Final Exam
Which of the following is correct of legally mandated arbitration?
It is nonbinding and gives the losing party the automatic right to appeal.
What type of restrictions may the government place on political expression?
Reasonable restrictions on time, place and manner
The right to privacy is a specifically named right established in the Bill of Rights.
false
The term litigation refers to the trial but does not include pretrial events as well.
false
As a general rule, judges are _________________ and juries are ____________________.
finders of law, finders of fact
constitutional law and administrative law are known in the United States as _______________ sources of law.
primary
Under the Americans with Disabilities Act, employers must make __________ accommodations for a disabled employee in the workplace.
reasonable
Codes of ethics are insufficient and do not serve their proper purpose if they are intended only to ensure that company policies are legal.
true
Generally, everything relevant to a dispute is discoverable in a civil lawsuit unless protected by a legal privilege.
true
In Palsgraf v. Long Island Railroad Co., the court first articulated and established the concept of proximate cause.
true
Legal purpose means the contract itself does not violate the law.
true
Liquidated damages must be directly related to the breach of contract for which they are compensating the non-breaching party.
true
Under the federal system used by the United States, the federal government has only limited power to regulate individuals and businesses.
true
Under the moral minimum theory, as long as the business remains profitable, the company strives to act as ethically as possible.
true
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."
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 first step in creating an agency relationship is
A principal manifesting some offer to form an agency.
What are the two primary roles of the judiciary in the U.S. system?
Adjudicate cases and perform judicial review
Arnold offered to sell his zero turn lawnmower to Bambi in consideration of $2,500. Bambi thanked him for the offer, said nothing else, but immediately headed to her bank, withdrew $2,500, and headed to Arnold's house with the money. When she arrived, Arnold told her that he sold the mower 30 minutes after they spoke on the phone to someone else. Is Arnold in breach of contract? Why/why not?
Arnold is not in breach because he revoked the offer by doing an action inconsistent with maintaining it.
Congress is drafting a piece of legislation that legalizes marijuana. It has not yet passed both Houses of Congress by a majority vote or been signed by the president. This is known as a:
Bill
Elizabeth and Bruce are both senior accountants with the firm of Debit & Credit, LLC. Elizabeth regularly makes comments about how much she likes Bruce's body and tells him he's a hottie. She occasionally tells him about sexual acts she would like to perform with him. Bruce feels uncomfortable in the workplace as a result and it is affecting his job performance. If Bruce sues Debit & Credit for permitting the behavior,
Bruce would win if he had previously complained to Debit & Credit and it had done nothing to stop the harassment.
Delroy joined with hundreds of other people in a legal action where together they sued Implantco for producing a hernia mesh device that was implanted in them during surgery and later caused complications such as swelling and infections. What is the name for this legal action?
Class action
Which of the following employees would be covered under the Fair Labor Standards Act?
Conner, a warehouse worker
Sharma was a trial attorney representing a defendant in a lawsuit. She was asking a series of questions of a witness for the opposing party in a lawsuit. These questions came after the plaintiff's attorney had asked questions of the witness. What is this form of questioning called?
Cross examination
Which of the following is an example of the preexisting duty rule?
Deputy Kelly entered into a written agreement with Babe in which Kelly agreed to find the person who stole Babe's skateboard in consideration of $100.
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
Which of the following statements is true?
Dispute resolution requires a cost-benefit analysis.
Jada was shocked to receive documents indicating she was being sued by Martin. The litigation process has not advanced beyond this stage. She consulted with an attorney and believes that her employer, Tortco, is the proper party for Martin to sue. Which of the following is an available remedy that Jada may presue under these circumstances?
File a cross-claim
Theo wanted to buy a piece of property to build a painting supply factory. He asked Vincent, the owner of the property, if it was zoned for such manufacturing. Vincent told him "Yes, absolutely." This was a lie, it was only zoned for residential use. Theo bought the land at a premium price of $20,000 an acre in reasonable reliance upon Vincent's promise and then was shocked when he was told by the zoning board that he could not build his factory. Because of this, the land was worth a fraction of what Theo paid. Under which of the following theories should Theo sue Vincent?
Fraudulent Misrepresentation
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.
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.
Jimena worked for Big Tech Associates (BTA) as a junior manager. She was denied a senior management position even though she had excellent performance reviews and her team was ranked in the top quartile in the country. The reasons given by senior management for denying her the promotion were that she was too aggressive and not feminine enough. They also cited the fact that she was not enough of a team player and had higher turnover in her team than most other teams in the company. If Jimena sues for sex discrimination under Title VII and BTA counters that there were legitimate reasons, such as turnover, for denying the promotion, what would be the best theory for her case?
