Employment Law
Exam Answer Key
Course Introduction
Employment Law is a comprehensive course that examines the legal framework governing the relationship between employers and employees. It explores key topics such as employment contracts, workplace discrimination, wages and benefits, employee rights, termination procedures, and labor standards. The course also covers evolving issues in workplace law, including health and safety regulations, privacy concerns, and the impact of technological advancements. Students will analyze statutes, case law, and regulatory policies to develop a practical understanding of how employment law shapes the modern workplace and to prepare for real-world legal challenges in human resource management and organizational leadership.
Recommended Textbook
Business Law Text and Cases 14th Edition by
Kenneth W. Clarkson
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Page 2
Chapter 1: Law and Legal Reasoning
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Q1) Administrative law consists of the rules, orders, and decisions of administrative agencies.
A)True
B)False
Answer: True
Q2) The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
A) administrative law.
B) case law.
C) constitutional law.
D) statutory law.
Answer: A
Q3) The common law is a term for the laws that are familiar to most of us.
A)True
B)False
Answer: False
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Page 3
Chapter 2: Courts and Alternative Dispute Resolution
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Sample Questions
Q1) Salina files a suit against Tanner. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not adopt. This is
A) arbitration.
B) mediation.
C) negotiation.
D) not a legitimate form of dispute resolution.
Answer: B
Q2) The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether
A) a trial is being held.
B) the court is appealing.
C) the parties question how the law applies to their dispute.
D) the subject matter of the case involves complex facts.
Answer: A
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Chapter 3: Court Procedures
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Sample Questions
Q1) In most states, if neither party requests a jury, the court presumes the parties waive this right.
A)True
B)False
Answer: True
Q2) Before a trial, the plaintiff can file a motion to dismiss.
A)True
B)False
Answer: True
Q3) Voir dire refers to the seriousness of the controversy in a case.
A)True
B)False
Answer: False
Q4) A motion for summary judgment may be made before, during, or after a trial.
A)True
B)False
Answer: False
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Chapter 4: Business and the Constitution
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Q1) Under the Constitution, the judicial branch is responsible for foreign affairs.
A)True
B)False
Q2) The U.S. Constitution explicitly mentions a general right to privacy.
A)True
B)False
Q3) The First Amendment protects symbolic speech without limitation.
A)True
B)False
Q4) Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of
A) equal protection.
B) free exercise.
C) due process.
D) free speech
Q5) Under the Constitution, the judicial branch makes the laws.
A)True
B)False
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Chapter 5: Business Ethics
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Q1) Sometimes, there is no "good" answer to the ethical questions that arise.
A)True
B)False
Q2) Big Box Retail Stores, Inc. fires its employee Craig for criticizing his manager Daria in posts on social media forums. According to the National Labor Relations Board, this discharge is
A) an ethical issue only.
B) a "gray" area in the law.
C) a violation of federal labor law.
D) protected by the employer's right to curtail "concerted activities."
Q3) Managers must apply the same ethical standards to their employees as they do to themselves.
A)True
B)False
Q4) Ethical reasoning is the process through which an individual links his or her moral convictions or ethical standards to the particular situation at hand.
A)True
B)False
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Chapter 6: Tort Law
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Q1) Failure to live up to a standard of care may be an act or an omission.
A)True
B)False
Q2) Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for
A) trade libel.
B) conversion.
C) fraudulent misrepresentation.
D) no tort.
Q3) A tortfeasor is one who wrongfully alleges that a tort has been committed.
A)True
B)False
Q4) Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks
A) attributable to the tournament in any way.
B) different from the risks normally associated with the tournament.
C) greater than the risks normally associated with the tournament.
D) normally associated with the tournament.
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Chapter 7: Strict Liability and Product Liability
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Q1) Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider
A) consumers' general failure to read the product's warnings.
B) the plaintiff's specific failure to read the product warnings.
C) the obvious risks of other products.
D) the obvious risks of this product.
Q2) In making and marketing home maintenance products, Do-It-Rite Corporation, like other sellers, is required to take precautions with its products against A) any misuse.
B) only foreseeable misuses.
C) no misuse.
D) only obvious misuses.
Q3) To succeed in a product liability suit, an injured plaintiff must show that a product's defect was the proximate cause of the injury.
A)True
B)False
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9
Chapter 8: Intellectual Property Rights
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Sample Questions
Q1) Edge is a video game featuring interactive extreme sports. The graphics used in the game are protected by
A) copyright law.
B) patent law.
C) trademark law.
D) none of the choices.
Q2) From Southeast Asia, Tai Ltd. exports genuine trademarked goods to the United States. Tai also makes labels bearing another firm's trademark, ships the labels to another location, and then affixes them to an inferior product. Tai sells these goods to retailers who are unaware that the marks are counterfeit. It is a crime to
A) import genuine trademarked goods.
B) traffic in counterfeit packaging.
C) sell counterfeit versions of brand-name products in foreign countries.
D) unknowingly buy goods with a counterfeit mark.
Q3) A certification mark distinguishes products approved, or "certified," by the government.
A)True
B)False
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10
Chapter 9: Internet Law, Social Media, and Privacy
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Q1) The manufacture, import, sale, and distribution of devices or services for the circumvention of encryption software is prohibited.
A)True
B)False
Q2) About half of the states have enacted legislation to protect individuals from having to disclose their social media passwords.
