BUL 3130 exam 1
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. T/F?
False
Equitable remedies are available to compensate inured parties in both civil and criminal lawsuits T/F?
False
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? Immediately sue for consequential damages Immediately seek injunctive relief. Immediately sue for specific performance Immediately sue for compensatory damages
Immediately seek injunctive relief.
In order to qualify for an accommodation under the Americans with Disabilities Act, employees must have a documented disability proof beyond a reasonable doubt of unlawful discrimination. a disability, but not one so severe as to substantially limit major life activities sufficient evidence of at least three unlawful disability-related discriminatory actions by an employer
a documented disability
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 a negligent tort a crime but not a tort an intentional tort nonfeasance
an intentional tort
Under the concept of Stare Decisis Prior court precedential court decisions must be followed even though a later court finds the result to be manifestly absurd or unjust Even later legislation cannot modify the results of future cases were precedent has been established Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and generally must be followed Prior Court decisions covering the same facts are precedential can never be decided in any other way.
Prior Court Decisions from courts of Appeal in the same jurisdiction are considered precedent and generally must be followed
The common law of torts is primarily intended to punish and deter wrongdoers compensate victims compensate tortfeasors define breaches of contract
compensate victims
The employment-at-will doctrine: has been abolished in most U.S. states applies in cases where an employee has an implied contract does not permit employers to fire employees unless they give them advance notice exists in some form in every U.S. jurisdiction
exists in some form in every U.S. jurisdiction
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 crime controller good cause employee just cause employee
whistle-blower
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. To impede business transactions by making managers second guess their decisions To gum up the works To Cause unnecessary budgetary leakage through over-billing
Assist clients to understand their legal rights and consequences of their actions in a business environment.
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 T/F?
False
Which of the following statements about organizational ethical systems is true? None of the answer choices are true Informal value systems standing alone may be too vague and impractical Prioritizing ethical values is a very different thing from engaging in values management. Codes of ethics and codes of conduct should never be included in the same document.
Informal value systems standing alone may be too vague and impractical
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 rational basis scrutiny None is required under the facts Strict Scrutiny Intermediate Scrutiny
Intermediate Scrutiny
Which of the following is correct of the UCC? It is binding on all commercial transactions It is federal law It applies only to agreements for the sale of goods It applies in every state
It applies only to agreements for the sale of goods
The Federal Unemployment Tax Act accomplished which of the following? It required that workers and employers pay taxes equally into a system to provide for unemployment benefits It provided 100% pay to employees who have been laid off It established a state-administered fund to provide payments to workers with sudden job loss All of the answer choices are correct
It established a state-administered fund to provide payments to workers with sudden job loss
A state trial court based in a county that can only hear legal matters from within the state is considered a A Court of Final Jurisdiction A Court of Limited Jurisdiction A Court of General Jurisdiction An Appellate Court Only
A Court of General Jurisdiction
Which of the following courts renders decisions binding only on the parties involved in the dispute? • A U.S. District Court • The U.S. Supreme Court • The Oregon State Court of Appeals. • The Alabama State Supreme Court
A U.S. District Court
Which of the following statements about alternative dispute resolution (ADR) is true? None of the Answers are ADRs Settlement agreements are a formal version of ADR A common formal ADR method is mediation Arbitration is the only form of ADR that involves the use of an independent party to resolve disputes.
A common formal ADR method is mediation
Which of the following would not be a legitimate exercise of judicial power in the U.S. system? A federal trial court judge, reviews the actions of the president and declares them unconstitutional A state appeals court judge, overrules the decision made by a previous state appeals court in his or her state None of the answer choices represent legitimate exercises of judicial power A federal trial court judge, establishes precedent through his or her court decision.
A federal trial court judge, establishes precedent through his or her court decision.
