*Business 117 - Exam 1 Questions & Answers*

E#1 Cease and desist order

E#1 $tingy Inc., a newly established financial company, is found by the Federal Reserve Board (FRB) to have engaged in transactions that are prohibited by the United States government. Along with imposing a hefty fine, the FRB demands that $tingy stop the nature of such objectionable transactions and refrain from indulging in such transactions in the future. This order is an example of a(n) ________. assignment order consent order cease and desist order commission order preliminary order

E#1 district attorney

E#1 A _____________ is the chief prosecutor representing a U.S. state in a local government area (i.e., typically a county) and the representative of the state's chief legal officer. state attorney general public defender Assistant U.S. Attorney (AUSA) district attorney None of these answer choices.

E#1 violated his duties to the seller.

E#1 A seller lists a home with a broker at $990,000, and asks the broker for a quick sale. When the listing broker's agent shows the home to a prospective buyer, the agent tells the prospective buyer that the seller is financially insolvent and will take $935,000. The prospective buyer offers $935,000 and the seller accepts. The broker: did not violate his duties to the seller because the seller ratified the agent's actions by accepting the offer. did not violate his duties to the seller because he fulfilled the purpose of the agency. was unethical, but did not violate his duties to the seller, because he did not receive a secret profit. violated his duties to the seller. None of these answer choices.

E#1 All three of good hiring practices and setting forth clear expectations and mentoring/coaching.

E#1 According to the presentation we reviewed entitled "The Anatomy of an Employment Lawsuit and the Tools for Prevention," which of the following is recommended to California employers to avoid an employment lawsuit? Good hiring practices. Setting forth clear expectations of your employees. Mentoring/coaching. Good hiring practices AND setting forth clear expectations, but NOT mentoring/coaching. All three of: good hiring practices - setting forth clear expectations and mentoring/coaching.

E#1 quasi-strict scrutiny approach

E#1 After a military institute in Southeastern State launched a separate program for women, the senior members of the program held that women would not be provided with the same type of rigorous military training, facilities, courses, faculty, financial opportunities, and alumni connections that were provided to male cadets. The women cadets of the program filed a suit in order to get justice. Which of the following approaches is most likely to be adopted in this case? minimum rationality approach indeterminate scrutiny approach strict scrutiny approach quasi-strict scrutiny approach rational basis approach

E#1 business necessity defense

E#1 An airline has a requirement that all its pilots be at least five feet three inches tall. In this case, height is a valid requirement, and using it does not violate employment discrimination laws. A group of aspiring pilots who fail to meet the height requirement file a disparate impact case with the Equal Employment Opportunity Commission against the airline. In this case, as highlighted during our Zoom session regarding disparate impact cases specifically, the airline is most likely to use the ________. assumption-of-risk defense affirmative action defense reverse discrimination defense business necessity defense disparate treatment defense

E#1 a request for production of documents

E#1 Avenger Corp. files a complaint against Glamour Corp., and the parties are in the discovery phase of litigation. A major issue in the dispute is the wording of the original sales contract between the two corporations. In this case, to get Glamour Corp. to present the original sales contract, Avenger Corp. is most likely to serve ________. a request for production of documents interrogatories a request for an admission a notice of depositions a subpoena duces tecum

E#1 the supremacy clause

E#1 California imposes new regulations on the production of orange juice, which decrease the standards for production below the current federal health and safety standards. It is alleged that this law is inconsistent with the regulations of the federal Food and Drug Administration. The Supreme Court held that the state law violated the federal food and drug regulations and declared the law unconstitutional. In this case, which of the following supports the Court's decision? the supremacy clause the establishment clause the free exercise clause the equal protection clause the exculpatory clause

E#1 aiding and abetting

E#1 Dawn, a manager at a casino, assists a small group of criminals rob the casino by drawing a floor plan of the casino. Dawn did not take part in the actual robbery. Dawn could be most likely found guilty of ________. counterfeiting aiding and abetting money laundering forgery bankruptcy fraud

E#1 Dominique is not entitled to the leave because his father-in-law does not qualify as an immediate family member.

