Final BUS 140

Employees may be required to sign, as a condition of employment, an agreement that they will not sue the employer in case they are injured on the job. This is called:

exculpatory agreement

A(n) ____ warranty is one the manufacturer contractually provides to the consumer.

expiated valid explicit rapid Correct! none of the other choices are correct

Proper venue has as its basis:

fairness

If the union refuses to take an employee's concern to arbitration, the employee must sue the union for violation of the:

duty of fair representation

For the Family and Medical Leave Act to apply to a private business, the business must have at least ____ employees.

50

Private parties can obtain search-and-seizure orders to grab counterfeit goods under the:

Lanham Act

____ under ERISA is when an employee becomes the owner of his retirement proceeds.

Mandatory vesting

The tort of misrepresentation can be based on:

Negligence or intent

Absolute privilege grants immunity in situations where:

Public policy favors complete freedom of speech

Federal judges are nominated by:

The

Joint and several liability is liability rule in several states that allows each defendant to be potentially liable for the entire damage award when more than one firm have a similar defective product.

True

The tort of interference with contractual relations occurs when Party C attempts to get Party A, who has a contract with Party B, to breach the contract in favor of doing business with Party C.

True

Which of the following could be a trade secret?

a mathematical formula a cake recipe list of clients Correct! all of the specific choices could be a trade secret

Collecting information, outlining key issues and encouraging compromise are all parts of:

a mediator's job

Many states now allow groups of doctors in practice together to form a particular legal entity allowed by statute called:

a professional corporation

In a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of:

a reasonably skilled, competent and experienced doctor

A partnership can begin with:

a written agreement or an oral agreement or an implied agreement that can be inferred from the conduct of the parties doing business

Original jurisdiction means power to:

accept a lawsuit, try it, and pass judgment

To be liable for an intentional tort, the defendant must have:

acted voluntarily

An appellate court can do which of the following:

affirm the judgment of the trial court reverse the judgment of the trial court modify the judgment of the trial court Correct Answer all of the other specific choices are correct

Under the Omnibus Transportation Employee Testing Act, which employees must be tested for alcohol and drug use?

airline pilots, bus drivers, and commercial truck drivers

Employment-at-will:

allows employers to discharge employees for any reason at any time subject to contract obligations and has been restricted by legislatures in some states that recognize some public policy limitations on the employer's right to fire an employee

Limited liability is:

an advantage to the corporate form of organization

State judges:

are elected in non-partisan (no party affiliation) in some states are elected in partisan (party) elections in some states are appointed by the governor in some states are selected by the legislature in some states Correct! all of the other choices are correct

A motion for judgment as a matter of law is when parties:

ask the judge to issue a favorable verdict that makes jury deliberation unnecessary

Intentional physical contact without consent may constitute:

battery

The trustee of a property in a trust has a duty to manage the property for the:

beneficiary

Magistrates may not try cases unless:

both parties agree

The motto "Union Made in the USA" is a:

certification mark

Depositions can be useful in challenging a witness who:

changes his story at the trial

Traditionally, personal property was referred to as:

chattel

The process by which the employer and the union, on behalf of workers in a bargaining unit, negotiate a labor contract is:

collective bargaining

Voluntary participation in a contact sport is an example of:

consent in battery

A transfer of contractual duties to a third party is a(n):

delegation

The sale of shares in a closed corporation is similar to the sale of a sole proprietorship because:

determining a market value of the asset may be difficult

Magistrates can hear cases on:

discovery disputes habeas corpus petitions civil rights claims filed by prisoners Correct! all of the other specific choices can be correct

Susan agrees to buy Jan's car for $4,000. Susan is to bring the money the next day. That night Jan wrecks the car. Susan:

does not have to buy the car

In Erie Railroad v. Tompkins, where Tompkins was hit by a New York train while in Pennsylvania, regarding the application of common law in a diversity of citizenship case in federal district court, the Supreme Court decided that:

federal courts must follow procedural law of the state in which it is located federal courts may apply either state or federal common law to resolve a case before it Correct Answer the common law of the appropriate state must be applied in cases in federal courts federal courts must follow federal common law in all disputes before them You Answered : none of the other choices are correct

____ requires that directors of a corporation place the interests of the corporation before their own interests.

fiduciary duty of loyalty

An invention must be which of the following to get a patent?

genuine useful novel not obvious Correct! all of the other choices are necessary

The benefit or advantage of having an established business and secured customers is:

goodwill

A hostile user is someone who:

has no right to occupy or use an estate and does so without permission

Negligence torts differ from intentional torts in that:

in negligence the harmful results of a person's conduct are not intentional

Property that is held in fee simple may be:

inherited by others transferred to others sold in part to others sold in entirety to others Correct! all of these things are possible

