Final Review

The Uniform Commercial Code sets the law regarding the need for a written contract when the sale of goods is valued at over ________. The UCC does not specify a dollar amount. - $5,000 - $15,000 - $500 - $50

$500

Isla hires Brodie to work as an HR associate at her firm, BigCorp, Inc. He is bummed that he has to be in at nine and cannot leave till after five, but he has a great deal of freedom in running his area of HR. Brodie is most likely ________. - An employee - An employer - A principal - A dependent contractor - An independent contractor

An employee

Voluntary transfer of property without remuneration is considered ________. - An inheritance - A gift - A purchase - A void exchange - An illegal contract

A gift

Which of the following CANNOT be protected by a patent? - A movie - A car - A business plan - Software - A cellphone

A movie

What is the definition of an agent (in a business context)? - A party that manages a worker - A party that works for the government to maintain national security - A party who agrees to act on behalf of another - A party who employs another to act on her behalf - A party that receives the services of another for pay

A party who agrees to act on behalf of another

Which of the following is NOT true about the risk of loss (ROL)? - A person can bear the ROL without owning the property - ROL is determined by who has the title to the goods - ROL is usually not determinable - ROL is important in determining the insurability of goods - ROL is based on who possesses the goods

A person can bear the ROL witout owning the property

Which of the following does NOT fall under sex discrimination under Title VII? - A person's gender identity Pregnancy - A person's biological sex - A person's sexual orientation - A preference in who to hire based on that person's biological sex

A preference in who to hire based on that person's biological sex

The exchange of property for value (usually money) is known as _________ . - A bequest - An inheritance - A gift - A purchase - A deed

A purchase

Ms. Palsgraf was hit in the head by _______ . - A fellow passenger - A set of brass scales - Poorly wrapped fireworks - A passenger train - A stray bullet

A set of brass scales

Sovereignty is not a defense against international responsibility when _______ . - Actions harm another nation - When determining domestic systems of law - A foreigner is killed in another country - Internal environmental degradtion occurs - Economics are concerned

Actions harm another nation

________ refers to the act of committing a crime. - Criminal indifference - Recklessness - Mens rea - Breach of duty - Actus reus

Actus reus

Which of the following is NOT part of the definition of a person with a disability? - A person who is perceived as having a physical or mental impairment - A person with a physical impairment that substantially limits one or more major life activities - A person with a mental impairment that substantially limits one or more major life activities - A person who has a record of past disability - All of the above define a person with a disability

All of the above define a person with a disablity

Mohammed is hired by Suri's company, Computron, to program and debug a system that is crucial to Computron's business. Mohammed uses Computron's computer servers and works out of Computron's offices, but sets his own hours, uses his own code, and will be paid half up front and half when the job is finished. Mohammed is most likely ________. - An independent contractor - A principal - An employee - An employer - A dependent contractor

An independent contractor

Whcih of the following crimes did Enron NOT commit (as far as anyone knows)? - Misrepresentation - Money laundering - Wire fraud - Arson - Securities fraud

Arson

Before the Palsgraf v. Long Island RR case, the standard for tort causation was: - Foreseeability - Reasonableness - Proximate cause - But-for causation -Comparative reasonableness

But-for causation

The third element of a negligence claim is ________, in which the plaintiff must show that the breach of the duty of care is the cause of the injury suffered by the plaintiff. - Foreseeablity - Breach - Causation - Affirmative duty - Damages

Causation

Francine applies for a position in an advertising agency for which she is more than qualified. She is not hired, yet the firm continues to look for people to fill this position. This is the basic case for which type of discrimination? - Disparate-treatment - Favored-treatment - Unfair-treatment - Unfair-impact - Disparate-impact

Disparate-treatment

For several months, Sansa has been harassing her coworker Circi by leaving provocative media on Circi's computer and making lewd comments around Circi. Which of the following is likely true of this situation? - Circi likely has a case for quid pro quo sexual harassment. - There is no liability because Sansa has not attempted to solicit sexual behavior. - Circi likely has a case for claims of a hostile work environment. - There is no liability for sexual harassment, since Sansa is also a woman. - There is no liability because Sansa did not intend to make Circi uncomfortable.

