LEB

Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm—implements, seed, and so on. The real property is owned by: Downwind Farm. Chita and Elvin. Chita only. Elvin only.

Chita only

Joey reproduces Mina's copyrighted work without paying royalties. Joey is most likely exempted from liability for copyright infringement under the "fair use" doctrine if: Joey's use is for a commercial purpose. Joey distributes the copies freely to the public. Joey copies the entire work. Joey's use has no effect on the market for Mina's work.

Joey's use has no effect on the market for Mina's work.

Cassandra is starting a new karate dojo. She likes the phrase "Just do it!" that the company Nike uses in its ads and wants to adopt the slogan for her business. Should she do this? Why or why not? No, she shouldn't, because this well-known phrase is likely to be recognized as a trademark. No, she shouldn't, because the Nike has a patent on that slogan. Yes, she should. It will be a catchy slogan for her new business. No, she shouldn't, because using that slogan would constitute copyright infringement.

No, she shouldn't, because this well-known phrase is likely to be recognized as a trademark.

Opal takes a vintage Atari pinball machine to Quality Games, Inc., for repair. Lacking certain parts, Quality ships the game to Regal Company. While in Regal's possession, one of its employees knocks the machine over and the game is severely damaged. Who will be liable for the damages, and why? Regal, because it is a mutual benefit bailment. No one. Opal, because she is the bailor. Regal, because it is a warehouse and is strictly liable for damages.

Regal, because it is a mutual benefit bailment

One form of international protection for intellectual property comes from which treaty? The Lugano Convention The TRIPS agreement The Geneva Accords The TRIMS agreement

The TRIPS agreement

Ordinarily, you may not reproduce a copyrighted object without the owner's permission. The exception to this general rule is contained in the: "fair copy" doctrine. appropriation doctrine. Lanham Act. "fair use" doctrine.

"fair use" doctrine

Harrison runs a construction company working on a federal government construction project. Under the Davis-Bacon Act, Harrison must pay his employees: the federal minimum wage. the state minimum wage. "prevailing wages." the federal minimum wage plus the Consumer Price Index.

"prevailing wages."

Ilsa works as a clerk for Java Café at minimum wage. The state minimum-wage rate where Ilsa lives is $8.45 per hour. Java Café must pay Ilsa: either $7.25 per hour or $8.25 per hour, whichever Ilsa decides. either $7.25 per hour or $8.25 per hour, whichever Java Café decides. $8.25 per hour. $7.25 per hour.

$8.25 per hour.

Marcia allows Larry to store a large desk in Marcia's garage until he moves into a bigger apartment. He does not ask her to cover it while it is stored, and he does not supply a tarp. In which of the following scenarios would Marcia most likely not have breached a duty of care to Larry? Marcia accidentally splatters several drops of paint on the desk. Marcia allows her son to use the desk to build a skateboard ramp. Marcia rents the desk to her neighbor but gives the money to Larry. Marcia allows her daughter to use the desk in her apartment, seven miles away.

Marcia accidentally splatters several drops of paint on the desk.

Marie, an employee of Nickel Tool Company, files a sexual-harassment suit against Owen, her supervisor. Marie wins. Nickel may also be liable if it had effective harassment policies and complaint procedures, and: Owen followed them. Owen failed to follow them. Marie followed them. Marie failed to follow them.

Marie followed them.

If a Hispanic student sues the University of Michigan because she was not accepted into their incoming freshman class of 2015, can she successfully sue on the basis of affirmative action claiming that due to past racial discrimination against Hispanics, she should now be granted preferential treatment? Yes, because the University of Michigan is required to use a quota system to increase the number of Hispanic students being accepted to the university. Yes, because there is a long history of discrimination against Hispanics and the only way to right that wrong is through preferential treatment in college acceptances. No, because no public university can grant preferential treatment to any protected class. No, because Michigan voters passed an initiative to amend the state's constitution to prohibit publicly funded colleges from granting preferential treatment, which was upheld by the U.S Supreme Court.

No, because Michigan voters passed an initiative to amend the state's constitution to prohibit publicly funded colleges from granting preferential treatment, which was upheld by the U.S Supreme Court.

When airplanes fly over your home, are your property rights violated? No, never. Normally, no, unless the flights are low and frequent. Yes, because you own all the air above your home, into outer space. Normally, no, based on your right to quiet use and enjoyment of the property.

Normally, no, unless the flights are low and frequent.

Ronnie, a 71-year-old Illinois state employee, is fired with no explanation after 28 years working for the state. He files an age discrimination suit against the state in federal district court in Illinois. Will the federal court hear the case? If he can establish that the state acted with intent No Yes Only if the state consents to the suit

Only if the state consents to the suit

A government grant that gives an inventor the exclusive right or privilege to make, use, or sell his or her invention for a limited time period is a: copyright. license. patent. certification.

Patent

A deed intended to pass any title, interest, or claim that the grantor may have in the property without warranting that such a title is valid is a: special warranty deed. quitclaim deed. deed. warranty deed.

Quitclaim deed

Copy Products, Inc. uses, in its ads, a trademark that is similar, but not identical, to a distinctive mark used by Durable Goods, Inc. Copy's use of the mark is actionable: only if consumers are confused. only if Copy and Durable are competitors. only if consumers are confused and Copy and Durable are competitors. regardless of whether consumers are confused or Copy and Durable are competitors.

Regardless of whether consumers are confused or copy and durable are competitors

If a fire department uses a test to determine if a firefighter is ready to be promoted to an officer/supervisory position, but they disregard the results due to the fact that no minority scores high enough on the test to be promoted, what type of discrimination would be occurring? Reverse discrimination Preferential treatment discrimination Affirmative action discrimination Past history discrimination

Reverse discrimination

Rita copies Sam's book, Two for the Show, in its entirety and sells it to USA Books, Inc., without Sam's permission. USA publishes it under Rita's name. Sam's copyright is infringed by: Rita only. USA only. Rita and USA. none of these choice

Rita and USA

Sinclair applied for a job that required a bachelor's degree in computer science plus 5 years of related experience. She did have a bachelor's degree, but lied about her work experience. She was fired 3 months into her 6-month probation because the manager felt she was distracting the male employees by the way she dressed. Sinclair sues the company and during discovery, the company learns she lied on her application about her work experience. Who will likely prevail in court? The company will prevail because they can fire anyone they choose for any reason. The company will prevail because Sinclair lied on her job application. Sinclair will prevail as long as she can prove that discrimination occurred and the employer cannot justify the discrimination claiming one of the three defenses to discrimination. Sinclair will prevail because she was definitely fired based on her gender, which is a protected class.

Sinclair will prevail as long as she can prove that discrimination occurred and the employer cannot justify the discrimination claiming one of the three defenses to discrimination.

Wilma has $50,000 and she intends to give it to a local church, Santos del Cielo. Followers of Santos take trips to islands in the South Pacific where they minister to purported cannibals. Wilma's daughter, Tabitha, wants the money. If Wilma dies in a plane crash en route to the South Pacific before she gives away the money, who is entitled to it? Santos del Cielo, because Wilma intended to give the money to the church. Tabitha, if she is an heir of Wilma. Tabitha, because the Santos church is engaged in illegality. Santos del Cielo, if it is a legitimate church.

Tabitha, if she is and heir of Wilma

Jon, a male, applied to Wedding Fashions, a wedding dress retail store, for an advertised position. He was not hired for the job. He wants to sue Wedding Fashions for discrimination under Title VII. What is the best defense Wedding Fashions could raise? That Jon did not complete the application correctly That because Jon never wore a wedding dress, he was not qualified for the position That the job required a female because the position involved assisting women in the dressing rooms and was therefore a bona fide occupational qualification That Jon was not fit for the job

That the job required a female because the position involved assisting women in the dressing rooms and was therefore a bona fide occupational qualification

How is the U.S. Constitution involved with affirmative action? The First Amendment guarantees freedom of speech, press, assembly, and religion. The Fourth Amendment protects each citizen from unreasonable search and seizures. The Bill of Rights guarantees the protection and equality of all people. The Fourteenth Amendment prohibits any state from denying any person "the equal protection of the laws." This prohibition extends to the federal government through the due process clause of the Fifth Amendment.

The Fourteenth Amendment prohibits any state from denying any person "the equal protection of the laws." This prohibition extends to the federal government through the due process clause of the Fifth Amendment.

Which of the following is not an international agreement concerning intellectual property rights? The Madrid Protocol The Berne Convention Paris Convention of 1883 The Lanham Act

The Lanham Act

Jennifer worked for her employer for 5 years and applied for an open management position at her company. Joseph, an 8-year employee with the company, was awarded the position. Jennifer sued her employer for employment discrimination based on her gender. Her employer used a published seniority system in determining raises and promotions, which those who worked the longest were first in line for promotions, salary increases, and other benefits. Who will likely prevail in court? The company will prevail because an employer is free to promote any person they choose. The company will prevail because they have a published seniority system that is fair to all employees. Jennifer, because a published seniority system is not a valid defense to employment discrimination. Jennifer, because the company should always promote women first to correct past discrimination.

The company will prevail because they have a published seniority system that is fair to all employees.

