LAW 2221 Final Exam Study Guide

D) nominal damages

"Kirsten entered into a contract with Brando to remodel Brando's kitchen by June 1st, as he was putting his house on the market. The contract specifically states that the job was to be completed by June 1st. Kirsten completed the remodeling on June 5th. Max has suffered no loss due to the delay, as no prospective buyers came out to see his house in the first week it was on the market. The job was otherwise done exactly to all contract requirements and specifications. If Brando sues Kirsten for breach of contract due to the missed completion date and if the courts were to award damages, what type of damages would most likely be awarded? A) punitive damages B) consequential damages C) restitution D) nominal damages

C) a documented disability.

In order to qualify for an accommodation under the Americans with Disabilities Act, employees must have A) proof beyond a reasonable doubt of unlawful discrimination. B) sufficient evidence of at least three unlawful disability-related discriminatory actions by an employer. C) a documented disability. D) a disability, but not one so severe as to substantially limit major life activities.

B) honesty in fact in the conduct or transaction concerned.

In the UCC, good faith is defined as A) making a reasonable effort to avoid material misrepresentations in contractual dealings. B) honesty in fact in the conduct or transaction concerned. C) the absolute avoidance of all conflicts of interest or circumstances that could taint the commercial transaction. D) making a creditable effort to avoid compromising or prejudicing the other party's interests in a commercial transaction.

B) Good faith

Which of the following is required to prove substantial performance? A) The performance was perfectly tendered B) Good faith C) The innocent party suffered no losses at all D) The deviation between the performance delivered and the performance required under the contract was material

B) a venture capital firm.

Pete has met with a group of professional investors to raise funds for his new legal research technology company, Techlaw Pros. The professional investors focus exclusively on funding technology companies in the legal field and are demanding substantial control over Techlaw Pros through sitting on the board of directors. Pete is seeking money from A) equity bonders. B) a venture capital firm. C) a public offering. D) an issuance of public equity

C) Sixth Amendment.

The amendment that guarantees a speedy public trial is the A) Fourth Amendment. B) Fifth Amendment. C) Sixth Amendment. D) Eighth Amendment.

A) Fourth Amendment.

The amendment that requires probable cause to conduct searches and seizures is the A) Fourth Amendment. B) Fifth Amendment. C) Sixth Amendment. D) Eighth Amendment.

B) A novation.

Jeff purchased a new Corvette from Hypersports Automotive on a three-year lease. Two years in, he lost his job as marketing director and was unemployed. Jeff asked the leasing company if his friend Addie could substitute for him and take over the lease. If Hypersports allows Jeff out of the lease with no further obligations and Addie completely takes his place, what has occurred? A) An assignment. B) A novation. C) A delegation. D) An accord and satisfaction.

C) mislaid.

Iggy placed his guitar in a spot backstage, intending to retrieve it after the concert, but he forgot about it and headed back to the hotel later to party with other members of the band. Under the common law of found property, Iggy's guitar would be A) abandoned. B) lost. C) mislaid. D) treasure trove.

D) It is not a valid delegation because you may not delegate duties on a contract to a competitor of the nondelegating party.

In January, Strong Incorporated entered into a contract to be the sole supplier of a standard type of computer chip to Technik Industries, a laptop computer manufacturer in Houston. In June, Strong won the bid on a huge contract to be computer chip supplier to the Department of Defense and was unable to be the supplier of computer chips to Technik. Without seeking Technik's permission, Strong delegated the duties on the Technik computer chip contract to ProTech, a company that manufactured laptops and computer chips. Strong management believed this would be a perfect solution, as Protech was also based in Houston. What is the status of this delegation? A) It is a valid delegation unless there is an antidelegation clause in the original contract between Strong and Technik. B) It is a valid delegation because the manufacturing of standard computer chips does not involve special personal skills. C) It is not a valid delegation because you may not delegate any business-related duties without the explicit permission of the other party to the contract. D) It is not a valid delegation because you may not delegate duties on a contract to a competitor of the nondelegating party.

D) Rescission

Jennifer's complaining about a patently unfair employment contract she signed. She wants to be released from the terms of the contract, which states in the fine print that she must "Allow the company President to adopt her first-born child". Which of the following would describe the best course of action to get her out of the contract? A) A legal remedy for monetary damages B) Substance over form C) Specific performance D) Rescission

B) A state bankruptcy court that can only resolve bankruptcies within the state

A court of limited authority would best be described as: A) A state trial court of general jurisdiction based in a county that can only hear legal matters from within the state B) A state bankruptcy court that can only resolve bankruptcies within the state C) Neither of the answer choices involve courts of limited authority. D) All of the answer choices involve courts of limited authority.

C) a liquidation process that may be triggered by an event specified in the operating agreement.

A dissolution of a limited liability corporation (LLC) is A) the same process as a dissociation. B) determined by the statement of qualification. C) a liquidation process that may be triggered by an event specified in the operating agreement. D) a formation process by which the LLC is established under the operating agreement.

A) indictment

A grand jury will issue a[n] ________ if its investigation indicates that a defendant should be held over for trial. A) indictment B) information C) warrant D) summons

C) profits are taxed after they are distributed to individual partners.

A pass-through entity is one in which A) the partners have no liability for business debts. B) corporate taxes must be paid. C) profits are taxed after they are distributed to individual partners. D) there is no joint and several liability.

B) Substantive law, Procedural law

A surgeon accidently severed a nerve in Miranda's back during surgery so she now has numbness in her left leg. Miranda sued to get compensation for her pain and suffering and additional medical expenses as a result of alleged malpractice. The malpractice statute in her state gave her two years from the time she "knew or should have known of the injury" to file a lawsuit. What type of law is the malpractice statute that gives her the right to sue and what type of law is the statute that determines that she has two years to file her claim? A) Private law, Public law B) Substantive law, Procedural law C) Procedural law, Substantive law D) Compensatory law, Punitive law

C) an alien corporation.

Abli is a grocery store chain incorporated in Germany. If Abli opens up several stores and conducts business in several states in the United States, Abli, Incorporated would be characterized as A) a domestic corporation. B) a foreign corporation. C) an alien corporation. D) a native corporation.

D) All of the answer choices are correct

According to the text, which of the following does the system of law in the United States provide for? A) Good faith dealings between merchants and consumers B) Equality C) Consistency D) All of the answer choices are correct.

A) Yes, because this is a bargained-for exchange and has adequate consideration.

Allie, a 24-year-old graduate accounting student, entered into a written agreement with her father to give up drinking until she completed her master's degree. Her father agreed to pay her $100,000 if she did so. Does Allie have a right to collect if she lives up to her end of the bargain? A) Yes, because this is a bargained-for exchange and has adequate consideration. B) Yes, because giving something up always creates legal forbearance. C) No, because giving up drinking is inadequate consideration for $100,000. D) No, because Allie did not give anything to her father, thus there was no legally valid exchange.

C) it is not subject to corporate income taxation.

An advantage of a sole proprietorship is A) limited liability. B) it has unlimited options for raising money. C) it is not subject to corporate income taxation. D) they tend to be relatively large in assets and revenues.

B) easement by grant.

An easement written in a deed is called an A) easement by necessity. B) easement by grant. C) easement by implication. D) easement by prescription.

A) Labor and management to negotiate in good faith.

The National Labor Relations Act requires which of the following? A) Labor and management to negotiate in good faith. B) Union presidents must be given a seat on their company's Board of Directors. C) Management of a company to concede to reasonable union demands for higher wages. D) Unions to concede to management's reasonable demands for lower worker benefits.

B) Congress may set limits and conditions on federal spending

The Necessary and Proper Clause holds that A) state officials may do whatever they think necessary and proper to arrest a criminal suspect. B) Congress may set limits and conditions on federal spending C) The president may do whatever is necessary and proper to exercise executive powers. D) All of the answer choices are correct.

B) Fifth Amendment.

The Takings Clause is found in the Constitution's A) First Amendment. B) Fifth Amendment. C) Eighth Amendment. D) Fourteenth Amendment.

A) setting bail.

The adjudicative phase of the criminal justice process includes each of the following components except A) setting bail. B) entry of plea by the defendant. C) the filing of an indictment or information. D) sentencing.

A) Fourth Amendment.

The amendment requiring that an arrest warrant may not be issued without probable cause is the A) Fourth Amendment. B) Fifth Amendment. C) Sixth Amendment. D) Eighth Amendment.

