Final
After the plaintiff serves a copy of the compliant on a defendant in a civil case, which of the following is NOT a possible response?
A deposition.
A crime that is punishable by less than a year of incarceration is commonly called a(n):
A misdemeanor.
Under the Omnibus Transportation Employee Testing Act, which employees must be tested for alcohol and drug use?
Airline pilots, bus drives, and commercial truck drivers
RDX filed a claim for "ipad" with the Trademark Office in 2007. Apple filed a claim for "ipad" in 2010. in litigation over ownership, the appeals court held:
Apple bought the mark from Fujitsu; its mark use dated to 2002, so Apple prevails.
Which racial group is NOT an officially recognized racial group under Title VII?
Arabs
General partners in a limited partnership:
Are personally liable to the partnership's creditors
In a negotiation, if another party "anchors" first, it is important to:
Avoid the "stickiness" trap by trying to move the anchor towards your optimal outcome.
A major purpose of tort law is to:
Compel wrongdoers to compensate injured parties.
Courts use the rule of reason to decide many antitrust cases because:
Courts consider the facts surrounding a case to decide if a practice hurts or helps competition.
Walmart hired Cuker to do software work for its online sales department. As the work progressed, the parties got into a dispute. Walmart sued Cuker for breach of contract. Cuker countersued for misappropriation of trade secrets because Walmart used some of Cuker's computer code. The court held that:
Cuker won damages and an injunction against use of its trade secret computer code.
Marshall was fired when she told other employers, accurately, that one of their supervisors was a registered sex offender. The Kentucky supreme court held that her termination:
Did not violate public policy exceptions to employment-at-will.
Which of the following facts represent a contract that is most likely to fall under Art 2. of the UCC?
GM buys seat belts from Ace to install in new Cadillacs
A major advantage of the use of precedent in businesses is that they will:
Have reasonable expectations about the enforcement of agreements based on decisions in prior cases.
Which of the following is an example of a successful descriptive trademark?
Holiday Inn
In Bowman v. Monsanto, Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that:
Monsanto's patented product could be sold with restrictions, which Bowman violated
Which (if any) of the following statements is true regarding the different types of tort law?
None of the above.
After Simms became a low firm partner.....
She continued to experience racism and realized that she had to establish her credentials every time she worked with a new client.
A jury may find that a person has acted negligently if:
Their conduct did not satisfy the reasonable person standard.
What is often a disadvantage of the sole proprietorship form of doing business?
There are limited alternatives available for raising capital.
Under the UCC Article 2, a sale must involve the transfer of what
Title
Which of the following is NOT a typical part of the discovery process in civil litigation?
Wiretaps.
In Zambelli Fireworks Manufacturing Co. v. Wood, where Zambelli sued Wood for violating the noncompete agreement in his contract, the appeals court held that:
Wood's specialized knowledge from working at Zambelli in addition to customer goodwill constituted legitimate business interests that Zambelli had a right to protect through a reasonable restrictive covenant.
Price discrimination that may be illegal under Robinson-Patman is said to occur when different:
buyers pay different prices to a seller for the same product.
Intangible property is property that:
cannot be held physically.
If a party fails to fulfill a nonbinding promise
contract law will not provide a remedy
What allows exclusive control over written works, musical compositions, art and photography; including control over reproduction, display and derived works?
copyrights
Defenses for firms charged with Robinson-Patman Act violations include:
cost justification and meeting competition.
Partners in a partnership owe each other:
fiduciary duty
Katzenbach v. McClung involved a restaurant that served food to African American customers only at the takeout window. The plaintiffs successfully sued the restaurant for violation of the Civil Rights Act because....
half of the food purchased by the restaurant came from out of state suppliers.
Katzenbach v. McClung involved a restaurant that severed food to African American customers only at the takeout window. The plaintiffs successfully sued the restaurant for violation of the U.S. Civil Rights Act because...
half of the food purchased by the restaurant came from out of state suppliers.
Product liability law is primarily concerned with:
harms suffered by purchasers of defective products.
