory, permissive, and illegal.
Better law protects what intellectual property rights?
Trade secrets, patents, and trademarks
When do most torts of contract happen?
When A convinces B not to perform their contract for C
What is anticipatory breach?
When someone tells you, Im not going to perform. It can also be implied from conduct ex. not showing up to start
when does substantial performance occur?
When there is a minor breach in the contract
What is an initial public offering?
Where he issuer must register the securities being offered to the public what the SEC, by means of a registration statement and an accompanying perspective
what is a fully performed contract called?
executed
What are the two types of discrimination
disparate treatment and disparate impact
Who can be insider traders?
employees, contracted services, and all other who owe a fiduciary duty to the company
What if an employee breaches an employment contract and doesn't show up? What could employer recover?
employer could sue and recover cost to hire employee and cost of increased salary
What about nominal damages?
most courts do not favor nominal damages
what kind of damages provision can be added where all parties agree in advance to the damages to be paid in the event of a breach? -punitive damage provision -reliance damage provision -consequential damage provision -liquidated damage provision
liquidated damage provision
The property of the estate may consist of non-exempt property the debtor at an acquired after the commencement of the case.
true