Mixed-motives discrimination.
Unions were originally permitted to use economic weapons in the collective bargaining process under the
National Labor Relations Act.
Trial courts create what type of precedent?
No precedent
Protection of employees through the prevention of workplace injuries is addressed by the
Occupational Safety and Health Act
The broadcast news test advises corporate executives to _______.
Only do those things in secret that you would not mind becoming public, that is, showing up in the broadcast news
Which of the following statements about ethics is true?
Primary stakeholders are those directly impacted by a decision a corporation makes.
Rachel ran a food truck business. Willow told several of Rachel's customers that in her opinion, Rachel was the "biggest jerk" she knows. As a result, some of Rachel's customers stopped buying food from her truck. Rachel is considering a lawsuit against Willow for defamation. Assuming you are Rachel's legal counsel, what is the best and most accurate legal advice?
Rachel does not have a good case for defamation because Willow's statement is pure opinion.
Stare decisis is a Latin phrase that means ____________________________.
Similar cases with similar facts and issues should have similar judicial outcomes.
The State of Colorado has a law stating that you may not be in possession of more than four ounces of certain controlled drugs. This is an example of which of the following types of law?
Substantive law
Which law requires courts to enforce arbitration awards?
The Federal Arbitration Act
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.
Franklin is a research scientist at Insight Research Corporation (IRC). IRC has five research scientists, four assistants, one secretary, and one CEO. Franklin has developed ALS, a disease which binds him to a wheelchair. He is one of the greatest scientists in the world, and can still do his job. Franklin has requested that IRC accommodate his disability, making changes to the company restroom and widening the doors to the building. The changes would be relatively inexpensive, costing only $2,000. If Franklin sues under the Americans with Disabilities Act (ADA), what result?
The company is not required to make or offer any accommodations to Franklin.
Congress attached spending conditions to federal funds granted to states to maintain interstate highways. The conditions stated that a state would have federal highway repair funds cut back by 10 percent if a state raised its speed limit on public roads higher than 70 miles per hour on grounds that safer highways would promote the federal welfare. The state of Wyoming raised their speed limit to 80, had their funds reduced, and challenged the congressional conditions in federal court. What is the likely result of their challenge?
The federal conditions will be upheld as constitutional, as a constitutional exercise of Congress's spending authority.
Grigori is offered a $1,000 a month raise if he agrees to have sex with his supervisor.
Which of the following is an example of quid pro quo sexual harassment?
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.
In order to qualify for an accommodation under the Americans with Disabilities Act, employees must have
a documented disability.
The definition of a contract is
a promise or set of promises enforceable by law.
Which of the following is true of trial courts?
a trial court decision is binding on the parties to the case and no one else.
When one party fails to perform his or her duties under a contract, that party is said to be in total _______.
breach
Strict liability applies to
abnormally dangerous activities.
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.
Dirk is the delivery driver for Papa Pepperoni's Pizza. On a delivery he spotted Marvin, his main competition for the affections of his girlfriend Jolene. He accelerated his truck and hit Marvin, breaking both his legs. Under these circumstances, this is
an intentional tort.
Dalvosta, Georgia has passed a law banning the building of apartment complexes higher than 100 feet. This law would be defined as:
an ordinance.
Dmitri was a judge in the state of Delewate. He presided over a trial in which the plaintiff and defendant had agreed to have him act as a both finder of fact and law. this is known as a/an
bench trial
Congress is drafting a piece of legislation that legalizes marijuana. It has not yet passed both Houses of Congress by a majority vote or been signed by the president. This is known as a:
bill
Parties must be of proper age and mental competence to have ___________ to contract.
capacity
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
Which of the following stands for the proposition that a contract must involve both sides receiving and giving up something of legal value?
consideration
Appointing another person to perform one's duties under a contract is called a(n) _______.
delegation
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.
Nebraska Northern University requires that all police officers in the university force be capable of bench pressing at least 200 pounds and be at least 5 feet 10 inches tall. This requirement creates
disparate impact regarding women.
All of the following are steps in forming a union under federal law except
division of responsibilities.
Honest Bill the used car salesman told Fran, a prospective customer, that the car she was considering had only been driven by a little old lady on Sunday and had only 30,000 miles on it. Honest Bill knew this was a lie and that the mileage had been altered, as the car actually had 230,000 miles on it. Which of the following would Honest Bill's actions be if Fran buys the car in reasonable reliance upon his lies and the car breaks down a week after she buys it?
fraudulent misrepresentation
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.