Circi likely has a case for claims of hostile work environment

In a _______ case, a plaintiff may bring a negligence claim, but his or her awarded damages will be reduced proportionately to his or her blame in the incident. -Strick Liability -Contributory fault -Last clear chance -Comparative fault -Assumption of risk

Comparative fault

Which of the following is the ownership interest in land that lasts until a specific event occurs? - Fee simple subject to a condition subsequent - Quitclaim deed - Conditional Estate - Life estate - Fee simple absolute

Conditional Estate

In order to live in a peaceful society, people need organizing rules to avoid ____________ . - The Purge - Chaos - Dictatorship - Confusion - Murder

Confusion

Agency is a contract relationship between a principal and an agent, therefore it requires _________ . - Objective agreement - Reasonableness - Consideration - Estoppel - Consent

Consent

Article 2 of the Uniform Commercial Code covers which type of contracts? - Contracts for the lease of real property - Contracts for the sale of goods - Contracts for the sale of real property - Contracts for sale or lease of commercial vehicles - Contracts for the lease of goods

Contracts for the sale of goods

A plaintiff engaging in behavior that contributes to his or her injury may be guilty of ________. - Comparative negligence - Tortious negligence - Affirmative negligence - Contributory negligence - Casual contribution

Contributory negligence

Keith Davis argues for the "iron law of responsibility." What is this law? - The smaller the corporation, the greater their social responsibility - Social responsibility can only be maintained through government oversight - The military industrial complex (i.e., iron law) must be responsible in how they manufacture weapons - Corporations must act in a socially responsible way or they will lose power in the long run - Mineral extraction must be done in socially responsible ways

Corporatons must act in a socially responsible way or they will lose power in the long run

________ discrimination occurs when an employer treats a specific individual less favorably than others because of that person's race, color, national origin, sex, or religion. - Disparate-treatment - Disparate-impact - Favored-treatment - Unfair-treatment - Unfair-impact

Disparate-treatment

Mike accidentally sends a sexually explicit picture of his girlfriend to everyone in the company. This is not the first inappropriate email he has sent. He has likely ________. - Not done anything wrong because he was just engaged in locker room talk - Violated provisions of the ADA - Discriminated based on gender - Created a hostile work environment - Engaged in quid pro quo sex discrimination

Created a hostile work environment

Western systems of justice require that anyone convicted of a crime must know what they are doing is _________ . - Reflecting poorly on the rest of society - Criminal - Frowned upon - Disgusting - A violation against their contract with the state

Criminal

During the cold war, corporations were ________. A. Seen as purveyors of the capitalist system B. Responsible for being anti-Communist institutions C. Seen as threats of the capitalist system D. Both A and B

D. Both A and B

From a legal standpoint, Malum Prohibitum refers to ________ . A. Actions that are wrong in and of themselves B. Actions that are only prohibited because some law or regulation defines them as being wrong C. Drug possession D. Both B and C E. Both A and C

D. Both B and C

The first and central element of a negligence tort claim is ________, which is the obligation one person owes another to not unreasonably harm or put at risk of harm. - Duty of care - Foreseeability - Trust - Causation - Affirmative duty

Duty of Care

Which of the following is considered a white collar crime? - Embezzlement - Arson - Battery - Extortion - Larceny

Embezzlement

Which of the following is NOT protected by a trademark? - Kleenex - Coca-Cola - Google - Escalator - Nike

Escalator

Stakeholder theory suggests that corporations have a duty or responsibility to ________. - Shareholders and employees - All of humanity - Shareholders only - The environment - Everyone who has a stake in the corporation's actions or business

Everyone who has a stake in the corporation's actions or business

The Perfect Tender Rule requires that contracts be performed ________. - Exactly as agreed upon, no exceptions - Exactly as agreed upon with few exceptions - In an understanding way - By someone who has a fiduciary duty with the buyer - In a careful way

Exactly as agreed upon with few exceptions

A lease for a specific period of time is known as _______ . - Life tenant - Tenancy at will - Tenancy for years - Periodic tenancy - Tenancy at sufferance

Tenancy for years

When working with stakeholders, which of the following is NOT important? - Identify the stakeholders - Communicate with stakeholders - Determine the interests of stakeholders - Find stakeholder's motivations - Frequently threaten to sue stakeholders

Frequently threaten to sue stakeholders

What duty does a property owner owe a trespasser? -No duty with three exceptions -A duty to warn of dangers -No duty, with one exeption -No duty to a trespasser other than to keep them safe -A duty to keep property reasonably safe in all circumstances

No duty with three exceptions

True or False: All stakeholders are equal.

