Test 2,3,4 BL

This states that the judicial branch of one country will not examine the validity of public acts committed by a recognized foreign government within the latters own territory.

Act of State Doctrine

What must be included on labels and packages according to the law?

All of the Above

Which of the following is considered a disability under the Americans With Disabilities Act?

All of the above would be considered disabilities

Mr. Smith owns an apartment complex but one of his tenants leaves with 6 months left on his rental agreement. By law, Mr. Smith is required to try to rent out this apartment and thus reduce the amount of his damages according to this concept

mitigation of damages

Mike hires Artie to kill his wife for a fee of $10,000 because she is cheating on him. Would this be a valid contract?

no because it does not have legality

Martin owns stock in Wal-mart, a publicly held corporation, and is therefore an owner. If wal-mart goes bankrupt and the creditors start to collect, can they ask Martin to help repay the company debt out of his personal assets (beyond what he paid for his stock)?

no because stockholder, owners of corporations, have limited liability

Ms. Johnson purchased an inflatable castle for her daughters birthday party. On the day of the party, the castle would not inflate and the company refunded her money but she wanted more restitution because the party was "a failure". The judge might grant this type of damages even though there was no money loss but they would probably be small.

nominal

The Fair Debt Collection Practices Act says that creditors cannot

none of the above are allowed based on the act

If Claire has an apple tree near her property line and it regularly drops apples into Bill's yard. If Bill did not want the apples in his yard,. This interferes with Bill's rights to maintain his lawn so he could file a lawsuit claimming that Claire's tree is a

nuisance

Tamack LLC, when creating their company created an agreement containing provisions related to management, how profits are divided, the transfer of membership interest, & how to dissolve the businss. This agreement is called _________________.

operating agreement

Swell Stuff Corporation sells consumer products. Generally, the labels must use words as they are

ordinarily understood by consumers.

Standard Corporation terminates Tom, who sues on the basis of age discrimination. To succeed under the Age Discrimination in Employment Act, Tom must show that at the time of the discharge, he was

over 40

This form of business exists when someone represents themselves as a partner when no actual partnership exists. Owners may still be liable for this partner.

partnership by estoppel

Jack & June own a partnership. They have to pay income tax individually but the company its self does NOT pay tax because it is considered this

pass-through entity

Fast Jack's is a fast-food restaurant. To verify Fast Jack's compliance with statutes governing employees' wages and hours, its personnel records should be checked against the provisions of

the Fair Labor Standards Act.

An Australian seller and a U.S. buyer form a contract that the buyer breaches. The seller sues in an Australian court and wins damages, but the buyer's assets are in the United States. If a U.S. court enforces the judgment, it will be because of

the principle of comity.

Business Abroad, Inc., a U.S. firm, obtains a judgment in a U.S. court against Quang Tri, Ltd., a Vietnamese business. Whether the court's judgment will be enforced by a court in Vietnam depends on the Vietnamese court's application of

the principle of comity.

Jody agrees to act as guarantors on a loan made by Kevin. Kevin defaults on the payments and Jody has to pay. Thur this legal Right, Jody now owes the money to Kevin.

the right of subrogation

Big-Mart asks joe to sign an agreement stating that he will not join a union while he is employed at Big-mart. This is illegal and is called a

yellow dog contract

Jennifer (a female) believes she is being sexually harassed by her coworker Amanda (also a female). Could this legally constitute sexual harassment?

yes because same-sex harassment is considered sexual harassment

Stephen mows Lisa's yard every 2 weeks and she pays him when he is done. Even though they have never signed a written contract. Would this be a legal contract?

yes because they have created an implied-in-fact contract which is legally binding

Richard is a recovered alcoholic and tries to get a job with BBP Company. The vice-president of the company knows his past and refuses to hire him because of this. Richard could sue the company for violation of this act.

