Management Exam

____ is any unconsented touching, even if physical injuries are not present. A. Battery B. Misappropriation C. Assault D. Nuisance E. Libel

A. Battery

Which of the following is a legal assumption that prevents juries from second-guessing decisions made by directors, unless they are proven to act with bad faith? A. Business judgment rule B. Conjecture C. Exclusionary rule D. Corporation by estoppel E. "Value of consideration" rule

A. Business judgment rule

The _____ within Article I, Section 8 of the U.S. Constitution authorizes Congress to pass laws protecting intellectual property. A. Copyright Clause B. code of non-infringement C. community trademark D. Force Majeure Clause E. Relative Clause

A. Copyright Clause

_____ is a duty of care imposed on prospective buyers of real property to exercise reasonable judgment or prudence to inspect property for defects. A. Due diligence B. CERCLA C. Prior appropriation D. Procedural due process E. Substantive due process

A. Due diligence

Which of the following statements about trade secrets is true? A. If someone uses lawful means to uncover a secret, then the secret is no longer protected by the secret's owners. B. Unlike patents, a trade secret cannot last forever. C. Very few states have adopted the Uniform Trade Secrets Act. D. Unlike patents, trademarks, and copyrights, there is a federal law that protects trade secrets. E. Reverse engineering is an illegal way of discovering a trade secret.

A. If someone uses lawful means to uncover a secret, then the secret is no longer protected by the secret's owners.

Which of the following statements is true regarding intentional infliction of emotional distress (IIED)? A. It is extreme conduct (measured objectively) that intentionally causes severe emotional distress to another. B. In a sense, IIED can be thought of as an assault to emotions. C. All states require the plaintiff demonstrate some physical manifestation of the psychological harm to win any recovery. D. IIED is meant to protect against both mild and extreme behaviors. E. It occurs when some form of physical touching is present in a battery.

A. It is extreme conduct (measured objectively) that intentionally causes severe emotional distress to another.

What is read to persons in custody, so that they are made aware of some of their constitutional rights? A. Miranda warnings B. Statute of Frauds C. Statute of limitations D. Attorney-client privileges E. Uniform Codes of Justice

A. Miranda warnings

The inclusion of which of the following words was intended to kill Title VII in the legislature, but instead led to a rapid passage: A. Sex B. Seniority C. African-American D. Homosexuality E. LGBT

A. Sex

Which of the following is an example of intangible property? A. The right to exclude others from a patented product B. Metals such as steel or aluminum C. Raw undeveloped land D. Furniture E. Virtual real properties

A. The right to exclude others from a patented product

A _____ is a case heard only by a judge, wherein the judge acts as both trier of law and trier of fact. A. bench trial B. speedy trial C. trial by ordeal D. jury trial E. mock trial

A. bench trial

A(n) _____ takes title in good faith, with no knowledge of competing claims to title. A. bona fide purchaser B. beneficial owner C. licensee D. ombudsman E. tortfeasor

A. bona fide purchaser

If two individuals apply for the same patent, the individual who is likely to get the patent in the United States of America is the one who is first to: A. file. B. buy. C. sell. D. invent. E. document.

A. file.

When someone is charged with committing a crime, he/she is charged by the government in a(n): A. indictment. B. covenant. C. class-action D. due process. E. novation.

A. indictment.

According to the Fourth Amendment requirements, the government must first obtain a search warrant to search a particular area for particular items if there is a reasonable expectation of privacy in the area to be searched. The search warrant is issued only on: A. probable cause. B. reasonable grounds. C. benefit of assumption. D. reasonable suspicion. E. substantive due process.