A shareholders relation to creditors of the corporation is generally that the shareholder:
has no relation to the creditors
Suppose parties to a contract that falls under the UCC fail to specify some term. The UCC:
has rules to fill in the gap caused by the silent term.
Sam was the lawyer for Paul who cheated investors out of millions of dollars. The investors sued Sam, but Paul claimed that, as a lawyer, working on behalf of a client, he could not be sued for fraud or helping his client to commit fraud. The court ruled that:
he could be sued; being a lawyer does not excuse one for culpability for committing a fraud.
Different federal courts have ruled differently in cases involving employees who were terminated for being homosexual or transgender. The Supreme Court addressed the definition of sex discrimination under Title VII in the Bostick case. It held that termination for being:
homosexual or transgender is sex discrimination.
A contract that violates state or federal statutory law is:
illegal and unenforceable
Individual states and cities
may have civil rights acts that protect additional classes of employees not coved by Title VII
Carol's business requires that all employees dress professionally in business attire to give her company a professional appearance. Susan insists that she be allowed to wear ratty jeans because her religion requires it. Carol:
may insist that Susan wear business attire since the company has strict dress code policy.
Employers may legally hire more minorities or women without committing reverse discrimination if:
minorities or women are underrepresented in a certain job category
In Squish La Fish v. Thomco Specialty Products, which involved an adhesive that did not work as well as sales materials claimed, the tort at issue was called: fraud.
negligent misrepresentation.
The doctrine of judicial immunity means that judges may:
not be sued for damages for any judicial acts.
A practice of engaging in price discrimination in different markets in an attempt to undercut competitors is known as:
predatory pricing.
The intent of the Nutrition Labeling and Education Act is primarily to:
prevent misleading product claims.
The Food, Drug and Cosmetic Act of 1938 expanded the FDA's powers to include the power to allow it to do which of the following?
prohibit false advertising of drugs.
The Food Quality Protection Act requires that the FDA ensure what from any source that affects foods, raw or processed?
reasonable certainty of no harm
Which of the following are public-policy exception's recognized by most states are limits to the employment-at-will doctrine allows termination of employees?
refusing to commit an illegal act and performing a public duty (reporting for jury duty)
Under Title Vii of the Civil Rights Act's prohibition of discrimination based on religion, an employer is:
required to provide reasonable accommodation for an employee's religious practices.
Under Title VII of the Civil Rights Act's prohibition of discrimination based on religion, an employer is:
required to provide reasonable accommodation for an employees religious practices
States may usually pass regulations that are:
stricter than federal regulations(i.e. clean air standards)
Jim Crow laws were federal and state laws that:
supported, even required, racial segregation and labor market discrimination
In Bose Corp. v. Consumers Union, which concerned a magazine article that criticized Bose speakers, the Supreme Court held that....
the First Amendment prohibited the Consumers Union from criticizing a legal product.
A determination of what behavior counts as a crime and the kinds of punishments allowed is limited by:
the U.S. Constitution and state constitutions.
In the McDonald case, an African American employee and a white employee stole property from their employer. The employer reprimanded the African American employee, but did not fire him. The employer fired the white employee. In this case, the court ruled that:
the employer discriminated against the white employee on the basis of race under Title VII.
Bruen rented a car from Enterprise. The rental included a $1 million insurance policy provided by Enterprise Insurance. The policy excluded losses from accidents cause by a driver who was under the influence of drugs or alcohol. Bruen caused a fatal accident after he smoked marijuana to helo manage his chronic pain. Crowley, who survived, sued Empire to recover under the policy claiming that the policy exclusion for being under the influence was void as contrary to public policy. The trial court agreed. The appeals court held that:
the exclusion did not violate public policy so there was no coverage.
In McGill v. BP Exploration, where McGill sued for health damages, he claimed were caused by exposure to a toxic spill, the court ruled that...
the expert witness for McGill failed to meet the standard for reliability, so that the testimony would not be permitted.