American's With Disabilities act

Ms. Turner, a teacher at Southern Union Community College, see a newspaper article that might interest her students so she makes a copy for them to use in class. This is not considered a copyright violation based on this legal concept

Fair Use Exceptions Act

According to the Statute of Frauds, a contract for a transfer of an interest in land need not be in writing to be enforceable.

False

At the heart of agency law, this term means that partners have the duty to act primarily for anothers benefit by trust and confidence.

Fiduciary duty

Curt, personnel director for Digital Products, Inc., prefers to hire Asian Americans, because "they're smarter and work harder" than other minorities. This is prohibited by

Title VII of the Civil Rights Act of 1964

George wants to work for CMH company which is represented by union and under their union contract, he does not have to be a member of the union to be hired but he DOES have to join the union with 60 days of being hired. this is called

Union Shop

If Big Mart department store discharges Juliette and then publicly discloses embarassing information about her private-life to her co-workers, she could bring this type of lawsuit even though the company may not have violated any specific statutory laws.

Wrongful Discharge

Delta Company is a private, for-profit corporation that (1) was formed for the purpose of marketing business office software, (2) is owned by ten shareholders, (3) is subject to double taxation, and (4) has made no public offering of its shares. Delta is

a close corporation.

The first stop in forming a union is to get the relevant workers to sign these which state that the workers desires to have a certain union represent them.

Authorization cards

If Buy-More is advertising a very low price on laptops but then when you get to the store, they don't have any of those items and try to convince you to buy something more expensive, then Buy-More could be found guilty of using what illegal tactic?

Bait & Switch

Legislation that requires an employer to show that a particular skill is necessary for the performance of a particular job. Ex: hiring women attendants to work in women's dressing rooms.

Bona Fide Occupational Qualification (BFOQ)

Consolidated Waste, Inc., lays off fifty of its five hundred workers, including Don. Under what law, can Don continue his health insurance?

COBRA

Mr. Chandler is a supervisor at JC's Quarry and is dating his female employee, Susan. When Susan breaks up with Mr. Chandler, he decides to give her all the worst jobs in the quarry hoping that the work will become so intollerable that she'll quit. This is called

Constructive Discharge

If T-Shirt World shipped 100 pink shirts instead of the 100 blue shirts that the customer ordered, T-shirt world has the right to replace the shirts with the correct ones. This is called

Cure

Mike buys and registers a domain name "Ford.com" then offers to sell the name back to the registered name to Ford Motors for an extremely high price. This is illegal and is called

Cybersquatting

If Computer World ships 100 computers to Wal-Mart, but Wal-Mart take title ONLY after the goods have been delivered to the Wal-Mart warehouse as stated in the contract, they have used this type of contract.

Destination Contract

Unintentional discrimination based on practices that do not seem to be discriminative but adversely impact a protected group and are still illegal.

Disparate Impact

If Sam was intoxicated when he went to a bar, and the bartender continued to serve him alcohol, even though he was already intoxicated when he started to serve him, he could be in violation of these acts.

Dram Shop Acts

Reba works for Silo Storage Company and can have employment may be terminated at any time for any reason by the company or by herself under what concept?

Employment at Will

The state of Arizona plans to build a dam which will significantly impact the environment of the area of over 1000 acres of land and wildlife. They would be required to file this

Environmental Impact Study

A type of warranty that makes representations concerning the quality, condition, description or performance potential of goods.

Express Warranty

If Mr. Ford forms a Company in Alabama but is doing business in Georgia, then in Georgia, it would be considered a

Foreign corp

Bernard is a limited partner in the limited partnership with Rose and Boone. Which of the following would be true about Bernard's authority with the limited partnership.

He can not participate in the management of the company

An illegal action where employers agree not to use non-union goods of other employers.

Hot Cargo Agreement

In order to prove that you are legally allowed to work in the US, all employees must complete this form

I9

If Abby purchases a hotdog at a restaurant and the meat was rotten, she could sue the restaurant for ________________ because the food was not fit to eat.

