Law Exam

The object of trademark law is to prevent customer confusion.

True

Agents derive power from themselves.

False

The division of authority between the federal and state governments is known as

Federalism

Employees of places of worship may be required to participate in religious activities as a condition of employment.

True

Eric is a general contractor who asks for assistance from a lumber yard in selecting the best hardwood for a client's cabinets. Under agency law, Eric's client is a

Partially disclosed principal

General partners have an equal voice in management unless modified in the articles of partnership.

True

Appellate courts

Review trial court decisions

A bona fide purchaser usually wins a title dispute against those who did not properly record their property deed.

True

A car valet is an example of a

Voluntarily bailment

Under the prior appropriation water doctrine, those who live next to the water have the right to use the water.

False

Corporate officers and directors may be subject to liability for unprofitable decisions.

False

To be eligible to file a derivative action, a shareholder must have owned shares within the past 10 years.

False

Guidelines issued by an agency to businesses and individuals about how to comply with the law are

Interpretive

A legal theory under which shareholders or the parent company are held liable for the corporation's actions or debts is

Piercing the corporate veil

A shareholder's privilege to buy newly issued stock in the corporation before shares are offered to the public is their

Preemptive right

Law that describes the rules that must be followed in court is

Procedural Law

Raffy goes bungee jumping to celebrate his thirtieth birthday and sustains whiplash. If Raffy sues the bungee jumping operator, Raffy will lose because whiplash is a known risk of bungee jumping and Raffy therefore assumed the risk when he decided to partake.

True

The default rule is that each partner shares equally in the profits and losses of a partnership.

True

Mutual assent, or a meeting of the minds, requires an offer and consideration.

False

When a partnership has insufficient cash flow and needs to sell assets to pay debts this is called

Partial winding up

A tenant whose lease has ended and remains on the property without a landlord's permission creates a

Tenancy at sufferance

Laura purchases a home on behalf of her friend Jazzy who is a very private individual. Laura puts title in her own name and transfers title to Jazzy after closing. When interacting with the seller's real estate agent and all other parties, Laura acts as through she is purchasing the home for herself. Under agency law, Jazzy is a

Undisclosed principal

Patents granted by the USPTO also protect an inventor's interest internationally.

False

Owners of preferred stock have additional voting rights.

False

Jan approaches a customer service desk and is greeted by Joan who is wearing a Home Depot apron with her name on it. Under agency law, Home Depot is a

Disclosed principal

In limited circumstances, shareholders may be liable for corporate acts or debts.

True

Partnerships may choose any name without limitations.

False

An agent's liability on a contract depends on how much the third party knows about the principals.

True

The most protected type of free speech under the First Amendment is

Political

All employees are agents but not all agents are employees.

True

The shopkeeper's privilege allows business to detain suspected thieves for up to four hours.

False

Businesses that engage in e-commerce to outside states are subject to federal regulation under the

Commerce Clause

A patent that protect the appearance of a product is a

Design patent

Under Title VII, intentional discrimination is called

Disparate treatment

The constitutionality of government-sponsored discrimination implicates the

Equal Protection Clause

Administrative agencies only exist in the executive branch.

False

After exhausting administrative remedies, an appeal goes directly to the Supreme Court.

False

Title VII only covers hiring not promotion and other employment related issues.

False

A person authorized to vote on another's stock shares is a

Proxy

Realtors, athlete's agents, and employment recruiters are examples of

Special agents

All crimes require actus reus and mens rea except strict liability crimes.

True

An LLC can be taken public by issuing stock.

False

Direct patent infringement occurs when someone "designs around" a patent by creating a product that is substantially the same and performs a similar function.

False

Freddie is fired from a local restaurant after he reports the restaurant to the local health inspector for failing to maintain required food temperatures on its buffet. The firing is lawful.

False

Silence, without more, can constitute offer acceptance.

False

Josie is an officer manager for a law firm. The law firm notified Office Depot that Josie has permission to place law firm orders for office supplies. Josie leaves employment with the law firm but the law firm does not notify Office Depot. The next week, Josie places an order and keeps the supplies for herself. As between Office Depot and the law firm, the law firm

Owes the money under apparent agency theory

An entrepreneur who has total autonomy over their business has a

Sole proprietorship

Employers must provide reasonable accommodations to any disabled employees who ask.

True

If someone challenges the validity of a patent, final validity rests with US federal courts.

True

In delegation and assignment, the original contracting party is not off the hook without a novation.