In which of the following situations would res ipsa loquitur likely apply? Starla sneaked up behind China and kicked her in the back Barry was the owner of Quick-E-Market and had the linoleum floors professionally cleaned and waxed but failed to put up signs or warn customers of the slick surface Iggy is street racing his truck and drives 50 miles per hour in a 25 zone A pair of surgical scissors was left inside Boris after surgery, but he can't prove exactly how they got there
A pair of surgical scissors was left inside Boris after surgery, but he can't prove exactly how they got there
Which of the following is not true We use the terms law and equity when describing the appropriate measure of judicial action intended to compensate an injured party in a civil lawsuit 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 • Remedies "at law" generally take the form of money damages Equitable Remedies or Relief generally include injunction, restitution, specific performance and other appropriate remedies.
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
The first step in creating an agency relationship is A principal exercising control A principal manifesting some offer to form an agency The establishment of a clear liability relationship between principal and agent An agent manifesting some form of consent to form an agency
A principal manifesting some offer to form an agency
In which of the following situations would a delegation of contractual duties be allowed? ATV news anchor hosting the nightly news A professional basketball player teaching a fantasy basketball camp A roofer hired to reroof your home A portrait painter hired to paint a family portrait
A roofer hired to reroof your home
Which of the following circumstances involves a "remand"? A federal district court judge, follows precedent from a previous U.S. Supreme Court decision and decides the case in favor of the plaintiff A state trial court judge, decides a case in a matter in which there is no jury 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 A federal appeals court judge, asks a question of a litigant who has a matter on appeal before her court during a live question and answer session
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
According to the text, which of the following does the system of law in the United States provide for? Good Faith Dealings between Merchants and Consumers Consistency Equality All of the Above
All of the above
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? Accept part of the blue hats and reject the rest within a reasonable time Reject the entire shipment of blue hats within a reasonable time Accept all of the blue hats as is. All of the answer choices are correct
All of the answer choices are correct
The relationship between ethics and law is that All of the answer choices are correct an action can be ethical but not legal. an action can be legal but not ethical an action can be both legal and ethical
All of the answer choices are correct
Which of the following is true regarding federal powers under the US Constitution They are limited an inherent They are unlimited and inherent They are unlimited and granted They are limited and Granted
They are limited and Granted
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. Donald, a manager who has worked full time the last five years for Big Boss Pizza, a chain of pizza stores with 10 employees each at ten locations no less than 100 miles apart from each other Markelle, a landscaper who has worked 100 hours a month the last ten years for Starco, a corporation with 10,000 employees Luciano, a warehouse worker who started work ten months ago at Groveland Corporation, a company with 1,000 employees working at a single corporate headquarters
Trishia, an accountant who has worked full time for the last year for Midco, a company with 70 employees who work in one building.
A legal defense renders a contract unenforceable, even though it has the necessary elements of a valid contract T/F?
True
Ethical misconduct not only includes illegal and unethical practices but also includes questionable practices of managers and organizations T/F?
True
Honoring ethical values and respecting communities and the environment while recognizing the interests of shareholders are elements of corporate citizenship T/F?
True
Intent to discriminate must be proved for a disparate impact case to be successful. T/F?
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. T/F?
True
Valid contracts can be written or oral. T/F?
True
Workers' compensation provides benefits for workers who are injured on the job. T/F?
True
Which of the following is true of the U.S. court system? Federal appellate courts set precedent, while state court decisions are only binding on the parties to the case. All of the answer choices are correct. The U.S. Supreme Court is constitutionally mandated to be nine justices U.S. Supreme Court appellate review is discretionary
U.S. Supreme Court appellate review is discretionary
Which of the following is not a theory of discrimination under the Civil Rights Act? Mixed motives Disparate treatment Unclear opportunity Disparate impact
Unclear opportunity
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? Consequentialism Natural law Utilitarianism Values management
Natural law
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 writing • Precious wins as there was no exchange of consideration • LaStarshae wins as this was a valid bilateral contract. • LaStarshae wins as this was a valid option contract that Precious breached.
Precious wins as there was no exchange of consideration
The utilitarian approach is most accurately stated by the following saying: • "Society should adopt a strategy that maximizes the good for those least well off." Our actions should create as many positive results as possible while creating as little harm as possible." "We should only do those things that would make the world a better place if everyone does the same." • "Legality is a moral maximum."