Implied Warranty of Merchantability

Kay, who is hearing impaired, applies for a position with Local Company. Kay is qualified but they refuse to give her the job. To be able to sue under the Americans with Disabilities Act, Kay must show that

Local refused to make a "reasonable accommodation" for Kay.

Which of the following countries is NOT a part of the North American Free Trade Agreement (NAFTA)

Nicarauga

In general, are ideas protected by copyright laws?

No

This government agency is responsible for maintaing workplace safety and health

Occupational Safety and Health Administration (OSHA)

Danny, Tyler, Sammy and Tim open a business as co-owners and partners. Tim has an arguement and decides to leave the business. This process of one or more partners leaving the business is called

Partnership dissociation

Chris owns 50% of the stock of Best Corporation. If the corporation decides to sell an additional 10,000 shares of stock, then Chris has the right to buy enough shares of stock to maintain his 50% shares before the stock goes on sale to the public. This is called

Preemptive Rights

If Bill was found guilty of a crime and the jury awarded the victim an additional $10,000 to punish Bill and deter others from doing the same thing, this $10,000 award is called.

Punitive Damages

If the stockholders of The Box Corporation, Inc. did not receive any dividends, then the company probably invested the profits back into the company, called

Retained Earnings

Which of the following is NOT a protected class based on Title VII of the Civil Rights act of 1964?

Sexual orientation

Johnson's Furniture ships 1,000 desks to Southern College using A1 Shipping company. The desks become property of Southern College as soon as they are loaded onto the A1 Shipping Company trucks. This is what type of contract?

Shipment contract

If Ryland and Fletcher own land next to each other and Rylands resevoir broke which flooded Fletchers coal mine. Fletcher would be able to sue and win the lawsuit based on what type of liability.

Strict liability

If Kaci co-signs a car loan with tyler and becomes jointly (primarily) liable for the payment, this is called

Suretyship

What is the key advantage to a Limitied Liability Company (LLC)?

The owners have limited liability but pay taxes as a partnership

Delta Aircraft Company, a U.S. employer, may hire Ewan, a noncitizen, if Ewan is

a lawful permanent resident of the United States.

Cleaners & Solvents, Inc. (CSI), engages in deceptive advertising when it markets its product Dirt Remover as able to kill germs over long periods of time. In an action against CSI regarding Dirt Remover, the firm is ordered to stop its false advertising of Dirt Remover and other products. This is

a multiple product order.

Finnegan and Ewan want Dribble to replace Finnegan as a party to their contract. They can best accomplish this by agreeing to

a novation.

Ric and Skye contract for the sale of Ric's business. Skye makes a down payment, and Ric gives her the keys to one of his stores. Before the contract is fully performed, however, they agree to return the money and keys, and cancel the sale. This is

a rescission

Paco offers to pay Quik Delivery (QD) $50 if it picks up and delivers to him a package from his accountant Rupert within 30 minutes. QD can accept the offer only by meeting the deadline. If QD performs as directed, these parties will have

a unilateral contract.

Which of the following would NOT be considered a basis for determining the appropriate bargaining unit?

age

In order for a contract to be valid, it much have which of the following elements

agreement, legaility, consideration, & capacity

DTC Corporation has their coprorate headquarters in Georgia, but opened a facility in Mexico. The facility in Mexico would be considered this type of corporation.

alien

Clean water regulation is designed to protect the water by doing what?

all of the above

According to the Environment Protection Agency, who might be potentially responsible for the cost of cleaning up hazardous chemicals on a site?

all of the above are potentially responsible

Which of the following people would have legal "capacity" to enter into a contract?

an elderly person over 75

Fresh Air Filter & Purification Company and Big Box Commercial Storage Company enter into a contract. To be enforceable, the contract must be in writing if it involves

an interest in land.

