Test 2 study

The UCC has adopted the "mirror image" rule. True False

False

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product. True False

False

Arbitrary marks are real words whose ordinary meaning has something to do with the color or shape of the trademarked product. True False

False

Service marks are a form of trademarks. True False

False

To recover for a defective product, an injured person must be in a contractual relationship (privity) with the seller. True False

False

Under the preemption defense, certain federal laws and regulations that set minimum safety standards are held to preempt state-law product liability claims. True False

True

Employers must complete a(n) _____ form showing verification of the identity and employment eligibility of all persons hired. a. A1 b. A-12 c. I-9 d. Imm.1

c. I-9

Programs in effect in some states requiring employers to pay employees wages approximating the real cost of living in the locality are called __________ ordinances. a. accurate wage b. estimated expense c. living wage d. real cost

c. living wage

Payment of workers' compensation is based on fault. True False

flase

After a patent expires, the invention is dedicated to the public. True False

True

Under the UCC doctrine of commercial impracticability as applied by the UCC, a failure to perform is a breach even if performance is made impractical by an event unforeseen by the contract. True False

False

Trespass may occur below the surface of land. True False

True

A claim for sexual harassment may be asserted by either male or female employees. True False

True

A patent holder must personally make use of the invention. True False

False

According to the text, is an employer negligent for failing to protect an employee from being attacked by a dog, whether or not the dog is known to have abnormally dangerous propensities? a. An employer can be held strictly liable for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities. b. An employer can be negligent for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities. c. An employer cannot be negligent for failing to protect an employee from getting attached by a dog unless the dog is not known to possess abnormally dangerous propensities. d. An employer has no duties in regard to an animal on the premises because of the rule that animals cannot be absolutely controlled under any circumstances

b. An employer can be negligent for failing to protect an employee from getting attached by a dog, even if the dog is not known to possess abnormally dangerous propensities.

Chris sold Valerie a home containing a wood stove which could not be removed from the home without causing substantial damage. Shortly after the sale, Valerie sustained significant smoke damage due to a malfunction of the stove. She told Chris that she was going to sue him under the UCC. Chris told her that was not possible. Which of the following is true? a. Valerie is correct because the sale of the home would be covered under the UCC along with anything else sold with the home. b. Chris is correct because the stove would likely be a fixture not covered by the UCC. c. Valerie is correct because the stove would likely be a fixture covered by the UCC. d. Valerie is correct because the stove would not be considered a fixture and would, therefore, be covered by the UCC

b. Chris is correct because the stove would likely be a fixture not covered by the UCC.

Which of the following is NOT a type of warranty under the UCC? a. Merchantability b. Specific performance c. Express d. Fitness for a particular purpose

b. Specific performance

A plaintiff claiming disparate impact discrimination based on sex must prove that the employer intentionally discriminated against him or her by denying a benefit or privilege of employment (such as a promotion or pay raise) based upon the individual's sex. True False

False

The tort of conversion requires that the defendant know that the goods belonged to the plaintiff. True False

False

The tort of malicious prosecution protects the right to enjoy the benefits of legally binding agreements. True False

False

The National Labor Relations Act prohibits employers from discriminating against any employee to encourage or discourage membership in any labor organization. True False

true

In the International Union United Automobile, Aerospace & Agriculture Implement Workers of America, UAW v. Johnson Controls, Inc. case referenced in the text, employer Johnson Controls had a 'fetal protection policy' that essentially barred women from working in unsafe working environments unless the employee could medically document her inability to bear children. How did the U.S. Supreme Court rule? a. That the policy was allowable under Title VII unless the female employee had documented proof that the exposure would not likely harm a developing fetus. b. That the policy was a facially discriminatory policy forbidden under Title VII unless the employer had documented proof that the exposure would likely harm a developing fetus. c. That the policy was allowable under Title VII so long as the employer had a good faith belief that the exposure would harm a developing fetus. d. That the policy was a facially discriminatory policy forbidden under Title VII because it did not also apply to the reproductive capacity of male employees.

Court case question. No need to know... Answer D d. That the policy was a facially discriminatory policy forbidden under Title VII because it did not also apply to the reproductive capacity of male employees.

