Law Questions Master Set
The principle of _________________ is based on the concepts that criminal law acts as a deterrent, it removes dangerous criminals from the population, and rehabilitation is an important part of the criminal justice system
punishment
If a consent decree is not reached between the EPA and the PRP, and the EPA believes the PRP is not acting in good faith, the EPA will: ______.
pursue a civil lawsuit
A manager demanding sexual favors as a condition of continued employment is an example of: ______.
quid pro quo sexual harassment
Common law crimes exist under ______ common law.
state
Drug and alcohol testing of employees is typically governed by _____________ law rather than federal law.
state
Steps of Adjudication (6)
1. Preliminary hearing 2. File indictment, or drop charges due to insufficient evidence 3. Defendant enters plea 4. If no plea agreement is reached, defendant goes to trial 5. Conviction or acquittal of the defendant 6. Sentencing (if convicted)
pension
A retirement benefit in which the employer promises to pay a monthly sum to employees who retire from the company after a certain number of years of service. The amount is ordinarily based on the length of service and the employee's final salary rate.
Which of the following are specifically exempted from coverage by the National Labor Relations Act (NLRA)?
Airline employees
seller
An acknowledgement form is typically issued by the ______.
What is the term for a crime that is defined in terms of a failure to act?
An act by omission
Formal action in a lawsuit begins when the plaintiff files a _______.
summons and complaint
Under the Act (FCPA), ___________________ ________________ ___________ payments need not just be cash, but can also include gifts and entertainment.
Blank 1: Foreign Blank 2: Corrupt Blank 3: Practices
Nearly two-thirds of the states have enacted criminal codes based on the (MPC) adopted by the American Law Institute.
Blank 1: Model Blank 2: Penal Blank 3: Code
If employees are involved in a work stoppage other than an NLRA-authorized strike, they may be ____________ for engaging in an illegal work stoppage.
terminated or fired
A(n) scheme is a type of fraud where investors are paid from other investors' money instead of from actual profit.
Blank 1: Ponzi or ponzi
When the infringing device does more than is described in the patent application of the protected invention, the rule of applies.
Blank 1: addition or additional
In proceedings, the government must prove that its action of taking private property is rationally related to a public purpose.
Blank 1: condemnation
The principle of requires that crimes be specifically proscribed by law in advance of the conduct sought to be punished.
Blank 1: legality
A(n) trademarkBlank 1Blank 1 trademark , Correct Unavailable can be renewed an unlimited number of times so long as the holder pays the registration fee.
Blank 1: mark or trademark
From a legal perspective, a crime has two parts: (1) a physical part, in which the defendant committed an act or omission, and (2) a(n) part, which involves the defendant's subjective state of mind.
Blank 1: mental
A crime in which the punishment is incarceration up to one year is called a(n) .
Blank 1: misdemeanor
Fill in the blank question. A business method may be patentable so long as it accomplishes a useful purpose in a(n) and nonobvious way.
Blank 1: novel
A(n) of justice charge can stand independently without the defendant being charged with or convicted of an underlying crime.
Blank 1: obstruction
The doctrine of equivalence came about due to the abuse of the rule of .
Blank 1: omission
The doctrine, also known as the Park doctrine, recognizes that when dealing with FDCA violations, an individual corporate officer can be found guilty of a crime on behalf of a business's illegal activities.
Blank 1: responsible Blank 2: corporate Blank 3: officer
Environmental laws and regulations are typically lawful so long as they advance a(n) and state interest.
Blank 1: substantial Blank 2: legitimate
If a mark is no longer used in commerce for years, the rights are lost through abandonment.
Blank 1: three or 3
The Sixth Amendment requires a defendant to be brought to trial within eight months. Any further delay is considered presumptively
Blank 1: unconstitutional
Fill in the blank question. A(n) patent applies to the invention of any new or useful process, machine or article of manufacture.
Blank 1: utility or utilities
Crimes in which the perpetrator has used forced is called a crime.
Blank 1: violent
Employee privacy for telephone calls and _________ _________ is protected by the Electronic Communications Privacy Act (ECPA).
Blank 1: voice Blank 2: mail or mails
Which of the following might enforce local use ordinances?
Building inspector
Production of Business Records
Business records may be classified as private papers protected by the Fifth Amendment. But this protection has been severely narrowed over the last several decades.
Strict Liability (criminal liability)
Can be liable for a crime with or without a "bad mind". Requires the least liability; it holds people accountable for their actions without regard to fault.
Which of the following are included in the Clean Air Act's market based approach?
Cap and trade plan Emission-trading permit process
Madrid
the ____ Protocol provides a uniform, single-source process for trademark protection.
Paris
the _____ Convention is considered the most important multilateral agreement on patents.
Historically, ______ recognized virtually no protections for employees from discrimination based on race, color, gender, religion, national origin, age, disabilities, and other characteristics.
the common law
Carla's Cars (CC) and Trixie's Transmissions (TT) entered into a contract for CC to purchase transmissions from TT. Certain terms of the contract were incomplete and somewhat ambiguous. Under the UCC, this contract will be allowed to be enforced using each of the following criteria except the:
trial judge's input of any terms necessary to maintain fairness between CC and TT
The ADA does not require the employer to provide accommodations that constitute a(n) ______ on the employer.
undue hardship
Actions deemed illegal by the NLRA are termed _________ labor practices.
unfair
Labor ________ are a historic source of employee protections.
unions
Labor __________ are a historic source of employee protections.
unions
To be granted a patent, the invention or process must be Blank______ and Blank______.
unique; original
Trademark infringement relief is available under the Lanham Act and the
Federal Trademark Dilution Act, as amended by the TDRA.
Trademark infringement relief is available under the Lanham Act and the:
Federal Trademark Dilution Act, as amended by the TDRA.
Under the NEPA, which of the following are required to follow established policy if a planned course of action will have a significant impact on the environment?
Federal agencies
Which of the following is the statutorily created right to file a lawsuit in federal court?
Federal cause of action
Rules and Principles
Legal sources define modern international law as a body of ____ and _____ of action binding on countries, international organizations, and individuals in their relations with one another.
What is the term for the theory that individuals should have advance notice through laws and statutes of what behavior society considers criminal?
Legality
Which of the following tends to cause concern for businesses when it comes to environmental issues
Liability for cleanup
Daniel owns 30 acres of land in fee simple and executes a Deed granting the following: To Mary for life, remainder to Charles, but if Charles is not alive then to Samuel. Mary's interest in the Property is called
Life Estate
Which of the following is an ownership interest that lasts for the lifetime of a particular person?
Life estate
What law criminalizes the use of mail to perpetrate a fraud?
Mail Fraud Act
Which of the following will help shield an employer from sexual harassment liability?
Making employees aware of an employer's sexual harassment policy
Which of the following industries are most affected by patent law? Banking Insurance Restaurant Manufacturing
Manufacturing
Insider Trading
SEC Act and Insider Trading and Securities Fraud Enforcement Act Tough criminal and civil penalties for insider trading, and wrongful acts of their employees of brokerage houses Government has strong authority to pursue insider-trading violations.
Critics of strict liability
Say its too easy to expand strict liability beyond offenses that seriously endanger the public. They're always wary of making exceptions to blameworthiness, which is central to the mens rea principle. It does no good to punish people who haven't harmed others purposely, knowingly, recklessly, or at least negligently. At the end of the day, the critics maintain, a criminal law without blameworthiness will lose its force as a stern moral code.
The adjudicative phase of the criminal justice process includes each of the following components except
Setting Bail
exclusive
Sharing control of the land in question would negate the ______ possession requirement of an adverse possession claim.
Principle of Concurrence
Some mental fault has to trigger the criminal act in conduct crimes and the cause in bad result crimes. So all crimes, except strict liability, are subject to the concurrence requirement. Concurrence is an element in all crimes where the mental attitude was formed with purpose, knowledge, recklessness, or negligence.
What is the major difference between a pension plan and a retirement account like a 401k?
The pension is a promise to pay a retirement benefit from the employer; a retirement savings account is controlled by the employee.
statute
The period of time personal property must be held for adverse possession purposes is set by: ______.
Which of the following Is true of the executive powers of the President
The president has the power to issue executive orders which have the full force of law
prescription
The privilege to use an easement acquired through adverse possession is known as:
closing
The settlement date for a sale of real estate is usually referred to as the ______ date.
t
True or false: Under the FCPA, any item of any value can be construed as a bribe.
police power
Wetland preservation ordinances that restrict a landowner's right to develop, fill or dredge land are legitimate exercises of a state's: ______.
Bailment
What type of relationship is created when the owner of personal property entrusts another party to temporarily hold the property for a purpose that is for the mutual benefit of both parties?
Suggestive Marks
Marks that suggest the product or service without literally describing it are considered highly distinctive, have higher level of protection. (imagination, thought, perception are required to understand how it is tied to the underlying product
cost
Mediation has grown in popularity as a method to resolve conflict due to decreased time commitments as well as a decrease in _______
The three most common formal methods of ADR are:
Mediation, arbitration and expert evaluation
What is the term for the necessary mental state a defendant has to have in order to be convicted of a crime?
Mens rea
The UCC defines a _ as one who is regularly engaged in the sale of a particular product
Merchant
In order to disclaim the implied warrant of _, use of the word "merchantability" is required.
Merchantability
What is the term for facts that do not excuse a crime, but may lessen the punishment?
Mitigating circumstances
Nearly two thirds of the states have their criminal code based on what model law adopted by the American Law Institute?
Model Penal Code
Which of the following functions and powers do administrative agencies not exercise
Moral
General Intent
Most commonly used in the cases to mean the intent to commit the criminal act as defined in a statute. It is general because it states the minimum requirement of all crimes--namely, that they have to include an intentional/voluntary act, omission, or possession. Not all courts define general intent at the intent to commit the criminal act--this causes confusion.
The formal process to certify a union begins when the ____________ sets a date for an election.
NLRB
The law that provides protections for workers who wish to form labor unions and engage in collective bargaining is the: ______.
National Labor Relations Act (NLRA)
The law passed to help prevent workplace injuries is known (by its initials) as:
OSHA
Under _________ a defendant's assets can be seized if it can be proved that those assets were obtained due to illegal activity.
RICO
T/F The employment-at-will doctrine permits an employer to terminate an employee subject to a collective bargaining agreement (CBA) without advance notice and just cause.
false
A(n) ______ occurs when the conduct of the harasser(s) is of such a severe and crude nature, or is so pervasive in the workplace, that it interferes with the victim's ability to perform their job responsibilities.
hostile work environment
Under the exclusionary rule
illegally obtained evidence may not be introduced at trial.
The federal labor laws were adopted to protect the following:
immigrant workers
The removal approach under the Superfund deals with: ______.
imminent hazardous material releases
Whistle-blowers may still be terminated if their job loss is due to reasons _____________ from their whistle-blowing activities.
independent, apart, or separate
The centerpiece of The Private Securities Litigation Reform Act of 1995 is the safe-harbor provision that shields the issuer from liability based on _________.
information found in the prospectus
An agreement between a landlord and a tenant is referred to as a(n):
lease.
Registration of copyrighted work allows the owner _ methods for enforcing the copyright.
legal
The two primary focus areas of the National Ambient Air Quality Standards Act are stationary sources of air pollution and: ______.
motor vehicles
An alternative method of raising capital that arose during the global recession is:
peer-to-peer lending
The management of Secure Securities, Incorporated decided to go public and issued stock on the New York Stock Exchange. This is known as the
primary market.
If vicarious infringement is proven, damages can be recovered from the
principal
There is a higher standard of _____________ in an individual's home than in public, according to the Fourth Amendment.
privacy
It is possible to be in rightful possession of personal property without having actual ownership of the property.
True
The National Environmental Policy Act (NEPA) applies to interstate highway construction.
True
The government must pay reasonable compensation when it exercises its right of eminent domain.
True
Criminal __________ refers to protections for defendants being charged in criminal cases that are primarily derived from the Constitution's Bill of Rights.
procedure or procedures
Criminal ____________ refers to the legal process and safeguards afforded to individuals during criminal investigations, arrests, trials, and sentencing.
procedure, proceeding, proceedings, or procedures
If an individual is affected by a zoning regulation, he or she may be entitled to due _ protection.
process
Once an EIS has been published, interested constituencies as well as the __________ can comment on the statement.
public
Anna works at Zeal-Us Inc. She and her coworkers have been going on strike for two hours every alternate day to protest the unfair termination of one of their colleagues. Their union has not authorized the strike. This is an example of a _____.
wildcat strike
The Resource Conservation and Recovery Act (RCRA) applies only to active facilities, not future ones.
False
True or false: An agency needs a warrant to inspect or seize records from a business which is pervasively regulated.
False
True or false: An omission of the most important information will always be considered material.
False
The sales of securities in the secondary market does not raise capital for the business whose stock is sold.
True
Wages, working hours, and working conditions are covered in federal labor
law
Individual Liability for Business Crimes
Provides up to 20 years of incarceration for any employee that destroys documents relevant to a government agency investigation.
When the seller promises that a product is good for a particular activity, the seller is implying the warranty of merchantability.
True
f
True or false: Multilateral agreements used as a form of protection of intellectual property rights are mandatory.
Which of the following is true of the U.S. court system?
U.S. Supreme Court appellate review is discretionary
To protect product _____ through trademark protection laws, a business must overcome any notion that the design purpose was to allow the product to function properly rather than as a distinctive trademark.
design
Employees using company computer equipment and systems have _________ right to privacy.
no
If terminating an employee will harm the public good, a public _________ exception may be recognized.
policy
A patent infringer is subject to a(n) __ __ when it is proven that revenue from possible sales have been withheld from the patentee for a long period of time.
prejudgement interest
A(n) _________ account is controlled by the employee, who commits a percentage of each base pay check to fund the account.
tax-deferred retirement savings account
Batteries, fluorescent bulbs, and thermostats are examples of____ waste.
universal
The Americans with Disabilities Act (ADA) mandates that a person in the protected class must receive equal treatment to that of nonclass members.
false
The term "employment discrimination" includes improper conduct in the hiring process and disciplinary actions but does not cover inequitable promotions, demotions, work schedules, or assignments.
false
True or false: Pricing advertisements are not subject to consumer protection regulations.
false
Software source coding is protectable
which of the following are protectable as a trade secret? new software that helps a manufacturer speed up the design process for new products
policing
Mark holders must protect their rights by _____ their marks.
Which of the following is a defense to liability for a company under the 1933 Act
Materiality
The Uniform Residential Landlord-Tenant Act governs the legal relationship between: ______.
residential landlords and tenants.
FCA
The CISG term that means the seller provides transportation at the seller's expense only to the buyer's carrier is _______.
arbitration
The World International Property Organization creates a(n) ______ center for disputes involving patents, trademarks, and copyrights.
If no union exists, a group of employees may form a(n) ______ unit to negotiate with management.
collective bargaining
Food safety processes, procedures, and standards are regulated by the
food and drug administration
Under the Act, more distinctive marks are provided with greater protection.
Blank 1: Lanham
The settlement date for a sale of real estate is usually referred to as the ______ date.
closing
The business necessity test has been used in:
disparate impact claims.
Fixtures
_______ are anything affixed to a structure.
A titleholder of personal property typically has _ use of the personal property.
exclusive
A holder of a mark has the _ right to use the mark.
exclusive or sole
Real property is property.
Blank 1: tangible
reciprocity
Comity is rooted in the theory of _____
Which of the following is considered the biggest aquatic oil spill in history?
Deepwater Horizon Spill
take tangible form.
Durable medium means that the work must ______
service marks
identify business services (transportation, accommodations)
copyright laws
The RIAA enforces:
tenancy for years.
The landlord-tenant agreement evidences a: ______.
The Purpose of the Law is
The two answers whcih do not involve subjugating the masses
People v. Kibbe
...
election
A vote to elect or reject unionization by the entire bargaining unit.
lease
An agreement between a landlord and a tenant is referred to as a(n):
author
An original work of authorship is a work that is original to the _______
An implied warranty of merchantability will apply to all of the following transactions except
Cartwright, a private party, selling his airplane to O'Brien, a private party consumer.
Which category is used for agency actions that have little or no environmental impact?
Categorical exclusion
The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the
Cause in Fact
local
Cities, boroughs, and townships are examples of ______ governments.
Plain View Doctrine
Courts have also held that the authorities generally do not commit a Fourth Amendment violation where they obtain evidence by virtue of seeing an object that is in plain view of a government agent who has the right to be in the position to have that view.
The most common way for commercial real estate to be transferred is by inheritance.
False
Liability without Fault (Strict Liability)
In strict liability cases, the prosecutor has to prove only that defendants committed a voluntary criminal act that caused harm.
open and visible possession
In the context of adverse possession, building a fence on property or other enclosure around property are examples of: ______.
__________ bonds are growing in popularity with smaller businesses desiring to raise between $500,000 and $1,000,000.
Micro
infringer
One who actively induces infringement of a patent is considered a(n) ______
intellectual
Patents are classified as ______ property.
Specific Intent
Some courts limit specific intent to the attitudes represented by subjective fault, where there's a "bad"mind or will that triggers the act. The most common definition of specific intent is general intent "plus."
immunity
Sovereign __________ allows for nations to be exempt from jurisdiction in other nations' courts.
Most crimes are dealt with by authorities at what level?
State
goods
Tangible personal property that is movable at the time of contract is known under the UCC as
License
Which of the following occurs when a landowner gives permission to another to use property, but the use may be revoked at the owner's discretion?
What is a reason why the MPC would indicate a corporation is to be held as an entity liable criminally?
The crime was authorized by one of the corporation's top-level managers.
Defense of excuse
The defendant did something wrong, but her mistake excused her. The mistake prevented the formation of a culpable state of mind; there is no crime because the mental element is missing. Mistakes raise a reasonable doubt that the required mental element for criminal conduct is present.
Garbage, refuse, sludge, and sewage are examples of ______ waste.
solid
Under the TILA, which of the following is the maximum amount of unauthorized charges a consumer will be responsible for?
$50
'valid title
A good faith purchaser will only acquire valid title to personal property when the seller has: ______.
Which of the following is a requirement of adverse possession?
Actual and exclusive use
Deceptive advertising as it relates to pricing is evidenced in all of the following except
advertising a sale in a local newspaper.
A Copyright Protects the rights of
creators of original works for a defined period of time.
Employers seek to avoid vicarious liability for actions of employees that could be defamation or employment
discrimination
An employee alleging employment discrimination must first file a complaint in federal court.
false
Whistle-blowers may be terminated for activities: ______.
independent of whistle-blowing
In a trademark dilution case, evidence of consumer confusion is:
not necessary in order for the mark holder to recover.
The Labor Management Relations Act:
prohibits requiring union membership as a condition of employment
A group of employees with common interests may form a collective bargaining ____________ to deal with labor-management issues.
unit
______ generally involves a scheme to pay a government official money in order to obtain favorable treatment for a personal or business transaction.
Bribery
The ______ cases created judicially created an affirmative defense whereby an employer may avoid vicarious liability by proving that a system was in place that was intended to deter, prevent, report, and correct any harassment.
Faragher/Ellerth
True or false: The search incident to arrest exception allows law enforcement to search information on a cell phone.
False
One who actively induces infringement of a patent is considered a(n)
infringer
Trading securities on information to which the investing public does not have access is referred to as ________ trading.
insider or inside
Which of the following is true of Subchapter S corporations?
They receive flow-through tax treatment.
International law
Which of the following is the area of law influenced by a combination of law, religious tenets, and diplomatic relations between nations?
Foreign Sovereign Immunities Act
Which of the following is the federal statute that prohibits United States courts from rendering judicial actions against foreign nations or their government officials?
plant
Which of the following is the least common patent?
Freddie was approached by Byron, a police officer, who asked him if he could search Freddie's backpack. Freddie gave Byron permission to conduct the search. Byron had no warrant and no probable cause to believe that Freddie was involved in criminal activity. Byron found an illegal switchblade in Freddie's backpack and arrested him. Is this a legal search? Why/why not?
This is a legal search because it was consensual, Freddie gave Byron permission
Which of the following employees would be eligible for 12 weeks leave under the Family and Medical Leave Act?
Trishia, an accountant who has worked full time for the last year for Midco, a company with 70 employees who work in one building.
Valid contracts can be written or oral.
True
Misty and Kate opened a coffee shop in their home state, Massachusetts. They incorporated their shop, Misty Kate's Coffee Adventure, Inc., in the state of Massachusetts. In Massachusetts, Misty Kate's would best be characterized as
a domestic corporation.
The NEPA procedures are triggered when ______ takes any action that may be reasonably considered as having an impact on the environment.
a federal agency
Suggestive marks are given:
a high level of protection.
In some states, a worker is not entitled to workers' compensation benefits if the injury was the result of: ______.
a knowing violation of safety rules. intoxication or illegal drug use.
The National Labor Relations Board (NLRB) monitors _________ elections for fraud and sets guidelines for fair labor practices.
union
Regarding pay for employees taking leave under the FMLA, the leave is:
unpaid
Rocky is an employee with McDougal's Incorporated, a company covered by the Fair Labor Standards Act. Rocky works as a laborer and is not exempt. He is scheduled to work 40 hours each week and makes $20 an hour, for a total of $800 a week. If he works 10 extra hours in a particular week, his paycheck for that week should be for
$1,100
Under the ADA, the ______ test applies when an employer considers an employee as having impairment, even if the impairment is not technically a disability under the ADA.
regarded-as
The Superfund was initially established to help clean up: ______.
abandoned toxic waste sites
The ______ allows a defense for an issuer who includes specific and narrowly tailored cautionary language to negate any allegedly misleading or overly optimistic prediction.
bespeaks caution doctrine
Although each antidiscrimination statute has its own set of defenses, there is some ______ among employer defenses.
commonality
The common law of torts is primarily intended to
compensate victims
What is the term for statutory mandates on punishment for crimes that seek to restrict judicial discretion?
Sentencing guidelines
Accommodations Transportation
Service marks are typically associated with ____ and _____
World Court.
The International Court of Justice is also known as the _____
A trademark that identifies the source of a particular product is said to be
distinctive.
Environmental laws exist at the local, state, and ___________ level
federal
High water quality standards are common for a use such as: ______.
fishing
The employer is responsible to maintain ________ ____________ benefits for an employee who is using FMLA leave.
health care
While an employee is on FMLA leave, the employer is required to maintain the employee's: ______.
health care benefits
he SOX Act requires public companies to maintain audit committees composed entirely of ________ directors
independent
Indirect Infringement
involves copyright owner, direct infringer and facilitator of the infringement
Motive
The reason the criminal committed the crime, but the intent can be different.
Under the McDonnell Douglas standard, to prove a disparate claim a plaintiff must prove her ______ case.
prima facie
The burden of proof for investigators to receive a search warrant for a suspect is
probable cause.
The ADA defines disability as a physical or mental impairment that ______ limits a person's ability to participate in ______ activities.
substantially, major life
The implied warranty of merchantability applies to every sale of a product where:
the seller is a merchant
After ________, employees are entitled to their benefits from employer contributed benefit plans
vesting
A search ___________ is granted by a judge to investigators if there is probable cause that the individual being investigated committed a crime.
warrant
"As is" or "with all faults" have been considered by courts to be sufficient to disclaim
warranties
Crimeco senior executives were involved in a massive fraud scheme to misrepresent their financial health. Faroq was employed by Crimeco as a regional manager and reported to state authorities about the fraud. Faroq is known in employment law as a/an
whistle-blower
A specific statutory exception to the public policy exception to the employment-at-will doctrine is:
whistle-blower law
An employee who identifies and reports unlawful conduct within the organization is known as a(n) ______.
whistleblower
money, information
Article 2 of the UCC governs the sale of goods, which do not include __________
What type of relationship is created when the owner of personal property entrusts another party to temporarily hold the property for a purpose that is for the mutual benefit of both parties?
Bailment
What offers protection for original work of authorship fixed in any tangible medium of expression, not known or later developed from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device?
Copyright
Copyrights are regulated by the
Copyright Act.
Which of the following is not true?
Corporations are not permitted to file lawsuits
The EPA and the Army ________ of Engineers primarily implement and enforce the Clean Water Act.
Corps
____________ law consists of a body of law that, for the purposes of preventing harm to society, declares what conduct is criminal and prescribes the punishment to be imposed for such conduct.
Criminal
Beyond a reasonable doubt is the burden of proof in what type of cases?
Criminal cases
What area of law could result in a fine, imprisonment, or even execution?
Criminal law
"Substantial and Unjustifiable Risks"
Criminal recklessness requires more than awareness of ordinary risks; it requires awareness of "substantial and unjustifiable risks."
Criminal statutes (as opposed to civil law)
Criminal statutes are a protection of society, and the violation of a criminal law results in a penalty to the violator such as a fine or imprisonment. Not mutually exclusive to civil law, ex: OJ
Culpability/Blameworthiness
It is fair and just to punish only people we can blame.
A reason employers are against the amendments to the Employee Free Choice Act is:
It puts undue pressure on employees to sign authorization cards
Which of the following is true of the Patient Protection and Affordable Care Act (PPACA)?
It requires individuals not covered by an employer policy to purchase health insurance from a state health care exchange.
____________ theft occurs when someone assumes the identity of an individual for the purposes of making fraudulent credit transactions in the victim's name.
Identity
A(n) ______ orders a party to cease from engaging in a particular unlawful practice or an order compelling a party to act.