An employer fires a young man working as a retail sales associate for job performance, but he believes it is because he is morbidly obese. What defense can the employer legitimately raise? The employer does not need to raise any defense, because the burden of proof is on the plaintiff only. They can use the bona fide occupational qualification if they sell men's clothing that the young man cannot wear and all retail sales associates are required to wear the employer's clothing during work hours. They can use the defense of business necessity if they can prove that his firing was based on a business necessity. They can use the defense of after-acquired evidence of misconduct if they later determine that he was stealing from the company.

They can use the defense of business necessity if they can prove that his firing was based on a business necessity.

For many years, the University System of Georgia (USG) practiced discriminatory hiring practices to limit the number of black employees in administrative and faculty positions. Since 1980, the University has utilized an Affirmative Action Program to remedy the past discrimination. Currently, the USG has reached a level where the number of blacks in administrative and faculty positions mirror that of the population in Georgia. What should the USG do now that they have reached the goal of their Affirmative Action Program? They should notify the U.S Supreme Court. They should switch the goals to another minority group to avoid being sued. They should change or eliminate the Program as it has accomplished its goals. They should leave the Program in place as it is obviously working.

They should change or eliminate the Program as it has accomplished its goals.

Rob, on his death bed, tells Sue that she can have his coin collection when he dies, but does not give her the combination to the safe where the coins are kept. Sue accepts. Rob dies. However, Sue discovers that Rob's will provides that the coin collection will go to Tim. The coin collection belongs to: Tim, because a valid gift was not made to Sue during Rob's lifetime. Tim, because all gifts inter vivos are revoked by a will to the contrary. Sue, because she accepted the gift before Rob died. Sue, because the gift causa mortis was not revoked before Rob's death.

Tim, because a valid gift was not made to Sue during Rob's lifetime.

Kit, manager of Long-Term Care Company's office in Metro City, decides to replace the office's male employees with females. Nia, an assistant manager transferred from a different Long-Term Care office, refuses to cooperate. Kit retaliates against Nia, who quits. Within a year, the male employees also quit. Kit's conduct is most likely a violation of: Title VII of the Civil Rights Act. the Americans with Disabilities Act. the Age Discrimination in Employment Act. no law.

Title VII of the Civil Rights Act.

Taking private property for public use requires the payment of "just compensation." True False

True

Jill claims that Fred gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, what will the court need to determine? Whether Jill acceded to the property. Whether Jill made a gift inter vivos. Whether Fred made a gift causa mortis. Whether Fred had donative intent.

Whether fred had donative intent

Zach purchased a piece of land for the purpose of opening up a dairy farm. After he purchased the land, he discovered that it was within the town limits of the nearest town. A local law prohibited the use of the land as a dairy farm. Since Zach's property is on the outskirts of the town, and has no residential properties nearby, he decided to explore whether the town would allow him to use his property for a dairy farm, even though it was not zoned for such use. In considering whether or not to grant the variance to Zach, the town would consider all of the following except: Whether it will increase tax revenue for the town. Whether it is necessary for reasonable development. Whether it is the least intrusive solution to the problem. Whether it will alter the essential character of the neighborhood.

Whether it will increase tax revenue for the town.

If a company decides to implement an Affirmative Action Program to assist them with increasing the minorities working for the company, will this be allowed? Yes, any company may implement an Affirmative Action Program as they see fit and they cannot be sued for how they implement the program. Yes, as long as the Program is designed to remedy past discrimination and does not use quotas or preferences or result in reverse discrimination. No, the U.S. Supreme Court has ruled that no companies may implement Affirmative Action Programs. No, no U.S. Company is allowed to implement an Affirmative Action Program of any kind.

Yes, as long as the Program is designed to remedy past discrimination and does not use quotas or preferences or result in reverse discrimination.

Sam worked for his employer for 10 years and applied for an open sales position that paid more and offered greater benefits. Susan worked for the same employer for 5-years and applied for the same position as Sam. When she heard that Sam had applied, she threatened her supervisor that she would sue if she did not get the position. Her employer awarded her the position. Does Sam have a case against the company? Yes, and he will prevail no matter what. Yes, unless the company can raise one of the defenses to employment discrimination such as a bona fide occupational qualification, business necessity, or a seniority system. No, the company can make employment decisions to avoid potential lawsuits when their employees threaten them. No, the company can promote whomever they want.

Yes, unless the company can raise one of the defenses to employment discrimination such as a bona fide occupational qualification, business necessity, or a seniority system.

Detailed Designs Company, an architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a noncitizen who is: a "person of extraordinary ability." a "person of ordinary ability and ambition." a "person with an extraordinary work ethic." a "person of ethnic similarity to the employer's workforce."

a "person of extraordinary ability."

Modern Clothing, Inc. and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is: trade dress. a collective mark. a certification mark. a service mark.

a collective mark

Carol buys Dan's book Expedition!, photocopies more than half of it without his permission, and sells the copies without paying him royalties. This is an example of: protected expression. fair use. copyright infringement. licensing.

a copyright infringement

A trade secret might include which of the following? The appearance of a clothing store A distinctive company logo A product name A customer list

a customer list

Beth owns a corporate office park in Ohio. Her ownership rights include the right to sell or give away the property without restriction, as well as the right to commit waste, if she chooses. Beth's ownership interest is: a life estate. the power of eminent domain. a fee simple absolute. a leasehold estate.

a fee simple absolute

Rob deeds a plot of timberland to State University, which pays nothing to Rob for the property. Rob has given the university:\ a life estate. the power of eminent domain. a fee simple absolute. a leasehold estate.

a fee simple absolute

A thing that was once personal property but has become attached to real property in such a way that it takes on the characteristics of real property and becomes part of that real property is referred to as: personal-real property. real personalty. a fixture. none of these choices.

a fixture

With respect to property law, which of the following would likely be classified as a fixture? A sofa A car A furnace A throw rug

a furnace

General Packaging Corporation, a U.S. employer, may hire Hilo, a noncitizen, if Hilo is: a lawful permanent resident of the United States. an unlawful but hopefully permanent resident in the United States. an unlawful but only temporary resident in the United States. any of the choices.

a lawful permanent resident of the United States.

Barry, sixty-one years old, was fired from his private sector job and replaced with Mora who is twenty-one years old. Barry files suit and establishes a prima facie case of age discrimination against his employer. To be successful, the employer must prove: nothing. The case will go to the jury once the prima facie case is proven. a legitimate, non-discriminatory reason for Barry's termination. that the Age Discrimination in Employment Act does not protect Barry. nothing. The judge will decide the case, so the employer does not need to do anything.

a legitimate, non-discriminatory reason for Barry's termination.

Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is: an easement. a profit. a leasehold estate. a license.

a license

Ann leases an apartment from Bob and agrees to make monthly rent payments on the first of every month. No definite lease term is specified in the lease agreement. This is: a fixed-term tenancy. a tenancy for years. a periodic tenancy. a tenancy at sufferance.

a periodic tenancy

To prevail on a claim under the Americans with Disabilities Act (ADA): a plaintiff must show that he or she did not agree to submit any job-related dispute to arbitration. a plaintiff must show that she or he was excluded from the employment at least in part because of the disability. the employer must have at least ten employees. a plaintiff must show that he or she is otherwise qualified for the employment in question.

a plaintiff must show that he or she is otherwise qualified for the employment in question.

David's family came to the United States from Ukraine in 1895. Eva's family came to this country from Vietnam in 1995. Fiona's family came from Mexico in 2005. Current immigration laws are based on: a racial quota system proportional to numbers updated periodically. a system of sanctions against employers who hire illegal immigrants. excluding convicts and prostitutes. a national origin quota system proportional to the 1890 census.

a system of sanctions against employers who hire illegal immigrants.

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is: a tenancy at will. a tenancy for years. a periodic tenancy. a tenancy at sufferance.

a tenancy for years

Rafe signs a one-year lease with Suki to occupy an apartment in Lawrence, Kansas, near the University of Kansas. Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term. Rafe's tenancy is: a tenancy at sufferance. a tenancy for years. a periodic tenancy. a tenancy at will.

a tenancy for years

Zach purchased a piece of land for the purpose of opening up a dairy farm. After he purchased the land, he discovered that it was within the town limits of the nearest town. A local law prohibited the use of the land as a dairy farm. Since Zach's property is on the outskirts of the town, and has no residential properties nearby, he decided to explore whether the town would allow him to use his property for a dairy farm, even though it was not zoned for such use. Zach needs to apply for: an appeal of the zoning regulation. a variance. an exception statement. a zoning regulation.

a variance

Zach purchased a piece of land for the purpose of opening up a dairy farm. After he purchased the land, he discovered that it was within the town limits of the nearest town. A local law prohibited the use of the land as a dairy farm. This law is an example of: an unlawful attempt at eminent domain. a zoning law. a restrictive covenant. a rightful exercise of the town's eminent domain power.

a zoning law

Suppose Jan is riding her Harley motorcycle and her hat flies off. She turns around and spends an hour searching but cannot find it. Muttering to herself, "Oh well, it was only a hat, I'll get another one", she gets back on her Harley and drives away. Later Farmer Joe finds the hat in his field. Based on this fact scenario Jan's hat is most likely ______, and Farmer Joe ______. abandoned, can keep the hat lost, can keep the hat mislaid, can keep the hat bailed, must safeguard the hat until Jan claims it

abandoned, can keep the hat

The acquisition of title to real property by occupying it openly, without the consent of the owner, for a period of time specified by a state statute is: closed possession. open possession. adverse possession. none of these choices.

adverse possession

Job-hiring policies that give special consideration to members of protected classes in an effort to overcome present effects of past discrimination are called: blue laws. affirmative action programs. quotas. allocation policies.

affirmative action programs.