False

True or False: Employees hired in different countries and jurisdictions must follow the rules of the company's home country.

False

True or False: It is usually cheaper to not give stakeholders attention and focus on business priorities instead.

False

True or False: Most businesses do not need to be concerned about international law.

False

Which of the following is the ownership of property with no limitation on inheritability? - Fee simple absolute - Quitclaim deed - Fee simple determinable - Fee simple subject to a condition subsequent - Life estate

Fee simple absolute

The most serious crimes are ______ . - Misdemeanors - Warnings - Felonies - Traffic violations - Infractions

Felonies

What is personal property that gets attached to the land? - Chattel - Attachment - Fixture - Remains personal property - Addended

Fixture

The limit of liability in the proximate cause test is _____ . - Foreseeability - Affirmative duty - But-for causation - Breach - Affirmative duty

Foreseeability

The World Intellectual Property Organization attempts to ________. - Create a global definition of intellectual property - Authorize patents and copyrights - Catalog all intellectual property - Reallocate intellectual property to poorer countries - Harmonize intellectual property protections across jurisdictions

Harmonize intellectual property protections across jurisdicions

Which of the following is NOT associated with Milton Friedman? - The single-minded pursuit of profits is the only social responsibility that business needs to concern itself with. - The most important social responsibility a corporation has is to its stakeholders. - Social responsibility beyond shareholder profits is the purview of the stockholders themselves. - The social responsibility of corporations is to make as much money as possible for stockholders. - If laws need to be twisted or broken to get more profit, then corporations should do so.

If laws need to be twisted or broken to get more profit, then corporations should do so.

Which of the following is NOT associated with the shared value paradigm? - The goal is to benefit both business and community. - It attempts to increase the size of the economic and resource pool. - It is focused on long term v. short term benefit. - It was created by Porter and Kramer. - It was advocated by Milton Friedman.

It was advocated by Milton Friedman

What was the motivation behind the philanthropic actions of John D. Rockefeller and Cornelius Vanderbilt? - Societal duty - It's unclear - Economic interests - Political interests

It's unclear

One problem that quickly arises when determining governing law in an international situation is ________. - Jurisdiction - Currency markets - Spheres of influence - Relative political power - State Department guidelines

Jurisdiction

The secret recipe for Coca-Cola is an example of a _________ . - trademark - trade secret - service mark - copyright - patent

trade secret

The __________ Trademark Act governs trademark protection. - Landrum-Griffin - Protective - Innovation - Lanham - Patent

Lanham

Which of the following is the grant of interest in real property until that person's death? - Free simple determinable - Free simple absolute - Quitclaim deed - Life estate - Fee simple subject to a condition subsequent

Life estate

Which duty prohibits an agent from acting in any party's interest that would conflict with those of the principal? - Loyalty - Fiduciary care - Communication - Obedience - Performace

Loyalty

A business may lawfully use a competitor's trade secret if the competitor acquired it through all but which of the following ways? - Misappropriation - Reading published literature - Self-invention - Reverse engineering - Accidentally released information by the original business

Misappropriation

Discrimination based on a person's heritage or cultural characteristics is known as ________ discrimination. - Race - Religious - National origin - Sex - Color

National origin

In 2020, Eric wants to gain the attention and favor of a local real estate developer Ronald Spade. Though Eric is not an agent of Spade, he acts as though he is and convinces a local property owner to sell their property to Spade, even though Eric has no authority to make this contract. When Spade is presented with the deal he likes and accepts it, claiming that both he and the property owner are bound by the contract. Can the property owner void the contract? - It is not possible to tell from this scenario - No, because agency was implied - Yes, because Spade was never a party to the deal - Yes, because Eric did not have the authority to create the contract - No, because agency was created through ratification