Injunction
novel
A business method may be patentable so long as it accomplishes a useful purpose in a(n) ____ and nonobvious way.
forum
A choice of _____ clause in an international contract predetermines which nation's court system will apply.
law
A choice of ______ clause in an international contract predetermines which nation's laws will be used in a potential dispute.
Which of the following statements about alternative dispute resolution (ADR) is true?
A common formal ADR method is mediation
ten years
A mark's initial registration period is:
attorney
A patent infringer acting in bad faith may have to pay the prevailing party's _____ fees
A patent infringer acting in bad faith may have to pay the prevailing party's fees.
A patent infringer acting in bad faith may have to pay the prevailing party's fees.
Prejudgment Interest
A patent infringer is subject to a(n) _________ when it is proven that revenue from possible sales have been withheld from the patentee for a long period of time.
Edna wants to go into business as a bookkeeper. She has almost no money, but her great accounting education at FGCU made her a valuable asset to the community. The lowest cost method of going into business for Edna will
A sole proprietorship
Which of the following circumstances involves a "remand"?
A state appeals court judge, reverses a trial court case and sends it back to the trial court with instructions that a different rule should be followed
right-to-work
A state law prohibiting employers from requiring that employees join a union to continue working and that nonunion employees contribute to certain union costs such as the cost related to collective bargaining.
Picketing
A union's patrolling alongside the premises of a business to organize the workers, to gain recognition as a bargaining agent, or to publicize a labor dispute with the owner or whomever the owner deals with.
When employees are tested for drug or alcohol usage, action on positive results may be limited or prohibited under the: ______.
ADA
tarnishment
An association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark with something that a consumer might find objectionable or unflattering is dilution by _______
A representation of fact about a product is
An express warranty
merchant's firm offer
An offer where a merchant offers to buy or sell goods with an explicit promise that the offer will be held open of a certain period of time is a:
Which of the following is true regarding federal powers under the US Constitution
They are limited and Granted
Mens rea
"evil state of mind." "Mental element," "mental attitude," state of mind," or "criminal intent." "An act doesn't make the actor guilty, unless his mind is guilty."
When a person cosigns a loan as a Surety, that person becomes primarily liable for the debt.
True
Widget Co. violated the Foreign Corrupt Practices Act (FCPA), after its permit for doing business in Venezuala was denied by a government official, when an employee of Widget Co. paid for a lavish meal for the government official at a four-star restaurant while discussing the permit application. True or false.
True
Which of the following requires lenders to disclose relevant information regarding the terms of credit to a consumer
Truth in Lending Act
Which of the following allows a seller to disclaim both implied and express warranties under certain conditions?
UCC
Which of the following allows a seller to this claim both implied and Xpress warranties under certain conditions?
UCC
A trademark holder acquires rights through use in commerce or by registering the mark with the _.
USPTO
Legal Cause
(also called "proximate" cause) of death, other bodily harm, and damage to and destruction of property. A subjective question of fairness that appeals to the jury's sense of justice.
adverse
Open and notorious possession that is visible and exclusive and for a continuous period of set time is ______ possession.
Which of the following contain information on stationary sources of pollutants, including which pollutants are being released and at what levels?
Operating permits
tangible
Real estate and goods are examples of _____ property
fair use.
Reasonable educational use of copyrighted material is usually recognized under the defense of ______
Individuals who engage in Illegal file sharing have been pursued by the:
Recording Industry Association of America.
legal
Registration of copyrighted work allows the owner ______ methods for enforcing the copyright.
The Superfund law follows which approaches to the cleanup of hazardous waste?
Removal and remedial
In which of the following occasions would formal rulemaking be used by a federal agency?
Revision or final publication
Which federal administrative agency is charged with policing the integrity of the financial marketplace
Securities and Exchange Commission
the ________________ doctrine involves a defendant's use of deadly force to repel an attack.
Self defense
authorization card
Signed statements by employees indicating that they wish to unionize and/or are electing to be represented by an existing union.
tangible
Personal and real property are forms of ______ property.
Aerial observation of a criminal suspect's home that provides evidence is permissible due to what doctrine?
Plain view doctrine
nonmerchant
The CISG does not apply to transactions in which one of the parties is a ______
First sale doctrine
Which of the of following allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright owner?
Civil law systems
Which type of legal system relies heavily on written code law?
What is the term for a crime that takes place in a business environment?
White-collar crime
Billy's Barbecue was a small business with 20 employees in Tinyville, a town that seldom had visitors from other states. Billy refused to serve people of Middle Eastern descent. Billy's only contact with other states was purchasing some of his beef from a butcher in a neighboring state. May Congress regulate Billy's activity under the Civil Rights Act? Why/why not?
Yes, because Billy's is engaged in interstate commerce under the Commerce Clause
For a mental incapacity case, the Model Penal Code requires that a defendant's actions be related to
a mental disease or defect.
Brandon's Computers Incorporated (BCI) entered into an agreement to purchase all of the computer chips that BCI needed for the next year from Chipco. What is this agreement called?
a requirements contract
Labor unions provide: ______.
a source of employee protections
In some jurisdictions, a shorter period of time than what is set forth in the statute may be allowed for adverse possession claims if the:
adverse possessor pays taxes on the land.
The substantially younger requirement is something
age discrimination claim
It is important to note that children in family ______ jobs and ______ are not subject to the FLSA restrictions.
agricultural, child actors
Ownership of real property is typically evidenced by a(n): ______.
deed
Title to real property is usually conveyed through a(n):
deed
Uniform Trade Secret Act (UTSA)
defines trade secret as information/articles that are to be kept secret because of their particular value. (formula, pattern, compilation, program, device, method, technique ) meets 2 criteria: 1. independent economic value (actual or potential) 2. subject of efforts that are reasonable under the circumstances to maintain its secrecy
Federal Trademark Dilution Act of 1995
amended in 2006 that permits mark holders to recover damages and prevent others from diluting distinctive trademarks
Marks that require no leap of imagination to connect to the product are called ____ marks
descriptive
Marks that require no leap of imagination to connect to the product are called:
descriptive marks
Marks that make specific references to qualities, features or characteristics of a product or service are considered
descriptive.
A current trend in strategic business planning is to trademark product ______ as a form of trade dress.
design
Fill in the blank question. patents will protect inventors for any new, original, and ornamental design for an article of manufacture.
design
To protect product _ through trademark protection laws, a business must overcome any notion that the design purpose was to allow the product to function properly rather than as a distinctive trademark.
design
Blurring dilutes
dilutes the distinctive quality of the mark through its identification with goods that are not alike.
If a copyright owner can prove that he has legal ownership of the work and that an infringer copied the work without permission, what type of infringement has occurred?
direct infringement
Before pursuing a theory of indirect infringement, the copyright owner must first identify who?
direct infringer.
The SOX Act has made it easier for the government to prosecute officers and __________ engaged in securities fraud.
directors
If employee drug or alcohol testing uncovers addiction issues, action against the employee may be limited by the Americans with _________ Act (ADA).
disabilities
_is a mental or physical impairment that substantially limits a person's ability to participate in major life activities
disability
The completion of a contract when both parties no longer have obligations under it because they have performed everything in good faith is known as
discharge
Using bold print and capital letters are common ways to ___ a warranty.
disclaim
The Federal Odometer Act requires defective odometers be
disclosed in writing.
Katherine gave the permanent right to Cosgrove Electricity to run and maintain a power line across her property in consideration of $5,000. This was transferred by deed. This is known as a/an
easement by grant
The emission-trading embraces the ______ that overall pollution reduction will result if businesses have an economic and competitive incentive, rather than a mandate, to invest in modern equipment and plants.
economic incentive theory
Acquiring rights to trademark
either through 1. use in commerce 2. registration of the mark with the U.S. Patent and Trademark Office (USPTO)
The authority of the government to take a person's private property is called
eminent domain.
Performance standards set forth by the TAQ Program were designed to make sure:______.
emission systems last a certain time period.
The _______ is the main contributer to a retirement savings account, such as a 401(k) plan, while the employer funds a pension plan.
employee
When a seniority system is implemented, the burden falls on the ______ to prove that the system was designed with discriminatory motives.
employee
Antidiscrimination statutes in the workplace protect: ______.
employees
Evidence obtained by unconstitutional means will not be permitted due to the _________ rule
exclusionary
The principal amount of a bond is known as the
face amount.
n order for Rule 10(b)5 to be violated, the information released by the tipper __________ must constitute a breach of the tipper's duty to the company.
fiduciary
In Florida, a Limited Liability Partnership is formed by
filing a Statement of Partnership Authority and a Partnership Registration Statement
The _ sale doctrine allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright holder.
first
The idea that the first inventor to file a patent application is given the patent is the ______ rule.
first inventor-to-file
Under the Superfund law, a defense against cleanup liability may be available to banks and secured creditors who became owners of contaminated property through: ______.
foreclosure
Certain federal and state statutes displace common law employment-at-will rules. The best examples are ______ laws that prohibit termination based on certain discriminatory motivations such as race or gender.
antidiscrimination
Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Americans with Disabilities Act of 1990 are examples of federal +++++statutes
antidiscrimination
Under the 1986 amendments to the Superfund, businesses must disclose the presence of certain chemicals within a community as well as report: ______.
any spills of hazardous materials.
The process of asking a higher court to reverse a lower court's conviction in a criminal case is called a(n)
appeal
Under the Securities Litigation Uniform Standards Act of 1998, lawsuits cannot be filed in federal or state courts based on __________.
common law of a state that punishes for a misrepresentation of a material fact
Lanza was just hired to work for a government defense contractor. A clause in the contract calls for Lanza to pass a background check before he can work in the job, as a security clearance is required for all employees. If he cannot pass the background check and get appropriate security clearance, he cannot have the job and the employment contract will be voided. This clause would be a
condition subsequent
Rights are lost through _ when a word becomes too generic to the point where it has lost its distinctiveness,
genericide
Citizens and interest groups may file a lawsuit against a polluter in violation of environmental laws or
government agencies not enforcing environmental laws.
title usually obtained by a _ of title
grant usually thru purchase or gift
Which of the following is (are) true of the Fair Debt Collection Practices Act:
- it applies to collection practices for consumer debt - it applies to agents of the creditor when attempting to collect a consumer debt
Proving causation requires proving two kinds of cause:
1. Factual cause 2. Legal Cause
Two-Pronged test for recklessness:
1. was the defendant aware of how substantial and unjustifiable the risks that they disregarded were? (subjective--focuses on a defendant's actual awareness) 2. Does the defendant's disregard of risk amount to so "gross a deviation from the standard" that a law-abiding person would observe in that situation? (objective--measures conduct according to how it deviates from what reasonable people do)
The ADA requires employers withor more employees to make reasonable accommodations for disabled employees.
15 or fifteen
Title VII applies to any private sector employer with ______ or more ______ employees.
15, full-time
The FLSA outlaws the once common practice of sending school-age children to work instead of to school by imposing restrictions on hiring workers under _______ years old.
18
A patent of an invention lasts for _ years from the date of filing.
20
A validation disclosure must inform the debtor that he or she has days to dispute the debt.
30
Family and Medical Leave Act (FMLA)
A federal law enacted in 1993 that requires certain employers to give time off to employees to take care of their own or a family member's illness or to care for a newborn or adopted child.
Which of the following would not be a legitimate exercise of judicial power in the U.S. system?
A federal trial court judge, establishes precedent through his or her court decision.
mark
A(n) ______ can be renewed an unlimited number of times so long as the holder pays the registration fee.
unreasonable condition
A(n) ______ that affects a landowner's use and enjoyment of her land is a nuisance.
the true owner.
Adverse possession allows for the possessor of goods to be protected from any suit to recover the property, except against: ______.
Which of the following statements is true of affirmative action in employment?
Affirmative action includes outreach attempts to recruit minority applicants.
The term "employment discrimination" includes improper conduct in the hiring process and disciplinary actions but does not cover inequitable promotions, demotions, work schedules, or assignments.
An employer teases the employee by making an offhand comment.
Property that can be touched and physically possessed is property, and it includes real property and personal property.
Blank 1: tangible
Which state was allowed to set tougher emission standards than the federal government under the Clean Air Act?
California
Which of the following entities sets forth additional disclosure protections for home buyers throughout the mortgage process?
Consumer Financial Protection Bureau
What type of employee has rights of employment and termination included in an express agreement?
Contract employee
employee-at-will
Deep-seated common law principle that employers have the right to terminate an employee with or without advance notice and with or without just cause, subject to certain exceptions.
Actions by private individuals, businesses, and state and local governments are regulated by the NEPA.
False
If there is a written agreement between the principals to form a corporation, there is no need for the corporation to formally file articles of incorporation with the state.
False
Magnuson-Moss requires that a seller offer a warranty to buyers.
False
Which act provides for criminal punishment for changing the mile counter device in a motor vehicle?
Federal Odometer Act
The _____________ landowner defense is available for those who purchased contaminated property without knowledge of the contamination.
innocent
Which Supreme Court case is primarily used for disparate impact cases?
Griggs v Duke Power
Causation
Holding an actor accountable for the results of her conduct. Causation applies only to bad result crimes, the most prominent being criminal homicide. Prosecutors have to prove causation beyond a reasonable doubt.
The principle of is a protection of individuals from being charged with unspecified general offenses.
legality
In an equipment lease, the party with the exclusive right to possess and use the equipment during the lease term is the: ______.
lessee
permission to use property, but such permission can be revoked by the owner at any time.
license different than an easement bc of right of revocation
Which of the following are common examples of real property ownership interests? (Check all that apply)
life estate leasehold fee simple
In most situations, employees have only a ____right to privacy in their workplaces.
limited
Cities, boroughs, and townships are examples of ______ governments.
local
Federal, state, and statutes address water pollution and conservation.
local
Intent to discriminate must be proved for a disparate impact case to be successful.
Intent to discriminate must be proved for a disparate impact case to be successful.
Which of the following would fall into the category of a utility patent?
Invention of new machine
The Private Securities Litigation Reform Act of 1995 protects whom from lawsuits based on statements and forecasts contained in the prospectus?
Issuers
General Principles of Criminal Law (2)
Legality: The principle of legality is a protection of individuals from being charged with some unspecified general offense. Punishment: The principle of punishment is based on the concepts that (1) criminal law acts as a deterrent, (2) it removes dangerous criminals from the population, and (3) rehabilitation is an important part of the criminal justice system
Rachael approaches Wilmington with the idea of starting a charity soup kitchen. Wilmington donates a parcel of real estate to Rachael by providing this agreement: "I convey this parcel to Rachael for her life, and then to Wilmington Jr. in fee simple absolute. What type of ownership does Rachael have in the parcel?
Life estate.
copyrights
Literary works, dramatic works, and sound recordings are examples of works that can be protected by ______
The theory of disparate treatment is based on the _____ standard.
McDonnell Douglas standard
"But for" cause
Means if it weren't for an actor's conduct, the result wouldn't have occurred.
What is the term for a crime that has punishment of incarceration of up to one year?
Misdemeanor
The EPA's Blank______ establishes permitting procedures for businesses and individuals discharging material into a water source.
National Pollution Discharge Elimination System
replacement workers
Nonunion employees hired by a company in order to continue its operations during a strike.
Which of the following is not unlawful under the FDCPA?
Notifying the debtor of their rights
The FCPA makes which of the following types of conduct toward a foreign official illegal? (Check all that apply.)
Payments of cash Paying for entertainment Giving gifts
Sophia is renting a home from Roberto. There is no written lease, and the agreement is that Sophia will pay rent on the first of every month. Either party may terminate the agreement with 30 days' notice. Sophia has a
Periodic Tenancy
Which of the following is not part of the public domain?
Recently copyrighted material
To establish a prima facie case of disability discrimination, a plaintiff must show which of the following? (Circle all that apply)
She is a qualified individual She was subjected to unlawful discrimination She is disabled
The amendment that guarantees a speedy public trial is the
Sixth Amendment
________ has wide discretion when deciding to seek arbitration on the basis of a union member grievance.
The union
3
There are ______ stages of patent prosecution.
distinctiveness
Trademark protection is based on ___
Expressly false statements can result in breach-of-warranty lawsuits.
True
Registration of a work for copyright protection would be registered with the ___________.
U.S. Copyright Office
A mark holder must submit an application for registration of a mark to the
USPTO.
A trademark holder acquires rights through use in commerce or by registering the mark with the
USPTO.
Most state statutes define misappropriation as the term is defined in the
UTSA.
Most state statutes define misappropriation as the term is defined in the:
UTSA.
Which of the following is not a theory of discrimination under the Civil Rights Act?
Unclear opportunity
______ is intended to cover workers who lose their jobs because of economic difficulties, it is not intended to reward an employee who was terminated ______.
Unemployment compensation, for cause
Which of the following provides the definition for a trade secret?
Uniform Trade Secret Act
To help enforce one's copyright protection, the work should be registered with the
United States Copyright Office.
Swineburne owns the property in fee simple absolute and is permitted to use the property for any lawful use, including a luxury resort
WHAT IS SWINBURNE'S OWNERSHIP INTEREST? Swineburne approaches Carrol with the idea of starting a charity soup kitchen. Carrol denotes a parcel of real estate to Swineburne by providing this agreement: "I convey this parcel to Swineburne in fee simple." Swineburne uses the property to build a luxury resort hotel.
real property.
Water rights, airspace rights, subsurface rights, and the rights of use and enjoyment are typically thought of as rights associated with the ownership of:
Agreement on Trade-Related Aspects of Intellectual Property
Which of the following provides minimum requirements and standards for protecting and enforcing intellectual property rights in the international setting?
Not covered by fair use. Market effort in commercial nature of the use what excluded from the fair use defense
Which of these situations would constitute fair use? A company buys one copy of a training manual from a publisher And then distributes photocopies of several chapters to its workforce
A tort is
a civil wrong where one party has acted or failed to act in a way that causes loss to be suffered by another
The sales contract for $30,000 worth of motorcycle parts between Cycle Parts Unlimited (CPU) and Terry's Cycles Incorporated (TCI) was in electronic form only, by email and with electronic signatures of both representatives of CPU and TCI. There was no hard copy documentation or original written signatures. Under the UCC rules of contracts, this agreement is
a valid contract because the UCC recognizes electronic records and signatures as sufficient in contracts between merchants
Jadavian purchased a truck from Antonio for a fair market value of $10,000. One year later, a sheriff's deputy told Jadavian the truck had been stolen. Jadavian had no knowledge of the theft. May Jadavian keep the truck?
adavian will lose the truck because he cannot obtain good title to stolen goods.
A consent order is issued by:
an administrative agency
A representation of fact about a product is
an express warranty.
One of the Title VII remedies is ______ which is a court order to cease from engaging in a particular unlawful practice or an order compelling a party to act.
an injunction
A contract negotiated by a labor union on behalf of a group of employees is known as a ____________ bargaining agreement.
collective
After certification, the union and management will engage in ___________ to reach agreement on contract terms.
collective bargaining
A(n) ______ is an employment agreement between managers and a business entity which gives contract rights to ______ employees as well.
collective bargaining agreement, nonmanagement
Groups of employees may be covered by contracts negotiated for them by a labor union, known as: ______.
collective bargaining agreements.
Groups of employees may be covered by contracts negotiated for them by a labor union, known as: _________
collective bargaining agreements.
The legal process and safeguards given to individuals in the U.S. during criminal investigations, arrests, trials, and sentencing is known as
criminal procedure.
Kickstarter would be an example of an internet-based _______ program that asks a crowd or people to invest or donate a defined amount of money for a specific cause
crowdfunding
Even if an employer is not intentionally discriminating, ______ prohibits an employer from using a facially neutral practice that discriminates against members of a(n) ______.
disparate impact, protected class
Once the plaintiff has proven his or her prima facie case underIn some cases involving ______ treatment, the employee does not need to prove that his employer had ______ knowledge.
disparate, actual
In order to qualify for an accommodation under the ADA, the employee must have a(n): ______.
documented disability
Sounds, scents, shapes, and color combinations have been given trade ____ protection
dress
The Labor Management Relations Act prohibits requiring union membership as a condition of:
employment
t/f An employee alleging employment discrimination must first file a complaint in federal court.
false
A mark falling into the ___________ classification cannot be registered.
generic
If a union believes the company has mistreated an employee, it may file a _________ against the company.
grievance
___________ is a complaint filed by a union against the company for alleged mistreatment of a union employee.
grievance
The $75 million per spill cap on oil spill liability to responsible parties does not apply to cases of:______.
gross negligence
From least to most serious, crimes are classified as follows
infractions/misdemeanors/felonies
One who makes, uses or sells a patented invention without permission is guilty of patent _.
infringement
rule of addiction
infringement occurs if the device does more than is described in the patent application of the protected invention
A corporate __________ may not trade in the company's stock based on certain information not available to the general investor public.
insider
A(n) Blank______ seeks a return on his investment based on the value of the security, whereas a(n) Blank______ sell securities to those looking to invest.
investor, issuer
In many states, if a worker intentionally self-inflicts an injury on the job, he ______ entitled to workers' compensation.
is not
The attorney general of a state enforces _________ when it pursues violators of consumer protection laws
its statutes
what agreement is where a landlord gives a tenant a qualified right to possess and use real estate for a specified time period?
landlord-tenant (leasehold estate)
Protection against trade secret misappropriation
lasts for as long as the firm exists.
per se
latin for "by itself", standard used by courts when no additional facts are needed to prove a point
Descriptive Marks
makes specific reference to features, qualities, characteristics to the product, but not inherently distinctive. Protected under the Lanham Act unless have acquired a secondary meaning.
Emissions trading and cap and trade plans are both ________ based approaches to reducing pollutants in the air.
market
Under the ______ theory, an employee is protected under Title VII if the employee proves the protected-class membership was a ______ in the decision-making process.
mixed-motives, substantial factor
Public Domain
not protectable work under copyrights laws. Works fall into public domain either because copyright has expires or because federal or state governments publish the work.
No infringement occurs when the alleged infringing invention lacks an essential element of the patent holder's claims in the patent application. This is known as the rule of
omission
Confessions
only direct evidence of mental attitude. However, defendants rarely confess their true intentions, so proof of their state of mind usually depends on indirect (circumstantial) evidence.
State v. Loge
open container case. public health and safety notions. 5 days in jail: probation. level of knowledge or not is irrelevant, he took control of truck--> strict liability. Dissent: legislature must be clear about omitting blameworthiness. Knowledge is not a requirement of strict liability. Concurrence: -criminal conduct causing criminal harm. -if intent is formed after act, no concurrence. -has to occur/be trigger of criminal act.
The open and notorious requirement of adverse possession requires the party asserting adverse possession to intend to assert a claim of _______ of the property.
ownership
Laws of nature and natural phenomena are not patentable under the:
patentable subject matter standard.
One of the best models of ______ lending is FinTech that leverages the power of the internet to match borrowers with investors offering unsecured personal loans to one or more principals of a business venture
peer-to-peer
A retirement benefit promised by the company to employees after years of service is a(n): ______.
pension
While not required by law, employers may attract good workers by offering a(n) __________ at retirement.
pension
Darryl believed that right and wrong were established by his religious beliefs and followed the tenets of his religion in his dealings with others. This is known as a:
principles-based approach
Talia, Shemp and Lola formed a corporation under the name Dependable Health Solutions, Inc., and advertise their services nationwide. All stock is owned by Talia, Shemp and Lola as principals, and none was offered to anyone outside the corporation. This would be classified as a
privately held corporation
The ADA defines a(n) ______ as someone who, with or without reasonable accommodation, can perform the "essential functions" of a employment position.
qualified individual
If a product poses an ongoing threat to consumers, the CPSC may require the manufacture to issue a(n)
recall
The trading of already-issued securities occurs in the
secondary
A(n) _______ occurs when employees agree to walk off their jobs and stop work for a sustained period of time in order to induce their employer to agree with their position.
strike
The NLRA provides that union employees may use a ____________ or sustained work stoppage, to induce the employer to move toward their position in the bargaining.
strike
To establish a successful claim against an employer for violation of the Equal Pay Act, a plaintiff must show all of the following except
the employer has an established seniority or merit system for earnings.
Under disparate impact theory, a plaintiff must prove that
the evaluation methods used by an employer to hire employees resulted in statistically significant differences that adversely impacted members of a protected class
Gigantic Toys (GT) contracted with Destiny Distributing (DD) to deliver 5,000 kid cars to them via ground delivery. If there are no specific agreements regarding the terms of shipping between GT and DD, the reasonableness requirement of the UCC governing delivery of goods requires each of the following except
the goods must be delivered on a weekday
An employer may discipline an employee for_____so long as the employer is in compliance with the employer's general practices. (Please use one word per blank.)
misconduct
Found personal property can be characterized in all of the following ways: ______. (Check all that apply)
treasure trove lost mislaid
T/F. State antidiscrimination laws tend to cover more employers than federal antidiscrimination statutes because state laws often apply to small businesses, even those with just one employee, and have expanded protected-class membership. Group starts
true
True or false: When defining 'substantially younger' under the ADEA, many courts follow the general rule that the age difference must be at least 10 years in order to qualify as substantially younger.
true
A(n) ______ that affects a landowner's use and enjoyment of her land is a nuisance.
unreasonable condition
Enforcement authority under OSHA includes: ______.
unscheduled workplace inspections routine workplace inspections mandating warnings
In which of the following situations is a court most likely to find substantial performance?
uperior Manufacturing orders 6,000 containers of the standard industrial type of manufacturing machine oil from Industrial Supply Associates (ISA), but ISA can deliver only 5,500 containers.