Alex is an employee of Bigg Corporation. To help pay for employees' loss of income on retirement, contributions are required by law to be paid by: Alex and Bigg. Alex only. Bigg only. neither Alex nor Bigg.

alex and bigg

Employees could be liable for the misappropriation of trade secrets if they: send protected confidential information to a competitor by e-mail. walk out with the information on a flash pen drive. disclose protected confidential information by misusing a company's social media accounts. all of the above actions could constitute misappropriation. none of the above actions could constitute misappropriation.

all of the above actions could constitute misappropriation.

For the willful misappropriation of trade secrets under the Uniform Trade Secrets Act, a plaintiff only may recover: punitive damages. court costs. attorneys' fees. monetary damages. all of the above remedies are recoverable.

all of the above remedies are recoverable

Canada and the United States are signatories of the Berne Convention. Doug, a citizen of Canada, publishes a book first in Canada and then in the United States. Doug's copyright must be recognized by: all of the signatories of the Berne Convention. Canada and the United States only. Canada only. none of the signatories of the Berne Convention.

all of the signatories of the berne convention

Certain employees are exempt from the overtime provisions of the Fair Labor Standards Act, including: executive employees. administrative employees. outside salespersons. all of these choices.

all of these choices

Real property consists of: land. buildings. plants. all of these choices.

all of these choices

Under Section 102 of the Copyright Act, copyright protection is specifically excluded for any: idea. procedure. process. all of these choices.

all of these choices

Under ADEA, a plaintiff can establish a prima facie case of unlawful age discrimination if she or he: was a member of the protected age group. was qualified for the position from which she or he was discharged. was discharged under circumstances that give rise to an inference of discrimination. all of these choices.

all of these choices.

Under the ADA, a "disability" includes: a physical or mental impairment that substantially limits one or more of an individual's major life activities. a record of such impairment. being regarded as having such an impairment. all of these choices.

all of these choices.

In order to comply with current immigration laws, employers must verify a new hire's right to work through completion of: an I-9 Employment Eligibility Form. a Social Security Number Application Form. a written job application form. a W-2 income tax form.

an I-9 Employment Eligibility Form.

Lena offers Miguel a job, representing falsely that it will be long term. In reliance, Miguel takes the job but is laid off shortly thereafter and successfully sues Lena for fraud. With respect to the employment-at-will doctrine, this is: an exception based on contract theory. an exception based on public policy. an exception based on tort theory. an example of the doctrine.

an exception based on tort theory.

Macro Corporation replaces Neal, a fifty-two-year-old employee, with Olivia. Neal files a suit against Macro under the Age Discrimination in Employment Act. To establish a prima facie case, Neal must show that he was discharged under circumstances that give rise to: an unlikelihood of discrimination. an inference of discrimination. an impossibility of discrimination. a certainty of discrimination.

an inference of discrimination.

The U.S. Supreme Court has held that: any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts. affirmative action policies unlawfully discriminate in favor of minority groups. organizations can give favorable weight to minority groups as part of a plan to increase minority enrollment so as to achieve a more culturally diverse organization without strict scrutiny by the courts. all affirmative action programs are unconstitutional because they violate the equal protection clause of the Fourteenth Amendment to the U.S. Constitution.

any federal, state, or local affirmative action program that uses racial or ethnic classifications as the basis for making decisions is subject to strict scrutiny by the courts.

Abel is an alcoholic, Baker is morbidly obese, and both work for Charlie Company. Considered disabled under the Americans with Disabilities Act: are Abel and Baker. is Abel only. is Baker only. is neither Abel nor Baker.

are Abel and Baker.

Machine Operations, Inc. (MO), employs four hundred workers at three locations in three states. Workers who do not have a right to continue group health benefits provided by MO for a limited time after the loss of their jobs include those who: are laid off for budgetary reasons. have their hours decreased from full-time to part-time. quit their jobs voluntarily. are fired for gross misconduct.

are fired for gross misconduct.

Under the Anti-Counterfeiting Trade Agreement (ACTA), member nations: do not have authority to make requests of online service providers concerning the identity of suspected trademark and copyright infringers without probable cause. are prohibited from conducting random border searches of electronic devices not based on probable cause. are not allowed to keep the suspect goods unless the authorities can prove the goods in transit are counterfeit. are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods.

are required to establish border measures that allow officials, on their own initiative, to search commercial shipments of imports and exports for counterfeit goods.

Information protected under the law of trade secrets is protected for: as long as secrecy is maintained. twenty years. ten years. life of the owner plus seventy years.

as long as secrecy is maintained

After-acquired evidence of an employee's wrongdoing, or misconduct, is: evidence that can be introduced at court only by the employee. at best only a limitation on the amount of damages for which an employer is liable. a complete defense to employment discrimination in all cases. a defense that shields employers entirely from liability for employment discrimination in many cases.

at best only a limitation on the amount of damages for which an employer is liable.

If a U.S. citizen writes a book, the U.S. author's copyright in the book must be recognized by all countries that signed the: Anti-Counterfeiting Trade Agreement. TRIPS agreement. Berne Convention. Madrid Protocol.

berne convention

Jason suffered from alcoholism. One day, he came to work late because he was drinking the night before. What can his employer do legally? Jason: cannot be prohibited from starting her or his work day even if she or he arrives at work still under the influence of alcohol. can be prohibited from drinking alcohol in the workplace. can be disciplined differently than an employee who comes to work late for another reason. must be allowed to use alcohol on the job if needed to get through the day.

can be prohibited from drinking alcohol in the workplace.

Robert Adams worked as a delivery truck driver for George W. Cochran & Co. Adams persistently refused to drive a truck that lacked a legally required inspection sticker because he knew that if he was caught driving without the sticker, he could receive a small fine. George Cochran, the owner of the company, fired Adams for his refusal to drive the truck. Cochran contended that Adams was an at-will employee and, because there was no written employment contract stating otherwise, he had a right to discharge Adams with or without good cause. Adams sought to recover damages for wrongful termination. The court most likely held that Adams: can recover under a public policy exception to the employment-at-will doctrine. cannot recover, because his employer did not violate any law or breach any contract when Adams was terminated. cannot recover, because he failed to notify the authorities of his employer's actions and cannot avail himself of the whistleblowing exception to the employment-at-will doctrine. can recover under a tort theory exception to the employment-at-will doctrine.

can recover under a public policy exception to the employment-at-will doctrine.

Kari buys a copy of the newest edition of her Business Law textbook. At the end of the semester, she wants to sell it to her roommate. Under Copyright law, Kari: can sell the book to her roommate legally because distribution is not one of the rights of copyright law. cannot sell the book to her roommate legally under the Fair Use Doctrine. cannot sell the book to her roommate legally because the author holds the exclusive right to distribute the work. can sell the book to her roommate legally under the First Sale Doctrine.

can sell the book to her roommate legally under the First Sale Doctrine.

Sartain, fourteen years old, is looking for his first job. Under the Fair Labor Standards Act, Sartain: cannot work at all; he will have to wait until he is eighteen. cannot work at all; he will have to wait until he is sixteen. cannot work in hazardous occupations. can work at any employment he desires.

cannot work in hazardous occupations.

The "Good Housekeeping Seal of Approval" on a product is an example of a: license. strong mark. certification mark. patent.

certification mark

Even if an employer's actions do not violate any provisions in an employment contract or statute, the employer may still be subject to liability under a: civil law theory. criminal law theory. statutory law theory. common law doctrine, such as a tort theory or agency.

common law doctrine, such as a tort theory or agency.

An example of intangible personal property would be a: television set. copyright. car. all of these choices.

copyright

Blog magazine buys and publishes an article by Cleo. Later, Blog markets a Web site database that contains a compilation of Blog articles, including Cleo's, without her consent. Blog has committed: trademark infringement. patent infringement. copyright infringement. theft of trade secrets.

copyright infringement

The Age Discrimination in Employment Act: is not widely enforced by American courts. covers business activities that affect intrastate commerce. prohibits employment discrimination on the basis of age against individuals aged 35 or older. applies to all U.S. businesses.

covers business activities that affect intrastate commerce.

In 1936 Margaret Mitchell wrote Gone with the Wind. Mitchell received the National Book Award in 1936 and a Pulitzer Prize for fiction in 1937. Mitchell died in 1949 without writing a sequel. For years, fans wondered what happened to the characters in the original novel but no one could write a sequel without the permission of Mitchell's family. This is because the copyright holder has exclusive rights to create: musical works. derivative works. copies. public displays.

derivative works

Theodore Rosenblatt, a white attorney, worked for the law firm of Bivona & Cohen, P.C. When Bivona & Cohen terminated Rosenblatt's employment, he filed a lawsuit against the firm. Rosenblatt claimed that he had been discharged because he was in an interracial marriage (he was married to an African American). He contended that a discharge for such a reason violated Title VII of the Civil Rights Act of 1964. The firm filed a motion for summary judgment arguing that he was alleging discrimination against his wife, not himself, and thus did not have standing to sue for racial discrimination. The court most likely: did not grant the firm's motion, because Rosenblatt had not proved that the marriage was the reason for his termination. did not grant the firm's motion, because Rosenblatt's own race was an issue, for that was why his marriage was interracial. granted the firm's motion, because there was no issue of fact to determine. granted the firm's motion, because Rosenblatt did not belong to a protected class and therefore has no rights under Title VII.

did not grant the firm's motion, because Rosenblatt's own race was an issue, for that was why his marriage was interracial.