In the Holcomb v. Iona College case referenced in the text , a white assistant coach of a college basketball team alleged he was fired because he was married to an African American woman, and sued the college for violation of Title VII. How did the court rule? a. The court ruled that Title VII protects employees from discrimination based on their association with a person of a different race. b. The court ruled that Title VII was inapplicable because a private college, as opposed to a public college, was involved. c. The court ruled that Title VII protects the parties involved in a racially mixed marriage, but that in other situations, such as dating relationships, Title VII would not apply. d. The court ruled that Title VII was inapplicable to such claims.

Court case question. No need to know... Answer is A a. The court ruled that Title VII protects employees from discrimination based on their association with a person of a different race.

The PLIVA, Inc. v. Mensing case discussed in the text, involved the issue of whether the federal law requirement that generic drugs must bear the same FDA-approved labels as their brand-name counterparts preempts state law claims for failure to warn. What was the holding by the US Supreme Court? a. That federal law preempted state law claims for failure to warn based on negligence but that failure to warn claims based on strict liability could proceed. b. That federal law preempted state law claims for failure to warn. c. That federal law did not preempt state law claims for failure to warn. d. That federal law preempted state law claims for failure to warn based on strict liability but that failure to warn claims based on negligence could proceed.

Court case. No need to know. Answer is B .That federal law preempted state law claims for failure to warn

Trespass to personal property and conversion are different names for the same tort. True False

False

Under federal law, employees may not waive their rights under the Age Discrimination in Employment Act (ADEA). True False

False

Under the Americans with Disabilities Act (ADA) a person who is only regarded as having an impairment that substantially limits one or more of that person's major life activities cannot qualify as disabled. True False

False

Under the Children's Online Privacy Protection Act, websites are prohibited from collecting personal information from children regardless of whether parental consent is obtained. True False

False

In regard to a product liability action, a disclaimer of liability is generally effective. True False

False

Under federal law there are no caps on either compensatory or punitive damages when sexual discrimination is involved. True False

False

An unusual use that is reasonably foreseeable may be considered a normal use of a product. True False

True

Efforts to create a comprehensive uniform state law for software licensing have been largely unsuccessful. True False

True

Federal legislation to amend Title VII to include sexual orientation has not been enacted. True False

True

Intellectual property is any product or result of a mental process that is given legal protection against unauthorized use. True False

True

Under the __________ defense, a manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk harm, or danger if the sophisticated user knew or should have known of the risk, harm, or danger. a. sophisticated user b. absolute user c. excused warning d. unnecessary warning

a. sophisticated user

The __________ doctrine provides that copyright protection does not extend to the useful application of an idea. a. useful article b. equivalents c. design d. utility

a. useful article

Section 7 of the NRLA gives union employees the right to engage in "concerted activities" for collective bargaining or other mutual aid or protection. ​ True False

true

An employer may not be held directly liable under tort law for the failure to use care in issuing a reference. True False

False

A statute of repose cuts off the right to assert a product liability action. True False

True

A design defect may result from the manufacturer's choice of the product's materials. True False

True

The principal federal law prohibiting discrimination in employment on the basis of age is: a. Title VII. b. ADEA. c. OWBPA. d. EEOC.

b. ADEA.

Under the Convention on Contracts for the International Sale of Goods (CISG), an offer becomes effective when: a. it reaches the offeree. b. the offeror sends it. c. the offeree reads it. d. the offeree replies.

it reaches the offeree.

Trade secrets are protected for an indefinite time. True False

True

As a matter of law, a combination of two inventions cannot be considered nonobvious. True False

False

State and local governments are prohibited from complying with the overtime provisions of the Fair Labor Standards Act by giving employees compensatory time in lieu of overtime pay. True False

False

The Employee Polygraph Protection Act completely bans the use of polygraph exams. True False

False

The UCC applies identical rules concerning the sales of goods to merchants and nonmerchants. True False

False

The UCC treats fixtures as goods. True False

False

The Uniform Computer Information Transactions Act is a federal law. True False

False

The federal statutes on race, gender and employment discrimination apply both to employees and independent contractors. True False

False

A court is not bound by the Restatement's formulation of product liability law. True False

True

Federal legislation to amend Title VII to include sexual orientation has not been enacted. True False

True

Many states have applied Article 2 of the UCC to software licenses either directly or by analogy. True False

True

Many states have passed their own fair employment acts. True False

True

Most courts require that a plaintiff prove reliance on an express warranty in order to recover damages. True False

True

The Fair Labor Standards act does not limit the number of hours that an employee may work in a workweek or workday, as long as the employee is paid appropriate overtime. True False

True

The U.S. Supreme Court ruled that living organisms can be patented if they are human-made. True False

True

The UCC permits a contract to be enforced if the parties intended a binding contract, even though important terms may have been left open for later agreement. True False

True

Under federal law, individuals under the age _____ have no protection from discrimination based on age. a. 40 b. 50 c. 55 d. 60

a. 40

A __________ defect occurs when, even though the product is manufactured according to specifications, it is unreasonably dangerous to users. a. state of the art b. manufacturing c. design d. contractor's

c. design

A court order prohibiting a defendant from continuing a certain activity would be called a(n): a. indictment. b. edict. c. due care order. d. injunction.

d. injunction.