E#1 Dominique works as a manager at Chewy's, a restaurant in Southwestern State, with 60 other employees. She has been working there full time for 22 months. One day her spouse calls with some bad news. Dominique's father-in-law has been severely injured in a car accident while returning from work. Dominique asks her employer for leave under the Family Medical Leave Act (FMLA). In this scenario, which of the following statements is true? Dominique is entitled to take leave to care for his father-in-law. Granting the leave is entirely at the discretion of the employer, who can deny the leave request if it would disrupt business. Dominique is not entitled to the leave because his father-in-law does not qualify as an immediate family member. Dominique is not entitled to the leave because the provisions of the FMLA Act apply only to females. Dominique is not entitled to the leave because the number of hours he has worked during the preceding 12 months is less than what is required by the act.

E#1 property law

E#1 Evan has written a book, Farewell, and was talking to some interested parties in Hollywood about making a movie script based on it. However, Evan turned down an offer due to conflicting opinions of who should play the lead roles. A year later, Farewell was made into a film that did not acknowledge the author. This scenario best reflects a violation of ________. property law administrative law tort law common law contract law

E#1 13

E#1 How many Courts of Appeal have been created by Congress in the United States under its constitutional authorization? 13 9 50 10 11

E#1 can recover from either the agent or the principal.

E#1 In a transaction where there is an undisclosed principal, a third party____ can only recover from the principal. can only recover from the agent. cannot recover at all. can recover from either the agent or the principal.

E#1 probable cause

E#1 In grand jury proceedings, the burden of proof for the prosecutor is: beyond a reasonable doubt probable cause preponderance of the evidence reasonable cause clear and convincing evidence

E#1 EEOC : DFEH

E#1 In the context of U.S. Federal and California employment laws, which of the following pairs is most analogous to IRS : EDD? EEOC : DFEH EPLI : AB-5 COBRA : EPLI FLSA : ABC Test None of these answer choices.

E#1 Isela can defend her case by showing that being female is a bona fide occupational qualification for the job.

E#1 Isela opens a women's-only health spa and hires 17 employees, three of whom are men who do overnight maintenance work when the spa is closed. Isela places an online advertisement for another position at the spa -- a female locker room attendant -- and Steven applies for the job. Isela rejects Steven's application on the basis of gender. Steven files a discrimination charge against Isela with the Equal Employment Opportunity Commission. Which of the following statements is true in this scenario? - Isela has not violated the Equal Employment Opportunity Act, but she still has to pay compensatory damages to Steven for misrepresentation. - Steven is entitled to compensatory damages but not punitive damages if he can show that he is capable of doing locker room attendant functions. - Men are underrepresented at the spa, and affirmative action requires that Isela hire Steven. - Isela can use the disparate impact defense to win the suit. - Isela can defend her case by showing that being female is a bona fide occupational qualification for the job.

E#1 contributory negligence

E#1 Jon injures his right ankle while playing co-ed softball and is taken to a hospital. Alexis, a doctor, applies a cast to Jack's injured ankle and warns Jon not to exert pressure on his injured leg until the cast is removed. Unfortunately, Jon ignores Alexis's advice and injures his leg again when playing basketball while still having the cast. Jon files suit against Alexis claiming that Alexis did not set the cast properly. Which of the following defenses is Alexis most likely to use in this scenario? contributory negligence consent retaliation private necessity waiver

E#1 No, because the judicial power extends only to cases and controversies.

E#1 May the courts decide a legal issue without litigants? Yes, because congress needs to know if their statues are constitutional. Yes, because the judicial power includes advisory opinions. No, because the judicial power extends only to cases and controversies. No, because congressional power is paramount.

