BA 3301 Legalb

Which international body created the Convention of Contracts for the International Sale of Goods (CISG)?

U.N. Commission on International Trade Law.

If a civil trial results in a hung jury

the litigants must start the process over and conduct a trial with a new jury.

Franz asks Joe if he will paint his office building for $1,000. Joe says he will do the job for $2,000. Joe's response is

A counteroffer

Federal legislation or regulation must be authorized by a specific enumerated power in the constitution

True

The powers of an administrative agency to carry out the enabling statute are exercised through rule making, enforcement, licensing, and adjudication

True

The sales of securities in the secondary market does not raise capital for the business whose stock is sold

True

Unless limited by the articles of incorporation, shareholders may vote to remove a director with or without cause; however, the courts may remove a board member only for cause

True

privately held corporations are more common than are publicly held corporations

True

Which of the following is not a primary source of international law?

U.N statutes

The management structure of a member managed LLC is similar to a general partnership

True

Federal Diversity jurisdiction requires citizens of two different states

and a controversy of $75.000 or more.

An employee must file charges of illegal discrimination with the EEOC generally within ___ days of the adverse job action

180 days

A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately ___ of an average firm's value.

70 percent

Mary Beth has wntten a novel. Copynight protection regarding her work wll be for

70 years after her death

Micah asks his grifriend Brandi if he can borrow her car. Brand agrees to allow Micah to use her car for the day

A bailment has been created

Each of the following is personal property except

A house

An offer of a reward, if it is fulfilled, forms ___________.

A unilateral contract

Who is the presiding officer at an agency's adjudication hearing?

An administrative law judge

What must an agency do to conduct n inspection of a business without permission from the owners?

An agency must obtain an administrative warrant

Wich of the following would not be considered a real estate fixture?

An area rug laid out in the living room with double-sided tape to keep it in place.

The highest and most comprehensive duty owed by a landowner to a person on the owner's proper is owed to

An invitee

The concept that in order to pass judicial master, the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgment is known as the

Arbitrary and capricious standard

Harry sees an AK.47 automatic assault rifle in a gun shop window. He inquires about the price and is told that it is $2,500. Harry signs a contract promising to pay the $2,500 on Friday, at which time he will take possession of the rifle. on Thursday , a law is enacted making the ownership , sale, on possession of an automatic rifle illegal. This contract

Automatically terminates due to impossibility

Jan is on trial for arson. For Jan to be found guilty, her guilt must be proved

Beyond a reasonable doubt

Which of the following is an equity instrument

Common stock

Beth has just signed a contract to work for a bank. A clause in the contract says that before she begins work, she must pass a drug test and should drug use be discovered, the contract becomes void. This clause would be a

Condition subsequent

Something of value that is exchanged as a part of an agreement is called

Consideration

The triple bottom line in the perspective of corporate social responsibility emphasizes each of the following except

Creation of private value

What must congress do first to establish an administrative agency?

Enact an enabling statute

The equal pay act is an amendment to the

Fair Labor Standards Act

Your school or college has lust received a specalzed accrecitation for whicn a lot of work has been done. This specialized accreditation is a great achievement If the accrecitng pooy takes a picture fom your school or college's website and publishes the picture as a thumbnail. along with a hyperlink to your school or colleges website on its site to avertise or announce the accomolishment the accrediting bod is infringing on the pictures copyright

Fakse

A building manager hires a painting company to paint the common areas in the building. The manager will supply all of the paint. This contract is a hybrid contract

False

A business owners expectation of privacy In commercial property Is the same as the orivacy Interest afforded to a private homeowner.

False

A corporation may not be a principal of an LLC

False

Administrative warrants are held to the same probable cause standard as criminal warrants

False

Because there is no general duty to act or assist others, a store is not liable if, after washing a floor, it fails to notify the public of the slippery condition and someone is injured. Stores give such notification as a convenience to customers but not because or a legal duty.

False

Bella suspects that she was turned down for a job as a server at Hooters because she is 40 pounds overweight. She may contact The EEOC which will investigate her case based on the title VII violation

False

Company executives, hoping to earn a government contract, taking foreign officials out for an evening of dinner and entertainment is not bribery under the Foreign Corrupt Practices Act.

