BLAW Final

The first step in pursuing a claim under Title VII is to file a claim with the ________________________.

EEOC Equal Employment Opportunity Commission.

The _________________________ Act regulates credit bureaus (credit reporting agencies).

Fair Credit Reporting

The ___________________________ Act regulates credit bureaus (consumer reporting agencies).

Fair Credit Reporting

The ___________________________ is charged with monitoring food and drug safety.

Food & Drug Administration

The government agency charged with monitoring food and drug safety is the:

Food and Drug Administration

_______________ refers to the country where a person is born or the country from which his or her ancestors came.

National Origin

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

Necessary and Proper Clause

What must be proven by the Plaintiff in order to recover on a claim of negligence?

That the Defendant had a duty of reasonable care; that the Defendant breached that duty of care; that as a result of the Defendant's breach the Plaintiff was injured and resulting damages from the Plaintiff's loss.

The decision to pull orange juice from a store shelves and remove it from the stream of commerce due to the possibility of harmful contaminates is made by what regulatory agency:

The Food and Drug Administration

Federal judges are nominated by:

The President

What is the statute of limitations on felonies in North Carolina?

There is no statute of limitations on felonies in North Carolina

Todd is asleep in his dorm room. His roommate Bob, comes into the room and begins hitting him on the back of the head while he is still asleep. Todd requires medical assistance and ultimately sues Bob for assault and battery. What will be the result?

Todd will recover on the battery claim but not on the assault claim provided he can show that Bob intended the battery.

The ____________________ Act requires standardized loan terms in all loan contracts.

Truth-in-Lending

Which of the following agencies has primary responsibility for sanitation of meat, poultry, and eggs:

U.S. Department of Agriculture

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per year for health and family related reasons.

Governmental control of safety in commercial food, drink, drugs, and cosmetics began with the passage of the Pure Food and Drug Act of ___________.

1906

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees who are over the age of ___________, if the employer has twenty or more employees.

40

______________________ is NOT a protected class under Title VII of the 1964 Civil Rights Act.

Age

The Lanham Act regulates __________________ advertising claims.

All of the above. deceptive misleading false

What is true of products liability law?

All of the other choices are true of products liability. It is a form of negligence. Misuse is a defense to products liability. It exist is the form of design defect as well as manufacturing defect. It assigns liability to the manufacturers and retailers of consumer products who are injured by their products.

Which of the following countries is not a member of the North American Fee Trade Agreement:

Brazil

The cornerstone of federal employment discrimination law is the ____________________.

Civil Rights Act of 1964

State judges:

all of the other choices are correct

Commercial leases are often much more detailed than residential leases. A common provision of a commercial lease would be:

all of the other choices are correct how alterations to the property will be handled dispute resolution insurance provisions utilities

The complaint filed by plaintiff contains:

all of the other choices are included

Which of the following are things that must be shown by a worker's in order for her to have a claim under worker's compensation?

all of the other choices are necessary for a claim.

The Fair Debt Collection Practices Act prohibits the following by debt collectors except:

all of the other choices are prohibited

The Franchise Rule requires that the following information must be provided except:

all of the other choices are requred

Federal courts have the judicial power to hear cases involving:

all of the other choices can be correct

According to the FTC, which of the following things would indicate an unfair act or practice:

all of the other specific choices are correct

All of the following are factors in determining one's credit score:

all of the other specific choices are correct

Which is the UCC's requirements for an instrument to be negotiable:

all of the other specific choices are correct

Which of the following is a main source of international commercial law:

all of the other specific choices are correct

Which of the following is an industry that is greatly affected by NAFTA:

all of the other specific choices are correct

Which of the following is part of the FTC's three part test for deciding whether a particular act or practice is deceptive:

all of the other specific choices are correct

Which of the following would be a reason that the U.S. government would restrict the export of a good:

all of the other specific choices are correct

The Environmental Protection Agency is an example of:

an administrative agency

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adversarial system of justice

An example of an estate in land that creates a servitude on the land would be:

an easement

An agency may be established by:

any of the other choices written agreement means of the doctrine of estoppel operation of law ratification

In a sale under the UCC, title to goods passes when the goods:

any of the other choices would be allowed

An agency may be established by:

any of the other choices. operation of law. means of the doctrine of estoppel. ratification. written agreement.

