BUL3130 Final

Chelsea's house is for sale and she is selling it through a real estate agent. The house is listed and any licensed agent may show the house by using the special accessible key in a lockbox on the front porch. Stan is a licensed agent and brings Paula into the home to show it for a possible sale while Chelsea is not home. Stan and Paula would be considered:

invitees. Stan and Paula are authorized and invited to the premises for business and therefore are invitees.

The U.S. system of common law:

is derived from the British common law. United States common law has its basis in English common law.

Which of the following is a tactic used by employers?

lockouts Lockouts occur when employers prohibit workers from working by shutting down the business putting pressure on the employees before a strike occurs and the pressure is on the employer.

What is not a major change to bankruptcy law in the Bankruptcy Abuse Prevention and Consumer Protection Act?

lowering the priority of alimony payments This act made alimony payments a higher priority level.

In Falcon et al. v. Starbucks Corporation, after Starbucks reclassified the assistant store managers (ASMs ) from exempt to nonexempt for FLSA purposes, changing their job duties but not their labor budgets and discouraging overtime, the court found:

maintaining a policy of discouraging overtime, while not unlawful, could, along with other factors, lead to a consistent pattern of FLSA violations. Discouraging overtime while requiring work that cannot be completed within 40 hours per week leads to FLSA violations.

Which of the following will not create minimum contacts in a state sufficient to find personal jurisdiction on an out-of-state defendant?

maintenance of a web site that provides information about a company's products and that provides an address or number that a customer can contact to obtain an order form to purchase products directly from the company A passive web site does not create sufficient minimum contacts within a state to create personal jurisdiction.

Right to work laws:

make it illegal for employers to agree with unions that union membership be required for continuing employment. The Labor Management Relations Act authorized states to enact right to work laws making it illegal for employers to agree with unions that union membership be required for continuing employment.

Harry seeks to implement a policy of enhanced values management in his office. Which of the following is not a direct outcome of values management in the workplace that Harry can directly expect?

managing values in Harry's workplace will enhance profit and profitability While profits will likely be indirectly affected over time, implementing a values management system will directly and quickly affect cohesiveness, understanding and the overall tone of the workplace.

The Digital Millennium Copyright Act provided each of the following protections except:

manufacturers of CD-Writers were required to pay 2% of their sales into a fund to be distributed to copyright holders because the CD-Writers could easily copy music and other copyrighted works. The 2% fund was created by the Audio Home Recording Act.

The nonagent employee relationship is sometimes referred too as the:

master/servant relationship. The term master/servant relationship is used to distinguish from the employer/employee relationship.

What is the standard that an individual must meet in order to file for Chapter 7 bankruptcy?

means test Meeting the means test is the first requirement that an individual must meet in order to be eligible to file for Chapter 7.

The Employee Retirement Income Security Act establishes rules regarding each of the following except:

minimum interest rate returns on investments by pension and retirement savings plans. ERISA does not set interest rates or maintain interest rate standards.

Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab and Bill's job includes the repair of faulty equipment. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve and does a very poor job of repairing it, using techniques not considered proper or acceptable. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:

misfeasance. Bill acted but did so in a dangerous way breaching his duty which is misfeasance.

A commercial airliner has crashed in the middle of the Atlantic. The cause of the crash has been proven to be a wrongly installed part in one of the engines during routine maintenance. If a negligence law suit is brought against the airlines, it will be based on:

misfeasance. Installing a part in an improper manner constitutes misfeasance.

Cybersquatting describes the practice of:

registering multiple domain names and then selling them back to companies at inflated prices. Cybersquatting consists of registering multiple domain names and then selling them back to companies at inflated prices and is addressed by the Anticybersquatting Consumer Protection Act.

The power of preemption is derived from:

the Supremacy Clause The Supremacy Clause makes constitutional and federal law supreme over state law, creating the power of preemption.

Which of the following courts renders decisions binding only on the parties involved in the dispute?

the U.S. District Court Only appellate courts make precedent. Each of the choices is an appellate court except the U.S. District Court.

The ultimate arbiter of federal law is:

the U.S. Supreme Court. The ultimate arbiters of federal law are the nine justices of the U.S. Supreme Court.

Employers must provide continuous coverage to any employee even if terminated, under the:

. Consolidated Omnibus Budget Reconciliation Act. COBRA requires that employers, after an employee is terminated or separated, be required to allow employees continued medical coverage for a fee.

In which of the following situations would res ipsa loquiter likely apply?

. a train has derailed and the cause of the accident can't be proven Res ipsa loquiter is used to allow a negligence trial to proceed when the actual negligent act cannot be proven yet the accident could not have occurred in the absence of negligence.

) The source of bankruptcy law is a combination of:

. statutory and administrative law. Bankruptcy law is derived from both federal statutes and federal administrative law.

When applying the Age Discrimination in Employment Act, the substantially younger test generally says that the younger employee must be at least ________ years younger than the terminated employee claiming discrimination.

. ten The federal courts have followed the general rule that the age difference must be at least ten years.

What if everyone took these same actions" is a question sometimes called the:

. universalization approach. The universalization approach which stems from the categorical imperative asks this question.

A design patent will last for:

14 years from the date of the filing of the application with the United States Patent and Trademark Office. Design patents run for 14 years from the filing of the application.

With regard to establishing minimal contacts to establish jurisdiction regarding out-of-state companies that advertise and sell products over the Internet, which of the following is not a true statement?

the Zippo standard sets a rigid test to establish minimum contacts by requiring that at least a minimum of 5% of the state's population visit the company's web site The Zippo Standard sets a sliding scale with three variables to establish minimum contacts in Internet company cases.

McDonald has invented a machine that harvests corn in the field, automatically shucks the corn from the husk and peels the kernels from the cob, separating everything for easy disposal or further use. Assuming that all requirements are met for a patent, the length of his patent protection will be:

14 years from the filing of the application with the U.S. Patent and Trade Office This will be a design patent good for 14 years from the filing of the application with the U.S. Patent and Trade Office.

Howard has fulfilled his residential lease and has moved out of his apartment. The landlord, depending on the state, has between ________ to act on Howard's security deposit.

15 and 45 days Each state varies with the shortest action required being 15 days and the longest being 45 days.

Title VII applies to private sector employers with:

15 employees or more. Title VII applies to private sector employers with 15 or more employees.

The Americans with Disabilities Act applies to employers with ________ employees.

15 or more Only employers with 15 or more employees must provide accommodations to disabled employees.

The Fair Labor Standards Act imposes restrictions on hiring workers under:

18 years old. Restrictions and rules vary by age but they begin applying to those under 18 years old.

An employee must file charges of illegal discrimination with the EEOC within ________ days of the adverse job action.

180 In most cases the claim must be filed within 180 of the adverse action although in EPA cases the standard is 180 days from knowledge of the adverse action.

A utility or business method patent will last for:

20 years from the date of the filing of the application with the United States Patent and Trademark Office. Utility patents run for 20 years from the filing of the application.

Which of the following is not a coequal branch of the United States government as specified in the Constitution?

the administrative branch There is not a branch of government called the administrative branch.

Mike has been hired by a publishing company to write a companion book for a particular text sold to college students. In 2010 Mike completes the companion book and he signs over his copyright to the publisher. The publisher actually publishes the book in 2013. When will the publishers copyright run out and expire?

2108 This was a work for hire and the patent runs out 95 years after publication.

Once the union organizers obtain authorization cards from at least ________ of the members of a bargaining unit an election will be scheduled by the NLRB.

30% At least 30% of unit members must sign authorization cards requesting union affiliation for the NLRB to schedule an election.

The Family and Medical leave Act applies to employers with a minimum of:

50 full time employees. Only companies with 50 or more employees are covered under the FMLA.

Mary Beth has written a novel. Copyright protection regarding her work will be for:

70 years after her death. For a sole author, copyright protection extends for 70 years after the author's death.

A study published by the Harvard Business Review in January, 2000 found that intellectual property represents approximately ________ of an average firm's value.

70% A study published in the Harvard Business Review found that intellectual property represents approximately 70% of an average firm's value, and that number has nearly doubled in one decade.

If an employee is killed on the job, OSHA requires that the employer notify them as soon as possible but no later than ________ after the accident.

8 business hours If an employee is killed on the job, or if three or more employees are hospitalized due to work related injuries, OSHA requires notification as soon as possible but no later than eight business hours after the accident.

The Labor Management Relations Act gives the President of the United States the right to suspend a strike for up to ________ in times of national emergency.

80 days The Labor Management Relations Act gives the President of the United States the right to suspend a strike for up to 80 days in times of national emergency.

As a result of the AIG bailout, the U.S. Government received a/an ________ stake

80% AIG received $173 billion in taxpayer money and the U.S. Government received an 80% stake in the company.

The Uniform Guidelines on Employee Selection Criteria says that discrimination is likely if the pass rate of any protected class is less than ________ of the pass rate of the most successful race, sex or other protected class tested.

80% The rule says that if a class's pass rate is less than 80% of the most successful class passing a test, the test is considered discriminatory unless evidence to the contrary can be provided by the employer.

In Mink v. AAAA Development LLC, the court refused to grant personal jurisdiction over AAAA because:

the court adopted the Zippo standard and found that there was minimal interactivity on the AAAA site which didn't rise to the level of minimum contacts sufficient to create personal jurisdiction in Texas. While the site provided information to order products, products could not be ordered directly on-line, so it was deemed more passive than interactive denying jurisdiction.

In Kauffman-Harmon v. Kauffman, when Mr. Kauffman sued his children to have all stock given to them transferred back to him, claiming their possession was only a temporary trust:

the court found that the children owned the stock and Mr. Kauffman's claims were barred by the clean hands doctrine. Kauffman tried to shield assets from creditors and did not exhibit "clean hands".

What is not a requirement for the undue hardship standard?

the debtor has no marketable skills that would allow him to be employed Answer B is not one of the three requirements for undue hardship.

Which of the following is not a component that needs to be shown to authorize use of a long-arm statute?

the defendant must have violated a plaintiff's state statutory law A direct violation of state statute is not a necessary requirement to enforce a long-arm statute.

The exchange of e-mail between companies in different states can create personal jurisdiction in a law suit when:

the e-mail is an integral part of an ongoing business relationship even if no offices or personnel are within the forum state. E-mail as part of an ongoing business relationship is sufficient, by itself, to establish personal jurisdiction.