Patricia Jackson, a black female and an experienced waitress, applied for a job as a part-time waitress at a restaurant owned by Jackie McCleod in Foley, Alabama. An interview was arranged for a Friday afternoon, at which time McCleod verbally offered Jackson the job for four days per week beginning on the following Monday. Jackson was to work two days in the kitchen and, following that orientation period, was to begin working as a waitress. On the intervening Sunday, when making out the week's schedule, McCleod scheduled Jackson to work four days in the kitchen. When Jackson arrived for work on Monday and learned of her assignment to the kitchen, she asked McCleod to change the schedule to accurately reflect their agreement. McCleod refused, and Jackson left. Later that same day, McCleod hired a white female for the position of waitress. Jackson filed a lawsuit against McCleod for discrimination on the basis of race. The court most likely held that McCleod had: not discriminated against Jackson, because she did not have a policy requiring black female employees to work in the kitchen. not discriminated against Jackson, because she did not intend to discriminate. discriminated against Jackson, because until Jackson completed a workday, McCleod did not know whether she was suitable for the job. discriminated against Jackson by assigning Jackson to work in the kitchen because of her race.

discriminated against Jackson by assigning Jackson to work in the kitchen because of her race.

Phanna Xieng came to the United States in 1974. When the Cambodian government fell in 1975, Xieng remained in the United States and in 1979 was employed by Peoples National Bank of Washington. In performance appraisals from 1980 through 1985, Xieng was rated by his supervisors as "capable of dealing effectively with customers" and qualified for promotion, although in each appraisal it was noted that Xieng might improve his communication skills to maximize his possibilities for future advancement. Xieng applied for many different jobs in the bank, including several that did not require communication with customers. In spite of being qualified for these jobs, he was never promoted. In 1986, he filed a complaint against the bank, alleging employment discrimination based on national origin. The employer argued that its refusal to promote Xieng because of his poor communication skills did not amount to discrimination based on national origin. The court most likely held that the bank: did not discriminate against Xieng, because Xieng did not meet the bank's standards for reasonable communication. did not discriminate against Xieng, because he was aware that he needed to improve his communication skills and he failed to do so. discriminated against Xieng, because of his religion. discriminated against Xieng, because he was not promoted to jobs for which he was qualified and that did not require unaccented speech.

discriminated against Xieng, because he was not promoted to jobs for which he was qualified and that did not require unaccented speech.

Rashid had been with his employer for more than a year, and had received good reviews for the quality and quantity of his work. But then he got a new boss, who made it clear that he did not like people of Rashid's ethnic and religious background. The new boss fired Rashid. This is an example of: unintentional discrimination. retaliation. disparate impact discrimination. disparate treatment discrimination.

disparate treatment discrimination.

The term "employment at will" means that: the employer must hire when the will of the employee coincides with the will of the employer. the employee may quit his or her job only for cause, and only after consulting with the employer. the employer may not fire an employee except for cause, and only after a formal review process. either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract.

either party (employer or employee) may terminate the employment relationship at any time and for any reason or no reason, so long as the termination does not violate a statutory law or an employment contract.

Tri-State Distribution Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep occupational injury and illness records for each employee if the employers have: eleven or more employees. twenty-one or more employees. thirty-one or more employees. fifty-one or more employees.

eleven or more employees.

The Family and Medical Leave Act (FMLA) requires: employers that have 50 or more employees to provide employees with up to 12 weeks of unpaid family or medical leave during any 12-month period. employers that have 100 or more employees to provide employees with up to six weeks of unpaid family or medical leave during any 12-month period. employers that have 150 or more employees to provide employees with up to nine weeks of unpaid family or medical leave during any 12-month period. none of these choices.

employers that have 50 or more employees to provide employees with up to 12 weeks of unpaid family or medical leave during any 12-month period.

A common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise is referred to as: the tort theory of employment. employment at will. the contract theory of employment. the agency theory of employment.

employment at will

Silicon Software, Inc., recruits employees in India and other Asian countries. The Immigration Act of 1990: encourages skilled workers to enter the United States. requires Silicon to hire illegal immigrants. requires skilled workers to enter the United States. encourages Silicon to hire illegal immigrants.

encourages skilled workers to enter the United States.

The National Labor Relations Act (NLRA) established the right to: be free from employment discrimination. engage in secondary boycotts. engage in collective bargaining and to strike. receive time and a half for overtime.

engage in collective bargaining and to strike.

Julie, a teacher, wants to use a small portion of a novel for use in class to discuss the different perspectives of environmentalism. Use of this material likely is allowable under the: First Amendment. First Sale Doctrine. Fair Use Doctrine. Educational Practices Doctrine.

fair use doctrine

A closed shop is a firm that rejects union membership as a condition of employment. True False

false

A closed shop is a workplace that requires union membership after a worker has been on a job for specified amount of time. True False

false

A collective mark is used to distinguish the services of one person or company from those of another. True False

false

A copy must be exactly the same as the original to infringe a copyright. True False

false

A lawsuit for violation of the Uniformed Services Employment and Reemployment Rights Act must be brought within five years of the alleged violation. True False

false

A license is the conveyance of an interest in property that is not revocable. True False

false

A list of customers cannot be a trade secret. True False

false

A party who unintentionally uses the trademark of another is not liable for trademark infringement. True False

false

A periodic tenancy is created when a landlord rents property to a tenant "for as long as both shall agree." True False

false

A profit is a right to make a profit from some part of land or some product of the land, and the right terminates once that profit is made. True False

false

A tenancy at will is created by an express contract by which property is leased for a specified period of time. True False

false

A tenancy for years is created when a lease does not specify its duration. True False

false

A trademark must be registered to support a trademark infringement action. True False

false

After-acquired evidence of employee misconduct bars any recovery by the employee even if he or she can prove that discrimination occurred. True False

false

All employees are entitled to overtime pay. True False

false

All employers in the United States are subject to federal employment discrimination laws. True False

false

All states have enacted laws that prohibit affirmative action programs at public institutions within their borders. True False

false

All unemployed workers are eligible for unemployment compensation. True False

false

An applicant cannot register a trademark on the basis of an intention to use the mark in commerce. True False

false

An arbitrary use of ordinary words may not be trademarked. True False

false

An employer may hire an illegal immigrant if the employer files a special form. True False

false

An employer who discovers an employee's misconduct after discharging the employee may have a good defense to an employment discrimination suit. True False

false

During a union election campaign, an employer may not campaign among its workers against the union. True False

false

During a union election campaign, an employer may not limit the activities of union supporters. True False

false

Eminent domain refers to the ultimate right of an owner in fee simple absolute to transfer the property by will to whomever he or she wishes. True False

false

Employers are required to establish retirement plans for their employees. True False

false

Employers can agree with unions not to handle, use, or deal in non-union-produced goods. True False

false

Employers have no general duty to keep workplaces safe. True False

false

Employers may waive the overtime requirements of the Fair Labor Standards Act. True False

false

Federal labor laws cover all workers. True False

false

For a party to take by adverse possession, the party's possession must not be hostile to the true owner's rights. True False

false

If a similarly situated person who did not serve in the military is treated less favorably than someone who did serve in the military, the employer has violated the USERRA. True False

false

In a bailment, title to the property is transferred to the bailee. True False

false

In the United States, a patent is given to the first person to invent a product or process. True False

false

Lack of discriminatory intent is a complete defense to a charge of unlawful employment discrimination. True False

false

Once an employee receives workers' compensation, he or she can maintain a suit against the employer for negligence. True False

false

One who finds lost property acquires title to it against the entire world, including the original owner. True False

false

Only the states can enforce safety standards governing workplaces. True False

false

Pricing information cannot be a trade secret. True False

false

Property voluntarily placed somewhere by its owner and inadvertently forgotten is lost property. True False

false

Recovery under state workers' compensation law for an on-the-job injury is only possible if the injury was caused by the employer's negligence. True False

false

Requiring union membership as a condition of continued employment is legal. True False

false

Surface and subsurface rights cannot be separated. True False

false

Tangible personal property represents a set of rights and interests but has no real physical substance. True False

false

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over eighteen. True False

false

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age against persons over twenty-one. True False

false

The Americans with Disabilities Act of 1990 (ADA) requires that a disabled applicant be hired even if he or she lacks a necessary job qualification. True False

false

The Anti-Counterfeiting Trade Agreement (ACTA) applies only to counterfeit physical goods, such as medications. True False

false

The Uniformed Services Employment and Reemployment Rights Act protects civilian job rights and benefits for active military personnel and reservists, but not former military personnel. True False

false

The law guarantees union members higher wages than nonunion workers. True False

false

The theft of trade secrets is not a crime unless a contract is breached . True False

false

The unauthorized use of a "famous" trademark is prohibited only if the unauthorized user competes directly with the owner of the mark. True False

false

There are no exceptions to the employment-at-will doctrine. True False

false

In 2010, Sara writes Terror at the Track, a novel about racecar driving. Sara does not register the work with the appropriate government office. Under federal copyright law, Sara's work is protected: forever. for twenty years. for ten years. for the life of the author plus seventy years.

for the life of the author plus seventy years.

Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected: forever. for twenty years. for ten years. for the life of the inventor plus seventy years.

for twenty years

Kyle works as a forklift operator for Local Warehouse Company. Assuming that Kyle meets other requirements, the maximum number of hours that he can work per week without overtime pay is: forty. forty-one. unlimited. thirty-nine.

forty

The structure, sequence and organization of a computer program is protected by copyright, but for the most part, not its: source code. print outs. binary-language object code. general appearance on screen.

general appearance on screen

Target Marketing, LLC., a new start-up business, has developed a way to identify quickly those who might be in need of marketing services, but it sees the potential of its method to expand to uses for other businesses. What should Target Marketing do to protect its new business process? Get a copyright Get a patent Get a license All of these choices

get a patent

Jami invents a new machine that automatically weeds small gardens. He obtains a patent for his invention from the U.S. government. Louisa buys one of Jami's machines, pulls it apart, copies his work, and starts producing and selling her own version of the amazing "Weed Eater." Louisa: has violated Jami's trade dress. has infringed on Jami's patent rights. has done nothing wrong--competition is a part of our market economy. has committed a wrongful appropriation.

has infringed on Jami's patent rights.

Dave temporarily left his full-time position at Reliable Fire Protection (RFP) for full-time overseas deployment with the Marine Reserves. Under USERRA, RFP must reinstate Dave to his former position if it: has fifty or more employees. has fifteen or more employees. has twenty or more employees. has one employee.

has one employee.

The Immigration Reform and Control Act, which is administered by the U.S. Citizenship and Immigration Services, prohibits employers from: firing legal immigrants. hiring illegal immigrants. paying overtime to immigrant workers. none of these choices.

hiring illegal immigrants.

Cora, a female, and Dom, a male, are employees of Equipment Leasing Corporation. Cora regularly e-mails sexually explicit images to Dom via Equipment Leasing's computer network. Dom finds this offensive. This is: reverse discrimination. quid pro quo harassment. not harassment or any form of discrimination. hostile-environment harassment.

hostile-environment harassment.

Unlike copyright protection, protection of trade secrets extends to: audiovisual works. ideas and their expression. computer programs. advertising jingles.

ideas and their expressions

Sue, a clerk for Totally Tacos restaurant, strikes with the other employees. During the strike, Totally Tacos only hires a few temporary workers and leaves most positions vacant. After the strike, Sue must be rehired: regardless of whether her employer hired a temporary worker to fill her position. only if it was a strike based on unfair labor practices. if she has worked for the employer for a year or more. if her position remains vacant.

if her position remains vacant.

Luke is a maintenance employee for Natural Products Company. Under the Employee Retirement Income Security Act, Luke's contributions to his pension plan vest: after five years of employment. after five years of retirement. five years before retirement. immediately.

immediately

Nina works as an employee for Overland Sales, Inc. To protect Nina and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on: an implied contract theory only. a public policy theory only. implied contract and public policy theories. neither implied contract nor public policy theories.

implied contract and public policy theories.

A court would most likely find an exception to the employment-at-will doctrine if an employee was fired: in retaliation for reporting that her employer was illegally dumping toxic chemicals into a river. for sending the wrong package to an important customer. because he broke an expensive piece of equipment, shutting down the factory for several hours. all of these choices.

in retaliation for reporting that her employer was illegally dumping toxic chemicals into a river.

The federal government began to regulate wages and working hours of employees: in the decade following the Civil War. immediately after the First World War. in the 1930s. in the late 1700s.

in the 1930s.

Mineral Mining Corporation is a U.S. employer. Mineral, and other U.S. employers, must perform I-9 verifications for new hires who work under the employer's direct supervision: excluding contractors but including day workers. excluding day workers but including contractors. including contractors and day workers. excluding contractors and day workers.

including contractors and day workers.

An employer is required to accommodate the needs of a job applicant or employee with a disability with reasonable accommodations such as: instituting flexible working hours. serving only vegan meals in the company cafeteria. allowing fewer working hours. allowing the employee to partially complete assignments.

instituting flexible working hours.

Cleo, who is an employee of Delta Industries, Inc., is protected under the National Labor Relations Act, which is enforced by the National Labor Relations Board (NLRB). The NLRB has the authority to: manage state unemployment funds. organize workers into unions. oversee administration of workers' compensation laws. investigate unfair labor practices.

investigate unfair labor practices.

The Anti-Counterfeiting Trade Agreement: has not yet been ratified as an international treaty. is a U.S. law designed to prosecute foreign companies who violate U.S. copyrights. is an international treaty to combat global piracy. is a U.S. law designed to prosecute foreign companies who violate U.S. patents.

is an international treaty to combat global piracy.

United Company replaces Vera, a forty-five-year-old employee, with Wendy. Vera files a suit against United under the Age Discrimination in Employment Act. To establish a prima facie case, Vera must show that she: is qualified for the position. is older than Wendy. is generally more dependable than Wendy. deserves higher pay than Wendy.

is qualified for the position.

Jaime goes to the MultiPlex Movies to watch the latest movie with MariLou, their first date. After the movie, Jamie takes MariLou to the local hot spot, "El Pollo Loco." When it comes time to pay the bill, Jaime realizes that he is missing his wallet. "Maybe it fell on the floor at the theater" he tells MariLou. Leaving MariLou stranded at the cash register, he arrives at Multiplex only to discover that it is closed. He returns to Pollo Loco and asks MariLou to leave her Texas Driver's License at the cash register because they have no cash. The next day he discovers Multiplex has not found his wallet so he informs the manager to call him on his smartphone as soon as they find it. Jaime's wallet is: lost. a bailment. abandoned. mislaid.

lost

An employer that violates the FMLA may be held liable for damages to compensate an employee for: denied compensation equivalent to the employee's wages for six months. at least 50% of the employee's lost wages. lost benefits, denied compensation, and actual monetary losses up to an amount equivalent to the employee's wages for 12 weeks. actual monetary losses up to an amount equivalent to the employee's wages for 12 months.

lost benefits, denied compensation, and actual monetary losses up to an amount equivalent to the employee's wages for 12 weeks.

Suppose Bruce and Carolyn go out to dinner at the Triangle Bar and Grill for an evening of steaks, wine, and dancing. Bruce paid for the meal but when they get home he realizes that he cannot find his new iPhone and must have left it on the table. Bruce calls up the Triangle to inquire about the iPhone. Analyzing the facts here would lead to a conclusion that the iPhone was ______ at the Triangle, and ______. lost; manager of the Triangle becomes the caretaker of the iPhone until Bruce claims it abandoned; the finder acquires title to the iPhone mislaid; the manager of the Triangle must safeguard it until Bruce returns to pick it up lost; the finder of the iPhone acquires title to it

mislaid; the manager of the Triangle must safeguard it until Bruce returns to pick it up

Dave temporarily left his full-time position at Reliable Fire Protection (RFP) for full-time overseas deployment with the Marine Reserves. After serving 18 months, Dave returned to his home. RFP: has no duty to Dave. must reinstate Dave to his former position, or to a higher position if he would have attained that position had he not deployed. must not only reinstate Dave, but also give him a promotion. must reinstate Dave, but can move him to a lesser-paid position.

must reinstate Dave to his former position, or to a higher position if he would have attained that position had he not deployed.

Title VII of the Civil Rights Act of 1964: neither requires nor prohibits affirmative action. requires affirmative action policies from companies engaged in interstate commerce. requires affirmative action policies of companies with more than twenty workers. requires most private firms to implement affirmative action policies.

neither requires nor prohibits affirmative action.

Standard Company denies a promotion to Tony, a member of a minority, when he fails to pass a required test. Few members of minorities have passed the test. The number of promoted employees who are members of minorities does not reflect their percentage in the local labor market. In a suit against Standard, if Tony can show a connection between the test and the number of promoted minority members: no evidence of discriminatory intent is necessary. it must be proved that the test had a discriminatory purpose. it must be proved that Standard has other discriminatory practices. it must be proved that Standard had discriminatory intent.

no evidence of discriminatory intent is necessary.

Seafood Canning Corporation keeps a file of I-9 verifications forms. To inspect this file, the appropriate government officer must obtain: a subpoena and a warrant. a subpoena or a warrant, but not both. not a subpoena, a warrant, or the employer's consent. the employer's consent.

not a subpoena, a warrant, or the employer's consent.

The landlord of an apartment complex leased a building he owned nearby for use as a cocktail lounge. The residential tenants complained to the landlord about the late-evening and early-morning music and disturbances coming from the lounge. Although the lease for the lounge provided that entertainment had to be conducted so that it could not be heard outside the building and would not disturb the apartment tenants, the landlord was unsuccessful in remedying the problem. The tenants vacated their apartments. The landlord filed a lawsuit seeking to collect rent from the tenants who vacated. The court most likely held that the landlord was: not entitled to rent payments, because he had breached the covenant of habitability. not entitled to rent payments, because he had breached the implied covenant of quiet enjoyment. entitled to rent payments, because he had not breached the covenant of habitability. entitled to rent payments, because the tenants had breached their covenant of quiet enjoyment.

not entitled to rent payments, because he had breached the implied covenant of quiet enjoyment.

