LSTD 2106 Final Exam
An enforceable contract has four necessary elements: mutual assent, capacity to contract, consideration, and legal purpose.
True
Protection of employees through the prevention of workplace injuries is addressed by the
Occupational Safety and Health Act
All contracts can be classified in seven ways.
True
The United States has adopted the country of origin principle to determine the application of law in international online disputes.
True
The majority of cases filed in the U.S. are filed in state courts.
True
The physical presence of an out-of-state party in a particular state is generally an automatic basis for jurisdiction over the defendant by both that state's courts and the federal trial court within that state.
True
Typically, political speech by corporations is fully protected by the First Amendment.
True
The process by which parties to a contract perform their obligations in good faith and fulfill the terms of the contract is called _______.
discharge
The completion of a contract when both parties no longer have obligations under it because they have performed everything in good faith is known as
discharge.
Facebook submitted its experiment for pre-approval to the Institutional Review Board, an independent ethics committee that requires scientific experiments to abide by consent and safety standards.
False
Marlene is a law school professor speaking about the philosophy of law under the British system. Which of the following legal categories is she addressing?
Jurisprudence
The National Labor Relations Act requires which of the following?
Labor and management to negotiate in good faith.
Jurisprudence is roughly defined as the science and philosophy of law.
True
Legal purpose means the contract itself does not violate the law. Group startsTrue or False
True
Liquidated damages must be directly related to the breach of contract for which they are compensating the non-breaching party.
True
Nominal damages are rarely awarded in contract cases.
True
Not all courts have the authority to hear all cases.
True
Obscenity regulation of commercial speech is subject to the same scrutiny as any other government regulation of commercial speech.
True
Product disparagement statutes generally protect industries, companies, and corporations but not individuals.
True
States provide an automatic right to appeal inferior court decisions, usually to the state's trial court.
True
Substantial performance will be enforced only if the deviation from complete performance is not material to the contract.
True
Substantive due process requires that a state statute must be published for public inspection and be clear and specific.
True
Summary jury trials are primarily used in federal courts but have occasionally been used in state courts when there are complex issues to be litigated.
True
The Restatement (Third) of Torts is currently the most recent edition.
True
Rita defaulted on the loan of her motorhome. She had borrowed the money to purchase the motorhome from Thrifty Bank. Thrifty hired Roger the Repo Man to repossess the motorhome for a fee of $1,000. Roger was told to find the motorhome and take it in whatever manner he thought best so long as he did not break the law. Roger would be classified as
an independent contractor.
The loss of marital relations and spousal companionship is called loss of ______.
consortium
All of the following are primary functions of federal agencies except
constitution-interpreting.
Appointing another person to perform one's duties under a contract is called a(n) _______.
delegation
The Supremacy Clause holds that
federal law trumps state law if there is a conflict.
A warrant is issued based only on
probable cause
When a company engages in an affirmative act that involves taking advantage of the privilege of conducting activities within a forum state, they have met the __________ test.
purposeful availment
The utilitarian approach is most accurately stated by the following saying:
"Our actions should create as many positive results as possible while creating as little harm as possible."
Which of the following activities would management be permitted to do under federal law?
Launch a marketing campaign against unionizing efforts.
The rights of a business compared with an individual under the Fourth Amendment are best described as:
A business has lesser rights to be free from government searches than an individual.
The origins of recorded law are cited by the textbook as being:
A collection of rules of tribal chieftains to perpetuate their power.
Which of the following would not be a possible obstuction of justice charge?
A defendant takes the 5th Amendment when questioned by investigators.
The first step in creating an agency relationship is
A principal manifesting some offer to form an agency.
In which of the following situations would a delegation of contractual duties be allowed?
A roofer hired to reroof your home
Which of the following would likely be considered a covered disability under the Americans with Disabilities Act?
AIDS
What are the two primary roles of the judiciary in the U.S. system?
Adjudicate cases and perform judicial review
Which of the following is true of EEOC claims?
After 180 days have elapsed from the time of a complaint, a plaintiff may demand that the EEOC issue a right-to-sue letter.
Which of the following is true of agency law?
Agency law is primarily state statutory law.
According to the text, which of the following does the system of law in the United States provide for?
All of the answer choices are correct.
Values management is crucial in which of the following management practices?
All of the answer choices are correct.