Jennifer borrowed $2,000 from the bank to buy a new computer. She then looses her job and informs the bank of her intentions not to pay the remaining balance. In effect she has informed the other party in the contract that she will not perform the requirements of the contract. this is called

anticipatory repudiation

A lien placed on personal property so that a creditor can recover payment for labor and materials furnished in the repair of personal property. Ex: jeweler repairs a ring, but owner doesn't pay. Jeweler can sell the ring and keep the money.

artisan lien

Jason purchases a set of steak knives from Wal-mart. While using a knife to carve a turkey, he cuts off his finger. The manufacturer of the knives would use this defense in a lawsuit stating that he knew the knife was dangerous when he choose to use it.

assumption of risk

If a person who works for The Shoe Store creates a website and uses the word "shoe", "sneaker", and "sandal" as key words for people to search for, they have created

meta tags

As the Chief Executive Officer of Photo Corp, Ron makes the decision to sell cameras and it was a bad decision costing the company millions of dollars. Fortunately, this legal concept protects him liability of a business decision that goes bad If decision was reasonable, informed, made in good faith and the best interests of the corporation

business judgement rule

Whitney is pregnant and working for CCM company when they fire her. Under the Pregnancy Discrimination legislation, the CCM company can do which of the following

cannot fire her because pregnancy must be treated as any other protected illness

The United States has a common law legal system. Common law systems are primarily based on

case law.

McDonald's restaurants operates with a type of arrangement where each restaurant operates under a trade name and is required to follow standardized procedures & operation. this is what type of business?

chain-style business

PQD Corporation is deep in debt and wants to file a type of bankruptcy that will allow them to create a reorganization plan where debtor and creditors formulate a plan under which the PQD pays a portion of its debts and is discharged of the rest. this is called which type of bankruptcy

chapter 11

Wayne wants to file bankruptcy but he has a regular income who owe fixed unsecured debts. He must be a plan to turnover future earning to the creditor in order to file this type of bankruptcy (repayment).

chapter 13

Which of the following states that a person must be a member of a union before he/she can be hired at a company and is illegal?

closed shop

If The Shoe Mart order 100 pair of green sandals, but received 100 pair of blue sandals, they have not received

conforming goods

Jack ran a stoplight and wrecked June's car and injured her. She was unable to get to work for 6 weeks due to her injuries. Because her loss was indirect but foreseeable, they would be covered as

consequential damages

Offensive material that is distributed through electronics at work (computers, email, etc) are

considered sexual harassment under most circumstances

The graphics used in "Grave Raiders," a computer game, are protected by

copyright law.

An illegal action where the workers call a strike without permissioin or approval from the union.

wildcat strike

Many terms, such as elevator, gasoline, and zipper, were once trademarked names. Over the years, people began to use those names to refer to all similar products thus devaluing the trade name ultimately leading to them becoming generic names. This is called

dilution

Company profits returned to stockholders. Taxed as profit & as personal income.

dividends

If your website is www.suscc.edu then the main part of that is known as the

domain name

Canada, in sold steel in the US at a greatly reduced price in order to put the US steel mills out of business and increase their own market share. This is an illegal activity called

dumping

Marcia purchased a new car and they asked her to sign a waiver stating that they would be released from liability regardless of who was at fault in an accident or injury. This is typically an unenforceable clause called a ____________________

excuplatory clause

Niles's $2,500 debt to Owen is past due. To collect money from Niles's wages to pay the debt, Owen can use

garnishment.

