Business Law Final

76. Cybersquatting describes the practice of

registering multiple domain names and then selling them back to companies at inflated prices

77. McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be:

14 years from the filing of application with the U.S patent and trade office

26. An employee must file charges of illegal discrimination with the EEOC generally when __ days of the adverse job action.

180 days (6 months)

73. Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010, Mike completes the companion book and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publishers copyright run out and expire?

2108/copy write expires 95 years after publication

12. Once the union organizers obtain authorization cards from at least ____ percent of the members of bargaining unit, an election will be schedules by the national labor relations board

30% of union must sign cards requesting union affiliation for the NLRB to schedule an election

18. The family and medical leave act (FMLA) applies to employers with a minimum of

50 full time employees/only companies with 50+ within a 75-mile radius are covered

11. Morris is a nonexempt (not exempt from overtime) employee with a salary of $400 a week based on a 40 hour week. If he should work 50 hours in a particular week his paycheck should be for

550 $10hr minus 400+ 150 if exempt they would get 400

80. Mary Beth has written a novel. Copyright protection regarding her work will be for:

70 years after her death

17. If an employee is killed on the job, OSHA is required to report the accident up to how many days but no later than:

8 hours after accident

16. The labor management relations act gives the president of the US the right to suspend strike for how many days in times of a national emergency

80 days

44. Several people have decided to go into business as an LLC. To cover all contingencies, they want to specify what constitutes an act of dissociation and outline the procedures upon dissolution. This information would be included in:

the operating agreement

46. In Florence Cement Company v. Vittraino, Florence sought to pierce Shelby's corporate veil and hold the principals personally liable, claiming Shelby mixed personal and business transactions and had engaged in fraud in a loan application. The appeals court held that:

the veil could be pierced

53. Which of the following is not true regarding venture capital firms

they are usually generally long-term investors

72. Travon has agreed to lease a home from Helena on a month

to-month basis. The lease is: -A periodic tenancy

79. The color or shape or an item if distinctive is

trade dress

64. Which of the following is used the separate and keep apart commercial, residential, and industrial properties?

zoning

40. LLP are formed with the filing of _____ with the proper public official

A Statement of qualification

33. A limited partnership requires:

A least one general and one limited partner /The RULPA requires at least one general and one limited

30. Dissolving a limited partnership requires:

A unanimous vote of the general partners and consent of any limited partner who owns a majority of the rights to receive a distribution as a general partner

6. Jack is a truck driver employee of Ace Trucking. While delivering his cargo he sees that the truck assigned to him is low on gas. Jack pulls into a convenient station and puts $50 worth of gas in which will allow him to complete his assignment and return to the depot

Ace will be required to reimburse Jack for the cost of the gas based on implied authority stemming from his express authority to drive the truck

1. In Harrington v University of Pennsylvania the court had to determine whether an attorney acted under apparent authority regarding the negotiation and signing of the settlement agreement. The court determined that

After six months of negotiation it is reasonable to believe that an attorney has apparent authority to finalize an agreement on behalf of the principal.

78. Which of the following is not an example of a trademark lost or in danger of losing protection due to its becoming a generic term

Ford

14. Which of the following is also called the Taft Harley act?

Labor Management Relations Act

13. Which of the following is a tactic when anticipating a strike from a group of employees?

Lockouts: occur when employees prohibit workers from working by shutting down the business.

56. Which of the following is one of the main criticism of superfund according to the critics?

Taxpayers fund too much of the cleanup costs

39. Voting rights of LLC principals are governed by:

The Operating Agreement

8. Agency law generally exists on the state statutory level and is based on the:

The Restatement (third) of Agency- agency law is usually based on this

29. Han wants to start personal training business, he should choose sole proprietorship if he seeks:

The ability to avoid management conflict /Has a single management decision maker?

32. A disadvantage of the sole proprietorship:

Unlimited liability of the principal/ Major concern

34. Redrock GP has decided to go out of business. The sale of the partnership assets and the making of payments to creditors will occur during the ________ phase of the closing of a partnership.