Juan develops a new bike lock to prevent theft of bicycles on college campuses. In order to protect his invention, he must file a patent. In order to file that application, he must show that his bike lock is: creative, documented, and authentic. made of a material not previously used in bike locks. novel, useful, and not obvious. original, functional, and market tested.

novel, useful, and not obvious

The difference between a profit in gross and a profit appurtenant is that: one is the right to go onto (or remove things from) adjacent land, and the other is a right to do so on nonadjacent land. one is a future interest and one is a present interest in land. one belongs to a grantor and the other to the grantee. one involves the use of a quitclaim deed while the other does not.

one is the right to go onto (or remove things from) adjacent land, and the other is a right to do so on nonadjacent land.

The FMLA requires employers who have fifty or more employees to provide employees with up to twelve weeks of unpaid family or medical leave, provided the employee has worked for the employer for at least: thirty days. sixty days. one year. none of these choices.

one year

Matt is a veteran, and works for the local Wal-Mart Store. Matt may be terminated: only "for cause." for any reason, if he works in an employment-at-will state. only after ten years of employment. for any reason, whether he works in an employment-at-will state or not.

only "for cause."

Hugh, an employee of International Shipping Corporation (ISC), is injured on the job and accepts workers' compensation. Hugh can successfully sue ISC: only if the injury was caused by ISC's negligence. regardless of ISC's fault. under no circumstances. only if the injury was caused by ISC intentionally.

only if the injury was caused by ISC intentionally.

The Fair Labor Standards Act prohibits: all child labor. difficult child labor. oppressive child labor. working times and hours for persons between the ages of sixteen and eighteen.

oppressive child labor.

Packaged Foods Corporation (PFC) employs 1,000 workers in three locations. Under the Norris-LaGuardia Act, PFC's workers have the right to: higher pay. organize. refuse to bargain with PFC. demand that PFC be a closed shop

organize

EY corporation sues Robert for patent infringement. The court finds that Robert willfully infringed EY's patent and awards remedies. For this case, which of the answers listed is not a possible remedy? Prison for Robert. Royalties. Injunction. Treble damages.

prison for robert

Lois gives Miro a computer. Using the computer, Miro creates and edits an animated film titled New Day. Miro forms Our Time, Inc., to make and sell the film. With respect to New Day, on Miro's part, this is acquisition by: gift. accession. bailment. production.

production

Richard Winters was an at-will employee for the Houston Chronicle for nine years. After he had worked there for about four years, he became aware of illegal activities carried out by other employees. He learned that the Chronicle was falsely reporting an inflated number of paid subscribers, and that several employees were engaged in inventory theft. His supervisor offered him an opportunity to participate in a kickback scheme with a manufacturer of plastic bags. Winters reported all these activities to upper-level management. He made no report to law enforcement agencies. He was fired six months later. Winters lived in a state that did not have a whistleblower statute. He filed a lawsuit against the Chronicle for wrongful termination. The court most likely held that Winters was: protected by the application of the employment-at-will doctrine. not protected, because he was not fired for refusing to participate in an illegal act. not protected, because under the terms of his job, the Chronicle had the right to fire him at any time, with or without cause. protected by a public policy exception to the employment-at-will doctrine.

protected by a public policy exception to the employment-at-will doctrine.

The purpose of a recording statute is to: limit the use of wills to transfer property. regulate land use within suburban locations. provide public notice of claims against property. promote the use of adverse possession.

provide public notice of claims against property.

All of the following can be a bona fide occupational qualification except: national origin. religion. gender. race.

race

A two-hundred-year-old oak tree located on a piece of property is considered to be: personal property. an appurtenance to real property. real property. chattel.

real property

Plant life, both natural and cultivated, is also considered to be: real property. natural property. personal property. personalty.

real property

Statutes that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property are: realty statutes. real property statutes. recording statutes. none of these choices.

recording statutes

As a condition of his employment, Earl Angus lived with his family in a mobile home owned by his employer, Deffenbaugh Industries. Deffenbaugh purchased the mobile home and located it on the grounds of its plant so that Angus could maintain "a constant presence on the premises." Angus ordinarily worked out of an office located in a different building, but the mobile home had a telephone so that Angus could contact drivers and customers as needed. One day, Angus returned to the mobile home for dinner and also to await the arrival of a company truck on company business. Fifteen minutes later, a tornado struck, killing Angus's wife and severely injuring him and his daughter. Angus filed a workers' compensation claim against Deffenbaugh, alleging that his injuries arose "out of his employment." Deffenbaugh argued that Angus was not entitled to recover workers' compensation because he was not working but was eating dinner when the tornado struck. The court most likely held that Angus could: recover under workers' compensation laws, because any injuries occurring on the employer's premises are automatically covered. not recover under workers' compensation laws, because the tornado was beyond the employer's control and caused injuries of a kind that were not anticipated by the employer or its insurer. not recover under workers' compensation laws, because eating with his family was not in the scope of his employment. recover under workers' compensation laws, because at the time of his injuries he was performing the duties of his job, which required his continual presence on the employer's premises.

recover under workers' compensation laws, because at the time of his injuries he was performing the duties of his job, which required his continual presence on the employer's premises.

Standard Factory Machinery, Inc., obtains a patent on a drill press. Total Equipment Company (TEC) copies the design. This patent is infringed: regardless of whether TEC copies the press in its entirety or sells it. only if TEC sells the press in the market. only if TEC copies the press in its entirety. only if TEC copies the press in its entirety and sells it.

regardless of whether TEC copies the press in its entirety or sells it.

Businesses may protect their trade secrets by: making sure the information is trademarked. registering them with the U.S. Patent Office. requiring that all employees must sign confidentiality agreements. applying for a copyright.

requiring that all employees must sign confidentiality agreements.

The Fair Labor Standards Act (FLSA) does not: prohibit oppressive child labor. restrict the power of federal courts to issue injunctions against unions. extend minimum-wage rules to employees in covered industries. require overtime payment after an employee works forty hours in one week.

restrict the power of federal courts to issue injunctions against unions.

When an affirmative action program results in discrimination against "majority" workers, such as white males, it is known as: reverse discrimination. disparate-impact discrimination. after-acquired discrimination. inverse discrimination.

reverse discrimination

A state law providing that employees may not be required to join a union as a condition of retaining employment is known as a: hot-cargo agreement. right-to-work law. collective bargaining agreement. closed-shop law.

right-to-work law

Randi, a former U.S. soldier, works for Tandy Corp. Tandy is a U.S. corporation, but Randi works in its London facility. Randi was recently dismissed for no reason. If Randi sues Tandy Corp. under the Uniformed Services Employment and Reemployment Rights Act: she will prevail because the USERRA applies to United States employers operating in foreign countries. she will not prevail because she is no longer a U.S. citizen. she will prevail if Tandy Corp. has over fifty employees. she will not prevail, because her employment is not in the United States.

she will prevail because the USERRA applies to United States employers operating in foreign countries.

In order to hire Mario, a foreign worker, to work in its poultry processing factory in Arkansas, the Foghorn Company will need to: pay Mario at least 50 percent more than it pays U.S. citizens who work in the factory. first gain the approval of all the other workers in the factory. show that no American workers are qualified, willing, and able to take the job. obtain a red card for Mario.

show that no American workers are qualified, willing, and able to take the job.

Under the Age Discrimination in Employment Act (ADEA), a plaintiff must show: the employer was motivated in part by unlawful discrimination. the employer acted with malicious intent. that the unlawful discrimination was not just a reason but the reason for the adverse employment action. nothing. The burden is always on the employer.

that the unlawful discrimination was not just a reason but the reason for the adverse employment action.

Unity Production Company is suspected of employing illegal immigrants. The government conducts random compliance audits and other enforcement measures against those who might violate immigration laws through: the H1-B. the ICE. the NLRB. the CIS.

the ICE

Dave temporarily left his full-time position at Reliable Fire Protection (RFP) for full-time overseas deployment with the Marine Reserves. Whether or not RFP must reinstate Dave is governed by: the Uniformed Security Employment and Returning Rights Act (USERRA). state unemployment law. state employment laws. the Uniformed Services Employment and Reemployment Rights Act (USERRA).

the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Normally, a landowner has a right to everything existing permanently below the surface of his or her property to: 100 feet below the surface. 500 feet below the surface. the center of the earth. 25 feet below the surface.

the center of the earth

An employer may be held liable for the wrongful discharge of an employee if the discharge violated: the common law or statutory law. the Tenth Amendment to the U.S. Constitution. CPSC rules. the Social Security Act.

the common law or statutory law.

Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes: the crops only. the trees only. neither the crops nor the trees. the crops and the trees.

the crops and the trees

Industrial Solvents, Inc. (ISI), and its employees are subject to federal labor law, which is concerned with the rights of: ISI only. neither the employees nor ISI. the employees and ISI. the employees only.

the employees and ISI.

Fiona invents a new deep-sea fishing net, which she names "Great Catch." She also writes the operating manual to be included with each net. Fiona could obtain copyright protection for: the manual only. the name only. the net only. the manual, the net, and the name.

the manual only

Model Farms, Inc., owns land in Nebraska. Attached to the land are natural products (crops, grasses, and trees) and structures (houses and farm buildings). The "land" includes: the natural products only. neither the natural products nor the structures. the natural products and the structures. the structures only.

the natural products and the structures

Roy leaves his Honda sport utility vehicle at Karl's ATV World for an oil change. This is a bailment for: the sole benefit of the bailee. the sole benefit of the bailor. neither party's benefit. the parties' mutual benefit.

the parties' mutual benefit.