Which of the following is not an exception to the employment-at-will doctrine?

the employee is terminated but has received excellent evaluations and the employer cannot articulate a reason for the dismissal The employment-at-will doctrine does not require a valid reason for termination or evidence of poor work. The remaining answers are exceptions to the doctrine.

Workers at Jones Corporation have been on strike for three months due to an impasse based on salary and benefits. When the strike is concluded:

the employer is not required to rehire the employees and no back pay is required to be paid. After an economic strike the employer is not required to rehire employees and no back pay is required to be paid.

Lloyd and Harry both are claiming patent rights protection for inventions that they independently created. The rights to protection will be:

the first who actually completed the invention. The American standard is that the "first-to-invent" is awarded the patent.

The moderate view of assessing corporate citizenship believes that: A. corporate officers and boards of directors should provide the exclusive view of corporate responsibility.

the government should provide the exclusive view of corporate responsibility. The moderate view of assessing corporate citizenship believes that the government should provide the exclusive view of corporate responsibility.

Mike has written a novel.

the novel is copyrighted automatically after completion The novel receives copyright protections immediately upon completion however suing to enforce the protections requires registration.

Nobel Prize winning economist Milton Friedman believed that: A. managers that pursue social initiatives with corporate funds are morally correct and pursuing a path that is required regarding their fiduciary duties owed to stakeholders.

the only responsibility a business has is to maximize shareholder wealth. Milton Friedman believed in Adam Smith's theories and felt that the only responsibility a business has is to maximize shareholder wealth.

In Enriquez v. West Jersey Health Systems, the plaintiff began an external transformation from male to female. When her contract was not renewed she brought suit claiming discrimination.

the plaintiff was not entitled to protection under federal law but was protected by New Jersey state law Enriquez's transformation was not a gender issue under Title VII, however; state law may expand the federal law and the New Jersey law protected Enriquez.

Jurisprudence is defined as:

the science and philosophy of law. Jurisprudence is defined as the science and philosophy of law.

The merchant's privilege with regard to shoplifters requires each of the following except:

the shopkeeper must have an eye witness or video evidence of the theft. An eye witness to the actual act of theft is not required if other evidence supports the shopkeeper's allegations

Which of the following is not a procedural due process issue?

the state of Massachusetts has raised the drinking age to 25 years old A change in the drinking age affects a personal right and is a substantive issue.

A state's appellate court has made a decision in a particular case. That decision becomes case precedent in all cases except those cases heard in:

the state's Supreme or highest court. Stare decisis requires only lower courts to follow case precedent.

Once the plaintiff has established a prima facie case under the McDonnell Douglas standard and the defendant has presented justification for the actions taken, the plaintiff must now prove any of the following except:

the stated reasons contain a mixed motive. Mixed motive discrimination is a separate issue not directly associated with disparate treatment cases.

Faber College, founded in 1904 is an integral part of its surrounding community. Which of the following is a primary stakeholder in Faber College?

the students Students are directly connected to Faber and are primary stakeholders while the remaining choices are indirectly connected to the school and therefore secondary stakeholders.

ach of the following is considered trade dress except:

the white linen table cloths at the Four Seasons Restaurant in New York City. White table cloths are not distinctive and are used by many restaurants so they don't solely represent the Four Seasons Restaurant in New York City.

Which of the following does not have to be shown for copyright protection to be granted?

the work has a present or potential value Value is not a consideration regarding the awarding of copyright protection.

In a disparate impact case, if an employer can show that a challenged employment practice is job related and consistent with business necessity, the plaintiff can still win by showing that:

there is an alternative practice that would have less discriminatory effects, but the employer declines to use it. If a reasonable alternative method is available that will eliminate discriminatory impact, the employer is required to use it.

Mackey Corp. is incorporated in Delaware but has no office or personnel in the state. Their main office is in Arizona. Mackey would have a physical presence in Delaware if:

they maintain a P.O. Box to receive mail which is then forwarded to the main office in Arizona. Maintaining a mail box to conduct business within a state will create a physical presence in that state.

Tracy has agreed to lease a home from Henry for nine months at a monthly rent of $1,000 per month.

this lease may be oral A lease with these terms does not trigger the statute of frauds requirements so it may be oral.

Young has just fired Kathy who was her agent. Young places an ad in the classified section of the various local newspapers stating that "Kathy no longer works for or represents Young in any way". Young would place this ad:

to eliminate any possible liability resulting from apparent authority. Young is trying to eliminate liability stemming from apparent authority should a third party believe Kathy is still Young's agent.

The "effects test" is utilized:

to establish personal jurisdiction over an out-of-state defendant in certain cases when minimum contacts do not otherwise exist. When minimal contacts cannot be established, if the out-of-state defendant has committed an intentional act they would know to be injurious, the effects test may be used to establish personal jurisdiction.

When an attorney requests a change of venue they are asking:

to move the trial from one state to another due to the potential unfairness of a trial in the first state. A change of venue is a request to move a trial to a different physical location in order to effect fairness and justice.

One who commits a tort is called the:

tortfeasor. A tortfeasor is one who commits a tort.

The color or shape of an item, if distinctive, is a:

trade dress. The shape, design of packaging and color of an item, if distinctive, would be trade dress.

The three stripes on Adidas clothing represents a:

trademark. The three stripes are a logo design that distinguishes the product from other brands.

The Family Medical Leave Act provides that eligible employees be permitted:

twelve weeks of unpaid leave during any twelve month period. Eligible employees are provided up to twelve weeks of unpaid leave for any twelve month period.

Finley is a United States Senator. While at a friend's wedding he comments that another senator, Glen, is corrupt and is an alcoholic and drug addict. A reporter overhears this statement and includes the conversation in a written report that is published in the state's largest newspaper. Glen is called before a Senate investigatory committee and his reputation is permanently scarred. Is Finley guilty of defamation?

yes, he has committed slander There is no privilege as Finley was not acting in an official capacity. Finley disseminated the information such that the reporter overheard it and the reporter only further disseminated it.

Which of the following is used to separate and keep apart commercial, residential and industrial properties?

zoning Zoning allows a county or municipality to keep different use property separate.

Jack is a truck driver employee of Ace Trucking. While delivering his cargo he sees that the truck assigned to him is low on gas. Jack pulls into a convenient station and puts $50 worth of gas in which will allow him to complete his assignment and return to the depot.

Ace will be required to reimburse Jack for the cost of the gas based on implied authority stemming from his express authority to drive the truck Jack had the obligation to act with care to complete the job and purchasing necessary gas is implied from the actual authority stated. Jack will be reimbursed.

In Edgewater Motels, Inc. v A.J. Gatzke and Walgreen Company, Gatzke, an employee agent of Walgreen, while filling out expense reports under the scope of his employment, accidently started a fire due to careless smoking, severely damaging the Edgewater Motel. With regard to the smoking the court determined that:

Edgewater wins because the smoking occurred as Gatzke was performing his job and the slight deviation for his personal comfort was reasonable and was not a severe departure from his duties. Smoking while working, unless explicitly banned, is at best a slight deviation from assigned duties and does not negate liability for a principal.

Arthur Andersen was:

Enron's auditing firm. Arthur Andersen was Enron's long time auditing firm.

In Estrada v. Fedex Ground Package System, Inc., the court determined that the plaintiffs were employees for each of the following reasons except:

Fedex required the drivers to supply and use their own trucks. Supplying and using their own trucks points to independent contractor status however the other facts convinced the court of employee status.

The Takings Clause is found in the Constitution's:

Fifth Amendment The Takings Clause is found in the Fifth Amendment.

Which of the following is not an example of a trademark lost, or in danger of losing protection, due to its becoming a generic term?

Ford Ford is not a name applied generally to all or most cars

In Grimshaw v. Ford Motor Company, Ford was found liable because:

Ford placed profit over the potential impact to customers including potential loss of customer's lives. Ford knew of the defect but deemed the cost of repair too excessive as compared to potential losses from law suits.

The Equal Protection Clause is contained in the:

Fourteenth Amendment The Equal Protection Clause is contained in the Fourteenth Amendment.

Protections under the Bill of Rights were extended to include restrictions and actions by state governments under the:

Fourteenth Amendment Passed after the Civil War the 14th Amendment extended Bill of Rights protections to include state actions.

Mike worked for Frank's Pizza as a driver and is an agent. His duties consisted of making deliveries along a designated route. One day Mike decided to see his girlfriend, Jackie, who lived 50 miles out of his pizza route. While driving to his girlfriend's, Mike injured a pedestrian, Chuck. The accident was caused because of Mike's negligent driving. Chuck is now suing both Mike and Frank's for personal injuries. Under the circumstances:

Frank's is not liable because Mike's was on a frolic of his own. A 50 mile deviation is a frolic which will free the principal from liability as being well outside the scope of employment

In Pagan v. Fruchey and Village of Glendale, Pagan sued questioning a village ordinance prohibiting the parking of a car on a public street displaying it for sale. Pagan won because:

Glendale did not prove that the ordinance directly advanced their claimed governmental interest because they based their argument on opinion rather than data The presentation by the Village failed to meet its burden of showing that the ordinance actually advances its claimed interest in public safety.

Which of the following is also called the Taft-Hartley Act?

Labor Management Relations Act The Labor Management Relations Act is frequently referred to as the Taft-Hartley Act.

Management is permitted to voice objections to the formation of a union under the:

Labor Management Relations Act. The Labor Management Relations Act permits employers to voice objections to the formation of a union.

The following act was passed specifically to monitor and prevent corruption in major trade unions:

Labor-Management Reporting and Disclosure Act. The Labor-Management Reporting and Disclosure Act established a system of reporting and checks to monitor and prevent corruption in major trade unions.

Lindsay is Jon's manager and calls him into her office after everyone else has gone home for the day. She closes the door and tells Jon that he is a thief and that he must return items that he stole from the company. In fact, Jon is extremely honest and has never stolen anything in his life. He is extremely upset and starts to feel sick.

Lindsay has not committed a defamation tort Defamation has not occurred because no communication or dissemination to a third party has occurred.

The Uniform Commercial Code has been adopted in every state except:

Louisiana, a state with deep civil law roots, has not adopted the Uniform Commercial Code.

Martha and Bill have applied for teaching positions in your school's accounting department. Martha is a recent graduate with her PhD in accounting and one published paper. She has no teaching experience except for classes taught as a teaching assistant during her PhD program. Bill also has a PhD in accounting and has been teaching for five years at a major university. He has eight published papers. Both are hired as tenure track assistant professors and assigned two 101 courses and one 102 course. When Martha later discovers that Bill's salary is $10,000 higher than hers she is furious and files suit under the Equal Pay Act. Will she be successful?