C) potential liability for acts of other general partners or the debts of the partnership itself.

Limited liability partnerships (LLPs) are created by states in large part to deal with the A) issue of general partnerships only allowing three or fewer members. B) fact that general partnerships do not permit different partnership rights for different members. C) potential liability for acts of other general partners or the debts of the partnership itself. D) tax consequences of general partnerships, which tax partners at higher corporate tax rates.

B) Consider the nature and level of the information exchange to determine if minimum contacts with the customer forum were established.

Marcus is CEO of Marc-Tech, a high-tech startup company that develops software out of New York. He designed a website to gain name recognition for his company and promote sales. While customers cannot purchase Marc-Tech's products directly over the internet, the website does allow customers to interact by exchanging information, such as their personal contact data and the contact information of Marc-Tech's regional sales managers, which a customer can email to order products. Under these circumstances, under the Zippo sliding-scale test, what will a court do to determine whether a customer from California whose network was allegedly crashed by Marc-Tech software may sue Marc-Tech in their home state of California? A) Ask if it was reasonably foreseeable that Marc-Tech's actions could have an injurious effect on the customer in California. B) Consider the nature and level of the information exchange to determine if minimum contacts with the customer forum were established. C) Apply a totality test. D) Rule that Marc-Tech may be sued in California, as a company may always be sued in the home state of a customer if the product may be purchased online.

C) At tax time, Mylie pays taxes on $200,000.

Mylie has a clothing store as a sole proprietorship. Her shop has a net income at the end of the year of $200,000. She took a salary from this of $60,000. The remaining money is left in her bank account. A) At tax time, the business pays taxes on $200,000, and Mylie pays taxes on $60,000. B) At tax time, the business pays taxes on $200,000. C) At tax time, Mylie pays taxes on $200,000. D) At tax time, the business pays taxes on $140,000, and Mylie pays taxes on $60,000.

D) disparate impact regarding women.

Nebraska Northern University requires that all police officers in the university force be capable of bench pressing at least 200 pounds and be at least 5 feet 10 inches tall. This requirement creates A) no unlawful discrimination because physical requirements for law enforcement are automatically bona fide occupational qualifications. B) disparate impact regarding men. C) disparate treatment regarding women. D) disparate impact regarding women.

B) Both Shelby and Quick-E-Pizza are liable.

Shelby is a pizza delivery driver for Quick-E-Pizza. One day Shelby negligently failed to close her delivery truck's passenger door while stacking up six pizzas for delivery in the passenger seat. When she took a corner a little too fast, the pizzas flew out the door, tumbling into a busy intersection. A pizza splatted on Manuel's front window and he swerved out of control and crashed into a food truck, causing thousands in damages and physical injuries. Which of the following is correct of liability for the damages? A) Shelby, but not Quick-E-Pizza, is liable. B) Both Shelby and Quick-E-Pizza are liable. C) Quick-E-Pizza, but not Shelby, is liable. D) No one is liable; it was an accident.

D) Theo, a 65-year-old man, was replaced by Prescott, a 50-year-old man.

The Age Discrimination in Employment Act (ADEA) would most likely apply to which of the following situations? A) Stanley, a 60-year-old manager, was replaced with Jeffrey, a 57-year-old man. B) Quintilla, a 35-year-old woman, who was replaced as an attorney by Ricardo, a 45-year-old man. C) Carlotta, a 41-year-old woman, was replaced by Shep, a 36-year-old man. D) Theo, a 65-year-old man, was replaced by Prescott, a 50-year-old man.

C) women receive the same pay as men for substantially equal work.

The Equal Pay Act requires that A) people of all races receive equal pay for the exact same work. B) people of all ages receive equal pay for substantially equal work. C) women receive the same pay as men for substantially equal work. D) employers offer equal pay to all employees who work in the same class of jobs.

C) Duty of due care

William is a director of National Cars, Incorporated. He understands that he should act in good faith and behave as a reasonably prudent person would under the circumstances in his dealings related to his position with National Cars. Which duty does this encompass? A) Duty of loyalty B) Duty of prudence C) Duty of due care D) Duty of independence

C) document signed by each principal to dispose of necessary tasks such as electing directors or issuing stock

A unanimous consent resolution is a/an. A) consent that occurs among shareholders at annual meetings of publicly held corporations. B) resolution signed by all shareholders in a publicly held corporation that disposes of tasks such as electing directors or issuing stock C) document signed by each principal to dispose of necessary tasks such as electing directors or issuing stock D) document that establishes the respective roles of officers in a publicly traded corporation.

C) The price will be the reasonable price at the time the goods are delivered.

Best Computers (BC) and Advanced Designs (AD) entered into a contract for BC to purchase 500 computer monitors from AD. There was no mention of the price in the contract. Which of the following is true of this contract? A) It will be void because under the UCC, price is a required term of the contract. B) The price will be the reasonable price at the time the contract was entered into. C) The price will be the reasonable price at the time the goods are delivered. D) The price is determined by the court's applying a reasonable price at whatever time the court deems appropriate to reach a fair result.

C) College graduation required

Big Dawg Bar & Grill placed an advertisement in the online university newspaper. Jake, the owner, wanted a new manager for the restaurant. Which of the following in their advertisement would be least likely to be considered discriminatory? A) Young managers wanted B) Recent university graduates only C) College graduation required D) Former waitresses preferred

B) Craig wins under the doctrine of negligent hiring.

Big Manufacturing was interviewing Blondell for a position as a production line manager. He had excellent references for working hard and competence, but one of his references told the hiring supervisor that Blondell had a temper and seemed like he was always "ready to explode." Since Big Manufacturing needed a manager fast, they took their chances and offered Blondell a job. Within a month after being hired, Blondell screamed at a group of tourists visiting the factory and punched Craig, a man who shouted back at him. Craig sued Big Manufacturing for his injuries. What result? A) Craig wins under the doctrine of negligent retention. B) Craig wins under the doctrine of negligent hiring. C) Big Manufacturing wins because Blondell was involved in a detour. D) Big Manufacturing wins because Blondell was involved in a frolic.

C) eight months

Although it may vary due to the nature of the case, generally a delay of more than ________ is presumptively an unconstitutional violation of a defendant's right to a speedy trial. A) four months B) six months C) eight months D) ten months

C) a law that criminalizes an act that occurred before the law was enacted.

Anex post facto law is A) a criminal law that takes effect at some specified time in the future. B) a state criminal law that conflicts with a federal criminal law and is overruled by the federal law. C) a law that criminalizes an act that occurred before the law was enacted. D) a criminal law that is based on federal common law.

D) It is a civil case and the standard of proof is preponderance of the evidence.

Baker stole $5,000 from Mindy, his ex-girlfriend. He was sued in court for the theft by Mindy. What is the classification of this case and what will be the standard of proof that will apply? A) It is a criminal case and the standard of proof is beyond a reasonable doubt. B) It is a criminal case and the standard of proof is preponderance of the evidence. C) It is a civil case and the standard of proof is beyond a reasonable doubt. D) It is a civil case and the standard of proof is preponderance of the evidence.

B) design

Basic Technologies manufactured an engine that was used in small airplanes. The engineers specified B-grade wiring to be used in the engine. When Bonnie flew an airplane with a Basic Technologies engine, the wiring failed and the plane crashed, injuring her. Bonnie claimed that the plane should have had the more heavy-duty A-grade wiring on the engine. Bonnie is claiming which of the following products liability defects? A) manufacturing B) design C) marketing D) warranty

D) 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 A) a conspiracy. B) a Ponzi scheme. C) racketeering. D) embezzlement.

D) The lawsuit may proceed against Marvelle because the company is strictly liable for a supervisor's action if it results in a tangible employment action, such as termination.

Benji was a supervisor in the warehouse at Marvelle Corporation. Benji put up pictures of nude women in his office and often called women co-workers into his office where he would make crude sexual comments to them. When Starla refused to come to his office he fired her. Starla sued Marvelle for sexual harassment. Marvelle senior management had no knowledge of Benji's behavior. What result? A) The lawsuit may not proceed because Starla cannot prove that Marvelle senior management approved of the harassment. B) The lawsuit may not proceed against Marvelle, as it was committed by Benji. Starla's lawsuit should be against Benji only. C) The lawsuit may proceed against Marvelle because the company is strictly liable for all actions of supervisors. D) The lawsuit may proceed against Marvelle because the company is strictly liable for a supervisor's action if it results in a tangible employment action, such as termination.