Which of the following about the contractual rights of advertisements is true?
All of the answer choices are correct.
Which of the following is true of the Social Security Act?
All of the answer choices are correct.
Which of the following is the expression of a willingness to enter into a contract by promising to perform certain obligations in exchange for an offeree's counterpromise to perform?
An offer.
When one party fails to perform his or her duties under a contract, that party is said to be in total _______.
Breach
The administrative agency charged with carrying out federal workplace antidiscrimination laws is the
Equal Employment Opportunity Commission.
Parties must be of proper age and mental competence to have ___________ to contract.
Capacity
Values management for an organization leads to which of the following?
Clarity in business operations
Which of the following employees would be covered under the Fair Labor Standards Act?
Conner, a warehouse worker
___________ is the element of a contract that requires a bargained-for exchange of goods and/or services that are recognized as valuable. Fill in the blank
Consideration
Elise, a sales executive, was fired by her employer, Mobile Manufacturing. Elise had not made her sales quota for two straight quarters, which was contractual grounds for termination. She wanted to continue her health care coverage after being fired, paying all insurance premiums and administrative fees. Which of the following laws requires that Mobile Manufacturing permit her to do this?
Consolidated Omnibus Budget Reconciliation Act
Big Manufacturing was interviewing Blondell for a position as a production line manager. He had excellent references for working hard and competence, but one of his references told the hiring supervisor that Blondell had a temper and seemed like he was always "ready to explode." Since Big Manufacturing needed a manager fast, they took their chances and offered Blondell a job. Within a month after being hired, Blondell screamed at a group of tourists visiting the factory and punched Craig, a man who shouted back at him. Craig sued Big Manufacturing for his injuries. What result?
Craig wins under the doctrine of negligent hiring.
While organizations may have standards and values they aspire to follow, a practical approach and strategic legal solution identified by the textbook to make these standards and values effective is to:
Develop a code of ethics
Depositions and interrogatories occur during the _____ stage of litigation.
Discovery
The U.S. Department of Labor is authorized to oversee pension and retirement savings plans that corporations set up under the
Employee Retirement Income Security Act.
According to the text, which of the following is not a general function of the U.S. Constitution?
Enumerating and limiting the powers of the states
A court may hear a case if it has jurisdiction over either the subject matter of the dispute or the parties in the case.
False
All American taxpayers are allowed to bring any type of case in federal court at any time.
False
Arbitration is a dispute resolution process in which the parties and their counsel argue their views of a civil (noncriminal) controversy a court of law.
False
In recent years, the Supreme Court of the United States has generally accepted only about 10 percent of the petitions for a writ of certiorari made to the Court each year.
False
Incidental beneficiaries are identified during the formation of the contract and known to the parties.
False
Jessica was caught shoplifting at a department store both by employees who witnessed the act and by cameras in the store. The store's management may hold her as long as it takes to get her to confess.
False
Litigation is unlikely to have any adverse effect on the business relationship between the parties.
False
Most companies employ in-house counsel for their legal needs.
False
Religious teachings and ethics are separate and distinct and rarely if ever overlap.
False
Restitution is classified as an equitable remedy.
False
The U.S. system of common law is deep-seated in the French common law established by the Norman kings around 1066.
False
The time spent resolving a conflict through alternative dispute resolution (ADR) is much more than that spent in the stages of civil litigation.
False
Under the maximizing profits theory, a company strives to do no harm, as long as the company continues to be profitable.
False
High Flite Airways had a system in place to deter, prevent, report and correct sexual harassment. Any employee caught sexually harassing another would be subject to immediate termination. High Flite also has an anonymous tip line system set up for the reporting of harassment. Wendy was harassed repeatedly by Elroy, but always outside of the presence of other employees. Wendy filed a lawsuit against High Flite based on the harassment. If High Flite can prove that Wendy never used the anonymous tip line system or any other means provided by them to report the harassment, they can likely assert the __________ defense.
Faragher/Ellerth
Under federal law, what must an employee who is alleging employment discrimination do first? Multiple Choice
File a complaint against the employer with the local EEOC office within 180 days of the adverse job action.
The amendment that requires probable cause to conduct searches and seizures is the
Fourth Amendment.
Who of the following is a gratuitous agent?
Gerta asks her roommate Dorian to pick up her laundry from the dry cleaners as a favor
Which of the following is an example of terminating the agency relationship by an express act?