Martha does not have a valid cause of action because Bill is being paid a different salary based on factors other than sex Bill is being paid more because of his superior qualifications coming into the job and not because of sex.

Which of the following situations is not a situation in which strict liability applies?

T.J. manufactures cheap clothing that falls apart after minimal use Clothing that falls apart does not create a dangerous condition. The products may be cheap and flimsy but they are not defective to the point of causing harm.

Which of the following literary works, although fictional, has been extremely influential in affecting American statutory law and is often cited in legislative histories regarding employment law?

The Jungle by Upton Sinclair The Jungle by Upton Sinclair shocked the nation and has been often cited in legislative history when debating employment regulations

In Hayes v Zoological Society of Cincinnati, Hayes was demoted and then fired after reporting dangerous conditions at the defendant zoo and then testifying for Stober, a fellow employee injured at the zoo. She sued based on retaliation. The court found:

for Hayes because she reported safety violations that could harm members of the public as covered under Ohio law and the zoo could not justify the demotion and firing independent of retaliation. The Ohio whistle-blower statute provided for protection for reporting conditions dangerous to the public.

The Fair Labor Standards Act is administered and enforced by the:

U.S. Department of Labor. The FLSA and its regulations are administered and enforced by the U.S. Department of Labor.

The principal federal trial court is the:

U.S. District Court. Lacking a federal inferior court, the principal federal trial court is the U.S. District Court, the lowest level federal court.

he official publication of federal statutory law is the:

United States Code. The United States Code arranges all existing federal laws in a system organized by title and divided into chapters and sections.

In Custom Vehicles v. Forest River, Custom sued because Forest used the term "Work and Play" to describe a van they manufactured after Custom had registered the mark "Work-N-Play" to describe a vehicle they had built. The court found no trademark infringement because:

Work-N-Play had not acquired a secondary meaning so as to qualify as a descriptive trademark. Work-N-Play had not acquired a secondary meaning due to minimal sales and a lack of advertising such that the public recognized it as a descriptive mark.

Mike asks his girlfriend Brandi if he could borrow her car. Brandi agrees to allow Michael to use her car for the day.

a bailment has been created Mike is in possession of Brandi's car which is a bailment.

Rich has been arrested for a series of twenty one home burglaries that spanned over nine months. The news regarding the crime spree was on television, on radio and in the newspapers on a regular basis. His lawyer doesn't believe that Rich can get a fair trial locally so he will ask for:

a change in venue. Venue has to do with the location of a trial.

Under Art. 9 of the UCC, which of these could not be used as collateral?

a house Real property is not covered under Art. 9 of the UCC.

Each of the following is personal property except:

a house. A house is real property.

Which of the following would generally not be patentable?

a mathematical formula that allows one to calculate the gross national product Mathematical formulas are not generally considered patentable

Which of these debts may be discharged in a bankruptcy?

a new auto purchased 90 days before filing A new auto purchased 60 days before filing may not be discharged but 90 days before may be discharged.

With regard to polygraph tests:

a privately owned drug company may require tests of their employees. Employees working for security and pharmaceutical companies are exempt from normal employee protections and may be subjected to polygraph tests.

Iowa has just passed a law mandating a 30 day jail sentence for those convicted of harassing a bicyclist on any Iowa road. This law would be best described as:

a public law. This law is statutory so it is considered public law.

Mia has written a deed that says, "To Chelsea for life and upon her death, the property shall go back to me." What kind of interest does Mia have in the property upon Chelsea's death?

a reversion When property goes back to the original owner it is said to be a reversion back to the owner.

Which of the following would be valid grounds to recognize and apply a bona fide occupational qualification?

a survey of customers at a health spa indicates that same sex attendants are wanted in locker rooms for privacy reasons BFOQs may not be based on customer preference except when personal privacy or modesty is at issue and safety issues are to be decided by the employee, not the employer.

Generally, constitutional protections do not apply to:

acts of privately owned businesses Constitutional protections apply to government but not private acts.

Respondeat superior makes a principal liable for:

acts of the agent based on implied authority. Principal's are liable for damages caused by agents acting under their authority.

One criticism of the USA Patriot Act is that:

adequate safeguards are not in place to prevent the government from using the act to invade citizen's privacy Although there is an infrastructure regulating the government searches, many believe it to be inadequate and not as protective as needed.

Regulations created and enforced by federal regulatory agencies are examples of:

administrative laws. Laws pertaining to regulatory agencies fall under the category of administrative law.

In Hannington v. University of Pennsylvania, the court had to determine whether an attorney acted under apparent authority regarding the negotiation and signing of a settlement agreement. They determined that:

after six months of negotiations it is reasonable to believe that an attorney has apparent authority to finalize an agreement on behalf of the principal. The court considered that six months of representation created a reasonable belief that apparent authority existed for the attorney to bind his client.

Which of the following is not a protected class under the original Civil Rights Act of 1964?

age Age is protected under other statutes but is not a Title VII recognized class.

Which of the following would not be considered a real estate fixture?

an area rug laid out in the living room with double sided tape to keep it in place The area rug is not permanently attached and would not be a fixture.

How is a debtor protected in bankruptcy from the moment of filing?

an automatic stay is placed on all collection efforts The automatic stay halts all collection efforts against the debtor.

The act of taking away private property by the government is called:

condemnation. Condemnation is the act of taking away private property by the government.

What does going through the process of accord and satisfaction do?

contract terms with creditors are renegotiated, releasing the debtor from liability by settling debt Accord and satisfaction is an attempt by debtors to renegotiate the terms of their loans with their creditors in an attempt to get the creditor to agree to an amount less than they are owed.

The source of each of the following types of law is primarily statutory except:

contracts for services. Contracts for services are primarily common law issues.

The civil counterpart to theft is:

conversion. Conversion reimburses a party who suffers damages due to theft or another's substantial interference with their ownership of property.

Which of the following is intellectual or intangible property?

copyrights and patents Copyrights and patents are rights that do not have physical properties.

The No Electronic Theft Act primarily addressed protection regarding:

copyrights. The No Electronic Theft Act provided additional criminal sanctions for copyright infringement, expanding the Copyright Act's sanctions.

Which of these creditors has first priority?

court costs Administration expenses including court costs, trustee and attorney's fees are first in the order of priority for unsecured creditors.

An easement by prescription:

creates a right of use in the land in question An easement by prescription occurs after the continuous use of another's property over a statutory period occurs making the right to use the other person's property permanent.

The triple bottom line in the perspective of corporate social responsibility consists of each of the following except:

creation of private value. The triple bottom line does not look at creation of private value as a perspective of corporate social responsibility.

Which of the following is not a general category of torts?

criminal torts Torts are civil wrongs.

In Flagiello v. Pennsylvania Hospital, the court had to balance the hospital's negligence against the charitable immunity doctrine to determine whether Flagiello could recover for injuries sustained on the hospital's property. The court determined that:

current societal norms rendered the charitable immunity doctrine inapplicable to this case and that fundamental fairness allowed the court to deviate from established case precedent and find for Flagiello. Case precedent can be rejected by the court if changes in law and society indicate a need for change.

Which of the following is not eligible for immediate trademark protection?

descriptive trademarks Descriptive trademarks must acquire a secondary meaning which could take years to occur.

In which of the following situations is the agent not liable should the principal breach the contract with the third party?

disclosed agency Agents in a fully disclosed agency have no liability because it is clear that they are acting for a principal who will be liable.

If an agent acts in a disloyal manner and realizes a personal profit from their acts, the court may order a return of the funds which is called:

disgorgement. Disgorgement is a remedy available to punish an agent for disloyalty by stripping them of any profits derived from their improper acts.

The business necessity defense is a defense to:

disparate impact cases Business necessity is a defense used when a company's policy or procedure impacts a particular class making disparate impact an issue.

Your school's police/security force requires that all officers be over 6' and over 200 lbs. This requirement creates a:

disparate impact regarding women. Because women tend to be smaller than men, this requirement, although neutral on its face, discriminates against women because most will be automatically disqualified.

Angel is Hispanic and has applied for a job at Buckets Inc. Buckets Inc. has a workforce that is 45% Hispanic, 35% black and 20% white. This closely approximates the available workforce available to Buckets. Angel is turned down for the job and is told that they have too many Hispanics, so he couldn't be hired. He is a victim of:

disparate treatment Angel was denied employment solely due to membership in a protected classification which constitutes disparate treatment.

April has refereed high school and women's college soccer for ten years. She is fit, knows the rules without question and has always received excellent evaluations. When she applies to referee men's college games, the men's college referee administrator tells her that he can't use her because women won't get the player's respect and that the game looks more serious and acceptable with men refereeing. April is the victim of:

disparate treatment discrimination. April is being overtly and intentionally discriminated against based solely on her gender making this disparate treatment discrimination.

An easement written in a deed is called an:

easement by grant. An easement by grant is generally written into and created in a deed.

The right to take away private property for the public good or for public use is called:

eminent domain. Eminent domain is the right to take away private property for the public good or for public use.

Under the American legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and defendant:

are paid for by each side with the plaintiff and defendant paying for their own legal costs. Under the American system, generally both sides bear their own costs of litigation.

Which of the following will be a valid defense in a strict products liability case?

assumption of risk Assumption of risk, although narrowly construed, will be a valid defense in a strict products liability case.

Chris wanted to get a loan from the bank but he has bad credit. In order to get the money he convinced Eric to cosign as surety. Now Chris has stopped making the payments. When is Eric liable for repayment of the loan?

at any point Eric is always liable to pay the loan because he is primarily liable as a surety.

KAM Corp has separate Codes of Ethics and Conduct. Each of the following would likely be included in their Code of Ethics except:

avoidance of conflicts of interest Avoidance of conflicts of interest is a matter for a Code of Conduct.

The origination of the employment-at-will doctrine is:

based on common law. The employment-at-will doctrine is rooted in the common law and is subject to limited state statutory modifications.

Trade secrets are protectable:

for as long as the company desires. A company's trade secrets may be protected for as long as the company exists if they continue meeting protection requirements.

A trademark can be any of the following except a:

formula. A formula would be a trade secret but not a trademark.

An Oregon Corporation and a New Hampshire Corporation have entered into a contract and agreed that any legal disputes will be conducted using New Hampshire law. This agreement is called a:

forum selection clause. Voluntary agreements regarding the law to be used should litigation occur are called forum selection clauses.