D) All of the answer choices are correct.

Harriet's Hats ordered 1,000 red hats from Gary's Retail Supply. Gary's sent 1,000 blue hats by mistake. Under the UCC, which of the following options does Harriet's have? A) Reject the entire shipment of blue hats within a reasonable time. B) Accept all of the blue hats as is. C) Accept part of the blue hats and reject the rest within a reasonable time. D) All of the answer choices are correct.

D) DeCosters were found guilty because the court recognized that when 56,000 people are injured, the corporate officers will always be responsible.

In U.S. v. DeCoster, the defendants' company suffered from an extremely serious salmonella contamination that affected up to 56,000 victums. Peter and Jack DeCoster, defended, saying they had adopted all of the recommendations and precautions but it failed to eradicate salmonella, therefore they were not culpable. Which of the following was the result? A) The DeCosters were found guilty because they knew or should have known of the risk presented to the public. B) DeCosters were found not guilty because they recognized the problem and instructed employees to control the problem by doing what was done at another plant. C) DeCosters were found not guilty because they attempted to correct the problem, thus making senior management not liable. D) DeCosters were found guilty because the court recognized that when 56,000 people are injured, the corporate officers will always be responsible.

A) The contract is void, Carla loses.

Merv is a bulldozer operator. He was hired by Carla to fill in a swampland on her property and they signed a contract for him to do it on March 1st. On February 28th, Merv is informed by a city official that the swampland Carla wanted filled in is protected wetlands and it would violate environmental law to do the job. If Merv then calls Carla telling her the deal is off and Carla threatens to sue for breach of contract, what result? A) The contract is void, Carla loses. B) The contract is voidable, Carla loses. C) The contract is valid as there was offer and acceptance, Carla wins. D) The contract is valid as it was bilateral, Carla wins.

A) sit-in strike

Mikael, a union boss who was angry that his employer reduced benefits and refused to raise wages, organized several employees in his union to occupy the employer's building for the purposes of stopping work. This action is known as a/an A) sit-in strike B) wildcat strike C) lockout D) secondary boycott

A) The attorney general/district attorney's case was a criminal case; Jane's lawsuit was a civil case.

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. A) The attorney general/district attorney's case was a criminal case; Jane's lawsuit was a civil case. B) The attorney general/district attorney's case was a civil case; Jane's lawsuit was a criminal case. C) Both cases are criminal. D) Both cases are civil.

B) mens rea

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 consequence of the action and knowingly committed the crime. The malice aforethought would be the __________________. A) actus reus B) mens rea C) voir dire D) indictment

A) actus reus.

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 A) actus reus. B) mens rea. C) voir dire. D) indictment.

D) the buyer may sue the carrier, but not the seller, for its loss.

Savannah Creations contracted to sell $10,000 of coastal Georgia style crafts to Big City Retailing in New York City. The crafts were to be shipped by truck from Georgia to New York. No other shipping terms are indicated. If the truck catches on fire during the trip and all the goods are destroyed A) the buyer may sue the seller, but not the carrier, for its loss. B) the seller may sue the carrier because the seller maintained the risk of loss and the right to sue for losses. C) the buyer may sue both the seller and the carrier for its loss. D) the buyer may sue the carrier, but not the seller, for its loss.

C) Shell will be required to reimburse Quintin for the cost of the fluid based on implied authority stemming from his express authority to drive the truck.

Quintin works as a telephone lineman for Shell Telephone. While driving to a job site, he noticed the truck's power steering was making a bit of noise. Quintin stopped and checked the power steering fluid gauge, which registered as low. He then bought some power steering fluid for $5 at Auto Parts Emporium, added it, which was a simple operation not requiring a mechanic, and the truck worked fine thereafter. If Quintin seeks reimbursement for the fluid, is Shell required to provide it? A)Shell is not required to reimburse Quintin unless he had been given the express written authority to purchase the fluid before starting the delivery. B) Shell is not required to reimburse Quintin unless he phoned in and asked for and was granted permission to purchase fluid. C) Shell will be required to reimburse Quintin for the cost of the fluid based on implied authority stemming from his express authority to drive the truck. D) Shell will be required to reimburse Quintin because apparent authority gives him the right to buy fluid when needed.

B) the officers.

Rodriguez Distributing recently landed a huge account with Big Grocery Retailer. Rodriguez needs to hire 50 new warehouse employees. This decision to hire new employees would be made by A) the shareholders. B) the officers. C) the board of directors. D) the board of directors with the consent of the officers.

C) individual returns and are deductible.

Losses incurred by a limited liability partnership (LLP) are reported on the partners' A) state LLP corporate tax returns. B) state and federal LLP corporate tax returns. C) individual returns and are deductible. D) individual returns and are not deductible.

D) Actively seek new employment as soon as possible

Shelby was offered a job by Cheatco and she signed an employment contract. She quit her current job, which was quickly filled by her previous employer, and packed up her apartment and moved to the city where the Cheatco job was located. When she arrived at Cheatco headquarters, the executive who had offered her the job told her the deal was off. How can Shelby best mitigate her damages? A) File her lawsuit as soon as possible while the evidence is available and witnesses' recollections are fresh B) File for unemployment insurance as quickly as possible so that she doesn't sink too far into debt C) Protest outside the Cheatco headquarters to pressure them to give her the job D) Actively seek new employment as soon as possible

C) not in violation of the FCPA because the bribe was not to a government official.

Shelly was vice president of international sales for Techco, a private U.S. corporation. She was on a sales trip to Zimbabwe to land a contract to provide computers to the Zimbabwean government. While there, she gave a bribe of $50,000 to Anesu, a sales representative for Afritech, a private corporation, in exchange for Anesu withdrawing her bid on the contract so that Shelly could win. With respect to the Foreign Corrupt Practices Act (FCPA), under these circumstances, Shelly is A) in violation of the FCPA. B) not in violation of the FCPA because the bribe was made in a foreign country. C) not in violation of the FCPA because the bribe was not to a government official. D) not in violation of the FCPA because the bribe was not high enough to qualify as a bribe under the act.

C) Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal.

Shirley owned a lion which she kept on a thick chain in her backyard. She took several precautions to protect people in the neighborhood, including building a high fence around her yard and putting up several signs that said "Beware of lion. No trespassing." In spite of the precautions she took, Darby managed to climb the high fence, ignored the signs and jumped into her backyard. Darby was mauled by the lion and managed to escape with serious injuries. Darby sued Shirley for his injuries. What is the likely result? A) Shirley wins because Darby assumed the risk of injury. B) Shirley wins because she took reasonable precautions to prevent injuries. C) Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal. D) Darby wins because a tortfeasor is always liable for any damages that occur to one harmed as a direct or indirect result of their activities.

A) at the time and place that delivery occurs.

Stewart's Submarines contracts with Brando's Battery Supply (BBS) to purchase 100 batteries. There is no provision in the contract stating when the payment is to be made for the batteries that are delivered by BBS. The UCC requires that payment be made in full A) at the time and place that delivery occurs. B) within a reasonable period of time after delivery occurs. C) within 10 days of the time and place that delivery occurs. D) within 30 days of the time and place that delivery occurs.

A) National Labor Relations Act.

Unions were originally permitted to use economic weapons in the collective bargaining process under the A) National Labor Relations Act. B) Labor Management Relations Act. C) Labor-Management Reporting and Disclosure Act. D) Fair Labor Practices Act.

A) the determination of the most appropriate location for the dispute.

Venue is A) the determination of the most appropriate location for the dispute. B) the court's authority to decide a case based on the subject matter of the dispute. C) the court's authority over the parties to the dispute. D) the determination of whether the case is to be held in federal or state court.

A) be convicted of a crime based on the responsible corporate officer doctrine.

Washington was the CEO of Shadyco, a company that sold vegetables wholesale to restaurants. He was in charge of ensuring that the operations ran smoothly and that the products were kept in a safe condition. Washington paid little attention to the day-to-day operations of his company's five warehouses and as a result, the food became contaminated and several people got food-borne illnesses. However, Washington had no knowledge of the unsafe condition of the food and no intent to contaminate anyone. Under these circumstances, Washington may A) be convicted of a crime based on the responsible corporate officer doctrine. B) be convicted of a crime based on malice theory. C) not be convicted of a crime as he lacked the required negligence. D) not be convicted of a crime as he lacked the required intent.