A seller or buyer is considered a merchant by the UCC when he:

any of the other specific choices

Unlike express warranties, implied warranties:

are automatically imposed on sellers unless they specifically disclaim them

Shareholders, the board of directors and the managers are the three major groups that make up:

a corporation

Double taxation on profits is:

a disadvantage to the corporate form of organization

Statutory law is:

a law enacted by a legislative body

Debt collection usually begins with:

a letter stating that the account is past due

A principal's ratification is:

a principal's acceptance of responsibility for an agent's actions

Warranty of title means:

a seller is the rightful owner of the goods being sold

An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a(n):

a special agent

The type of regulatory rule that has the same binding force and effect as a statutory law passed by Congress is:

a substantive rule

Original jurisdiction means power to:

accept a lawsuit, try it, and pass judgment

The Constitution was amended almost immediately to ensure that there was:

adequate protection for individual rights

Substantive rules issued by agencies are:

administrative statutes with the same force and effect of law as statutes passed by Congress

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate:

age discrimination laws since "young" is probably not over the age of 40

An employment of an agent for the purpose of representation in establishing relations between a principal and third parties is known as a(n):

agency relationship

Tort law can be classified as:

all of the above choices intentional torts strict liability negligence products liability

Which of the following debts are not extinguished by a Chapter 7 bankruptcy?

all of the other choices

As a creditor, a business should:

determine the debtor's ability to repay and establish debt collection practices

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by:

direct observation

Employee handbooks usually do which of the following?

discusses grounds for discipline and dismissal and communicate company policies and procedures

Under Title VII of the 1964 Civil Rights Act, unintentional discrimination is referred to as ___________________________ discrimination.

disparate impact

Under Title VII of the 1964 Civil Rights Act, intentional discrimination is referred to as ________________________ discrimination.

disparate treatment

In a criminal case, if evidences is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:

dropped under the exclusionary rule.

A corporation is recognized under both federal and state law as a "person" and:

enjoys all the same rights and privileges accorded to U.S. citizens.

The US Constitution created these branches of federal government

executive, legislative and judicial

The United States Constitution created these branches of the federal government:

executive, legislative and judicial

Internationally, the most visible franchises are:

fast food restrants

The Bill of Rights is the:

first ten amendments of the U.S. Constitution

Following a trial's opening statements, the plaintiff:

goes first since he has the burden of proving that his arguments are correct

Article 2 of the UCC covers the sale of:

goods

If the U.S. Supreme Court accepts a case on appeal it:

grants a writ of certiorari

Suppose parties to a contract that is under the UCC fail to specify some term. The UCC:

has rules to fill the gap about a silent term

Ethics, in the context of business practitioners:

has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization

A major advantage of the use of precedent in law for businesses is that they will:

have reasonable expectations about the enforcement of agreements

In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because:

his actions were not an important public duty all of the other specific choices the defendant took no action concerning hte plaintiff that amounted to a tort under the applicable law none of the other specific choices he was not explicitly or implicitly directed to participate in any unlawful activity

Business transactions that involve entities from two or more countries are defined as:

international business

Bankruptcy law:

is federal statutory law, primarily the Bankruptcy Code

The FTC established through regulations and a policy statement that an advertisement would be considered deceptive if it ____________________________________.

is likely to mislead a reasonable consumer

If the principal does not pay the creditor, and the surety has to satisfy the debt, the principal:

is obligated to repay the surety

At most trials, after the parties present their closing arguments, the:

judge instructs the jury on the law; the jury applies the law to the facts it determines

Statutory law is created by:

legislative bodies. Federal statutory law is created by Congress. State statutory law is created by state legislatures.

