UHD BA 3301 Final Review
A legal defense renders a contract unenforceable, even though it has the necessary elements of a valid contract.
a void contract.
One who commits a tort is called the torteffector. tortmaster. tortfeasor. tortdoer.
tortfeasor.
The color or shape of an item used in business, if distinctive, is
trade dress.
The Americans with Disabilities Act defines a disability as being a physical impairment and does not include or protect employees regarding mental impairments. T/F
False
The Equal Pay Act was written to prohibit racial discrimination in pay.
False
The Equal Pay Act was written to prohibit racial discrimination in pay. T/F
False
The Supreme Court has held that agencies have very narrow discretion regarding when and whom to regulate. T/F
False
Morris is a nonexempt employee with a salary of $400 a week based on a 40-hour week. If he works 50 hours in a particular week, his paycheck should be for
$550
The Americans with Disabilities Act applies to employers with ________ employees.
15 or more
The Fair Labor Standards Act imposes restrictions on hiring workers under 15 years old. 18 years old. 16 years old. 17 years old.
18 years old.
A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately ________ of an average firm's value. 40 percent 60 percent 70 percent 50 percent
70 percent
If an employee is killed on the job, the Occupational Safety and Health Act requires that the employer notify the administration as soon as possible but no later than ________ after the accident.
8 business hours
Which of the following items would be properly subject to a UCC sales contract? A Christmas tree sold in a parking lot. A house. Rights to a patent. An employment contract.
A Christmas tree sold in a parking lot.
In which of the following situations would res ipsa loquitur likely apply? Josh forgets to put a sign up to warn people that the floor has just been waxed and is slippery. Brandon sneaks up behind someone and hits the person with a hammer. A train derailed, and the cause of the accident can't be proved. Jon is driving at 75 miles per hour in a 55-mph zone and causes an accident.
A train derailed, and the cause of the accident can't be proved.
Amanda is driving toward a busy intersection. As she approaches the intersection, she looks down and reaches to adjust the radio in her car. She runs a red light and hits another car, which then crashes into a utility pole, knocking it down and causing a power loss in a 3-mile radius. It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union. Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage. What will the result be? Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages. Amanda will be liable to Kimberly because a person is liable for all consequences of his or her negligence. Amanda will not be liable to Kimberly because she could not have actually foreseen that it was dangerous to take one's eyes off the road when approaching an intersection. Amanda will be liable to Kimberly because she should have foreseen that taking her eyes off the road could cause Kimberly's food to spoil
Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages.
Which of the following would not be considered a real estate fixture?
An area rug laid out in the living room with double-sided tape to keep it in place.
In Ricci v. DeStefano, Ricci, a white firefighter, took and passed the City of New Haven firefighter's test, required of all applicants for promotion in the city's fire department. The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact-based lawsuit. How did the court rule?
An employer may not simply disregard a test based on unwanted results unless the test is shown to be biased or deficient.
Angelina hires Brad to drive a truck to a depot 200 miles away. She specifies the route that he is to take and tells him to be sure to arrive by 5 p.m. On the way, Brad finds himself feeling light-headed due to hunger. He checks the time and finds that he has plenty of time to make the 5 p.m. deadline, so he decides to stop at a diner that he is familiar with. The diner is three-quarters of a mile off the route that Angelina had specified. Brad does not call Angelina to ask for permission. On the way to the diner, Brad has a collision with Billy Bob. Billy Bob sues Angelina.
Angelina is liable because Brad was on a detour, so she is liable.
Depending on the jurisdiction, computer software programs may be afforded protection under either copyright law or patent law. T/F
True
Karl is a driver for Arnold's Appliance Store and delivers appliances to customers. One day, Karl negligently secures a washer and dryer in the back of his truck, and while he is driving, the washer falls out of the truck. Jan, driving behind the truck, sees the appliance flying at her and swerves into a telephone pole. Which of the following is correct?
Both Karl and Arnold's are liable.
Mike raped Kathy in the parking lot of Tom's Pub. Subsequently, Kathy filed a lawsuit against Mike for money damages. What is her burden of Proof. By a preponderance of the evidence. Beyond a reasonable doubt Clear and Convincing Positively certain
By a preponderance of the evidence.
Elise hires an artist to paint a portrait of her family. This contract is governed by common law. T/F
True
Which of the following is required for an agency to be formed?
Consent
To which of the following would a dram shop law apply?
Curley's Tavern
The common law system is based on the legal concepts and organization of ancient Rome. England. France. the United States.
England.