Girard, the CEO of Freedom Corp, calls Trish, his national sales manager, and tells her to stop working.
Which of the following is required to prove substantial performance?
Good faith
Ruth was a server at a fancy restaurant. She took the order of two customers, Tom and Jerry, for steak and lobster dinners. Ruth went back to the kitchen, delivering the order to the chef. What type of contract has been formed in this case?
Implied contract
A court order to refrain from performing a particular act is known as _______.
Injunction
The Federal Unemployment Tax Act accomplished which of the following?
It established a state-administered fund to provide payments to workers with sudden job loss.
Which of the following is true of judicial review?
It is established by common law precedent.
The reason and outcome of the contract must be for a ___________ purpose.
Legal
________ is typically defined as intentionally committing a wrongful act with intent to harm.
Malice
Murder is the killing of a human being with malice aforethought. Malice aforethought is the premeditation and planning of the crime. Malice aforethought shows that one considered the consequence of the action and knowingly committed the crime. The malice aforethought would be the __________________.
Mens Rea
To have __________ assent, there must be an offer and agreement between the parties.
Mutual
Unions were originally permitted to use economic weapons in the collective bargaining process under the
National Labor Relations Act.
Thomas Jefferson wrote: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." Which of the following ethical views does this most closely represent?
Natural Law
Trial courts create what type of precedent?
No precedent
A promise made in return for a detriment previously made by the promisee that does not meet the bargained-for exchange requirement is called __________.
Past Consideration
Which of the following must a court have to exercise jurisdiction over a matter?
Personal jurisdiction and subject matter jurisdiction
What type of restrictions may the government place on political expression?
Reasonable restrictions on time, place and manner
What is the last step in the agency rulemaking process?
Revision or final publication
Which of the following is a type of informal alternative dispute resolution (ADR)?
Settlement agreement
Which of the following are ways in which state antidiscrimination statutes tend to differ substantially from federal laws?
State statutes tend to cover more employers and more protected classes.
In U.S. v. DeCoster, the defendants' company suffered from an extremely serious salmonella contamination that affected up to 56,000 victums. Peter and Jack DeCoster, defended, saying they had adopted all of the recommendations and precautions but it failed to eradicate salmonella, therefore they were not culpable. Which of the following was the result?
The DeCosters were found guilty because they knew or should have known of the risk presented to the public.
Which of the following powers does the EEOC have?
The EEOC has the power to sue on behalf of aggrieved employees, to investigate discrimination claims and to make rules.
The Federal Agency of Automotive Repairs (FAAP) revised a rule that had been originally proposed but not yet published as final. Under these circumstances, what is the legal obligation that the FAAP has to provide in terms of additional comment periods?
The FAAP has no obligation to provide an additional comment period.
Thomas is a private citizen who wants to review the records of the SEC, a federal agency. Which of the following federal laws might support his right to this access?
The Freedom of Information Act
The United Amusement Worker's Union (UAWU) attempted to organize the workers at a bargaining unit, Seven Flags Over Kentucky, in the first steps of creating a union. Which of the following must occur under federal law for this to happen?
The UAWU must get at least 30% of the members of the bargaining unit to sign authorization cards.
A federal agency sought to inspect Hi-Tech Solutions, a business that was considered pervasively regulated. Under these circumstances, what must the federal agency obtain to conduct a regularly scheduled inspection of Hi-Tech Solutions?
The agency needs to obtain no warrant.
Which of the following is a true of the distinction between employee agents and independent contractors?
The agent is classified based on the level of direction and control that the principal has over the agent.
Which of the following was a provision of the Labor Management Relations Act of 1947?
The authorization to the president of the United States to suspend a strike in times of national emergency.
Which of the following sociological movements forced the federal government to legislate protections for employee working conditions?
The labor movement
Which of the following is not true of the establishment of a principal-agent relationship?
The law requires a formal expression of an agency relationship between parties.
Which of the following is correct about the powers of the president?
The president has the power to issue executive orders which have the full force of law.
Which of the following would be a servant in a master-servant relationship?
The security guard who worked for Countryside Credit Union
The Age Discrimination in Employment Act (ADEA) would most likely apply to which of the following situations?
Theo, a 65-year-old man, was replaced by Prescott, a 50-year-old man.