A. probable cause.

After a particular legal issue has been decided in a jurisdiction, there is a high probability that subsequent cases that present the same legal issue will use the same rule of law generated from already-decided cases regarding the same legal issue. This policy is known as _____. A. stare decisis B. bicameral C. precedent D. vice laws E. enabling legislation

A. stare decisis

_____ is the trial court in the federal system. A. The U.S. Supreme Court B. A U.S. District Court C. A U.S. circuit court of appeal D. The U.S. Department of Justice E. An intermediate court of appeal

B. A U.S. District Court

In the IRAC model, the "A" stands for: A. Assessment B. Analysis C. Abatement D. Automatic E. Abide

B. Analysis

The U.S. Constitution created the structure of the federal government by distinguishing which the three branches? A. City, state, federal. B. Executive, legislative, judicial. C. Legislative, judicial, administrative. D. International, tribal, state. E. Public, private, procedural.

B. Executive, legislative, judicial.

__ is the right of the public, under circumstances laid out in copyright and trademark law, to use protected intellectual property without permission. A. Preemption B. Fair use C. Estoppel D. Nominative use E. Implied consent

B. Fair use

How many Justices must agree in order for a writ of certiorari to be granted? A. Three B. Four C. Five D. Six E. Seven

B. Four

What is trade dress? A. It is the trademark for an entity providing services, as opposed to goods. B. It is the distinctive and unique look, feel, or shape of a product or service that signifies unique origin. C. It is the trademark representing membership in a group as established by owner of the collective mark. D. It is a name for products, especially foodstuffs, reserved exclusively for products originating from a particular region. E. It is a scheme to restrict the ability of an end user to copy or modify digital media.

B. It is the distinctive and unique look, feel, or shape of a product or service that signifies unique origin.

After which event did the Bush administration argue for strong unitary executive power? A. Implementation of the FISA in 1978 B. September 11, 2001 C. The conviction of twenty-three Americans in Italy in 2009 D. The Gulf War E. The capture and death of Osama Bin Laden

B. September 11, 2001

Which of the following is one of the elements that must be met to be successful under the doctrine of adverse possession? A. The possessor must be in nominal possession. B. The possession must be hostile. C. The possession must be anonymous and unspecified. D. The possession must be intermittent. E. The possessor must acquire permission from the former owner

B. The possession must be hostile.

Strict liability torts exist because: A. there is intent to cause harm. B. businesses that engage in covered activities profit from those activities. C. people displaying the most extreme of behaviors often get away with mild penalties. D. publication of false information about a person's product leads to a sharp drop in product sales. E. persons are negligently and improperly identified as being responsible for a violation of the law.

B. businesses that engage in covered activities profit from those activities.

To prove negligence, plaintiffs have to demonstrate four elements are present. The first element is that the plaintiff has to: A. prove that the defendant's actions were the proximate cause of the plaintiff's injury. B. demonstrate that the defendant owed it a duty of care. C. demonstrate that the defendant breached a duty of care. D. prove that the defendant's conduct caused the injury. E. demonstrate legally recognizable injuries.

B. demonstrate that the defendant owed it a duty of care.

After pleadings are filed, litigation moves into the _____ phase. A. trial B. discovery C. appeal D. spoliation

B. discovery

Harassing actions that are so severe and pervasive that they alter the conditions of one's employment is called _____. A. retaliation B. hostile work environment C. wrongful discipline D. racial profiling E. quid pro quo harassment

B. hostile work environment

A(n) _____ discovery refers to written questions posed by a party to another party. A. affidavit B. interrogatory C. request for admission D. deposition E. request for production

B. interrogatory

To be convicted of a crime, someone must possess the required criminal state of mind or: A. res ipsa loquitur. B. mens rea. C. ultra vires. D. actus reus. E. respondeat superior.