A building manager hires a painting company to paint the common areas in the building. The manager will supply all of the paint. This contract is a hybrid contract. T/F
False
A handyman goes to the wrong house by mistake and cleans the gutters while the homeowners are at work. The homeowners will have to pay for the service under the quasi-contract theory of unjust enrichment. T/F
False
A unilateral contract is formed by an exchange of promises T/F
False
Actual authority is the authority that the third party may reasonably assume that the agent possesses. T/F
False
Administrative agencies are not empowered to hear cases of alleged violations of their regulations and must depend on the courts for adjudication T/F
False
Affirmative action sets and requires quotas in order to meet racial and sexual equality. T/F
False
All trade secrets are protectable by either patent or copyright laws. T/F
False
An independent contractor is not considered an employee but is entitled to minimum wage and overtime protections T/F
False
An independent contractor is not considered an employee but is entitled to minimum wage and overtime protections.T/F
False
Any meeting of the minds resulting in mutual assent to do or refrain from doing something is called a contract. T/F
False
Because there is no general duty to act or assist others, a store is not liable if, after washing a floor, it fails to notify the public of the slippery condition and someone is injured. Stores give such notification as a convenience to customers but not because of a legal duty. T/F
False
Bella suspects that she was turned down for a job as a server at Hooters because she is 40 pounds overweight. She may contact the EEOC, which will investigate her case based on a Title VII violation. T/F
False
Company A and Company B own adjacent pieces of land. The companies own the full bundle of rights in their respective properties. Company A digs a mine that starts on its own property but extends, below ground, across the property line. If Company A finds minerals below Company B's surface property, it may mine and use the minerals for its own use because it has not gone onto or disturbed Company B's property. T/F
False
Diplomatic relations do not play a role in the creation of international law. T/F
False
Emmanuelle has been the subject of intense and continuous hostile environment sexual harassment over a period of months. If she quits before filing a complaint with the EEOC, she forfeits the right to file the complaint and seek damages
False
Even though children may legally be employed as actors, the Fair Labor Standards Act requires that appropriate educational standards be maintained through tutors and/or home schooling. T/F
False
Every time Trevon passes Sasha in the office he rubs against her. Sometimes he walks up behind her and massages her shoulders even though she has told him not to. Lately he's been pinching her butt when no one is watching. Trevon is committing quid pro quo sexual harassment. T/F
False
If a written work has been completed but has not been put into the public domain, fair use can never be used as a defense if the work is copied or used by another. T/F
False
Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.
False
Johnson Builders is selling a newly built home to Sheila. JRK Realtors is handling the transaction. This sale is covered under Article 2 of the UCC. T/F
False
Justin is annoyed because his neighbor's dog is constantly barking. He intentionally walks up to the dog in his neighbor's yard and viciously kicks it. Justin has committed battery. T/F
False
Micah and Kayla have a live Christmas tree in a pot in their home. This tree is real property T/F
False
Only written agreements are enforceable as contracts by courts. T/F
False
Ownership of personal property is governed by federal law. T/F
False
Physical harm or injury is required to prove a case of intentional infliction of emotional distress T/F
False
Professor Smith announces to his dean that the students in his noon class are the worst students that he has ever had and that they should never have been admitted to the school. The students are actually as qualified as any other students admitted to the school. The students may sue Professor Smith for slander. T/F
False
Specific performance is almost always available when a real estate contract for the sale of land is involved. T/F
False
The UCC permits terms to be added into a contract or filled in as gap fillers; however, a contract between merchants cannot be enforced unless the parties have agreed to and specified a price in their agreement. T/F
False
The Uniform Commercial Code (UCC) is law that governs contracts for the sale of goods. T/F
False
The common law held that property owners own the rights to the air and light for up to 100 feet above their property. T/F
False
The finder of lost property obtains better rights of ownership to that property than anyone else T/F
False
The finder of lost property obtains better rights of ownership to that property than anyone else. T/F
False
The only way to obtain protection for a trademark is by registering the trademark with the U.S. Patent and Trademark Office. T/F
False
The visitor's bureau in your school's county has a website with a section titled "Education." This section of the site has hyperlinks to each elementary through high school as well as links to colleges and universities with campuses in the county. If the link to your school's home page was placed on the bureau's site, without your school's consent, the travel bureau is guilty of infringement. T/F
False
When parties agree to an accord and satisfaction, the original obligation subject to the accord is immediately discharged. T/F
False
Your cousin, who is a CPA, calls you and says that a client paid him in diamonds and he's selling them. If you purchase one of those diamonds, at the time of the sale your cousin would be considered a merchant of those diamonds. T/F
False
Your school or college has just received a specialized accreditation for which a lot of work has been done. This specialized accreditation is a great achievement. If the accrediting body takes a picture from your school or college's website and publishes the picture as a thumbnail, along with a hyperlink to your school or college's website, on its site to advertise or announce the accomplishment, the accrediting body is infringing on the picture's copyright. T/F
False
Ownership of personal property is governed by federal law. T/F
Flase
A trademark can be any of the following except a
Formula
Mike worked for Frank's Pizza as a driver and was an agent. His duties consisted of making deliveries along a designated route. One day Mike decided to see his girlfriend, Jackie, who lived 50 miles off his pizza route. While driving to his girlfriend's, Mike injured a pedestrian, Chuck. The accident was caused by Mike's negligent driving. Chuck is now suing both Mike and Frank's for personal injuries. Under the circumstances
Frank's is not liable because Mike was on a frolic of his own.
The Happy Days Day Care is hiring a child care worker. On the employment application, Happy Days specifically asks if the applicant has ever been arrested but does not do a background check.. Tina applies for a job at Happy Days and answers no to that question. She also answers no to the question that asks 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 daycares for baby shaking and various other offenses. If the baby's parents sue Happy Days: Happy Days is probably liable for negligent hiring. Happy Days is liable because Tina was dealing not with the public but only with children. Happy Days is liable for negligent retention. Happy Days is not liable because it made a good faith effort to screen applicants and because it specifically asked about past indiscretions.
Happy Days is liable for negligent hiring
Which is an exception to the Employment at Will Doctrine
If the employee handbook says employees cannot be fired without good cause
Mike is walking through a parking lot and finds Kathy lying unconscious. He puts her in his car and takes her to the hospital. The hospital saves her life, and when she becomes conscious, it presents her with a bill. Mike has to pay because he brought her to the hospital. Kathy has to pay based on a unilateral contract. Kathy has to pay based on a quasi-contract. Kathy has to pay based on an implied contract.