Valentino patented a new and unique manufacturing process that his corporation used. This is known as a
utility patent.
Formulas are protectable
which of the following are protectable as a trade secret? the formula for a new brand of fruit drink at a beverage supply company
violates FCPA's prohibition of the after the fact (ratification) payments related to the permit application
which proposed transactions violates the FCPA? Widget co applies for a permit to do business in Venezuela. the government denies the permit so widget co hires a consultant in Venezuela who is the brother of the government official and pays a reasonable dee for services plus reimbursement of traveling expenses. when the permit is finally approved widget co executives send the consultant a case of California wine as a thank you gift
violates FCPA's prohibition of offering anything of value (a meal at a four star restaurant) with intent to obtain the permit
which proposed transactions violates the FCPA? Widgetco applies for a permit to do business in Venezuela. the government denies the permit and a widget co executive pays of r lavish meal at a four star restaurant while discussing the permit application with the official
Under the employment-at-will doctrine, an employer may terminate an at-will employee under what circumstances?
with or without just cause
A breach of contract that is not material is known as a/an
partial breach.
Under the ECPA, employers may monitor business-related telephone calls, but are not permitted to monitor ___________ calls.
personal
Wilder wants a loan for his small business. He approaches Ingalls, a banker, who agrees to give him the loan on condition that Wilder sign a personal guaranty. Under these circumstances, Wilder's
personal assets will be liable in the event he defaults on the loan.
Courts define "______" to the tipper to include not only direct financial gain but also nonfinancial benefit.
personal benefitf
Crimes that involve damage to or stealing of property are referred to as __________ Crimes
property
is a nonfactual statement commonly used in advertising.
puffery
A letter entitling an employee to file a lawsuit against an employer in federal court is known as a(n)
right-to-sue letter.
Fair use
Which of the following is the most common defense to a claim of copyright infringement?
Requests for sexual favors and unwelcome sexual favors are examples of: ______.
sexual harassment
The required period of time needed for successful adverse possession claims is usually set forth in a jurisdiction's common law or by state: _________
statute or statutes
To help define the term "copy" as it pertains to copyright laws, courts have developed the:
substantial similarity standard.
Lakes and rivers are examples of ______ water.
surface water
The Social Security system provides government benefits for: ______.
survivors disability retirement
Personal and real property are forms of ______ property.
tangible
To receive copyright protection, the work must be in _ form, such as writing, digital, video, and so forth.
tangible
Property is typically categorized as:
tangible (land or goods) and intellectual (patents, ideas)
The Do Not Call Registry was established by
the Federal Trade Commission.
Environmental protections in the United States are primarily based on
the common law doctrine of nuisance.
The proper mode of acceptance of an offer up and until the offer has been accepted is established by
the offeror
Paul, John, George and Richard decided to form a limited liability corporation (LLC) for their music business. They want to clearly define the way members share in profits and losses, receive distributions, leave the company and dissolve he company. This information would be included in
the operating agreement
easement
the privilege to use real estate owned by another transferred with property when real estate is sold to another party if on deed or public record
If employers are required by the PPACA to cover their employees with health care insurance, and choose not to: ______.
they must pay a fee to the government instead
The National Labor Relations Act (NLRA) regulations prohibit employers from using ________ of termination or demotion if employees vote for unionization.
threats
Under the TILA, failing to provide proper notice of a cancellation right extends the right to cancel
three
Under the TILA, failing to provide proper notice of a cancellation right extends the right to cancel the contract for up to ______ years.
three
open and notorious
Paying taxes on property and paying maintenance fees are examples of ____ and ___ possession.
True or false: Software simulators, often referred to as stock market games, virtual stock exchanges, or investment games, are programs/applications that reproduce some features of a live stock market so that a player can simulate a particular strategy or method and compare the performance of several different models.
True
Rachael approaches Wilmington with an idea for a charity soup kitchen. Wilmington donates a parcel of real estate to Rachael by providing this statement: "I convey this parcel to Rachael in fee simple." Rachael uses the parcel to build a luxury resort hotel. What type of ownership interest does Rachael have?
Fee simple absolute
An employee who is covered by the provisions of the FLSA is also classified as a(n) __________ employee.
nonexempt
Erica was the head of Envirolife, an environmentalist organization. On behalf of Envirolife, Erica filed a lawsuit to restrict the cutting of forests in the Pacific Northwest. This type of lawsuit is known as a
citizen suit.
he CARD Act limits the issuing of a credit card to
consumers under 21.
Original work, in order to receive copyright protection, must contain some _ _
creative element.
The Equal Pay Act requires an employer to pay ______ wages for equal work.
equal
The doctrine of _ allows courts to find patent infringement when an invention, compared with a patented device performs, substantially the same function in substantially the same way to achieve the same result.
equivalence
The Lilly Ledbetter Fair Pay Act of 2009 ensures that employees subject to wage discrimination have the opportunity to challenge:
every discriminatory paycheck received
Dilution Claim
evidence of consumer confusion is not necessary in order for the mark holder to prevail. Dilution occurs through either blurring or tarnishment
State anti-discrimination statutes differ from federal laws in that these laws:
expand protected class membership
The Patient Protection and Affordable Care Act (PPACA) requires all citizens to have a(n)
health care insurance plan
An employer may not be protected from suit if the worker's injury resulted from actions by the employer that were
intentional or willful
If an employee does the following, he is not entitled to workers' compensation laws
intentionally self inflicts an injury
Wilhelm has taken out a private loan from Community Home Bank (CHB). Credit was extended to him based on the fact that he had paid his loans off in the past, made a high income and was considered a good credit risk. CHB required no collateral. CHB is known as a/an
unsecured creditor.
Which of the following is used to separate and keep apart commercial, residential, and industrial properties?
zoning
All of the following are real property ownership interests except: ______.
riparian
covered (nonexempt) employees
Employees who are protected by the FLSA and other statutes.
public domain
If a copyright has expired, works fall into the _______
Work in _ domain is not protectable under copyright laws?
Public domain
The primary antifraud provision of the '34 Act is: ______.
Section 10 (b).
United Nations
The International Court of Justice is the judicial branch of the ______
The NLRA requires both parties to engage in ______.
good faith negotiations
As a condition of using authorization cards, employees must demonstrate:
a wish to form a local union
As it relates to personal property, title is thought of as a: ______.
bundle of rights.
During and immediately after the investigation, the EEOC is required by statute to engage in: ______.
conciliation negotiations
OSHA regulations apply to all ______.
private employers
Securities laws are designed to
promote full disclosure to investors.
blurring; tarnishment
Trademark dilution occurs either through ______ or _____
The relationship between ethics and law is that
All of the answer choices are correct
English
Most common law systems are based on _____ common law principles.
Which of the following cannot be used as a bona fide occupational qualification
Race
express or implied
Warranties can be
The RIAA enforces:
copyright laws
Which of the following statements about organizational ethical systems is true?
Informal value systems standing alone may be too vague and impractical
infringement
One who makes, uses or sells a patented invention without permission is guilty of patent ______
With regard to the SOX Act, officers who certify a required financial report filing knowing that the report is either inaccurate or was not subject to required controls before the certification are subject to criminal penalties of up to __________ in fines and __________ year(s) of incarceration.
$1 million; 10
proceedings are typically invoked to enforce the power of eminent domain.
Blank 1: Condemnation
Which of the following is regulated by the Toxic Substances Control Act?
Acid
What is the term for when the trier of fact in a criminal case finds a defendant not guilty?
Acquittal
What is the Latin term for the physical act that is required in order to fulfill the elements of a crime?
Actus reus
What are the two primary roles of the judiciary in the U.S. system?
Adjudicate cases and perform judicial review
Which of the following are phases of the criminal justice system? (Check all that apply.)
Adjudication Investigation
Grady formed a sole proprietorship, Grady's Auto Paint Specialties (GAPS). Grady takes Professor Carmichael's advice and forms a Single Member LLC for liability protection purposes. He names the Company GAPS, LLC and files for a fictitious name, Grady's Auto Paint Specialties. GAPS LLC enters into a contract with Redding to touch up the original paint on his rare collectible Ferrari. Grady negligently ruined the original paint job, reducing the value of the car by $100,000. Redding is suing Grady for the full amount. GAPS has only $60,000 in total assets. Assuming he wins his case and gets a judgment for the full $100,000, what amount can Redding collect?
B. $60,000 because Grady was operating within the scope of the business purposes of his LLC.
protection is granted if the work is original, creative, and fixed in a durable medium.
Blank 1: Copyright
______discrimination includes discrimination in the hiring process, disciplinary action, and overall employee treatment.
Blank 1: Employment
A patent of an invention lasts for years from the date of filing.
Blank 1: 20 or twenty
law is designed to compensate the injured for damages resulting from conduct of another.
Blank 1: Civil
public
Building public highways and public hospitals are examples of ______ use.
The TAQ program requires that motor vehicle manufacturers obtain a Certificate of ______ from the EPA that certifies a car's useful life is at least ten years or 100,000 miles for passenger cars.
Conformity
cure
CISG provides that the seller has the right to _______ a delivery of nonconforming goods, even if the time for performance is past due.
What federal law requires employers to continue to make available health insurance to employees to purchase for themselves, after the employees leave the company?
COBRA
___________ has stricter miles per gallon requirements than the federal government.
California
As a tool of picketing, unions may do the following:
Call on public boycotts of employer's products
_________ suit provisions allow private individuals the authority to file lawsuits based on violations of environmental laws
Citizen
Roman
Civil law systems are mostly influenced by ______ law.
Civil Law (as opposed to criminal statutes
Civil laws are designed to compensate parties (including businesses) for damages as a result of another's conduct. Not mutually exclusive from criminal law, ex: OJ
a sale
Commercial real estate is usually transferred by: ______.
Conspiracy
Conspiracy requires a specific intent to achieve the object of the conspiracy, but does not require that the act actually be carried out.
The Truth in Lending Act is part of the
Consumer Credit Protection Act.
Which of the following is a life estate with a restriction attached?
Life estate defeasible
Shirley owned a lion which she kept on a thick chain in her backyard. She took several precautions to protect people in the neighborhood, including building a high fence around her yard and putting up several signs that said "Beware of lion. No trespassing." In spite of the precautions she took, Darby managed to climb the high fence, ignored the signs and jumped into her backyard. Darby was mauled by the lion and managed to escape with serious injuries. Darby sued Shirley for his injuries. What is the likely result?
Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal
Which of the following statements is correct about the bait and switch sales tactic?
Government authorities have gotten more aggressive about investigating such claims.
Failure-of-proof defense
Defendants usually present some evidence that the mistake raises a reasonable doubt about the formation of a mental element required for criminal liability.
What is the term for a criminal defense in which a defendant states that they should not be convicted of a crime because they had drank so much alcohol that they could not have created an appropriate criminal mind set?
Defense of intoxication
______ occurs when an employer intentionally treats an employee (or potential employee) differently based on her membership in a(n) ______.n) ______.
Disparate impact, protected class
What is the term for the concealment of financial records to perpetrate theft?
Embezzlement
_____________ is the fraudulent concealment of financial records to perpetrate theft.
Embezzlement
Which of the following are true about the restrictions for child workers?
Employees aged 14 and 15 shall work only limited hours during school days in nonhazardous jobs. Employees aged younger than 14 may only work in selling/delivering newspapers.
An appropriate use for picketing would be
Encouraging management to negotiate
Rachael approaches Wilmington with the request that Wilmington allow Rachael to have the use of the driveway of a commercial office building owned by Wilmington, which is on a parcel of land adjacent to Rachael's charity soup kitchen. The driveway would allow easier access for trucks delivering supplies to the soup kitchen. Wilmington executes and records a new deed with the statement: "On the parcel of my commercial office building, I convey an easement for the use of the driveway to Rachael." Wilmington subsequently sells the property to Flint. Flint informs Rachael that she may no longer use the driveway. What type of ownership interest does Rachael have in the driveway?
Express easement.
Which of the following is considered the primary enforcer of federal consumer debt collection statutes?
FTC
Social Security is what type of retirement program?
Federal government, paid for by taxes on employers and employees
simple would be an example of a real property ownership interest.
Fee
Which of the following is considered the highest level of real property ownership?
Fee simple
Harris v. State
Harris argued he was voluntarily intoxicated, "blacked out," and carjacked a vehicle (unlawful taking of a motor vehicle and second-degree assault). Court of Appeals held that the carjacking is not a specific intent crime and affirmed the trial court's conviction.
The mixed motives theory of Title VII discrimination is also referred to as the:
Hopkins standard.
commonality is where multiple investors have a common expectation of profit in an investment
Horizontal
It requires no formal registration.
How is trade secret protection different from other forms of intellectual property?
The ______ test provides the complete definition of a security
Howey
bailor
In a bailment relationship, the owner of the personal property is the: ______.
Burden of Proof (civil vs. criminal)
In a civil case, plaintiffs need only to prove that the defendant had committed a civil wrong by a preponderance of the evidence: 50.1% he did it, the families can recover In criminal cases, where the stakes may involve an individual's liberty, the standard of proof is much higher; the government must prove their case beyond a reasonable doubt: you cant say for sure that he did it, even if most people think he did
real
Land and the structures attached to it are _____ property
Which of the following works to combat the confusion of customers by preventing competitors from getting a "free ride" at the expense of a more famous brand?
Lanham Act
Judicial review is best represented by which of the following hypotheticals?
Laura, a federal appellate court judge, is researching the language of a statute to determine if it is unconstitutional
Which of the following are federal statutes designed to protect wildlife?
Marine Mammal Protection Act
descriptive
Marks that require no leap of imagination to connect to the product are called ______ marks
distinctive
Marks that suggest the product or service without literally describing it are considered highly _____
Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant?
Modern Pharmaceuticals maintains a website that provides customers information about its products, as well as email addresses and phone numbers for regional sales representatives from whom customers can purchase products
Management at Bargain Palace Incorporated (BPI) want to monitor employee activities to prevent industrial espionage. Which of the following may BPI do under the Federal Communications Privacy Act?
Monitor business calls
World War II.
Most modern-day treaties were created after ______
UTSA
Most state statutes define misappropriation as the term is defined in the _______
omission
No infringement occurs when the alleged infringing invention lacks an essential element of the patent holder's claims in the patent application. This is known as the rule of ______
Protection of employees through the prevention of workplace injuries is addressed by the
Occupational Safety and Health Act
individuals
Private international law addresses the regulation of private ______ and business entities.
tangible and intellectual.
Property is typically categorized as:
genericide
Rights are lost through ______ when a word becomes too generic to the point where it has lost its distinctiveness,
Which of the following items would not be considered tangible and movable under the UCC Article 2?
Rights to a patent
riparian
Rights to streams, lakes, and groundwater are examples of ______ rights.
airspace
Rights to the space above one's property are referred to as ____ rights
Silvia has been working full time for a large corporation for three years. Her mother has fallen ill and will need continuous care for the next few months. Silvia's employer grants her two months of medical leave. Under the Family and Medical Leave Act (FMLA), which of the following is true?
Silvia must be immediately reinstated at the same rate of pay when she returns.
A mark is considered which of the following if imagination, thought, and perception are required to understand how it is tied to the underlying product or service?
Suggestive
The Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is commonly called the _________
Superfund
What is the primary penalty for RICO that defendant could face?
The defendant's assets could be seized if it can be proved that they were obtained illegally.
Which of the following sources of law deals with the manufacturing, disposal and use of chemical compounds?
Toxic Substances Control Act
fails to take reasonable steps to keep the information secret
Trade secret protection is lost if the owner:
______ of the Civil Rights Act of 1964 requires both women and men to be treated the same.
Title VII
foreign official
Under the FCPA, any officer or employee of a foreign government or any department, agency or instrumentality thereof is a __________.
commercially
Under the UCC, payment may be made in any __________ reasonable form.
Lanham
Under the _____ Act, more distinctive marks are provided with greater protection.
Police power
Which of the following constitutional provisions gives local governments the power to pass ordinances?
Design patents
Which of the following covers the invention of new ornamental designs for manufacture?
Patent
Which of the following creates a monopoly right that allows an inventor the exclusive entitlement to make, use, license, and sell an invention for a limited period of time?
Mixed legal system
Which of the following describes a legal system where a combination of traditional legal systems are used?
Lease
Which of the following describes the relationship where the owner of personal property gives the leasing party the exclusive right to possession and use of the personal property in question for a fixed period of time?
Revocation
Which of the following distinguishes an easement from a license?
Leasehold estate
Which of the following offers the least amount of rights because it allows only a qualified right to use real property in an exclusive manner for a limited period of time?
Design
Which of the following patents are intended to protect inventors for any new, original, and ornamental design for an article of manufacture?
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Which of the following provides for widespread enforcement of an international arbitration award in many major countries?
World Trade Organization
Which of the following was established in part to have some authority over trade barrier disputes?
llie, a 24-year-old graduate accounting student, entered into a written agreement with her father to give up drinking until she completed her master's degree. Her father agreed to pay her $100,000 if she did so. Does Allie have a right to collect if she lives up to her end of the bargain?
Yes, because this is a bargained-for exchange and has adequate consideration.
Islamic
______ law is the most widely used religious-based legal system in the world.
Service
______ marks are used to identify business services.
Suppose Dwayne tosses an old cell phone charger in the trashcan that is waiting to be picked up in front of his home. Tom, who is looking for valuables in the neighborhood garbage, finds the charger. In this scenario, the cell phone charger would be characterized as ______.
abandoned
The partners of a limited liability partnership owe __________ duties to the other members of an LLP.
absolute
The primary requirements for workers' compensation benefits are that the injury was_______and occurred within the course of employment.
accidental or unintentional
The ADA requires employers to make a reasonable ______ for a disabled employee in the workplace so long as the accommodations do not cause the employer a(n) undue ______.
accommodation, hardship
In a bailment relationship, a duty of care and a duty to act reasonably in protecting the property is owed by the: ______.
bailee (temp holder)
An employer under the Americans with Disabilities Act (ADA) _____ test a female prospective employee for pregnancy.
cannot
If an employee is injured intentionally on the job, the employee _______ avail himself of the workers' compensation law.
cannot
The Occupational Safety and Health Administration has the authority to conduct both routine andIf an employee is injured intentionally on the job, the employee _______ avail himself of the workers' compensation law.
cannot
The Federal Department of Arts and Crafts has approved a new type of glue for use in collages. NEPA procedures require that an environmental assessment of this action be performed
if the environmental impact of using this glue is unknown.
Work stoppages, such as wildcat strikes, are considered:
illegal
The Securities and Exchange Commission is a
independent agency.
Stock market games allow potential investors to:
simulate buying and selling stocks
The CCPA has components that regulate credit transactions between a creditor and a borrower.
six
A business can justify employment discrimination on the basis that it is legitimately necessary to the business operations of the company.
true
There are ______ stages of patent prosecution.
3
When a group of employees wishes to form or join a union, they will need at least ______ of the employees in the bargaining unit to sign ______ cards.
30%, authorization
Which of the following would not be patentable under the patentable subject matter standard? New machine process New machine Article of manufacture Abstract ideas
Abstract ideas
The Model Penal Code provides for liability for business entities.
Blank 1: criminal
In an equipment lease, the owner of the property is the: .
Blank 1: lessor
To get protection under the Lanham Act, the holder of a descriptive mark must prove that the mark has
secondary meaning.
Property is typically categorized as:
tangible and intellectual.
This type of customer data is protectable as a trade secret because of its potential value to a competitor
which of the following are protectable as a trade secret? a list of customers complied by a firm that includes buying patters, purchaser contact info, and preferred products of each customer
This system is probably not protectable because it is something highly unique. But the basis of scheduling medical appointments is not typically protectable
which of the following are protectable as a trade secret? a system used by a medical practice for scheduling patients for a doctor's visit
Unless the process is highly unique, it is not protectable because it is based on a public source
which of the following are protectable as a trade secret? the process used by an accounting firm to draft financial statements in accordance with a generally accepted accounting principles (GAAP)
What is the name for the criminal defense where a defendant commits a crime in response to another person's threat to inflict personal injury such as threats to property or reputation?
Duress
What is the judicial doctrine of the fruit of the poisonous tree?
Evidence indirectly obtained from a violation of defendant's rights will be barred from admission.
An obstruction of justice charge must have an accompanying underlying criminal charge.
False
True or False The Fair Labor Standards Act (FLSA) provides protections for all employees - including professional and management-level employees. Group starts
False
True or false: A company that fails to comply with the '33 Act may never avoid liability.
False
True or false: All types of trade secrets are protected by either patent or copyright laws.
False
What is the term for crimes that result in punishment of incarceration of over one year?
Felonies
Which of the of following allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright owner? First in time doctrine Equal use doctrine First use doctrine First sale doctrine
First sale doctrine
The ______ was created to regulate the testing, manufacturing and distributing of foods, medications, medical devices and cosmetics.
Food and Drug Administration (FDA)
Which of the following are regulated by the TAQ Program?
Fuel economy and tailpipe emissions
reciprocity
Fundamentally, the Berne Convention agreement requires that foreigners from signatory countries must be granted protection via __________ (known as national treatment) under the copyright laws of any other member country.
What type of crimes are typically violations by corporations or individuals acting in the course of their business duties?
White-collar crime
Identify early steps in the adoption of a union at a work place.
Workers obtain signatures on at least 30% of authorization cards. The NLRB sets a date for an election to elect or reject unionization.
Which of the following are addressed by federal and state laws concerning the relationship between employers and employees?
Working conditions Unionization Child labor
What is the name for the petition to the U.S. Supreme Court to request that the court review a case, and roughly what percentage of cases does the Supreme Court agree to hear each year?
Writ of certiorari, 1 percent
First
The _______ Amendment prevents government regulators from denying mark registration because the mark is likely to offend others.
collective bargaining
The process of negotiating terms and conditions of employment for employees in the collective bargaining unit.
Which of the following is true in relation to law enforcement searching the contents of a cell phone.
The search incident to arrest exception does not allow law enforcement officers to lawfully search the contents of a cell phone. Cell phones are generally protected under the Fourth Amendment and law enforcement should get a search warrant to look at a cell phone.
Flick entered into an oral agreement with Ralphie where he agreed to sneak out at night and spray paint graffiti on the walls of Warren G. Harding Elementary School in consideration of $25. The two negotiated over the price and Flick finally agreed to do it when Ralphie "double dog dared" him. With respect to the laws of contracts, which type of contract is this?
This is an express, bilateral and void contract
Which of the following laws protects against sexual harassment?
Title VII
Tamelin was a shareholder of Low Country Incorporated, a corporation. Which of the following is a right that Tamelin has?
To elect and remove directors if she has consent of the majority of shareholders.
adverse
To gain title to a parcel of land through _____ possession, the one claiming title must have occupied the property for a certain period of time.
secondary meaning.
To get protection under the Lanham Act, the holder of a descriptive mark must prove that the mark has _________
substantial similarity standard.
To help define the term "copy" as it pertains to copyright laws, courts have developed the ________
Capitalization refers to how the business will fund its operations.
True
Car performance standards are regulated by the EPA.
True
Courts have been very reluctant to extend reasonable expectations of privacy rights to the workplace.
True
Rule 10(b)(5) of the 34 Act is aggressively used by the SEC in terms of insider-trading enforcement.
True
Superfund requires that all states have emergency procedures in place in the event of a chemical spill.
True
The Economic Espionage Act is a federal statute that provides criminal penalties for domestic and foreign theft of trade secrets.
True
True or false: The records of a corporation are not subject to the protection of the Fifth Amendment's right against self-incrimination.
True
Under Sarbanes Oxley CEOs and CFOs are required to certify financial statements and can face criminal penalties if the statements are fraudulent
True
t
True or false: Subsurface rights can be separated from the landowner's rights and sold to a third party.
aesthetics
Using the transformative factor, the courts will look at ______ to see if the new work infringes on the copyrighted work.
patented
Using the word "patent" or placing the patent number on a particular article are ways to inform users that an article is _______
Which of the following covers the invention of a new process, machine or article of manufacture? Service patent Copyright patent Utility patent Plant patent
Utility patent
What would account for circumstances where a court would most likely find that the fair use doctrine will not be a sufficient defense for copyright infringement?
Value of the copyrighted work is diminished by the use
The historical concept that permits employers to fire employees without notice or cause is known as:
at-will employment
The implied warranty of merchantability applies to every sale of a product where
the seller is a merchant.
Adverse possession allows for the possessor of goods to be protected from any suit to recover the property, except against: ______
the true owner.
Novelty standard of patent
three-prong test: 1. public use test (requires that the invention/process not already be in public use) 2. priority for inventors of the same invention. The U.S. has the first inventor-to-file rule 3. determination by the USPTO that the applicant filed the patent within a reasonable time of the invention
legal term for ownership rights in property is a
title (& the right to any income stream generated by property & rights to sell, lease or prohibit another from using property)
Protection for a product's shape or the color of its packaging is called:
trade dress
Protection for a product's shape or the color of its packaging is called
trade dress.
Information or articles that are to be kept secret because of their particular value are _ _.
trade secrets
A word, phrase, name, shape, and/or symbol that helps consumers to distinguish one product from another is a
trademark.