Our actions should create as many positive results as possible while creating as little harm as possible."
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 Permits proactive business planning Adds value and a competitive edge Empowers Managers to learn how to limit liability
Permits a business to pay more taxes than is legally required
An Attorney wants to file a lawsuit. What will be the first stage of litigation for him? Pleadings All of the answer choices are correct, as pleadings and discovery happen during the pretrial conference, which is the initial phase of the litigation process Pretrial conference Discovery
Pleadings
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 Writ of certiorari, 5 percent Writ of habeas corpus. 10 percent Writ of habeas corpus, 1 percent
Writ of certiorari, 1 percent
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 O condition precedent. • condition subsequent nothing of consequence since Lanza has already signed the contract and the employer may not breach it • concurrent condition
condition subsequent
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? an interrogatory a complaint and answer a deposition a request for admissions
a deposition
One definition of a contract is an agreement between a business party and another business or private party that is irrevocable, written and clearly articulated a uniform written set of promises a promise or set of promises enforceable by law an agreement between parties that is clearly articulated and involves a promise for a promise with express, clearly articulated duties and rights
a promise or set of promises enforceable by law
Which of the following stands for the proposition that a contract must involve both sides receiving and giving up something of legal value? offer and acceptance consideration egality capacity
consideration
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? an exclusives contract an output contract a requirements contract an input contract
a requirements contract
Rita defaulted on the loan of her motorhome. She had borrowed the money to purchase the motorhome from Thrifty Bank. Thrifty hired Roger the Repo Man to repossess the motorhome for a fee of $1,000. Roger was told to find the motorhome and take it in whatever manner he thought best so long as he did not break the law. Roger would be classified as an agent/employee a principal a gratuitous agent an independent contractor
an independent contractor
The completion of a contract when both parties no longer have obligations undlt it because they have performed everything in good faith is known as Substantial Performance dismissal of obligorship discharge Operation of Law
discharge
The Supremacy Clause holds that state law and federal law are coequal under states' rights theory federal law and state law can coexist while in conflict federal law trumps state law if there is a conflict state law trumps federal law if there is a conflict
federal law trumps state law if there is a conflict
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 duty Raelynn will not be liable as there is no general duty to rescue assumption of the risk comparative negligence
assumption of the risk
In the UCC, good faith is defined as making a reasonable effort to avoid material misrepresentations in contractual dealings honesty in fact in the conduct or transaction concerned making a creditable effort to avoid compromising or prejudicing the other party's interests in a commercial transaction the absolute avoidance of all conflicts of interest or circumstances that could taint the commercial transaction
honesty in fact in the conduct or transaction concerned
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 alignment of opportunities meeting of the minds acknowledgement of intentions
meeting of the minds
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? No tort. because it was not intentional negligence intentional tort strict liability
negligence
A breach of contract that is not material is known as a/an immaterial performance condition. discharge of performance partial breach. substitute performance.
partial breach
Botha is a rich art collector and corporate executive who wants to remain anonymous in a purchase of a Van Gogh painting. He has Francine, an executive in his corporation, negotiate for the purchase of the painting, which is being sold by Northaby's Art Sales. Francine reports directly to Botha and is supervised directly by him. Botha instructed Francine to tell Northaby's that she represents an art collector who will go unnamed. The agency would be described as indemnified disclosed partially disclosed undisclosed
partially disclosed
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 laches limit civil procedure timing rule statute of limitations request for filing
statute of limitations
Formal action in a lawsuit begins when the plaintiff files a request for production motion for filing discovery request summons and complaint
summons and complaint
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 state common law. the Uniform Commercial Code federal regulations federal common law
the Uniform Commercial Code
When a principal breaches a duty to an agent: the agent has no legal rights except to terminate the agency relationship. it terminates the agency relationship by expiration the agent generally has the right to recover damages in court. it terminates the agency by destruction of the essential subject matter of the relationship.