A) breaching the contract.

When a party to an agreement owes a duty to perform and fails to fulfill her obligation, this is known as A) breaching the contract. B) anticipatory repudiation. C) consequential repudiation. D) imperfect reformation.

C) consent.

When an agent agrees to act for the principal, this is known as A) manifestation. B) assertion of control. C) consent. D) apparent authority.

C) Launch a marketing campaign against unionizing efforts.

Which of the following activities would management be permitted to do under federal law? A) Threaten to demote shift supervisors to laborers if they vote to form a union. B) Threaten to cut off annual employee bonuses if they vote to form a union. C) Launch a marketing campaign against unionizing efforts. D) Prohibit employees from distributing pro-union literature during their unpaid lunch hour in the corporate cafeteria.

C) The obligations of a corporation are distinct from the obligations of its principals.

Which of the following statements is correct? A) Corporations are governed by federal law and are created by filing with a federal agency. B) The most common type of corporation in the U.S. is a publicly held corporation. C) The obligations of a corporation are distinct from the obligations of its principals. D) Corporations may not file lawsuits.

C) There are no federal common law crimes.

Which of the following statements is true? A) All U.S. states have adopted the Model Penal Code in whole or in part. B) State and federal criminal law may not coexist due to federal preemption limitations. C) There are no federal common law crimes. D) State criminal statutes and federal criminal statutes may not outlaw identical or substantially identical conduct.

D) The authorization to the president of the United States to suspend a strike in times of national emergency.

Which of the following was a provision of the Labor Management Relations Act of 1947? A) The formation of the National Labor Relations Board. B) General protections for workers to strike. C) The right of workers to organize and engage in collective bargaining. D) The authorization to the president of the United States to suspend a strike in times of national emergency.

B) Research indicates that management working cooperatively with attorneys will add value to the business.

According to the textbook, which of the following statements about corporate strategy with legal counsel is/are true? A) It is considered a sound strategy for a corporation to rely exclusively on attorneys to drive the legal decision-making process because they are the experts in the law and will generally understand the business side of things better than many corporate managers. B) Research indicates that management working cooperatively with attorneys will add value to the business. C) If one can understand the fundamentals of legal theory and how they impact a business, this is all that is needed to be able to understand how legal decisions should be made in a business context. D) All of the answer choices are correct.

B) precedent

After finishing an internship while a student, Danielle received an offer for employment as a staff tax accountant for Lincoln, Roosevelt and Reagan, CPAs, to start on August 1st, after she finished her master's degree in accountancy. Included in the contract was the following provision: "This contract shall be cancelled if the prospective employee fails to pass the CPA exam prior to the start date of employment." Which of the following types of conditions is this provision? A) antecedent B) precedent C) subsequent D) concurrent

A) Common law.

Alexis, a lawyer, entered into a contract to perform consulting work with Technology Associates, a software development corporation. This agreement is governed by what source of law? A) Common law. B) Statutory law. C) The Uniform Commercial Code. D) Law at equity.

B) partially disclosed agency.

Bev knew that when she was dealing with Kirsten that Kirsten was representing another party in a land purchase, but she did not know whom. This type of agency is a/an A) undisclosed agency. B) partially disclosed agency. C) gratuitous agency. D)disclosed agency.

B) partially disclosed.

Botha is a rich art collector and corporate executive who wants to remain anonymous in a purchase of a Van Gogh painting. He has Francine, an executive in his corporation, negotiate for the purchase of the painting, which is being sold by Northaby's Art Sales. Francine reports directly to Botha and is supervised directly by him. Botha instructed Francine to tell Northaby's that she represents an art collector who will go unnamed. The agency would be described as A) disclosed. B) partially disclosed. C) undisclosed. D) indemnified.

A) A duty of care and a duty of loyalty.

Carlton was a director of Rich Financial, Incorporated. Which of the following are duties that Carlton owes to Rich Financial? A) A duty of care and a duty of loyalty. B) A duty of business judgment and a duty of obedience. C) A duty of private interest and a duty of rational belief. D) A duty of rationality and a duty of independence.

A) running a Ponzi scheme.

Charles set up a fraud scheme in which he promised investors huge returns that other investments could not match, but actually paid returns to investors from money paid by subsequent investors and pocketed the rest. Charles is A) running a Ponzi scheme. B) running an insider trading scam. C) engaged in a conspiracy. D) skimming.

D) Beyhanna should not win because Ramone did not act with malice, an essential element of a defamation claim against a public figure.

Cindy verbally told a number of lies about Beyhanna, a diva recording star. These lies included that she was regularly using illegal drugs. One of the people Cindy told the lies to, Ramone, worked for Beyhanna's record label and Ramone went straight to the president of the record label and verbally told him about the drug use story that he had heard. While Cindy's stories were lies, they sounded compelling to Ramone and would have convinced the average reasonable person of their truthfulness. Beyhanna was fired by the record label as a direct result of the lies and lost out on a recording contract worth $5 million. If Beyhanna sues Ramone for defamation, what result? A) Beyhanna should win because this was an untrue statement that was disseminated and did her damages. B) Beyhanna should not win because this was not literally published, it was only spoken by Ramone and Cindy, thus it does not give rise to a claim for damages. C) Beyhanna should not win because Ramone has immunity from a defamation claim because she is employed by the organization that fired Beyhanna. D) Beyhanna should not win because Ramone did not act with malice, an essential element of a defamation claim against a public figure.

A) disparate treatment discrimination.

Clarissa is a high school football referee. She recently won the referee of the year award for her state for her consistent excellence. She applied to referee university games and her application was denied. She was told by the head of referees that it was not proper to have women as referees and that the men on the teams would not respect her, leading to chaos on the field. Clarissa is the victim of A) disparate treatment discrimination. B) mixed motives discrimination. C) disparate impact discrimination. D) pretextual discrimination.

D) No, he has absolute privilege as a government official during debate.

Congressman Foghorn was addressing fellow members of Congress during a debate and said of his rival Congresswoman Bombast: "Bombast is a liar and spy for the Russians!" Bombast said this because he specifically wanted to damage Bombast's reputation, and even though he did not know it was a lie, he had a reckless disregard for the truth because his source for the rumor, Sam Shady, was notorious for lying. Bombast was harmed and was not re-elected. Is Foghorn guilty of defamation? A) Yes, he has committed slander and malice was present. B) Yes, he has committed libel and malice was present. C) No, there was no malice as Foghorn did not specifically know it was a lie. D) No, he has absolute privilege as a government official during debate.

A) sole proprietorship.

Danielson opened a business in which she had unlimited liability and could avoid annual filing requirements. Danielson likely ran a business known as a A) sole proprietorship. B) corporation. C) general partnership. D) limited partnership.

A) The court will allow her to cancel the agreement on grounds of unilateral mistake.

Darnell, a professor, entered into a contract with Felicity, a 22-year-old graduate student, for Felicity to proofread and correct the grammar in his new textbook. Felicity dropped off a contract at Darnell's office, but she made a mistake and accidentally wrote 15 cents an hour rather than 15 dollars an hour for her services, then signed the contract. Darnell noticed the error, signed the contract also, and now is trying to hold Felicity to the 15 cent amount. What would be the likely result and why if Felicity goes to court to get out of the agreement? A) The court will allow her to cancel the agreement on grounds of unilateral mistake. B) The court will allow her to cancel the agreement on grounds of bilateral mistake. C) The court will not allow her to cancel the contract because nominal consideration is valid. D) The court will not allow her to cancel the contract because a mistake is no grounds for getting out of a contract.

D) All of the answer choices are correct

Donovan works for a corporation as general legal counsel. Which of the following would be typical of the duties that a person in his position would perform in the U.S. legal system? A) Managing one or more associate attorneys B) Selecting and Supervising lawyers from outside law firms C) Being a corporate officer of the company, called a secretary D) All of the answer choices are correct

B) transaction costs.

Dramond owned several thousand acres of farmland in South Carolina. The costs involved with monitoring and enforcing his property rights are known as A) exclusive costs. B) transaction costs. C) enforcement costs. D) regulatory costs.

B) a house.

Each of the following is personal property except A) a car. B) a house. C) a computer. D) business inventory.

C) Elizabeth was on a detour, so BBHS is liable.