When a party files a writ of certiorari to the U.S. Supreme Court, how many justices must vote to hear the case for it to be accepted for review?

four Four of the nine justices must vote to hear a case for the court to accept it for review.

Chuck is renting an apartment and he has a problem. All night he hears the scurrying around of rodents and each morning he finds cereal boxes and other cardboard food containers gnawed at. He has also noticed droppings all over the apartment including in the children's nursery. He has complained to the landlord who simply replies, "Hey, this is center city, everybody has a rat problem." Landlord is breaching Chuck's right to:

habitability. A persistent rat problem will make the premises uninhabitable triggering certain tenant remedies.

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following unless consent to monitor is granted except:

employee e-mail. The ECPA does not regulate or prohibit e-mail usage or monitoring.

With regard to whistle-blowers:

employers may terminate whistle-blowers if they can prove a reason for termination independent of retaliation for the whistle-blowing. Whistle-blower statutes protect employees from retaliation but do not protect them from poor performance.

The Worker Adjustment and Retraining Notification Act applies to situations in which entire plants are to be shut down or a layoff is to occur. WARN applies to:

employers of 100 or more full time workers with a layoff of 50 or more to occur. WARN requires notification of a planned layoff and applies to employers of 100 or more full time workers with a layoff of 50 or more to occur.

Enron Corporation was a multinational conglomerate with a core business of:

energy trading. Enron Corporation was a multinational conglomerate with a core business of energy trading.

The Fair Labor Standards Act was originally intended to cover employers:

engaged in interstate commerce only. The Fair Labor Standards Act was originally intended to cover employers engaged in interstate commerce only.

A statute of limitations that most appropriately falls under the equitable maxim is:

equity aids the vigilant. One must be vigilant and be sure to file a law suit before the statute of limitations runs, barring the suit.

Which of the following, from highest to lowest, properly demonstrates preemption?

federal administrative law; federal common law; state statutory law

Bankruptcy is primarily governed by what type of law?

federal statutes Bankruptcy law comes primarily from federal statutes.

Brad has left 50 acres of land to the First Church of Magnolia with the condition that they shall own and have rights to it forever, however, should they ever permit alcohol to be served on the premises, the property would immediately go back to Brad or if Brad were deceased, to his heirs. Brad has granted the church a:

fee simple defeasible. Because the church could lose ownership rights to the property should a named condition or event occur, the ownership right of the church would be as a fee simple defeasible.

The EEOC is a _____ member commission.

five The EEOC consists of five members appointed by the president with approval of the Senate.

When Bad Frog Brewery, Inc., placed a label on their product showing a frog with unwebbed fingers with its middle finger extended, New York State sued to prohibit the use of the label claiming it to be obscene and claiming an interest in protecting the state's children. The court found:

for Bad Frog because the labels did not concern an unlawful activity and the state did not prove its interest in protecting children from vulgarity The court did not find a substantial effort to advance a valid state interest so the Central Hudson test was not met.

Penny is renting an apartment from Albert. Every time Penny flushes the toilet the toilet overflows and she must clean and mop the floor of her bathroom. She has complained numerous times but Albert will not fix the problem. Albert is breaching Penny's right to:

habitability. A premises with an overflowing toilet is unsanitary and therefore not habitable.

In In re Jones Jones graduated from college and then went to law school. He graduated from law school but was unable to pass the bar exam. Over the next decade he worked various jobs before going back to school again for a masters. Jones took out student loans to pay for his education, resulting in $140,000 of debt. He filed for bankruptcy and sought to have the student loans discharged for "undue hardship." The court held that the undue hardship standard:

had not been met because a healthy, educated, employable man paying back the loans would not amount to undue hardship. The court held that Jones was a highly educated, healthy person with marketable skills who could pay back his loans. He was not attempting to seek suitable employment.

AIG received a government bailout to save the company because: A. had the company gone bankrupt, too many employees would have become unemployed without sufficient unemployment insurance to aid them.

had the company gone bankrupt, the U.S. financial infrastructure would have been severely or even irreparably damaged. AIG was deemed to be too important to the financial infrastructure of the U.S. to be allowed to fail.

Secondary sources of law:

have no legally binding effect. Secondary sources of law are generally advisory and may or may not be adopted or followed as a state seems fit.

When a state action is found to be based on a semi-suspect (a/k/a quasi-suspect) classification the courts will employ:

intermediate scrutiny When dealing with a semi-suspect (a/k/a quasi-suspect) classification such as gender or illegitimacy, the courts will employ intermediate scrutiny.

After over 100 years, the Chicago Cubs have won baseball's World Series. They want a parade down Michigan Street at 10:00 am on Friday and the City tells them that the parade will be down Rush Street at noon on Saturday. The city claims that Rush Street on Saturday will provide more safety and convenience for the city's citizens. The Cubs claim a violation of their freedom of speech. If a law suit ensues, what standard of review will the court use to resolve the issue?

intermediate-level scrutiny The protection of citizens is an important governmental objective substantially related to the government's objectives.

The highest and most comprehensive duty owed by a landowner to a person on their property is to a:

invitee. An invitee must be warned of known dangers and there is a duty to inspect the premises for hidden dangers, making efforts to quickly make necessary repairs.

Under the Health Care and Education Reconciliation Act, employers offering high end health care policies in 2018 will be required to pay additional taxes to help fund the Act's plan. A high end health care policy is defined as costing more than:

$27,500 per year. Any employer offering a plan costing $27,500 or more as of 2018 will be required to pay additional taxes based on the total cost of the plan.

Morris is a nonexempt employee with a salary of $400 a week based on a 40 hour week. If he should work 50 hours in a particular week his paycheck should be for:

$550 His base is $10 per hour so he would receive $15 per hour for the 10 hours of overtime so his total would be $400 + $150=$550.

In Estate of Weingeroff v. Pilatus Aircraft, the plaintiff's representative brought a diversity action against Pilatus, a Swiss company that manufactured the plane that crashed killing Weingeroff. The court decided that:

Pilatus wins because the $1M+ that they spent in Pennsylvania was too insignificant to create minimum contacts and no specific marketing was done targeted to Pennsylvania. Pilatus's spending in Pennsylvania constituted less than 1% of their total spending over five years and no target marketing or direct sales occurred in Pennsylvania.

Kathy was returning to the United States after a vacation when the Customs Service confiscated some goods she had purchased abroad and brought back with her. The determination of whether the government acted properly and the type of hearing that she must be provided is an analysis of:

Procedural Due Process What the government must do to seize private property and the type of hearing required are Procedural Due Process issues.

Trish makes $30,000 a year. The median income for her state is $28,000. She owes over $50,000 in various debts and is considering ways to address her situation. Which of the following is not one of her options to fix her debt issues?

Chapter 7 bankruptcy Trish does not meet the means test requirement and is therefore not eligible to file for Chapter 7.

In Ricci v. DeStefano, Ricci, a white firefighter, took and passed the City of New Haven firefighter's test, required of all applicants for promotion in the city's fire department. The test was thrown out when it was discovered that minorities scored poorly and the city feared a disparate impact based law suit.

An employer may not simply disregard a test based on unwanted results unless the test is shown to be biased or deficient if a test is valid, disparate impact cannot be claimed simply because of poor scoring by a particular group.

Bob has inherited a small home in Wyoming from his deceased Uncle George. Bob has no desire to live in Wyoming but he enjoys going up to his Wyoming property to fish for two weeks every fall and spring. George's lawyer has agreed to have the home secured when Bob leaves and to have it opened when he's planning to visit. George's lawyer, without asking or informing Bob, has suggested to his freeloading brother Alan and Alan's wife Judith that they stay at Bob's Wyoming place and simply vacate just before Bob shows up which they do. They live there acting like the owners for forty-eight weeks every year. The statutory period for adverse possession in Wyoming is ten years. After twelve years Alan and Judith file for ownership under Wyoming's adverse possession statute.

Alan and Judith will not be successful because their control of the property was not exclusive or continuous Bob visited the property regularly and Alan and Judith essentially hid when Bob arrived so their use was shared with the true owner and was not continuous due to their forced two week absences.

Amanda is driving towards a busy intersection. As she goes through the intersection she looks down and reaches to adjust the radio in her car. She runs a red light and hits another car which then runs into a utility pole, knocking it down and causing a power loss in a 3-mile radius. It takes the utility company 48 hours to restore electricity to the area because of a strike by the utility union. Kimberly sues Amanda because all the food in her refrigerator and freezer spoiled due to the power outage. What will the result be?

Amanda will not be liable to Kimberly because her conduct was not the proximate cause of Kimberly's damages. Kimberly's spoilage was not a foreseeable result of Amanda's negligence and was simply too remote.

The National Conference of Commissioners on Uniform State Laws (NCCUSL) was formed by the ________ for the purpose of establishing uniform standards in areas of law where national interests would be achieved through the use of uniform laws.

American Bar Association The National Conference of Commissioners on Uniform State Laws (NCCUSL) was formed by the American Bar Association.

Which of the following scenarios would most likely result in strict liability?

Amos buys a bag of Chips Ahoy chocolate chip cookies and breaks a tooth when he bites into one with a small rock that looks like a chip in it Strict liability will apply regarding foods sold to the public that are defective or dangerous.

Jon and Amy work for Dover Farm and Home Company. Jon and Amy are caught one day, stealing a tractor. The next day, Jon was given a verbal warning and Amy was terminated.

Amy has a claim for discrimination based on gender discrimination. It is highly likely that her sex played a part in her firing since she and Jon committed the same offense.

Which chapter of the bankruptcy code is best thought of as temporary protection from creditors while a business goes through a planning process to pay creditors while continuing to do business?

Chapter 11 Chapter 11 sets rules for companies who want to pay off their creditors and still continue to do business.

Angelina hires Brad to drive a truck to a depot 200 mile away. She specifies the route that he is to take and tells him to be sure to arrive by 5:00 pm. On the way, Brad finds himself nodding off due to hunger. He checks the time and finds that he has plenty of time to make the 5:00 pm deadline so he decides to stop at a diner that he is familiar with. The diner is ¾ of a mile off of the route that Angelina had specified. Brad does not call Angelina to ask for permission. On the way to the diner, Brad runs a light and has a collision with Billy Bob. Billy Bob sues Angelina.

Angelina loses because Brad was on a detour, so she is liable Since Brad is required to act prudently, stopping for food when tired is appropriate. A leaving the route for a ¾ mile stop is not so far as to make this detour a frolic

Which of the following situations will create diversity jurisdiction?