The Bilski v. Kappos case referenced in the text, involved a question of whether a business process explaining how buyers and sellers of commodities in the energy market can use hedging to protect against price fluctuations is patentable. How did the U.S. Supreme Court rule? a. The court ruled that more information was needed regarding expected profits before a determination could be made as to patentability. b. The court ruled that the claimed invention was a patent-eligible process. c. The court ruled that the claimed invention was not a patent-eligible process because under federal patent law, no business methods may be the subject of patents. d. The court ruled that the claimed invention was not a patent-eligible process because it was an abstract idea.

Court case no need to know asnewr is D

CASE 10.2 Branham v. Ford Motor Co. ( 2010) was reversed and remanded for a new trial, with plaintiff ordered to prove the __________ approach, after the court adopted the __________ regarding defective product claims. a. ​reasonable alternative design, Restatement (Third) b. ​unavoidably safe product, Restatement (Third) c. ​reasonable alternative design, Restatement (Fourth) d. ​inadequate warnings, Restatement (Third)

Court case. No need to know. a. ​reasonable alternative design, Restatement (Third)

What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market? a. Allocative b. Strategic c. Productive d. Economic

c. Productive

The tort of intentional infliction of emotional distress protects a person's right to peace of mind. True False

True

Congress has introduced the Fair Minimum Wage Act of 2013, which would increase the minimum wage to __________ by 2016. a. $10.10 per hour b. $15.00 per hour c. $6.75 per hour d. $8.88 per hou

a. $10.10 per hour

Chris sold Valerie a home containing a wood stove which could not be removed from the home without causing substantial damage. Shortly after the sale, Valerie sustained significant smoke damage due to a malfunction of the stove. She told Chris that she was going to sue him under the UCC. Chris told her that was not possible. Which of the following is true? a. Valerie is correct because the stove would likely be a fixture covered by the UCC. b. Valerie is correct because the sale of the home would be covered under the UCC along with anything else sold with the home. c. Valerie is correct because the stove would not be considered a fixture and would, therefore, be covered by the UCC. d. Chris is correct because the stove would likely be a fixture not covered by the UCC.

d. Chris is correct because the stove would likely be a fixture not covered by the UCC.

If a sales contract requires the seller to ship the goods by carrier and specifies the destination, the risk of loss passes to the buyer when the: a. contract is finalized. b. seller pays for the goods. c. goods are properly delivered to the carrier. d. carrier tenders the goods to the buyer at the specified destination.

d. carrier tenders the goods to the buyer at the specified destination.

A product liability action brought in tort generally permits recovery of economic damages suffered by a purchaser of an inferior or defective product whereas a breach of warranty action would not allow such a claim. True False

false

The National Labor Relations Act prohibits employers from interrogating employees about union sentiment or activity. True or False

true

Which of the following is the majority approach when resolving contradictory terms in pre-printed forms? a. The majority approach is the assimilation view whereby terms of the offer prevail over the different terms in the acceptance only if the latter are materially different. b. The majority approach is that the offeror's terms control. c. The majority approach is that the offeree's terms control. d. The majority approach is to apply the knockout rule with conflicting terms knocked out of the contract.

Answer is D The majority approach is to apply the knockout rule with conflicting terms knocked out of the contract.

The packaging or dressing of a product may be protected under the trademark laws as trade dress. True False

True

Title VII has been successfully used to challenge English-only workplace rules. True False

True

Tort damages generally attempt to restore the plaintiff to the same position he or she was in before the tort occurred. True False

True

Intent cannot be implied. True False

False

Which of the following is true regarding employment laws within the European Union? a. In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment. b. The European Union has attempted to bring uniformity to the laws related to termination of employment. c. No member states of the European Union recognize the U.S. concept of employment at will. d. The European Union has attempted to bring uniformity to the laws related to termination of employment, but laws of the United Kingdom provide significantly more benefits and legal protection to employees than do the employment laws of France.

a. In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment.