Which of the following is required to prove substantial performance?
good faith
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
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
Diversity of citizenship jurisdiction involves a case
in federal court with diverse parties and a controversy over $75,000.
A court order to refrain from performing a particular act is known as _______.
injunctive relief
The three primary categories torts fall into are
intentional torts, negligence and strict liability.
A person who is a customer of Safemart who slips and falls on aisle four is considered a/an
invitee
A court may exercise personal jurisdiction over a business entity.
true
Bennie was appointed by the state to act as a go-between, helping two parties to a lawsuit to resolve their dispute. Bennie's job did not allow him to make a final decision in the matter. Bennie is known as a/an: ______________________.
mediator
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.
According to the text, the primary difference between intentional torts and negligence is the
mind-set of the tortfeasor.
Sharice was working on a scaffolding 20 feet above the ground when she carelessly tossed her power drill to a co-worker. It fell to the ground and landed on Gardner, a visitor to the construction site, injuring him. What category of tort is this?
negligence
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
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.
Chan wants to file a lawsuit. What will be the first stage of litigation for him?
pleadings
In an agency relationship, the agent owes each of the following duties to the principal except a duty of
preparation.
Katelyn was suspended from State University after a professor suspected her of cheating on an economics exam. The determination of whether the state government acted properly and gave her an opportunity to present her evidence at a fair and neutral hearing is an analysis of
procedural due process.
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
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.
Hillary took her motorcycle to a mechanic, Kenneth, to repair a leaking tire. She picked up the motorcycle and was riding home when the tire that had been repaired suddenly deflated and Hillary crashed into a parked car, suffering broken bones. Hillary cannot prove exactly what Kenneth may have done wrong, but the tire should not have deflated if he had installed it properly. Which of the following doctrines should Hillary base her claim upon?
res ipsa loquitur
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
Butler was shopping at Grocerymart and slipped and broke his tailbone because an employee had dropped a gallon of milk in the aisle. This was on October 25, 2019. The state law that requires Butler to file his lawsuit by October 25, 2022, is known as a/an ________________.
statute of limitations
Albert has sued Tina for breach of contract and received a judgment for $50,000. Tina's assets may be exempt from collection of the judgment if Tina has filed bankruptcy.
true
When a principal breaches a duty to an agent
the agent generally has the right to recover damages in court.
An enforceable contract has four necessary elements: mutual assent, capacity to contract, consideration, and legal purpose.
true
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.
The proper mode of acceptance of an offer up and until the offer has been accepted is established by
the offeror
A comprehensive values management program may be used in managing a corporation's diversity program.
true
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.
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.
A plaintiff who knows there is a substantial danger associated with certain conduct and goes ahead with the dangerous activity anyway gives the tortfeasor the defense of
assumption of the risk.
The common law of torts is primarily intended to
compensate victims.
A statute of limitations determines the maximum and minimum amounts of monetary relief that may be granted in different types of civil lawsuits.
false
According to the Zippo standard, any website that is in any way interactive with customers will be sufficient to create personal jurisdiction over a nonresident company.
false
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.
Darryl believed that right and wrong were established by his religious beliefs and followed the tenets of his religion in his dealings with others. This is known as a:
principles-based approach
Julio is suing Sanchez for breach of contract. He wants to get some documents from Sanchez which he believes will help him prepare his case. What is the term for this procedure?
request for production
The consequences-based approach to ethics is most closely related to _______.
utilitarianism
A particular act can be deemed unethical yet still be legal.
true
A person cannot be guilty of negligence if he or she has no duty owed to the plaintiff.
true
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 be valid grounds to recognize and apply a bona fide occupational qualification?
A survey of customers at Bench Press Gym provides evidence that same-sex attendants are wanted in locker rooms for privacy reasons.
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.
A bona fide occupational qualification would be established by all of the following except
Harvey, an African American who was hired over more qualified candidates because of past discrimination against people of his race.
Brain worked on an oil rig and was subject to frequent unwanted sexual advances from his supervisor, who was the same gender. Brian's corporation had 500 employees. Brian wants to file a lawsuit based on sexual harassment under Title VII. What result?
He can file a sexual harassment claim under Title VII because it is gender-neutral.
Roddie is 30 years old. He was demoted from his job as a manager at Big Trucks, a company with 10,000 employees. He was replaced by Bambi, a 45-year-old. Roddie was told that he was a little too young for management. Under the Age Discrimination in Employment Act (ADEA), what are Roddie's options?