April, a Delaware resident sues Mike, a New York resident driving in Delaware, for $80,000 when he rear ends her while she's riding her bicycle and severely injures her. Diversity jurisdiction requires citizens of different states and a controversy of $75,000 or more. It is not meant to create jurisdiction a state sues another state.

The primary authorization of Constitutional powers is given to Congress under:

Article I of the Constitution The primary authorization of Constitutional powers is given to Congress under Article I with enumerated powers listed in 18 clauses.

The reorganization plan is unique to what type of bankruptcy filing?

Chapter 11 The reorganization plan is used by businesses in chapter 11 filings to be able to continue operations while in bankruptcy.

Karl is a driver for Arnold's Appliance Store and delivers appliances to customers. One day, Karl negligently secures a washer and dryer in the back of his truck and while driving, the washer falls out of the truck. Jan, driving behind the truck, sees the appliance flying at her and swerves into a telephone pole. Which of the following is correct?

Both Karl and Arnold's are liable Karl was negligent and responsible. Arnold's will be responsible for Karl's acts based on Respondeat superior.

This bankruptcy chapter filing option liquidates the debtor's property to repay creditors and discharge the debts.

Chapter 7 Chapter 7 liquidates the debtor's assets to repay the creditors.

In Cipollone v. Liggett Group, Inc., et al., Cipollone sued based on state laws regulating advertising and promotional activities in the tobacco industry.

Cipollone lost because he relied on State law which was preempted by federal law When federal law is passed and it clearly intends to preempt state law in a particular area, the state law will be overruled and null.

The Equal Employment Opportunity Commission was created by the:

Civil Rights Act of 1964. The EEOC was created in the Civil Rights Act of 1964 to monitor compliance with the statute.

To which of the following would a dram shop law apply?

Curley's Tavern Dram shop laws apply to businesses that serve alcohol.

In Metro-Goldwyn-Meyer Studios v. Grokster, Ltd., Grokster claimed a fair use exception to the copyright infringement claim because their process was such that it was impossible for Grokster to know if the users of their device were infringing or not:

Grokster was denied the fair use exception because the majority of their business model was dedicated to appealing to former Napster customers and the model showed intent to infringe on copyrights. Grokster was designed to follow in Napster's footsteps with a different business method. Ultimately, the aim was to infringe, just as Napster had.

The Happy Days Day Care is hiring a child care worker. On their application they specifically ask if you've ever been arrested. Tina has applied for a job at Happy Days and answered no to the question. She has also answered no to the question asking if there is any reason that she would not be qualified to work with children. Soon after Tina is hired she severely shakes a baby to stop it from crying causing the baby injuries. It is discovered at trial that Tina has been fired from numerous day cares for baby shaking and other various offenses. If the baby's parents sue Happy Days:

Happy Days is liable for negligent hiring. When hiring someone to deal with the public the employer must make a reasonable investigation as to the person's background. Simply asking the applicant is insufficient.

Protection of employee medical information is addressed by the:

Health Insurance Portability and Accountability Act. HIPPA is designed to protect employee medical information.

Which of the following is an example of a suggestive trademark?

IHOP IHOP suggests pancakes which is their signature product.

In Cavel International, Inc. v. Madigan, Cavel, the only exporter of horsemeat to Europe for human consumption fought an Illinois state law prohibiting the slaughter of horses if the primary reason for slaughter was to produce horsemeat for sale. The court decided:

Illinois had a legitimate interest in prolonging the lives of certain animals and there was only a minimal effect on interstate or foreign commerce States may regulate commerce outside of their borders if it is nondiscriminatory regarding other states or nations and if it is a legitimate effort to regulate health, safety and welfare.

Professor Smith has placed an ad in the school newspaper advertising a lap top computer for sale. Janice is in Professor Smith's econ class and approaches Smith during office hours and purchases the computer. Professor Smith has been at the school for over ten years and is popular with students and faculty. The price Janice pays is just a bit below the fair market value of the computer. Six months later, the police come to Janice's home and inform her that the computer was stolen.

Janice will lose the computer because she can not obtain good title to stolen goods One can never acquire ownership rights to stolen property

When Enron's top executives were subpoenaed to testify before Congress, each exercised their constitutional right against self incrimination except:

Jeffrey Skilling, Chief Operating Officer Jeffrey Skilling chose to testify and claimed that the company was in good shape at the time of his resignation.

The reputed mastermind of the Enron business model was:

Jeffrey Skilling, Chief Operating Officer. Jeffrey Skilling, Enron's Chief Operating Officer developed the business plan and was the mastermind behind Enron's rise.

The utilitarian approach to moral philosophy was founded by:

Jeremy Bentham. The founder of utilitarianism was 18th century philosopher Jeremy Bentham.

Joey owned three homes in three different states. He tells Monica that she can live in his Iowa home until he decided to start using the home again in the future. Monica moves in and lives there for thirteen years when Joey calls and says that he wishes to start using the home and that she must move out. Monica tells Joey that the statutory period for adverse possession in Iowa is ten years and that she is now the owner.

Joey owns the land because Monica was not adverse or hostile because she was there with his consent Monica was on the property with the owner's knowledge and permission so adverse possession could not occur.

Joyce contracted with Mega Drug Corporation to buy vitamins on behalf of Howard, a personal trainer. Howard told Joyce to use her own name and not to disclose to Mega that she was working for Howard. If Joyce signs the contract in her own name only and Howard won't honor it:

Joyce is liable but may sue Howard based on indemnification. An agent in an undisclosed agency is liable on the contract but may seek indemnification from their principal if they suffer a loss due to the principal's wrong acts.

In PGA Tour, Inc. v. Martin, Martin was a golfer who sought accommodation under the Americans with Disabilities Act for a recognized disability which caused pain due to restricted blood flow between his legs and heart. He asked to use a cart which would then permit him to play full rounds of golf. The PGA responded that its rules prohibited carts during tournament play and that allowing cart use would fundamentally change the game. The court determined that:

Martin should be allowed to use the cart because it provided him with little or no advantage under the circumstances and such an accommodation was not unreasonable nor did it fundamentally change the game. Martin's accommodation request was deemed reasonable because it did not fundamentally change or harm golf and it gave him little or no advantage.

Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting her behavior:

Mike wins if he had previously complained to the school and they had done nothing to stop the harassment. A woman can sexually harass a man and as long as he made his superiors aware of the problem he has a cause of action.

What is the name of the legislation that helps homeowners avoid foreclosure by offering certain guarantees when refinancing a mortgage?

Mortgage Forgiveness Debt Relief Act The Mortgage Forgiveness Debt Relief Act was enacted to help homeowners avoid foreclosure by offering certain guarantees and tax breaks when refinancing a home.

Unsafe workplace conditions are monitored and regulated under:

OSHA. The Occupational Health and Safety Act was promulgated to regulate, monitor and enforce workplace safety standards.

Rita Reporter works for a major news network and has been assigned to investigate a story about a woman's death in a small town. She interviews police and other public officials and the investigation is pointing to the woman's ex-husband. When she reports live on the air, she states that the investigation is ongoing; however, the ex-husband is the prime suspect. In fact, the police have just ruled out the ex-husband but she hasn't yet been informed of that fact. The next day, the ex-husband is fired, his new wife moves out and friends are now refusing to talk with him.

Rita is not guilty of defamation due to a qualified privilege Employees of media organizations enjoy a qualified privilege from defamation if they act in good faith.

Sara is broke but needs a gown to go to a formal dance sponsored by her company. She goes to a local dress shop and purchases an expensive gown she cannot afford. She wears the gown to the event tucking in and hiding the price tag rather than removing it. She dances all night and the next day goes back to the shop and returns the dress. The store's policy is that they will accept returns for thirty days as long as the price tag is still attached.

Sara has not acted ethically because this is not an accepted act in the general society This is not an act that is generally accepted or condoned in society so it is immoral and unethical.

In Automotive Supply Co. v. Scene-in-Action, Scene rented a commercial space from Automotive. Soon after taking possession of the premises the heat started malfunctioning for hours at a time with the temperature dropping to below 50 degrees. After numerous employees stopped coming to work due to cold and illness, Scene moved out, claiming a constructive eviction.

Scene was entitled to vacate the premises within a reasonable amount of time and was not required to vacate immediately A tenant denied a habitable premises and denied the beneficial use of the premises may vacate within a reasonable amount of time and is not required to do so immediately upon discovery of a problem.

Shelly is a state legislator. A bill to legalize gambling has been introduced in her state and she is deciding how to vote on it. Shelly owns 10,000 shares of stock in a company that manufactures slot machines. She wants to remain ethical and is not sure if she should disclose her holdings and disqualify herself from the vote.

Shelly should disclose her holdings and disqualify herself from voting because her potential conflict of interest, real or not, would make her actions ethically questionable A conflict of interest would make her actions ethically questionable even where no distinct right or wrong action can be determined.

Disability benefits are provided to eligible workers pursuant to the:

Social Security Act. Disability paid for workplace injuries is found under the Social Security Act.

In Belanger v. Swift Transportation, Inc., after Belanger had an accident driving a company vehicle, the accident was reported to a government website. Belanger claimed that Swift acted with malice and lost any reference related privilege by reporting information to a third party website.

Swift followed all company procedures so they did not act with malice and defamation did not occur Swift's qualified privilege was retained because they followed all necessary procedures and the report to the web site has obvious importance regarding public safety

Most state workers' compensation statutes exempt each of the following except:

Tom is a full time custodial worker employed at a local store. Most state workers' compensation statutes exclude seasonal, domestic and part time workers from coverage.

Mighty Motors is a major automobile manufacturer with assembly plants in small towns throughout the United States. Mighty Motors is suffering losses in the current economy and has decided to stop manufacturing the Mighty Brute, an SUV with horrible gas mileage that simply isn't selling. They will also be closing the only plant that is exclusively dedicated to manufacturing the Brute. This particular assembly plant is the primary employer in the town that it is located in. Who, among the following would be considered a secondary stakeholder in this decision?

Tony who runs a pizza shop that many of the plant employees go to for lunch and sometimes dinner Tony, while not directly linked to Mighty Motors, will be harmed due to loss of business in an indirect manner. Mike has no direct or indirect link to Mighty Motors.

In 2006, Martin purchased a home in a residential development and in 2010 he sold it in fee simple to Richard. A week after Richard moved in the local cable company came to his door to inform him that they would start digging up his yard to install underground cable for the neighborhood. When Richard objected he was told that they had a right to do it and he should check with his lawyer. A call to the lawyer confirmed the right of the cable company to enter his land and dig. Which of the following would have given the cable company this right?

an easement by grant Deeds for residential development properties generally contain easements for utility companies to enter one's property for utility related reasons. An easement named in a deed is an easement by grant.