False

Diplomatic relations do not play a role in the creation of international law.

False

Faron has a toothache and is driving to the dentist. He's in a lot of pain, so he speeds down the road 20 miles over the speed limit. If he has an accident, it is an intentional tort and not negligence because he knowingly was speeding.

False

Intent to discriminate must be proved for a disparate impact case to be successful.

False

Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.

False

Lin-Mara's company has a code of ethics and a separate code of conduct. If she wants to be sure that she complies with the company dress code, she would reference the code of ethics.

False

Micah and Kayla have a live Christmas tree in a pot in their home This tree is real property

False

One significant benefit of obtaining a patent is that the cost of defending a patent is relatively minimal compared to the cost of other types of lawsuits.

False

Only current government officials are included in the antibribery restrictions of the Foreign Corrupt Practices Act.

False

Only written agreements are enforceable as contracts by courts.

False

Ownership of personal property s governed by federal law

False

Scoop Masters Ine, has beon charged by Fao Flavors Corp, with stealing Fab Flavors' oatented orocess fon making ice croam. Fab Flavors attomey speaks min ine company s president and creates a witen memorandum of heir discuss on. Dunno discovery, hab Flavors must provide the wntten memorandum to scoop masters

False

States may never regulate commerce that crosses state borderd as this is an exclusive fedral power

False

Strict scrutiny requires that a state prove that it is acting to promote an important government objective and that the proposal act is substantially related to the government's objective

False

Sylvia is a student who parked her car in a university parking lot. To enter the lot, she had to swipe her ID card to gain access. During class, a thief broke into her car and stole her computer. The school is liable to her under a bailment relationship if it did not exercise proper care in the protection of her car.

False

The common law held that property owners own the rights to the at and light tor up o louree above their property.

False

The visitor's bureau in your schools county has a website with a section titled "Education " This section of the site has hyperlinks to each elementary througn high school as well as links to colleges and universities with campuses in the county. If the link to youn schools nome page was placed on the bureaus site, without vour schools consent, the travel bureau is quiltyo ininngement.

False

n casasine standard of proot used by state tnal courts is a preponderance onthe evidence, woe in federa tral court the standard of proo. is beyond a reasonable doubt

False

An Oregon corporaton and a New Hampshire corporation nave entered into a contract and agreed that 30y legal disputes will be conducted using Nev ramoshire law. This agreement is called a

Forum selection clause

Congress may place limits on the use of federal money by states as long as the limit does not affect or infringe on a citizen's constitutional rights

True

Chelsea's house is for sale, and she is selling it through a real estate agent. The house is listed, and any licensed agent may snow the nouse by using the special accessible key in a lockbox on the front porch Stan is a licensed agent and brines Paula into the nome to show it for a possible sale while Chelsea is not nome. Stan and Paula Would be considered

Invitees

voir dire

Is the process of choosing a jury

Currently, LLPs are often used to protect family businesses as they provide a way to resolve

Issues regarding transition from one generation to another

the utilitarian approach to moral philosophy was founded by

Jeremy Bentham

in which of the following situations is a court most likely to find substantial performance

KM Corporation orders 500 boxes of copy paper from MK supply, but MK can deliver only 450 boxes

Mike is walking through a parking lot and finds Kathy lying unconscious. He puts her in his car and take her to the hospital. The hospital saves her life and when she becomes conscious they present her with a bill.

Kathy has to pay based on a quasi-contract

When Maria comes home from work she finds that her vard has been mowed and trimmed an hour later a man comes to her doonto collect pavmentforthe ward work. Maria refuses to pay him because she has never seen him before ard did not hire him to do the work. Which of the following is accurate

Maria would not have to pay anything

Kvron has sued nalnka for intures receives in a tratic accident. lf kalinka ralls to respond to the complaint and summons within the proper time limit

Myron wins based on a default judgement

Though they may elect a different structure, for tax purposes, LLCs are typically treated as

Pass through entities

Which of the fo owino does not cocurin appellate court trials?