Isadora was the chief financial officer of Big Band Incorporated (BBI), a publicly traded corporation. She knew that BBI was about to announce record earnings for the year, a fact not yet made public, so she purchased 1,000 shares of BBI stock before the earnings were made public. One week later when the earnings were made public, BBI stock increased in value $10 per share and Isadora immediately sold her newly purchased shares and made $10,000. Isadora has committed
traditional insider trading.
The Magnuson-Moss Act does not apply to
transactions between two merchants.
The and switch is considered a deceptive sales tactic.
bait
Dixon is on trial for embezzlement, a crime. For her to be proven guilty, her guilt must be proved
beyond a reasonable doubt.
Trademark dilution through _ occurs when the distinctive quality of a mark is identified with goods that are not alike.
blurring
The FCPA is a federal criminal statute that principally is used to prevent corporate __________ of foreign officials in business transactions.
bribery
The ______ test is a defense used by an employer to rebut a disparate impact claim when a certain practice or procedure has impacted a particular protected class.
business necessity
A _______________ order is issued by an administrative agency and entails the imposition of a remedy
consent
A holder of a mark has the ______ right to use the mark.
exclusive
Trade secret protection is lost if the owner:
fails to take reasonable steps to keep the information secret
Reasonable educational use of copyrighted material is usually recognized under the defense of _ use.
fair
Copyright owners do not enjoy unlimited rights to their work; rather, the law balances public interests with the property rights of copyright owners. The most common and powerful defense to a copyright infringement claim is _ _.
fair use
Copyright owners do not enjoy unlimited rights to their work; rather, the law balances public interests with the property rights of copyright owners. The most common and powerful defense to a copyright infringement claim is _____ _____
fair use
Reasonable educational use of copyrighted material is usually recognized under the defense of
fair use.
The Whistleblower Protection Act of 1989 protects ____________ employees.
federal
Any time a credit report is used in a credit-making decision, the consumer has a the right to obtain the report
free of charge.
If evidence is indirectly obtained due to a defendant's rights being violated, then the evidence will be barred from being admitted due to the doctrine of the
fruit or fruits
The Fair Labor Standards Act (FLSA) does NOT regulate _____.
gender discrimination
In Oncale v. Sundowner the Supreme court held that Title VII was
gender-neutral
In Oncale v. Sundowner the Supreme court held that Title VII was: ______.
gender-neutral
Fiduciary duties are the duties that
general partners owe to ensure they are acting in the best interest of the partnership.
Most employment contracts provide that employees may only be terminated for _____________ cause.
good
The major exception to the fruit of the poisonous tree doctrine is called the ____________ faith exception, which provides that evidence will be admissible if the violation of defendant's rights and collection of the evidence was done in good faith.
good
Workplace-related discrimination in which of the following areas does the term employment discrimination include? (Check all that apply)
hiring process promotions and demotions
LaStarla was competing in a beauty pageant and was offended when Tracee, a fellow competitor, told her that she looked like a blimp in her evening gown. LaStarla flew into a rage and smashed her crown on top of Tracee's head, unfortunately killing her. The state of mind LaStarla had at the time of the killing is known as the
mens rea.
Patents will not be given for an invention that is obvious under the ______ standard.
nonobviousness
A patent will not be given for a relatively obvious improvement under the ___________ standard
nonobviousness or nonobvious
Offering to a limited number of sophisticated investors who have a prior business relationship with the issuer is a(n): ______.
nonpublic offering.
When employees strike, employers may hire ____________ workers in order to keep the facility open and operating.
nonunion replacement
The discovery of protected information through independent research is:
not misappropriation.
In a trademark dilution case, evidence of consumer confusion is
not necessary in order for the mark holder to recover.
A(n) ______ promise may create a(n) ______ contract if a reasonable person would believe the promise protects the employee from unjust termination.
oral, implied
After working 40 hours in a seven-day period, the FLSA states that employees are entitled to ______ compensation.
overtime
The Fair Labor Standards Act (FLSA) includes:
payment of a minimum wage provisions for overtime pay a maximum 40-hour work week
Strikers who picket the employer's facilities can do the following
peacefully march outside employer's facilities
Affirmative action as it is understood today includes which of the following
pecial training programs Reevaluation of the effect of selection criteria
Airspace rights are a form of ______ rights.
real property
t/f A business can justify employment discrimination on the basis that it is legitimately necessary to the business operations of the company.
true
Title VII applies to labor unions, employment agencies, state and local governments as well as private sector employers with Blank______ or more full-time employees.
15
A patent of invention duration
20 years from the date of filing
In 2018, employers that offer high-end health care plans (plans that cost more than $________ per year) to their employees are required to pay an additional tax based on the total cost of the plan.
27,500
State v. Stark
2nd degree assault with intent to inflict bodily harm--Stark is exposing people to HIV and knows he has it. Intent to inflict to bodily harm. Court affirms convictions.
If a mark is no longer used in commerce for _ years, the rights are lost through abandonment.
3
Federal Unemployment Tax Act (FUTA)
A federal law enacted in 1935 that established a state-administered fund to provide payments to workers who have suffered sudden job loss; funded through employment taxes shared by employer and employee.
National Labor Relations Act (NLRA)
A federal law enacted in 1935 that provides general protections for the rights of workers to organize, engage in collective bargaining, and take part in strikes and other forms of concerted activity in support of their demands. Also known as the Wagner Act.
exclusive
A titleholder of personal property typically has _______ use of the personal property.
USPTO
A trademark holder acquires rights through use in commerce or by registering the mark with the ______
distinctive
A trademark that identifies the source of a particular product is said to be ______
National Labor Relations Board (NLRB)
An independent federal agency created by the NLRA and charged with administering, implementing, and enforcing NLRA provisions, as well as monitoring union elections for fraud and setting guidelines for employers and unions in regard to fair labor practices.
What is the term for a scheme to pay a government official in order to obtain favorable treatment?
Bribery
review
Common law jurisdictions adhere to the concept of judicial __________, whereby a court may strike down a law passed by the legislature if the law is found to violate some other overriding principle of law (such as the United States Constitution).
Partners in an LLP may choose to have LLP income taxed as a corporation.
False
The Bankruptcy Court cannot force creditors to agree to a reorganization plan even if it is fair, equitable, and feasible.
False
The U.S. Constitution requires that all state court judges be appointed by the state's governor and approved by the approval of the state's legislature
False
True or false: In order to obtain copyright protection, the work must be registered with the United States Copyright Office.
False
True or false: Reverse engineering of a product constitutes misappropriation of a trade secret.
False
True or false: The ADA only applies to employers with more than fifty (50) or more employees.
False
Which of the following was created to prevent unfair and deceptive trade acts and practices?
Federal Trade Commission
Which of the following is considered one of the first statutory protections for American consumers?
Federal Trade Commission Act
Which of the of following allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright owner?
First sale doctrine
Under the FCPA, any officer or employee of a(n) foreign government, regardless of rank, is considered a(n) _____________ official
Foreign
Which amendment to the U.S. Constitution protects from unreasonable searches and only permits warrants to be issued if there is probable cause?
Fourth
Expectation of Privacy
Fourth Amendment protections apply only when an individual's reasonable expectation of privacy has been violated by government authorities (e.g., the warrantless search of a house).
Affirmative action in employment began during World War II when President ______ issued an executive order banning racial, religious, and gender discrimination in the defense industry.
Franklin D Roosevelt
What is the term for a transaction where one party makes false representations as a matter of fact that is intended to deceive the other party?
Fraud
An owner of a mark is called the
holder
In the UCC, good faith is defined as
honesty in fact in the conduct or transaction concerned
Permanent structures built on real property are known as: ______.
improvements
Unfair _________ practices are those deemed illegal by the NLRA.
labor
Collective bargaining agreements are negotiated between:
labor unions and employers
The UCC defines a(n) as one who is regularly engaged in the sale of a particular product.
merchant
Once a trademark is registered, the holder has rights
nationwide.
In a personal benefit case, the burden is on the government to show that potential gain was a(n) ______ benefit.
objective
The employees of the RockSolid Furniture Company want to organize and form a collective bargaining unit. According to the procedure set by the National Labor Relations Act (NLRA), the first step they need to take to form a labor union is to _____.
obtain authorization cards
Dilution by tarnishment
occurs when an association arising from the similarity between a mark or trade name and a famous mark harms the reputation of the famous mark with something that a consumer might find objectionable or unflattering
An act by Blank______ occurs when a crime is defined in terms of failure to act.
omission
An essential function that a qualified individual can perform includes:
performance of fundamental job duties
Private employers are generally prohibited from using __________ tests except to investigate theft or economic losses.
polygraph
trade dress
product's distinctive design, packaging, color etc that makes it unique from other products/goods.
In the ______ case, the Supreme Court recognized that certain evaluation techniques for employee selection could be administered uniformly to all candidates but still constitute a(n) ______ against certain protected-class members.
Griggs v Duke Power Co., built-in headwinds
Casey is considering loaning money to Dorrine by a written and dated agreement. She wants to increase the likelihood that she will be high in priority for receiving money as repayment should Dorrine ever declare bankruptcy. Which of the following should Casey do?
Have Dorrine put up some property as collateral under the agreement and take possession of it.
The Labor Management Relations Act: __________.
prohibits requiring union membership as a condition of employment
Which of the following are often considered when determining whether an employee is exempt or nonexempt from the FLSA?
The education or skill of employees The wage of workers
What limits are placed on the worker receiving workers' compensation for a work-related injury or illness?
The employee may not pursue a negligence lawsuit against the employer.
Under the Faragher/Ellerth cases, which of the following is true?
The employer must prove the employee failed to take advantage of the preventative or corrective opportunities that were provided.
True or false: If a transaction is covered by the Magnuson-Moss Act, a seller may not disclaim any implied warranties.
True
True or false: Individuals benefit from a higher expectation of privacy in their homes than in a public place.
True
True or false: Laws prohibiting sexual harassment apply to same-sex harassment.
True
In the 1998 Faragher and Ellerth cases, the U.S. Supreme Court that an employer could be vicariously liable for ______ when a(n) ______ is the harasser.
sexual harassment, nonsupervisory co-worker
Fran was walking down the sidewalk when she was approached by Sherm, who held a gun to her head and threatened to shoot her if she did not break into a car and steal a computer he saw inside. Fran did so and was arrested when her fingerprints were later found on the car. Under these circumstances, Fran has
the defense of duress.
Once the plaintiff has proven his or her prima facie case under the McDonnell Douglas standard, the burden of proof shifts to: ______.
the employer
local
Which level of government is generally responsible for zoning ordinances?
EXW
Which of the following INCO abbreviations means that the seller will not deliver or transport the goods?
Leticia was in a conference room being questioned by an attorney. The only other person in the room was a person from the court making a written record. Which of the following is this?
a deposition
In order to qualify for an accommodation under the Americans with Disabilities Act, employees must have
a documented disability
______ at-will employment practices may be displaced by federal and state statutes.
common law
Under ECPA, employers may only monitor employees' personal phone calls with the _________ of the employees.
consent or permission
Under ECPA, employers may only monitor employees' personal phone calls with the_______of the employees
consent or permission
The is the party extending credit.
creditor
Misrepresenting the prices of a competitor is a common example of _____________ advertising as it relates to prices.
deceptive, unfair, or false
Warranties can be
express or implied
There are no _____________common law crimes.
federal
The Supremacy Clause holds that
federal law trumps state law if there is a conflict
Which of the following is the major piece of legislation dealing with water quality standards?
Clean Water Act
One intellectual property law firm estimated that legal fees and application fees related to obtaining a patent ranged from _______ to ________.
$20,000, $30,000
overtime compensation
A higher rate of pay for the hours that nonexempt employees work in excess of 40 hours in one seven-day workweek; calculated at one and one-half times the employee's hourly base rate.
Criminal only requires that intent be proven, not that the act was actually carried out.
Blank 1: conspiracy
Indirect infringement is also known as contributaryBlank 1Blank 1 contributary , Correct Unavailable infringement.
Blank 1: contributory
Rights are lost through when a word becomes too generic to the point where it has lost its distinctiveness,
Blank 1: genericide
One who makes, uses or sells a patented invention without permission is guilty of patent .
Blank 1: infringement
One who actively induces infringement of a patent is considered a(n
Blank 1: infringer
In order to assert the defense of voluntary , the defendant is only excused if the defendant was so intoxicated that he could not form the requisite mental intent (guilty mind) to have criminal culpability.
Blank 1: intoxication
In a landlord-tenant agreement, the landlord gives the tenant a qualified right to possess and use the real estate for a specified period of years that is often spelled out in a written .
Blank 1: lease
The doctrine of equivalence came about due to the abuse of the rule of
Blank 1: omission
Police do not violate the Fourth Amendment when they view evidence in view, and the officer has a right to be in a position to view the evidence.
Blank 1: plain
All of the following are examples of sources of Florida law except
English Common law after 1776
Intervening Cause
Facts in addition to the cause
lasts for as long as the firm exists.
Protection against trade secret misappropriation ______
Using bold print and capital letters are common ways to a warranty
disclaim
When a union chooses not to file a grievance, the affected employee: ______.
generally cannot sue the company
Rights are lost through _____ when a word becomes too generic to the point where it has lost its distinctiveness,
genericide
Diversity of citizenship jurisdiction involves a case
in federal court with diverse parties and a controversy over $75,000
The 10b-5 is perhaps best known for its use by the SEC in prosecuting ______ cases.
insider-trading
Section 16 of the '34 Act was primarily designed to regulate:
insiders
Under Section 16 of the '34 Act, an executive officer, a director, and a shareholder holding ten percent or more of a company's total stock are examples of: ______.
insiders.
Copyright protection is a(n)
intangible right.
When dealing with a claim under the ADA, the employer: ______.
is not required to provide accommodations that create an undue hardship
license
is permission to use property, but such permission can be revoked by the owner at any time.
State v. Jantzi
is this knowing assault? knowing is almost intent but it is not the result of what he wants. this was reckless. practically certain that harm will occur.
The Federal Unemployment Tax Act, or FUTA, provides benefits for employees who have lost their:
job
In a disparate treatment discrimination claim, the existence of a pretext is a question of fact for the ______ to decide.
jury
An employer may shut down the business, or _________ the employees, in anticipation of a strike in order to put economic pressure on the union to negotiate.
lockout
A business method may be patentable so long as it accomplishes a useful purpose in a(n) _ and nonobvious way.
novel
A business method may be patentable so long as it accomplishes a useful purpose in a(n) ______ and nonobvious way.
novel
In order to be granted a patent, the _ standard requires that an invention or patent be unique and original and that no other identical invention or process exists.
novelty
The purpose of the Securities Act of 1933 is to:
promote the disclosure of investment information.
The SEC-prescribed document that is intended to give investors a realistic view of the security issuer's risk factors, financial position, financial statements, business and disclosures is known as the
prospectus.
The fundamental rationale behind securities regulation is to
protect investors and ensure public confidence in the integrity of the securities market.
The Equal Employment Opportunity Commission (EEOC) is an administrative agency that carries out federal workplace antidiscrimination laws by doing all of the following, except
pursuing every employee complaint that is properly filed.
Land and structures, plant life, and the vegetation attached to it are classified as ______ property.
real
To prevent the loss of trade secret protection an owner must take _ steps to keep the information secret.
reasonable
Economic incentive theory focuses on reducing pollution by giving businesses: ______.
a competitive incentive to invest in modern equipment and devices.
variance
a(n) _____ is an exception to a zoning ordinance.
good faith
a(n) __________ purchaser is one who purchases personal property without knowledge that the property was stolen.
Open and notorious possession that is visible and exclusive and for a continuous period of set time is ______ possession.
adverse
When a court decides a case with facts and issues similar to a case already decided, the doctrine of ______ ______ holds the outcome in the new case should also be similar.
stare decisis
A mark that has no direct connection to the service or product is categorized as ____
arbitrary or fanciful.
A mark that has no direct connection to the service or product is categorized as:
arbitrary or fanciful.
A patent infringer acting in bad faith may have to pay the prevailing party's _ fees.
attorney
An original work of authorship is a work that is original to the _.
author.
Recent proposals to change the unionization process may include: ______.
certifying a union if over 50% of the employees sign authorization cards certifying on the basis of public cards rather than secret ballots
The Sierra Club and the Natural Resources Defense Council are examples of: ______.
citizen interest organizations
Honoring ethical values and respecting communities and the environment while recognizing the interests of shareholders are elements of corporate citizenship
True
If the government and private property owner cannot agree on the sales terms regarding real estate, the government will institute ______ proceedings.
condemnation
A ___________ order is issued by an administrative agency and entails the imposition of a remedy
consent
Patent applicants often rely on trade secret laws to protect their inventions while patent applications are in progress.
True
Employees accrue ______ throughout their working life that are used to determine the level of Social Security retirement benefits they will receive.
credits
Preferred stock may be
voting or nonvoting.
Which of the following makes it unlawful to discriminate against employees on the basis of their age, once the employees have reached 40?
ADEA
Criminal refers to the legal process and safeguards afforded to individuals during criminal investigations, arrests, trials, and sentencing.
Blank 1: procedure, proceeding, proceedings, or procedures
Race, color, national origin, gender, and religion are classifications of___ classes
Blank 1: protected
If an employee proves that he has a covered disability, the employer should make a(n)_____accommodation to allow the employee to perform at work. Listen to the complete question
Blank 1: reasonable, acceptable, fair, or appropriate
If an employee is not able to prove that she has a disability as defined under the ADA, but she is regarded by her employer as being impaired, she still might be successful with a disability discrimination claim using the______-as test.
Blank 1: regarded, regard, or regards
States may enact ________ _______ _________ laws that prohibit requiring union membership for continuing employment.
Blank 1: right Blank 2: to Blank 3: work
Real estate and goods are examples of property.
Blank 1: tangible
The employees at your company have voted to unionize, and the NLRB has certified your bargaining unit. What happens next?
Collective bargaining with management
Which of the following was created to provide oversight and regulation of consumer lending practices?
Consumer Financial Protection Bureau
The Flammable Fabrics Act, the Child Protection and Toy Safety Act, and the Poison Prevention Packaging Act are all administered by the
Consumer Product Safety Commission.
The U.S. Department of Labor is authorized to oversee pension and retirement savings plans that corporations set up under the
Employee Retirement Income Security Act
Which piece of legislation prohibits denying an applicant credit on the basis of discrimination?
Equal Credit Opportunity Act.
The federal administrative agency charged with carrying out federal workplace antidiscrimination laws is the: ______.
Equal Employment Opportunity Commission
Which of the following makes it unlawful to pay unequal wages to men and women doing the same work?
Equal Pay Act
_____________ instruments represent an investor's ownership interests in which financial return on the investment is based on performance of the venture.
Equity
What judicial rule states that a court shall not accept evidence that was obtained as a result of a constitutional violation?
Exclusionary rule
adverse possession.
Exclusive and actual possession is a requirement of: ______.
An _ warranty is a factual statement about a good's quality or effectiveness
Express
free carrier
FCA under the CISG stands for _______.
What federal legislation makes it criminal for corporations to bribe foreign officials in business transactions?
FCPA
Drugs approved by the FDA are subject to which of the following agency's advertising regulations?
FDA
Which of the following investigates a public outbreak of illnesses associated with contaminated food?
FDA
Which of the following are considered to be the two most important disclosure requirements under Regulation Z?
Financing charge and the annual percentage rate
Ponzi Schemes
Fraudulent investment operation that pays returns to investors from their own money or money paid by subsequent investors rather than from any actual profit earned
Criminal Liability (2 parts)
From a legal perspective a crime has two parts: 1. a physical part whereby the defendant committed an act or omission, and 2. a mental part focusing on the defendant's subjective state of mind.
__________ permits cover multiple facilities within a certain category.
General or Use
real
Land and structures, plant life, and the vegetation attached to it are classified as ______ property.
The federal law passed to prevent workplace injuries is: ______.
OSHA
Which of the following is not part of the public domain? Court cases Recently copyrighted material Statutes Government agency correspondence
Recently copyrighted material
Individuals who engage in Illegal file sharing have been pursued by the
Recording Industry Association of America.
misappropriation
The use of a trade secret by one who knows or has reason to know that the secret was acquired by improper means is
True or false: State antidiscrimination statutes sometimes differ substantially from federal laws.
True
The ______ test is the broadest defense to employment discrimination and is used when a business can justify discrimination on the basis that it is legitimately necessary to the business operations of the company.
business necessity
BP was subjected to both civil and ________________ penalties in connection with its liability for the Deepwater Horizon oil spill.
criminal
A(n) ______ employee -- one who receives a salary in the top 10% of the company's salaries -- need not be reinstated after FMLA leave if the reinstatement would cause the company substantial economic ______.
key, injury
The use of a trade secret by one who knows or has reason to know that the secret was acquired by improper means is _
misappropriation.
If the employer's practices and procedures are set forth in a workplace publication, the U.S. Supreme Court has held that the ______ defense is extended to discoveries made after the adverse employment action.
misconduct
Copyright
protects the creative work of authors, composers, and artists
The Superfund approach to hazardous substance cleanup includes removal and ______.
remediation
Injunctions, reinstatement of employment, and back pay are examples of: ______.
remedies
Employers may hire nonunion ________ workers to take the place of union workers during a strike
replacement
The law protects employees known as whistle-blowers, who ______ within their organizations.
report statutory violations
First sale doctrine
sale doctrine allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright holder.
The element of ______ in the context of a securities fraud case means that the seller of securities either knew or believed the represented facts to be untrue.
scienter
Drug testing of employees is usually not a federal issue, but is governed by ________ law
state
The National Ambient Air Quality Standards requires _____________ legislatures to achieve air quality standards.
state
Water quality standards are established by each:
state
The Clean Air Act requires that
state governments determine the best way to achieve National Ambient Air Quality Standards.
Trade secrets are usually protected by
state statutes and state common law.
______ have adopted child labor statutes to supplement the federal law.
states
______ may set a higher minimum wage than what is established by the FSLA.
states
Patent rights are created by
statute.
The period of time personal property must be held for adverse possession purposes is set by: ______.
statute.
Exceptions to at-will employment include employees covered by express contracts or specific _______________ protection against job termination.
statutory
In the Adarand Constructors v. Pena, case the Supreme Court ruled that state and local government affirmative action plans in race-based or gender-based preferences for hiring contractors would be subject to the ______ standard.
strict scrutiny
Durable medium means that the work must
take tangible form.
An association arising from the similarity between a mark or trade name and a famous mark that harms the reputation of the famous mark with something that a consumer might find objectionable or unflattering is dilution by _
tarnishment.
The SEC's powers include all of the following except the power to
establish new federal agencies for the prosecution of securities law violations.
Marianne was a computer programmer making almost $170,000 a year at a rate of $80 an hour for Big Tech. Ginger, her boss, demanded that she work 100 hours of overtime over the next month until a large project was complete. Marianne believes she is entitled to 100 hours of overtime pay. Under the Fair Labor Standards Act, how much overtime pay is she entitled to?
$0
Which of the following are factors which courts use to analyze whether a business's information constitutes a trade secret? (Check all that apply.) Multiple select question. Value of the information to academia Progress of the patent application process for the information Measures taken to guard the confidentiality of the information Amount of money invested by the business in developing the information
-Measures taken to guard the confidentiality of the information -Amount of money invested by the business in developing the information
What are the factors which courts use to analyze whether a business's information constitutes a trade secret?
-The extent to which the information is known outside the business of the claimant (the firm claiming that the information is a trade secret). -Measures taken by the claimant to guard the confidentiality of the information. -The value of the information to competitors. -The amount invested (in terms of time and money) in developing the information. -The efforts taken to maintain trade secret confidentiality among the claimant's employees, potential investors, and third-party vendors (such as auditing firms).
Types of Crimes (2)
1. Felonies: crimes that generally carry longer terms of incarceration, will result in the stripping of certain rights 2. Misdemeanors: crimes that carry shorter terms of incarceration
The Criminal Justice System (2 phases)
1. Investigation 2. Adjudication
Mens rea is complex:
1. it is difficult to discover and then prove in court. 2. courts and legislatures have used so many vague and incomplete definitions of the mental element. 3. it consists of several mental attitudes that range across a broad spectrum, stretching all the way from purposely committing a crime you're totally aware is criminal to merely creating risks of criminal conduct or causing criminal harms--risks you're not the slightest bit aware you're creating. 4. a different mental attitude might apply to each of the elements of a crime.
Trade Secret Protection
1. no formal registration is required 2. no expiration date
Copyright
1. originality 2. creativity 3. durable medium
Fair use in Copyright Act
1. purpose and nature of use 2. amount and substantiality of material used 3. the effect of the use on the market
Two main arguments of strict liability
1. strong public interest in protecting public health and safety. 2. the penalty for strict liability offenses is almost always mild (fines, not jail time).
Trade secret is based on common law
1. the firm is claiming that info is a trade secret 2. measures taken by the claimant to guard the confidentiality of the information 3. the value of info to competitors 4. amount invested 5. efforts taken to maintain trade secret
Patent
1. utility patents - constitute a broad category that covers the invention of any new and useful process, machine, article of manufacture, or composition of matter or any new and useful improvements 2. design patents - cover the invention of new ornamental design on articles of manufacture. Looks over function 3. plant patent - invention/discovery of asexually or sexually reproductive plants (flowers)
Employers with ______ or more employees are required to maintain safety records
11
Aquilla worked as an engineer and artist for General Manufacturing, a large automobile manufacturer. She would come up with the unique look and styling of the company's line of performance cars. General Manufacturing has applied for patent protection for her styling on the cars. This patent will be valid for
14 years.