George & Susan are partners so they both have implied authority to conduct ordinary partnership business but need unanimous consent to sell assets or donate to charity, this is called

general agency powers

the word "bicycle" no longer receives protection as a trademark (or brand name). It is now known as a

generic term

Tyler signed an agreement with the bank to make Danny's car payment ONLY if Danny, the principal, defaults, which makes Tyler secondarily liable. this is known as a

guaranty arrangement

Martin (a male), the receiving clerk feels like he is being sexually harassed by Samantha, a female UPS driver who regularly delivers to their shop. Martin complains to his manager, what is the managers responsibility here?

handle the disbute as a legitimate harassment claim becuase companies are required to protect employees even from non-employees

The Smith family is completely broke and so far in debt that they have filed bankruptcy and cannot pay their mortgage. Under this legal concept, they may be able to retain the family home in it's entirely or up to a specified dollar amount.

homestead exemption

Charlie and Hugo are partners in a business. Hugo makes a mistake that ends with a customer sueing him. According to this concept, the customer could also sue Charlie equally, even if he had not part in the mistake.

joint and several liability

If a teenager tried to sue McDonalds Restaurants because she got fat and unhealty from eating at McDonalds restaurant on a regular basis, McDonalds could use this defense against the lawsuit

knowledgeable user

Bob and Carol work for Delta Company. Bob is Carol's supervisor. During work, Bob touches Carol in ways that she perceives as sexually offensive. Carol resists the advances. Bob cuts her pay. Delta is

liable, because Bob's conduct constituted sexual harassment

Will, Daniel & Andrew are all shareholders in the corporation Pepsi, Inc. As stockholders, what type of liability do they have?

limited

This is a hybrid entity that combines the limited liability of a corporation and the tax advantages of a partnership.

limited liability company

This type of damages states that a certain dollar amount is to be paid in the event of future default or breach (like a late fee)

liquidated damages

This is a situation where the employer shuts down to prevent employees from working.

lockout

Which of the following is considered a LEGAL type of strike or action?

lockout

Limited Liability Corporations (LLC) can be managed in two ways. If the members decide to hire or elect a single manager to run the business, this is called

manager-managed

In this type of franchise, the franchisor transmits the essential ingredients or formula to make the product. Then markets the product to wholesale or retailers. Ex: Coca-cola

manufacturing arrangement

Consumer Finance Corporation (CFC) extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit discrimination based on

marital status.

Several pharmacuitical companies manufactured & sold a drug in the 1960's to prevent women from having miscarriages. 20 years later, it was found that those drugs caused the babies born to have a high rate of cancer later in their life. All of the companies that manufactured the drug would be responsible for paying out settlements to the suing parties based on this

market share liability

Chile has a civil (codified) law system. In theory, in this system, the courts

may not develop their own laws.

If a contractor paints Emma's house and Emma does not pay them, the contractor can take out this kind of lien on the house

mechanics lean

Jennifer is an owner of Flame, LLC., a limited liability company. As an owner, she is known as a(an)

member

Allen was a great basketball player and was nicknamed "the answer" by his friend Jamil. Later, when Allen became famous and the nickname was used for marketing purposed, Jamil tried to sue for a portion of the profits. The court ruled that Jamil's nickname was a gift and could not be considered a contract but was to be considered

past consideration

If you invent a new product, you would try to get a _______________ to be sure that no one else could produce or sell your product.

patent

When a court, in the interest of justice or fairness, holds shareholders personally liable for corporate acts & debt it is called

piercing the corporate veil

Joe is 14 years old. His parents get him to sign an agreement saying that they will pay him $1,000 if he will agree not to drink alcohol until he has reached the legal drinking age. This contract would be invalid because of what

preexisting duty

If James was injured by an exploding blender, he could sue the manufacturer even though he did not purchase the product because of

privity of contract

If someone is injured in a car accident due to a defective steering wheel, this is a liability incurred by

product liability

If several children were injurred while jumping on a trampoline at one time and performing various tricks together, and there were adequate warning on the tampoline including stick-figures so that even children could understand the warning, the trampline company could use this as a defense against a lawsuit

product misuse

Which of the following could NOT be bargained for by the union and management in contract negotiation?