Elizabeth works as a delivery driver for Big Box Hardware Store (BBHS) and picks up a load of metal barn roofing to deliver to a customer. Elizabeth is told by her manager to take a certain route to deliver the roofing. While driving to the location, Elizabeth decides to drive a half mile out of her way to pick up some food at Taco Palace. Elizabeth does not call BBHS to ask for permission to get tacos. On the way to Taco Palace, Elizabeth rear ends Jake's car, giving him whiplash and totaling his car. Jake sues BBHS. What result? A) BBHS is not liable because Elizabeth was on a detour. B) BBHS is not liable because Elizabeth was on a frolic. C) Elizabeth was on a detour, so BBHS is liable. D) Elizabeth was on a frolic, so BBHS is liable.

D) the property was taken for a public use and they paid just compensation.

Eminent domain requires that the government demonstrate that A) they provided alternative land options to the landowner and engaged in fair use. B) the property taken was for an environmental purpose and they paid just compensation. C) the zoning was not overbroad and they paid just compensation. D) the property was taken for a public use and they paid just compensation.

B) fruit of the poisonous tree.

Evidence obtained from an illegal search may not be used against the defendant. This is called A) flower of the unlawful fruit. B) fruit of the poisonous tree. C) bloom of the illegal bush. D) sticker of the criminal shrub.

D) twelve months or more of incarceration.

Felonies generally are punishable by A) three months or more of incarceration B) six months or more of incarceration. C) nine months or more of incarceration. D) twelve months or more of incarceration.

B) This is an express, bilateral and void contract.

Flick entered into an oral agreement with Ralphie where he agreed to sneak out at night and spray paint graffiti on the walls of Warren G. Harding Elementary School in consideration of $25. The two negotiated over the price and Flick finally agreed to do it when Ralphie "double dog dared" him. With respect to the laws of contracts, which type of contract is this? A) This is an implied, unilateral and void contract. B) This is an express, bilateral and void contract. C) This is an implied, bilateral and void contract. D) This is a quasi, unilateral and voidable contract.

C) the defense of duress.

Fran was walking down the sidewalk when she was approached by Sherm, who held a gun to her head and threatened to shoot her if she did not break into a car and steal a computer he saw inside. Fran did so and was arrested when her fingerprints were later found on the car. Under these circumstances, Fran has A) the defense of a lack of actus reus. B) the defense of self-defense. C) the defense of duress. D)no defense, as she committed the crime, but the circumstances will be considered in sentencing under her state's sentencing guidelines.

A) expiration.

Frosty and Sunny agreed to an agency agreement where Frosty would work for Sunny from January 1 until April 1. On April 1, the agency will terminated by A) expiration. B) revocation. C) operation of law. D) destruction of the essential subject matter.

C) They must send a written confirmation, in either hard copy or electronic form, to Golfco that confirms the correct quantity and price.

Golfco ordered 5,000 boxes of golf balls from Golfer's Supply for a total wholesale price of $100,000. The order was by phone and there was no written contract between Golfco and Golfer's Supply. What must Golfer's Supply do to make this a binding contract under the UCC? A) They need do nothing, a phone conversation is sufficient in all circumstances to establish a binding contract under the UCC. B) They must send a written contract on paper within one business day that is signed by authorized Golfco representatives. C) They must send a written confirmation, in either hard copy or electronic form, to Golfco that confirms the correct quantity and price. D) There is nothing they can do, as a phone conversation for the sale of goods over $500 has no legal authority under the UCC, regardless of what Golfer's Supply did thereafter.

B) wildcat strike.

Goss led a large group of employees in his union to go on a strike for one day, but without the permission of his union. This is known as a/an A) sit-in strike. B) wildcat strike. C) secondary boycott. D) lockout.

B) disparate treatment.

Gracie is African American and has applied for a management job at Big Box Store (BBS), a large corporation. BBS has a workforce that is roughly 35% African American, 30% Hispanic, 20% Asian and 15% white. This closely approximates the workforce available to BBS, although African Americans and Hispanics are slightly overrepresented. Gracie is turned down for the job and is told that BBS has too many African Americans so she couldn't be hired. She is a victim of A) mixed motives discrimination. B) disparate treatment. C) affirmative action. D) disparate impact.

D) $100,000, the total amount of the judgment.

Grady formed a sole proprietorship, Grady's Auto Paint Specialties (GAPS). He was hired by Redding to touch up the original paint on his rare collectible Ferrari. Grady negligently ruined the original paint job, reducing the value of the car by $100,000. Redding is suing Grady for the full amount. GAPS has only $60,000 in total assets. Assuming he wins his case and gets a judgment for the full $100,000, what amount can Redding collect? A) Nothing, as a sole proprietorship offers absolute protection from liability. B)$40,000, the difference between the total judgment and the amount in assets in the sole proprietorship. C) $60,000, the total in assets in the sole proprietorship. D) $100,000, the total amount of the judgment.

A) First Amendment Free Speech

Graphic Games, a video game developer, had its latest game "Mega Zombie Kill" banned for sale in Iowa to children under the age of 18 pursuant to a new Iowa law restricting the sales of games featuring extreme violence. Graphic Games challenged this action in court on grounds that it was unconstitutional. Which of the following would be the best constitutional theory for Graphic Games to pursue? A) First Amendment Free Speech B) Fourteenth Amendment Equal Protection C) Substantial relationship test D) There are no valid constitutional grounds for Graphic Games to challenge this law, because Iowa has unrestricted rights to regulate in the interests of the public health, safety and welfare.

A) It maintains a sales agent with a small satellite office in Carson City, Nevada.

High Sierras, LLC is incorpated in Nevada, but is headquatered near Squaw Valley in Nothern California. High Sierra could be sued in Nevada for it's alleged defective product if: A) It maintains a sales agent with a small satellite office in Carson City, Nevada. B) It runs radio ads advertising its product on a Las Vegas radio station. C) It sales representatives regularly fly out of Reno, Nevada when heading out on business trips. D) Sells its products to Nevada residents using the USPS for delivery.

C) res ipsa loquitur

Hillary took her motorcycle to a mechanic, Kenneth, to repair a leaking tire. She picked up the motorcycle and was riding home when the tire that had been repaired suddenly deflated and Hillary crashed into a parked car, suffering broken bones. Hillary cannot prove exactly what Kenneth may have done wrong, but the tire should not have deflated if he had installed it properly. Which of the following doctrines should Hillary base her claim upon? A) nonfeasance B) misfeasance C) res ipsa loquitur D) negligence per se

D) Miranda was questioned in a police interrogation room and the Court deemed the setting too coercive, particularly since he did not know his rights, and even though he was not forced to talk by the police, his confession was therefore not truly voluntary.

In Miranda v. Arizona , Miranda's voluntary confession was suppressed because A) Miranda asked for an attorney but was questioned before the attorney arrived. B) Miranda spoke such poor English that he did not fully understand his rights as told to him and an interpreter was not provided. C) Miranda spoke English but did not read English, so he did not understand that the document he signed was a confession. D) Miranda was questioned in a police interrogation room and the Court deemed the setting too coercive, particularly since he did not know his rights, and even though he was not forced to talk by the police, his confession was therefore not truly voluntary.

D) no defamation tort.

Jill was very angry at Axel. She summoned him to her office and told him that he was a terrible employee and had been stealing money from the company. There was no one else in the office at the time, but Axel was very offended as Jill was intentionally lying about him. Jill has committed A) libel. B) disparagement. C) slander. D) no defamation tort.

A) Jumping Jeff's bears the risk of loss.

Jumping Jeff's Trampolines, in Nashville, contracted with Bouncing Betty's Toys to ship 50 trampolines to Bouncing Betty's retail store in Miami to be dropped off at her store's loading dock. If the truck carrying the trampolines is destroyed in a fire on the way from Jumping Jeff's to Bouncing Betty's, exactly 75% of the way through the trip, who bears the risk of loss if goods are to be shipped FOB Miami loading dock? A) Jumping Jeff's bears the risk of loss. B) Bouncing Betty's bears the risk of loss. C) Both Jumping Jeff's and Bouncing Betty's bear the risk of loss equally. D) Jumping Jeff's bears 25% of the risk of loss and Bouncing Betty's bear 75% of the risk of loss.

A) Specific performance

LaQuisha paid Francis for an original Jean-Michel Basquiat painting, but while he accepted her money, he has not given her the painting. Which of the following equitable remedies would be appropriate for LaQuisha to use in her legal proceeding against Francis to compel him to turn over the painting? A) Specific performance B) Injunction C) Rescission D) All of the equitable remedies listed would be appropriate.