Chmielewski, a lawyer, sent GEICO an offer on November 26 saying his client would accept $10,000 payment to settle a claim from an accident but the offer had to be accepted by December 10. GEICO sent ab acceptance and a check to Chmielewski late on the 10th after his office had closed and no on was there to receive it. GEICO claimed the offer had been properly accepted. The appeals court held that:
the offer had been made and accepted so the mirror image acceptance rule was satisfied.
The Clayton Act prevents a corporation from acquiring another corporation if:
the result is that it may substantially lessen competition.
The first thing that a business with a civil dispute that is going forward to litigation must determine is:
which court has the power and authority to decide the case.
When an employer fires an employee in violation of a public policy exception to the presumption of at-will employment, the employee may sue for:
wrongful discharge
Infringement is:
wrongful, unauthorized use of intellectual property in violation of the owner's rights that is the basis for a tort action.
Employees may be required to sign, as a condition of employment, an agreement that they will not leave the company and go to work for themselves or a competitor firm in a position that could inflict competitive injury on the employer. This is called:
A noncompete agreement
When Simms worked as a young lawyer at Shearman & Sterling, how did her race and gender affect her employment?
A prominent client, who did not understand a complicated provision, challenged her expertise by saying, "this is not English. This is Swahili."
A patent may NOT be issued for:
A theory
terminates it
According to the common la, a counteroffer does what to the original offer?
Cao bought a "dream light" on Amazon. It was defective and caused a house fire. The insurance company sued Amazon to recover the cost of the fire loss it paid out to the homeowner. Amazon moved to dismiss the suit because it did not manufacture the dream light. Assuming no recent changes to the state law based on the UCC, the court held:
Amazon was not resoponsible for the damaged caused by the light because it was merely a distributor of the product made by another company. It did not own the product and pass title.
The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the:
Equal Employment Opportunity Commission(EEOC).
What legislation makes it illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions?
Equal Pay Act
During Marsha Simms career she encountered many roadblocks to achieving her career goals. Which of the following advancement strategies did Simms NOT use to advance her career?
File an Equal Opportunity Claim against her employer
The U.S. Constitution:
Overrides any state or federal laws that go beyond what the Constitution permits.
A corporation Separates:
Ownership from control
It is important to ensure that laws are enforced because it......
Provides greater predictability and uniformity to the boundaries of acceptable conduct in society.
The word "antitrust" in the Sherman Antitrust Act comes from:
Rockefeller's Standard Oil, which was organized as a trust.
Zerzer LLC was owned and controlled by Sliman who leased its property to leonard. Leonard used the property to recycle used appliances. The state found violations of hazardous waste handling requirements. Nothing was done and the state sued to hold both Sliman and Leonard personally liable. The appeals court held that:
Sliman knew of the problems and failed to act, so he could be help personally liable as the owner of Zerzer.
Registering a trademark does not mean
That the U.S. Trademark Office will defend your use of the mark
Most States accept the UCC's provisions on most topics because:
The benefits of lowering the costs of doing business is great.
In Long v. Superior Senior Care, was injured on the job and filed for worker's compensation. Superior contended that she was an independent contractor so it was not responsible for such assistance. The Arkansas high court held that:
The conditions of the job showed that superior maintained little control, so Long was an independent contractor not due workers' compensation
Which of the following factors is NOT relevant in considering whether a use of copyrighted material is fair use that does not require payment?
The expense incurred copying that work.
When Simms Joined Weil, Gotshal & Manges, she noticed that the firm's culture differed from Shearman & Sterling because:
The firm was innovative and entrepreneurial and was founded by individuals who could not get a job at other firms because of their ethnic identities
Which of the following agencies has primary responsibility for sanitation of meat, poultry, and eggs?
U.S. Department of Agriculture
Negligence torts are based on the idea that:
We have a duty to conduct ourselves in a way that does not create an unreasonable risk of harm.
The main reason that drug companies today produce only about half as many new drugs each year compared to previous decades is:
the high cost and long time frame involved in clearing all the FDA hurdles to market a new drug.