product prices

Vern is a contractor soliciting bids to build an office in Oregon. Vern gets a bid of $50,000 from Russell Electric to do the electrical work and uses that dollar amount when he makes his bid to the state. Vern gets the contract and hires Russell to do the electrical work, but halfway thru, Russell says he need $100,000 to finish the job. In court, the judge ruled that Russell must to the work for $50,000 because Vern reasonably relied on his bid to complete the overall job. This is an example of

promissory estoppel

The U.S. Post Office is formed by the government to meet political or government purpose and is therefore this type of company

public corporation

The US governent allows only a limited number of Japanese vehicles to be imported into the US each year. This is called a

quota

If Joe's Burgers agrees to purchase all the softdrinks they need from coca-cola and no one else, this is what type of contract?

requirements contract

Which of the following is NOT considered an unfair labor practice by management.

requiring all the employees to attend a meeting on company time to hear the company views about unionization

In a landmark court case, a white male was denied admission into the univeristy of california even though his test scores were higher than minorities that were admitted. The courts ruled that this was a form of discrimination (discriminating against a majority group) called

reverse discrimination

The illegal strike or boycott is when the union boycotts a supplier or customer of the main company.

secondary boycott

The shareholders of a coporporation can sue a 3rd party on behalf of the corporation if the Directors fail or refuse to correct the wrong or injury. this is called

shareholders derivative suit

Jan opens a business as the only owner and has unlimited liability but hires about 25 people to work for her. She has opened what type of business

sole proprietorship

Quality Aluminum Corporation files a suit against Rite Tool Company, claiming that the consideration for their contract is inadequate. The court will most likely not examine the adequacy of the consideration if

something of value passed between the parties.

Jana ordered an antique, one of a kind automobile from Ebay. The seller later refused to send the automobile but offered to give her money back. Jana might choose to sue the seller and ask the court for this judgement because she cannot obtain the automobile from another source

specific performance

This is designed to make sure that sellers & manufacturers will not be left vulerable to lawsuits indefinately, but still allows buyers time to realize that they had suffered some injury or loss.

statute of repose

John cannot pay his rent today because the bank was closed due to the president's day holiday. This is an example of ______________ and is generally does not discharge a contract requirements.

subjective impossibility

The purpose of this piece of legislation is to regulare the cleanup of waste disposal sites in which hazardous waste is leaking into the environment. A special fund was created for that purpose

superfund

A car is this type of property because it is a good or product and is moveable

tangible property

Sam agrees to sell Sylvia his car for $5,000 on Friday. Unfortunately, on Thursday Sam wrecks the car and the vehicle is totalled resulting in the destruction of the contract subject matter. This contract would no longer be legal and would be terminated on what basis?

termination by operation of law

Greg and Holly work for Interstate Services, Inc. (ISI), as electrical engineers. Greg is paid more than Holly because, according to ISI, he is a man with a family to support. This is prohibited by

the Equal Pay Act of 1963

The uniforms that the waitresses wear at 'hooters" and other themed restaurants would be protected by this form of protrection

trade dress

Customer lists, secret formulas, and prices would get what type of protection from the competition

trade secrets

The name Coca Cola is a Distinctive mark, motto or device or emblem that a manufacturer affixes to the goods it produces and is called a

trademark

Which of the following is NOT a part of the Social Security Act of 1935

unemployment benefits

Contests, lotteries and other competitions are an example of what type of contract.

unilateral

Charlie is not a member of any union, but thee union where Charlie goes to work requires that he join the union within 90 days of his hire date. This is called a(an)

union shop

In a general partnership, the partners have what type of liability?

unlimited liability

f Desmond owns a florist and while making a delivery causes an accident that does $50,000 worth of damage to another person, what type of liability does he have and what is the result?

unlimited liability - he is personally responsible for the debt of the company

Which of the following would be granted under the Family Medical Leave Act

unpaid leave to stay with a sick child in the hospital for a week.

"Sammy's Title Pawn" charges 35% interest on all loans that it makes, thus exceeding the legal limit on interest. This is called

usury

Sammy believes that his company is illeaglly dumping toxic waste but he is afraid to report it because they might fire him. This is action would now be protected by law and known as

whistleblowing