Which of the following statements is true?
There are no federal common law crimes.
A company's code of conduct and code of ethics may be combined into a single document.
True
A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.
True
A state probate court, which hears only wills and estates matters, is generally described as having limited authority or jurisdiction.
True
Enumerated powers are specific powers granted to the federal government by the Constitution.
True
In Palsgraf v. Long Island Railroad Co., the court first articulated and established the concept of proximate cause.
True
Which of the following is not a theory of discrimination under the Civil Rights Act?
Unclear opportunity
In which of the following occasions would formal rulemaking be used by a federal agency?
When Congress has specifically indicated in the enabling statute that agency rules must be made on the record after a hearing.
A tort is
a civil wrong where one party has acted or failed to act in a way that causes loss to be suffered by another.
An ex post facto law is
a law that criminalizes an act that occurred before the law was enacted.
The definition of a contract is
a promise or set of promises enforceable by law.
Strict liability applies to
abnormally dangerous activities.
Ginger signed a contract with Trickyco, a large corporation, it was a standard preprinted contract. There was no bargaining for the terms of the contract and Ginger was offered it on essentially a take-it-or-leave-it basis. This type of contract is known as a/an
adhesion contract.
What function is Horatio, an administrative court judge in a federal agency, fulfilling when he decides whether a corporation violated a rule of his agency?
adjudication
Janet was tried and convicted of reckless driving. The sentence will be imposed
based on the discretion of the judge, subject to sentencing guidelines.
Dixon is on trial for embezzlement, a crime. For her to be proven guilty, her guilt must be proved
beyond a reasonable doubt.
When a party to an agreement owes a duty to perform and fails to fulfill her obligation, this is known as
breaching the contract.
The fact that the injury would not have occurred except for the breach of duty by the tortfeasor is called the
cause in fact.
Theophilus sued the Department of Train Punctuality (DTP) for alleged failure to enforce their own regulations, which resulted in thousands of dollars of losses to his business. Which of the following would this action be known as?
citizen suit
To be valid, offers must be
clear, serious, and communicated.
The rights of workers to engage in the process of negotiating an agreement on behalf of an entire workforce is known as
collective bargaining.
The common law of torts is primarily intended to
compensate victims.
Language such as "provided that" or "unless" in a contract that triggers a performance obligation is called a _______.
condition
Dravon agreed by contract to be an agent employee for Imagine Corporation. This is known in agency law as
consent
When an agent agrees to act for the principal, this is known as
consent
Which of the following stands for the proposition that a contract must involve both sides receiving and giving up something of legal value?
consideration
Roger works as a sales manager for Hi-Tech Solutions, a company that performs software consulting services. While working for Hi-Tech, Roger started a side business doing software consulting work and made $50,000 in it over the course of three years. Roger never informed Hi-Tech of his lucrative side business. If a court finds that Roger breached his duty of loyalty and orders him to pay Hi-Tech the $50,000 in profits he earned from his secret business, this is known as
disgorgement.
All of the following are steps in forming a union under federal law except
division of responsibilities.
A contract is a promise or set of promises __________ by law.
enforceable
During and immediately after a discrimination investigation, the EEOC is required by statute to
engage in conciliation negotiations.
The employment-at-will doctrine
exists in some form in every U.S. jurisdiction.
Frosty and Sunny agreed to an agency agreement where Frosty would work for Sunny from January 1 until April 1. On April 1, the agency will terminated by
expiration.
While driving his motorcycle to work in the morning at Hugeco, Fritz, a staff attorney, is not paying attention and swerves onto the sidewalk, runs over Annika's foot, causing her injuries. Annika sues Hugeco under respondeat superior theory. If the court does not permit her lawsuit to proceed because Fritz was on his morning commute, this would be an application of the
going-and-coming rule.
Contracts that involve goods and services are known as ________ contracts.
hybrid
In a products liability case, the injured party can pursue a legal remedy against the seller of the product based on all of the following theories except
immunity.
Diversity of citizenship jurisdiction involves a case
in federal court with diverse parties and a controversy over $75,000.
The principal difference between in rem and in personam jurisdiction is
in rem jurisdiction involves property, in personam jurisdiction is over the parties to a dispute.
A grand jury will issue a[n] ________ if its investigation indicates that a defendant should be held over for trial.
indictment
The three primary categories torts fall into are
intentional torts, negligence and strict liability.
