FINAL

After shopping at a Cut-Price store, Dyan finds a fitness watch in her bag of purchases that she knows she did not pay for. If Dyan fails to return the watch to the store or to pay for it, she will have committed a. conversion. b. confusion. c. accession. d. production

a

Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover a. a limited amount of compensatory and punitive damages. b. an unlimited amount of compensatory and punitive damages. c. punitive, but not compensatory, damages. d. compensatory, but not punitive damages.

a

ChemCo Inc. makes and sells products containing ingredients potentially hazardous to consumers. The government agency that has the authority to order ChemCo to remove a product from the market is a. the Consumer Product Safety Commission. b. the Federal Trade Commission. c. none of the choices. d. the Food and Drug Administration.

a

Clean Wash Inc. operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is a. federal and state regulatory agencies. b. Congress. c. local police departments. d. local chambers of commerce.

a

Jon, a paraplegic, applies for a broadcaster's job with a radio station. The manager says, "You meet all our requirements. But we need someone who can move around the studio without accommodation." Most likely, Jon could recover from the station under a. the Americans with Disabilities Act. b. the Age Discrimination in Employment Act. c. Title VII of the Civil Rights Act. d. no federal law.

a

Robin stores her grain at a facility owned and operated by Silo Inc. At the end of the storage period, Silo must a. return the same grain or grain of the same type, grade, and quantity. b. return the exact same grain originally stored. c. none of the choices. d. retain the grain.

a

Slim owns cattle, a pick-up truck, and stock in Range Corporation, which owns and operates the Big R Ranch. Capable of being involved in a bailment is a. the cattle, the truck, and the stock. b. the Big R Ranch. c. all of the choices. d. Slim.

a

The federal agencies that enforce the antitrust laws include a. the U.S. Department of Justice. b. the Securities and Exchange Commission. c. all of the choices. d. the Consumer Financial Protection Bureau.

a

Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is a. a toxic tort. b. an environmental impact statement. c. a hazardous substance response. d. a nuisance.

a

When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider a. whether the agreement is a per se violation. b. the parties' market ability to implement the agreement. c. the purpose of the agreement. d. the potential effect of the agreement on competition.

a

With respect to anticompetitive behavior, the Federal Trade Commission Act prohibits a. all forms not covered under other federal antitrust laws. b. only forms covered under other federal antitrust laws. c. criminal violations of the Clayton Act. d. civil violations of the Sherman Act.

a

After agreeing to rent a car from Drive-a-Round Inc., Eden is given the keys to one of the agency's cars by Fess, a Drive-a-Round employee. With respect to the bailed property, this is a. an involuntary delivery. b. a constructive delivery. c. a physical delivery. d. not a delivery

b

Angie voluntarily transfers her prize-winning horse Beaux to Cady without consideration. Provided all of the requirements are met, this is acquisition of property by a. possession. b. gift. c. conversion. d. accession.

b

Components Inc., a maker of vehicle parts, refuses to sell to DIY Repair Inc., a national vehicle service firm. The maker convinces Engine Parts Company, a competitor, to do the same. This is a. a market division. b. a group boycott. c. a trade association. d. a tying arrangement.

b

Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine a. the right to adverse possession. b. a fee simple absolute. c. a life estate. d. the power of eminent domain.

b

Direct Sales Corporation sells products to consumers over the phone, through the mail, and online. Under the Federal Trade Commission's Mail or Telephone Order Merchandise Rule, the firm may be liable for failing to a. provide a cooling-off period of three days before shipping. b. ship orders within the time promised in its ads. c. notify consumers when orders are shipped. d. all of the choices.

b

Equity Lending Company extends credit to consumers. Equity applies a variety of requirements to determine applicants' qualifications for credit, the amount, the interest rate, and other terms. Under the Equal Credit Opportunity Act, the lender cannot base its credit decisions on an applicant's a. financial awareness. b. gender. c. occupation. d. credibility.

b

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by a. implied contract. b. express contract. c. sufferance. d. any of the choices.

