Exams 1-4
True or False A municipality is typically divided into zones in which only certain uses of the land are permitted, such as industrial, retail, and residential uses.
True
True or False A state probate court, which hears only wills and estates matters, is generally described as having limited authority or jurisdiction.
True
True or False All contracts can be classified in seven ways.
True
True or False An enforceable contract has four necessary elements: mutual assent, capacity to contract, consideration, and legal purpose.
True
True or False An express termination of the agency relationship by the agent is called a renunciation.
True
True or False Enumerated powers are specific powers granted to the federal government by the Constitution.
True
True or False Genericization occurs when a trademark has lost its distinctiveness and becomes a general term describing a type of product rather than a specific company's product.
True
True or False In an agency relationship, one party agrees to act as an agent for another party.
True
True or False In the typical business context, ADR is invoked either via contract or by mutual agreement.
True
True or False Intellectual property rights protections come from several multilateral agreements.
True
True or False Jurisprudence is roughly defined as the science and philosophy of law.
True
True or False Liquidated damages must be directly related to the breach of contract for which they are compensating the non-breaching party.
True
True or False Most employers are not subject to affirmative action requirements.
True
True or False Product disparagement statutes generally protect industries, companies, and corporations but not individuals.
True
True or False Property ownership grants the right to control, possess, and use the property, as well as the right to sell, lease, or prohibit another from using the property.
True
True or False Substantial performance will be enforced only if the deviation from complete performance is not material to the contract.
True
True or False Substantive due process requires that a state statute must be published for public inspection and be clear and specific.
True
True or False The United States has adopted the country of origin principle to determine the application of law in international online disputes.
True
True or False The majority of cases filed in the U.S. are filed in state courts.
True
True or False The physical presence of an out-of-state party in a particular state is generally an automatic basis for jurisdiction over the defendant by both that state's courts and the federal trial court within that state.
True
True or False Typically, political speech by corporations is fully protected by the First Amendment.
True
Marlene is a law school professor speaking about the philosophy of law under the British system. Which of the following legal categories is she addressing?
Jurisprudence
All of the following are primary functions of federal agencies except
constitution-interpreting.
For the last several decades, presidents have exercised __________________ power over administrative agencies.
direct
The IRS three-prong test includes which of the following elements?
financial relationship.
In an agency relationship, the agent owes each of the following duties to the principal except a duty of
preparation.
The two major categories of international law are
public and private.
When a company engages in an affirmative act that involves taking advantage of the privilege of conducting activities within a forum state, they have met the __________ test.
purposeful availment
The utilitarian approach is most accurately stated by the following saying:
"Our actions should create as many positive results as possible while creating as little harm as possible."
Protection of employees through the prevention of workplace injuries is addressed by the
Occupational Safety and Health Act
A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately ________ of an average firm's value.
70 percent
Which of the following is true of the Social Security Act?
Both employers and employees pay into a trust fund. Employees are entitled to benefits based on how many credits they have earned.Incorrect It also provides for payments when a worker becomes disabled.
Values management for an organization leads to which of the following?
Clarity in business operations
The Necessary and Proper Clause holds that
Congress may set limits and conditions on federal spending
While organizations may have standards and values they aspire to follow, a practical approach and strategic legal solution identified by the textbook to make these standards and values effective is to:
Develop a code of ethics
The common law system is based on the legal concepts and organization of
England.
According to the text, which of the following is not a general function of the U.S. Constitution?
Enumerating and limiting the powers of the states
True or False A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.
False
True or False All American taxpayers are allowed to bring any type of case in federal court at any time.
False
True or False Conditions in American industrial plants have always been safe and humane with regard to the treatment of workers.
False
True or False Enumerated powers are those rights and powers granted in the Constitution to the individual states.
False
True or False Facebook submitted its experiment for pre-approval to the Institutional Review Board, an independent ethics committee that requires scientific experiments to abide by consent and safety standards.
False
True or False Most companies employ in-house counsel for their legal needs.
False
True or False 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.
False
True or False Religious teachings and ethics are separate and distinct and rarely if ever overlap.
False
True or False Restitution is classified as an equitable remedy.
False
True or False The principal may be an individual or entity (such as a corporation), but the agent must be an individual.
False
True or False The shift from an agricultural society toward industrial production began almost immediately after the end of the U.S. Revolution.
False
True or False The standard that must be met for a plaintiff to win a trademark dilution claim is likelihood of confusion.
