Acct 215 exam 4 simulations

Which of the following statements would be unlawful for a debt collector to make?

"If you don't pay your debt, I will make your life difficult"

Which of the following statements would most likely lead to a case of fraud if proven untrue and material?

"This computer is brand-new and has not been used before"

James works for Brawnson Enterprises. James has worked for the company for 15 years. He brings his own tools to Brawnson each day he works. Brawnson pays him by the completed job. James works for other companies on a routine basis. Which of the previously listed facts point towards James being an employee as opposed to an independent contractor of Brawnson Enterprises?

15 year working relationship

Which of the following statements is true?

A business necessity defense is an applicable defense to a claim of disparate-impact

The case of Stewart v. Judy resulted in

A farmer gaining land through adverse possession

Assume Randy cannot tolerate his work environment any more because of the constant harassment he faces regarding his religion. Based upon these facts alone, it appears Randy is facing

A hostile work environment

Assume Jennifer is selling her house. Which of the following would most likely be considered a fixture for purposes of property law?

A sink

First National Bank advanced over 100,000 dollars to BBQ Fast Restaurant. BBQ Fast Restaurant has now filed chapter 11 bankruptcy. In order to protect its financial interest during the bankruptcy proceedings, First National Bank should seek protection under the doctrine of

Adequate protection

Which of the following parties can file a Chapter 13 bankruptcy proceeding petition?

Alex, a debtor

In the case of Ohio v. Kovacs, the court had to determine whether or not Mr. Kovacs owed a liability towards the state of Ohio. At issue was

An injunction

Which of the following is most likely to be considered an exempt asset under federal bankruptcy law?

An ownership interest in a motor vehicle

Principals are most likely to have liability for an agent when the agent commits?

An unintentional tort while acting at the direction of the principal

Which of the following generally happens before the others as part of a federal bankruptcy proceeding?

Automatic Stay

Which of the following is not required under the Telemarketing Sales Rule of 1995?

Average age of worker

Assume PLC Accounting Firm requires all employees to obtain a CPA license as a condition of employment. This requirement unintentionally discriminates against members of a protected class. PLC Accounting Firm argues state law requires a CPA license to perform the type of work engaged in by its employees. Based upon these facts alone, which of the following defenses is PLC Accounting utilizing?

Business necessity

The term caveat emptor means

Buyer beware

Virginia recently quit her job because she did not enjoy the work or the long commute that her job required her to make. Virginia was never discriminated against or physically hurt on the job. Based upon these facts alone, Virginia might benefit from

COBRA

Circuit City, a corporation, filed for bankruptcy. It continued to operate as a business but needed assistance with revising its debt payments. A bankruptcy court created a repayment plan for Circuit City. Based upon these facts alone, Circuit City most likely filed bankruptcy under

Chapter 11

According to our class lecture, which of the following chapters of the federal bankruptcy code is considered to be the least complicated and least expensive chapter which an individual debtor can file?

Chapter 13

Which of the following results in a liquidation of assets and discharge of debts as opposed to a repayment or reorganization of debts?

Chapter 7 bankruptcy proceedings

Which of the following business entities provides for limited liability for all owners but does not provide flow-through taxation?

Corporation without an S election

According to the textbook, advertising refuting, clarifying, or correcting previously released content is referred to as the legal concept of

Counter advertising

Which of the following debts is most likely to be discharged as part of a bankruptcy proceeding?

Credit card debt

In which of the following situations would an employer most likley be liable for sexual harassment?

David continually tells Gina he would like to sleep with her. Gina tells her human resource department and they do nothing to stop the situation. Gina then quits after David continues to proposition her. Gina works in a different department than David.