Which of the following is not a characteristic of adverse possession?

it is hostile use of another person's land the adverse user has no legal right to occupy the land the use of land is exclusive the possession of the land is continuous Correct! all of the other choices are characteristics

"Super Wash" liquid dishwasher detergent is sold in a box shaped like a milk carton with a bright and cheery cover. Finding the carton under the kitchen sink, a two-year-old drinks it, suffering serious internal injuries. In a suit against "Super Wash" the court is likely to find the producer:

liable in strict liability for failure to warn or for design defect

The tort of printed or written defamatory communication is:

libel

Subsurface mineral rights:

may be legally separated from surface ownership

Something that is in the public domain:

may be used, performed, or reproduced by anyone

The right of the author to have proper attribution of authorship and to prevent unauthorized changes in or destruction of an artist's work is a(n):

moral right

Liquidated damages:

must be reasonably related to actual losses that could be suffered

False imprisonment is the unjustified, intentional detention of a person. The detention:

need not be physical

A court award of $1.00 in damages would be called:

nominal

Under the economic loss rule, when a breach of contract does not include a tort, such as injury to persons, the damages:

only relate to economic losses suffered from the breach

Unless its articles of incorporation provide for a specified period of duration, a corporation has:

perpetual existence

At law, the word tenancy generally refers to:

possession of lands by any right or title

Consideration is the element of a contract that:

prevents it from being a gift

Nominal damages can be important because:

proof of breach may be related to other legal issues

An effective acceptance must be:

properly communicated

A major purpose of tort law is to:

provide compensation for injured parties by wrongdoers

The benefits of workers' compensation do not cover:

punitive damages for gross injury

To register a copyright, you need not:

receive certification from the Registrar of Copyrights

Parties engaging in ultrahazardous activities are liable for injuries:

regardless of the level of care exercised in carrying out the activity

An exculpatory agreement:

releases one party from the consequences brought about by wrongful acts or negligence

The sophisticated user defense:

relieves a manufacturer of liability for failing to warn of a product's characteristics or dangers when "the end user knows or reasonably should know of a product's dangers"

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

The tort involving spoken defamatory communication is:

slander

Which of the following is an example of a form of tenancy:

tenancy in common joint tenancy tenancy by the entirety Correct! all of the other specific choices are correct

Proximate cause limits liability to harms:

that bear a reasonable relationship to the defendant's negligent conduct

A company that has more than $25,000 worth of business with the federal government and does not state what action will be taken against employees who violate the company's drug-free policy would be in violation of:

the Drug-Free Workplace Act

State right-to-work laws are allowed by:

the Taft-Hartley Act

Intellectual property protection around the world is encouraged by:

the World Intellectual Property Organization

The general conflict-of-law rule for tort cases is that:

the court may decide what law to apply

One element of fraud or intentional misrepresentation is scienter. That means:

the defendant knew there was false information being passed on

The principal distinction between assault and battery is:

the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact

Under the common law trade name protection belongs to:

the first to use the name in a given area of business

Fact Pattern 3-2Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange."Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. Ellen contracts with James to be her stockbroker, making stock trades for Ellen's account. Ellen need not pre-approve the trades that James makes, only trades for more than $20,000. Ellen and James include a clause stating "that in case of any disputes arising out of this contract; the dispute shall be arbitrated using the rules of the New York Stock Exchange." ​ Ellen learns that since signing her contract with James, he has routinely been making trades worth more than $20,000 without her permission, and losing money. ​ After Ellen presents her dispute for arbitration, the parties will present their evidence before an arbitrator, or arbitral panel. This presentation is known as:

the hearing

Suppose an airplane crashes in Arkansas, injuring four passengers who file suit in South Carolina court. If the plane manufacturer is in Texas, the plane left from Texas to go to Virginia, and all injured parties are from Texas, an attorney for the pilot of the plane, hoping to keep the case in Texas, should argue that, under the conflict-of-laws rules:

the interests of Texas in resolving the case outweigh the interests of South Carolina

A disadvantage of the sole proprietorship form is often:

the limited alternatives for raising financial capital

Voir dire is:

the process used to select jury members

A profit is:

the right to remove valuable things from one's estate

The New York Stock Exchange is an example of a stock exchange where:

the stock of public corporations can be traded

The term res ipsa loquitur means

the thing speaks for itself

Which of the following is not an element needed to show negligence:

the wrongdoer owed a duty of care to the injured party a duty of care owed to the injured party was breached by an act of the wrongdoer the injured party suffered harm from legally careless conduct there is a causal connection between the injured party's harm and the wrongdoer's conduct Correct! all of the other choices are necessary elements