A petition for bankruptcy that is filed by creditors against a debtor is known as what type of filing?

an involuntary bankruptcy Involuntary bankruptcy actions are filed by creditors to force the debtor into bankruptcy.

With regard to negligent hiring, the courts would require the least amount of scrutiny regarding:

an office worker. Of the choices the office worker comes into the least amount of contact with the public and has the least opportunity to create harm.

Which of the following is not available in a court of equity?

an order for the payment of money damages for a breach of contract Remedies in equity do not include monetary damages.

Diversity jurisdiction requires citizens of two different states:

and a controversy of $75,000 or more. Diversity jurisdiction requires citizens of two different states and a controversy of $75,000 or more.

Which of the following involves the analysis of personal jurisdiction?

application of a long-arm statute A long-arm statute is used to obtain personal jurisdiction over an out-of-state defendant. The remaining choices are examples of subject matter jurisdiction.

After numerous threats from the federal government to enact laws and taxes to recoup bonus money paid to executive employees at AIG, of the reported $165 million paid out, how much was returned by those receiving bonuses?

approximately $50 million Nearly $50 million was returned by AIG executives.

Treaties:

are entered into by the President subject to Senate approval The President negotiates and signs treaties subject to approval by the Senate only.

Eligible workers who take leave under the Family Medical Leave Act:

are not entitled to be paid their salary but the employer must continue providing medical benefits. Employers are not required to pay employees on leave but must maintain their health coverage during the leave.

) Mike has admired Monica for a long time and has wanted to date her but is too shy around girls to ask. He is a football player with a reputation of being the toughest player on the team. Monica is scared of Mike because of his size and reputation. One day Mike summons the courage and approaches Monica who has her back to him and doesn't know he's there. He puts his arms around her and gives her a gentile kiss before letting go. He can't believe what he did, apologizes and runs away. Monica is slightly shaken but physically unharmed. Mike has committed:

battery. Even though no physical harm resulted, Mike did initiate offensive or unwanted bodily contact which constitutes a battery.

Olivetone, Inc., a Florida corporation manufactures and sells sun tan products. Through their web site they sell their products in bulk to a company in Finland, who then distributes and sells the Olivetone products to Swedish companies for retail sale to Swedish consumers. Both Finland and Sweden are in the European Union but the United States is not. Should a dispute arise and Olivetone is sued, whose law will apply?

because the county of origin rule will apply, U.S. law will apply because the defendant's servers are in the U.S. The U.S., Canada and the European Union governments have agreed to adopt the country of origin principle applying the law where the defendant's servers are located.

Product liability law arises from:

both state statutes and state common law. Product liability law is found from both state statutes and state common law although most states are uniform or similar in their final laws.

The Due Process Clause is found in:

both the Fifth and Fourteenth Amendments Both the Fifth and Fourteenth Amendments contain Due Process Clauses.

A gratuitous agent:

breaches the duty of care when grossly negligent. Gratuitous agents are held to a lower duty of care and breach that duty when acting in a grossly negligent manner.

The fact that the actual negligent act must directly cause the injury is called the:

cause in fact. Cause in fact is the direct link between the negligent act and the injury.

Kathy, a fashion model, witnesses a motor vehicle accident but does not stop because she was late for her pedicure and simply didn't want to get involved. Had she stopped she could have saved the life of Tom who was thrown from the car and landed in a water filled ditch, without danger to herself. When Tom's widow hears that Kathy could have easily saved Tom's life but chose to ignore the situation she sues Kathy. The state has no "good samaritan" laws or duty to assist laws but such cases have been brought in the past. Which of the following will the court apply when making a decision in this case?

common law In the absence of written law, courts will look to the common law and case precedent.

Tom is a city policeman and is Mr. August in the police charity calendar wearing only a pair of Speedos and a smile. Chuck is a fellow cop and a homosexual. Every opportunity that he has, Chuck brushes up against Tom and asks if Tom has ever been with a man. Chuck buys Tom gifts and leaves them by Tom's locker. Tom throws the gifts away immediately. Tom has asked Chuck to stop but Chuck just laughs and says that "I'll get you someday". Tom is and has always been a heterosexual. Tom has complained to his superiors pursuant to department policy but they claim it's just horseplay and not serious. If Tom files a complaint with the EEOC:

he has a valid case based on hostile work environment harassment. The court does recognize same gender harassment and Chuck's actions are severe enough to create a case for hostile work environment harassment.

Modern Corporation operates a steel mill. They have never contributed anything to the local community and they knowingly pollute both the air and river that runs by their mill. Their reasoning is that the cost to install pollution control devices would diminish their profits and they don't support the community because they provide jobs and don't think they owe anything else to the citizens in their area. Donating to the community would also diminish profits. Which theory of corporate social responsibility are they exhibiting?

he narrow view a/k/a invisible hand theory The narrow view a/k/a invisible hand theory believes that producing profit is more important that being socially responsible.

Which of the following inclusions in an employment advertisement would likely not be considered discriminatory?

high school graduation required High school graduation does not imply a particular sex or age.

Each of the following is a key component in the creation and implementation of a company's value management program except:

identifying the values that the company's peer competitors promote. Companies develop value management programs based on their own expectations and values and not by simply mimicking others.

Martin is an intern working for Tennessee Fried Chicken, an international company with over 1000 franchised restaurants throughout the U.S. and in twenty one other countries. They heavily advertise on television and in various print media that their chicken is superior due to their blend of "forty-two secret herbs and spices". Many have tried to duplicate the recipe unsuccessfully and burglars have even been caught trying to steal it. One day Martin is called into the president's office for an assignment and during the talk the president leaves the room leaving Martin alone. He sees the wall safe is open and looks inside seeing an envelope labeled "THE RECIPE". He opens it and sees that it's the list of the forty-two secret herbs and spices along with quantities and order of use. He quickly makes a copy of the recipe and returns the envelope to the safe. That afternoon he calls Bluto's Fried Chicken, a TFC competitor

if Martin sells the recipe to BFP, both Martin and BFP are guilty of misappropriation Since the recipe was widely regarded as a trade secret and it meets the other requirements for protection, both Martin and BFP are guilty. Leaving the safe open was an error but not an abandonment of the secret.

Sanchez borrowed money from Fifth National Bank to buy a car. She defaulted on the loan. Fifth National hired Rex's Recovery Service to repossess the car for a set fee. They were simply told to locate and seize the car. Rex's would be classified as a/an:

independent contractor Rex's is hired on a per job basis and is minimally controlled making them an independent contractor.

Mike calls Beth asking her to referee a soccer game. Beth is not obligated to work the game. If she accepts the assignment and works the game she is told the time of the game, she must wear an approved uniform and she is paid a fee. Once on the pitch (field) she is in complete control. Beth is considered a/an:

independent contractor. Beth is not regularly scheduled or required to work and is paid a per game fee rather than a regular salary. She is not directly controlled by Mike so she qualifies as an independent contractor.

The categorical imperative test consists of:

individuals making ethical decisions with an eye toward potential consequences if The categorical imperative test consists of individuals making ethical decisions with an eye toward potential consequences if everyone in society acted similarly.

Chapter 13 bankruptcy filings are limited to:

individuals. Only individuals who don't have any business debt may use Chapter 13.

Which of the following is not true of strict liability?

injury need not occur or be proven There can be no action for a tort without injury to an innocent party.

What is not typically part of a security agreement?

instructions on perfection The rules of perfection are typically part of state law and not specified or mentioned in a security agreement.

Mega Corporation has developed a strategic plan that calls for an emphasis on appealing to a younger demographic. If it decided that such an appeal to a younger market would necessitate a change in the corporate logo and trademark, such changes would require an understanding of:

intellectual property law. Corporate logos and trademarks are subject to intellectual property law.

If Alabama passes a statute specifically permitting high school girls to try out and play on varsity high school football teams if qualified, that statute would be reviewed using:

intermediate scrutiny Maintaining sexual equality is an action important to a governmental objective and would be reviewed using intermediate scrutiny.

The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed. These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain although data regarding accidents and injuries has not yet been determined. Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must have these flaps or go around the state. This Kansas 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 Intrastate laws that place a significant burden on interstate commerce may be regulated by Congress and are subject to preemption.

Judicial review:

is the power of a federal court to declare a state or federal statute invalid if inconsistent with the constitution Judicial review, established in the case of Marbury v. Madison, gave federal courts the right to declare a state or federal statute invalid if inconsistent with the constitution.

A forum selection clause:

is written into a contract when the contract is entered into. Forum selection clauses are agreed to voluntarily by the parties and written into the original contract.

Once stare decisis and case precedent is established:

it may be disregarded and overturned by a court if they deem such action appropriate. Case precedent must be followed unless a court determines that the prior decision is not reflective of the current law and social climate

In Arthur Andersen LLP v United States, Andersen's appeal of their previous conviction was overturned by the Supreme Court because:

it was determined that the trial court's jury instructions were defective. The jury instructions did not emphasize that the company had to have known that it was breaking the law as required by the statute being enforced

Generally, the agent's duty to keep an accounting means that the agent must:

keep records, receipts and other documentation of costs or income for the principal. The agent must be able to provide evidence of financial activities resulting from the agent's efforts and must not comingle the principal's funds with their own.

Black's Law Dictionary, as cited in the book defining the term law, includes each of the following except:

law regulates personal ethics. The definition does not refer to ethics.

The power to impeach and remove is a check and balance power of the:

legislative branch impeachment and removal is a legislative check and balance over executive and federal judiciary general powers.

Mike is driving when he has an accident. Robin who is driving behind him sees the accident and stops to help. She pulls Mike from the burning car and administers CPR saving his life. Mike is a wealthy landowner and wants to reward Robin so he gives her a home with the understanding that when she dies, the home will go back to Mike or if Mike were deceased, to Mike's heirs. Mike has granted Robin a:

life estate. Because Robin has ownership during her life with no right to pass the home on as an inheritance, Robin's estate is a life estate.

The Computer Software Copyright Act defined computer software programs as

literary work. By defining a software program as a literary work, it could be copyrighted and protected.