b

Ghani owns Hillside Vineyard. Ghani conveys some of the land "to Iona for her life." Ghani has given Iona a. a license. b. a life estate. c. a fee simple absolute. d. a profit.

b

Italo owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Kessler has a profit. A right to possess the bottomland is owned by a. Kessler. b. Italo. c. Jana. d. all of the choices, in proportion to the value of their respective interests.

b

Oren believes that Plumbing Contractor discriminated against him on the basis of race. He files a suit against Plumbing under the Civil Rights Act. To establish a prima facie case of employment discrimination, Oren must show that a. no other firm in the industry has committed a discriminatory act. b. he is a member of a protected class. c. the employer has no legal defenses against the claim. d. discriminatory intent motivated the employer's act.

b

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult a. the long-term tenants. b. the applicable city ordinances and state statutes. c. the Uniform Landlord's Maintenance Manual. d. the previous owners.

b

The Americans with Disabilities Act applies to workplaces with at least a. one worker. b. fifteen workers. c. five workers. d. ten workers.

b

Allen owns Buffalo Ranch. Allen's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose he sees fit. Allen's ownership interest is a. a life estate. b. a license. c. a fee simple absolute. d. a profit.

c

American Oil Company joins a cartel that includes foreign participants to set the price of oil. The cartel has a substantial effect on U.S. commerce. With respect to the foreign participants, under U.S. antitrust laws, this is most likely a. a violation, depending on the price. b. a violation, depending on the effect in foreign markets. c. a per se violation. d. not a violation.

c

Batteries Corporation is a private employer involved in an employment discrimination suit under the Civil Rights Act. Punitive damages may be recovered against Batteries a. if it can easily afford to pay the amount. b. if it has one hundred or more employees. c. if it acted with reckless indifference to an individual's rights. d. under no circumstances.

c

Best View Corporation offers to sell LED screens to Computer & Video, Inc., only if the buyer also agrees to buy the seller's servicing of its products. This is a. business acumen. b. an exclusive-dealing contract. c. a tying arrangement. d. price discrimination.

c

Blue Water Power Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Blue Power must install certain equipment a. only if a regulatory agency challenges the discharge. b. only on a voluntary basis. c. before beginning operations. d. with all deliberate speed after beginning operations.

c

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is a. the planes fly over more than twice a day. b. there are other routes the planes could take. c. the flights are low and frequent, interfering with enjoyment of his land. d. the planes are effectively taking private property for private use.

c

Carrier Inc. agrees to pick up two truckloads of housewares for Discount Corporation and store the contents to be delivered later. After Carrier unloads the goods at its warehouse, some of them disappear from the loading dock. A court will presume that a. the warehouse is in a high-crime area. b. the goods were stolen through no fault of Carrier. c. Carrier was negligent. d. Discount was negligent.

c

Consumer Finance Corporation (CFC) extends credit to consumers. CFC applies several criteria to decide customers' "suitability" for credit. Under the Equal Credit Opportunity Act, CFC cannot base its decision on a customer's a. intelligence. b. culture. c. race. d. education.

c

EZ Workout Inc. advertises Fit Step, an exercise machine, online. In its ads, EZ claims that the use of Fit Step measurably enhances the attainability of fitness and weight loss goals, and will contribute significantly to the length of its users' lives. In this context, the company's ads and claims must be a. hyperlinked. b. reasonably avoidable. c. substantiated. d. all of the choices.

c

Expressly exempt from antitrust laws because it is not interstate commerce, according to the United Supreme Court, is a. digital streaming. b. professional football. c. professional baseball. d. video production.

c

Fifi, an independent contractor and technical writer, has a computer in her office. She has a copyright on her most recent work, Guide to Coding. Her tangible personal property includes a. the copyright. b. all of the choices. c. the computer. d. the coding.

c

Hotel operators can limit their liability for any loss or damage to their guests' personal property a. in many states, by providing a safe for their guests' valuables. b. under state statutes that limit the liability for articles not kept in a safe. c. all of the choices. d. in the absence of negligence.