Paul attempted to hit Bruce without good cause; but Bruce ducked, and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action, if any, Alice would have against Paul? a. Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery. b. Alice would not have any cause of action against Paul because he hit her by accident. c. Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault and battery. d. Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault.

a. Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery.

Which of the following is generally true regarding an award of lost future earnings in discrimination cases? a. Damages for lost future earnings may be awarded in addition to damages for front pay. b. Damages for lost future earnings are generally available so long as front pay is not awarded. c. Damages for lost future earnings are not available if either an award of back pay or front pay is given. d. Damages for lost future earnings are not available.

a. Damages for lost future earnings may be awarded in addition to damages for front pay.

Which of the following is NOT a rationale of strict product liability? a. Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally. b. Manufacturers should not escape liability simply because they typically do not sign a formal contract with the end-user. c. The law should protect consumers against unsafe products. d. Manufacturers and sellers of products are in the best position to bear the costs of injuries caused by their products.

a. Manufacturers should not escape liability simply because they acted negligently as opposed to intentionally.

Following several injuries, a manufacturer of a chain saw installed an additional safety guard. In a lawsuit based on products liability, which of the following is the company's best position in opposition to a plaintiff's efforts to introduce evidence of the modification? a. That the modification involved a subsequent remedial measure. b. There is no best position because it is well established that the evidence would be admitted. c. That the company was not negligent. d. That the modification was just recently designed.

a. That the modification involved a subsequent remedial measure.

Under the UCC, the __________ term(s) must be in a writing order to satisfy the statute of frauds. a. quantity b. price c. identity of the parties d. time and place for delivery

a. quantity

Which of the following are generally NOT subject to the employment-at-will rule? a. Public employees b. Employees who have express employment contracts for a fixed term and public employees c. Public employees, employees who have express employment contracts for a fixed term, and union employees d. Public employees and union employees

b. Employees who have express employment contracts for a fixed term and public employees

Which of the following is not a type of U.S. patent? a. Design patent b. Service patent c. Utility patent d. Plant patent

b. Service patent

Which of the following is NOT a part of a patent application? a. The drawings b. The declaration of prior art c. The specifications d. The claims

b. The declaration of prior art

Which of the following does NOT involve liability for an intentional tort? a. defendant is found liable for battery b. A defendant is found liable for false imprisonment c. A defendant is found liable based on successor liability d. A defendant is found liable for invasion of privacy

c. A defendant is found liable based on successor liability

Which of the following is true regarding employment laws within the European Union? a. The European Union has attempted to bring uniformity to the laws related to termination of employment. b. The European Union has attempted to bring uniformity to the laws related to termination of employment, but laws of the United Kingdom provide significantly more benefits and legal protection to employees than do the employment laws of France. c. In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment. d. No member states of the European Union recognize the U.S. concept of employment at will.

c. In order to facilitate trade, the European Union has mandated that all member states apply the same laws regarding employment.

Sally purchased a used toaster at a yard sale. The seller told Sally that although the toaster was over ten years old, she had not had any problems with it. Sally takes the toaster home and uses if for a few months. One day, however, as Sally was using the toaster, it malfunctioned and caused a small fire in Sally's kitchen along with significant smoke damage. Sally decides that she wants to sue the manufacturer of the toaster and that she is going to do so within one month of the fire. What would likely be the manufacturer's best defense in a strict liability in tort action brought by Sally? a. There would be no viable defense. b. The statute of limitations c. The statute of repose d. The fact that Sally bought the toaster at a yard sale, not from a recognized retailer

c. The statute of repose

The term __________ is used to describe a nonpracticing entity that purchases one or more patents with the intent to enforce the patents against infringers, rather than to manufacture a patented product or supply a patented service. a. patent hoarder b. patent stasher c. patent troll d. illegal user

c. patent troll

To prove __________ in a product liability case, the injured party must show that the defendant did not use reasonable care in the design or manufacture of its product. a. strict liability b. breach of warranty c. defect d. negligence

d. negligence

Spoken defamation is known as: a. libel. b. invasion of privacy. c. malicious intent. d. slander.

d. slander.