Kathy has to pay based on a quasi-contract.
Jordan ordered encyclopedias and the contract specified that delivery was to be made to Jordan's home. Instead, the encyclopedias were delivered to her post office box and she never received them. She refuses to pay for them and the encyclopedia company sues her. How would a court likely rule? Jordan must pay because it was her post office box, delivery was close enough to be substantial performance, and risk of loss passed to her. Jordan must pay because she easily could have mitigated damages by going to her post office box to pick up the encyclopedias. Jordan does not have to pay because the goods were never tendered to her properly, so risk of loss never passed. Jordan does not have to pay because the UCC permits a nonmerchant to cancel contracts with merchants at any time as a consumer protection.
Jordan does not have to pay because the goods were never tendered to her properly, so risk of loss never passed.
In which of the following situations is a court most likely to find substantial performance? KM Corporation orders 500 boxes of copy paper from MK supply, but MK can deliver only 450 boxes. April orders a fully equipped car from a dealer, but although perfect in every way, the car delivered has an automatic transmission rather than the manual transmission that she ordered. Young orders a set of four specially made chrome rims for her car, but the supplier can deliver only three. Olivia orders 3 gallons of paint for the exterior of her house, based on square footage covered and needed, but the paint supplier can deliver only 2 gallons.
KM Corporation orders 500 boxes of copy paper from MK supply, but MK can deliver only 450 boxes.
The only state that has not adopted the UCC is Arizona. Texas. Louisiana. California.
Louisiana.
John Nagler, the CEO of Amtex Box Corp orders Dan Malone the plant supervisor to discard some toxic waste in the stream that runs behind the plant. There are criminal laws preventing the disposal of this waste in this manner. Dan send Mike Jackson the maintenance man to dispose of the waste after dark. Who can be prosecuted for this crime.
Nagler, Malone, Jackson and probably the Amtex Box Corp. also.
John Nagler, the CEO of Amtex Box Corp orders Dan Malone the plant supervisor to discard some toxic waste in the stream that runs behind the plant. There are criminal laws preventing the disposal of this waste in this manner. Dan send Mike Jackson the maintenance man to dispose of the waste after dark. Who can be prosecuted for this crime. Mike Jackson, he committed the crime Nagler, Malone, Jackson and probably the Amtex Box Corp. also. John Nagle, it was his order Only the Corporation, Amtex Box
Nagler, Malone, Jackson and probably the Amtex Box Corp. also.
Employees making complaints to the Occupational Safety and Health Administration are protected under the Occupational Safety and Health Act's whistle-blowing provisions. T/F
True
Clyde contracts with Seaside Resorts to rent an oceanfront room for a romantic weekend with his girlfriend Anne. In fact, Clyde intends to propose to Anne on the beach under the full moon during their stay. He made this decision after booking the room. The contract with Seaside Resorts requires a $250 deposit with the remaining $250 due upon check-in. The deposit is nonrefundable unless the reservation is canceled at least 48 hours prior to check-in. The day before they are to leave for the resort, Clyde and Anne have a huge fight and break up. If Clyde calls Seaside, cancels the reservation, and demands a refund of his deposit, is Seaside legally obligated to refund Clyde's money? No. Seaside is not legally obligated to provide a refund. Yes. Clyde will get the refund because of impossibility; he can't propose if they are no longer speaking. Yes. Clyde will get the refund because of frustration of purpose; his intention was to propose and that is no longer possible. Yes. Clyde will get the refund because of impracticability; he can't stay at a romantic seaside room if he has no one to share it with.
No. Seaside is not legally obligated to provide a refund.
For a writing to satisfy statute of frauds requirements under the UCC, it must include each of the following except language that a reasonable person would believe constitutes an intent to form a contract. price. quantity. the signature of the party against whom enforcement is sought.
Price
What covers workplace safety.
OSHA
Which of the following does not occur in appellate court trials? Review of lower court transcripts and rulings. Presentation of testimony and new evidence. Consideration of briefs prepared by each side's attorneys that outline the law and applicable precedent pertinent to the case. Oral arguments by each side's attorneys.
Presentation of testimony and new evidence.
Which of the following is a valid bailment?
Putting your neighbor's car in your garage to shield it from a hail storm.
Rita Reporter works for a major news network and has been assigned to investigate a story about a woman's death in a small town. She interviews police and other public officials, and the investigation is pointing to the woman's exhusband. When Rita reports live on the air, she states that the investigation is ongoing and that the ex-husband is the prime suspect. In fact, the police have just ruled out the ex-husband, but Rita has not yet been informed of that fact. The next day, the ex-husband is fired, his new wife moves out, and friends are now refusing to talk with him. Rita is guilty of slander for telling a lie that caused injury to the ex-husband. Rita is guilty of libel for telling a lie that caused injury to the ex-husband. Rita is not guilty of defamation due to a qualified privilege. Rita is not guilty of defamation due to an absolute privilege.
Rita is not guilty of defamation due to a qualified privilege.