Winding up, conclusion of partnership affairs

10. The Federal Unemployment Tax Act of 1935 was enacted to provide limited assistance to

Workers who had been temporarily or permanently terminated from their employment through no fault of their own

81. The three stripes on Adidas clothing represent

a trademark

61. The resource conservation and recovery act (RCRA) regulates

active and future facilities that product solid waste and hazardous material

75. The No Electronic Theft Act primarily addressed protection regarding

copyrights

49. Mark and Riley live in Orlando and decide to open a souvenir shop. they incorporate their shop sunshine gifts Inc., in the state of Florida. In Florida, sunshine gifts would best be characterized

domestic corporation: incorporated in a state

63. How are the clean air acts tailpipe emission standard set

each state may choose between the federal and California standards

66. The authority of the government to take away private property, goof or for public use is called:

eminent domain

62. The Toxic Substance Control Act (TSCA)

gives the EPA broad jurisdiction in controlling the ricks from manufacturing processing, use, and disposal of chemical compounds

54. Which body of law governs the rules regarding the offering or trading of ownership interests in corporations

federal law

59. The Safe drinking water act (SDWA) does not apply to which of these water sources

Oceans

43. Which of the following is not a characteristic of an LLC?

Only its managing members owe fiduciary duty to other members

57. which of the following is not a class of principally responsible parties under superfund?

Previous owners

42. An LLC offers principals the same liability coverage as that of:

Principals In corporations with pass through taxation

47. Thirteen sorority sisters decide to start a dog walking business. They incorporate under the name Pro Canine Walkers, Inc. and advertise their services throughout the city in newspapers and with flyers they post. All stock is owned by the thirteen principals and none is offered to anyone outside of the thirteen. This corporation would be classified as what kind of corporation?

Privately held corporation

19. Not considered a major life activity supporting a disability claim

Proficiency in typing-> typing is not universal to all

70. Which of the following is a valid bailment?

Putting your neighbor's car in your car in your garage to shield it from a hail storm

9. Which of the following is a form of vicarious liability?

Respondent superior Makes a principal liable for negligent acts of an agent performed in a furtherance of the agency. Being liable for other's people actions is the essence of vicarious liability

38. Burt has gone to a commercial bank to negotiate a loan for the LLC in which he is a member. He tells you that he is authorized to act on behalf of and to bind the company. What is the best way for you to verify whether Burt does in fact have the authority he claims?

Check the articles of organization

7. If an agent acts in a disloyal manner and realizes a personal profit from his or her acts, the court may order a return of the funds, which is called:

Disgorgement

3. Angelina hires Brad to drive a truck to a depot 200 mile away. She specifies the route that he is to take and tells him to be sure to arrive by 5:00 pm. On the way, Brad finds himself nodding off due to hunger. He checks the time and finds that he has plenty of time to make the 5:00 pm deadline so he decides to stop at a diner that he is familiar with. The diner is ¾ of a mile off of the route that Angelina had specified. Brad does not call Angelina to ask for permission. On the way to the diner, Brad runs a light and has a collision with Billy Bob. Billy Bob sues Angelina.

Angelina is liable because Brad was on a detour, so she is liable.

36. Owns toy store sole proprietorship... can he retire, transfer business

Can sell assets to business to another party

21. Amelia and john got caught stealing something at work together, john had warning, Amelia was fired

Amelia has a claim for discrimination based on gender discrimination

67. In 2006, Martin purchased a home in a residential development, and in 2010 he sold it in fee simple to Rocco. A week after Rocco moved in, the local cable company came to his door to inform him that it would start digging up his yard to install underground cable for the neighborhood. When Rocco objected, he was told that the company had a right to do it and he should check with his lawyer. A call to the lawyer confirmed the right of the cable company to enter his land and dig. Which of the following would have given the cable company this right?

An easement by grant

5. Young has just fired Kathy who was her agent. Young places an ad in the classified section of the various local newspapers stating that, "Kathy no longer works for or represents Young in any way". Young would place this as

Apparent Authority Trying to eliminate liability stemming from apparent authority, should a third party believe she is still the agent

4. A gratuitous agent

Breaches the duty of care when grossly negligent/Are held to lower duty of care and breach that duty when acting in a grossly negligent manner

20. Diaz v Pan Am World Airways the plaintiff was denied a job because they only hire women flight attendants.

Customer pref did not make gender a bona fide qualification for the position

to do first under the superfund?

Determine whether the site should be placed on the National Priorities list

22. Hispanics too many at work, turned down for job:

Disparate treatment: denied employment solely due to membership in a protected classification

69. Chester is renting an apartment and he has a problem with rodents. the scurrying of rodents, and each morning he finds cereal boxes and other cardboard food containers gnawed. He has also noticed droppings all over the apartment, including in the children's nursery. He has complained to the landlord, who simply replies, "Hey, this is center city—everybody has a rat problem." The landlord is breaching Chester's right to

Habitability

2. The Happy Days Day Care is hiring a child care worker. On their application, they specifically ask if you've ever been arrested. Tina has applied for a job at Happy Days and answered no to the question. She has also answered no to the question asking if there is any reason that she would not be qualified to work with children. Soon after Tina is hired she severely shakes a baby to stop it from crying causing the baby injuries. It is discovered at trial that Tina has been fired from numerous day cares for baby shaking and other various offenses. If the baby's parents sue Happy Days who is liable and for what?