Your school's football coach has just been fired. When the athletic director informs him of the termination he tells the coach that although he has had recent winning seasons, the inability to make it into post season play and his inability to groom players for the pros has weighed prominently in the decision. He is also told that his recruiting has not been effective and that his fund raising has been disappointing. The AD then tells him that his pretty boy image makes him look too effeminate, he dresses like a nerd and that he doesn't portray the proper image of a head football coach desired by the school. Coach's best theory for pursuing a discrimination law suit is:

mixed motives discrimination. Under mixed motives, an employee is protected under Title VII in a case where legitimate motives were mixed with illegitimate motives if the employee proves the protected class membership was a substantial factor in the decision-making process.

A creditor with an interest in real property is called a/an:

mortgagee. A creditor with an interest in real estate is known as a mortgagee.

Philip believes that moral values inherent in mankind should form the basis of law and that these principles are a higher authority than man made law. Philip is a proponent of:

natural law. Natural law values moral values over national law.

Assumption of risk is a defense to

negligence. Assumption of risk as a defense applies only to negligence.

Carl Critic has just announced his choices of the worst Hollywood actresses of the year and Stella Starr has been named the worst of the worst. Carl's announcement, made in his weekly column titled "Random Musings by Carl Critic" and published in the local paper, claims that he believes her to have the least amount of talent in the movie industry and that she "can't act her way out of a paper bag". When Stella reads Carl's column she immediately starts to cry hysterically and then decides to sue him. Does she have a valid case of libel?

no, this was merely Carl's opinion Opinion may not be the basis for defamation.

Federal court judges are:

nominated by the President and subject to Senate confirmation. All federal court trial, appellate and Supreme Court judges are nominated by the President subject to confirmation or rejection by the U.S. Senate.

Bill is a lab technician and in charge of safety inspections and injury prevention due to faulty equipment at a university chemistry lab. One morning, as a result of his inspection, Bill discovers a gas burner with a broken valve. Bill gets distracted and fails to put an "OUT OF ORDER/DO NOT USE" sign on the faulty burner. When the morning class arrives, Halle uses the faulty burner and is burned when it catches fire. Bill's negligence is based on:

nonfeasance. Bill's failure to act when required to do so constitutes nonfeasance.

New York City has passed a law banning smoking of cigarettes and cigars in public bars and restaurants. This law would be defined as a/an:

ordinance. When a law is passed at a local level, that law is an ordinance.

Which option does not attempt to repay and discharge debt?

out of existence Out of existence is when a business simply stops operations without paying creditors.

Robert is a wealthy businessman who wishes to purchase a particular property. Realizing that the price might become inflated if his name is made known, he asks Faye to negotiate the purchase of the property on his behalf. Faye is the general manager of Robert's east coast operations. Faye reports directly to Robert and is supervised in all respects. Faye is told to tell Philip, the property owner, that she represents someone but she's told not to specify who she works for. The agency would be described as:

partially disclosed. A partially disclosed agency exists when the third party knows of the agency but not the specific identity of the principal.

Christine is a resident of Delaware and while shopping in Pennsylvania, is assaulted by Puuki, a New Jersey resident. Ordinarily, venue in this case would originally be in:

pennsylvania. Ordinarily, venue in criminal cases is in the state where the crime is committed.

Sophie is renting a home from Robert. There is no written lease and the agreement is that Sophie will pay rent on the first of every month. Either party may terminate the agreement with thirty days notice. Sophie has a:

periodic tenancy. Sophie is living in a month to month periodic tenancy.

Which of the following is a neutral requirement that is likely to result in disparate impact?

physical strength test must be passed A physical strength test is likely to discriminate against certain classifications unless it can be shown to be job related and necessary.

A patent holder should mark their product as patented in order to achieve the fullest protections. Each of the following is an acceptable means to mark the product except:

placing a P in a circle on the item or its packaging. The P in a circle is not an approved method of marking an item as patented.

The power of a municipality to pass zoning ordinances stems from:

police powers. Police powers allow the county government to make laws to advance legitimate objectives of the municipality.

Big Bucks Bank has published a detailed company ethical code based on an extensive values management process. The code specifies that all dealings with customers are to be fully documented and all dealings with the public are to be not only legal but should be based on what is best for the consumer. Everyone who deals with a customer is responsible for what they advise and must document conversations. Promotions and rewards will be based on not only productivity but also on fairness and how the customer is dealt with. At the weekly mortgage department meeting, Bill the supervisor informs his department that the loan production is way down and that they need to do whatever is necessary to step up the amount of loans granted. As a result, a number of questionable loans are granted which make money for Big Bucks but result in families being foreclosed on. Assuming the questionable loans to be unethically given, which tr

policies and practices of the mortgage department are not aligned with those of the organization Ethical organization must have all policies and procedures of each segment of the company aligned with the company's stated vision.

Which of the following does not occur in appellate court trials?

presentation of testimony and new evidence Appellate courts do not hear testimony or accept new evidence when conducting an appeal.

The clean hands doctrine is most specifically applied to:

primarily plaintiff's. For a plaintiff to successfully sue a defendant the plaintiff must come to court unstained by bad faith, misrepresentations or deceit.

A state statute mandates that the statute of limitations for a negligence law suit is two years and the plaintiff is barred from filing the suit if they file after that time. This statute is an example of a:

procedural law. This statute sets the structure and rules for pursuing the plaintiff's rights.

In a products liability case, the plaintiff may pursue legal remedies against the seller under any of the following categories except:

product disparagement. Product disparagement is a business tort that has no relation to defective or dangerous products.

Which of the following would likely not be considered a major life activity supporting a disability claim?

proficiency in typing Typing is not universal to all. Many go through life successfully without ever typing proficiently.

Which of the following is not a role of the bankruptcy trustee?

provide debt counseling The trustee is not required to give debt counseling.

The Communications Decency Act of 1996:

provided Internet Service Providers liable with immunity from defamation liability as publishers, for content placed on their website even by independent and anonymous contributors. The act freed ISPs from liability for content initiated by contributors so that ISPs are to be treated like newsstand vendors.

The point at which liability for negligence stops is called:

proximate cause. Proximate cause determines the point when an injury becomes so remote from the negligent act that liability ceases.

Which of the following is not a defense to defamation?

publication Publication is an element of defamation, not a defense to defamation.

Which of these is not a purpose of bankruptcy?

punish the debtor Punishment is not one of the purposes of the bankruptcy statutes.

Which of the following is a valid bailment?

putting your neighbor's car in your garage to shield it from a hail storm Bailments involve taking possession of another's personal property.

Which of the following is the true statement?

ratification applies to previously unauthorized acts Ratification is the principal's acceptance of a previously unauthorized act by an agent.

Assume that the state of Georgia has just raised the fee for registration of motor vehicles $5.00 per year. If challenged, this new statute would be reviewed using:

rational basis scrutiny Social and economic state matters are generally reviewed using rational basis scrutiny.

In Keeton v. Hustler Magazine, the New Hampshire court determined that: A. mere regular circulation of a magazine is insufficient alone to create jurisdiction if no physical presence of the defendant can be shown in the state.

regular circulation of a magazine is sufficient to establish jurisdiction in a defamation case because of the potential for injurious effects of defamatory articles even without an otherwise physical presence of the defendant. Potential for injurious effects can establish jurisdiction without a physical presence even if minimal contacts are questionable.

Which of the following is a form of vicarious liability?

respondeat superior Respondeat superior makes a principal liable for negligent acts of an agent performed in furtherance of the agency. Being liable for another's actions is the essence of vicarious liability.

Joshua is a highly accomplished soccer player and a successful coach. He is often hired by other coaches to run soccer clinics and soccer camps for their teams. If Joshua decides to incorporate and sell stock to finance the corporation, the area of law that he would need to be aware of with regard to the stock sales would be:

securities law.

Amanda works in an office environment with 50 employees. Once or twice a week, her boss Alan, tells her she has great legs and that she should wear shorter skirts. He also tells her to let loose and open another button on her blouse once in a while. She asks him to stop and continues to wear knee length skirts and keeps her blouse buttoned to the neck. He never touches her and he never makes these comments when someone else can hear. When she gets her performance appraisal from Alan, he gives her an excellent evaluation and a raise. After listening to Alan for six months she files a complaint with the EEOC:

she has a valid hostile environment claim. No economic or other detriment need be proven other than an unwanted pervasive harassment resulting in a hostile environment.

Which of the following is not a challenge to the concept that values management programs should not be given priority in the corporate world?

success is measured in profits and losses, not in ethical conduct

Professor Patty is very distraught that three students in her class cannot afford to buy the forty two chapter book. The book is used for two semesters although not all students take the second course. She finally tells them that she will make copies of the twenty one chapters to be discussed for them, at no charge. Professor Patty makes the copies and gives them to the students prior to the beginning of each new chapter. If Professor Patty is sued for copyright infringement:

she loses because she is copying whole sections and a significant portion of the book. Phrases and snippets from a text may be reproduced under the fair play defense; however large sections such as chapters or multiple chapters may not.

In In re Richie, Richie had an income of $22,000. She lived in Wisconsin where the median income is over $37,000. Right before filing for bankruptcy she received a master's in "outdoor therapeutic recreation administration." Jobs in that field typically had salaries above the median income. Richie was looking for jobs in that field but there were few opportunities in her geographic area. She was also qualified to work many other jobs that would have brought her above the median income but she only wanted to work in that field. When she filed for Chapter 7 bankruptcy the court held that:

she was not eligible because she was manipulating the means test by looking for a job in a small field in a small area. Richie was abusing the means test because she could find employment that would take her income to above the median even though it was not in her chosen field.

Bridget is the tenant in an apartment in New York and her lease expires in three months. She expects and wants to renew the lease once it expires. Her employer has assigned her to a two month assignment in Hawaii. She doesn't want to lose the apartment so she checks and finds that the lease does not prohibit an assignment of the lease or a sublet of the lease. She is worried that if she assigns or sublets and the person who moves in doesn't pay she may suffer consequences.

she will be liable whether she assigns or subleases should the assignee or subleasee not pay The tenant remains liable for the lease provisions such as rent whether they assign or sublease the premises.

What businesses typically need a personal guarantee in order to receive a loan?

small businesses Typically small and mid-sized businesses are the ones who lenders require personal guarantees for.

Generally, torts law is governed by:

state common law. State common law governs tort law individually for each state.

Employee protection from use of regular or random drug or alcohol tests in the workplace is governed by:

state law. Drug or alcohol testing is regulated by state law which varies considerably from state to state.

Agency law primarily exists on the:

state level. Agency law is primarily state statutory law.

Trade secret protections are provided through:

state statutes and common law. Each state provides for trade secret protections for companies often modeling their laws after the UTSA.