The first line of defense for an employer charged with discrimination in promoting its employees is to assert that: promoting the discriminated person would burden the employer. the plaintiff has failed to meet his or her initial burden of proving that discrimination occurred. the same situation is true for other areas of the company's operation such as for hiring and job benefits. the discrimination is essential to the job.

the plaintiff has failed to meet his or her initial burden of proving that discrimination occurred.

Jiffy Software, Inc., a U.S. manufacturer, files a suit against Kawa, Ltd., a Japanese software maker, for the infringement of intellectual property rights under Japan's national laws. Under the TRIPS agreement, Jiffy is entitled to receive: better treatment than Kawa. the same treatment as Kawa. worse treatment than Kawa. nothing.

the same treatment as kawa

If a firm makes, uses, or sells another's patented design, product, or process without the patent owner's permission, the firm commits: the crime of patent infringement. the crime of license infringement. the tort of license infringement. the tort of patent infringement.

the tort of patent infringement.

Under the Restatement of Torts, persons who disclose or use another's trade secret, without authorization, are liable to that other party if: the information was properly registered with the USPTO. their disclosure or use constitutes a breach of a duty owed to the other party. they properly discovered the secret as part of their duties. inadequate steps were taken by the owner to guard the information.

their disclosure or use constitutes a breach of a duty owed to the other party.

Affirmative Action Programs may violate the equal protection clause of the Fourteenth Amendment because: they do not provide equal protection to all the protected classes. they have been proven to cause reverse discrimination in all cases. they can be inherently discriminatory in nature. Affirmative Action Programs are illegal if they contain quotas or preferences.

they can be inherently discriminatory in nature.

Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is: trade dress. a collective mark. a certification mark. a service mark.

trade dress

Suppose that when you enter an "On the Border" Mexican restaurant, you see a distinctive interior, a distinctive menu, and a wait staff wearing distinctive attire. This combination of things creates a unique ambience, known in legal terms as a: trade secret. trade dress. trade name. trademark.

trade dress

The process behind the production of "Fast Pace," a racecar video game, is protected by: trade secrets law. patent law. copyright law. trademark law.

trade secrets law

Peak Corporation hacks into Quality Data Company's computers and downloads confidential business data. There is no contract between Peak and Quality regarding the data. This is: patent infringement. trademark infringement. trade secrets theft. none of the above.

trade secrets theft

A fixed-term tenancy terminates at the end of the specified period without notice. True False

true

A fixed-term tenancy terminates automatically when its terms ends. True False

true

A formula for a chemical compound can be a trade secret. True False

true

A good business reason for a practice that has a discriminatory effect may permit an employer to avoid liability for discrimination. True False

true

A party alleging discrimination must file a claim with the Equal Employment Opportunity Commission before filing a suit against an employer. True False

true

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties, so long as the activity is noncommercial. True False

true

A personal name is protected under trademark law if it acquires a secondary meaning. True False

true

A right to go onto land in the possession of another and take away some product of the land is a profit. True False

true

A worker whose job is terminated can still participate in the employer's health plan. True False

true

Age discrimination is potentially the most widespread form of discrimination. True False

true

An employee may file an action for wrongful discharge against an employer who discharges the employee in violation of an employment contract. True False

true

An employer must modify its job-application process so that those with disabilities can compete for jobs with those who do not have disabilities. True False

true

An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit. True False

true

An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract. True False

true

Arnold gives Janie his laptop computer to use while she writes a term paper. Arnold and Janie have created a bailment for the sole benefit of the bailee. True False

true

At least one court has held that prohibiting affirmative action programs at public institutions violated the U.S. Constitution. True False

true

Damages are available for victims of intentional employment discrimination based on gender, religion, age, or disability. True False

true

Delivery of intangible personal property must be done by constructive delivery. True False

true

During any strike, an employer may hire temporary substitute workers to replace strikers. True False

true

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights. True False

true

Easements can be created by necessity. True False

true

Employee contributions to pension plans vest immediately. True False

true

Employers who provide pension plans for retired workers must comply with certain standards in managing the plans. True False

true

Farmer Bill owns 1,000 acres of land with prime pine timber and other natural resources. He gives permission to Boise-Cascade Lumber Corporation to take the timber from 500 acres of his land. Application of the text to these facts tells us that the trees are now personalty. True False

true

Federal labor law protects employees' right to strike. True False

true

Federal labor law protects employees' rights to picket. True False

true

Federal law governs unions' internal business procedures. True False

true

Federal law prohibits the unauthorized commercial use of a trademark. True False

true

Firing a worker who refuses to perform an illegal act violates public policy. True False

true

Generally, if an owner intends something to be a fixture, it is a fixture. True False

true

If the restriction in a restrictive covenant passes with the land's ownership, it is said to "run with the land." True False

true

In a sale of real estate, the seller's failure to disclose a material defect gives the buyer the right to rescind the contract and to sue for damages based on fraud or misrepresentation. True False

true

In most states, employers who show an ability to pay claims do not need to buy workers' compensation insurance. True False

true

Intangible personal property represents a set of rights and interests but has no real physical substance. True False

true

Land includes all of the waters on or under its surface. True False

true

Monica is a fifty-six-year-old factory worker with no managerial responsibilities who was terminated by her employer under a mandatory retirement plan. The Age Discrimination in Employment Act (ADEA) prohibits such actions. True False

true

Most employees can continue the group health benefits provided by their employers for a limited period of time after the loss of employment. True False

true

One of the goals of the Anti-Counterfeiting Trade Agreement (ACTA) treaty is to provide a legal framework to combat counterfeiting. True False

true

Real property includes land and everything permanently attached to it. True False

true

Supervisors may be subject to personal liability for violations of the Family and Medical Leave Act of 1993. True False

true

The Constitution limits a government's exercise of its power of eminent domain. True False

true

The Madrid Protocol aims to cut the cost and time required to protect trademarks internationally. True False

true

The TRIPS agreement includes copyright protection for computer programs. True False

true

The U.S. Supreme Court in 2014 recognized that states have the power to enact laws that prohibit affirmative action programs at public institutions within their borders. True False

true

The USERRA makes military service and status a protected class and gives members of this class a right to sue an employer for violations. True False

true

The employment-at-will doctrine is still in widespread use. True False

true

The rights that accompany a fee simple absolute include the right to use the land for whatever purpose the owner sees fit. True False

true

There are no registration requirements for trade secrets. True False

true

To establish a prima facie case under the USERRA, the plaintiff must establish that the employer took an adverse employment action based in part of the employee's connection with the military. True False

true

To gain authorization for hiring a foreign worker, an employer must show that no U.S. worker is qualified, willing, and able to take the job. True False

true

To transfer the title to real property, a deed must be signed and delivered. True False

true

Trade dress has the same legal protection as trademarks. True False

true

Under the Americans with Disabilities Act of 1990, a person with a physical impairment that "substantially limits" everyday activities is disabled. True False

true

Under the Americans with Disabilities Act of 1990, disabled employees are entitled to "reasonable accommodation." True False

true

Unions must allow their members to participate in union meetings. True False

true

Zoning laws were first used in the United States to segregate slaughterhouses, distilleries, kilns, and other businesses that might pose a nuisance to nearby residences. True False

true

Café Dining, Inc., employs one hundred workers in three locations in two states. Under the Family and Medical Leave Act of 1993, Café must provide its employees, during any twelve-month period, family or medical leave of up to: twelve days. twelve weeks. twelve months. twelve years.

twelve weeks.

A patent for a new invention will last for: fifty years. fifteen years. ten years. twenty years.

twenty years

Fruits & Vegetables, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in seven states. Under the Immigration Act of 1990, Fruits & Vegetables can hire illegal immigrants: if either the employer or the immigrants file special forms. only if the employer files a special form. only if the immigrants file special forms. under no circumstances.

under no circumstances.

In most situations, an employer must make reasonable accommodations for an employee with a disability who can perform essential job functions. If an employer does not accommodate the needs of employees with disabilities, then the employer must demonstrate that the accommodations would cause: jealousy among other employees. a change in workplace environment. an inconvenience. undue hardship.

undue hardship.

In 1966, Corning Glass Works employed women and men to operate its plants. Jobs on the night shift that had previously been available only to men were opened to women. The previously separate male and female seniority lists were consolidated, and the women became eligible to exercise their seniority on the same basis as men and to bid for the higher-paid night inspector jobs as vacancies occurred. Two years later a new collective bargaining agreement went into effect that established a new evaluation system for setting wage rates and establishing a uniform wage rate for inspectors that was higher than the former night shift wage. Nevertheless, night shift inspectors hired before the date of the agreement, still predominantly men, were paid a higher "red circle" rate that had the effect of maintaining the higher pay for the night shift inspectors. The U.S. secretary of labor filed a lawsuit against Corning contending that the policy violated Title VII's prohibition against using gender as the basis for a wage rate difference. The court most likely held that Corning's policies: did not violate Title VII, because the pay differential was based on seniority, not gender. violated Title VII, because the company maintained an entirely separate pay scale for women. violated Title VII, because the company maintained an entirely separate pay scale for men. violated Title VII, because under the original policy the difference between the day and night rates was based only on gender, and the "red circle" rate maintained that system.

violated Title VII, because under the original policy the difference between the day and night rates was based only on gender, and the "red circle" rate maintained that system.