the agent generally has the right to recover damages in court
The proper mode of acceptance of an offer up and until the offer has been accepted is established by the offeror the offeree the subjective intentions of the offeree a third-party
the offeror
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? •$16.000 $0 $8,000 $12.000
$0
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 $1,200 $1,100 $600 $900
$1,100
What are the two primary roles of the judiciary in the U.S. system? Pass regulations and perform judicial review Adjudicate cases and approve of judicial nominations to the federal courts Approve of judicial nominations to the federal circuits and act as a check on the other branches of government Adjudicate cases and perform judicial review
Adjudicate cases and perform judicial review
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 Beyhanna should win because this was an untrue statement that was disseminated and did her damages Beyhanna should not win because this was not literally published, it was only spoken by Ramone and Cindy, thus it does not give rise to a claim for damages Beyhanna should not win because Ramone has immunity from a defamation claim because she is employed by the organization that fired Beyhanna
Beyhanna should not win because Ramone did not act with malice, an essential element of a defamation claim against a public figure
Shelby is a pizza delivery driver for Quick-E-Pizza. One day Shelby negligently failed to close her delivery truck's passenger door while stacking up six pizzas for delivery in the passenger seat. When she took a corner a little too fast, the pizzas flew out the door, tumbling into a busy intersection. A pizza splatted on Manuel's front window and he swerved out of control and crashed into a food truck, causing thousands in damages and physical injuries. Which of the following is correct of liability for the damages? Both Shelby and Quick-E-Pizza are liable Quick-E-Pizza, but not Shelby, is liable No one is liable; it was an accident Shelly, but not Quick-E-Pizza, is liable
Both Shelby and Quick-E-Pizza are liable
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? The arbitrator refused to hear relevant evidence that prejudiced Garp's rights The arbitrator was biased against Garp because he is a man 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. Under no circumstances, because Garp entered into the contract voluntarily and Congress has ruled that arbitration is preferred over litigation as a method of dispute resolution, and awards are not set aside by courts.
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.
The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the nonfeasance Proximate Cuase misfeasance Cause in Fact
Cause in Fact
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 wain 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 Chet can avoid the contract because of fraudulent misrepresentation Chet can avoid the contract because a consumer may always avoid a contract until the point of delivery Chet cannot avoid the contract because there was no intention to deceive
Chet can avoid the contract because of innocent misrepresentation
Dravon agreed by contract to be an agent employee for Imagine Corporation. This is known in agency law as Manifestation Consent Ratification Disclosure
Consent
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? Shirley wins because Darby assumed the risk of injury Shirley wins because she took reasonable precautions to prevent injuries Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal Darby wins because a tortfeasor is always liable for any damages that occur to one harmed as a direct or indirect result of their activities.
Darby wins because Shirley is strictly liable for her abnormally dangerous activity of keeping a wild animal
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 Broadcast the values on the network news Develop a code of ethics Ensure that behavior by the company management that is contrary to the corporate values is not broadcast on the network news Use a profit maximization approach
Develop a code of ethics
Which of the following statements is true? The options available to business owners in the dispute resolution process have diminished significantly in recent years. Dispute resolution requires a cost-benefit analysis None of the Answers are correct Dispute resolution is a purely technical and legal matter that should best be left to the sole discretion of attorneys
Dispute resolution requires a cost-benefit analysis
The U.S. Department of Labor is authorized to oversee pension and retirement savings plans that corporations set up under the National Labor Relations Act. Social Security Act. Emplovee Retirement Income Security Act Pension and Savings Preservation Act.
Emplovee Retirement Income Security Act
All of the following are examples of sources of Florida law except The Common Law Florida Statues The US Constitution English Common law after 1776
English Common law after 1776
Business ethics is a commitment to following the opinions of stakeholders in pursuing a course of action in business operations. T/F?
False
Courts routinely question and overturn administrative-agency decisions involving how and when an agency enforces a regulation T/F?