Roddie has no options under the ADEA.
Which of the following activities would management be permitted to do under federal law?
Launch a marketing campaign against unionizing efforts.
Which of the following is not a theory of discrimination under the Civil Rights Act?
Unclear opportunity
Rick was speaking at the corporate annual meeting discussing the new drug they are rolling-out. He states that although the medication is only effective for 80% of patients, about 5% of the patients that take it will suffer serious issues that would fall within the companies acceptable goals. Which ethical philosophy is Rick advocating?
Utilitarianism
Demetrius offers to sell his car to Ivana for $20,000 Ivana tells him she will pay him $15,000. Ivana's response is
a counteroffer
Scott, who is 15-years-old, purchased a laptop computer on a lease plan for $100 a month over 18 months from Laptops-R-Us. Under the law of contracts, this is
a voidable contract.
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.
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 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
The process by which parties to a contract perform their obligations in good faith and fulfill the terms of the contract is called _______.
discharge
A contract is a promise or set of promises __________ by law.
enforceable
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
A single wrongful act may violate civil law or criminal law but cannot violate both simultaneously.
false
Civil law systems reject and prohibit the use of precedent, relying solely on strict interpretations of statutes.
false
Courts routinely question and overturn administrative-agency decisions involving how and when an agency enforces a regulation.
false
Criminal law allows a party to be compensated for money lost as a result of another's unlawful conduct.
false
Ethical problems faced by managers almost always come down to a clear choice, with one option clearly the most ethical choice.
false
It is less common for States to amend their constitutions than it is for Congress to amend the U.S. Constitution.
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
Restitution is classified as an equitable remedy.
false
The Supremacy Clause holds that
federal law trumps state law if there is a conflict.
TechnoPlus, a corporation that sold high end digital printer/copiers, entered into a written contract with Wesley, a lawyer, which included a payment of $500 per month for the printer/copier itself and $200 a month for a service agreement. The sales representative and Wesley negotiated the price of this contract in a serious of email and personal exchanges. Which of the following describes this type of contract?
hybrid and express
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.
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.
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.
The administrative agency charged with carrying out federal workplace antidiscrimination laws is the
Equal Employment Opportunity Commission.
LaShonda is a resident of Wisconsin. While visiting Six Flags Over Georgia in Atlanta, she was criminally assaulted by Hans, a Minnesota resident. Ordinarily, venue in this criminal case would originally be in
Georgia
Aaron has entered into a contract with Wilson, a man who is elderly and suffers from dementia and was unable to understand the nature of the contract he was signing. Wilson had not been legally declared to be incompetent at the time the contract was signed. It was an agreement for Aaron to mow Wilson's lawn each week in consideration of $50, which is a fair price for the service. Aaron was not aware that Wilson had dementia. What is the legal status of this agreement?
It is a voidable contract.
Darnell, a professor, entered into a contract with Felicity, a 22-year-old graduate student, for Felicity to proofread and correct the grammar in his new textbook. Felicity dropped off a contract at Darnell's office, but she made a mistake and accidentally wrote 15 cents an hour rather than 15 dollars an hour for her services, then signed the contract. Darnell noticed the error, signed the contract also, and now is trying to hold Felicity to the 15 cent amount. What would be the likely result and why if Felicity goes to court to get out of the agreement?
The court will allow her to cancel the agreement on grounds of unilateral mistake.
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.
Benji was a supervisor in the warehouse at Marvelle Corporation. Benji put up pictures of nude women in his office and often called women co-workers into his office where he would make crude sexual comments to them. When Starla refused to come to his office he fired her. Starla sued Marvelle for sexual harassment. Marvelle senior management had no knowledge of Benji's behavior. What result?
The lawsuit may proceed against Marvelle because the company is strictly liable for a supervisor's action if it results in a tangible employment action, such as termination.
Mediation differs from arbitration in which of the following ways?
The mediator's goal is to defuse antagonism and help the parties reach a solution, the arbitrator's goal is to conduct a hearing and render a decision.
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.
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
Stelissa is an associate attorney with Drake & Creighton, Attorneys at Law. Her supervisor, Russ, is a partner in the firm. Russ regularly tells her she's hot and should wear tighter-fitting clothes. He often calls her into his office and asks her to turn around slowly so he can admire her body. He never touches her. These ongoing comments make her job difficult. At the end of the year, Russ gives Stelissa a great performance review and a $20,000 a year raise, more than any other associate attorney. Stelissa files a complaint with the EEOC after one year of this treatment. Under these facts
she may have a valid hostile environment claim.