Under the UCC, the __________ term(s) must be in a writing order to satisfy the statute of frauds. a. time and place for delivery b. quantity c. price d. identity of the parties

b. quantity

The term, "Holiday Inn" has a(n) __________, because the public associates the term with a particular provider of hotel services. a. certification mark b. secondary meaning c. service mark d. suggestive mark

b. secondary meaning

According to the UCC, if no amount of time is specifically stated, a firm offer provided by a merchant must be kept open for a reasonable period of time, up to: a. sixty days. b. three months. c. six months. d. one year.

b. three months.

__________ includes demotions, reductions in pay or other actions that affect a​n employee's status in a tangible manner. a. ​Accommodation b. ​Adverse employment action c. ​Notice of right to sue d. ​ Quid pro quo

b. ​Adverse employment action

What must a plaintiff show to successfully sue for malicious prosecution? a. That a prior proceeding was instituted maliciously, that the plaintiff was a public official or public figure, and that the earlier case was resolved in the plaintiff's favor. b. That a prior proceeding was instituted against him or her negligently and that the earlier case was resolved in the plaintiff's favor. c. That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis, and that the earlier case was resolved in the plaintiff's favor. d. That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis.

c. That a prior proceeding was instituted against him or her maliciously and without probable cause or factual basis, and that the earlier case was resolved in the plaintiff's favor.

Fact Pattern 11-2 ​Professor Peter enjoys using a small manual containing information on employment laws in his business law class. The manual costs $100 and is published by We Publish book publishers. Because Professor Peter wants to save his students some money, he copies the manual and has ABC Copy Store make copies for students. Students are required to purchase the copies directly from the copy store. Professor Prudence, who dislikes Peter because she believes he blocked her tenure application, hears about the deal and notifies the publishing company. The publishing company demands that the process be stopped and prepares to seek damages. ​Refer to Fact Pattern 11-2. Can Copy Store be found guilty of copyright infringement? a. No, because Professor Peter ordered the copying, and the store was simply following directions. b. No, because the use was for education and would be considered a fair use. c. Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission. d. Yes, but only if the store failed to have Professor Peter agree to indemnify it for any alleged copyright infringement.

c. Yes, copy stores can be found liable for copyright infringement for copying without obtaining permission.

A(n) __________ places the license terms on the outside of a box containing software. a. click-wrap license b. browse-wrap agreement c. shrink-wrap license d. computer-license agreement

c. shrink-wrap license

Paige is 64 years old and would like to retire from her job at a large accounting firm. She, however, is concerned about health insurance. She would not be eligible for Medicare benefits until age 65, and due to some serious health conditions, she would not be able to obtain insurance in the private market. She has good health insurance at the accounting firm and is considering putting off her retirement so that she can keep it. ​Refer to Fact Pattern 12-2. Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare? a. The Insurance Protection Act b. The Employee Security Act c. The Health Insurance Portability and Accountability Act d. The Consolidated Omnibus Budget Reconciliation Act

d. The Consolidated Omnibus Budget Reconciliation Act

Polly buys a new iron and uses it for a few months without incident. She was surprised, however, when one day the iron gave her a significant shock. She suffered no lasting damages, but did have some pain from the incident. A few weeks later she read in the newspaper that the manufacturer had known for over a year about the iron's propensity to shock users, but had refused to take recall measures. She also read that some users had been severely shocked. Polly was outraged but wondered if she could sue because she really did not have significant injuries. ​Refer to Fact Pattern 10-1. What type of damages would likely give Polly the most significant recovery? a. Compensatory b. Nominal c. Benefit of the bargain d. Punitive

d. Punitive

A __________ placed on a product indicates that the product has met the certifier's standards of safety or quality. a. service mark b. certification mark c. trademark d. trade name

b. certification mark

Under the doctrine of __________ liability, once the court determines that multiple defendants are at fault, the plaintiff may collect the entire judgment from any one of them, regardless of the degree of that defendant's fault. a. joint and individual liability b. joint and several c. contributory liability d. cumulative liability

b. joint and several

Which of the following is true regarding the filing of a claim under Title VII? a. A plaintiff must file a charge with the EEOC, but the plaintiff may also personally institute a court action to run concurrently with the EEOC investigation. b. A plaintiff is required to file a charge with the EEOC; but in the event the EEOC does not pursue the matter, the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC. c. There is no requirement that a claim be filed with the EEOC so long as a complaint is filed by a private lawyer within six months after the alleged unlawful employment practice occurred. d. Although there is not a requirement that a plaintiff first file a charge of discrimination with the EEOC, a plaintiff who does not file a charge may only recover back pay from the date a court action is filed.

b. A plaintiff is required to file a charge with the EEOC; but in the event the EEOC does not pursue the matter, the plaintiff may proceed personally after receiving a right-to-sue letter from the EEOC.