False
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 one year of the adverse job action Notify the national EEOC office File a lawsuit in the local state court which has jurisdiction over civil claims File a complaint against the employer with the local EEOC office within 180 days of the adverse job action
File a complaint against the employer with the local EEOC office within 180 days of the adverse job action
Selina has been served with a summons and complaint. Which of the following options does she have? Serve a discovery motion Make a request for admissions File a motion to dismiss All of the answer choices are correct.
File a motion to dismiss
General Contracting was hired by the city of Rockville 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 Rockville sues, what result? General Contracting can have the contract discharged based on impracticability General Contracting is under contract and will have to complete the job at a $3 million loss General Contracting can have the contract discharged based on General Contracting can have the contract discharged based on frustration of purpose
General Contracting can have the contract discharged based on impracticability
Who of the following is a gratuitous agent? Brynn asks Tan, a truck driver for her company, to deliver a load of lumber by the end of the day Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor Jamielyn works as a staff accountant for Roosevelt, Truman and Eisenhower, CPAs Carlton works for Big Corp as a delivery driver
Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor
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? Mr. Cogswell can do nothing to cure, because once a seller has delivered nonconforming goods, they have committed an incurable breach Reduce the price of the 12-inch cogs to an amount below fair wholesale value Mr. Cogswell does not need to do anything to cure, because Mr. Spacely did not immediately inform him of the imperfect tender and must accept the nonconforming goods Give notice of his intent to cure and deliver conforming cogs by July 15
Give notice of his intent to cure and deliver conforming cogs by July 15
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 cannot file a sexual harassment claim under Title VII because he is not part of a protected class He cannot file a sexual harassment claim under Title VII because his boss is the same gender He cannot file a sexual harassment claim under Title VIl unless he can prove he was denied a raise or promotion He can file a sexual harassment claim under Title VII because it is gender-neutral.
He can file a sexual harassment claim under Title VII because it is gender-neutral.
The Science and Philosophy of the Law is commonly called Jurisprudence Negligence Stare Decisis Contract
Jurisprudence
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 Sanford, a member of the U.S House of Representatives, is currently reviewing legislation that would create a new federal court in Washington, D.C All of the answer choices represent the application of judicial review Alisha, an attorney for a civil litigant, is asking the judge to review the legal documents that her opponent wants to submit as evidence because Alisha believes they should be inadmissible
Laura, a federal appellate court judge, is researching the language of a statute to determine if it is unconstitutional
The three most common formal methods of ADR are: Settlement agreements, mediation and arbitration Negotiation, mediation and arbitration Mini-trials, bench trials and state trials Mediation, arbitration and expert evaluation
Mediation, arbitration and expert evaluation
Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant? Hadley & Baxendale, LLC., an accounting firm based in Oklahoma, regularly send accountants out on audits to Texas to visit clients, but maintains no office or physical presence in Texas 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 Bixby Scientific, based in Massachusetts, has a satellite office in Vermont where a corporate attorney works once a week. Lucy, Zehmer and Associates, a law firm based in Virginia, has no office in Maryland, does not send attorneys to Maryland and has no clients in Maryland, but target advertises on billboards and on radio and TV spots on local Maryland stations
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 personal calls made from the workplace Access emplovees' office voice mail Monitor business calls BPI may legally access employees' office voice mails, monitor business calls and monitor personal calls if they are made from the workplace
Monitor business calls
Protection of employees through the prevention of workplace injuries is addressed by the Workplace Injury and Recovery Act. Occupational Safety and Health Act Health Care and Education Reconciliation Act. Health Insurance Portability and Accountability Act.