B. mens rea.

A(n) _____ is an agreement that transfers all rights and duties to a new party to the contract and releases the previous party from any further obligation arising from the original contract. A. assignment B. novation C. delegation D. quantum meruit E. formation

B. novation

The standard of proof in a civil trial is: A. beyond a reasonable doubt B. preponderance of the evidence C. affirmative defense D. in forma pauperis

B. preponderance of the evidence

A remedy that requires complete performance in a breach, rather than monetary damages is known as: A. nominal performance B. specific performance C. punitive performance D. voir dire E. restitution

B. specific performance

The most common type of patent, awarded for inventions or improvements to methods, processes, machinery, and compositions of matter is a(n): A. copyright. B. utility patent. C. license. D. design patent. E. plant patent.

B. utility patent.

Which of the following is true about public law? A. Understood to be law that is binding on specific parties. B. Applies only within a state and cannot be enforced outside it. C. It has been created by some legitimate authority with the power to create law. D. If violated, penalties cannot be levied against the violator.

C. It has been created by some legitimate authority with the power to create law.

Which of the following is NOT true of an agency relationship: A. Both the principal and agent must consent B. The principal must control the actions of the agent C. It must be a paid relationship D. A principal is required in the relationship E. An agent is required in the relationship

C. It must be a paid relationship

What is embezzlement? A. It involves obtaining a trade secret by improper means. B. It is the use of deception to acquire the secrets of an economic competitor for financial gain. C. It occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use. D. It is the use of deception to receive insurance funds. E. It is the trespassory taking of property with the intent to deprive the owner of it.

C. It occurs when someone takes property that was in his or her possession lawfully and then converts it to his or her own use.

Which of the following statements is true of fraud? A. It can arise only in a few limited circumstances. B. It is the use of another person's name, likeness, or other identifying characteristic without permission. C. It requires the tortfeasor to misrepresent facts, with reckless disregard for the truth. D. It is a completed assault. E. It requires an innocent misrepresentation.

C. It requires the tortfeasor to misrepresent facts, with reckless disregard for the truth.

Which of the following terms best describes the doctrine that permits federal law to trump, and render unenforceable, conflicting state laws? A. Unitary executive theory B. Waterboarding C. Preemption D. Habeas corpus E. Naturalization

C. Preemption

_____ is a corporation that, after meeting certain eligibility criteria, can elect to be treated like a partnership for tax purposes, thus avoiding paying corporate income tax. A. Quasi corporation B. C corporation C. S corporation D. Series LLC E. A conglomerate

C. S corporation

_____ are people who report the illegal activity of their employers or of their organization to authorities. A. Tortfeasors B. Ombudsmen C. Whistleblowers D. Hardliners E. Safeguarders

C. Whistleblowers

Title III of the Americans with Disabilities Act of 1990 (ADA): A. requires that all telecommunications companies in the U.S. take steps to ensure functionally corresponding services for consumers with disabilities. B. states that prohibition against retaliation applies to any entity that tries to prevent an individual from exercising his or her rights. C. deals with requirements for public accommodations such as wheelchair ramps, elevators, and accessible restrooms for new facilities. D. makes it illegal for employers with ten or more employees to discriminate against "qualified individuals with disabilities." E. deals with the ADA's applicability to state and local governments.

C. deals with requirements for public accommodations such as wheelchair ramps, elevators, and accessible restrooms for new facilities.

A(n) _____ is considered a disregarded entity for tax purposes. A. foreign corporation B. C corporation C. general partnership D. sole proprietorship E. domestic corporation

C. general partnership

The Uniform Commercial Code article 2: A. governs land and houses. B. governs contracts for services. C. governs contracts between a merchant and the sale of goods. D. governs contracts that require offer, acceptance, and consideration. E. governs contracts which are void or voidable.

C. governs contracts between a merchant and the sale of goods.

A counteroffer: A. is the retraction of an offer before it is accepted. B. is not really an offer, but functions as the revocation of an offer. C. is a new offer based on the rejection of a previous offer. D. functions as both an offer and an acceptance. E. refers to offer, acceptance, and consideration.