True

A common law system is

Adversarial

The trial-like procedure or hearing used by agencies to enforce their actions and determine whether a business or individual has violated regulations is

Adjudication

When one or more corporations are dissolved and a new corporation is created this is called

Consolidation

The source of law that protects specific individual civil rights and liberties is

Constitutional Law

Catherine punches Sarah in the face. Catherine has committed the following tort(s)

Assault and battery

Federal court judges have lifetime tenure and a salary that cannot be reduced pursuant to

Constitutional Law

Stop and frisk and the automobile exceptions to a warrant are based on

Officer safety

The default rule is that property brought into the partnership or acquired by it becomes partnership property.

True

The provisions of Title VII are meant to protect all individuals from race discrimination.

True

In a partnership, all partners must make equal monetary contributions.

False

Patents, trade secrets, copyrights, and trademarks are examples of

Intellectual property

In a general partnership, partners are subject to

Joint and several personal liability

A partner who is only liable up to the amount of their contribution is a

Limited partner

Lauren opens a can of green beans and finds a large spider inside. Lauren sues the manufacturer for negligence. To establish duty of care, Lauren

May use res ipsa loquitur to show breach

Jo's business fails to comply with administrative laws regulating water pollution. This is a violation of

Public Law

What legal system is typically used to supplement a national legal system?

Religious Law

Police lawfully stop Jacinda for running a red light. The officer searches the car and finds a phone in the back seat matching the description of a phone stolen in the area a few hours ago. The officer may

Seize the phone under the automobile exception

Raquel and Miranda want a divorce. They may bring a divorce case in

State court but not federal court because it lacks diversity and federal question jurisdiction

Frankie is cited for failing to stop at a red light. What type of law is he in violation of?

Substantive Law

The US Supreme Court has ruled that corporations may donate to political campaigns under the

First Amendment

Corporate officers are appointed by

The board of directors

The police seize illegal drugs from the dashboard of Jacob's car and charge him with possession. The illegal drugs are

Admissible in court as they were in plain view and no warrant was required

If a principal is partially disclosed, a contract third party may only recover from the principal.

False

A landowner owes the highest duty of care to protect

Invitees

Zeb eats at a restaurant and dislikes the food and decor. He writes a review on Yelp indicating this. Zeb has

Not committed a tort because he did not make a false statement

Sue sues a national grocery store chain when she slips and falls on spilt milk suffering $100,000 in damages. If Sue is a citizen of Ohio and the store is a citizen of Delaware, Sue may sue in

State court or federal court under diversity jurisdiction

Legislatures create

Statutory Law

The Equal Pay Act only compares wage compensation between men and women.

False

There is no recourse for a denied FOIA request.

False

Title VII of the Civil Rights act prohibits discrimination on the basis of specific minority races, colors, religions, genders, and national origins.

False

Corporations are incorporated under

State law

Jack lives in a rural area and Jack shoot bullets across his neighbor's lot while engaged in target practice. Jack has committed the tort of

Trespass

If more than 75% of employees vote for a union, the NLRB designates the union as the exclusive representative of the employees.

False

Individuals and businesses are not responsible for accidents because in a an accident there is no intent to cause harm.

False

OSHA regulations are the same regardless of industry.

False

Street and violent crimes and types of white collar crime.

False

The scope of patent law exceeds trade secret protection.

False

To request documents under FOIA, the requester must send a signed affidavit to the agency detailing what information is requested.

False

Verbal agreements to marry are enforceable in court.

False

Pat coveys to her land to the state "so long as it is used as a school for the arts." This is an example of

Fee simple defeasible

Edith promises her granddaughter Emmy that if Edith decides to upgrade her gold bracelet, she will give Emmy her old one. This offer is

Invalid as an illusory promise

A business organization that is created for a single transaction or a limited activity is a

Joint venture

Mo buys a toilet and installs it in his bathroom. What type of property is the toilet?

Personal property once purchased and real property once installed as a fixture

A pyramid scheme is also known as a Ponzi scheme.

True

Businesses can be both victims and perpetrators of crime.

True

Contracts are a legally enforceable type of private law.

True

Copyrights that expire seventy years after the death of the author or creator become part of the public domain.

True

Corporations are subject to double taxation.

True

In general, employees may quit a job at any time for any reason, with or without notice.

True

Partners' capital contribution to their partnership may not include business experience.

True

Partnership agreements are only between partners.

True

The difference between fraud and puffery is whether the statement is one of fact or opinion.

True

Trademarks last forever because they are not subject to the Constitution's time limit exception.