The preamble of the Constitution:

states the broad objectives of the Constitution The preamble begins the Constitution by stating the Constitution's broad objectives of justice, liberty, tranquility, common defense, etc.

The state of Delaware has passed a new law banning cell phone use while driving a motor vehicle within the state. This law would be defined as a/an:

statute. When a law is passed by a state legislature, that law is a statute.

Assume that Iowa has just passed a statute requiring all non-citizens to sit in the back of public busses. That statute would be reviewed using:

strict scrutiny This law affects a fundamental right and is based on a suspect classification so it will be reviewed using strict scrutiny.

Courts will apply the ________ analysis to determine the classification of an agent.

substance over form Courts will apply the substance over form analysis to determine the classification of an agent when a question arises.

Bradley collects historic memorabilia and one of his prized possessions is the pistol used by Aaron Burr in his duel with Alexander Hamilton. After reading an article in a magazine Bradley discovers that Sam owns the matching pistol, used by Hamilton in the duel. Bradley contacts Sam and offers him $500,000 for the pistol. Sam e-mails Bradley that he accepts his offer but the transaction must be for cash and face to face. Bradley responds that he'll be at Sam's home at noon the next day with the money. When he arrives, Sam informs him that he's received an offer of $600,000 for the pistol and Bradley must pay that amount or he'll sell to the other buyer. Bradley wants the weapon to complete the set. If he sues Sam, what course of action will best provide him the results he desires?

sue for breach of contract and seek a decree of specific performance Specific performance is an equitable remedy available only when monetary damages will not be a sufficient remedy.

Nora loaned money to Susan and received a signed security agreement from Susan. What could Nora do to make sure she has priority as a creditor?

take possession of the collateral Taking possession of the collateral would give Nora priority in this case.

Assume that you are a freshman and live in your school's dormitory. The agreement you've signed with the school states that you may move in on September 1st and must vacate the room by May 31st of the following year. Should you wish to live in the dormitory during your sophomore year you must sign a completely new contract with the school. Your agreement with the school best approximates a:

tenancy for years. The dormitory agreement has a starting and ending point making it a tenancy for years.

The Supreme Court case of Pennoyer v. Neff articulated a framework for the exercise of personal jurisdiction by lower courts:

that applied to both federal and state courts and was based on providing fairness to the parties with constitutional requirements related to due process Pennoyer v. Neff applied to both federal and state courts and was based on providing fairness to the parties with constitutional requirements related to due process.

In Cavel International, Inc. v. Madigan, when Illinois passed the statute barring the slaughter of horses primarily for human consumption, Cavel presented each of the following arguments except:

that they were a foreign corporation not subject to US commerce laws Cavel knew that foreign corporations operating within the United States are subject to US law and did not raise the issue.

Protections for the citizenry from unlawful or reprehensive acts by the government are contained primarily in:

the Bill of Rights The Bill of Rights was passed to add protections for the citizenry soon after the Constitution was adopted.

In the cases of Heart of Atlanta Motel v. U.S. and Katzenbach v. McClung, the Supreme Court found illegal discrimination under the Civil Rights Act of 1964 by applying:

the Commerce Clause Since the motel was limiting lodging opportunities for black travelers and the restaurant in Katzenback purchased food and supplies from out of state, interstate commerce was found and Congress was authorized to act.

Because it is not a state, cases arising in Washington D.C. are heard by:

the Court of Appeals for the District of Columbia. The Court of Appeals for the District of Columbia, part of the federal circuit court system, has jurisdiction to hear matters arising in the District of Columbia because the District of Columbia lacks standing to maintain an independent court system.

In EEOC v. Asplundh Tree Expert Co., the court dismissed the lawsuit against the defendant because:

the EEOC had not acted in good fair with regard to the timing and procedures they followed. The three year investigation followed by a demand for a response within 12 days, coupled by the failure of the EEOC to respond to the defendant's attempts at communication evidenced a lack of good faith.

The power to carry out foreign policy is an enumerated power granted to:

the Executive branch The president enters into treaties, subject to Senate approval, and carries out foreign policy.

The Equal Pay Act is an amendment to:

the Fair Labor Standards Act. The EPA amends the FLSA and is characterized as an antidiscrimination statute.

Which of the following is a service mark?

the Geek Squad at Best Buy Geek Squad represents a service provided by Best Buy while the remaining choices distinguish a company's products from competitors.

Which of the following was not an argument made by recipients of AIG bonuses defending their right to receive and retain the bonus money?

the bonuses came from money AIG had on hand at the time of the collapse and did not come from the taxpayer supplied funds AIG had little money on hand at the time of the collapse so the bonuses came from the bailout money.

Mike's Bikes is a bicycle sales and repair shop in a small city. They sell new and used bikes with a narrow profit margin and do repairs at minimal costs. Frequently if a child comes into the shop with a broken part or a flat tire they make the repair for free if the child has no money. Mike also provides a free one hour repair class for those who want to learn how to fix their bikes. At large local organized bike rides Mike's provides free services asking only for voluntary donations. Which theory of corporate social responsibility is Mike's exhibiting?

the broad view a/k/a management's hand theory The broad view a/k/a management's hand theory believes that producing profit is secondary to social responsibility.

In Grimshaw v. Ford Motor Company, if Ford had made the repairs to the cars, diminishing profit but enhancing customer safety, which theory of corporate social responsibility would Ford have been exhibiting?

the broad view a/k/a management's hand theory The broad view a/k/a management's hand theory believes that profits are secondary to establishing proper corporate social responsibility.

That corporations have a social responsibility and that profitability should be secondary reflects:

the broad view a/k/a management's hand theory. The broad view or management's hand theory places social responsibility above profitability.

In Fontainebleau. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a fourteen story addition to their premise that they claimed blocked air and sunlight from their pool and sunbathing areas. The court determined:

the building could be erected if it could be shown to be useful and beneficial even if it may have been erected partly for spite to knowingly harm the plaintiff. The court found the common law rules regarding air and light to be out of date and permitted useful and beneficial construction even if adjoining land was negatively affected.

With regard to federal question jurisdiction:

the case may only be filed in federal court and the amount in controversy is irrelevant. Federal courts have exclusive jurisdiction when the U.S. is a party and no monetary amount must be met for federal question jurisdiction to apply.

In 2002, Australia's highest court ruled on a defamation case where an Australian citizen claimed to have been defamed by a Dow Jones article published on the defendant's web site. They found:

the citizen was defamed and publication of the article occurred when the article appeared and could be read on a user's computer screen establishing jurisdiction in Australia. The Australia court found jurisdiction by publication in Australia determining that publication occurred when read on a user's computer screen, not when it was uploaded to a server.

Fly High Aviation provides maintenance for executive jets based on private contracts with corporations that maintain airplanes for company use. Which of the following is least likely to be a Fly High stakeholder?

the citizens that live near the airports that planes maintained by Sky High fly into Residents near airports have no actual connection to Sky High, either direct or indirect.

Precedent evolves from:

the common law. Precedent results from appellate court decisions in the absence of written law.

Kim, a CPA, works for a small accounting firm consisting of two managing partners, six accountants and four secretaries. During a skiing vacation, Kim has a serious fall and is paralyzed from the waist down. While she cannot walk, her mind is not affected and she is 100% capable of performing her accounting duties. She has asked the firm to widen the aisles between cubicles so she can maneuver her wheel chair and to provide a special desk that is wheel chair friendly. These accommodations would cost less than $1,000.

the company is not required to make or offer any accommodations to Kim The ADA applies to companies of 15 or more employees so the employer and employees do not fall under coverage of the act.

What is the main difference between Chapters 7 and 11?

the continued operation of a business The main difference between the two is that under Chapter 11, the business continues to operate, while in a 7, the business ceases operation.

Who is the bankruptcy trustee a representative of?

the court The trustee is a representative of the court.

Mike is walking down the street minding his own business when he is stopped by a policeman. Although no crimes have been reported in the area and Mike has done nothing suspicious, the policeman doesn't like the looks of Mike so he conducts a pat down search and finds a tiny bag of marijuana.

under these circumstances this is an illegal search under Fourth Amendment protections Police, under the Fourth Amendment, must have just cause or a warrant to conduct searches.

If a principal would like to keep her identity secret, she would use a/an:

undisclosed agency. In an undisclosed agency the agent does not disclose the agency relationship to the third party so the principal is not known to exist and the principal's identity is nor revealed.

Which of the following is not a primary source of law?

uniform model law Uniform model laws are secondary sources of law.

Whose only legal remedy is to bring a lawsuit against a borrower to try to recover the money loaned?

unsecured creditors The other creditors have other legal options to recover their money. The unsecured creditor's only option is to file suit.

Cynthia hates writing term papers and reports so when she receives an assignment to write a paper for her law class, she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her. Stephanie, instead of writing the paper, copies a paper from a small remote law journal that publishes faculty written papers from throughout the world on-line. When the plagiarism is discovered, an infringement claim is brought. Cynthia is guilty of:

vicarious infringement. Stephanie is Cynthia's agent so as her principal; Cynthia is responsible for Stephanie's act which in this case is an actionable infringement.

Riparian rights have to do with:

water rights. Water rights are known as riparian rights.

When does an automatic stay become permanent?

when the petition is determined to be valid An automatic stay effectively becomes permanent once the court determines the validity of the petition.

The Zippo standard requires a case by case analysis:

whenever the web site in question is considered interactive. Interactive web sites are examined on a case by case basis to determine the level of interaction and if the level rises to a level sufficient to establish personal jurisdiction.

In State Farm Mutual v. Campbell, the court laid out a three part analysis for determining the constitutionality of a statute regulating punitive damages. Which of the following is not one of the three criteria specified by the court?

whether the harm resulted from a criminal act or a civil act Punitive damages are money damages awarded in only civil cases.

The IRS has developed a three prong status to determine an agent's status. Which of the following is not a prong in this test?

whether the working relationship is written or oral The IRS is not concerned with the contract form but instead cares about the contract.

The trial court in New York has heard a case and issued a decision. This decision:

will not be precedent in any U.S. courts. Trial court decisions do not create precedent, only appellate court decisions create precedent and only in that state's court system.

Which of the following is not a potential right a tenant has should a serious dispute arise with the landlord?

withhold rent and remain on the premises until the dispute is resolved The tenant can't simply stay and pay no rent.

Which of the following is not covered under the Fair Labor Standards Act? A. overtime

working conditions The FLSA does not address working conditions. This issue is covered under OSHA.