A state trial court based in a county that can only hear legal matters from within the state is considered a
A Court of General Jurisdiction
Electronic Communications Privacy Act (ECPA)
A federal law enacted in 1986 that extends legal protection against wiretapping and other forms of unauthorized interception and explicitly allows employers to monitor employee communications on company equipment as long as this is done in the ordinary course of business or the employee consents to the monitoring.
nonobviousness
A patent will not be given for a relatively obvious improvement under the _____ standard
nonobviousness
A patent will not be given for a relatively obvious improvement under the ______ standard
secondary
A(n) _____ meaning is created when the consuming public primarily associates a trademark with a particular product, rather than an alternate meaning.
Food safety processes, procedures, and standards are regulated by the ______________ ________________ ____________ ___________ (FDA).
Blank 1: Food Blank 2: and Blank 3: Drug Blank 4: Administration
The Amendment to the U.S. Constitution protects individuals from unreasonable searches.
Blank 1: Fourth, 4th, or Four
is a term that describes when one party makes false representations of a matter of fact intended to deceive another.
Blank 1: Fraud
, a Latin term which translates literally into "guilty mind," is the necessary mental state a defendant needs to be convicted of a crime.
Blank 1: Mens Blank 2: Rea
Nearly two-thirds of the states have enacted criminal codes based on the ______________________ _______________ ________________ (MPC) adopted by the American Law Institute.
Blank 1: Model Blank 2: Penal Blank 3: Code
protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.
Blank 1: Trademark
The scope of the ____________________ _______________ _______________ ______________ (TILA) is limited to credit extensions made to customers and is used primarily for personal, family or household purposes. (Please enter one word per blank.)
Blank 1: Truth Blank 2: in Blank 3: Lending Blank 4: Act
If the trier of fact, usually a jury in a criminal case, finds a defendant not guilty, then the result is a(n
Blank 1: acquittal
Profit from lost sales and royalties for any sale made by the infringer are examples of damages in patent infringement suits.
Blank 1: actual
To gain title to a parcel of land through possession, the one claiming title must have occupied the property for a certain period of time.
Blank 1: adverse
Trademark dilution occurs either through or .
Blank 1: blurring Blank 2: tarnishment or tarnishing
The records of a(n) (corporation/owner) do not qualify for the Fifth Amendment right to protection from self-incrimination.
Blank 1: corporation
White-collar usually signifies criminal violations by corporations or individuals in course of business activities.
Blank 1: crime or crimes
The elements of __________________ ________________ are (1) a false representation, (2) another party relied on the false misrepresentation, and (3) there were damages as a result of the misrepresentation.
Blank 1: criminal Blank 2: fraud
Failure to give notice of patent protection may result in the inability to collect against patent infringers.
Blank 1: damages
Fill in the blank question. Failure to give notice of patent protection may result in the inability to collect against patent infringers.
Blank 1: damages
Title to real property is usually conveyed through a(n): .
Blank 1: deed
A fee simple is a fee simple right with certain restrictions.
Blank 1: defeasible
Textures, shapes, and color combinations have been given trade protection.
Blank 1: dress
Under the mixed motives theory of discrimination, the____ must prove that protected-class membership substantially contributed to the adverse employment action.
Blank 1: employee, plaintiff, employees, or plaintiffs
The doctrine of allows courts to find patent infringement when an invention, compared with a patented device performs, substantially the same function in substantially the same way to achieve the same result.
Blank 1: equivalence, equivalent, or equivalency
The rule states that courts shall exclude evidence that is obtained as a result of a constitutional violation.
Blank 1: exclusionary
A titleholder of personal property typically has use of the personal property.
Blank 1: exclusive
Copyright owners do not enjoy unlimited rights to their work; rather, the law balances public interests with the property rights of copyright owners. The most common and powerful defense to a copyright infringement claim is .
Blank 1: fair Blank 2: use
The sale doctrine allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright holder.
Blank 1: first
The criminal justice system has two phases -- and .
Blank 1: investigation or investigate Blank 2: adjudication or adjudicate
The most common form of leasehold estate is the - agreement.
Blank 1: landlord or lessor Blank 2: tenant or lessee
In order to be granted a patent, the standard requires that an invention or patent be unique and original and that no other identical invention or process exists.
Blank 1: novelty
Using the word "patent" or placing the patent number on a particular article are ways to inform users that an article is .
Blank 1: patented
Mark holders must protect their rights by their marks.
Blank 1: policing
The standard of proof needed for police to arrest someone is cause.
Blank 1: probable
Proof of copied plots and structures could satisfy the standard.
Blank 1: substantial or substantially Blank 2: similarity, similarities, or similar
damages
Failure to give notice of patent protection may result in the inability to collect _____ against patent infringers.
Which of the following sets forth privacy rights for consumer credit reports?
Fair Credit Reporting Act
Which of the following legislation regulates consumer debt collection tactics?
Fair Debt Collection Practices Act
Which of the following was created to provide consumers protection when the victim of identify theft?
Fair and Accurate Credit Transactions Act
Which of the following is the most common defense to a claim of copyright infringement?
Fair use
Which of the following is prohibited by the FTC?
Fake testimonials
A life estate gives the owner more rights than a fee simple.
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 a Title VII violation.
False
Business ethics is a commitment to following the opinions of stakeholders in pursuing a course of action in business operations.
False
Courts routinely question and overturn administrative-agency decisions involving how and when an agency enforces a regulation
False
Equitable remedies are available to compensate injured parties in both civil and criminal lawsuits
False
Only property owners are liable for cleanup costs of contaminated sites under Superfund laws.
False
The Supreme Court has held that affirmative action requires absolute equality
False
Unsecured creditors may seize any asset of the borrower once they have a debt collection judgment.
False
Your school or college has just received a specialized accreditation for which a lot of work has been done. This specialized accreditation is a great achievement. If the accrediting body takes a picture from your school or college's website and publishes the picture as a thumbnail, along with a hyperlink to your school or college's website, on its site to advertise or announce the accomplishment, the accrediting body is infringing on the picture's copyright.
False
True or false: In order to obtain copyright protection, the work must be registered with the United States Copyright Office.
False Copyright protection extends automatically to the work in question once it is created and thus, registering is not required.
True or false: Registration of a mark is automatic.
False Registration of a mark is not automatic as the process must be completed and the USPTO must approve the registration.
True or false: Copyright holders have complete and exclusive rights to their protected work.
False There are limitations to a copyright holder's rights, particularly the fair use doctrine.
The Consumer Financial Protection Bureau is an independent agency housed within the:
Federal Reserve
Rachael approaches Wilmington about starting a charity soup kitchen. Wilmington donates a parcel of real estate to Rachael by providing this agreement: "I convey this parcel in fee simple to Rachael provided that it be used for charitable purposes. Which of the following best describes Rachael's ownership interest in the parcel?
Fee simple defeasible.
__________________ are crimes that carry one or more years of incarceration as the penalty.
Felonies or Felony
Which amendment to the U.S. Constitution protects defendants from being made to testify
Fifth
Under federal law, what must an employee who is alleging employment discrimination do first?
File a complaint against the employer with the local EEOC office within 180 days of the adverse job action
What federal statute sets rules that protect patient records and medical information from being disclosed to third parties?
HIPAA
Brain worked on an oil rig and was subject to frequent unwanted sexual advances from his supervisor, who was the same gender. Brian's corporation had 500 employees. Brian wants to file a lawsuit based on sexual harassment under Title VII. What result?
He can file a sexual harassment claim under Title VII because it is gender-neutral.
The ______ protects patient medical information and records from disclosure to a third party.
Health Insurance Portability and Accountability Act
contributory
Indirect infringement is also known as ______ infringement
Which of the following presented the need for Congress to pass the Consumer Product Safety Act?
Injuries and deaths caused by defective products
Which 1988 piece of legislation increased civil and criminal liability for insider trading?
Insider Trading and Securities Fraud Enforcement Act
Which of the following would fall into the category of a utility patent? Creation of a symbol that identifies a product or service Invention of new machine Creation of literary composition The purchase of a piece of machinery
Invention of new machine
Which of the following is correct of the UCC?
It applies only to agreements for the sale of goods
Which of the following is correct regarding a federal cause of action?
It gives a federal court subject matter jurisdiction It gives a plaintiff the right to sue a violator in federal court
The Securities Act of 1934 would focus on
Luke, a purchaser of common stock on a public exchange from another investor.
A neutral third party
Mediation and conciliation use which of the following to resolve a conflict?
Which of the following is not intellectual property
Military Aircraft
After a simple majority of pro-union votes,who certifies the collective bargaining unit as a union?
NLRB
Deputy Aldana stopped Lori, a college student, because he'd had experience with many college students in the past who had been in possession of drugs. After performing a pat down search of Lori, he found cocaine in her pocket. Deputy Aldana then used the drugs to justify obtaining a warrant to search Lori's dorm for more drugs, where he found a large quantity of marijuana with scales and other paraphernalia. Lori is now being tried for drug trafficking. What evidence, if any, would be admissible at trial?
Neither the marijuana nor the cocaine would be admissible at trial.
Which of the following might jeopardize the secured creditor defense under the Superfund?
Owner participation in management of the facility prior to foreclosure
Which of the following statutes was created to regulate active and future facilities that produce solid waste and/or hazardous materials?
Resource Conservation and Recovery Act
Revision or final publicationWhat is the last step in the agency rulemaking process?
Revision or final publication
subsurface
Rights to soil or minerals or oil within the soil are considered ______ rights.
intellectual property rights
The World International Property Organization creates an arbitration center for issues related to __________.
Contracts for the International Sale of Goods
The _____ exists to fill in the terms of a sale of goods contract when the parties in ratifying countries have not otherwise reached agreement.
transformative
The ______ factor allows a court to first analyze whether the work in question has added new expression or meaning to the copyrighted work.
Act Requirement
The act requirement, also called by its Latin name, actus reus, requires the government to prove that a defendant's actions objectively satisfied the elements of a particular offense ex: if the case is about murder, the actus reus is the stabbing, shooting, etc.
Kenny and Gene planned to steal Dave's custom car. The came up with a strategy to trick Dave into loaning them his keys while pretending to be valets at the restaurant Dave was planning to eat at. They put on fake valet uniforms and arrived at the restaurant, but just before carrying out their plans, Kenny and Gene change their minds and left Dave and his car alone. What crime, if any, have Kenny and Gene committed?
They are guilty of conspiracy.
Which of the following is not correct of citizen suits?
They provide a source of income for citizen watchdog groups, as they are allowed to profit from enforcement of the environmental regulations.
A statement such as: "The buyer agrees to take the table with all faults and as is" disclaims warranties.
True
In order to file a lawsuit to enforce an environmental regulation, an individual must be authorized to do so by the statute.
True
Under the Theory of Mixed Motive, an employee is protected under Title VII in a case where legitimate motives are mixed with illegitimate motives if the employee proves the protected-class membership was a substantial factor in the decision-making process.
True
Widget Co. violated the Foreign Corrupt Practices Act (FCPA), after its permit to do business in Venezuela was denied by a government official, and Widget Co. hired the government official's brother as a consultant to handle the permit process and paid the consultant $100,000 when the cost of the permit itself was $1,000. True or False?
True
Widget Co. violated the Foreign Corrupt Practices Act (FCPA), after its permit to do business in Venezuela was denied by a government official, when it hired the government official's brother as consultant to handle the permit process and paid the consultant a reasonable fee but also paid for reimbursements, submitted by handwritten note, which totalled $100,000. True or false?
True
Which of the following are not exempt from the Do Not Call Act's requirements?
Unsolicited telemarketer phone calls
2A
Which UCC article governs leases for personal property?
Probably not fair use. The market effect would determine this question, But the commercial nature and the Fact that it is the entire DVD Woodway against fair use as a defense
Which of these situations would constitute fair use? And executive rents a DVD on motivation from her local DVD store. The next day she shows the DVD during work hours to her management team in order to inspire the Team members to adopt a certain leader ship practice
Regulation ______________________ requires that certain written disclosures be made to a consumer prior to the time the credit transaction is completed.
Z
Which of the following is (are) true:
a mark holder must take steps to protect the exclusive use of the mark a mark holder can prevent another from using their mark
What function is Horatio, an administrative court judge in a federal agency, fulfilling when he decides whether a corporation violated a rule of his agency?
adjudication
Food that contains a filthy, putrid, or decomposed substance or any food unfit for consumption is defined by the FDA as _____________ food.
adulterated
_ possession applies to personal property held for the required statutory time period.
adverse
Proving that one possessed real property in a certain way for a certain period of time may give rise to title under the doctrine of: ______.
adverse possession.
In some jurisdictions, a shorter period of time than what is set forth in the statute may be allowed for adverse possession claims if they:
adverse possessor pays taxes on the land.
Using the transformative factor, the courts will look at ______ to see if the new work infringes on the copyrighted work.
aesthetics
Using the transformative factor, the courts will look at _______ to see if the new work infringes on the copyrighted work.
aesthetics
The SOX Act applies to anyone who destroys documents before, during or ________ formal investigation.
after
Federal and state employment regulations are intended to protect employees who have little __________ power on their own.
bargaining
Labor unions negotiate contracts with employers that cover a group of employees and are ____________ ____________ known as CBAs, or collective
bargaining agreements
In the context of pollution emission in to the waterways from sources such as industrial plants, new applicants for permits are required to employ the ______, which means that the permit applicant must install the most technologically advanced control methods on the market, regardless of cost.
best available control technology
Under the TILA, the seller must inform the buyer of the right to _________________ the loan contract for any reason within three business days of the transaction.
cancel
A(n) decree will detail the cleanup plan for the hazardous site as well as detail cost.
consent
Textures, shapes, and color combinations have been given trade _ protection.
dress
Duties for _________ employees are classified as executive, administrative, or professional.
exempt
is a complaint filed by a union against the company for alleged mistreatment of a union employee
grievance
Water contained in soil is called
groundwater
Discussions of sexual activities, using vulgar language and displaying pornographic pictures, are example of things that could create _______ work environment.
hostile or offensive
In order for the _ warranty of fitness for a(n) _ purpose to be created, The buyer must prove that the seller knew of the buyers desire to use the product in a specified way, and the buyer relied on the sellers advice and recommendation
implied / particular
Employer actions that demonstrate intent to protect employees from unjust termination may create protection under a(n): ______.
implied contract.
Manuals, handbooks, or other written guidelines distributed by an employer that provide protections against termination without cause may create:
implied contracts
Oral promises that a reasonable person would believe protect an employee from termination without cause may be held to be: _____.
implied employment contracts.
rule of exactness
infringer makes, uses, sells an invention that is exactly the same as the patent holder's claims in the patent application
Mark Maintenance
initial registration period of 10 years, registered through the USPTO may be renewed unlimited number of times.
Federal antidiscrimination statutes differ from state statutes that tend to cover more employers, with some states imposing antidiscrimination statutes on small businesses with ______.
just 1 employee
An employee who receives a salary in the top 10% of the company's salaries is considered a __________ employee, and the company does not have to reinstate the employee after FMLA leave if the reinstatement would harm the company
key
Defense to Superfund liability under the Small Business Liability Relief Act is designed for a party who purchased contaminated property with of the contamination.
knowledge
The ADEA also acts to prohibit: ______.
mandatory retirement policies
Workers receiving unemployment benefits under FUTA: ______
may be required to participate in job training. must be actively looking for a new job.
Sarah and James have entered into an agreement where Sarah offered to sell her Camaro to James for $15,000 and James agreed to buy it for that price. This agreement is known as a/an agreement of mutuality
meeting of the minds
Under Title VII or any other antidiscrimination laws, statutory protection is extended only to those who have been discriminated against based on: ______.
membership in a protected class
Once a plaintiff has proved her prima facie case, the employer has the burden of offering a(n) _____ motive for the action or asserting a legally recognized ______ against the claim. Multiple choice question.
nondiscriminatory, defense
In order for a business to lawfully dump material into a water source, it must obtain a(n):
permit or permitting
Union strikers have the right to demonstrate, also called _________, outside company facilities.
picketing
Evidence obtained by aerial observation is typically permitted by the ___________ view doctrine
plain
In a civil case, the burden of proof is a(n) _____________ of the evidence which means that it is more likely than not that the defendant should be held liable.
preponderance
Once an employee has made a prima facie case against an employer for age discrimination, the employer then must: ______.
present a nondiscriminatory reason for the adverse treatment
A(n) ______ is a false reason under the circumstances.
pretext
Lanham Act
prevents business competitors from getting a free-ride on the shoulders of a more famous brand
In the "______" theory of sexual harassment, the harasser demands sexual favors as a(n) condition of continued employment or promotion.
quid pro quo
Although Blank______ is generally understood to mean an organized conspiracy to commit the crimes of extortion or coercion, state and federal legislatures have added to the definition by including conduct such as engaging in illegal gambling, narcotics trafficking, and prostitution.
racketeering
Concurrence
refers to the requirement that a criminal intent has to trigger a criminal act in criminal conduct crimes and that criminal conduct has to cause a bad result in bad result crimes.
Objective Fault (criminal liability)
requires no purposeful or conscious bad mind in the actor. Less blameworthiness and some maintain it shouldn't even qualify as a criminal state of mind.
If the consuming public primarily associates a mark with a particular product and not any alternate meaning, the mark is said to have ______ meaning.
secondary
The trading of already-issued securities occurs in the _________ market
secondary
Stelissa is an associate attorney with Drake & Creighton, Attorneys at Law. Her supervisor, Russ, is a partner in the firm. Russ regularly tells her she's hot and should wear tighter-fitting clothes. He often calls her into his office and asks her to turn around slowly so he can admire her body. He never touches her. These ongoing comments make her job difficult. At the end of the year, Russ gives Stelissa a great performance review and a $20,000 a year raise, more than any other associate attorney. Stelissa files a complaint with the EEOC after one year of this treatment. Under these facts
she may have a valid hostile environment claim
An employer is ______ liable for the harassing acts of a supervisor if the harassment culminates in a(n) _____.
strictly, tangible employment action
first
the ______ sale doctrine allows the owner of a copyrighted work to resell or gift the work to another without the permission of the copyright holder.
Administrative law is
the body of law that defines, regulates and limits the exercise of authority of federal regulatory agencies.
If a seller does not make a specific representation about a product
the buyer may still be able to pursue an action against the seller based on an implied warranty.
A state or local government affirmative action program, aimed at addressing inequalities in the workplace or in education, is constitutional so long as it attempts to remedy an actual past practice of discrimination and does not employ a system of quotas.
true
The Occupational Safety and Health Administration has the authority to conduct both routine and
unscheduled, random, unannounced, or surprise
A(n) disclosure informs a debtor of certain rights when a collection agency makes initial contact about the debt.
validation
is a single investor having a common expectation of profit with the promoter of an investment
vertical commonality
After a certain period of time, employees are entitled to the benefits of employer pensions even if they no longer work for that organization, under a principle called:
vesting
Employers may monitor employees in order to avoid ______ liability for the employees' actions.
vicarious
Crimes in which the perpetrator has used forced is called a __________ crime
violent
Many states have passed ________which prohibit employees from being required to join unions or contribute to certain union costs.
w
violates FCPA's prohibition of paying cash equivalents (travel) in connection with the permit
which proposed transactions violates the FCPA? Widget co applies for a permit to do business in Venezuela. the government denies the permit so widget co hires a consultant in Venezuela who is the brother of the government official and pays a reasonable dee for services plus reimbursement of traveling expenses. the consultant submits a handwritten invoice for the reimbursement totaling $100000
violates FCPA's prohibition of paying a third party to pay off the government official (a consultant)
which proposed transactions violates the FCPA? widget co applies for a permit to do business in Venezuela. the government denies the permit so widget co hires a consultant in Venezuela who is the brother of the government official. Widget co pays the consultant $100000 to handle the permit process although the permit itself costs only $1000
In the Lilly Ledbetter v. Goodyear case before the U.S. Supreme Court, the Court held that the plaintiff should have filed suit:
within 180 days of receiving her first unfair paycheck.
Workers injured on the job are compensated through a state insurance program known as ______ and so, do not have to sue their employers.
workers' compensation
States often require written documentation for child workers, known as __________ paper.
working
Although not required by the FLSA, most states require written documentation for child workers, often called: ______.
working papers
Which of the following are factors which courts use to analyze whether a business's information constitutes a trade secret? (Check all that apply.)
Amount of money invested by the business in developing the information Measures taken to guard the confidentiality of the information
implied
An _________ warranty may protect a buyer of a product even if there has not been a representation of fact.
collective bargaining unit
An employee group that, on the basis of a mutuality of interests, is an appropriate unit for collective bargaining.
Whistleblower
An employee or agent who reports illegal misconduct or a statutory violation by his or her employer to the authorities.
promote efficiency in commercial dealings, provide standardized procedures
Article 2 of the UCC is intended to:
The completion of business transactions
Article 2 provides standardized procedures to promote
A party claiming unlawful discrimination in the workplace must first file a(n)_____with the Equal Employment Opportunity Commission.
Blank 1: complaint or claim
Search incident to arrest is an exception to the Fourth Amendment warrant requirement.
Blank 1: search
Criminal law is typically a matter of statutory law.
Blank 1: state
The SOX Act outlawed __________ and made it __________ for defrauded investors to attempt recovery of lost money.
conspiracy to commit fraud, easier
The Fair and Accurate Credit Transactions Act requires
credit bureaus to stop reporting fraudulent account information from the time a consumer alleges identity theft.
When the infringer makes, uses or sells an invention that is exactly the same as the patent holder's claims in the patent application, the rule of ______ applies.
exactness
An employer may not avoid vicarious liability for an employee's harassing conduct even if they can prove that a system was in place to deter, prevent, report, or correct such harassment.
false
t/f An employer will generally be found vicariously liable for their employee's sexual harassment that occurs outside of the workplace.
false
A mark that centers upon a word made up with the intention of being used as a distinctive term is considered _____
fanciful
Subjective Fault (criminal liability)
fault that requires a "bad mind" in the actor. Frequently linked with immorality. Most blameworthy.
Workers' compensation payments are generally made to an injured employee regardless of the employee's________for the injury.
fault, responsibility, negligence, or liability
The first thing an employee must do when alleging employment discrimination is
file a complaint with the EEOC.
In addition to imposing more personal liability on certain corporate officers, SOX also requires standardized: ______.
financial reporting formats.
Contract employees may generally be terminated: ______.
for good cause
The Lanham Act allows the U.S. Patent and Trademark Office to reject a copyright if it is
immoral, deceptive or scandalous matter
In a products liability case, the injured party can pursue a legal remedy against the seller of the product based on all of the following theories except
immunity
An easement by __________ or necessity is created because property is landlocked between other properties and the owner must cross through the property of another to gain access to her property.
implication
An employee handbook that suggests protections against termination without cause may create a(n) ______ contract.
implied
The federal statute that governs both pensions and tax-deferred retirement savings accounts is most commonly known as
ERISA
The federal statute that governs employer pension plans, as well as employee tax-deferred retirement savings accounts, is best known by its initials: ______.
ERISA
Limited protection for the privacy of employee phone calls and voice mail is provided by the:
Electronic Communications Privacy Act (ECPA)
Limited protection for the privacy of employee phone calls and voice mail is provided by the: ______.
Electronic Communications Privacy Act (ECPA)
Which of the following was created to combat discrimination in lending practices?
Equal Credit Opportunity Act
The concept behind the ______ is to level the playing field for employees who are in a(n) ______ with employers.
FLSA, untenable bargaining position
False testimonials and false endorsements are prohibited by the
FTC
Under indirect copyright infringement, which of the following will be liable for damages?
Facilitator of the infringement
Which of the following regulates the consumer debt collection process when the debt is collected by an agent of the creditor?
Fair Debt Collection Practices Act
United Nations
The __________ was created to facilitate common international concerns on defense, trade, and human rights.
A(n) ______ hardship is one that results in significant difficulty or expense in the context of overall employer resources.
undue
The ADA amendments of 2008 (the ADAA) now includes a requirement that courts make determinations of disabilities without regard to whether the plaintiff: ______.
uses medication or artificial aids
An employee's right to privacy in the workplace is generally: ______.
very limited
The Safe Water Drinking Act sets minimum water quality standards for
very public water system and every source of drinking water.
Employers will typically be responsible for the unauthorized use of copyrighted material by an employee under the theory of ______ infringement.
vicarious
In the 1998 Faragher and Ellerth cases, the U.S. Supreme Court that that an employer could be ______ for sexual harassment when it fails to respond to a sexual harassment complaint made to a supervisor.
vicariously liable
Under general agency law, principals are ______ for the tortious actions of their employees when the employees are acting within their scope of employment.
vicariously liable
An employee should expect that usage of the company's computer system may be
monitored
As a general rule, an employee's right to ______ in the workplace is ______.
privacy, extremely limited
Water rights, airspace rights, subsurface rights, and the rights of use and enjoyment are typically thought of as rights associated with the ownership of:
real property.
Job restructuring, installing a wheelchair ramp, and modifying work schedules are examples of: ______.
reasonable accommodations
Once a person has a disability, the ADA requires the employer to make ______ that allow the employee to perform essential job functions.
reasonable accommodations
Under the Family Medical Leave Act (FMLA), an employee:_____.
receives up to 12 weeks of leave in any 12-month period must have worked at least 1250 hours during the past 12 months must have worked for the company at least 12 months
The Financial Stability Oversight Council exercises all of the functions below except: ______.
recovery and reinvestment
Under the Magnuson-Moss Act, sellers may set a time frame on the implied warranty of merchantability if they:
set the expiration date to coincide with the expiration date of the express warranty
the completion of business transactions
Article 2 provides standardized procedures to promote
bundle of rights.