C. is a new offer based on the rejection of a previous offer.

Misrepresentation: A. is a defense that can be used when fulfilling a contract has become unfair for one party. B. is rarely a successful defense to contract C. is when a party makes a false statement that induces the other party to enter into the contract. D. occurs when people lack capacity. E. requires certain contracts to be in writing and signed by the defendant to be enforceable against the defendant.

C. is when a party makes a false statement that induces the other party to enter into the contract.

Marbury v. Madison established the doctrine of: A. the right to privacy. B. the right to habeas corpus. C. judicial review. D. fair use. E. incorporation.

C. judicial review.

Personal jurisdiction requires litigants to have some form of _____ with the state where the case is filed. A. res judicata B. voir dire C. minimum contacts D. writ of certiorari E. sua sponte

C. minimum contacts

Most individuals and businesses are likely to find their judicial interactions in _____. A. the U.S. Supreme Court B. federal circuit courts C. state courts D. federal district courts E. international courts

C. state courts

Judges who adhere to the judicial activist philosophy believe: A. that any right not listed in the Constitution does not exist. B. they do not have the power to "invent" a new right. C. that the Constitution is a "living document." D. in preserving the original meaning of the Constitution. E. that their role is to strictly interpret the Constitution and nothing more.

C. that the Constitution is a "living document."

Which of the following statements best describes a quasi-contract? A. It is a type of contract in which the accepting party may only accept through an action. B. It is a type of contract in which both parties make a promise. C. It is an equitable remedy where a court determines the rights of the parties to an action without awarding damages. D. It is a type of equitable remedy that may be imposed on parties to avoid unjust enrichment to one party at the expense of the other. E. It is a type of equitable remedy that may be imposed on parties to avoid injustice, when one party detrimentally relied on another party's promise.

D. It is a type of equitable remedy that may be imposed on parties to avoid unjust enrichment to one party at the expense of the other.

Which of the following statements is true about a deed? A. It is a sworn statement in writing made under oath. B. It prohibits parties from transferring the rights conveyed by a contract to another party. C. It transfers rights conveyed by a contract to another party. D. It is a writing that conveys title to real property. E. It is a document that amends a previously executed will.

D. It is a writing that conveys title to real property.

_____ is the philosophy of law. A. Color of authority B. Due process C. Treatise D. Jurisprudence E. Federalism

D. Jurisprudence

If a supervisor fires a subordinate for breaking up with him or her, then which of the following has taken place? A. Hostile work environment harassment B. Reverse discrimination C. Adverse impact D. Quid pro quo harassment E. Disparate impact

D. Quid pro quo harassment

The standard of review in which the government must prove the law is justified by a compelling government interest is known as: A. Affirmative action B. Reparation C. Internment D. Strict Scrutiny E. Minimal scrutiny

D. Strict Scrutiny

Identify the correct statement about white-collar crimes. A. The term white-collar derives from a reference to the "white collars" that factory workers and laborers who committed these crimes wore as their everyday attire. B. They are typically street crimes or person crimes. C. White-collar criminals seldom commit their crimes on the job, in broad daylight. D. These crimes are committed in the professional work environment for financial gain through the use of deception. E. They are violent crimes committed by people in their professional capacity.

D. These crimes are committed in the professional work environment for financial gain through the use of deception.

A contract clause that restricts a salesperson from leaving to work for another company in a similar field is known as a(n): A. entire agreement clause. B. arbitration clause. C. cleanup clause. D. noncompete clause. E. exclusion clause.