Occupational Safety and Health Act
Rodriguez and Howard, Attorneys at Law, hired Rhoda as an associate attorney. Rhoda represented a client while working for Rodriguez and Howard and told several lies about Marlin, the person her client was suing. These lies resulted in Marlin being fired from his job. The principals at Rodriguez and Howard had no knowledge of what Rhoda had done. Under these circumstances, which of the following can Marlin successfully sue? Neither Rodriguez and Howard nor Rhoda, as mere lies about a person do not give rise to a tort action Rodriguez and Howard and Rhoda Rhoda but not Rodriguez and Howard, as Marlin suffered no physical harm Rodriguez and Howard only, under the theory of respondeat superior
Rhoda but not Rodriguez and Howard, as Marlin suffered no physical harm
Which of the following items would not be considered tangible and movable under the UCC Article 2? Rights to a patent A laptop A lawnmower Helium
Rights to a patent
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 (ADA), what are Roddie's options? If he can prove a disparate impact against his age group, he can sue and under the ADEA, Big Trucks must prove older age was a BFOQ. Roddie has no options under the ADEA As he was substantially younger, he can sue and under the ADEA, Big Trucks must prove older age was a BFQ. If his job performance was satisfactory, he can sue and under the ADEA, Big Trucks must prove older age was a BFOQ.
Roddie has no options under the ADEA
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? rational basis scrutiny. Intermediate Scrutiny None is required under the facts Strict Scrutiny
Strict Scrutiny
In which of the following situations is a court most likely to find substantial performance? Hernandez orders a light blue paint job for his car from the auto body and paint company, but they paint his car a light green Gamaliel orders 10 gallons of paint to paint his corporate offices, but the supplier on" delivers six gallons Superior 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 lan orders a motorcycle from the Honda dealer, and while the cycle is otherwise exactly what he ordered with the same color and accessories, it has a 600cc engine rather than the 900cc engine that he ordered
Superior 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
Which of the following Is true of the executive powers of the President Article II explicitly gives the president power to regulate commerce The President has a veto over decisions of the Supreme Court The president regulates patents and copyrights The president has the power to issue executive orders which have the full force of law
The president has the power to issue executive orders which have the full force of law
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 struck down as unconstitutional, as Congress may not discriminate in the allocation of funds The federal conditions will be upheld as constitutional, as Congress has inherent federal powers to place any and all conditions on the allocations of funds to the states. The federal conditions will be struck down as unconstitutional, as Congress may not cut back on funds to any state once allocated. The federal conditions will be upheld as constitutional, as a constitutional exercise of Congress's spending authority.
The federal conditions will be upheld as constitutional, as a constitutional exercise of Congress's spending authority.
Which of the following would be a servant in a master-servant relationship? A friend who agreed to pick up the pizza for the group of friends watching the football game A lawyer who represented a private client in a lawsuit The security guard who worked for Countryside Credit Union The branch manager at First Trust Bank
The security guard who worked for Countryside Credit Union
The Purpose of the Law is To impose a set of rules meant to subjugate the masses Create a method for resolving disputes by providing a basis for deciding the legal interests and rights of the parties Provide for some system of order that defines rules of conduct and levies punishment or other consequences for the violation of those rules The two answers that do not involve subjugating the masses
The two answers that do not involve subjugating the masses
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 an illegal search because it was not supported by probable cause This is a legal search because Freddie was guilty of the crime for which he was arrested This is a legal search because it was consensual, Freddie gave Byron permission This is an illegal search because it was not supported by a warrant
This is a legal search because it was consensual, Freddie gave Byron permission
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 This is an implied. bilateral and void contract This is an implied, unilateral and void contract This is a quasi, unilateral and voidable contract
This is an express, bilateral and void contract
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 substantial performance because there was no material variance This is substantial performance because the paint is of similar quality This is not substantial performance because Austin did not act in good faith This is substantial performance because the job looked good
This is not substantial performance because Austin did not act in good faith
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 SC's trademark color. When the shipment arrived, SC discovered that it has received 1,000 red toilet seats. Before SSC could notify CSS and return the seats, a fire destroyed SC's building along with the shipment of seats. Which of the following statements is true? This was a shipment contract, and SSC assumed risk of loss when CSS delivered the goods to the carrier This was a destination contract, and the toilet seats were nonconforming goods, so CSS did not complete performance and retained risk of loss This was a destination contract, and since the seats were tendered to the destination, SSC bears risk of loss until they can be returned. This was a shipment contract, and CSS retained risk of loss until the goods were tendered to SSC at their loading dock
This was a destination contract, and the toilet seats were nonconforming goods, so CSS did not complete performance and retained risk of loss
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 The ethics maximization theory The shareholder maximization principle The veil of ignorance
Values management
With regard to negligent hiring, courts would require the least amount of scrutiny regarding a daycare worker Warehouse worker pest control specialist who makes house calls real estate agent
Warehouse worker
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? No, because Billy's is a private business Yes, because Billy's is engaged in interstate commerce under the Commerce Clause Yes, because all businesses of public or private accommodation are subject to congressional regulation under the Civil Rights Act No, because Billy's business is primarily local in nature, he is not engaged in substantial interstate commerce.