Presentation of testimony and new evidence

Security transactions involving the original issuance and reissuance of securities by a business to raise capital are called the

Primary market

The security act of 1933 focuses on the

Primary market

Damages intended to punish a wrongdoer are called

Punitive damages

Which of the following is not a major part of the Foreign Corrupt Practices Act?

Requiring that corporations refrain from committing copyright violations abroad

Penalties for violations of the securities act of 1933 may include each of the following except

Revocation of the corporate charter for egregious cases

Sally has just purchased a home and wants to have an in-ground pool installed. She calls Cool Pools, the company that put in her neighbors' pools. When the company rep comes to her property, he does some soil tests that are standard for the industry and gets the same results as he got when the other pools were put in, so the company gives her a price quote of $16,000. When Cool Pools begins excavating, it discovers solid rock four feet below ground level. The neighbors had no such rock. Cool Pools stops work and informs Sally that it will have to use explosives to remove the rock and the cost of the pool will now be $32.000.

Sally can have the contract discharged based on impracticability

Sasha is broke but needs a gown to go to a formal dance sponsored by her company. She goes to a local Dress shop and purcnases an expensive down sne cannot afford. she wears the gown to the event, tucking in and hiding the price tan rather than remoung it she dances all nignt and the next day coes back to the shoo ano re umsme oress as the price tag is still attached.

Sasha has not acted ethically because this is not an accepted act in the general society

The securities act of 1934 focuses on the

Secondary market

What is the role of the International Court of Justice?

Settle legal disputes submitted to it by member states.

Aranda works in an office environment with 50 employees. Once or twice a week, her boss Alden tells her she has great legs and that she should wear shorter skirts. He also tells her to let loose and open another button on her blouse once in a while. She asks him to stop and continues to wear knee-length skirts and keep her blouse buttoned to the neck. He never touches her and he never makes these comments when someone else can hear. When she gets her performance appraisal from Alden, he gives her an excellent evaluation and a raise. After listening to Alden for six months, she files a complaint with the EEOC.

She may have a valid hostile environment claim

Courts have a clear power to set aside an agency's actions. They tend to use this power

Sparingly

Carlos is the managing member of an LLC. there are three other members. After one year, despite their best efforts, the business closes and the bank that extended them a loan sues for repayment, the bank may

Sue the LLC but may not sue the members

Which of the following is not a situation in which strict liability applies?

TJ. manufactures cheap clothing that falls apart after minimal use.

Which of the following is not a component in the definition f a security

Tangible collateral to secure the instrument

Sharon has contracted with Craig to buy Craig's car. She has agreed to pay $5,000 in cash in exchange for the title and registration for the vehicle. Sharon and Craig agree to meet at 10 a.m. on Wednesday to exchange their consideration. Unfortunately. Craig dies Tuesday evening

The contract is still valid and Craig's heirs must go through with it based on the agreed terms.

Fly high Aviation provides maintenance for executive jets cased on private contracts with corporations that maintain airplanes for companuse. Whicn onthe tolowing is east likely to be a fly high stakeholder?

The citizens who live near the airports that planes maintained by Fly High fly into

In the cases of Heart of Atlanta Motel v. U.S. and Katzenbach v. McClung, the Supreme Court found illegal discrimination under the Civil Rights Act of 1964 by applying:

The commerce clause

Congress broadest powers are derived from the commerce clause

True

Mike has written a novel. When, if ever, would Mike's novel be copyright protected?

The novel is copyrighted automatically after completion

If the offer specifies no time limit to which to accept

The offeree has a reasonable amount of time to accept

Happy Hops Brewery Inc., has found that its business is expanding very quickly. The decision to fire three new delivery drivers would be made by:

The officers

Nobel Pnze-winning economist Milton Friedman believed that

The only responsibility a business has is to maximize shareholder wealth

Which of the following is NOT a right enjoyed by shareholders of a corporation?

The right to elect and remove officers

Faber College, founded in 1904, is an integral part of its surrounding community. Which of the following a primary stakenolder in Faber College?

The students

Which of the following does not have to be shown for copyright protection to be granted?

The work has a present or potential value.

A legal defense renders a contract unenforceable even though it has the necessary elements of a valid contract

True

A plaintiff need not be in a minority within a protected class to be covered under Title VII.