A deed in which the grantor assures the grantee that the grantor has title to the property conveyed in the deed, that there are no encumbrances on the property other than what the grantor has represented, and that the grantee will enjoy quiet possession of the property is called a: deed. warranty deed. special warranty deed. none of these choices.

warranty deed

The type of deed that provides a buyer with the greatest legal protection is a: quitclaim deed. grant deed. warranty deed. special warranty deed.

warranty deed

To make out a prima facie case of age discrimination, one must show that he or she: was misled by the employer about the nature of the dismissal. was discharged in an embarrassing manner. was replaced by someone younger. was qualified for the job he or she lost.

was qualified for the job he or she lost.

A trade secret is anything that makes an individual company unique and that: is known only to companies in the same industry. would have value to a competitor. can be copyrighted. is stored on the company's computers.

would have value to a competitor

The international law that prohibits member nations from discriminating against foreign owners of intellectual property rights is the: Trade-Related Aspects of Intellectual Property Rights agreement. Madrid Protocol. Berne Convention. Digital Millennium Copyright Act.

Trade-Related Aspects of Intellectual Property Rights agreement.

John and Annie are neighbors who live adjacent to one another. Annie grows some very productive strawberry fields on her property. John observes the strawberries Annie's growing and mentions that he would love to try some. Annie decides to give her neighbor, John, permission to come on her property at any time and pick as many strawberries as he would individually like to eat. What kind of property right does John acquire? A life estate A possessory interest A profit An easement

a profit

Timber Products Company (TPC) has a right to remove from the property of Union Lumber Company all of the sawdust that TPC can use. This right is: an easement. a leasehold estate. a license. a profit.

a profit

Oakland Heights was a residential neighborhood that consisted of two-acre lots with one-family homes only. The deed for each lot stated that multiple-family units were prohibited. This is an example of: a restrictive covenant. a zoning ordinance. an easement. a restrictive ordinance.

a restrictive covenant

Almost anything is patentable, except: the laws of nature. natural phenomena. abstract ideas. all of these choices.

all of these choices

Which of the following may not be copyrighted? A painting A photograph A novel An idea

an idea

People recovering from alcoholism: need to be accommodated by employers even if they pose a threat to the health or safety of their co-workers. must be given first priority in employment applications to further the public policy against substance abuse. are not protected by the ADA. are protected by the ADA.

are protected by the ADA.

A firm that requires union membership by its workers as a condition of employment is called a(n): open shop. union shop. right-to-work shop. closed shop.

close shop

Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for: damages, fines, and/or imprisonment. damages only. fines or imprisonment only. nothing.

damages, fines, and/or imprisonment.

Delta, Inc., copies Eagle Corporation's patented invention in its entirety. Delta sells it as its own invention to First Products Company, without Eagle's permission. Eagle's patent is infringed by: Delta and First. Delta only. First only. neither Delta nor First.

delta only

To establish a prima facie case of discrimination under the Age Discrimination in Employment Act of 1967, a plaintiff must show only that discriminatory intent motivated an employer's decision. True False

false

To establish dilution, an alleged infringer's use of a "famous" mark must actually reduce the value of the mark. True False

false

To recover workers' compensation, an employee must prove that an injury was the fault of the employer. True False

false

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark. True False

false

Under current law, an employer cannot adopt an affirmative action plan. True False

false

Under the Americans with Disabilities Act of 1990, a person with a mental impairment that "substantially limits" everyday activities is not disabled. True False

false

Under the Anti-Counterfeiting Trade Agreement (ACTA), border officials of member nations must get a warrant from an international governing body before searching commercial shipments of imports and exports. True False

false

Under the Equal Pay Act of 1963, all of the women on an employer's staff must be paid the same as all of the men. True False

false

Whistleblower statutes allow employers to discharge employees who blow the whistle on their employers. True False

false

Whistleblower statutes protect employers who retaliate against their employees for "blowing the whistle." True False

false

Leah is an employee of Mega Corporation. To help pay for Leah's medical costs on retirement, contributions are required by law to be paid by: Leah and Mega. Leah only. Mega only. neither Leah nor Mega.

mega only

The 2008 amendment to the Americans with Disabilities Act: requires that a person's disability status be measured before the use of mitigating measures. requires that a person's disability status be measured after the use of mitigating measures. requires the certified report of 3 separate physicians in order to establish disability status. lists specific diseases and conditions covered by the act.

requires that a person's disability status be measured before the use of mitigating measures.

The Age Discrimination in Employment Act prohibits employment discrimination against: those under the age of 21. those over the age of 39. those over the age of 55. those over the age of 70.

those over the age of 39.

The Madrid Protocol concerns trademarks. True False

true

Trademark dilution laws protect against the: authorized use of trade dress, in some cases. unauthorized use of a mark regardless of whether the user is a competitor. unauthorized use of a mark by a competitor only. unauthorized use of a patent.

unauthorized use of a mark regardless of whether the user is a competitor.

The Labor-Management Reporting and Disclosure Act creates reporting requirements for which group or which set of activities?' Union activities Clerical workers Right-to-work lobbyists Corporate executives

union activities

After the patent period ends, anyone can make, sell, or use an invention: by applying to the federal government for a license to use the invention. by paying a fee to the patent holder. without paying the patent holder. by applying for a new patent on the invention.

without paying the patent holder.

Which of the items below would be a legitimate reason for an employer to not hire or promote someone? A company hires from within for all management positions, but sometimes modifies employee evaluations in order to promote the employees the other managers like better. The Airline hires only thin, female flight attendants because they believe customers prefer them. A male is not hired as a waiter in a restaurant because there are only female waitresses and the work uniform is bikinis. A woman is not hired to work at a male only spa in a position where she would need to have access to the dressing/locker rooms.

A woman is not hired to work at a male only spa in a position where she would need to have access to the dressing/locker rooms.

AAA Cola features Best Cola's trademark without its owner's permission. Cartel Company does not make or bottle AAA Cola, but distributes and sells it. Dian buys a bottle of AAA Cola. The mark has been used by: AAA. Best. Dian. none of the above.

AAA

Bail Bonds Inc. (BBI) advertises for a bilingual receptionist (Spanish and English) as 60% of the people who utilize their services speak only Spanish. Lisa applies for the job and is given an oral and written Spanish test. She fails both and is not hired for the position. She intends to sue BBI for employment discrimination. Who is likely to prevail in court? Lisa will prevail because employers are required to train any employee who cannot fulfill the advertised job requirements. Lisa will prevail because she has been discriminated against. The courts will not consider any other factors. BBI will prevail because an employer can set any job requirements they want. BBI will prevail if they can demonstrate that written and spoken Spanish is necessary for job performance.

BBI will prevail if they can demonstrate that written and spoken Spanish is necessary for job performance.

To fulfill a temporary contract, Alpha Communications Company needs some employees to work overtime. All of the following employees may work more than forty hours per week except: Beth, who is under sixteen and on spring break. Carl, who is an executive. Diane, who is a professional. Earl, who is an outside salesperson.

Beth, who is under sixteen and on spring break.

The Federal Aviation Administration has several guidelines that impose restrictions on certain people based on weight and mandatory retirement age. Which of the below guidelines will be deemed legitimate? For safety reasons, height and weight restrictions are in place for all flight attendants based on the ability to walk down the aisle unimpeded in any commercial aircraft. Mandatory retirement age for pilots at age 65. Both of the above None of the above

Both of the above

Ansel owns Bar-B Ranch. Ansel's only son Cy owns Double-D Ranch in the same county. Ansel, who has pre-dementia, gets very drunk one night at the Rowdy Horse Bar, and writes on a napkin, "Donna, the waitress, gets 90% of the Bar-B, Signed Ansel." Cy sued claiming the gift was ineffective. Based on your analysis: Cy will prevail because the gift was ineffective, lacking the required element of "heir's acquiescence." Cy will lose because the gift is effective, and meets all of the requirements for an effective gift. Cy will prevail because the gift was ineffective, lacking the required element of donative intent. Cy will prevail because the gift was ineffective, lacking the required element of the "donor's acknowledgement."

Cy will prevail because the gift was ineffective, lacking the required element of donative intent.

A promise to deliver a gift is legally considered a constructive delivery. True False

False

Fixtures are not included in a sale of land, unless otherwise specified. True False

False

Patent infringement occurs only if an invention is copied in its entirety. True False

False

During the 1960's, what type of employers were required to implement affirmative action programs? All employers were required to implement affirmative action programs or risk being fined. Federal and state government agencies and private companies contracted to do business with the federal government. All private companies. None of the choices.

Federal and state government agencies and private companies contracted to do business with the federal government.

Under what conditions may the U.S. government take your land? Whenever it pays fair market value for the land For a public purpose, with just compensation and the landowner's consent For a private purpose and with just compensation For a public purpose and with just compensation

For a public purpose and with just compensation

Eve is twenty-five years old, Frank is fifty years old, and both work for Growing Business, Inc., which has thirty employees. Parties protected under the Age Discrimination in Employment Act include: Eve and Frank. Eve only. Frank only. neither Eve nor Frank.

Frank only.