Clyde contracts with Seaside Resorts to rent an oceanfront room for a romantic weekend with his girlfriend Anne. In fact, Clyde intends to propose to Anne on the beach under the full moon during their stay. He made this decision after booking the room. The contract with Seaside Resorts requires a $250 deposit with the remaining $250 due upon check-in. The deposit is nonrefundable unless the reservation is canceled at least 48 hours prior to check-in. The day before they are to leave for the resort, Clyde and Anne have a huge fight and break up. If Clyde calls Seaside, cancels the reservation, and demands a refund of his deposit, is Seaside legally obligated to refund Clyde's money? Yes. Clyde will get the refund because of frustration of purpose; his intention was to propose and that is no longer possible. No. Seaside is not legally obligated to provide a refund. Yes. Clyde will get the refund because of impracticability; he can't stay at a romantic seaside room if he has no one to share it with. Yes. Clyde will get the refund because of impossibility; he can't propose if they are no longer speaking.
Seaside is not required to provide a refund.
An Independent Contractor enjoys which of the following privileges or protections ?
Sets own hours.
ABC Land Co. is negotiating the sale of an office building to Mega Co. Which laws will govern the contract for the sale of the building?
State common law.
ABC Land Co. is negotiating the sale of an office building to Mega Co. Which laws will govern the contract for the sale of the building? State statutory law based on the Uniform Commercial Code. State common law. Hybrid laws. The Uniform Commercial Code.
State common law.
ABC Land Co. is negotiating the sale of an office building to Mega Co. Which laws will govern the contract for the sale of the building? The Uniform Commercial Code. State statutory law based on the Uniform Commercial Code. State common law. Hybrid laws.
State common law.
A promise is illusory and will not be enforced by courts when the offeror is not truly bound by his or her vague promise. T/F
T
Mike raped Kathy in the parking lot of Tom's Pub. The attorney general/district attorney's office prosecuted Mike on rape charges. Subsequently, Kathy filed a lawsuit against Mike for money damages. Classify each legal action. Both cases are criminal. The attorney general/district attorney's case was a criminal case; Jane's lawsuit was a civil case. The attorney general/district attorney's case was a civil case; Jane's lawsuit was a criminal case. Both cases are civil.
The attorney general/district attorney's case was a criminal case; Jane's lawsuit was a civil case.
In Ziva Jewelry v. Car 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. The carwash was liable for the stolen jewelry because a bailment was formed. The carwash was liable because it took responsibility for the jewelry when it accepted the vehicle for service. The carwash was not liable for the stolen jewelry because there was no bailment formed.
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.
Sharon has contracted with Craig to buy Craig's car. She has agreed to pay $5,000 in cash in exchange for the title and registration for the vehicle. Sharon and Craig agree to meet at 10 a.m. on Wednesday to exchange their consideration. Unfortunately, Craig dies Tuesday evening. The contract is still enforceable; however, Craig's heirs may renegotiate the terms because they are now the owners of the car. The contract is still valid and Craig's heirs must go through with it based on the agreed terms. The contract automatically terminates due to impossibility caused by Craig's death. The contract automatically terminates due to impracticability caused by Craig's death.
The contract is still valid and Craig's heirs must go through with it base on the agreed terms.
All of the following are necessary elements of a contract except
Writing
Which of the following is true of open-price-term contracts?
The price becomes the reasonable price at the time the goods are delivered.
Which of the following would not be considered tangible? The right of ownership. Oxygen. The pen or pencil you are using. A car.
The right of ownership.
Which of the following does not have to be shown for copyright protection to be granted?
The work has a present or potential value.
Which of the following activities are compensable Time spent by a butcher sharpening his knives before work Time spent in security screenings after the work day Time spent traveling to and from work Time spent waiting by poultry workers to put on protective gear.
Time spent by a butcher sharpening his knives before work
Your department secretary has called a local office supply company and ordered 100 reams of copy paper. The agreement is that the paper will be delivered to the department office and a check for payment will be given on delivery. On the way to make the delivery, the truck is in a crash, and the paper is destroyed in a fire resulting from the accident. Which of the following statements is true? This is a destination contract, and because delivery had been initiated, the school bears the risk of loss. This is a destination contract, and since the goods were never properly tendered, the office supply company bears the risk of loss. This is a shipment contract, and your school bears risk of loss because the paper had been set aside and tendered. This is a shipment contract, and the office supply company bears risk of loss.
This is a destination contract, and since the goods were never properly tendered, the office supply company bears the risk of loss.