As it relates to personal property, title is thought of as a: ______.
trade secret
Information or articles that are to be kept secret because of their particular value are _______
maintain a place of business in one of the signatory countries
The CISG covers parties that _________.
Missing terms
The CISG exists to provide which of the following for contracts for the sale of goods?
Dave is interested in becoming a shareholder in a closely held domestic corporation. Which of the following is not typically required
The Directors of the Corporation must appoint Dave to one or more officer positions in the Corporation
Which of the following regulates consumer leasing?
Consumer Leasing Act
The is the party borrowing money, also called the borrower.
debtor
General Intent Plus
"General intent" refers to the intent to commit the actus reus of the crime. "Plus" refers to some special mental element in addition to the intent to commit the criminal act.
What imposes criminal sanctions for violations of the Copyright Act?
No Electronic Theft Act
nuisances
Noises and foul odors are common types of _____
Which of the following classifications is an example of a protected class?
Race
antibribery
The centerpiece of the FCPA is its __________ provision.
To help define the term "copy" as it pertains to copyright laws, courts have developed the
$20,000, $30,000
Factual Cause
(also called "but for" cause) of death, other bodily harm, and damage to and destruction of property. An empirical question of fact that asks whether an actor's conduct triggered a series of events that ended in causing death or other bodily harm; damage to property; or destruction of property. An actor's conduct triggered a chain of events that, sooner or later, ended in death or injury to a person and/or destruction of property. An objective, empirical question of fact; that's why we call it factual cause. Proving factual cause in almost all real cases is as easy as the no-brainer example of pushing the rock. Proving "but for" cause is necessary, but it's not enough to satisfy the causation requirement. To be sufficient, the prosecution has to prove legal, too.
in any manner sufficient to show an agreement
A contract under the UCC can arise:
Which of the following is not an Administrative Agency function related to the formation, implementation, and enforcement of regulations intended to administer a federal law?
All are Administrative Agency Functions
According to the text, which of the following does the system of law in the United States provide for?
All of the Abovve
Mylie has a clothing store as a sole proprietorship. Her shop has a net income at the end of the year of $200,000. She took a salary from this of $60,000. The remaining money is left in her bank account.
At tax time, Mylie pays taxes on $200,000.
abandon
Continuous possession for adverse possession purposes means that the adverse possessor cannot ______ the property in question for a period of time.
What is the term for when a defendant is found guilty by a finder of fact in a trial?
Conviction
The Americans with Disabilities Act (ADA) is intended to prevent discriminatory employment practices against disabled persons. Which of the following is NOT true of the ADA?
It requires an employer to hire and retain an individual alleging a disability regardless of his or her qualification for the job.
How is trade secret protection different from other forms of intellectual property?
It requires no formal registration.
__________ stock has less risk than common stock and has debt-like features
Preferred
Under the concept of Stare Decisis
Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and generally must be followed
_ marks are used to identify business services.
Service
Swineburne was a life tenant, so all ownership interests are extinguished upon his death. Carrol Jr is then the owner in fee simple absolute and has the right to terminate Swineburne Jr's use of the real estate
WHAT IS SWINBURNE'S OWNERSHIP INTEREST? Swineburne approaches Carrol with the idea of starting a charity soup kitchen. Carrol denotes a parcel of real estate to Swineburne by providing this agreement:"I convey this parcel to Swineburne for his life, and then to Carrol Jr in fee simple absolute." Swineburne uses the property to start a soup kitchen but dies shortly after . Swinburne Jr continues the soup kitchen. Carrol Jr then informs Swineburne Jr that he is selling the real estate and there Swineburne Jr must vacate
What is the term for a court order authorizing an officer to arrest, search, or seize something associated with a criminal case?
Warrant
Under the Federal Labor Standards Act (FLSA), a standard workweek is: ______.
40 hours in a seven-day period
A(n) ______ plan is an example of a tax-deferred retirement savings account, which is funded by the employee.
401(k)
Under the TILA, which of the following is the maximum amount of unauthorized
50
20
A patent of an invention lasts for _____ years from the date of filing.
Which of the following unsecured creditors has first priority?
Janice, an attorney who handled the bankruptcy and has unpaid legal fees
Which of the following imposes criminal sanctions for violations of the Copyright Act?
No Electronic Theft Act
What privacy should employees expect when using company computer equipment and systems?
None; the employer ordinarily has the right to monitor its systems.
What is the term for offenses where the mental element of the crime is assumed by the action of the crime?
Strict liability offense
Transaction costs
The costs of defining, monitoring, and enforcing property rights.
______ prohibits discrimination in the workplace on the basis of an employee's race, color, national origin, gender, or religion.
Title VII
Swineburne has an express easement to use the driveway. Blago had reason to know of the easement at the time of purchase (via the easement statement recorded on the deed) therefore he must honor Swineburne's easement
WHAT IS SWINBURNE'S OWNERSHIP INTEREST? Swineburne approaches Carrol with a request that Carrol allow Swineburne to have use of the driveway of a commercial office building owned by Carrol, which is on a parcel of property adjacent to Swineburne's charity soup kitchen. the driveway would allow easier access for trucks delivering supplies to the soup kitchen. Carrol executes and records a new deed with the statement, " on the parcel of my commercial office building, I convey an easement for the use of the driveway to Swineburne." Carrol subsequently sells the property to Blago, Blago informs Swineburne that he may no longer use the driveway.
groundwater
Water contained in soil is called
Paris Convention
Which of the following offers international policy and protection for inventions?
Section 10b of the '34 Act is the primary ______ provision covering the trading of securities and makes it a criminal offense to engage in any fraud in connection with the purchase and sale of any security.
anti-fraud
Sonia runs Soniaco, a company in which investors have lost confidence. Soniaco now is unable to raise funds to continue operating. Sonia has entered into an agreement to assign Soniaco to a large creditor, with notice to be given to all of Soniaco's other creditors. After claims are made, the assets of Soniaco are distributed first to creditors with liens on Soniaco's assets, then to pay costs associated with administration, and third to all priority unsecured creditors This procedure is known as a/an
assignment for the benefit of creditors.
Raelynn saw Tawny choking in a restaurant. Raelynn jumped from her seat, beat Tawny on the back in her untrained attempt at Heimlich Maneuver, which she did not know how to perform, and gave Tawny serious back injuries. Raelynn will be liable to Tawny under which of the following doctrines?
assumption of the risk
So long as a(n) ______ does not fall under one of the exceptions, the employer is insulated from a wrongful termination lawsuit.
at-will termination
The state general typically enforces state consumer protection laws.
attorney
Blake agrees to purchase a four-wheel drive monster truck from Offroad Autos and schedules a delivery. Blake signs a contract promising to pay the amount of $40,000 in full upon delivery in three days. The day before the scheduled delivery, Congress passes an emissions law making sale of vehicles with inadequate gas mileage illegal, and the truck that Blake contracted to purchase is included among the illegal vehicles. This contract
automatically terminates due to impossibility
arbitrary
A real word that is part of a mark, but has nothing to do with the word's literal meaning is called a(n) _____ mark
"People" are what part of the process?
- Inputs - Outputs
eminent
A regulation that completely deprives a landowner of all the economic value of his or her property will require just compensation under the power of ______ domain
Which of the following are true about consent orders: Multiple select question.
- consent orders have the effect of a court order - consent orders impose sanctions on the violator
Takings Clause
A regulatory taking that deprives a landowner of all of the economic value of her property and grants her just compensation is called the: ______.
Trademark Dilution Revision Act
1. degree of similarity between the mark and the famous mark 2. degree of inherent or acquired distinctiveness of the mark 3. extend to which the owner of the famous mark is engaging in substantially exclusive use of the mark 4. the degree of recognition (fame) of the mark 5. whether use of the mark by the alleged infringer was intended to create an association with the famous mark 6. any actual association between the mark and the famous mark
Obstruction of Justice (4)
1. lying to investigators, 2. altering documents, 3. shredding or concealing documents or any media such as videotape, and 4. inducing other witnesses to lie or refrain from cooperating with authorities.
There are _______ stages of patent prosecution.
3
strike
A concerted and sustained refusal by workers to perform some or all of the services for which they were hired in order to induce the employer to concede certain contract terms during collective bargaining or to engage in fair labor practices.
generic
A mark falling into the ______ classification cannot be registered.
Recklessness
Awareness of the risk of causing a criminal result, whereas in "knowingly" it's awareness of causing the result itself. Reckless does not apply to conduct crimes for the obvious reason that you have to be aware you're committing a voluntary act. It can refer to attendant circumstances; for instance, you can be aware that a woman you're about to have sex with is under the legal age. Reckless people know they're creating risks of harm but they don't intend, or at least they don't expect, to cause harm itself. Conscious risk creation is not as blameworthy as acting purposely or knowingly because reckless defendants don't act for the very purpose of doing harm; they don't even act knowing harm is practically certain to follow.
A(n) ______ under federal antidiscrimination statutes allow employers to hire or employ on the basis of religion, gender, or national origin.
BFOQ
What is the term for a security given to the court to ensure the appearance of a defendant in court at a later date?
Bail
______________ is the security given to the court to ensure the appearance of a defendant in court at a later date.
Bail
direct infringer.
Before pursuing a theory of indirect infringement, the copyright owner must first identify the ________
______negotiations is a requirement in an employment discrimination claim. This means that the EEOC make good faith efforts in favor of settling the dispute.
Blank 1: Conciliation or Conciliatory
The Amendment protection against self-incrimination applies not to just trial testimony, but also interviews with law enforcement during criminal investigations.
Blank 1: Fifth, 5, or 5th
are anything affixed to a structure.
Blank 1: Fixtures
Emily makes $55,000 a year. The median income for her state is $42,000. She owes over $80,000 in various debts. Which of the following is an option to address her personal debt issue?
Chapter 13 bankruptcy
Sheila was a used car salesperson who told Chet, a prospective buyer, that the car he was considering was only driven to church on Sunday by a little old lady and was in excellent condition when in fact it was owned by a street racer and was in poor mechanical condition. Chet signed a contract to buy the car in justifiable reliance upon Sheila's misrepresentations. If Sheila honestly but wrongly believes the little old lady story, may Chet avoid the contract?
Chet can avoid the contract because of innocent misrepresentation
exempt employees
Classification of employees who are not covered by FLSA protections; generally consists of employees whose responsibilities are primarily executive, administrative, or professional.
Which of the following pieces of federal legislation is designed to improve outdoor air quality?
Clean Air Act
Copyright Act.
Copyrights are regulated by the ______
Searches of Business Premises
Courts reluctant to extend reasonable expectation of privacy rights to the workplace Particularly when the business is highly regulated
Criminal Law (as a opposed to criminal procedure)
Criminal law defines the boundaries of behavior and sanctions for violating those boundaries
What is the term for the legal process that focuses on the safeguards that individuals have during criminal processes?
Criminal procedure
Criminal procedure (as opposed to criminal law)
Criminal procedure refers to legal safeguards afforded to individuals (and business entities) during criminal investigations, arrest, trials, and sentencing.
Daniella, Annabella, Cory, Roger and Cletus have decided to go into the real estate business to acquire land, build an apartment building rent it out and then sell it. Daniella and Cletus are the general partners who each own 10% of the limited partnership interests. Annabella a limited partner own 30% of the limited partnership, Cory owns 35% of the limited partnership and Roger owns 15% of the limited partnership.
Daniella, Cletus, Cory and Annabella.
Which of the following patents are intended to protect inventors for any new, original, and ornamental design for an article of manufacture?
Design
What covers the invention of new ornamental designs for manufacture?
Design patents
customers create a link to a particular product.
Designs, colors, and shapes of products help ______
If a copyright owner can prove that he has legal ownership of the work and that an infringer copied the work without permission, what type of infringement has occurred?
Direct infringement
impact is a theory of discrimination for when an employer uses a facially neutral practice that has an adverse impact on members of a protected class.
Disparate or Direct
Charging higher interest rates based on discriminatory factors is illegal under the ______.
ECOA
The federal administrative agency designed to carry out federal workplace antidiscrimination laws is the
EEOC
Federal antidiscrimination statutes require an aggrieved employee to first file a complaint with the ______ within _____ of the adverse job action.
EEOC, 180 days
The National Ambient Air Quality Standards Act allows which government agency to establish permissible levels of air pollutants?
EPA
The Toxic Substances Control Act gives the ___________ jurisdiction over risks associated with the manufacturing, usage, and disposal of chemical compounds.
EPA
Which federal administrative agency is primarily responsible for the creation and enforcement of environmental laws?
Environmental Protection Agency
Which of the following federal agencies regulates the manufacturing and transportation of gasoline, diesel fuel, and fuel additives?
Environmental Protection Agency
Which of the following is not an example of deceptive advertising?
Honest Al, a used car dealer, claiming in a TV advertisement that Honest Al's cars were the "best in the city".
mislaid.
If Amanda leaves a restaurant but forgets her cell phone on the table she was sitting at, the cell phone is characterized as:
Implied Warranty of Fitness for a Particular Purpose
If a buyer can prove that a seller knew of the buyer's desire to use a product in a certain way and that buyer relied on the seller's recommendation, the buyer may have protection under the _____________________.
3
If a mark is no longer used in commerce for ______ years, the rights are lost through abandonment.
remedies
If a seller does not cure, the CISG allows the buyer to pursue __________.
process
If an individual is affected by a zoning regulation, he or she may be entitled to due _____ protection
secondary
If the consuming public primarily associates a mark with a particular product and not any alternate meaning, the mark is said to have _____ meaning
condemnation
If the government and private property owner cannot agree on the sales terms regarding real estate, the government will institute ______ proceedings.
An _ warranty may protect a buyer of a product every if there has not been a representation of fact.
Implied
If a buyer can prove that a seller knew of the buyers desire to use a product in a certain way and that the buyer relied on the seller's recommendation, the buyer may have protection under the _
Implied warranty of fitness for a particular purpose
Mail Fraud Act
In 1990, Congress passed the Mail Fraud Act to give federal prosecutors significant leverage in prosecuting white-collar criminals. The statute criminalizes any fraud where the defrauding party uses the mail or any wire, radio, or television.
gap
In the context of sales contracts, the UCC should be thought of primarily as a ______ filler in cases where the parties have not agreed otherwise.
The 1998 Insider Trading and Securities Fraud Enforcement Act is noted for __________.
Increasing civil and criminal penalties for insider trading
Recording Industry Association of America.
Individuals who engage in Illegal file sharing have been pursued by the ______
The Endangered Species Act is administered by the U.S. Department of Commerce and the U.S. Department of the:
Interior
The Federal Unemployment Tax Act accomplished which of the following?
It established a state-administered fund to provide payments to workers with sudden job loss
Josephine, a warehouse employee at an office supply company, is suffering from severe back injury (a covered disability). Josephine finds out about a vacant position in the company that involves only light lifting and asks her boss for a temporary transfer to that position until she recovers. According to the Americans with Disabilities Act (ADA), which of the following statements is most likely to be true in this scenario?
Josephine's transfer request would be considered a reasonable accommodation if she is otherwise qualified for the position.
Adjudication
Jurisdictions use either: 1. grand jury system (most systems), or 2. preliminary hearing with magistrate.
The Science and Philosophy of the Law is commonly called
Jurisprudence
The original Equal Pay Act was signed into law by President ______ in 1963.
Kennedy
he original Equal Pay Act was signed into law by President
Kennedy
The National ________ ________ Act requires that both parties engage in good faith negotiations. Need help? Review these concept resources.
Labor Relations
Reports and checks on the management of labor unions are provided in the __________ Act.
Labor-Management Reporting and Disclosure
Liability for oil spills is established by the
Oil Pollution Act.
The Oil Pollution Act established which of the following to help cover cleanup costs associated with oil spills?
Oil Spill Liability Trust Fund
nationally
Once a trademark is registered, the holder has rights where
Investigation
Once the authorities believe that sufficient evidence creates enough probable cause, they will either obtain an arrest warrant or, more commonly, arrest the suspect by taking him into physical custody, usually based on probable cause
$20,000, $30,000
One intellectual property law firm estimated that legal fees and application fees related to obtaining a patent ranged from _______ to ________.
infringement
One who makes, uses or sells a patented invention without permission is guilty of patent
What creates a monopoly right that allows an inventor the exclusive entitlement to make, use, license, and sell an invention for a limited period of time?
Patent
tangible
Property that can be touched and physically possessed is ______ property, and it includes real property and personal property.
trade dress.
Protection for a product's shape or the color of its packaging is called
Portal-to-Portal Act
Provides guidelines for what constitutes compensable work under the FLSA's wage and hour requirements.
Congress replaced the accounting industry's self-regulation of auditing with oversight by the: ________.
Public Company Accounting Oversight Board.
Work in which of the following is not protectable under copyright laws?
Public domain
countries
Public international law addresses the relationship between individual ____ and international organizations.
What is the term for crimes that involve offensive or disorderly conduct in public?
Public order crimes
______ companies are often subject to state and federal laws dealing with internal governance.
Publicly-held
Which of the following is an improper application of a bona fide occupational qualification (BFOQ)?
Race to hire an office administrator.
RICO
Racketeer Influenced and Corrupt Organizations Act The modern trend is for authorities to use the RICO statute in an expansive manner, including criminal business conduct that is not traditionally related to organized crime. RICO laws define racketeering in broad terms, including crimes such as wire fraud, mail fraud, and securities fraud.
___________ use in the context of riparian rights means that the landowner is entitled to use as much water as is beneficial to her land, while making sure other landowners with riparian rights to the same water source are considered.
Reasonable
A(n) ______ is designed at the state level to establish regulations that reduce air pollutants.
State Implementation Plan
real property ownership.
State statutes and common law principles are the primary sources of law governing: _____.
Workers' Compensation
State statutes that provide an employee who is injured in the course of employment with a partial payment in exchange for mandatory relinquishment of the employee's right to sue the employer for the tort of negligence; funded through employer-paid insurance policies.
Congress passed a law that permitted government agents to tap the phones of the executives of internet service providers (ISPs) without the probable cause and warrant normally required by the Fourth Amendment. The rationale was that ISPs were involved in frequent violations of citizen's' privacy rights and the taps were needed to uncover evidence of this illegal activity. Allen, the president of an ISP, had his phone tapped. He has challenged the law in federal court. What level of scrutiny will the courts apply to this law?
Strict Scrutiny
abandoned
Suppose Dwayne tosses an old cell phone charger in the trashcan that is waiting to be picked up in front of his home. Tom, who is looking for valuables in the neighborhood garbage, finds the charger. In this scenario, the cell phone charger would be characterized as ______.
The ____________ provides for a statutory process for consumers claiming a billing error on their card statement.
TILA
Which of the following allows consumers to opt out of receiving unwanted calls from telemarketers?
Telemarketing and Consumer Fraud and Abuse Prevention Act
Which of the following is a primary statute designed to prevent deceptive telemarketing practices?
Telephone Consumer Protection Act
equivalence
The doctrine of ________ allows courts to find patent infringement when an invention, compared with a patented device performs, substantially the same function in substantially the same way to achieve the same result.
omission
The doctrine of equivalence came about due to the abuse of the rule of ______
Congress attached spending conditions to federal funds granted to states to maintain interstate highways. The conditions stated that a state would have federal highway repair funds cut back by 10 percent if a state raised its speed limit on public roads higher than 70 miles per hour on grounds that safer highways would promote the federal welfare. The state of Wyoming raised their speed limit to 80, had their funds reduced, and challenged the congressional conditions in federal court. What is the likely result of their challenge?
The federal conditions will be upheld as constitutional, as a constitutional exercise of Congress's spending authority.
the seller is a merchant
The implied warranty of merchantability applies to every sale of a product where:
In order to trigger protection under workers' compensation laws, the injury must meet which of the following main criteria?
The injury was accidental The injury occurred within the scope of employment
involuntariness
The key to determining whether the property is lost or mislaid is the element of:
Mental Requirement
The mental element, also called by its Latin name, mens rea, which translates literally into "guilty mind," refers to the general requirement that the defendant have a requisite degree of culpability with regard to each element of a given crime ex: if two people go out shooting and one shoots the other, you cant charge the guy for murder
Purposely
The most blameworthy mental state. Purpose means having the "conscious object" to commit crimes. Example: common-law burglary, the burglar has to break into and enter a house for the very purpose (with the conscious object) of committing a crime after the burglar gets inside.
Kameron, Candice and Leo were members of an LLC, Printing Unlimited, LLC (PU). They leased a digital printing press for their company. Press Sales, Incorporated (PSI), the company that manufactured and leased the printing press to them, required personal guarantees from each of them as a requisite leasing the press. What will be required of Kameron, Candice and Leo?
They must guarantee to make good faith efforts to repay the debt when due.
Stevenson Sanitation Corp (SSC) ordered 1,000 green toilet seats from Commercial Sanitation Supply (CSS). The contract stated "1,000 green toilet seats, FOB SSC loading dock." The toilet seats were required to be green because this was SSC's trademark color. When the shipment arrived, SSC discovered that it has received 1,000 red toilet seats. Before SSC could notify CSS and return the seats, a fire destroyed SSC's building along with the shipment of seats. Which of the following statements is true?
This was a destination contract, and the toilet seats were nonconforming goods, so CSS did not complete performance and retained risk of loss
Which of the following prohibits discrimination in the workplace on the basis of the employee's race, color, national origin, gender or religion
Title VII of the Civil Rights Act
Beginning in 1971, the U.S. Supreme Court began to develop guidance for thecourts on how to apply: ______.
Title VII of the Civil Rights Act of 1964
addition
When the infringing device does more than is described in the patent application of the protected invention, the rule of _______ applies
fill in
When the parties have not expressly agreed otherwise, Article 2 of the Uniform Commercial Code acts to _________ missing or open terms in a contract for the sale of goods between merchants.
merchant transactions are expedited given their level of knowledge, merchants are regularly engaged in the sale of a particular good
Which of the following are true of merchants under the UCC?
Fee simple absolute
Which of the following means that rights are generally unrestricted, infinite in duration, and inheritable by the owner's heirs?
Article 96 declaration
Which of the following under the CISG allows individual countries to impose a writing requirement?
Sneaky Sales Retailing advertised a bicycle for a 40 percent sale price of $449 but when customers came in for the sale, the sales representatives told customers the advertised bike was on back order, and always encouraged them to purchase a $799 bicycle. This is known as
a bait-and-switch
An employer may hire and employ on the basis of religion, gender or national origin in certain instances when the classification is: ______.
a bona fide occupational qualification.
Which of the following is personal property?
a car
Failure to give notice of patent protection may result in the inability to collect _ against patent infringers.
damages
Marks that suggest the product or service without literally describing it are considered highly _
distinctive/distinct
Trademark protection is based on
distinctiveness
Trademark protection is based on
distinctiveness, distinction, or distinctive
Common shareholders are typically entitled to payments based on the current profitability of a company. These payments are known as _________
dividends
Payments to equity owners of stock are called:
dividends
The criminal defense of ____________ is asserted when a defendant has committed a crime in response to another person's threat to inflict personal injury.
duress
The National Environmental Policy Act focused on addressing ____________ regulation.
environmental
The ___________ assessment (EA) category is for agency action in which the impact on the environment is unknown.
environmental
Ronald was a real estate developer who purchased land in Manhattan for $20 million to build a skyscraper. After the purchase, the city passed a new zoning ordinance preventing the building of all new developments for environmental purposes. Ronald now has no legitimate commercial use of the property anymore and it is essentially worthless. However, Ronald still had full title to the property. Under these circumstances, if Ronald sues the city for his losses, he will
win because the regulation depleted all economic value from his property
Meredith owns Meredith's Boutique and has fallen behind on her payments to creditors. She wants to turn around her business and settle past debts under State law and calls her creditors to rearrange debts. This is known as a
workout.
Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act are laws designed to address discrimination
workplace or employment
Provisions of the Magnuson-Moss Act apply when the seller or lessor of goods provides the consumer with a(n):
written express warranty
The Role of Legal Counsel in the business decision making process is
Assist clients to understand their legal rights and consequences of their actions in a business environment.
Precious, at a private party, agreed to sell LaStarshae her new Gucci purse for $2,000. LaStarshae asked Precious if she would hold the price open until the end of the month when LaStarshae received a quarterly bonus from her job. Precious agreed to do it for her as a favor. At the end of the month, LaStarshae approached Precious with $2,000 in hand, but Precious said "Sorry, LaStarshae, I just sold it to Celine, you're too late." What will be the result if LaStarshae sues for breach of contract?
Precious wins as there was no exchange of consideration
One definition of a contract is
a promise or set of promises enforceable by law
While organizations may have standards and values they aspire to follow, a practical approach and strategic legal solution identified by the textbook to make these standards and values effective is to
Develop a code of ethics
Ethical misconduct not only includes illegal and unethical practices but also includes questionable practices of managers and organizations
True
Dirk is the delivery driver for Papa Pepperoni's Pizza. On a delivery he spotted Marvin, his main competition for the affections of his girlfriend Jolene. He accelerated his truck and hit Marvin, breaking both his legs. Under these circumstances, this is
an intentional tort
Which of the following is eligible for immediate trademark protection?