E#1 fraud

E#1 Mo is getting ready to sell a used car to Larry. Mo knows that the used car has a damaged axle, but does not reveal this information to Larry. One week after the sale, the car breaks down and Larry has to replace the entire axle, which costs him $1,950. In this case, Larry can sue Mo for the tort of ________. conversion negligence trade disparagement fraud larceny

E#1 security with regard to property

E#1 One important advantage of stare decisis was ________. the elimination of alternative dispute resolution methods increased emphasis on dicta than on holding rejection of precedent limited volume of cases security with regard to property

E#1 Injurious falsehood

E#1 Pablo, the CEO of Titan Corp., claims that Titan's competitor, MBM Inc., simply produces a modified version of Titan's product. In a conference call with investors, Pablo also publicly states that MBM's products are poor quality. If the claims made by Pablo are untrue, but MBM's sales nevertheless drop the following quarter because of Pablo's comments, MBM can sue Pablo for the tort of ________. trade conversion malicious intent defamation commercial libel

E#1 Pat and Delilah must live in different states.

E#1 Pat crashes his car into Delilah's house. Delilah is gravely injured and suffers $97,000 worth of medical and property damages. She believes that the accident was Pat's fault and files a lawsuit at a state trial court. What would have to be different in order for Delilah to be able to sue Pat in a federal court? Pat and Delilah must live in different states. The amount of damages incurred by Sheila must be less than $75,000. Pat must have acted willfully and wantonly. Delilah must seek a remedy beyond compensatory damages for her injuries. Delilah must select the appropriate venue.

E#1 Sal is liable for invasion of privacy.

E#1 Sal, a doctor, reveals sensitive medical information to a local newspaper reporter about his patient Vicky. As a result, Vicky is subject to a hostile work environment and other discrimination at work. Vicky decides to sue Sal. Which of the following statements is true in this case? Sal has violated HIPPA law and can be investigated by the EEOC. Sal has defamed Vicky and will have to pay damages. Sal has engaged in quid pro quo as well as committing a tort. Sal has violated HIPPA law and intentionally interfered with Vicky's quid pro quo. Sal is liable for invasion of privacy.

E#1 motion for a judgment on the pleadings

E#1 Tarantino files a complaint against Beatrice for negligence. After Tarantino receives an answer from Beatrice in response to the summons, Tarantino believes that he can win based solely on his original complaint and Beatrcie's answer. In this case, Tarantino is most likely to file a ________. motion in limine motion for a judgment on the pleadings motion to dismiss for failure to state a cause of action motion for a directed verdict motion for a summary judgment

E#1 assault

E#1 Teresa, the manager at Vibe Corp., warns Nate that he would lose his job if he did not improve his productivity. Later that evening, Nate sends Teresa an e-mail from an anonymous address in anger, threatening to harm her. The next day, Nate realizes his mistake and apologizes to Teresa. In this case, Teresa can sue Nate for ________. assault wanton negligence hostile work environment battery fraud

E#1 40 and older

E#1 The Age Discrimination in Employment Act (ADEA) prohibits employment discrimination against employees ages ________. 50 and older 20 and older 30 and older 60 and older 40 and older

E#1 15 or more employees

E#1 The Americans with Disabilities Act (ADA) prohibits discrimination against the qualified disabled by employers of ________. 3 or more employees 5 or more employees 15 or more employees 7 or more employees 10 or more employees

E#1 government to take specific resources away from private owners for public use upon the payment of just compensation.

E#1 The Fifth Amendment to the Constitution allows courts to decide whether the possession of a gun by an individual is valid or unnecessary. government to take specific resources away from private owners for public use upon the payment of just compensation. federal government to impact contractual relationships between companies. federal government to regulate business activity under foreign and interstate commerce. courts to decide if a state law is invalid or unconstitutional because it conflicts with a federal law or a policy of a federal institution.

E#1 District

E#1 The ____ court is the lowest court in the U.S. federal court system. Supreme District Superior Appellate None of these answer choices.