Burt and Mel have entered into a contract in which Burt agrees to put a concrete driveway on Mel's property. If Burt delegates the duty of laying the driveway to Chuck and Chuck does an unacceptable job, Mel may sue Burt for damages. T/F
True
A Christmas tree sold in a parking lot. T/F
True
A business that is subject to an agency's jurisdiction is required to turn over documents relevant to determining compliance with a particular rule. T/F
True
A legal defense renders a contract unenforceable, even though it has the necessary elements of a valid contract. T/F
True
A party holds title to goods when the goods have come into existence and the goods are identified to the contract. T/F
True
A patent equates to a statutorily sanctioned monopoly right. T/F
True
A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff. T/F
True
A principal has the power to terminate an agency relationship at any time T/F
True
A telephone book listing citizens' names, addresses, and phone numbers may not be copyrighted. T/F
True
A unilateral contract is formed when a promise requires acceptance by performance T/F
True
Agencies are frequently charged by Congress to study potential solutions to a problem and then exercise legislative function by creating legally enforceable rules. T/F
True
Assume that Iowa has passed a law requiring that motorcycle owners must ensure that anyone riding or operating their motorcycle wear a helmet. Marta enters an Iowa Harley-Davidson store and wants to take a test ride. She doesn't have a helmet with her and the dealership doesn't have one available in her size, so the proprietor lets her go without one. If she crashes and is injured, the proprietor has committed negligence per se. T/F
True
Bryant is drunk and driving his car 20 miles over the speed limit. He hits Angelina, who is crossing the street against a red light. Angelina has over $95,000 in medical bills and has significant pain and suffering. If Angelina sues in a state that still follows the theory of contributory negligence, she will get nothing. T/F
True
Faye is driving when she sees an accident occur a half mile in front of her. Sarah has negligently swerved her car, forcing Lindsay's car off the road and into a tree. Lindsay is thrown from the car and appears injured. Faye stops to render aid, and while helping Lindsay, she slips and breaks her leg. Sarah is not liable in negligence for Faye's injury because the injury was not foreseeable and Sarah's act was not the proximate cause of Faye's injury. T/F
True
Frazier has returned from a nursery where he has purchased 21 rose bushes to landscape the exterior of his home. Each bush has its roots wrapped in burlap, and Frazier carried the bushes home in the back of his pickup truck. Frazier has now planted each of the rose bushes. The bushes are real property. T/F
True
Generally, an at-will employee may be fired just because the boss does not like him or her. T/F
True
If goods are to be picked up at the seller's place of business by the buyer and the seller is a merchant, the seller retains risk of loss until the buyer takes possession of the goods. T/F
True
If two companies enter into a sales contract and the shipping terms are omitted from the agreement, the contract will automatically become a shipping contract. T/F
True
In a bailment, the title to the goods stays with the bailor. T/F
True
It is possible to be in rightful possession of personal property without having actual ownership of the property. T/F
True
Leon works in an office environment and, during lunch, closes his office door and uses his personal laptop computer to search the Internet for pornography, accessing the company's server via an Ethernet cable connection. The company may monitor his computer usage even though he is using a personally owned computer. T/F
True
One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of other types of lawsuits. T/F
True
Specific performance is almost always available when a real estate contract for the sale of land is involved. T/F
True
State and local affirmative action plans in regard to race- or gender-based preferences in the hiring of government contractors are subject to strict scrutiny. T/F
True
Steve is an avid bicyclist and sends in a $150 fee to participate in an across-the-state ride in the Midwest. A week before the ride, he breaks his leg. Unless the contract specifically provides for no refunds under any conditions, he will be able to receive a refund based on impossibility. T/F
True
The Equal Employment Opportunity Commission enjoys rulemaking as well as enforcement powers. T/F
True
The Fair Labor Standards Act does not cover all employees. T/F
True
The Fair Labor Standards Act requires that all workers be paid a minimum wage. T/F
True
The Portal-to-Portal Act provides two broad exceptions to FLSA wage and hour requirements. Unless the activity is integral and indispensible to their principal job, employees are not entitled to compensation for (1) time spent by an employee traveling to and from the actual place of the employee's job; and (2) time spent by an employee on activities performed before or after the principal activities in a workday. T/F
True
The UCC permits a contract to be considered formed entirely by the parties' conduct even if no definite time of formation can be determined. T/F
True
The common law legal system allows judges to fill in gaps in the law that are not covered by a statute. T/F
True
The manager at an apartment complex has no prior criminal record but has just been arrested for possession of child pornography. If he is convicted but given probation and not jailed, the apartment complex may be liable if it does not fire him and he later harms a child on the premises. T/F
True
The mirror image rule is not enforced under UCC standards. T/F
True
The only way to obtain protection for a trademark is by registering the trademark with the U.S. Patent and Trademark Office. T/F
True
UCC gap fillers will not be used and are not applicable to contracts when the contract clearly specifies a contract term or condition. T/F
True
Zippo's is an online retailer of men's and women's clothing and fashion accessories. Zippo's maintains a list of its customers and its customers' preferences. This list could qualify as a trade secret. T/F
True
Which treaty is a standard that courts use for interpreting treaty law? Berne Convention. U.N. Treaty on Foreign Jurisprudence. Convention on the Recognition and Enforcement of Foreign Laws. Vienna Convention on the Law of Treaties.
Vienna Convention Law Treaties
Viro and Winona are both tenured associate professors in a school's English Department. Winona is constantly asking Viro out on dates, which he always refuses. He has asked her to stop. Furthermore, Winona is always making provocative comments to him, telling dirty jokes, and asking him about his preferences in women, which embarrasses him and has caused him to lose sleep. If Viro sues the school for permitting her behavior, the school would win because Viro and Winona are on the same employment level and Viro can't be truly harassed unless Winona has the ability to affect his job status, which she doesn't have. the school would win because a woman can't harass a man and he should be flattered rather than upset. Viro would win because, regardless of notice, the employer is automatically liable for any improper activity that occurs on the job, and it is the employer's responsibility to know what is happening on its premises. Viro would win if he had previously complained to the school and it had done nothing to stop the harassment.
Viro would win if he previously complained to the school and it had done nothing to stop the harassment
A contract that lacks one or more of the basic required elements of a contract or that has not been formed in conformance with the law from the outset of the agreement is considered
Void
Which of the following is not a factor considered when classifying an employee as covered or exempt? Education or skill level. Degree of supervision required by the employer. Whether the employee uses the employer's tools or his or her own. Amount of physical labor required.
Whether the employee uses the employer's tools or his or her own.
Jose is from Argentina. He works for a railroad business that is controlled by the government. Big Container Shipping Company is considering sending its South American cargo on that railroad. Should Big Container Shipping be concerned with the Foreign Corrupt Practices Act when it takes Jose out to an expensive dinner? No, because Jose does not work directly for the government administration but, instead, works for a business. Yes, because Jose is a foreign national. Yes, because Jose works for a government-controlled business. No, because it is only dinner.