Yes, because Billy's is engaged in interstate commerce under the Commerce Clause
Allie, 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 giving something up always creates legal forbearance No, because giving up drinking is inadequate consideration for $100,000 No, because Allie did not give anything to her father, thus there was no legally valid exchange Yes, because this is a bargained-for exchange and has adequate consideration.
Yes, because this is a bargained-for exchange and has adequate consideration.
A tort is a criminal wrong where a party has acted or failed to act in a way that causes loss to be suffered by another a failure to uphold the terms of a UCC-governed contract. a civil wrong where one party has acted or failed to act in a way that causes loss to be suffered by another a breach of contract
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 under the UCC, there is no writing requirement. not a valid contract because it does not include a confirmation memorandum. a valid contract because the UCC recognizes electronic records and signatures as sufficient in contracts between merchants not a formal or proper contract because it does not meet the writing requirement
a valid contract because the UCC recognizes electronic records and signatures as sufficient in contracts between merchants
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 g vehicles. This contract automatically terminates due to impracticability automatically terminates due to frustration of purpose is enforceable and not affected by the new law because it was entered into before the law took effect automatically terminates due to impossibility
automatically terminates due to impossibility
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 negligence immunity warrranty strict liability
immunity
Diversity of citizenship jurisdiction involves a case in federal court only and the amount in controversy is irrelevant. in state court with diverse parties and a controversy over $75,000 in federal court with diverse parties and a controversy over $75,000 in federal court with diverse legal theories and a controversy over $75,000
in federal court with diverse parties and a controversy over $75,000
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 is valid because it applies only to Massachusetts roads and such a law is entirely intrastate is invalid because this law is intended to regulate interstate commerce, an enumerated federal power. is valid because Massachusetts's right to protect its citizens under its police powers will override any outside challenges to this 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
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 ______ beyond a reasonable doubt, clear and convincing evidence beyond a reasonable doubt, preponderance of the evidence preponderance of the evidence, clear and convincing evidence preponderance of the evidence, beyond a reasonable doubt
preponderance of the evidence, beyond a reasonable doubt
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 utilitarian approach consequences-based approach moral minimum
principles-based approach
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 has suffered no detriment as he never touched her, so she has no cause of action. she may have a valid hostile environment claim she has suffered no economic or other job detriment, so she has no cause of action she may have a valid quid pro quo claim
she may have a valid hostile environment claim
Under disparate impact theory, a plaintiff must prove that they have a valid case based on hostile work environment harassment overt and intentional discrimination occurred when an employer treated them as an employee differently based on membership in a protected class they were directly harassed and denied a job, promotion or raise as a result of discrimination the evaluation methods used by an employer to hire employees resulted in statistically significant differences that adversely impacted members of a protected class
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 in a reasonable manner the goods must be delivered on a weekday the goods must be delivered at a reasonable hour. the goods must be delivered in one shipment
the goods must be delivered on a weekday
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: manner in which CC and TT have dealt with their commercial conduct in the past typical standards followed by the industry in which CC and TT operate letters, emails and oral exchanges between CC and TT trial judge's input of any terms necessary to maintain fairness between CC and TT
trial judge's input of any terms necessary to maintain fairness between CC and TT