True

Typically employees who voluntarily quit their job are not entitled to unemployment compensation insurance.

True

When YouTube removes videos that contain copyrighted songs at the request of the copyright holder, the DCMA protects YouTube from a copyright infringement claim.

True

When an act gives rise to a criminal charge and a civil tort action, these are called parallel causes of action.

True

Who is the fact finder in a jury trial?

The jury

A legal entity separate and distinct from its owners is a

Corporation

The statute that controls all aspects of agency authority is the

Administrative Procedures Act

Discrimination on the basis of religion, gender, and national origin is allowed if there is a

BFOQ

The employment law created in response to fraudulent handling of pension plans that derived employees of savings at the time of their retirement is

ERISA

Administrative agencies are created by Congress or state legislatures through an

Enabling act

The Bill of Rights applies

Everyone on US soil

Agencies within the president's cabinet are

Executive agencies

Negligence occurs when a tortfeasor

Failed to act as a reasonable person

A franchise is a separate form of business organization.

False

A written partnership agreement is required to create a lawful partnership.

False

Erica grabs a hoodie from the Sinclair bookstore and skips the line without paying. Erica has committed the crime of

Larceny

Phil makes Stephanie an offer to buy her car. Stephanie refuses his offer thinking she can get a better price. A few days later Stephanie realizes Phil offered her the highest price she can get. Phil's offer

No longer exists because Stephanie rejected it

Green beans growing in a garden that are picked for a salad are

Real property while growing and personal property once picked

After a picnic in the park, Noor leaves extra picnic supplies in the shelter for the next person to use. The picnic supplies are

Abandoned and the finder acquires rights

Alice buys a bottle of air from Paris on Amazon for $100. This is not an item that parties can contract for.

False

What legal system permits the judge to shape the parties' legal claims?

Civil Law

Employee handbooks are legally unenforceable guidelines.

False

The prohibition against double jeopardy is protected by the

Fifth

Tom signs an employment contract to work as a nurse at Miami Valley Hospital for $70,000 a year. This contract is

Bilateral and express

Enumerated powers in the Constitution grant specific powers to the

Congress

The duty of care requires corporate officers and directors to make informed decisions.

True

Under Title VII, unintentional discrimination when a rule or policy is not discriminatory on its face but negatively impacts a protected group when applied is called

Disparate impact

Injured employees whose damages exceed workers' compensation insurance coverage may sue their employer for the additional damages.

False

A tort may arise from an act or failure to act.

True

What common law principle provides consistency and predictability in the law?

Precedent

Cases appealed to the US Supreme Court come from the

US Court of Appeals

Damages are determined in the

Trial Court

Luke's child is injured on Luke's exercise bike. Luke brings a case against the bike manufacturer alleging a violation of

Private Law

Before filing a federal lawsuit alleging employment discrimination, employees must file a complaint with the

EEOC

When Congress states that it is regulating an area completely, this is called

Express preemption

Businesses are legal persons and therefore may assert a Fifth Amendment right against self-incrimination.

False

When a business grants to another the sole right of engaging in a certain business or in a business using a particular trademark in a certain area, this creates a

Franchise

Henry works for a car repair shop that employs 15 people. Henry's first child is on the way and Henry requests FMLA leave. The repair shop

May deny Henry's request because the repair shop not subject to the FMLA

Judy sets down her jacket on a bench while jogging. When she gets home, she realizes she does not know where she put her jacket. The jacket is

Mislaid and the finder has no rights

An individual may become a partner without making a capital contribution as long as the other partners agree to it.

True

The right to notice, a hearing, and right to appeal is provided by

Procedural due process

Laws that affect fundamental rights are subject to

Strict scrutiny and likely to be found unconstitutional

Powers held by both federal and state governments are called

Concurrent

Brian tells his lawn service he will hire them to do some landscaping he needs done, but the parties do not enter into a binding contract. The lawn service begins to acquire necessary mulch and plants that the lawn service does not need for any other projects. At the last minute, Brian decides to do the work himself and apologizes to the lawn service. The lawn service would likely

Be successfully in a lawsuit based on promissory estoppel

The doctrine of respondeat superior does not apply to

Independent contractors

Subject matter jurisdiction is the authority of the court to hear a case based on the

Type of dispute

Lucy is prosecuted for shoplifting which is a violation of Ohio law. The case may be brought

State court but not federal court because it lacks diversity and federal question jurisdiction

Workers' compensation is an insurance system whereby employees injured on the job can recover compensation without a lawsuit. Workers' compensation is a no-fault system.

True