When there is an undisclosed principal, the agent is:

liable to the third party for the principal's nonperformance of the contract

An art gallery sells fake "authorized" Vincent Van Gogh prints to clients for $50,000 each, telling buyers their purchases are good investments. If the FTC sues, the gallery will:

lose because its actions meet the FTC test for deception

An at-will employee:

may be dismissed at any time without reason or cause

Truth in Lending refers to the requirement that creditors:

must disclose all relevant terms in credit transactions

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendanty by service of process

Assume that the congregation of a Roman Catholic church wants to hire a new priest and requires that the successful applicant be a graduate of the Roman Catholic seminary. An applicant who is turned down for the job is a graduate of the Baptist Seminary. If the unsuccessful candidate sues arguing discrimination under Title VII, the Roman Catholic church's defense for its seminary requirement would be that it is a __________________________________.

bona fide ocupational qualification

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

broad Congressional regulation of business

A secured creditor is one who:

can take a debtor's property to try to satisfy the debt

In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to other. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:

common law can adapt to changing circumstances

In McCulloch v. Maryland, the Supreme Court held:

creation of a national bank was constitutional under the Necessary and Proper Clause

Which of the following are true of Courts with Appellate Jurisdiction?

none of the other choices are true with regards to Appellate Court

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

In a wholly owned subsidiary, the foreign business:

owns the whole operation

Under the common law, contract modifications must be supported by new consideration to be binding on the parties. Under UCC Article 2:

parties need no provide new consideration to modify an existing sales contract

The discovery stage in the trial process is intended for the:

parties to obtain information about the facts before the trial starts

Gary and Sue start a consulting firm. They are co-owners of it and have joint control over its operation and the right to share in its profits. Their organization is most likely a:

partnership

The Nutrition Labeling and Education Act of 1994 required the FDA to issue nutrition labeling regulations. These FDA regulations now require that certain food components be listed ____________________ on food product nutrition labels.

per serving

Personal jurisdiction over the Defendant is achieved by :

personal service of the complaint and notice of hearing on the Defendant.

The UCC's remedies for breach of contract for the sale of goods are intended to:

place the nonbreaching party in the same position as if the contract had been performed according to its terms

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

International businesses face risks that include:

political, financial and regulatory risks

The intent of the Nutrition Labeling and Education Act is to:

prevent misleading product claims

Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act:

prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication"

The Food and Drug Administration:

prohibits the sale of drugs without FDA approval

The Kefauver Amendment of 1962 requires that the FDA approve drugs based on their ___________________, not just their _______________________ as required before 1962.

proven effectiveness, safety

Enforcement of law in a society is important because it:

provides some predictability and uniformity to the boundaries of acceptable conduct

A ________________________ is permission given by shareholders to someone else to vote their corporate shares on their behalf in the manner in which the shareholders instruct.

proxy

Employers are obliged to make ____________ accommodations for persons with disabilities and are expected to incur expenses in making a position or workstation available to qualified disable applicants and employees.

reasonable

What are the four sources of law, as identified in the Chapter One lecture, from which all other laws are derived?

regulatory law, common law, constitutional law and statutory law

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:

represents a standard of how persons in the relevant community ought to behave.

In an orderly society, law and the legal system help to:

resolve disputes influence the behavior of members of society provide a way for important social changes to take effect all the answers are part of the role of law maintain the important values of society

Nutrition labeling does not require which of the following to be listed per serving portion:

riboflavin

According to the UCC's Statute of Frauds all:

sales of goods worth more than $500 must be in writing

A financial institution that receives a promissory note has the right to:

sell the note to another party

The Equal Pay Act of 1963 prohibits employment pay discrimination on the basis of ___________________.

sex

In Title VII discrimination cases, after the plaintiff establishes a basic claim, the burden of proof then __________________________________________.

shifts to the defendant to present evidence that the claim is untrue or that there was a legal reason for its (the employer's) decision, and then the burden shifts back to the plaintiff