No, becuase agency was created through ratification

Jolene purchases computers from Dolly and includes in the sales contract that the computers be delivered by Fedex. Dolly finds that Fedex cannot ship the delivery in the timeframe required by the contract, so she ships with the US Postal Service instead. Can Jolene reject the shipment as a violation of the perfect tender rule? - No, because change of shippers is an exception to the perfect tender rule - Yes, because Dolly substituted shippers - It is not possible to determine from these facts - Yes, because Dolly failed to notify Jolene of the change - No, because the US Postal Service is always a constitutionally guaranteed option in shipping contracts

No, becuase change of shippers in an exception to the perfect tender rule

Professor Fearsome is headed to the university to teach his business law class. On his way he is distracted by thinking big thoughts about his business law class and causes a wreck. Will his employer, the university, be liable for this wreck? There is not enough information to answer the question Yes, under the doctrine of respondeat superior Yes, because he was thinking about his job when the wreck occurred No, because he was in his own car and not a university vehicle No, because of the coming and going doctrine

No, becuase of the coming and going doctrine

Tally was driving through a small town with Post Malone playing loudly when she was pulled over and ticketed for playing dangerous music. She had no idea her music was illegal in the town. Ignoring the First Amendment issues and similarities to the movie Footloose, does she have a defense against this ticket? - Yes, due to mistake of law - Yes, due to mistake of fact - Yes, because the song was - Psycho and not Malone's better work - No, due to mistake of law - No, due to mistake of fact

No, due to mistake of law

Thomas is focussed on a deontological approach to what is best for stakeholders. What element of stakeholder theory is Thomas addressing when looking at these ethical questions? - Irrational - Descriptive - Motivational - Interest-based - Normative

Normative

The definition of stakeholders is _______ . - Not important to most business - Clear and obvious in all situations - Not easily defined - Limited to shareholders - Seldom discussed in modern business environments

Not easily defined

When discussing Mens Rea, negligence is known as _______. - Consciously ignoring risks that could reasonably result from one's actions - A person had both criminal intent and a criminal action - An exception - Acting to intentionally harm another - Not exercising the care a reasonable person would in a specific situation

Not exercising the care a reasonable person would in a specific situation

Which of the following is not true of copyright? - No notice of ownership is necessary to protect and original work. - A copyright is the exclusive right to reproduce, distribute, and/or license original creative works. - Copyrights protect the tangible representation of an idea, not the idea itself. - Original works must be registered at the copyright office to get protection. - Copyrights can be owned by individuals or business entities.

Original works must be registered at the copyright office to get protection

The triple bottom line approaches to business priorities refer to ________ . -Profit, programs, and peace - Place, profit, and programs - Programs, peace, and practicality - People, profit, and planet

People, profit, and planet

Tangible property (clothes, car, Xbox) and intangible property (intellectual property, stock) are both which type of property? - Immobile - Personal - Real - Chattel - Mobile

Personal

Breanna and Trayvon have been doing business for several years, with Trayvon purchasing Breanna's surgical masks every week. When their latest sales contract came through, Trayvon only filled out the quantity, leaving the purchase price blank. Breanna shipped the order and invoiced Trayvon. How will the price be determined? - It will not be. It is a void contract. - Whatever price the court decides when this will have to go to trial - Whatever price Breanna chooses to charge - Whatever price Trayvon chooses to pay - Price will be based on industry standards.