E#1 asserting the rights of the general public or of a group of which he or she is not a member

E#1 The element of standing to sue that requires a plaintiff to allege a personal stake in the resolution of a controversy prevents the plaintiff from ________. using peremptory challenges during jury selection using voir dire during jury selection asserting the rights of the general public or of a group of which he or she is not a member taking advantage of discovery procedures in the determination of the controversy in the presence of third-party defendants petitioning for a writ of certiorari

E#1 malpractice

E#1 The negligence of professionals is called ________. intentional tort malpractice The negligence of professionals is called malpractice. In negligence cases involving professionals, the negligence standard applied is that of the reasonable professional. strict liability trespass fraud

E#1 Martinez has committed battery against Zimmer because his intention to punch Posada is transferred to Zimmer.

E#1 Two rival baseball teams, R and Y, are in the middle of heated playoff game. As tensions rise, a batter on Team Y is intentionally hit. Both teams clear their respective dugout benches and race to the mound. Martinez, a pitcher on team R, spots Posada, a catcher on Team Y. Martinez lunges towards Posada intending to punch Posada in the face and then push him to the ground. Posada, however, unexpectedly ducks at the last split second, causing Martinez to strike Zimmer, an elderly Team Y bench coach who was standing behind Posada. Assuming there is no consent or assumption of the risk by any player or coach, which of the following statements is correct? Martinez has committed battery against Zimmer because his intention to punch Posada is transferred to Zimmer. Martinez has not committed battery against Zimmer because he did not intend to harm him. Martinez has committed battery against Zimmer because he intended to throw the punch, which hit Zimmer. Martinez has not committed battery against Zimmer because the contact Martinez intended to make with Posada was a risk Posada assumed by playing baseball.

E#1 it arises from a seniority system.

E#1 Under the Equal Pay Act, discrimination in pay is allowed if__________________ it arises from a system based on gender. it arises from a system based on sexual orientation. it is confidential. the work performed by employees is equal but not identical. it arises from a seniority system.

E#1 sexual orientation

E#1 Until the U.S. Supreme Court's decision in Bostock v. Clayton County, 590 U. S. ___ (2020), Title VII of the Civil Rights Act did not prohibit discrimination against employees based on their ________. sex race sexual orientation national origin religion

E#1 Judges must apply the law set out in relevant decisions of higher courts and sometimes courts of equal standing.

E#1 What does the doctrine of precedent mean? Judges are bound by statute. Judges must apply the law set out in relevant decisions of lower courts and sometimes higher courts. Judges must apply the law set out in relevant decisions of higher courts and sometimes courts of equal standing. Judges may apply the law set out in relevant decisions of higher courts and sometimes courts of equal standing. None of these answer choices.

E#1 None of these answer choices

E#1 What is the role of jurors in U.S. courts and what is a plaintiff's standard burden of proof in a civil case? -Jurors determine the rules of law relevant to a case: Beyond a Reasonable Doubt -Jurors apply constitutional limitations and guarantees: Clear and Convincing Evidence -Jurors apply the law to the facts of a case: Clear and Convincing Evidence -Jurors determine the facts from conflicting evidence: Probable Cause -None of these answer choices

E#1 the injury to be legally caused by a defendant's negligence.

E#1 Where a plaintiff sues for negligence, one of the applications of proximate cause doctrine is that it requires: the plaintiff to prove a defendant's contributory negligence. the injury to be legally caused by a defendant's negligence. the plaintiff and a defendant to agree to an arbitration. the injury to be caused by a defendant's comparative fault. a defendant to prove that he or she assumed the risk voluntarily.

E#1 "New York State's Reapportionment Plan Ruled Unconstitutional"

E#1 Which headline illustrates the use of judicial review? "The Fourth Circuit remands to Federal District Court" "New York State's Reapportionment Plan Ruled Unconstitutional" "President Signs SALT Agreement with Russia" "Congress Passes a Civil Rights Bill" None of these answer choices

E#1 The fact that business corporations are frequently incorporated in one state and have their principal place of business in another state

E#1 Which of the following causes problems in determining when diversity of citizenship exists in cases involving business corporations? The fact that business corporations usually settle their cases with a small-claims court The fact that business corporations only fall under the jurisdiction of a small-claims court that considers businesses as persons The fact that business corporations are allowed to forego their right to be classified as a person The fact that business corporations are frequently incorporated in one state and have their principal place of business in another state The fact that business corporations always deal with amounts that are higher than the jurisdictional amount

E#1 the worker's compensation is no less than two times the state minimum wage.