Blake lives in a jurisdiction that applies joint and several liability along with the doctrine of contribution. He was involved in a very unfortunate motor vehicle accident. Tony hit Blake's new Mercedes in the rear just as Cathy crossed the center line and sideswiped him. Blake's car was severely damaged, and Blake suffered from whiplash for a few weeks. Blake sued both Tony and Cathy. It was determined at trial that both Tony and Cathy were negligent, that Blake was not negligent, that Tony was 60% responsible for Blake's injuries, that Cathy was 40% responsible for Blake's injuries, and that Blake's total damages were $100,000. ​Refer to Fact Pattern: Assuming she has the financial resources or sufficient insurance, can Blake recover the entire $100,000 from Cathy? a. No, because joint and several liability is in effect. b. Yes. c. Only if Blake can establish that Tony is insolvent can he recover the entire amount from Cathy. d. No, but only because she was found to be less at fault than Blake.

b. Yes.

Leave under the Family and Medical Leave Act is: a. paid leave for 10 weeks and then unpaid. b. paid leave. c. paid leave for 3 weeks and then unpaid. d. unpaid leave.

d. unpaid leave.

Richard is starting a new security service. He tells his attorney, Kiera, that while he plans to prohibit all acts of discrimination and harassment, he cannot be all places at all times. Richard asks Kiera if there is anything he can do to limit his liability. What should she tell him? a. She should tell him that there is nothing he can do because under the law, he is automatically liable for any acts of harassment committed by supervisors. b. She should tell him that he should take advantage of a loophole in Title VII that allows business owners to opt out of the harassment provisions of Title VII. c. She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability. d. She should tell him that he has nothing to worry about because as long as he has a rule prohibiting harassment, he cannot be held liable for acts of supervisors.

c. She should tell him that he should have a policy provided to all employees offering to correct any offensive conduct, and that an unreasonable failure by an employee to take advantage of corrective opportunities offered through the policy would help him avoid liability.

Which of the following does Executive Order 11246 require that federal contractors include in every nonexempt government contract? a. An agreement to hire a certain quota of minorities. b. An agreement to perform audits of discriminatory practices. c. An agreement to hire a certain quota of minorities and an agreement to perform audits of discriminatory practices. d. An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin.

d. An agreement not to discriminate in employment on the basis of race, color, religion, sex, or national origin.

Which of the following is the exercise of dominion and control over the personal property, rather than the real property, of another? a. Trespass b. Invasionary deceit c. Both conversion and trespass d. Conversion

d. Conversion

Samantha develops a new type of comb that effectively removes loose dog hair and eliminates problems with shedding. Samantha had never seen such a comb on the market and was very surprised when she received notification that she was being sued for patent infringement by the holder of a patent on a similar type of comb. Samantha investigates and determines that the earlier patent was valid. Her friend Harry, a first year law student told her that she could not be guilty of patent infringement because she was not aware of the earlier patent, and that she should proceed to at least sell the rest of her inventory. ​Refer to Fact Pattern 11-1. Assuming the validity of the earlier patent, which of the following is true regarding Samantha's rights to legally continue selling the combs? a. Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely without providing any royalties to the holder of the initial patent. b. She may continue selling the combs until she sells the rest of her inventory, but she must then stop. c. Since she was not aware of the earlier patent when she started marketing her combs, she can continue to sell the combs indefinitely, but she must pay reasonable royalties to the holder of the initial patent. d. She should stop selling the combs immediately.

d. She should stop selling the combs immediately.

Based on the text, if employees sue a company who transmits their names and Social Security numbers to managers in the company in an unsecured manner, how might a court rule? a. The court might rule that a publication occurred and that the employees could proceed with a cause of action based on invasion of privacy. b. The court might rule that the employees had no right to privacy in relation to distribution of social security numbers because the numbers are issued by the government. c. The court might rule that the employees could not proceed with an action for invasion of privacy because health information was not involved. d. The court might rule that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.

d. The court might rule that the employees could not proceed with an action for invasion of privacy because no publication of the information at issue occurred.

A __________ cuts off the right to assert a cause of action after a specified period of time from the delivery of the product or the completion of the work. a. statute of resolution b. statute of limitations c. revival statute d. statute of repose

d. statute of repose