False
True or False The use of treaties as a modern source of international law dates to World War I and the Treaty of Versailles.
False
True or False Under the maximizing profits theory, a company strives to do no harm, as long as the company continues to be profitable.
False
The Takings Clause is found in the Constitution's
Fifth Amendment.
Which of the following is required to prove substantial performance?
Good faith
Which of the following is true of judicial review?
It is established by common law precedent.
When did the U.S. withdraw from compulsory jurisdiction of the International Court of Justice?
It withdrew in 1986.
Which of the following about the contractual rights of advertisements is true?
Most advertisements are not offers. A mass advertisement is considered an invitation for consumers to make an offer. Advertisements that invite parties to accept in a particular manner are unilateral contracts.
What type of restrictions may the government place on political expression?
Reasonable restrictions on time, place and manner
The civil law system is based on the ______ legal heritage.
Roman
Which law requires courts to enforce arbitration awards?
The Federal Arbitration Act
Mediation differs from arbitration in which of the following ways?
The mediator's goal is to defuse antagonism and help the parties reach a solution, the arbitrator's goal is to conduct a hearing and render a decision.
Which of the following is not a theory of discrimination under the Civil Rights Act?
Unclear opportunity
Which of the following is personal property?
a car
A tort is
a civil wrong where one party has acted or failed to act in a way that causes loss to be suffered by another.
The definition of a contract is
a promise or set of promises enforceable by law.
Strict liability applies to
abnormally dangerous activities.
Ginger signed a contract with Trickyco, a large corporation, it was a standard preprinted contract. There was no bargaining for the terms of the contract and Ginger was offered it on essentially a take-it-or-leave-it basis. This type of contract is known as a/an
adhesion contract
The judicial function of administrative agencies is known as
adjudication.
The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the
cause in fact.
To be valid, offers must be
clear, serious, and communicated.
The rights of workers to engage in the process of negotiating an agreement on behalf of an entire workforce is known as
collective bargaining.
International mediation involves a/an
consensual process.
When an agent agrees to act for the principal, this is known as
consent.
The authority of the government to take a person's private property is called
eminent domain.
A patent is a statutorily created monopoly right that allows the inventor the
exclusive right to make, use, license and sell the invention for a limited period of time.
The employment-at-will doctrine
exists in some form in every U.S. jurisdiction.
The Lanham Act allows the U.S. Patent and Trademark Office to reject a copyright if it is
immoral, deceptive, or scandalous matter.
Diversity of citizenship jurisdiction involves a case
in federal court with diverse parties and a controversy over $75,000.
The principal difference between in rem and in personam jurisdiction is
in rem jurisdiction involves property, in personam jurisdiction is over the parties to a dispute.
The three primary categories torts fall into are
intentional torts, negligence and strict liability.
Under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
international arbitration awards have wide enforceability in many nations.
Sarah and James have entered into an agreement where Sarah offered to sell her Camaro to James for $15,000 and James agreed to buy it for that price. This agreement is known as a/an
meeting of the minds.
Carla worked for Schmuckco and was fired. In retaliation, she downloaded several hundred pages of secret Schmuckco marketing plans for the upcoming year and sold them to HiTech, Inc., a competitor of Schmuckco. Carla has engaged in
misappropriation.
A breach of contract that is not material is known as a/an
partial breach.
If the U.S. Congress desires to establish an administrative agency, the correct method is for Congress to
pass an enabling statute.
The first step in the patent process is for a patent seeker to
perform a database search to ensure a similar invention is not protected
The World International Property Organization created an arbitration center in Switzerland for the arbitration of each of the following except
real estate.
Under the Americans with Disabilities Act, employers must make __________ accommodations for a disabled employee in the workplace.
reasonable
The main function of the World Court is to
settle legal disputes and give advisory opinions on legal questions.
Attempts by the government to regulate political speech by corporations are subject to
strict scrutiny.
Registration of a trademark is
subject to an approval process through the U.S. Patent and Trademark Office.
The contract for the lease of a fleet of delivery trucks, which would be considered equipment, to FedEx by Ford Motors would be governed by:
the Uniform Commercial Code.
Administrative law is
the body of law that defines, regulates and limits the exercise of authority of federal regulatory agencies.
Venue is
the determination of the most appropriate location for the dispute.
The color or shape of an item, if distinctive, is
trade dress.
The Institute of Ecolonomics seeks to create profitable business solutions that also serve environmental and societal concerns. These goals are an expression of what ethicists refer to as the _______.
triple bottom line