E#1 Which of the following is NOT an element that a hiring business in California bears the burden of proving to support its independent contractor classification under the ABC Test: the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. the worker's compensation is no less than two times the state minimum wage. the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. the worker performs work that is outside the usual course of the hiring entity's business.

E#1 Owns a Tesla

E#1 Which of the following is NOT an interesting fact about Professor Wrathall: One year of travel around the world Underway on a submarine during 9/11 Owns a Tesla

E#1 All of the above.

E#1 Which of the following is recommended to California employers to avoid misclassifying an independent contractor (IC)? Audit the employer's workforce. Employ arbitration agreements with class action waivers. Stop utilizing ICs for essential business operations. Consult with counsel to determine if any workers may be properly classified as ICs. All of the above.

E#1 It bars subsequent civil actions involving the same parties, claims, demands or causes of action in civil law cases.

E#1 Which of the following is true of the doctrine of res judicata? It prevents a person from being tried twice even if the same crime violates both federal and state laws. It states that a federal and state governmental prosecutor cannot cooperate for one conviction. It bars subsequent civil actions involving the same parties, claims, demands or causes of action in civil law cases. It bars a person from being tried twice for the same offense under criminal and civil law. It states that if the factual evidence is the same, an individual can be tried twice under different sections of law.

E#1 case law

E#1 Which of the following ranks the lowest among sources of law? state administrative regulation case law local ordinance federal administration regulation statute

E#1 The commerce clause prohibits a state from placing any burden on interstate commerce.

E#1 Which of the following statements about the role of the commerce clause in regulating business activity is NOT true? One purpose of the commerce clause is to prevent one state from isolating itself economically from other states. The commerce clause is seen as prohibiting discrimination against interstate commerce. The test for whether a state regulation violates the commerce clause is whether that regulation puts an undue burden on interstate commerce. The commerce clause prohibits a state from placing any burden on interstate commerce. If a state regulation is preempted by federal law, it is automatically unconstitutional under the commerce clause.

E#1 In a criminal trial, the prosecution must prove the defendant is guilty beyond a reasonable doubt.

E#1 Which of the following statements is correct? All criminal trials are held before a judge and jury. All criminal trials are held in the Magistrate's Court. In a criminal trial, a defendant must prove he is innocent. In a criminal trial, the prosecution must prove the defendant is guilty beyond a reasonable doubt. At least two of these answer choices.

E#1 If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional.

E#1 Which of the following statements is true of preemption? When the federal government preempts laws in an area, state laws are given preference over the federal law in that area. Preemption grants the federal government the power to regulate foreign commerce. Preemption does not apply to federal statutes and rules of federal administrative agencies. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional. The concept of preemption arises from the contract clause of the Constitution.

E#1 It does not prevent private corporations from acting in an arbitrary manner.

E#1 Which of the following statements is true of the due process clause? It prevents individuals from acting in an unreasonable manner. It describes the principle of sovereignty of government organizations. It is stated in the Second Amendment of the U.S. Constitution. It does not prevent private corporations from acting in an arbitrary manner. It allows the government to condemn and take specific private resources for money under the power called eminent domain.

E#1 None of the above

E#1 Which of the following would take place in an appellate court? Direct examination of witnesses Voir Dire Jury instructions More than one answer choice above None of the above

E#1 The court is likely to impose strict liability on Will.

E#1 Will invites Kate, his colleague, to his house. Will legally owns several large scorpions as pets. While Kate is visiting, one scorpion escapes its terrarium and strikes Kate. In this case, which of the following statements is most likely to be true? The court is likely to impose strict liability on Will. Will can use the assumption of risk defense to prove that he is not guilty. Kate can only sue Will if the incident occurred outside Will's house. Kate cannot sue Will as she assumed the risk voluntarily. The court is likely to impose contributory negligence on Kate.