Yes, because Jose works for a government-controlled business.
In which of the following scenarios would enforcement of specific performance be appropriate? You order a current-model, name-brand television from a department store, and a few days later the store breaches by not ordering it from the manufacturer. You order 3 gallons of white ceiling paint from a local store, and the store breaches by not delivering or making available to you the 3 gallons. Your bookstore agrees to order a textbook for you but breaches its contract with you by canceling the order the next day. You own the pistol used by Hamilton and contract to buy the pistol used by Burr in the Hamilton-Burr duel to complete your set, but despite the contract the Burr pistol owner refuses to sell at the last minute.
You own the pistol used by Hamilton and contract to buy the pistol used by Burr in the Hamilton-Burr duel to complete your set, but despite the contract the Burr pistol owner refuses to sell at the last minute.
An offer of a reward, if it is fulfilled, forms a bilateral contract. an express contract. a quasi-contract. a unilateral contract.
a unilateral contract.
Each of the following is personal property except
a house
Each of the following is personal property except business inventory. a house. a computer. a car.
a house.
Cat's Coaster Company uses cork in all of the protective drink coasters that it manufactures. If Cat's enters into an agreement with a cork exporter from Portugal to purchase all of the cork it needs to produce its products, this would be
a requirements contract.
Ally, a minor, purchases a car from a used-car dealer. The law allows minors the right to cancel a contract until the time the minor turns 18. The contract between Ally and the dealer is a voidable contract. a void contract. a valid contract. an unenforceable contract.
a voidable contract.
Sanchez borrowed money from Fifth National Bank to buy a car. She defaulted on the loan. Fifth National hired Rex's Recovery Service to repossess the car for a set fee. Rex's was simply told to locate and seize the car. Rex's would be classified as
an independent contractor.
Riparian rights have to do with subsurface mineral rights. water rights. leasehold rights. airspace rights.
water rights.
The highest and most comprehensive duty owed by a landowner to a person on the owner's property is owed to an intentional trespasser. a licensee. an invitee. an accidental trespasser.
an invitee.
Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequences of the action and knowingly committed the crime. The killing would be the voir dire. mens rea. indictment. actus reus.
actus reus.
Federal Diversity jurisdiction requires citizens of two different states or a controversy of $75,000 or more. and a controversy of $75,000 or more. or a controversy of $50,000 or more. and a controversy of $50,000 or more.
and a controversy of $75,000 or more.
In a shipment contract, risk of loss passes to the buyer when the goods are delivered to the buyers warehouse. have passed the halfway point to the buyers warehouse are released by the seller to a carrier begin the journey to the buyers warehouse
are released by the seller to a carrier
Harry sees an AK-47 automatic assault rifle in a gun shop window. He inquires about the price and is told that it is $2,500. Harry signs a contract promising to pay the $2,500 on Friday, at which time he will take possession of the rifle. On Thursday, a law is enacted making the ownership, sale, or possession of an automatic rifle illegal. This contract is enforceable and not affected by the new law because it was entered into before the law took effect. automatically terminates due to impossibility. automatically terminates due to frustration of purpose. automatically terminates due to impracticability.
automatically terminates due to impossibility.
In the case of Rosenfeld v. Basquiat, Basquiat sold several paintings to Rosenfeld and provided him with a written receipt. Unfortunately, Basquiat died before delivery, and Basquiat's heirs challenged the enforceability of the agreement. The court determined that because the written agreement did not contain the terms of delivery, the writing was too vague to form a contract. because the writing contained the names of the paintings, the price paid, and Basquiat's signature, the paper was sufficient to evidence a contract. because the writing was not signed by Rosenfeld, the paper was not sufficient to evidence a contract. because the written agreement was completed in crayon on a scrap of brown packing paper, the writing did not meet the formality of a proper contract.
because the writing contained the names of the paintings, the price paid, and Basquiat's signature, the paper was sufficient to evidence a contract.
Jan is on trial for arson. For Jan to be found guilty, her guilt must be proved beyond a reasonable doubt. beyond a preponderance of the evidence. by a reasonable preponderance of the evidence. by a preponderance of the evidence
beyond a reasonable doubt
Jan is on trial for arson. For Jan to be found guilty, her guilt must be proved
beyond a reasonable doubt.
A gratuitous agent has no duty of care owed to the principal. breaches the duty of care when grossly negligent. breaches the duty of care when ordinarily negligent. is held to the same standard of care as any other type of agent except the independent contractor
breaches the duty of care when grossly negligent.
The fact that the actual negligent act must directly cause the injury is called the proximate cause. cause in fact. misfeasance. nonfeasance.
cause in fact.
Beth has just signed a contract to work for a bank. A clause in the contract says that before she begins work, she must pass a drug test and should drug use be discovered, the contract becomes void. This clause would be a
condition subsequent.
Beth has just signed a contract to work for a bank. A clause in the contract says that before she begins work, she must pass a drug test and should drug use be discovered, the contract becomes void. This clause would be a concurrent condition. nothing of consequence since Beth has already signed the contract. condition subsequent. condition precedent.
condition subsequent.
Beth has just signed a contract to work for a bank. A clause in the contract says that before she begins work, she must pass a drug test and should drug use be discovered, the contract becomes void. This clause would be a nothing of consequence since Beth has already signed the contract. condition subsequent. condition precedent. concurrent condition.
condition subsequent.