Price will be based on industry standards

A holistic stakeholder theory must have all the following elements except __________ . - Thoughful - Descriptive - Instrumental - Profitable - Normative

Profitable

Land and the buildings attached to the land are considered which kind of property? - Mobile - Real - Chattel - Immobile - Personal

Real

A person driving over the prescribed speed limit in a suburban area hits and injures a pedestrian jaywalking against a red Do Not Walk sign. The jury finds that the driver is 80 percent responsible for the accident and the jaywalker is 20 percent responsible. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of contributory fault to interpret such cases, the pedestrian is entitled to ________. - Recover $100,000 from the driver - Recover $20,000 from the driver - Pay $20.000 to the driver - Recover no damages from the driver -Recover $80,000 from the driver

Recover no damages from the driver

The doctrine of ________ states that employers are responsible for their employees torts occurring in the course and scope of employment. - Dominance - Common Employment - Principla liability - Res Ipsa Loquitur - Respondeat Superior

Respondeat Superior

Yasmin purchases a part that she needs to restore her '66 Mustang from Ingrid. The part was damaged during shipping, but no agreement was made prior as to who would bear liability in case of damage. Based on the Connecticut v. Cardwell case, the default is a ________ contract and therefore the risk of loss falls to ________. - Destination, Ingrid - Null, the state - Destination, Yasmin - Shipment, Yasmin - Shipment, Ingrid

Shipment, Yasmin

What is the foundation of international law? - The United Nations - Military power - The individual - Geopolitical location - Sovereignty

Sovereignty

What is a good resource to help a company wanting to work in international environments? - Wikipedia - The United Nations - State World Trade Centers - State attorney generals - Local universities

State World Trade Centers

A shop holder selling alcohol to a minor is criminally liable because of ________. - Strict Liability - Negligence - Mens Rea - Recklessness - Purposeful Action

Strick Liability

Under the doctrine of ________, the law holds that some activities are of such a dangerous nature that, even if reasonable care is exercised, the party conducting the activity will be liable for any injuries incurred therefrom. - Last clear chance - Res ipsa loquitur - Intentional torts - Strict liability - Rpose

Strict liability

What is a title? - No longer relevant - The documentation of legal ownership of property - The only issue when determining liability during a sale - The interest a person has in property during transit - The basis for the ability to insure goods

The documentation of leagal ownership of property

In a criminal lawsuit, the perosn bringing the case is always ________ . - The victim - The government - An interested third party - A private party - The respondent

The government

Which of the folling is NOT true of causation? - The proximate cause test is simple and straightforward - Foreseeability limits liability in the proximate cause test - Modern courts primarily rely on the proximate cause test - It must be shown in the plaintiff's injury is caused by a breech of the duty of care - The but-for test states that the injury would not have occurred, but for thte actions of the defendant

The proximate cause test is simple and straightforward

Why are stakeholder policy documents important to a business? - They are not important. -They are just expected and require a box-checking mentality when created. -They provide an air-tight defense against stakeholder lawsuits. -They require decision-makers to remain cognizant of stakeholders. -They give job opportunities to HR employees.

They require decision-makers to remain cognizant of stakeholders

The closest thing to codified laws in international law are __________ . - Unilateral actions by sovereign nations - Laws created by individual nations - There are none. International law does not exist. - Declarations from the UN - Treaties and conventions

Treaties and conventions

True or False: Substantial performance rule governs common law contracts

True

True or False: Most larger companies have policies for working with stakeholders.

True

True or False: Some people may be doing business internationally without even knowing it.

True

True or False: Trade dress is the image and overall appearance of a product.

True

True or false: Quid pro quo sexual harassment can only occur when the harasser has authority or apparent authority over an employee.

True

The laws against jaywalking is an example of ________ . - Trying to avoid greater harm - Saving people from their own stupidity - A combination of all of the factors - The attempt of the government to control large populations - Stopping acts that are inherently dangerous

Trying to avoid greater harm

The Bhopal disaster response did NOT involve which of the following? - Corporate boards - US EPA regulators - Individuals affected - Local governments - National governments

US EPA regulators

Which of the following is NOT an exception to the perfect tender rule? - Unilateral duress - Destruction of identified goods - Commercial impracticability - Cure - Agreement of the parties

Unilateral duress

According to Archie Carrol, corporate responsibilities ________. - Are based on ideas from the 1850s - Are all equally important - Vary in importance and relationship to the survival of the corporation - Include economic, legal, environmental, and philanthropic concerns - Are best represented as a cube formation