Arbitrary Trademark
Restrictions on child labor are included in the: ______.
Fair Labor Standards Act
Knowing
"Awareness." In conduct crimes, awareness is clear. In bad result crimes, it's enough that you are aware that your conduct will cause the bad result.
Real property is also referred to as real .
Blank 1: estate
Design patents focus mainly on the
appearance
Trade Secrets are protectable
for as long as the company desires
Patent rights are created by
statute
A(n) is a criminal offense for which the punishment is incarceration of one year or more.
Blank 1: felony or felonies
Which of the following courts renders decisions binding only on the parties involved in the dispute?
A U.S. District Court
express
A ______ warranty is a factual statement about a good's quality or effectiveness.
design
A current trend in strategic business planning is to trademark product ______ as a form of trade dress.
Registration of copyrighted work allows the owner methods for enforcing the copyright.
Blank 1: legal
Carlton was a director of Rich Financial, Incorporated. Which of the following are duties that Carlton owes to Rich Financial?
A duty of care and a duty of loyalty.
Fair Labor Standards Act (FLSA)
A federal law enacted in 1938 and intended to cover all employers engaged in interstate commerce; mandates payment of a minimum wage, a maximum 40-hour workweek, overtime pay, and restrictions on children working in certain occupations and during certain hours.
Occupational Safety and Health Administration (OSHA)
A federal law enacted in 1970 that sets forth workplace rules and regulations to promote the safety of workers and prevent workplace injuries.
Employee Retirement Income Security Act (ERISA)
A federal law enacted in 1974 consisting of a comprehensive set of laws and regulations that requires employers to make certain disclosures related to investment risk, thus providing transparency for plan beneficiaries.
Social Security Act (SSA) of 1935
A federal law providing a broad set of benefits for workers, including a retirement income; funded by mandatory employment taxes paid into a trust fund by both employer and employee and administered by the federal government.
Employee Polygraph Protection Act
A federal law that prohibits most private sector employers from requiring a polygraph test as a condition of employment.
Labor Management Relations Act
A federal law, enacted in 1947 as an amendment to the NLRA, that prohibits requiring employees to join or continue membership in a union as a condition of employment. Also known as the Taft-Hartley Act.
actual owner.
A finder of lost property typically obtains title by possession, except as it relates to the: ______.
official
A foreign _______ under the FCPA is any officer or employee of a foreign government or any department, agency or instrumentality thereof.
The Model Penal Code
A form of modern criminal law, Nearly two-thirds of states have enacted criminal codes based on the Model Penal Code (MPC) adopted by the American Law Institute (ALI) in 1962.
Disclosure or use of a trade secret without express or implied consent of the owner is called
Blank 1: misappropriation
Suggestive
A mark is considered which of the following if imagination, thought, and perception are required to understand how it is tied to the underlying product or service?
fanciful
A mark that centers upon a word made up with the intention of being used as a distinctive term is considered ______
In which of the following situations would res ipsa loquitur likely apply?
A pair of surgical scissors was left inside Boris after surgery, but he can't prove exactly how they got there
What are the elements of criminal fraud
A party relied on the false representation. There was a false representation. There were damages associated with the false representation.
Knowledge
A person acts knowingly with respect to a material element of an offense when: i. if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and ii. if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.
Negligence
A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
Purpose
A person acts purposely with respect to a material element of an offense when: i. if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result ii. [omitted]
Recklessness
A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree.
Which of the following is not true
A plaintiff is not required to plead the remedy they seek from the court and generally relies on the court to establish the appropriate remedy
easement
A privilege to use the real estate owned by another is referred to as a(n):
Under the FCPA, who is defined as a foreign official?
Any officer or employee of a foreign government, regardless of rank
Tax-deferred retirement savings account
A retirement savings plan in which the employee commits to saving a certain percentage of base pay in an account that is controlled directly by the employee. The funds grow tax-free until they are withdrawn.
In which of the following situations would a delegation of contractual duties be allowed?
A roofer hired to reroof your home
Which of the following are parts of a crime? (Check all that apply.)
A state of mind A physical act or omission of an act
Indirect Infringement
A theory of copyright infringement under which a third-party facilitator is liable for damages when the facilitator has knowledge of the infringement and/or contributes to the infringement in some material way. Also called contributory infringement.
Service marks are typically associated with: (Check all that apply) Accommodations Transportation Products Environments
Accommodations Transportation
Mistake
According to the MPC, mistake matters when it prevents the formation of a mental attitude required by a criminal statute. It does not work with strict liability cases because there's no mental element in strict liability offenses. In other words, the trail of mistake doesn't have to (in fact, it can't) lead to fault.
The act requirement, also called by its Latin name, requires the government to prove that a defendant's actions objectively satisfied the elements of a particular offense.
Actus reus
The Body of law that defines and regulates federal Agencies and limits the exercise of delegated power by these agencies is known as:
Administrative law
A(n) is a type of crime that has punishment of incarceration for less than one year.
Blank 1: misdemeanor
they don't conflict with a UCC prohibition
Agreed upon terms of a sales contract are enforceable so long as:
Alisa, Cameron and Heike are interested in forming a corporation prior to forming the corporation they enter into a contract to purchase 1000 blue widgets from Gus's widget manufacturers. Alisa, Cameron and Heike get into an argument and Cameron refuses to file the articles of incorporation and disavows all interest in the corporation. As a result:
Alisa, Cameron and Heike are jointly and severally liable for all damage resulting from a breach of the contract.
Harriet's Hats ordered 1,000 red hats from Gary's Retail Supply. Gary's sent 1,000 blue hats by mistake. Under the UCC, which of the following options does Harriet's have?
All of the answer choices are correct
Walter filed for bankruptcy. Which of the following is true immediately after he files?
An automatic stay is granted and debtors may not collect any debts from Walter.
contractual employee
An employee who works under an agreement that defines when the employee begins employment and when the employment ends.
Which of the following would likely create a hostile work environment in violation of Title VII of the Civil Rights Act of 1964?
An employer displays pornographic pictures or movies in a workplace area during an office party.
Identify two important exceptions to the workers' compensation laws.
An employer has engaged in actions that intentionally create conditions that result in harm. An employer acts with a reckless disregard for the safety of its employees.
If a copyright has expired, works fall into the .
Blank 1: public Blank 2: domain
at-will employee
Any employee who is not a contractual employee; may be terminated at any time and for any reason except in cases where public policy is violated or the termination is illegally discriminatory or is prohibited by statutory or common law exceptions.
What is the term for the process where a defendant seeks a higher court to reverse a lower court's conviction in a criminal case?
Appeal
Under the ECOA, which of the following is not an unlawful factor to consider when deciding to extend credit?
Applicant's ability to repay loan
international
Arbitration is considered __________ if the parties to the arbitration are of different nationalities or the subject matter of the dispute involves a state other than the country in which the parties are nationals.
missing, open
Article 2 of the UCC acts to fill in only _____ or _____ terms in a contract for the sale of goods between merchants.
With the Sixth Amendment to the U.S. Constitution, a judicial delay that is months or more is presumptively unconstitutional.
Blank 1: eight or 8
A(n) is a court order authorizing an officer to arrest, search or seize for the interests of a criminal case.
Blank 1: warrant
is the term used to define ownership rights in property.
Blank 1: Title
Cindy verbally told a number of lies about Beyhanna, a diva recording star. These lies included that she was regularly using illegal drugs. One of the people Cindy told the lies to, Ramone, worked for Beyhanna's record label and Ramone went straight to the president of the record label and verbally told him about the drug use story that he had heard. While Cindy's stories were lies, they sounded compelling to Ramone and would have convinced the average reasonable person of their truthfulness. Beyhanna was fired by the record label as a direct result of the lies and lost out on a recording contract worth $5 million. If Beyhanna sues Ramone for defamation, what result?
Beyhanna should not win because Ramone did not act with malice, an essential element of a defamation claim against a public figure
When a crime takes place in the business environment, it is called a(n) _____________ ________________ Crime
Blank 1: white Blank 2: collar
jason and Alexandra enter into a partnership to sell food products Jason has developed. The products sell rapidly however, some persons have a severe allergic to the products which can result in hospitalization. One of the customers who purchased the product was hospitalized for 4 days and sues the partnership for medical expenses of $100,000. Which of the following is true
Both Jason and Alexandra are jointly and severally liable for any contractual or tort damages that result from the sale of their products under partnership law.
Garp signed a contract with Tech Corp that had a binding arbitration clause. A dispute arose between Garp and Tech Corp and the matter was heard by an arbitrator. The arbitrator awarded Tech Corp $50,000. Under which of the following circumstances may a court judge set aside the award of the arbitrator in the hearing?
Both an arbitrator's refusal to hear relevant evidence that prejudices a party's rights and bias against one's gender are grounds for setting aside an arbitrator's award.
Bribery
Bribery is covered in both federal and state statutes. Note that bribery is an offense that requires only the offer of a bribe. It is not necessary that the transaction actually took place. Dont need to complete the bribe, just offering it can get you in trouble
Which piece of federal legislation creates a $300 billion fund to reward securities fraud whistle-blowers
Dodd-Frank Act
______ is the process by which the bargaining unit negotiates with management to reach a contract.
Collective bargaining
Which of the following federal administrative agencies was created to have direct oversight of companies providing mortgages, credit cards, savings accounts, and annuities?
Consumer Financial Protection Bureau
Which of the following are regulated under the Consumer Credit Protection Act?
Consumer credit reporting and debt collection from consumers
Which of the following offers protection for original work of authorship fixed in any tangible medium of expression, not known or later developed from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device?
Copyright
The _ factor allows a court to first analyze whether the work in question has added new expression or meaning to the copyrighted work.
Copyright holders have complete and exclusive rights to their protected work
fair use
Copyright owners do not enjoy unlimited rights to their work; rather, the law balances public interests with the property rights of copyright owners. The most common and powerful defense to a copyright infringement claim is _______
intangible
Copyright protection is a _____ right
Which of the following was enacted to reduce energy consumption in cars and light trucks?
Corporate Average Fuel Economy
With respect to insider-trading laws, who are considered insiders? (Check all that apply.)
Corporate executives Corporate counsel Corporate managers
A fraudulent transfer occurs when a debtor makes payment on a prebankruptcy debt up to a year before filing for bankruptcy.
False
Which of the following are theories of discrimination under Title VII?
Disparate treatment, disparate impact and mixed motives
Which of the following statements is true?
Dispute resolution requires a cost-benefit analysis
One of the major functions of criminal law in general is to compensate parties for damages caused by another's conduct.
False
Filing a complaint with the ______ is usually the first step for a party claiming unlawful employment discrimination.
EEOCoccurs when an employer intentionally treats an employee
Technically, the Equal Pay Act is an amendment to the ______ and is therefore not always categorized as an antidiscrimination statute.
Fair Labor Standards Act
The primary federal antidiscrimination statutes include all of the following except: ______.
Fair Labor Standards ActTitle VII applies to any private sector employer with
vicarious
Employers will typically be responsible for the unauthorized use of copyrighted material by an employee under the theory of ______ infringement.
Peter and Paul are business associates. The police enter the business with a search warrant because Peter is under investigation for a crime. When the police ask Paul to answer some questions, he agrees, but one of the questions, if answered, might make him culpable too. Paul must answer the question because he is not under investigation and therefore does not currently have the right against self-incrimination.
False
Selina has been served with a summons and complaint. Which of the following options does she have?
File a motion to dismiss
The _ Amendment prevents government regulators from denying mark registration because the mark is likely to offend others.
First
Historically, the only protection a consumer had against a deceitful seller of goods was a common law action for .
Fraud
The Model Penal Code's (MPC's) Mental Attitudes
From most to least blameworthy, the MPC's four mental states are: 1. Purposely 2. Knowingly 3. Recklessly 4. Negligently The MPC specifies that all crimes requiring a mental element (most minor crimes and a few felonies don't) have to include one of these degrees of culpability. Recklessness is the default degree of culpability where codes fail to identify a level of culpability.
General Contracting was hired by the city of Rockyville to put in a new road through a mountain pass for $2 million. General Contracting did reasonable soil tests as would be expected of a contractor under their circumstances. The job would involve about 80% costs related to highway materials and 20% labor costs. When General Contracting started building the road, they discovered that it was solid granite a few feet down and that the mountain was unlike any they had ever seen in the state. It would cost them over $5 million in costs just to complete the job. If General Contracting refuses to complete the job at a loss and Rockyville sues, what result?
General Contracting can have the contract discharged based on impracticability
Porter and Dolly are in a business to sell Porter's locally famous chili. Dolly agrees to handle the sales and marketing and Porter agrees to oversee making the chili. They do not enter into a formal agreement, written or otherwise. Which of the following business types is this?
General partnership type known as an implied partnership.
Spacely Sprockets ordered 1,000 10-inch cogs from Cogswell Cogs to be delivered by July 15. On July 5, Cogswell delivered 1,000 12-inch cogs. Under the UCC, which of the following options does Cogswell have to cure the imperfect tender if, on July 6, Mr. Spacely informs Mr. Cogswell that the cogs are not usable?
Give notice of his intent to cure and deliver conforming cogs by July 15
What is the name of the exception to the fruit of the poisonous tree rule that allows evidence admitted if the government used good faith in obtaining it?
Good faith exception
In the Blank______ case, the Supreme Court recognized that certain evaluation techniques for employee selection could be administered uniformly to all candidates but still constitute a(n) Blank______ against certain protected-class members.
Griggs v Duke Power Co., built-in headwinds
lessee
In an equipment lease, the party with the exclusive right to possess and use the equipment during the lease term is the: ______.
lease
In a landlord-tenant agreement, the landlord gives the tenant a qualified right to possess and use the real estate for a specified period of years that is often spelled out in a written ______
grievance
In labor law, a complaint filed with or by a union to challenge an employer's treatment of one or more union members.
certify
In labor law, to recognize a collective bargaining unit as a union. The NLRB's certification process occurs when a legally sound election reveals a simple majority of pro-union votes.
Both an arbitrator's refusal to hear relevant evidence that prejudices a party's rights and bias against one's gender are grounds for setting aside an arbitrator's award.
Our actions should create as many positive results as possible while creating as little harm as possible."
What are reasons why an individual could be charged with an obstruction of justice charge
Lying to investigators inducing witnesses to refrain from cooperating with an investigation Altering documents
Act Now!, an organization devoted to voting rights, applied for a permit to protest the closing of polling places in poor neighborhoods. Genevieve, the head of the organization, wanted the protest to be on the lawn of the county courthouse. The county denied the permit on grounds that it would prevent people from accessing the courthouse. If Act Now! challenges this action in court, it will be reviewed by the judge using
Intermediate Scrutiny
Publishing a new rule in the Federal Register is the first step in the rulemaking process after research and study are performed.
True
public
Law that addresses the relationship between individual countries and international organizations is known as _____ international law.
Which of the following was completely banned in 1995?
Lead-based gasoline
Which of the following offers the least amount of rights because it allows only a qualified right to use real property in an exclusive manner for a limited period of time?
Leasehold estate
Which of the following requires that warranties be written conspicuously, in plain and clear language?
Magnuson-Moss Act
The _____________ Fraud Act criminalizes any fraud in which the defrauding party uses the mail or any wire, radio, or television to perpetrate the fraud.
Which of the following types of trademarks are likely to be rejected by the United States Patent and Trademark Office (USPTO)? (Check all that apply.)
Marks that are immoral Marks with scandalous matter Deceptive marks
lockout
The shutdown of a business by the employer to prevent employees from working, thus depriving them of their employment and putting economic pressure on the union's members before the union can do the same to the employer through a strike.
Thomas Jefferson wrote: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Which of the following ethical views does this most closely represent?
Natural law
The ______ monitors union elections for ______ and sets guidelines for fair labor practices.
NLRB, fraud
One of the first attempts at comprehensive legislation to address environmental regulation was the:
National Environmental Policy Act.
Which of the following regulates the CAFE standards?
National Highway Traffic Safety Administration
The employees of Ajax, Inc. are holding elections to determine whether to establish a union at their facility. The election will be monitored by the: ______.
National Labor Relations Board.
The Environmental Protection Agency (EPA) does not work with other agencies to carry out its duties.
True
Negligent
Negligence is about risk creation. Negligence is about unconsciously creating risks. The test is completely objective, namely that the actors should have known, even though in fact they did not know, they were creating risks. Also has to create "substantial and unjustifiable risks."
An individual could be charged with ______________ of justice if caught lying to investigators, altering documents, concealing documents, or inducing witnesses to not cooperate with a lawful investigation.
Obstrution
Which of the following are used to justify the search incident to arrest exception?
Officer safety Prevention of destruction of evidence
Which of the following is not an exception to the at-will employment doctrine?
Oral employment contract
Which of the following parties are not covered by the FDCPA?
Original creditors
creative element.
Original work, in order to receive copyright protection, must contain some ______
What are concepts as to why society punishes a criminal? (Check all that apply.)
To punish as a deterrent Rehabilitation of criminals through criminal justice system Removes dangerous criminals from society
Tamara, Alexander and Fatima start an LLC and desire to obtain partnership tax treatment for their venture. Which of the following is true
Partnerships do not pay taxes, Partners do. So each member will pay tax on their ratable share of tax attributes.
Which of the following creates a monopoly right that allows an inventor the exclusive entitlement to make, use, license, and sell an invention for a limited period of time?
Patent
statute
Patent rights are created by _____
Rachael approaches Wilmington with the idea of starting a charity soup kitchen. Wilmington agrees to rent a parcel of real estate to Rachael for $1 per month on a month-to-month basis. The next day, Wilmington gets an offer to purchase the property for twice its market value on the condition that Wilmington convey the real estate within five days. Wilmington tells Rachael to vacate the premises immediately. What type of ownership interest does Rachael have the parcel?
Periodic tenancy.
Which of the following is not a benefit of legal awareness for business owners
Permits a business to pay more taxes than is legally required
What is the name of the term for the doctrine that states that police do not violate the Fourth Amendment by viewing evidence that is out in the open?
Plain view doctrine
Which of the following is the least common patent? Plant Design Utility Business method
Plant
An Attorney wants to file a lawsuit. What will be the first stage of litigation for him?
Pleadings
Which of the following constitutional provisions gives local governments the power to pass ordinances?
Police power
a _________________ scheme is a fraudulent investment operation which pays returns on investments to existing investors from subsequent investors, rather than from any actual profits.
Ponzi
What is the term for a form of fraud where a corporation pays investors from their money instead of from actual profits?
Ponzi scheme
lessee
Potential tax advantages and the right to exclusive use without the expense of purchase are typically advantages in a lease agreement for the: ______.
What is the standard of proof needed for police to arrest a suspect?
Probable cause
substantial similarity
Proof of copied plots and structures could satisfy the _________ standard
What is the term for crimes that involve damage to or stealing of a property?
Property crimes
tangible
To receive copyright protection, the work must be in ______ form, such as writing, digital, video, and so forth.
_____ damages are intended in part to deter future conduct.
Punitive
______ are available only when a plaintiff proves that a private employer acted with malice, in retaliation, or with reckless disregard to the employment discrimination laws.
Punitive damages
What law makes it criminal to associate with an enterprise that participates in racketeering activities?
RICO
zones
Retail, industrial, and residential are examples of: ______.
Roddie is 30 years old. He was demoted from his job as a manager at Big Trucks, a company with 10,000 employees. He was replaced by Bambi, a 45-year-old. Roddie was told that he was a little too young for management. Under the Age Discrimination in Employment Act (ADEA), what are Roddie's options?
Roddie has no options under the ADEA
______ is a form of sexual discrimination prohibited by Title VII in the Oncale case.
Same sex harassment
Which of the following allows a law enforcement officer to search a lawfully arrested defendant's person without getting a warrant?
Search incident to arrest
The _____ regulates the sale of securities between investors after an investor purchased them from a business entity issuer
Securities Exchange Act of 1934
Which of the following pieces of federal legislation was passed to limit private party lawsuits filed with the intent to punish a misrepresentation of material fact regarding the purchase or sale of a covered security?
Securities Litigation Uniform Standards Act of 1998
Model Penal Code
Structure that is adopted by a substantial minority of states. It consists of four states of mind, ranked according to the degree of their blameworthiness: purposely, knowingly, recklessly, and negligently.
dress
Textures, shapes, and color combinations have been given trade ______ protection
Criminal conspiracy requires what to be proven?
That there was specific intent to achieve the conspiracy
Officer Jones is a policeman on a foot patrol. When he passes a group of three students, he smells what he believes to be the odor of marijuana even though he does not see any of the three students actually possessing it. He may conduct a limited pat-down search of the three students to determine whether any have marijuana on their person.
True
Becky wants to buy a car but cannot obtain a loan from the bank on her own. Lori agrees to be the co-signer on Becky's loan, on the condition that Lori would only be liable for the amount of the loan if Becky actually defaults on the loan. In this situation, Lori would best be described as a guarantor.
True
merchants
The CISG generally covers contracts for the international sale of goods between ______
ABC Corporation substantially copied a patent of XYZ Corporation. ABC did not precisely copy XYZ's patent as there was one element of ABC's device that performed substantially the same function but was not exactly the same as XYZ's patent. If XYZ sued for infringement, what doctrine would support XYZ's theory?
The Doctrine of Equivalence
Which of the following created the Food and Drug Administration?
The Food, Drug, and Cosmetic Act
FCPA
The Foreign Corrupt Practices Act (FCPA) of 1977 is a criminal statute that was enacted principally to prevent corporate bribery of foreign officials in business transactions. ex: Does this place US companies at disadvantage?
bribery
The Foreign Corrupt Practices Act was enacted to primarily combat the ______ of foreign officials by American corporations.
commercial transactions.
The European Court of Justice primarily decides issues and procedures dealing with _____
Self-Incrimination
The Fifth Amendment provides that no person "shall be compelled in any criminal case to be a witness against himself." An important element to this protection is that it is limited to custodial interrogations. Cops are allowed to lie to you unless you're under custody
Searches and Arrests
The Fourth Amendment to the U.S. Constitution protects individuals (and businesses) from unreasonable search and seizure. A warrant is usually required before a search takes place (with certain exceptions). A warrant for arrest is generally not required in order to take a suspect into custody.
the Netherlands.
The International Court of Justice is based in _____
Joint and several liability means that two or more parties are liable for an entire debt, either individually or jointly in any proportional combination.
True
Speedy Trial Act
The Sixth Amendment provides that in all criminal prosecutions the accused shall enjoy the right to a speedy trial.
Many express warranties are made through advertisements.
True
gap, fillers
The UCC provides _______ ________ when there are missing provisions under a UCC contract.
The source of warranty law is
The Uniform Commercial Code
Possession of collateral by a secured party is a valid method of perfecting a security interest.
True
Prior to the passage of the Sarbanes-Oxley Act, auditing in the accounting profession was self-regulating.
True
first inventor-to-file
The idea that the first inventor to file a patent application is given the patent is the ______ rule.
Mike has written a novel. When, if ever, would Mike's novel be copyright protected?
The novel is copyrighted automatically after completion.
Michelle is driving at night when a policeman pulls her over for a blown taillight. When he approaches the car, he shines his flashlight into the car and sees a bag of white powder on the back seat. The officer orders Michelle out of the car and then reaches in to seize the bag. A quick examination leads him to believe that the bag contains cocaine. He arrests Michelle and takes her to the station. Was the officer's search legal?
The officer conducted a legal search of areas which were openly visible because he may look into the car and may use simple mechanical devices, such as a flashlight, to aid his search without a warrant.
When an employee returns from FMLA leave, what rights does the employee have regarding pay and position?
The pay must be the same, in the same or a similar position.
life tenant
The person who has a life estate interest is known as the _____
state statute.
The primary source of law governing real property ownership is:
A local correctional facility places a newspaper advertisement to fill the position of a prison guard. Lara, an applicant, is not selected, despite having met the selection criteria. The employers did not select Lara because they believe that women are incapable of withstanding the emotional stress of the job. If Lara sues the company for discrimination, which of the following theories of discrimination would she most likely pursue as a plaintiff?
The theory of disparate treatment.
Identify the federal protections that the growing labor movement in the early 1900s forced the federal government to legislate.
The working conditions of industrial employees Child labor laws Unionization
11
There are ______ INCO terms total.
What are the elements of criminal fraud?
There were damages associated with the false representation. A party relied on the false representation. There was a false representation.
Austin contracted to paint Nygee's house. Nygee specified a certain brand of paint that she always used on her house. She told Austin that her great grandfather had founded the paint company. Austin secretly used a different brand of paint because he got a half price deal on it and could increase his profits by $1,000. He never told Nygee what he had done. The paint Austin used was similar in quality to what Nygee had ordered, there was no material variation in that, and the job looked good. However, it was not per Nygee's intentions. Nygee found out when she saw the brand of the paint that Austin's secretary had inadvertently typed on the invoice. Nygee refused to pay. Austin has claimed he substantially performed and sued for payment. What result?
This is not substantial performance because Austin did not act in good faith
Disparate treatment by an employer is discrimination under: ______.