Something of value that is exchanged as part of an agreement is called capacity. legal purpose. mutual assent. consideration.
consideration
Something of value that is exchanged as part of an agreement is called
consideration.
Which of the following is not a general category of torts?
criminal torts
In Diaz v. Pan Am World Airways, Inc., the plaintiff was denied a job as a flight attendant because the airline had a policy of hiring only women as flight attendants. The court held that because the airline proved women were better in certain aspects of the job, gender was a bona fide qualification for the position. hiring men as flight attendants would lead to sexual harassment. because customer and employee preference was so high, gender was a bona fide qualification for the position. customer preference did not make gender a bona fide qualification for the position.
customer preference did not make gender a bona fide qualification for the position
Which of the following is not an equitable remedy?
damages
The business necessity defense is a defense to
disparate impact cases.
The business necessity defense is a defense to unequal pay cases. disparate treatment cases. disparate impact cases. sexual harassment cases.
disparate impact cases.
Alessia has refereed high school and women's college soccer for 10 years. She is fit, knows the rules without question, and has always received excellent evaluations. When she applies to referee men's college games, the men's college referee administrator tells her that he can't use her because women won't get the players' respect and because the game looks more serious and acceptable with men refereeing. Alessia is the victim of pretextual discrimination. mixed motives discrimination. disparate impact discrimination. disparate treatment discrimination.
disparate treatment discrimination.
The Electronic Communications Privacy Act prohibits employers from monitoring each of the following, unless consent to monitor is granted, except employee outgoing personal phone calls. employee voice mail. employee e-mail. employee incoming personal phone calls.
employee e-mail
Ben is the manager of a branch of a large bank. He has regularly taken money from customers' accounts for his own use and changed the bank records to cover his actions. Ben is guilty of
embezzlement.
Ben is the manager of a branch of a large bank. He has regularly taken money from customers' accounts for his own use and changed the bank records to cover his actions. Ben is guilty of embezzlement. a conspiracy. racketeering. a Ponzi scheme.
embezzlement.
Trade secrets are protectable for 9 years. for as long as the company desires. for 17 years. for 23 years.
for as long as the company desires.
Larry has booked a hotel room for a conference at a rate of $100 per day for five days. When he arrives to check in, Larry is told that the hotel was overbooked and it cannot supply him with a room. Larry is forced to go to the only hotel in town with available rooms and pay $150 per night. If Larry sues the original hotel for damages and wins
he will be entitled to compensatory damages in the amount of $250.
Larry has booked a hotel room for a conference at a rate of $100 per day for five days. When he arrives to check in, Larry is told that the hotel was overbooked and it cannot supply him with a room. Larry is forced to go to the only hotel in town with available rooms and pay $150 per night. If Larry sues the original hotel for damages and wins he will be entitled to liquidated damages in the amount of $250. he will not be entitled to any damages because the additional costs were not foreseeable. he will be entitled to compensatory damages in the amount of $250. he will be entitled to consequential damages in the amount of $250.
he will be entitled to compensatory damages in the amount of $250.
Disputes on matters under an agency's jurisdiction are adjudicated in administrative law hearings. by licensing boards. in state courts. in federal courts
in administrative law hearings.
From least to most serious, crimes are classified as follows misdemeanors/infractions/felonies. infractions/misdemeanors/felonies. infractions/felonies/misdemeanors. felonies/misdemeanors/infractions.
infractions/misdemeanors/felonies.
The Fair Labor Standards Act was originally intended to cover employers engaged in
interstate commerce only.
The Fair Labor Standards Act was originally intended to cover employers engaged in any and all commerce, including foreign commerce. intrastate commerce only. both intrastate and interstate commerce. interstate commerce only.
interstate commerce only.
The Digital Millennium Copyright Act provided each of the following protections except civil and criminal penalties were established for those who sell or manufacture products or services that circumvent antipiracy software. manufacturers of CD-writers were required to pay 2 percent of their sales into a fund to be distributed to copyright holders because the CD-writers could easily copy music and other copyrighted works. ISPs were relieved of liability for copyright infringement by their users as long as the ISP had no knowledge of the infringement. restrictions were placed on analog recorders and camcorders that lack antipiracy features.
manufacturers of CD-writers were required to pay 2 percent of their sales into a fund to be distributed to copyright holders because the CD-writers could easily copy music and other copyrighted works.
Assumption of risk is a defense to
negligence
Assumption of risk is a defense to battery. negligence. conversion. defamation.
negligence
Assumption of risk is a defense to defamation. battery. conversion. negligence.
negligence.
Carl Critic has just announced his choices of the worst Hollywood actresses of the year, and Stella Starr has been named the worst of the worst. Carl's announcement, made in his weekly column titled "Random Musings by Carl Critic" and published in the local paper, claims that he believes her to have the least amount of talent in the movie industry and that she "can't act her way out of a paper bag." When Stella reads Carl's column, she immediately starts to cry hysterically and then decides to sue him. Does she have a valid case of libel? Yes, but only if his statements cause her to lose money by losing movie roles. Yes, her crying proves injury. No, this was merely Carl's opinion. No, Carl committed slander, not libel.
no, this was merely Carl's opinion
Federal court judges are nominated by the president and subject to full congressional confirmation. selected by the president without outside confirmation. nominated by the President and subject to House of Representative confirmation. nominated by the president and subject to Senate confirmation.
nominated by the president and subject to Senate confirmation.