B) 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 A) ordering her secretary to lie if she is questioned. B) refusing to answer questions and invoking the Fifth Amendment. C) shredding her personal calendar and appointment book. D) changing some figures on documents used to support filed financial statements.

A) $0

Marianne was a computer programmer making almost $170,000 a year at a rate of $80 an hour for Big Tech. Ginger, her boss, demanded that she work 100 hours of overtime over the next month until a large project was complete. Marianne believes she is entitled to 100 hours of overtime pay. Under the Fair Labor Standards Act, how much overtime pay is she entitled to? A) $0 B) $8,000 C) $12,000 D) $16,000

B) Emily is an intended beneficiary and she has the right to enforce the contract.

Mattie wanted to purchase a car for her daughter Emily's 16th birthday. She purchased the car at the dealer and ordered delivery on the day of Emily's birthday, when Mattie would be out of the country on a Himalayan expedition and unable to be reached by phone. What type of beneficiary is Emily and does she have rights to enforce the terms of the contract in Mattie's absence? A) Emily is an incidental beneficiary and she has the right to enforce the contract. B) Emily is an intended beneficiary and she has the right to enforce the contract. C) Emily is an incidental beneficiary and she does not have the right to enforce the contract. D) Emily is an intended beneficiary and she does not have the right to enforce the contract.

C) a reversion

Mia has written a deed that says, "To Chelsea for life, and upon her death the property shall go back to me." What kind of interest does Mia have in the property upon Chelsea's death? A) a repudiation B) a redemption C) a reversion D) a retention

C) Precious wins as there was no exchange of consideration.

Precious, at a private party, agreed to sell LaStarshae her new Gucci purse for $2,000. LaStarshae asked Precious if she would hold the price open until the end of the month when LaStarshae received a quarterly bonus from her job. Precious agreed to do it for her as a favor. At the end of the month, LaStarshae approached Precious with $2,000 in hand, but Precious said "Sorry, LaStarshae, I just sold it to Celine, you're too late." What will be the result if LaStarshae sues for breach of contract? A) LaStarshae wins as this was a valid option contract that Precious breached. B) LaStarshae wins as this was a valid bilateral contract. C) Precious wins as there was no exchange of consideration. D) Precious wins as there was no writing.

D) an independent contractor.

Rita defaulted on the loan of her motorhome. She had borrowed the money to purchase the motorhome from Thrifty Bank. Thrifty hired Roger the Repo Man to repossess the motorhome for a fee of $1,000. Roger was told to find the motorhome and take it in whatever manner he thought best so long as he did not break the law. Roger would be classified as A) an agent/employee. B) a principal. C) a gratuitous agent. D) an independent contractor.

B) she may have a valid hostile environment claim.

Stelissa is an associate attorney with Drake & Creighton, Attorneys at Law. Her supervisor, Russ, is a partner in the firm. Russ regularly tells her she's hot and should wear tighter-fitting clothes. He often calls her into his office and asks her to turn around slowly so he can admire her body. He never touches her. These ongoing comments make her job difficult. At the end of the year, Russ gives Stelissa a great performance review and a $20,000 a year raise, more than any other associate attorney. Stelissa files a complaint with the EEOC after one year of this treatment. Under these facts A) she may have a valid quid pro quo claim. B) she may have a valid hostile environment claim. C) she has suffered no detriment as he never touched her, so she has no cause of action. D) she has suffered no economic or other job detriment, so she has no cause of action.

B) Medical benefits during leave only.

Stephanie had worked in the accounting department for Florida Western University (FWU) for five years. She took 10-weeks leave to have a baby. FWU employed 500 employees. Under federal law, what must FWU provide Stephanie? A) Her regular salary and medical benefits during leave B) Medical benefits during leave only. C) Her regular salary during leave only. D) Neither her regular salary nor medical benefits during leave.

A) franchise.

Stevie owns a business and wishes to distribute products to a broad market without having to hire additional employees or deal with the overhead costs of retail space. Stevie should set up a A) franchise. B) regulated business entity. C) distribution organization. D) limited corporation.

C) Corporation

Tashawna wants to open a modeling agency, be the principal thereof, and have no personal liability for debts. Which of the following organizations would best suit her needs? A) Sole proprietorship B) General partnership C) Corporation D) General proprietorship

B) Hybrid and express

TechnoPlus, a corporation that sold high end digital printer/copiers, entered into a written contract with Wesley, a lawyer, which included a payment of $500 per month for the printer/copier itself and $200 a month for a service agreement. The sales representative and Wesley negotiated the price of this contract in a serious of email and personal exchanges. Which of the following describes this type of contract? A) Unilateral and incidental B) Hybrid and express C) Hybrid and implied D) Bilateral and voidable

B) To maintain records of the incident, document the investigation of accidents and notify the OSHA administration within 8 business hours of the accident.

Teletrue Corporation, a company with 15 employees, had a workplace accident where five employees fell down a flight of stairs when a stair railing broke. All five had to be hospitalized with non-life-threatening injuries. What are Teletrue's duties under the Occupational Safety and Health Act (OSHA)? A) They have no duties because they are not a large enough corporation to be covered by OSHA. B) To maintain records of the incident, document the investigation of accidents and notify the OSHA administration within 8 business hours of the accident. C) To maintain records of the incident, document the investigation of accidents and notify the OSHA administration within 5 business days of the accident. D) To maintain records of the incident only.

D) a promise or set of promises enforceable by law.

The definition of a contract is A) a uniform written set of promises. B) an agreement between a business party and another business or private party that is irrevocable, written and clearly articulated. C) an agreement between parties that is clearly articulated and involves a promise for a promise with express, clearly articulated duties and rights. D) a promise or set of promises enforceable by law.

B) Dugan worked for ABC Corp, which treated him exactly like an employee but called him an outside contractor and did not pay him benefits. The court ruled that Dugan was entitled to benefits and ordered ABC to classify Dugan as an employee.

The equitable maxim "substance over form" would best be described by which of the following examples? A) Raul filed his lawsuit seeking an injunction in district court, but it was dismissed because he filed too late. B) Dugan worked for ABC Corp, which treated him exactly like an employee but called him an outside contractor and did not pay him benefits. The court ruled that Dugan was entitled to benefits and ordered ABC to classify Dugan as an employee. C) Stanley made a motion to the court to deny the equitable remedy that Roger was seeking against him, because Roger had intentionally misrepresented several things in their dealings with one another. D) Gracie sought specific performance against XYZ Corp to have provide her with the company car which was promised to her, but then XYZ entered evidence that Gracie had embezzled from them and the court denied her request.

D) cause in fact.

The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the A) proximate cause. B) misfeasance. C) nonfeasance. D) cause in fact.

A) rational basis scrutiny.

The federal government imposed a tax on all oil companies to fund a federal agency devoted to researching alternatives to fossil fuels. If Big Oil Incorporated challenges this tax in federal court, what level of scrutiny will the court apply? A) rational basis scrutiny. B) intermediate scrutiny. C) strict scrutiny. D) no particular form of scrutiny (none is required in this situation).

C) A principal manifesting some offer to form an agency.

The first step in creating an agency relationship is A) An agent manifesting some form of consent to form an agency. B) A principal exercising control. C) A principal manifesting some offer to form an agency. D) The establishment of a clear liability relationship between principal and agent.

C) A business has lesser rights to be free from government searches than an individual.

The rights of a business compared with an individual under the Fourth Amendment are best described as: A) A business has greater rights to be free from government searches than an individual. B) A business has equal rights to be free from government searches as an individual. C) A business has lesser rights to be free from government searches than an individual. D) The rights of a business compared with an individual under the Fourth Amendment have not yet been defined by the federal courts.

D) separation of a partner from a partnership.

The term dissociation describes the A) winding up and termination of a partnership. B) filing of a tax return by a corporation. C) addition of a new partner to an existing partnership. D) separation of a partner from a partnership.

C) Shawnee will have personal liability for the judgment.

Three doctors, Brent, Tori and Shawnee, formed a limited liability partnership for their medical practice, with all being equal partners. Shawnee was negligent in her treatment of a patient and was sued for malpractice. Whom of the following will have personal liability for the judgment if the patient wins their lawsuit? A) Brent, Tori and Shawnee will have liability for the entire amount of the judgment in equal shares. B) Brent, Tori and Shawnee will have joint and several liability for the entire amount of the judgment. C) Shawnee will have personal liability for the judgment. D) None of the three partners will have personal liability for the judgment.