Bethany files for bankruptcy. The court decides to allow Bethany to continue to operate her business as opposed to installing a trustee. Under federal bankruptcy law, Bethany would be considered a (an)

Debtor in possession

When a debtor continues to operate her business as part of a Chapter 11 bankruptcy, the debtor is referred to as a

Debtor in possession

An advertisement that states untrue information about the company's own product is most likely considered

Deceptive advertising

Assume Henry is considering selling his motorcycle as is. Based upon the reading in the textbook, to avoid legal liability from defects, Henry should

Disclose material defects which are concealed

An educational requirement as a prerequisite for employment that results in discrimination against a group of individuals, implicates the legal concept of

Disparate impact

Requiring job applicants to be at least six feet tall when most women are not six feet tall may result in

Disparate impact

Monica was recently fired from her job for being female. Her boss told her she was being replaced by a male employee because male employees do not take maternity leave. Based upon these facts alone, which of the following vocabulary terms best describes the type of discrimination faced by Monica?

Disparate treatment

Elaine visits George's apartment. The two have dinner and then Elaine leaves. Upon returning home she realizes she left her purse hanging on the coat rack at George's apartment. She had placed it on the coat rack upon arriving at George's house. The purse is most likely considered

Elaine's property

Assume Meta Corp produces an advertisement which it hopes to air on the public airwaves. The agency likely to have jurisdiction over the radio stations playing the advertisement would be the

FFC

Rick's son is badly injured in an accident. Rick would like to take time-off from his job to take care of his son while he recovers. Rick would like to keep his job. Which of the following laws would be applicable to Rick's situation?

FMLA

Tim has several debts. Which of the following of Tim's debts is least likely to be eligible for discharge as part of a Chapter 7 bankruptcy proceeding?

Fines due to the federal government

Under federal law, an employer cannot

Fire an employee for attempting to form a workers' union

The Clemens case held a buyer of a home as part of contract sale "as is" could still possibly sue the seller for

Fraud

Assume Warren is contemplating death. Warren was recently admitted to a hospital and the doctors told him he might only have days to live. In contemplation of death, Warren gives his prized dog to his granddaughter Melanie as a gift. According to the textbook, this gift would be referred to as a

Gift causa mortis

In the case of Ohio v. Kovacs, the court had to decide whether or not Mr. Kovacs had

Had a "debt" that could be discharged

Assume Randy wants to adversely possess Christine's vacation home. Randy moves into the vacation home and starts living in it without Christine's permission or knowledge. He even has his mail delivered to the home. Under the law of adverse possession, the fact Randy does not have Christine's permission, makes his use

Hostile

Kayla asks Jan to watch her children while she is at work. While watching Kayla's kids at Kayla's house, a delivery person knocks on the door of Kayla's house with a package. Jan signs for the package and takes it. Kayla had not said anything about a package being delivered. Jan then steals the package and its contents. The company who sent the package would argue that Kayla has liability for the package and its contents because

Implied authority to take delivery of the package existed

Stanley wants to take his daughter fishing. Stanley visits a local retail store hoping to purchase fishing line for his fishing pole. Stanley enters the retail store and finds several spools of string in an aisle which contains fishing poles. Stanley purchases the line only to find out it won't work in his fishing pole. The line is actually not made for fishing poles but instead is made for use in knitting. Assuming no product defect, Stanley's best course of recovery against the merchant would be

Implied warranty of fitness for a particular use

Bill decides to sell a gift he got from his mother. The gift was a brand-new camera. Bill has not opened the box. Bill's profession is that of a cab driver. Rita purchases the camera from Bill. Which of the following warranties could not apply in this situation?

Implied warranty of merchantability

Abuse in a Chapter 7 bankruptcy proceeding will not be presumed if the debtor's

Income is less than the state median income

Which of the following is not a advantage of a franchise agreement?

Increased competition from other franchisees

The Cassano case involved an issue regarding liability of a(an)?

Independent contractor

Which of the following parties is least likely to create liability for a hiring firm and/or principal?

Independent contractor

Assume Mindy contracts with Sue. Mindy is least likely to create liability for Sue if Mindy is classified as a(an)?

Independent contractor Independent contractors generally don't create liability for a contracting (hiring) firm. Partners, franchisees and employees have a higher probability of creating legal liability.