True

A process or procedure is not eligible for copyright protection.

True

Affirmative action programs are designed to remedy an actual past practice of discrimination

True

Albert has sued Tina and recoived a ludament for $50.000. Tina's asses mav be exempt from collection of the judgement if Tina has filed bankruptcy

True

An agency's prosecutorial discretion is seen as practically unreviewable by the courts

True

Assume that lowa has passed a law requiring that motorcycle owners must ensure that anyone riding or operating their motorcucle wear a helmet. Marta enters an low Harley-Davidson store and wants to take a test ride She doesn t nave a helmet with her and the dealership doesnt have one available in her size, so the proprietor let's her go without one. If she crashes and is injured, the proprietor has committed negligence per se

True

Frazier has returned from a nursery, where he has purchased 21 rose bushes to landscape the extenor or his home. tach bush has its roots wrapped in ouran, and frazier cames the ousnes nome in the back of his pickup truck. Frazer has now planted each of the rose bushes. The bushes are real property.

True

In Oncale v. Sundowner Offshore Services, Inc., the U.S. Supreme Court determined that same- sex harassment is a legitimate issue covered and actionable under Title VII.

True

In the typical business context ADR is invoked either via contract or by mutual agreement

True

Most employers are not subject to affirmative action requirements

True

Most of the common law that regulated administrative law has been codified in the administrative procedures act

True

Most privacy rights afforded In the Constitution do not extend to the workplace

True

Operating agreements set out the structure and internal rules for operation of LLCs

True

Shareholders are owners, while bond holders are merely creditors without ownership interest

True

Specific performance is almost always available when a real estate contract for the sale of land is involved

True

The common law legal system allows judges to fill in gaps in the law that are not covered by a statute.

True

The ethical decision-making approach of John Rays, under which everyone negotiates from behind a vell of Ignorance, is often referred to as a contract based approach

True

The thal cour in New York has heard a case and issued a decision this decision

Will not be precedent in any U.S court

LLC's were originally created by the

Wyoming legislature

In which of the following scenarios would enforcement of specific performance be appropriate

You own the pistol used by Hamilton and contract to buy the pistol used by Bum in the Hamilton- Burr duel to complete your set. but despite the contract the Burr pistol owner refuses to sell at the Last minute

In 2002. Australia's nighest court ruled on a delamation case in wich an Ausirallan citizen claimed (o nave been defamed by a Dow Jones article publisned on the defendants website. The court found that the citizen was defamed

and publication of the article occurred when the article appeared and could be read on a user's computer screen, establishing jurisdiction in Australia

Corporate officers are

appointed or elected by the board

Formation of an LLC requires the filing of

articles of organization

Trade secrets are protectable

for as long as the company desires

In Clemens v. McNamee. major league pitcher Roger Clemens sued McNamee, a trainer, over McNamee's statements to investigators and Sports Illustrated that he gave steroids to Clemens in Toronto and New York. Clemens a Texas citizen, filed a defamation suit in Texas against McNamee a citizen of New York, based on diversity of citizenship. The court decided

in favor of McNamee because he did not have sufficient minimum contacts to establish personal jurisdiction, since Texas was not the focal point of the story

The categorical imperative test consists of

individuals making ethical decisions with an eye toward potential consequences if everyone in society acted similarly.

Which of the following does not result in a decision rendered by a third party?

mediation

Federal court judges are

nominated by the president and subject to Senate confirmation.

The most commonly used debt instrument is

promissory note

Which of the following is a valid bailment?

putting your neighbor's car in your garage to shield it from a hail storm

The ____ are the owners of a corporation.

shareholders

Whether a dividend is paid depends on

the board of directors agreeing to pay the dividend.

Binding arbitration means that

the decision of the arbitraton will be final unless the parties agree to reopen the case.

The merchant's privilege with regard to shoplifters requires each of the following except

the shopkeeper must have an eyewitness or video evidence of the theft.

When an attornev requests a change of venue, the attorney is askino

to move the trial from one location to another due to the potential unfairness of a trial in the first location.

one who commits a tort

tortfeasor

Privately held corporations may issue a.

unanimous consent resolution