C) the evaluation methods used by an employer to hire employees resulted in statistically significant differences that adversely impacted members of a protected class.

Under disparate impact theory, a plaintiff must prove that A) they have a valid case based on hostile work environment harassment. B) they were directly harassed and denied a job, promotion or raise as a result of discrimination. C) the evaluation methods used by an employer to hire employees resulted in statistically significant differences that adversely impacted members of a protected class. D) overt and intentional discrimination occurred when an employer treated them as an employee differently based on membership in a protected class.

D) illegally obtained evidence may not be introduced at trial.

Under the exclusionary rule A) judges who have handled previous cases involving the defendant currently before them at trial must excuse themselves due to possible preformed biases. B) potential jurors who show an obvious bias may not serve on a jury in order to make sure trials are as fair as possible. C) a sole proprietor's business records may not be seized even if pursuant to a warrant if they are considered personal papers. D) illegally obtained evidence may not be introduced at trial.

D) A brief description of the goods, quantity, and price.

Under the rules that apply to United Nations Convention on Contracts for the International Sale of Goods, what is required for a valid offer between businesses from member countries? A) A detailed description of the goods, a writing signed by both parties, quantity, price and delivery terms. B) A writing signed by both parties, quantity, price and delivery terms. C) A brief description of the goods, a writing signed by one party, quantity, price and delivery terms. D) A brief description of the goods, quantity, and price.

B) purposeful availment

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. A) concurrent jurisdiction B) purposeful availment C) injurious effect D) long-arm

B) Ronnie and Regina open a public accounting firm.

Which of the following could be formed as a limited liability partnership (LLP) in states that follow the traditional view in which LLP protection is rooted? A) Armstrong, Aldrin and Collins open the Apollo Bar and Grill. B) Ronnie and Regina open a public accounting firm. C) Fauss and Halsy open a motorcycle dealership. D) Thelma and Trina open a firearms store.

D) CA should win because internet service providers have immunity and safe-harbor as publishers from defamation claims.

CompAmerica (CA), an internet service provider, provided the online platform for thousands of customers to publish their online content. CA did not edit, review or reformulate content posted by customers. One of those customers was a rumor website named Scandalcity, which published several false and defamatory statements about Roger, a high school principal. These included lies that he had stolen money from his high school and was selling drugs to students. Roger was fired and sued CA for providing the platform for these defamatory statements, under the theory that CA was a publisher. What should be the result of Roger's lawsuit? A) Roger should win because this is libel and CA was the publisher. B) Roger should win because this is trade libel, as it involves Rogers profession, and CA was the publisher. C) CA should win because internet defamation requires that specific malice be proven, and this was not present in CA's actions. D) CA should win because internet service providers have immunity and safe-harbor as publishers from defamation claims.

D) fee simple defeasible.

Creden has left 50 acres of land to the First Church of Magnolia with the condition that it shall own and have rights to it forever; however, if the church ever permits alcohol to be served on the premises, the property will immediately go back to Creden or, if Creden is deceased, to his heirs. Creden has granted the church a: A) fee simple. B) fee tail. C) life estate. D) fee simple defeasible.

D) Neither the marijuana nor the cocaine would be admissible at trial.

Deputy Aldana stopped Lori, a college student, because he'd had experience with many college students in the past who had been in possession of drugs. After performing a pat down search of Lori, he found cocaine in her pocket. Deputy Aldana then used the drugs to justify obtaining a warrant to search Lori's dorm for more drugs, where he found a large quantity of marijuana with scales and other paraphernalia. Lori is now being tried for drug trafficking. What evidence, if any, would be admissible at trial? A) The cocaine in Lori's pocket would be excluded from evidence but the marijuana and cocaine found in her dorm are admissible because they were supported by a warrant. B) Both the marijuana from her pocket and the marijuana in her dorm would be admissible at trial. C) The cocaine in her pocket would be admissible at trial but not the marijuana in her dorm. D) Neither the marijuana nor the cocaine would be admissible at trial.

B) capital call.

Destinee, Teronne, and Ahmed had a limited liability partnership (LLP) that called for additional contributions from them to fund the LLP when necessary. This provision is known as a/an A) liability funding provision. B) capital call. C) capitalization injection. D) franchise funding call.

D) fee simple absolute.

Dick granted his home to Jane and gave her unrestricted rights of infinite duration. Jane also had the right to leave the home to her heirs. Dick has granted Jane an interest in property that is known as a/an A) life estate. B) fee simple defeasible. C) indefinite interest. D) fee simple absolute.

B) an intentional tort.

Dirk is the delivery driver for Papa Pepperoni's Pizza. On a delivery he spotted Marvin, his main competition for the affections of his girlfriend Jolene. He accelerated his truck and hit Marvin, breaking both his legs. Under these circumstances, this is A) a negligent tort. B) an intentional tort. C) nonfeasance. D) a crime but not a tort.

D) The action violates no constitutional amendment.

Excel Manufacturing, a corporation, hired a private investigator to conduct surveillance of DeJuan, the Chief Financial Officer, because he was suspected of committing corporate espionage. Without DeJuan's consent, the private investigator approached DeJuan and demanded to be allowed to search him and his cell phone without either a warrant or probable cause. Which of the following does this action violate? A) Fourth Amendment search and seizure. B) Fourteenth Amendment procedural due process. C) Fourteenth Amendment substantive due process. D) The action violates no constitutional amendment.

D) 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.

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? A) The carwash was liable for the stolen jewelry because a bailment was formed. B) The carwash was liable because it took responsibility for the jewelry when it accepted the vehicle for service. C) The carwash was not liable for the stolen jewelry because there was no bailment formed. D) 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.

C) a general partnership.

In a member-managed limited liability corporation (LLC), the management is similar to A) a sole proprietorship B) corporations. C) a general partnership. D) limited proprietorship.

A) immunity.

In a products liability case, the injured party can pursue a legal remedy against the seller of the product based on all of the following theories except A) immunity. B) negligence. C) strict liability. D) warranty.

D) Rutger, a private party from Massachusetts, is suing Benjamin, a private party from Pennsylvania, in Pennsylvania federal court for $90,000.

In which of the following cases would diversity of citizenship jurisdiction be exercised? A) Roger, a private party from Delaware, is suing PeteCo, a corporation from Ohio, for $1 million in Ohio state court. B) Phillip, a private party from New Hampshire, is suing Conrad, a private party from Maine, for $80,000 in Maine state court. C) Trisha, a private party from Texas, is suing the state of Texas in federal court for $100,000 for a violation of her civil rights. D) Rutger, a private party from Massachusetts, is suing Benjamin, a private party from Pennsylvania, in Pennsylvania federal court for $90,000.

C) A pair of surgical scissors was left inside Boris after surgery, but he can't prove exactly how they got there

In which of the following situations would res ipsa loquitur likely apply? A) Iggy is street racing his truck and drives 50 miles per hour in a 25 zone B) Starla sneaked up behind China and kicked her in the back C) A pair of surgical scissors was left inside Boris after surgery, but he can't prove exactly how they got there D) Barry was the owner of Quick-E-Market and had the linoleum floors professionally cleaned and waxed but failed to put up signs or warn customers of the slick surface.

C) The labor movement

Which of the following sociological movements forced the federal government to legislate protections for employee working conditions? A) The suffragist movement B) The civil rights movement C) The labor movement D) The socialist movement

B) It established a state-administered fund to provide payments to workers with sudden job loss.

The Federal Unemployment Tax Act accomplished which of the following? A) It provided 100% pay to employees who have been laid off. B) It established a state-administered fund to provide payments to workers with sudden job loss. C) It required that workers and employers pay taxes equally into a system to provide for unemployment benefits. D) All of the answer choices are correct.

B) Equal Employment Opportunity Commission.

The administrative agency charged with carrying out federal workplace antidiscrimination laws is the A) Civil Rights Investigation Commission. B) Equal Employment Opportunity Commission. C) Federal Workplace Antidiscrimination Commission. D) All of the answer choices are correct.

C) generally made on a public filing and available for third parties to view.

The choice of establishing a member-managed or manager-managed limited liability corporation (LLC) is A) a matter of confidential information only available to LLC members. B) typically mandated by state law with no discretion for members of the LLC as to its terms. C) generally made on a public filing and available for third parties to view. D) Mandated by federal law governing LLCs.