Vary in importance and relationship to the survival of the corporation

Which causes the most damage in terms of dollars annually? - White-collar crime because it has the fewest victims, but the victims are usually wealthier - None - Street crime because the penalties are usually only fines - White-collar crime because it costs over $1 trillion annually - Street crime because there are a high number of victims

White-collar crime because it costs over $1 trillion annually

Jon hires Roan as an independent contractor to dispose of waste from Jon's plant. One batch of waste was particularly toxic and was going to cost both Jon and Roan a lot of money to dispose of properly. Roan suggests that they just relabel the barrels of waste as a less caustic and less dangerous chemical and dump it with the rest of the regular shipments. Jon agrees. When Roan gets to the waste plant he is met by police who were tipped off by a whistle blower about the mislabeled chemicals. Roan is arrested. Is Jon also liable for this crime? - Yes, because he participated in the crime - There is not enough information to answer this question - No, because Roan is an independent contractor - Yes, because it was Jon's waste product - No, because Jon is not an expert in chemical toxicity and could not know

Yes, becuase he participated in the crime

Can real property be converted to personal property? - No, because that would reduce the value of the property - Yes, if it is removed from the land it was attached to - No, because it cannot change its nature - It is unknown - Yes, if it is first converted to intangible property

Yes, if it is removed from the land it was attached to

Shelly goes to Fredrico's restaurant to buy their property and make them an offer they can't refuse. She lets them know that she is working for someone else, but will not release the name of the principal. In this case, Shelly is ________ agent. - a ratified - a partially disclosed - a disclosed - a qualified - an undisclosed

a partially disclosed

When discussing Mens Rea, purposeful action is known as ________. - consciously ignoring risks that could reasonably result from one's actions - an exception - not exercising the care a reasonable person would in a specific situation - acting to intentionally harm another - a person had both criminal intent and a criminal action

acting to intentionally harm another

Target is an example of a(n) ___________ trademark. - fanciful - suggestive - arbitrary - generic - descriptive

arbitrary

An employer would use a BFOQ to ________ . - force someone to quit their job - promote team cohesion in a workgroup - create a fake rationale for ongoing discriminaition - cook meat at a holiday event - defend against charges of discrimination that would otherwise be illegal

defind against charges of discrimination that would otherwise be illegal

A licensee is someone who ______. - was invited onto the property by the owner - has the property owner's permission to be on the property - owns the property - is someone who is on the property for benefit of the owner - does not have the owner's permission to be on the property

has the property owner's permission to be on the property

Patagonia claims that its focus is on ________, even if that is not profitable in the short-term. - long-term profitability - improving the environment and lives of its workers - long-term fashion design - safety focussed clothing and equipment - short-term fashion design

improving the environment and lives of its workers

Howard Bowen's definition of social responsibility concluded that businesses and large corporations _______. - must comply with government regulations and nothing more - have no responsibility except to make money and further economic growth - must take broader societal objectives and values into consideration while conducting business - are responsible for climate issues as well as making profits - are prohibited from doing anything that might diminish stockholder returns

must take broader societal objectives and values into consideration while conducting business

One way businesses attempt to protect trade secrets is to require employees to sign a ________, a legal agreement where the employee agrees not to disclose the secrets or face stiff penalties. - non-disclosure agreement - memorandum of understanding - secretum foedus - trade secret agreement - pinkie promise

non-disclosure agreement

Some argue that the biggest reason corporations must exercise social responsibility in relation to stakeholders is that ________. - stakeholders have a constitutional right to be heard - corporations are large and have the ability to do good - it is required by law - corporations are provided many benefits from society, so they must pay it back - it is bad public relations not to.

orporations are provided many benefits from society, so they must pay it back

In response to the demands of the industrial revolution, some early industrialists engaged in __________. - combat - social welfare activities - looting - none of the above

social welfare activities

In the case of Griggs v. Duke Power Company, the company was found to be engaging in disparate-impact discrimination because ________. - the job required applicants to be bilingual - the hiring manager made racist comments to the applicants - the job requirements were not related to what was required to perform the job - the job description prohibited Middle-Eastern men from applying - the job description prohibited women from applying

the job requirements were not related to what was required to perform the job