D. noncompete clause.

A(n) _____ agreement refers to an agreement (usually written) among LLC members governing the LLC's management, rights, and duties. A. license B. noncompete C. buy/sell D. operating E. binding

D. operating

Representation in the lower House of Representatives is proportionate to a state's _____. A. per capita income B. export levels C. rate of industrial growth D. population E. literacy rate

D. population

The Establishment Clause: A. prohibits the government from preventing the free exercise of any religion. B. requires states to provide equal protection of laws to persons within their jurisdiction. C. requires the federal government to establish a standard in police power among different states. D. prohibits the government from establishing a religion. E. prohibits establishing cruel punishment as a norm

D. prohibits the government from establishing a religion.

Many companies choose to incorporate in the tiny state of Delaware because: A. disputes heard in Delaware courts are seldom predictable, making it easy to manipulate business operations. B. shareholders are given a right to sue a third party on behalf of the corporation. C. the courts operate with the most experienced and knowledgeable juries. D. the chancery courts in Delaware have developed a reputation for fairly and quickly applying a very well-developed body of corporate law. E. disputes heard in Delaware courts are not usually transparent, providing the opportunity to make quick profits.

D. the chancery courts in Delaware have developed a reputation for fairly and quickly applying a very well-developed body of corporate law.

A case that involves a plaintiff claiming that injury will come from a law if it is passed would be considered: A. dismissive B. irrelevant C. moot D. unripe E. disputable

D. unripe

____ is a voluntary contract in which two or more persons decide to conduct business together and share profits and losses. A. Operating agreement B. Noncompete agreement C. A committee charter D. Articles of incorporation E. Articles of partnership

E. Articles of partnership

Which of the following is a major advantage of sole proprietorships? A. If sole proprietors seek funding from banks, down payment requirements typically are low. B. Banks don't require any form of personal collateral to guarantee loans to sole proprietors. C. A range of options are available for raising working capital for sole proprietors. D. It is always possible to bring in others to the business in a sole proprietorship. E. Autonomy in a sole proprietorship comes with total ownership of the business's finances.

E. Autonomy in a sole proprietorship comes with total ownership of the business's finances.

_____ alleges that a defendant employer acted intentionally to discriminate against the victim because of the victim's membership in a protected class. A. Adverse impact B. Retaliation C. Disparate impact D. Contributory negligence E. Disparate treatment

E. Disparate treatment

Secondary sources of law are created by: A. Senators B. Representatives C. Judges D. State legislatures E. Legal scholars

E. Legal scholars

Which of the following is NOT true about the shopkeeper's privilege? A. Businesses confronted with potential thieves are permitted to detain suspects until police arrive at the establishment. B. The detention must be done in reasonable conditions. C. The business owner has the right to detain a suspected shoplifter for a reasonable period of time. D. The grounds and manner of the detention must be reasonable or the store may be liable for false imprisonment. E. Store employees are allowed to use excessive force in detaining the suspect if the suspect resists detention.

E. Store employees are allowed to use excessive force in detaining the suspect if the suspect resists detention.

Which of the following requires certain types of contracts to be in writing to be enforceable? A. Rules of evidence B. Restriction on assignment C. The substantive common law rule D. An exculpatory clause E. The Statute of Frauds

E. The Statute of Frauds

The Civil Rights Act of 1964 has several provisions, but the most important for businesses is known widely as _____. A. Title I B. Title VIII C. Title II D. Title III E. Title VII

E. Title VII

A party that has lost at appeal may file which of the following to argue why a case should be heard by a Supreme Court. A. a writ of mandamus. B. a writ of habeas corpus. C. a writ of quo warranto. D. a writ of scire facias. E. a writ of certiorari.

E. a writ of certiorari.

Congress has the power to "pay the debts and provide for the common defense and general welfare." This is known as _____. A. the dormant commerce clause B. service power C. police power D. the unitary executive clause E. spending power

E. spending power

Burning the U.S. flag as a form of protest against a U.S. government policy is an example of: A. saleable speech. B. constitutional speech. C. commercial speech. D. obscene speech. E. symbolic speech.

E. symbolic speech.

A joint tenancy describes an ownership interest in which the surviving owner has: A. separate and distinct shares of the same property. B. the right to sell the property during their lifetime, like any other property interest. C. the right to deal with the interest in the property during their lifetime, like any other property interest. D. unequal interest in the property. E. the right of survivorship.

E. the right of survivorship.