D) No, the law will likely be struck down on grounds that a state may not discriminate against or place undue burdens on interstate commerce under the Dormant Commerce Clause.

The state of South Carolina passed a law charging an extra fee for out-of-state poultry processors and demanding that their poultry be inspected before it could be sold retail in South Carolina. There was not a similar requirement for in-state poultry. This is justified on grounds that it protects the health and welfare of state residents. Is this law likely to be upheld by a federal court if challenged on constitutional grounds by Braxton Poultry, a Georgia poultry processor? A) Yes, the law will likely be upheld because it is within the health, safety or welfare rights of a state to promote legitimate state objectives. B) Yes, the law will likely be upheld because the states have broad, plenary powers to regulate intrastate commerce. C) No, the law will likely be struck down on grounds that a state may not regulate health issues due to the Supremacy Clause and preemption. D) No, the law will likely be struck down on grounds that a state may not discriminate against or place undue burdens on interstate commerce under the Dormant Commerce Clause.

C) publicly held corporation.

The type of corporation that generally has the highest number of shareholders is the A) public corporation. B) professional corporation. C) publicly held corporation. D) nonprofit corporation.

D) Vashti, a state appeals court judge, reverses a trial court case and sends it back to the trial court with instructions that a different rule should be followed.

Which of the following circumstances involves a remand? A) Ronnie, a federal appeals court judge, asks a question of a litigant who has a matter on appeal before her court during a live question and answer session. B) Phil, a state trial court judge, decides a case in a matter in which there is no jury. C) Esther, federal district court judge, follows precedent from a previous U.S. Supreme Court decision and decides the case in favor of the plaintiff. D) Vashti, a state appeals court judge, reverses a trial court case and sends it back to the trial court with instructions that a different rule should be followed.

C) The UCC allows a contract to be formed based on past commercial conduct, correspondence between parties, and industry standards.

Which of the following is a correct statement of the underlying principles of the UCC Article 2? A) The UCC aims to ensure that all business to business transactions for the sale of goods have every term mentioned up front and in detail. B) The UCC raises the bar for contract formation by allowing only contracts to be considered valid if there is a high level of intent expressed between business parties. C) The UCC allows a contract to be formed based on past commercial conduct, correspondence between parties, and industry standards. D) All of the answer choices are correct.

A) The agent is classified based on the level of direction and control that the principal has over the agent.

Which of the following is a true of the distinction between employee agents and independent contractors? A) The agent is classified based on the level of direction and control that the principal has over the agent. B) Courts look primarily to federal law in the determination of most agency or independent contractor relationships. C) If a principal provides the tools, this typically indicates an independent contractor relationship. D) There is are no formal state penalties in the United States for agency misclassification, the only available remedy is a civil lawsuit.

C) They are not limited in terms of revenue.

Which of the following is an attribute of privately held corporations? A) Most have a large number of shareholders. B) They tend to be less flexible in internal operating procedures than publicly held corporations. C) They are not limited in terms of revenue. D) They can capitalize through offering equity interests on public stock exchanges.

A) Girard, the CEO of Freedom Corp, calls Trish, his national sales manager, and tells her to stop working

Which of the following is an example of terminating the agency relationship by an express act? A) Girard, the CEO of Freedom Corp, calls Trish, his national sales manager, and tells her to stop working. B) Blanding, the president of Rocket Corp which employs Carlton as CFO, dies after a short illness. C) Greenwave Technologies, which employs Tandy, a manager, declares bankruptcy. D) The diesel truck that Bruno was hired to repair catches on fire and is destroyed before he can begin work on it.

C) Law is prescribed by controlling authority.

Which of the following is correct about the law in the United States? A) To be defined as law, something must have been codified by a legislature. B) Law creates duties and obligations, but not rights, as these are exclusively created by constitutions. C) Law is prescribed by controlling authority. D) All of the answer choices are correct.

A) They are limited and granted.

Which of the following is correct of federal powers in the U.S. system? A) They are limited and granted. B) They are unlimited and granted. C) They are limited and inherent. D) They are unlimited and inherent.

B) Sex.

Which of the following is least likely to be considered a mitigating circumstance? A) Age. B) Sex. C) Mental illness. D) Lack of a prior criminal history.

B) Unclear opportunity

Which of the following is not a theory of discrimination under the Civil Rights Act? A) Disparate treatment B) Unclear opportunity C) Mixed motives D) Disparate impact

A) The law requires a formal expression of an agency relationship between parties.

Which of the following is not true of the establishment of a principal-agent relationship? A) The law requires a formal expression of an agency relationship between parties. B) Parties to an agency relationship must have an understanding that the principal is in control. C) Conduct alone can form the basis for an agency relationship. D) Courts use an objective standard for agency relationships in determining the relationship between parties.

B) The city of Discrimville prohibits people who were born to unwed mothers from working in government run daycare facilities.

Which of the following laws involves a quasi-suspect classification under the Fourteenth Amendment? A) Police in the city of Searchville are allowed by law to search people with ancestry from South America and Central America without a warrant or probable cause. B) The city of Discrimville prohibits people who were born to unwed mothers from working in government run daycare facilities. C) The city of Taxville passed an ordinance raising taxes on local businesses from 10 percent to 20 percent. D) The city of Trialville passed a statute allowing former victims of fraud to sit on the jury in criminal fraud cases.

C) The brakes on Jose's new car where improperly installed at the factory resulting in him hitting a telephone pole and getting whiplash.

Which of the following scenarios would most likely result in strict liability? A) Bruno owns a small pet rabbit that escaped from his yard and bit a neighbor. B) Ivan was a spectator at a college football game and his cell phone was broken when a football flew into the stands and knocked it out of his hands. C) The brakes on Jose's new car where improperly installed at the factory resulting in him hitting a telephone pole and getting whiplash. D) Barber owned an ice cream shop and his worker, Bee, spilled several gallons of ice cream on the floor. Dee then took her 15-minute break and a customer fell on the slick floor.

C) Forrest, a resident of Georgia, is suing Bubba, a resident of Alabama, for $150,000 for injuries Forrest alleges Bubba caused him when he ran over Forrest's foot with his truck.

Which of the following situations will create diversity jurisdiction? A) Arizona sues Nevada to stop Nevada businesses from polluting water from the Colorado river that flows into Arizona. B) Vronsky, a Pennsylvania resident, is suing a state university in Pennsylvania on grounds that the university denied him his civil rights. C) Forrest, a resident of Georgia, is suing Bubba, a resident of Alabama, for $150,000 for injuries Forrest alleges Bubba caused him when he ran over Forrest's foot with his truck. D) All of the hypotheticals involve situations that would create diversity jurisdiction.

A) Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products.

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant? A) Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products. B) Bixby Scientific, based in Massachusetts, has a satellite office in Vermont where a corporate attorney works once a week. C) Hadley & Baxendale, LLC., an accounting firm based in Oklahoma, regularly send accountants out on audits to Texas to visit clients, but maintains no office or physical presence in Texas. D) Lucy, Zehmer and Associates, a law firm based in Virginia, has no office in Maryland, does not send attorneys to Maryland and has no clients in Maryland, but target advertises on billboards and on radio and TV spots on local Maryland stations.

B) a full-time laborer who works on the assembly line at Airstream Airlines who falls off a plane wing and injures his hand.

Which of the following workers would most state workers' compensation statutes cover? A) a butler at a mansion who slips and falls on the dining room floor while serving guests dinner B) a full-time laborer who works on the assembly line at Airstream Airlines who falls off a plane wing and injures his hand. C) a college student who works part-time as a delivery driver for Deano's Pizza. D) a graduate student who works full-time during the summer as a lifeguard at Splash-and-Fun.

B) AIDS

Which of the following would likely be considered a covered disability under the Americans with Disabilities Act? A) Severe nearsightedness B) AIDS C) Ability to slam dunk a basketball D) Excellence in public speaking

A) United Power Company has a grant by deed to run power lines throughout the subdivision.

Which of the following would not be considered an example of an easment? A) United Power Company has a grant by deed to run power lines throughout the subdivision. B) Clay has permission to hunt deer on Woodrow's property. C) Juna can not access his property without crossing Cornelius's land due to being landlocked. D) Farmer Wilson has an express grant in his deed for ingress and egress across Taylor's property to access his farm fields.