The Revised Uniform Partnership Act mandates that with regard to partnership debts and liabilities, general partners are not personally liable for non-debt liabilities, which may be charged only to the partnership, but personally liable for debts. personally jointly and severally liable for unpaid debts and liabilities not personally liable for debts or liabilities, which may be charged only to the partnership. personally jointly liable for unpaid debts and liabilities
personally jointly and severally liable for unpaid debts and liabilities.
Which of the following is not a major source of administrative law? the Administrative Procedures Act public opinion enabling statutes the Constitution
public opinion
Which of the following is not a defense to defamation?
publication
Damages intended to punish a wrongdoer are called
punitive damages.
Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except refusing to answer questions and invoking the Fifth Amendment. ordering her secretary to lie if she is questioned. changing some figures on documents used to support filed financial statements. shredding her personal calendar and appointment book.
refusing to answer questions and invoking the Fifth Amendment
Maria is the CFO of a company being investigated by the SEC for various alleged violations. Each of the following would constitute an obstruction of justice except
refusing to answer questions and invoking the Fifth Amendment.
What type of legal system would a government that based its laws on the tenets of Islam A mixed legal system. A karma law system. A blended legal system. A religious-based legal system.
religious-based legal system.
Which of the below have a 5th Amendment right against self incrimination.
sole proprietorship
Which of the below have a 5th Amendment right against self incrimination. Publicly Traded Corporation sole proprietorship LLC Corporation
sole proprietorship
Which of the below have a 5th Amendment right against self-incrimination. Publicly Traded Corporation LLC sole proprietorship Corporation
sole proprietorship
Courts have a clear power to set aside an agency's actions. They tend to use this power: A.frequently. B.only when faced with citizen suits. C.sparingly. D.on a somewhat regular basis.
sparingly.
Agency law primarily exists on the state level. constitutional level. federal level. common law level.
state level.
n general, contracts for the sale of goods are governed by: state common law. federal regulations. state statutory law based on the Uniform Commercial Code.
state statutory law based on the Uniform Commercial Code.
With regard to consideration in a sales contract, the UCC differs from the common law in that consideration exchanged must be equal or very closely equal in sales contracts. terms of a sales contract may be modified without additional consideration. terms in a sales contract may be modified as long as additional consideration is provided. consideration is not required in sales contracts.
terms of a sales contract may be modified without additional consideration.
The ultimate arbiter of federal law is the President. the Senate. the full Congress. the U.S. Supreme Court.
the U.S. Supreme Court.
Kim, a CPA, works for a small accounting firm consisting of two managing partners, six accountants, and four secretaries. During a skiing vacation, Kim has a serious fall and is paralyzed from the waist down. While she cannot walk, her mind is not affected and she is 100 percent capable of performing her accounting duties. She has asked the firm to widen the aisles between cubicles so that she can maneuver her wheelchair and to provide a special desk that is wheelchair friendly. These accommodations would cost less than $1,000. Under provisions of the Americans with Disability Act, her requests should be granted because they are reasonable. Since she can still do her job, she is not deemed to have suffered a limitation to a major life activity. Under provisions of the Americans with Disability Act, her requests should not be granted because they are not reasonable. The company is not required to make or offer any accommodations to Kim.
the company is not required to make or offer any accommodations to Kim
If the offer specifies no time limit to which to accept
the offeree has a reasonable amount of time to accept.
In a disparate impact case, if an employer can show that a challenged employment practice is job-related and consistent with business necessity, the plaintiff can still win by showing that
there is an alternative practice that would have fewer discriminatory effects, but the employer declines to use it.
Two merchant companies have entered into a contract for the sale of goods but have had no prior dealings that would establish a course of conduct between them. The UCC will allow gap fillers to apply to their contract regarding missing terms in each of the following situations except when they have failed to specify where delivery of the goods is to be made. they have failed to specify the price of the goods to be delivered. they have failed to specify the quality or grade of the goods to be delivered. they have failed to specify when payment for the goods is to be made.
they have failed to specify the quality or grade of the goods to be delivered.
Two merchant companies have entered into a contract for the sale of goods but have had no prior dealings that would establish a course of conduct between them. The UCC will allow gap fillers to apply to their contract regarding missing terms in each of the following situations except when they have failed to specify when payment for the goods is to be made. they have failed to specify where delivery of the goods is to be made. they have failed to specify the price of the goods to be delivered. they have failed to specify the quality or grade of the goods to be delivered.
they have failed to specify the quality or grade of the goods to be delivered.
When an attorney requests a change of venue, the attorney is asking to change the charges that the defendant was originally arrested for and is now on trial for. to move the trial from a state trial court to a federal court in the same state. to move the trial from one location to another due to the potential unfairness of a trial in the first location. for a different judge because of the assigned judge's potential bias.
to move the trial from one location to another due to the potential unfairness of a trial in the first location.
Felonies generally are punishable by three months or more of incarceration. twelve months or more of incarceration. six months or more of incarceration. nine months or more of incarceration.
twelve months or more of incarceration.
An agreement between two adults to pay $300 cash for a bicycle is an example of a contract that is valid. unenforceable. voidable. void.
valid
The trial court in New York has heard a case and issued a decision. This decision will be precedent in New York courts and the courts of states immediately surrounding New York. will be precedent in New York courts only. will not be precedent in any U.S. courts. will be precedent in the courts of all 50 states.
will not be precedent in any U.S. courts.
All of the following are necessary elements of a contract except capacity. writing. mutual assent. consideration.
writing.