Under the Administrative Procedures Act, a federal district court judge has the power to void federal agency actions or aside actions inconsistent with the Constitution under the general power of whom?
judicial review.
An offer is considered to have terminated via ________________ when a time limit attached by the offeror expires or after a reasonable time has passed.
lapse of time
Every time you hit the delete button on your new computer you get a small electric shock. Your friends with the same computer are suffering the same problem. These computers have a ________ defect.
manufacturing
Sarah and James have entered into an agreement where Sarah offered to sell her Camaro to James for $15,000 and James agreed to buy it for that price. This agreement is known as a/an
meeting of the minds.
LaStarla was competing in a beauty pageant and was offended when Tracee, a fellow competitor, told her that she looked like a blimp in her evening gown. LaStarla flew into a rage and smashed her crown on top of Tracee's head, unfortunately killing her. The state of mind LaStarla had at the time of the killing is known as the
mens rea.
According to the text, the primary difference between intentional torts and negligence is the
mind-set of the tortfeasor.
A _____ is a type of alternative dispute resolution (ADR) in which a condensed version of the case is presented to the top management from both sides, and the proceedings are conducted by a neutral party.
mini-trial
An independent contractor agent is
not considered an employee of an organization and has no legal protections of an employee.
Judicial review is the power
of the courts to invalidate a law inconsistent with the constitution.
A breach of contract that is not material is known as a/an
partial breach.
Bev knew that when she was dealing with Kirsten that Kirsten was representing another party in a land purchase, but she did not know whom. This type of agency is a/an
partially disclosed agency.
Botha is a rich art collector and corporate executive who wants to remain anonymous in a purchase of a Van Gogh painting. He has Francine, an executive in his corporation, negotiate for the purchase of the painting, which is being sold by Northaby's Art Sales. Francine reports directly to Botha and is supervised directly by him. Botha instructed Francine to tell Northaby's that she represents an art collector who will go unnamed. The agency would be described as
partially disclosed.
If the U.S. Congress desires to establish an administrative agency, the correct method is for Congress to
pass an enabling statute.
Doke is manager of an apartment building and notices the parking lot has numerous potholes. Residents are complaining and threatening to not renew their leases. Without contacting Kimba, the owner of the apartment building, Doke calls a paving service, signs a contract, and has them repave at a cost of $50,000. Doke has no authority to make such expensive repairs. When Kimba returns from a vacation and sees the parking lot, she thanks Doke for his initiative and approves of the repairs. This is an example of a/an
ratification of agency.
Under the Americans with Disabilities Act, employers must make __________ accommodations for a disabled employee in the workplace.
reasonable
Administrative agencies are granted each of the following broad powers by Congress except
reconciliation.
With regard to the president's power over appointments in independent agencies that report directly to the president, the president has the power to
remove principal officers of agencies at any time with or without cause and without congressional approval.
With regard to the relationship between courts and administrative agencies, the U.S. Supreme Court has consistently held that the courts
should defer to administrative agencies and not substitute their judgment for that of an agency.
Mikael, a union boss who was angry that his employer reduced benefits and refused to raise wages, organized several employees in his union to occupy the employer's building for the purposes of stopping work. This action is known as a/an
sit-in strike
The contract for the lease of a fleet of delivery trucks, which would be considered equipment, to FedEx by Ford Motors would be governed by:
the Uniform Commercial Code.
When a principal breaches a duty to an agent
the agent generally has the right to recover damages in court.
Venue is
the determination of the most appropriate location for the dispute.
Under disparate impact theory, a plaintiff must prove that
the evaluation methods used by an employer to hire employees resulted in statistically significant differences that adversely impacted members of a protected class.
Felonies generally are punishable by
twelve months or more of incarceration.
The consequences-based approach to ethics is most closely related to _______.
utilitarianism
Crimeco senior executives were involved in a massive fraud scheme to misrepresent their financial health. Faroq was employed by Crimeco as a regional manager and reported to state authorities about the fraud. Faroq is known in employment law as a/an
whistle-blower.
Goss led a large group of employees in his union to go on a strike for one day, but without the permission of his union. This is known as a/an
wildcat strike.
The Equal Pay Act requires that
women receive the same pay as men for substantially equal work.