c

Ivy is blind. Jerold has cancer. Kim has cerebral palsy. Considered to have a disability under the Americans with Disabilities Act is a. none of the choices. b. only Ivy. c. Ivy, Jerold, and Kim. d. only Ivy and Kim.

c

The credit department of Mega-Mart often calls Nora at work about an overdue bill over the objection of Nora's employer. This is a violation of a. no federal law. b. the Fair and Accurate Credit Transactions Act. c. the Fair Debt Collection Practices Act. d. the Truth-in-Lending Act.

c

To become a bailment, a delivery of property from one person to another must a. include a transfer of title. b. be subject to a written agreement. c. involve personal property. d. follow an exchange of consideration.

c

To drive its competitors out of a certain geographic segment of its market, Drones, Inc., sets the prices of its products below cost for the buyers in that area. This is a. predatory pricing. b. price-fixing. c. price discrimination. d. smart marketing.

c

To obtain the title to land without delivery of a deed, one person must possess the property of another a. in secret. b. with or without interruption. c. in an open, visible, and notorious manner. d. with the other's permission.

c

Under a contract, Oil Shale Corporation forbids Petro Inc., a wholesale buyer of Oil Shale's products, to purchase products from the seller's competitors. This is prohibited a. if its effect is to stabilize the relevant market. b. under any circumstances. c. if its effect is to substantially lessen competition. d. if its purpose is to create a monopoly.

c

Beto wants to lease a duplex for two years from Country Living Inc. In most states, the lease agreement a. must be oral. b. can be oral or written. c. must be signed by a judge. d. must be in writing.

d

Bib replaces Chloe in her job at Data Sales Corporation. To succeed with an age-discrimination claim against Data, Chloe will have to show that a. Bib is not qualified for the job. b. the employer's qualifications for the job are too high. c. no one could do the job as well as Chloe could. d. Chloe is qualified for the job.

d

Edibles Inc. and Food Stuff Corporation are competitors. Each firm has capital, surplus, and undivided profits in excess of $40 million and competitive sales of more than $5 million. Gina and Hal serve as directors on both firms' boards. Under the Clayton Act's restriction concerning interlocking directorates, Gina and Hal are a. not liable because the firms' shareholders can affect company policies. b. not liable because the firms' officers conduct the competitive activities. c. not liable because the firms are likely to continue to compete. d. liable for failing to comply.

d

Mena, a female, and Neil, a male, are employees of Operation Business Corporation. Mena regularly e-mails sexually explicit images to Neal via Operation's network. Neil finds this offensive. This is most likely a. a constructive discharge. b. quid pro quo harassment. c. none of the choices. d. hostile work environment harassment.

d

On Demi's authorization, Engine Work Inc. repairs her car. She refuses to pay for the job. Engine Work can a. use the car for any purpose. b. undo the repair and keep the car. c. all of the choices. d. keep the car and place a lien on it until Demi pays.

d

Pipeline Corporation requires its employees to have a high school diploma. In a suit against Pipeline under the Civil Rights Act, the employer shows a connection between a high school education and job performance. Most likely, this is a. a prima facie case. b. disparate-impact discrimination. c. a bona fide occupational qualification defense. d. a business necessity defense

d

Qin applies for a job at Rocket Science Inc. He passes a test to determine which applicants are eligible for hiring, but Rocket discards the results, and Qin is rejected. To support a claim for discrimination against the employer under Title VII of the Civil Rights Act, Qin must be a member of a. an employers' association. b. a majority group. c. a union. d. a protected class.

d

Retail Properties, Inc., wants to build a parking ramp to connect to its Shoppers Mall, both of which are on private land. For this action, an environmental impact statement is a. required. b. voluntary. c. prohibited. d. unnecessary.

d

Rita has a fixed-term tenancy for her apartment with Studio Apartments. If Rita abandons the premises before the lease expires a. Rita is no longer obligated to pay the rent. b. Studio must make a reasonable attempt to evict Rita. c. Rita may be required to mitigate her damages. d. Studio may be required to mitigate its damages.

d