Which of the following scenarios is most likely to result in a hostile work environment?

Jennifer constantly asks Ted why he believes in his religious beliefs and mocks him

Rita is least likely to have liability for Jim in which of the following situations?

Jim, an independent contractor, acts in a negligent manner when completing a task assigned by Rita as part of his hiring

The owners of the following entity are referred to as "members."

LLC

Which of the following is formed by filing articles of organization?

LLC

Assume Tim is running in the woods one day when he finds a valuable diamond ring along side a trail. Assuming the owner of the diamond ring had not intentionally placed the diamond ring on the side of the trail, according to the textbook, the diamond ring would be considered

Lost property

All of the following must be disclosed by a financial institution, except:

Lowest rate of competitors

Marissa was told when she was hired that she would only be let go (fired) for one of two reasons. 1) Customer demand was insufficient to support her job. 2) Marissa received an unsatisfactory employee evaluation at year-end. Which of the following statements is true?

Marissa is not an at-will employee and can only be fired for cause

Which of the following is a government run medical insurance program designed to primarily serve those aged 65 or older?

Medicare

In the case of Torosyan v. Boehringer Ingelheim Pharmaceuticals, Mr. Torosyan

Moved across the country to work as a chemist

In the case of Vande Zande v. Wisconsin, the court held

Ms. Vande Zande's demand to work from home was not a reasonable accommodation

Naomi is an employee of Radda Company. For which of the following acts is Radda Company most likely legal liable?

Naomi steals money from a customer and her employer had good reason to know she might do such a thing

Nathan was recently hired to be an accountant. He was fired because his boss did not like Nathan's religion. Which of the following statements is true under federal employment law?

Nathan can recover damages even if he was an at-will employee

Which of the following is a designation given to a business entity by the Internal Revenue Service as opposed to a state's Secretary of State?

Non-profit

Assume Monica loses her debit card. To avoid any liability from a purchase being made by an unauthorized user such as someone finding the debit card, Monica should

Notify her bank immediately

Assume Bethany purchases a brand new television from a local electronics store without speaking to anyone . The television displays a picture but no sound. After several hours, Bethany concludes the television is incapable of producing sound as it should. She returns the television to the store where she purchased it. The store manager cannot get the television to produce sound either. Based upon these facts alone, the fact the television will not operate correctly would be grounds for claiming breach

Of the implied warranty of merchantability

Assume Tiffany believes she has been defrauded by a seller of home appliances. Which of the following is not a legal option available to Tiffany?

Order the company to engage in counter advertising

According to the Discount Tobacco City & Lottery Case, the government cannot prohibit advertising that it finds

Persuasive

Which of the following legal rules regarding usage of water provides superior ownership rights to the first person to access a source of water?

Prior apprpriation

Which of the following is not a requirement for a person to prove they suffer from a protected disability under the Americans with Disabilities Act of 1990?

Proof of substantial medical expenses related to the impairment

Assume First Bank of the North recently foreclosed on a home. Amy is interested in buying the home from First Bank as an investment. First Bank is only willing to convey to Amy their interest in the home and land on which it sits. First Bank is not willing to make any promises to Amy about the land or the house. In order to minimize liability from the conveyance, First Bank should consider using which of the following deeds?

Quitclaim deed

Which of the following is an act prohibited by the Fair Labor Standards Act?

Refusing to pay overtime to eligible workers who worked overtime

Which of the following is a lega duty of a bailee?

Return of the bailed goods at the end of the bailment

Jennifer lives by a lake. The fact that Jennifer's property line ends in the lake gives Jennifer the right to use the lake. The fact Jennifer can use the lake since her property is located right next to the lake is referred to as the

Riparian rights doctrine

Assume Sally is a very successful plastic surgeon. She hires two doctors who have recently graduated from medical school to work for her. She also employs 12 nurses. Assuming her business is extremely profitable and lawsuits are a large liability, Sally should choose a (an)?