Happy Days is liable for negligent hiring (When hiring someone to deal with the public the employer must make a reasonable investigation as to the person's background. Simply asking the applicant is insufficient)

23. Which of the following inclusions is an employments advertisement would likely not be considered discriminatory?

High school grad required /Does not apply a certain age/sex

35. Mike lends money to Kathy as a business loan to Kathy who is capitalizing her start up sole proprietorship named Kathy's Things. If Mike must sue for repayment, he would sue?

Kathy, solely liable for debts of the proprietorship

68. Jordan owned three homes in three different states. He told Monica that she could live in his Iowa home until he decided to start using the home again in the future. Monica moved in and lived there for 13 years when Jordan called and said that he wished to start using the home and that she must move out. Monica told Jordan that the statutory period for adverse possession in Iowa is 10 years and that she was now the owner. Who owned the property?

Jordan owned the home because Monica was not in adverse or hostile possession since she was there with his consent

15. Unsafe workplace conditions are monitored and regulated under

OSHA: occupational health and safety act

37. In 1997, the IRS made LLCs:

More attractive by eliminating strict operating requirements for qualifying as a partnership for tax purposes /Now all states recognize and provide both procedural and internal default rules for LLCs

74. Which of the following is an example of a suggestive trademark?

Netflix

24. Martina and Dryson have applied for teaching positions in your school's accounting department. Martha is a recent graduate with her PhD in accounting and one published paper. She has no teaching experience except for classes taught as a teaching assistant during her PhD program. Bill also has a PhD in accounting and has been teaching for five years at a major university. He has eight published papers. Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 courses. When Martha later discovers that Bill's salary is $10,000 higher than hers she is furious and files suit under the Equal Pay Act. Will she be successful? Does she have a valid cause of action?

No Martina does not have a valid cause of action bc Dryson is being paid a different salary based on factors other than sex/He is being paid more based on his superior qualifications

28. Which of the following is not an option available to a general partnership seeking capitalization?

Selling ownership rights through the public markets (stock market)

25. EEOC (equal employment opportunity commission) was created by:

The civil rights act of 1964

31. Regarding limited partners:

They may not withdraw before the time that the partners have agreed the partnership will terminate

60. When filing a citizen suit, a private citizen or organization must

be authorized by statute and not profit from the enforcement action

50. A corporation formed to maintain a charity operations

nonprofit corporation

45. With regard to taxation, LLP are treated as

pass through entities

41. The ability to distribute earnings without incurring double level taxation is an advantage of a

pass through entity

58. In Goodrich Corp. v. Town of Middlebury there were two public landfills that were designated as Superfund sites. The principally responsible parties formed a coalition to sue several municipalities for assistance in cleanup costs. During the litigation, a special master was appointed to determine which parties contributed how much waste. When the case went to trial, the district court chose not to follow the determinations of the special master and determined themselves the liability of the municipalities. The decision was appealed. The appellate court determined that disregarding the special master's determination of liability was:

permissible for the district court because it was within its rights to determine the municipalities more liable than the special master determined.

52. The type of the corporation that generally has the highest number of shareholders is

publicly held corporation

51. The ___ are the owner's a of corporation

shareholders

65. In Fontainebleau Hotel vs Eden hotel sued the Fontainebleau hotel when Fontainebleau began erecting a 14

story addition to its premises that Eden Roc, claimed blocking air and sunlight from its pool and sunbathing areas. The court determined that: -the building could be erected if it could be shown to be useful and beneficial even if it may have been erected partly for spite to knowingly harm the plaintiff

48. In H. Carl McCall, Trustee of the New York Common Retirement Fund, et al., Derivatively on Behalf of Columbia/HCA Healthcare Corporation v. Scott, suit was brought claiming a breach of fiduciary duties by the board with regard to alleged fraudulent billing practices. The board defended by citing the corporate charter, which limits the liability of directors for breach of duty claims as long as they did not act in bad faith. The court determined that:

the boards unconsidered failure to act where due attention might have prevented the loss constituted bad faith. Therefore, the limitation of liability provision in the charter should not apply

71. In Ziva Jewelry v Cash Wash Headquarters, when a jewelry salesman left his car at a carwash, it was stolen with over $850,000 of jewelry hidden inside. When the jeweler sued the carwash, what was the result?

the carwash was not liable because it could not have expected it was taking responsibility for over $850,000 worth of jewelry when it accepted the salesman's vehicle.