The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:

stare decisis

Negotiable instruments:

substitute for cash

The constitutional requirement that governments must give just compensation for property taken for public use is known as:

takings clause

The part of the Constitution that probably has the largest impact on business is known as:

the Commerce Clause

The major export-promotion agency in the U.S. is:

the Commerce Department

Federal regulation of the relationship between consumers and creditors is based on an umbrella law that contains many credit laws. The name of that umbrella law is:

the Consumer Credit Protection Act

Credit discrimination on the basis of race, sex, color, religion, national origin, marital status, receipt of public benefits, the good-faith exercise of the applicant's rights under any part of the CCPA, or age is prohibited by:

the Equal Credit Opportunity Act

Most cases involving questions of federal law originate in:

the U.S. district courts

The most immediate control mechanism enjoyed by Congress for regulating administrative agencies in the ability to control agency activity through:

the budget process

To create a corporation:

the corporation's articles of incorporation are filed with the appropriate officer of the state.

Personal jurisdiction over the person of the defendant is achieved when:

the defendant is served with a copy of the complaint

A principal's ratification is:

the principal's acceptance of responsibility for an agent's activities.

Proper venue refers to:

the proper place where a lawsuit is heard

The individual designated by a business organization to receive service of process for the business is known as:

the registered agent.

A guarantor is generally the same as :

the surety

The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:

the system of checks and balances

Depositions, written interrogatories, orders for production of documents and request for admissions are all examples of:

the tools of discovery

The United States Constitution divides governmental power to prevent:

the tyranny the founders experienced under King George III

What of the following are true as it relates to stare decisi?

the use of precedent to decide pending and future cases. it is an aspect of common law. Correct Answer all of the other choices are true it is controlling authority but it can be changed It is Latin meaning, "to stand on things decided".

In the American court system:

there is a federal system and a similar system of trial and appeals courts in each state

Administrative agencies are often created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis

Administrative agencies are created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis.

If a debtor cannot meet credit obligations it is said:

to default

Restrictions on a country's imports are generally imposed for which of the following reasons:

to protect a countries domestic industries from foreign competition

The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:

to provide a neutral forum for handling such disputes

The UCC's purpose is:

to simplify, clarify and modernize the law governing commercial transactions

The seller's basic obligation under the UCC is too:

transfer and deliver goods that conform to the contract to the buyer

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:

unconstitutional because it violates the Commerce Clause

A potential drawback of sole proprietorship and partnerships is that the parties involved have:

unlimited liability

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:

voir dire

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large project build, the Supreme Court held that hte forced sale:

was legitimate even if the city sold the property to a private party

You post a notice at school that you will sell your laptop computer for $600. A buyer comes by your room to look at it while you are gone and your roommate sells it for $500, thinking you would be happy with that price, which you did not authorized.

you can accept the deal by express or implied ratification

The United States Constitution:

created the three branches of government

The _________________ Clause, known as the Food Additives Amendment, was added to the Food, Drug, and Cosmetic Act in 1958 and gave the FDA the authority to set the safe use level of food additives.

Delaney

Chapter 11 Bankruptcies, which are filed by businesses:

allow a business to keep operating under reorganization of its activities and its debts

Which of the following items are banned from being imported into the U.S.:

all of the specific choices are banned

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:

all of the specific choices are possible

Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:

compensatory damages

Which of the following is true about the federal appeals courts?

courts of appeals usually assign three-judge panels to review decisions of district courts

Karen has a history of drunk driving and has been convicted several times. The Pizza Parlor hires her as a delivery person, despite knowing her history. If Karen causes an accident while on the job because she has been drinking you would expect the Courts to:

hold The Pizza Parlor liable for negligence in hiring

When a court "pierces the corporate veil" it:

hold shareholders personally liable for corporate debts

Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:

how governments can use law to enforce different social norms

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:

in rem jurisdiction

Regulatory takings cases indicate that:

the destruction of property value must be almost complete for compensation to be due

The Commerce Clause of the Constitution gives Congress the power to regulate trade:

with foreign nations and among the states

The commerce clasue of the Constitution gives Congress the power to regulate trade:

with foreign nations and among the states

Under a Chapter 13 proceeding, debts must be repaid usually:

within five years