S corporation

Unless a product is exempted by law, states such as Iowa require the seller of a product to collect a

Sales tax

Which of the following is not a requirement for proving ownership through the legal concept of adverse possession?

Secretive posession

Chad visits a local bank in hopes of borrowing money to purchase an automobile. The bank tells Chad they will take an security interest in his car. The fact that the car will act as collateral results in the loan being

Secured

Tiffany purchases a foreclosed home. The previous owner did not make required payments to their bank. The bank then took the home from the previous owner. Tiffany the purchased the home from the bank. Five years later, Tiffany decides to sell her home. Tiffany is worried about making warranties regarding ownership for the time before she purchased the home. However, the buyer wants at least some type of warranty. Tiffany might most benefit from the concept of a

Special warranty deed

In which of the following situations would a consumer need to consent to a telemarketer's actions?

Telemarketer wishes to play a prerecorded message to a cell phone user

Which of the following forms of ownership requires a married couple jointly own real property?

Tenancy by the entirety

Assume Jack and Jill purchase a home after they are married. Under the common law (and some states today), the fact that Jack and Jill are married would create a

Tenancy by the entirety- requires a marriage

Christopher receives a gift of land from his grandmother Alice. The gift was left to Christopher in Alice's will. The gift of land to Christopher through Alice's will is considered a

Testamentary gift

Gelton Manufacturing creates food products at its only location in Lansing, Michigan. Considering legal principles, as well as business management principles, Gelton should disclose all of the following on its food package label, except:

The recipe for creating the products

A consumer has all of the following rights under federal law, except:

The right to have a recent bankruptcy hidden from their credit report

Stanley wants to form a worker's union at his company. Which of the following is not a right enjoyed by Stanley?

The right to his job back after he participates in a strike

Tiffany is an at-will employee. In which of the following scenarios will Tiffany's employer face legal liability for terminating Tiffany?

Tiffany is fired for being of a certain religion

A right to work law is a state law meant to prevent an employer from requiring

Union membership after a short period of time

US food and packaging laws don't require disclosure of

Wage paid to workers who manufactured the product

In a case of alleged discrimination against an employee with a disability under the Americans with Disabilities Act, which of the following facts is irrelevant?

Whether or not the employee actually has the disability

The major factor in determining whether or not a fixture is labeled a trade fixture is

Whether or not the fixture was installed in a space leased to carry on a business

Which of the following benefits is provided by a privately funded insurance policy as opposed to a government tax fund?

Workers' compensation benefits

Under the Nutrition Labeling and Education Act of 1990, a food product label must disclose all of the following except:

Years product has been produced

Which of the following bailments creates the highest duty of care for the bailee?

bailment for the sole benefit of the bailee

Which of the following would be a legal principle used by a court when the defendant has been accused of wrongfully diverting rain water?

common enemy doctrine

Which of the following professions generally does not require state licensure before providing services?

janitorial services

Martha hosts a party at her house. She invites Nelson. Because of the invitation, Nelson most likely has obtained a(an)?

license

Jackson is on his way to school when he places his bag on the ground next to a bench while waiting for a bus. He forgets the bag when boarding the bus. The bag would be referred to as

mislaid property

Mandy recently purchased a home in a state ripe with granola. She is hoping to create her own water source to support her granola farm. She digs a well. Assume her state grants the first person who accesses percolating water a superior right as to those who accesses it later. This rule is most likely the rule of

prior appropriation

Which of the following would be the best business entity choice for a group of software engineers who wish to start their own firm? They plan on working for the firm but also employing other individuals. They wish to limit their exposure to social security and Medicare taxes. They want limited liability.

s corportation

Which of the following agents is hired by a principal to perform a specific and limited undertaking?

special agent

Jerry leaves his son Mitchell his personal home as part of his will. This type of gift is referred to as a?

testamentary gift

Juanita wants to buy a home. As part of the proposed purchase, Juanita hires an attorney named David to review the ownership history of the property. David provides a written document detailing his findings. This document is most likely to be referred to as a?

title option