Title VII of the Civil Rights Act of 1964
What is the purpose of a preliminary hearing in a criminal case
To allow the judge or grand jury to determine if there is probable cause to hold the defendant over for trial
unique; original
To be granted a patent, the invention or process must be ______ and ______.
artners seek the protection of the Limited liability partnership (LLP) form of business to deal with the
To compartmentalize partnership liabilities generated by acts of other general partners and/or the debts of the partnership itself and protect each partner's individual assets.
reasonable
To prevent the loss of trade secret protection an owner must take ______ steps to keep the information secret.
design
To protect product _____ through trademark protection laws, a business must overcome any notion that the design purpose was to allow the product to function properly rather than as a distinctive trademark.
state statutes and state common law.
Trade secrets are usually protected by _____ and _____
_ protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.
Trademark
blurring
Trademark dilution through ______ occurs when the distinctive quality of a mark is identified with goods that are not alike.
Which of the following was designed to limit motor vehicle emissions?
Transport and Air Quality Program
Exclusionary Rule
Trial courts are required to exclude presentation of any evidence that is obtained as a result of a constitutional violation. If you're allowed to search the floor for stuff and you find weed in a locked attic, that cannot be used as evidence because you were not supposed to search the attic
A municipality is typically divided into zones in which only certain uses of the land are permitted, such as industrial, retail, and residential uses.
True
Widget Co. violated the Foreign Corrupt Practices Act (FCPA), after its application for doing business in Venezuela was denied by a government official, when it hired the government official's brother as a consultant to handle the permit process and paid the consultant a reasonable fee and reasonable expenses and after the permit was granted, sent the consultant a case of California wine.
True
Workers' compensation provides benefits for workers who are injured on the job.
True
legal defense renders a contract unenforceable, even though it has the necessary elements of a valid contract
True
f
True or false: All prominent bodies that administer international arbitration use the same arbitration rules.
F
True or false: All types of trade secrets are protected by either patent or copyright laws.
F
True or false: Copyright holders have complete and exclusive rights to their protected work.
f
True or false: Registration of a mark is automatic.
F
True or false: Reverse engineering of a product constitutes misappropriation of a trade secret.
Not fair use. Commercial nature, profit motive, amount of substantially used, and market affect would bar any use of the fair yeast offense in this case
Which of these situations would constitute fair use? Are you firm that arranges corporate training sessions buys A DVD that features former General Electric CEO Jack Welch speaking on problem-solving skills for executives. The firm shows 30 minutes of this DVD at the beginning of each of its eight hour training sessions called "solutions for solving" For which it charges $500 per person for the entire session
Covered by fair use. Limited amount used, non-commercial use, and minimal market effect support the fair use defense
Which of these situations would constitute fair use? A manager a photo copies an article of interest From the wall street journal and distribute it to three coworkers who also may be interested
Customs
Which primary source of international law follows the principle that individual conduct is permitted unless expressly forbidden?
Which of the following would account for circumstances where a court would most likely find that the fair use doctrine will not be a sufficient defense for copyright infringement?
Value of the copyrighted work is diminished by the use
Rocket Corporation's slogan was "Treat customers and the world with respect." This principle informs Rocket's strategies and plans and guides employees. According to the text, this is an example of:
Values management
What is the term for crimes in which the perpetrator used force?
Violent crimes
mployee privacy for telephone calls and ____________ _____________ is protected by the Electronic Communications Privacy Act
Voice Mail
Swineburne's interest is in the form of a periodic (month to month) tenancy. therefore, Carrol must give Swineburne at least one month's notice before terminating the lease.
WHAT IS SWINBURNE'S OWNERSHIP INTEREST? Swineburne approaches Carrol with the idea of starting a charity soup kitchen. Carrol agrees to rent a parcel of real estate to Swineburne for $1 a month on a month to month basis. the next day, Carrol gets an offer to purchase the real estate parcel for twice its market value on the condition that Carrol convey the real estate within 5 days. Carrol tells Swinburne to vacate the premises immediately
Swineburne's ownership was in fee simple defeasible (restricted by Carrolls "provided that" language in the agreement) when he violated the restriction, the ownership rights reverted back to Carrol
WHAT IS SWINBURNE'S OWNERSHIP INTEREST? Swineburne approaches Carrol with the idea of starting a charity soup kitchen. Carrol denotes a parcel of real estate to Swineburne by providing this agreement:"I convey this parcel to Swineburne in fee simple provided that it be used for charitable purposes." Swineburne uses the property to build a luxury resort hotel.
The Fifth Amendment protection of self-incrimination applies under what circumstances? (Check all that apply.)
When a suspect is being investigated by law enforcement and can refuse to provide additional information When a defendant is on trial and may refuse to testify against themselves
industry customs, market value
When determining a reasonable price under the UCC, the court will consider which of the following:
reversion
When property reverts back to the original owner because certain restrictions have been violated, the original owner is said to have the right of: ______.
No Electronic Theft Act
Which of the following imposes criminal sanctions for violations of the Copyright Act?
Life estate
Which of the following is an ownership interest that lasts for the lifetime of a particular person?
acceptance will be effective even if acceptance does not exactly match the offer
Which of the following is correct about acceptance under the UCC?
Comity
_____ is the notion that nations will defer to and give effect to the laws and court decisions of other nations.
Condemnation
_____ proceedings are typically invoked to enforce the power of eminent domain.
Religious
_____-based legal systems are based on religious beliefs and ideas.
Private
______ international law addresses the regulation of individuals and business entities.
Adverse
______ possession applies to personal property held for the required statutory time period.
Trademark
______ protection is designed to prevent others from fooling customers into thinking that a product is produced by the mark holder.
zoning
______ regulations typically establish districts for property use.
utility
_______ patent applies to the invention of any new or useful process, machine or article of manufacture.
plant
_______ patent covers the invention or discovery of asexually or sexually reproducible plants.
Securities laws promote
disclosure
Which of the following categories is for agency action that has the potential for significant impact on the environment?
Environmental impact statement
substantial; legitimate
Environmental laws and regulations are typically lawful so long as they advance a(n) ______ and _______ state interest.
The ADA amendments to 2008 (ADAAA) urges courts to:
interpret the definition of disability more broadly
Airspace rights do not include: ______.
preventing airplanes from flying over one's property.
to obtain title through adverse possession you need to prove:
-open, notorious and visible (owner had knowledge) -exclusive and actual (has exclusive control of property and did not share control or possession of property with true owner or public) -continuous (had property for time set by state or common law. usually 15+ years or shorter if they pay taxes on the property - cannot abandon property)
Misappropriation
1. the acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means 2. any disclosure or use of a trade secret of another without express or implied consent
Which of the following describes a seller advertising a product for sale at a particularly good price, but the seller has no intention of selling this advertised product. Instead, he tries to get the customer to purchase a higher priced item.
Bait and switch
-trading laws prohibit corporate insiders from trading in their corporation's stock based on inside knowledge.
Blank 1: Insider
Identify the following entities who have passed laws to protect employees.
Congress and state legislatures
Constantine and William are in business selling cell phones. Both have contributed $10,000 to the business. Constantine runs the day-to-day operations of the business partnership and makes the decisions on its direction. Constantine and William signed a partnership agreement stating that William would be liable for debts of the partnership only up to his $10,000 contribution. Which is true of this arrangement?
Constantine is a general partner, and William is a limited partner.
Which of the following sources of federal legislation is considered the centerpiece of consumer credit transaction protection?
Consumer Credit Protection Act
True or false: All types of trade secrets are protected by either patent or copyright laws.
False Reason: Many types of trade secrets may not be protected by such laws.
The Magnuson-Moss Act requires a label with warranty conditions to be placed on all products that cost $10 or more.
True
A corporation may be a Manager of an LLC.
True
Treaties
Which of the following is defined as any agreement between two or more nations to cooperate in a certain manner?
European Court of Justice
Which of the following sits in Luxembourg and is composed of judges from each member country?
International Monetary Fund
Which of the following was established in part to promote stability of world currencies?
London Court of International Arbitration
Which of the following, according to its rules, is exclusively allowed to appoint arbitrators?
A mark holder may _______.
collect damages from an infringer
A finder of lost property typically obtains title by possession, except as it relates to the: ______.
actual owner.
When the infringing device does more than is described in the patent application of the protected invention, the rule of _ applies.
addition
"This chair is made of 100% walnut wood" is an example of
an express warranty
"This chair is made of 100% walnut wood" is an example of
an express warranty.
The Americans with Disabilities Act (ADA) restricts required medical exams for job candidates until after: ______.
an offer is made that is contingent on the exam
A real word that is part of a mark, but has nothing to do with the word's literal meaning is called a(n) _ mark.
arbitrary
After certification, the union and management will engage in ____________ _____________ to reach agreement on contract terms.
collective bargaining
Under the McDonnell Douglas standard, the ______ requires a shift to the employer once the plaintiff has established a prima facie case.
burden of proof
Under the McDonnell Douglas standard, shifting of the ______ requires the employer to prove nondiscriminatory reason for the evidence against it.
burden of proof
Double jeopardy is a doctrine in criminal law that means that a defendant
cannot be prosecuted twice for the same offense.
the __________ exclusion category is for those agency actions that have little to no impact on the environment.
categorical
If a simple majority of employees vote to accept unionization, the NLRB will ___________ the collective bargaining unit as a union.
certify
Theophilus sued the Department of Train Punctuality (DTP) for alleged failure to enforce their own regulations, which resulted in thousands of dollars of losses to his business. Which of the following would this action be known as?
citizen suit
The requirement that executive performance bonuses be retroactively forfeited back to the company if the bonuses were tied to any financial reports that are later deemed false or issued without proper controls is the: _______.
clawback provision.
Smith & Co. has no unions, but the manufacturing employees want to address their common interests with the company as a group, rather than as individuals. To do so, they will first form a: ______.
collective bargaining unit.
The ability of workers to organize labor unions and engage in ______ is protected by the National ______ Act.
collective bargaining, Labor Relations
Affirmative action plans by state and local governments must not use a quota system and must be designed to: ______.
combat actual past discrimination
When the EPA enters into a ______ with a PRP, the PRP has ______ third parties such as transporters, other polluters, and municipalities to recover a portion of the cleanup costs related to the polluter's action.
consent decree, the right to sue
Which of the following stands for the proposition that a contract must involve both sides receiving and giving up something of legal value?
consideration
Cause in fact (part 1-element of causation)
consists of the objective determination that the dependent's act triggered a chain of events that ended as the harmful result, such as death in homicide.
Legal cause (part 2-element of causation)
consists of the subjective judgment that it's fair and just to blame the defendant for the bad result.
All of the following are primary functions of federal agencies except
constitution-interpreting.
A(n) is one who purchases or leases a good with the intent of using it for personal reasons.
consumer
If the finder of fact finds that the prosecutor has proven that the defendant is guilty, this results in a(n)
conviction
Literary works, dramatic works, and sound recordings are examples of works that can be protected by _
copyrights.
To collect workers' compensation benefits, a worker's injury must have occurred within the ___________ of employment.
course
An employee who is covered by the provisions of the FLSA is also classified as a(n) ______________ employee.
covered
Unless an employee is clearly exempt from FLSA coverage, she should be classified as a __________ __________ employee under FLSA provisions until such time as the employer has legal assurances that the employee is exempt.
covered; nonexempt
BP was subjected to both civil __________ and penalties in connection with its liability for the Deepwater Horizon oil spill.
criminal
The SEC rule restricts companies from raising more than $1 million per year through ______ sources
crowdfunding
Courts have made it clear that the Bona Fide Occupational Qualification (BFOQ) defense cannot be used in cases involving:
customer preference. paternalism.
Designs, colors, and shapes of products help
customers create a link to a particular product.
Designs, colors, and shapes of products help:
customers create a link to a particular product.
easements can be created in one of 3 ways:
express grant (expressed in writing in property deed) implication or necessity (property is landlocked between others and owner must cross) prescription (gained through adverse possession)
Failure to give notice of patent protection may result in the inability to collect ______ against patent infringers.
damages
Warranties can be
express or implied.
Ian was a shareholder of National Corporation (NC), a publicly traded corporation. He brought a lawsuit against Tenielle, the president of NC, in the name of NC itself. Ian is alleging that Tenielle breached her duty of loyalty to NC. This is known as a/an
derivative action.
Marks that make specific references to qualities, features or characteristics of a product or service are considered _.
descriptive
Which of the following is not eligible for immediate trademark protection?
descriptive trademarks
The Consumer Financial Protection Bureau promulgated new rules to make _______ more transparent
disclosures in a residential real estate closing
A trademark that identifies the source of a particular product is said to be _.
distinctive.
The use of a mark by competitors threatens the mark's
distinctiveness
The Employee Polygraph Protection Act (EPPA) prohibits private employers from using polygraph (lie detector) tests: ______.
except when investigating theft or economic loss.
Employees not covered by the FLSA because they are expected to be able to bargain for their own working conditions and pay are called: ______.
exempt employees.
The employment-at-will doctrine
exists in some form in every U.S. jurisdiction
In a disparate treatment case, the plaintiff employee has the initial burden of establishing a pretext of employment discrimination.
false
The federal law that provides leave for employees to care for family members without losing their seniority or promotions is the: ______.
fmla
All of the following would be examples of factors involved in creating a hostile work environment, except:
following the employer's code of ethics.
Protection against trade secret misappropriation lasts how long?
for as long as the firm exists.
The management teams of labor unions are covered ____________ and corruption under the Labor-Management Reporting and Disclosure Act.
fraud
The management teams of labor unions are covered by a series of reports and checks to prevent ____________ and corruption under the Labor-Management Reporting and Disclosure Act.
fraud
Which of the following mark categories cannot be registered as a trademark: generic descriptive with no secondary meaning fanciful descriptive with a secondary meaning
generic descriptive with no secondary meaning
A condition for a defense to Superfund liability under the Small Business Liability Relief Act is that the owner: ______.
has taken steps to limit the impact of contamination
Under the Consumer Review Fairness Act, a business may not
have a contract allowing them to sue a consumer for posting an honest negative review of them.
In order to qualify for an accommodation under the ADA, a person must: ______.
have a documented disability
Chemical compounds and other inherently toxic substances are examples of: ______.
hazardous waste
Under the PPACA, individuals whose employers do not provide them with health insurance may purchase insurance through a(n) __________ _________ _________ that is set up by individual states.
health care exchange
When employees who strike over a perceived unfair labor practice, rather than for economic reasons, return to work, they are entitled to: ______.
immediate reinstatement with back pay.
A(n) ______ contract may be created when a reasonable person would believe from an employer's actions that the employer intends to protect the employee from termination without cause.
implied
The defense of mental incapacity is also called the __________ defense
insanity or insane
Greatest Hotels can no longer pay its obligations in the normal course of its business affairs. Greatest Hotels is consider to be
insolvent.
Copyright protection is a(n) _ _
intangible right.
Patents are classified as Blank______ property.
intellectual
Smallwood
intent to kill. evidence was insufficient.
rule of omission
invention lacks an essential element of the patent application, infringement has not occurred
The recording industry association of America (RIAA)
invested substantial resources in tracking down and recovering damages from individual infringers
The key to determining whether the property is lost or mislaid is the element of:
involuntariness.
The state of Massachusetts passed a law requiring all commercial trucks driving on Massachusetts highways to install special pollution scrubbers on their exhausts. These devices cost $1,500 per truck and any truck entering the state must have the scrubber installed or the driver is subject to a large fine. Massachusetts has justified this regulation on grounds of air quality health for residents and alleviation of global warming. This Massachusetts law
is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden
Velazquez v. State
is it fair to blame Velasquez? No, a policy question--its a value's choice.
People v. Armitage (1987)
is it fair to hold driver of the boat criminally responsible for death os his passenger? the intervening act is dependent on the chain of events created. "an unforeseeable intervening cause, an extraordinary..."
A(n) ____________ relationship is where a creditor lessor gives possession and use of equipment or a motor vehicle to a consumer debtor in exchange for monthly payments over a specified period of time.
leasing or lease
Registration of copyrighted work allows the owner _____ methods for enforcing the copyright.
legal
The NLRA allows employers to ____________ employees from the facility in order to bring economic pressure to bear to encourage negotiation.
lockout
n employer may shut down the business, or __________ the employees, in anticipation of a strike in order to put economic pressure on the union to negotiate.
lockout
To assert the innocent landowner defense in order to avoid cleanup liability under the Superfund law, the landowner must prove that he: ______.
made all appropriate inquiries into the previous ownership
Defenses (2 major, 2 less common)
major: 1. self-defense: need to be in fear of imminent harm, suspect cannot be retreating at the time of the act 2. mental incapacity: if you did not understand the effects of your actions less common: 3. duress: if someone holds a gun to your head and tells you to do something illegal, that may be a defense 4. intoxication
Descriptive Marks
makes specific reference to features, qualities, characteristics of a product. After Tan( moisturizing lotion for use after sunbathing) etc.
Sean, Gertie and Manfred formed a limited liability corporation (LLC) and each became a 1/3rd Member. The Members appointed Manfred as Manager. The Manager has the sole authority to operate the business. This type of LLC is known as
manager-managed LLC
A(n) ________________ provided by the employer that outlines protections not available under at-will employment may create an implied contract.
manual
One relatively controversial part of the Clean Air Act is the law's: ______.
market-based approach
Arbitrary or fanciful marks
marks that has no direct connection to the product. Arbitrary mark is a real word being used as a part of mark that has nothing to do with the word's literal meaning. Fanciful mark is a mark that centers upon a word made up with the intention of being used as a distinctive term
Carla worked for Schmuckco and was fired. In retaliation, she downloaded several hundred pages of secret Schmuckco marketing plans for the upcoming year and sold them to HiTech, Inc., a competitor of Schmuckco. Carla has engaged in
misappropriation
The use of a trade secret by one who knows or has reason to know that the secret was acquired by improper means is
misappropriation.
found property categorized in 4 ways:
mislaid - owner intentionally places property somewhere then forgets later lost - owner unintentionally parts with property through careless or neglect abandoned - owner thrown away or voluntarily forsaken property treasure trove - found property if it verifiably antiquated and has been concealed for so long as to indicate owners probably dead or unknown
If Amanda leaves a restaurant but forgets her cell phone on the table she was sitting at, the cell phone is characterized as:
mislaid.
Iggy placed his guitar in a spot backstage, intending to retrieve it after the concert, but he forgot about it and headed back to the hotel later to party with other members of the band. Under the common law of found property, Iggy's guitar would be
mislaid.
The Consumer Product Safety Commission does not protect the following consumer products:
prescription medicine
Aria contracted to purchase Vikram's custom 1957 Chevy Bel Air car for $50,000, with payment and delivery of the car to be made five days after the contract was made. Two days later Aria heard that Vikram was going to sell the car to Barathi the next day for $60,000. If Aria really wants the Chevy, what should she do?
mmediately seek injunctive relief.
An employee should expect that usage of the company's computer system may be
monitored, tracked, recorded, observed, or supervised
The substantially younger requirement generally means that the age difference: ______.
must be at least ten years
The bespeaks caution doctrine affords a defense for an issuer who included __________ disclosures in the prospectus.
narrowly tailored cautionary
Once a trademark is registered, the holder has rights _.
nationwide.
When agency action falls in the environmental assessment category, the agency must produce a public document containing the: ______.
need for the action, alternatives, and the environmental impact.
Sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. It fell to the ground and landed on Gardner, a visitor to the construction site, injuring him. What category of tort is this?
negligence
An ________ is the interference with the use and enjoyment of one's property.
nuisance
Noises and foul odors are common types of
nuisance
Noises and foul odors are common types of
nuisances
The doctrine of equivalence came about due to the abuse of the rule of _.
omission
Crimes that involve offensive or disorderly conduct in public are called public ___________ crimes.
order
Geoff and Matilda formed an LLC. Their LLC will be most likely be treated as a __________ for tax purposes.
pass-through entity
Laws of nature and natural phenomena are not patentable under the
patentable subject matter standard.
The public policy exception is generally limited, but may cover circumstances where an employee has been terminated for acting in the public good while on the job, for example: ______.
preventing a violent crime refusing to commit an illegal act exercising a legal right
Wetland preservation ordinances that restrict a landowner's right to develop, fill or dredge land are legitimate exercises of a state's: ______.
police power
A key component 10b5 of the Insider Trading and Securities Fraud Enforcement Act is the investor must
possess significant nonpublic information material to the stock
Securities may not be sold or marketed during the preregistration and __________ Periods
prefiling
The purpose of a(n) _____________ hearing is to make the prosecutor in a criminal case present enough evidence for a judge or grand jury to determine whether sufficient probable cause exists to hold the defendant for trial.
preliminary
In a case where Davey sues Rockridge Corporation for selling him defective software that crashed his network, the standard used to decide the case will be _______, in a case where Davey is prosecuted for being a minor in possession of alcohol, the standard used to decide the case will be _______.
preponderance of the evidence, beyond a reasonable doubt
An exemption that allows the issuer to accept investments only from those who meet the standards of an accredited investor is known as a(n) __________ placement
private
FUTA: ______.
provides benefits to those who suddenly lose their jobs. is paid for by taxes on employers. is a federal law administered by the states.
Accounting firms that audit ___________ companies accessing capital markets are subject to oversight by the Public Company Accounting Oversight Board.
public
Building public highways and public hospitals are examples of ______ use.
public
The ______ exception to at-will employment is recognized when employer actions would harm the general public's well-being.
public policy
Even if an employee does not meet the ADA definitions, she may still be protected
regarded-as
Cybersquatting describes the practice of
registering multiple domain names and then selling them back to companies at inflated prices.
Which of the following is (are) true regarding copyright registration __________.
registration allows the owner to seek damages for infringement registration is not required
The Truth in Lending Act covers creditors that
regularly engage in extending credit for goods and services.
Many states have passed ______ which prohibit employees from being required to join unions or contribute to certain union costs.
right-to-work laws
Rights that allow for the reasonable use of any streams, lakes, and groundwater that are fully or partially part of a landowner's real property are termed ______ rights.
riparian
he PSLRA safe harbors also protect those alleged to have misrepresented material facts to investors in a securities trading context that results in a private action brought by investors under Section 10(b) and ______.
rule 10b-5
When an employee returns from FMLA leave, the employee must be reinstated at the_______rate of pay.
same
The PSLRA investors face an additional hurdle of proving ______ as an essential element of a fraud case.
scienter
In the __________ market, the trading of already-issued securities does not raise capital for the issuing business; instead, investors sell to other investors in hopes of making a profit or avoiding a los
secondary
To get protection under the Lanham Act, the holder of a descriptive mark must prove that the mark has:
secondary meaning.
Federal antidiscrimination statutes allow a defense for employers using actual number of years on the job (referred to as ______) as the basis for certain job decisions.
seniority
The Family Medical Leave Act, or FMLA, allows employees to take leave to care for family members without losing their:
seniority
For an employer to assert the _____ defense, the system must be based on objective elements of actual number of years on the job, and the employment decisions must have been made in ______ and pursuant to that established objective system.
seniority, good faith
Laws passed by state and federal legislatures that require courts to assess certain penalties and restrict judicial discretion are called ___________ Guidelines
sentencing
Crowdfunding taps into the investment community wishing to make ______ investments.
small
Drug and alcohol testing of employees is typically governed by ______law rather than federal law
state
Butler was shopping at Grocerymart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________________.
statute of limitations
Patent
statutorily created monopoly right that confers on an inventor the exclusive right to make, use, license, and sell her invention for a limited period of time
With _____________ liability offenses, the mental element of a crime is assumed by the conduct or action.
strict
A federal cause of action provides for federal court to have jurisdiction over a lawsuit.
subject matter
Registration of a trademark is
subject to an approval process through the U.S. Patent and Trademark Office.
Self-defense may be a successful defense to a charge of homicide if the defendant, while repelling an attack, reasonably feared: (Check all that apply.)
substantial harm. death.
To help define the term "copy" as it pertains to copyright laws, courts have developed the
substantial similarity standard.
A landowner's right to any natural gas within the soil is ensured by ______ rights
subsurface
Under the FDCPA, a consumer may a collection agency directly as well as recovering attorney fees.
sue
Asianna, Barry, Corrina and Dontelle are members of ABCD, LLC. After three years ABCD closed. The bank that extended them a loan sued for repayment of $100,000. No Member signed a personal guaranty. The bank may
sue neither the LLC nor Asianna, Barry, Corrina or Dontelle because an LLC and its members are sheltered from lawsuits due to limited liability rules.
For the Magnuson-Moss Act provisions on warranty labels to apply, the product being warrantied must cost at least _________ dollars.
ten or 10
A mark's initial registration period is:
ten years
The three most common theories and attendant tests under Title VII are sometimes referred to by their case names, including all of the following: ______.
the McDonnell Douglas standard (disparate treatment) the Griggs standard (disparate impact) the Hopkins standard (mixed motives)
The contract for the lease of a fleet of delivery trucks, which would be considered equipment, to FedEx by Ford Motors would be governed by
the Uniform Commercial Code
Federal government employees have statutory protection from at-will terminations under: ______.
the Whistleblower Protection Act of 1989
The ADA is a source of law that tries to eliminate discrimination against: ______.
the disabled
An injured worker may bypass the workers' compensation system when
the employer acts with reckless disregard for the employee's safety
The Park doctrine allows the government to bring criminal charges against corporate officers based on the concept of:
the responsible corporate officer doctrine
The _______ factor allows a court to first analyze whether the work in question has added new expression or meaning to the copyrighted work.
transformative
A(n) _____________ is an entity that moves hazardous waste from one site to another by ground, air, or water transportation.
transporter or transport
Employers can campaign against unionization under which circumstances:
under regulatory restrictions