There is no assault if:

there is no fear of harm

____ is often used to protect interests in property.

tort law

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

unlimited liability

Almost nothing said in a negotiation may be:

used in a court case if the negotiation fails

False imprisonment:

violates the protected interest in freedom from restraint of movement

Mediation is:

voluntary

There are two types of dissolution of a corporation:

voluntary and involuntary

When an employee reports an employer's illegal act it is referred to as:

whistle blowing

Intentional torts are based on:

willful misconduct

Mike's is a highway construction company. Mike's is laying a highway through the mountains in West Virginia. At one spot they have to blast a hole through some rocks. Myra is hiking along the side of the road when the explosion occurs. She is thrown down by the explosion and breaks her leg. If she sues Mike's, she will:

win based on strict liability

Glasgow was electrocuted and died when he turned on his new television set. His family sued the TV maker, claiming design defect. The family will likely:

win because the product was defective

Requests for admissions are:

written requests for an admission of the truth in matters relating to the dispute

Parties present their arguments to appellate courts by:

presenting written briefs and oral arguments

Federal minimum wage requirements were initiated in ____ as part of the Fair Labor Standards Act.

1938

The Americans with Disabilities Act was passed in:

1990

Traditionally the minimum wage has averaged about:

50 percent of the average manufacturing wage

The ____ guarantees federal judges the right to serve "during good behavior."

Constitution

Lulene calls Ellen with the bad news and Ellen has a fit. She tells Lulene that's too bad, but the deal is off. Lulene says, "That's what you think!" and goes to see Amanda, her attorney. Assume that when Lulene and Ellen entered into the agreement Ellen was an enterprising 16-year-old. In this case:

Ellen may void the contract based on minority

The consumer must purchase the (defective) product directly from the manufacturer in order to prevail in strict liability based on express warranty.

False

Suppose when John found out that Loretta had a drug problem he became furious, because he knows that employees with drug problems tend to have higher medical bills. On the basis of her past drug problems, John fires Loretta. If Loretta challenged the dismissal, the court would find that:

John violated the Americans with Disabilities Act

A sexually hostile work environment is:

a form of sexual discrimination

Under ERISA, which of the following employees would be eligible for participation in employee benefit plans:

a full-time employee over 25 with at least one year of service

A primary boycott is:

a strike against an employer whose collective bargaining agreement is in question

Ms. Yu only hires Chinese men and women to work at her Chinese restaurant. She believes that customers prefer to be served by Chinese. Lisa Freeman (not Chinese) applies to work at the restaurant and is rejected. Yu's actions may be illegal:

disparate treatment

Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. If the EEOC issues a "right-to-sue" letter to Loretta, this means that her case against Minute:

has merit and she may proceed with a suit against her employer

It is NOT illegal, under the Americans with Disabilities Act, to ask a potential employee which of the following questions:

have you ever been arrested for driving under the influence of alcohol?

The hazard communication standard requires that chemical producers and users must conduct a ____ of each chemical they produce or use.

hazard determination

The workers at a meat packing plant are on strike. They picket the banks in town to put pressure on the meat packing plant to come to a settlement. The pickets at the banks are:

illegal secondary boycotts

A black and a white employee committed the same offense. The black employee was disciplined but not fired, the white employee was fired. The Supreme Court held that this treatment was:

improper reverse discrimination, which violates Title VII

If the EEOC investigates a discrimination claim and finds no reasonable cause:

it will dismiss the charge

In general, employment discrimination laws in Europe and Japan, compared to those in the U.S., are:

less protective of women and minorities

Loretta quit the next day. She filed a complaint against John with the local EEO office. John told EEO he fired Loretta was because of her drinking on the job. He referred them to Loretta's past work record which showed a drug problem. Loretta insisted that John harassed her and that she had not been drinking while at Minute. Under Title VII, Loretta is a member of a protected class based on sex. If she were also divorced, she would be given:

no additional protection

The main objective of the Employee Retirement Income Security Act of 1974 (ERISA) is to:

promote the growth of private pension plans and guarantee the expectations of those plans

Which of the following is not a requirement of the Drug-Free Workplace Act imposed on all companies that do more than $25,000 worth of business with the federal government?

test new employees for possible drug use

Wrongful discharge is a:

tort

​Seki agreed that Groupon could sell 18 hot air balloon rides on his Magical Adventures company balloons. He did not give Groupon permission to use his company name. When it did on its website, Seki sued Groupon for invasion of privacy. The court of appeals held that Seki had:

​a claim for invasion of privacy through misappropriation.