A)True
B)False
Q3) Web Marketing Inc. buys and sells domain names with the click of a mouse. A domain name can be bought and sold many times. Each change of owner is registered automatically as part of a mass registration. In this environment
A) cybersquatting can flourish.
B) typosquatting occurs unintentionally through clerical misspellings.
C) brands and trademarks are automatically protected from cybersquatters.
D) the Federal Trade Commission can sanction Web Marketing.
Q4) Online conduct gives rise to only a narrow variety of legal actions.
A)True
B)False
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Chapter 10: Criminal Law and Cyber Crime
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Sample Questions
Q1) Constitutional safeguards to protect the rights of individuals apply in federal courts.
A)True
B)False
Q2) Gilda is accused of conspiracy to defraud. She is given an opportunity to object to the charge before a judge. She is also given the opportunity to confront and cross-examine witnesses and to present her own witnesses. These procedures represent A) a reasonable expectation of privacy.
B) the prohibition against double jeopardy.
C) due process of law.
D) the privilege against self-incrimination.
Q3) Embezzlement can be committed only by physically taking property from the possession of another.
A)True
B)False
Q4) A stolen credit card is more likely to hurt the cardholder than a merchant.
A)True
B)False
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Page 12
Chapter 11: Nature and Terminology
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Q1) An executed contract is one that has been fully performed.
A)True
B)False
Q2) In an express contract, the terms are fully and explicitly stated in words.
A)True
B)False
Q3) A contract that has been fully performed by the parties is an executory contract.
A)True
B)False
Q4) The person who makes a promise is the promisee.
A)True
B)False
Q5) Jan tells Lee she will give him her old car if he babysits her son Mark weekday evenings for six months. Lee agrees. Jan and Lee have formed
A) a bilateral contract.
B) a unilateral contract.
C) a void contract.
D) an unenforceable contract.
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Chapter 12: Agreement in Traditional and E-Contracts
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Sample Questions
Q1) There are no revocable offers.
A)True
B)False
Q2) Contracting parties cannot opt out of the terms of the UETA.
A)True
B)False
Q3) A counteroffer is a rejection of the original offer and the simultaneous making of a new offer.
A)True
B)False
Q4) An essential element for contract formation is agreement.
A)True
B)False
Q5) A forum-selection clause specifies that any contract dispute will be settled in a particular jurisdiction.
A)True
B)False
Q6) Most ads-"this property for sale"-are offers.
A)True
B)False
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Chapter 13: Consideration
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Q1) Under the doctrine of promissory estoppel, a promise will not be enforced unless it is supported by consideration.
A)True
B)False
Q2) Refer to Fact Pattern 13-2. "Adequacy" of consideration refers to
A) "how much" consideration is given.
B) legally sufficient value in the eyes of the law.
C) the intangible value to a contracting party of a thing exchanged.
D) the substantiality of the consideration exchanged.
Q3) Refer to Fact Pattern 13-4. If Teatro offers no reason for the extra $250,000, but says only that it will stop work if it is not paid, the agreement is
A) enforceable as the consideration is past.
B) enforceable because of unforeseen difficulties.
C) unenforceable as an illusory promise.
D) unenforceable due to the preexisting duty rule.
Q4) A transaction that lacks a bargained-for exchange lacks an element of consideration.
A)True
B)False
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Chapter 14: Capacity and Legality
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Sample Questions
Q1) Orin signs a covenant not to compete with his employer, Product Distribution, Inc. The covenant will be enforced if it
A) does not require either party to obtain a business license.
B) is reasonable with respect to geographic area and duration.
C) relieves the employer from liability for any injury to Orin.
D) none of the choices.
Q2) If an illegal contract is executory, either party can always enforce it.
A)True
B)False
Q3) A bargain is unconscionable if it is grossly unfair.
A)True
B)False
Q4) Holly, a real estate broker licensed only in Iowa, concludes a sale of farmland in Illinois. Holly can
A) collect the commission if it has not been paid.
B) keep the commission if it has already been paid.
C) foreclose on the property to obtain any unpaid amount.
D) none of the choices.
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16
Chapter 15: Mistakes, Fraud, and Voluntary Consent
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Sample Questions
Q1) Duress is a possible ground for rescission of a contract.
A)True
B)False
Q2) Scienter clearly exists if a party knows a fact is not as stated.
A)True
B)False
Q3) Misrepresentation cannot occur by silence.
A)True
B)False
Q4) Reformation occurs when a court alters the terms of a contract to reflect the true intent of the parties.
A)True
B)False
Q5) Misrepresentation of law ordinarily entitles a party to relief from a contract.
A)True
B)False
Q6) Intent to deceive is an element of fraud.
A)True
B)False
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Chapter 16: The Writing Requirement in Our Digital World
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Sample Questions
Q1) Eleanor offers Flossy the amount of an investment in Flossy's start-up business venture if she marries Eleanor's son Glen. This promise is enforceable
A) only if it is in writing.
B) only if the amount of the investment is more than $500.
C) only if Glen agrees to marry Flossy.
D) under no circumstances.
Q2) A contract involving interests in property of any kind must be in writing to be enforceable.
A)True
B)False
Q3) In a transaction for the sale of an auto painting facility, Bright Auto Colors Company tells Custom Cars Corporation that the paints and other supplies onsite are included. The contract says nothing about the supplies onsite, but does state, "This document supersedes all oral promises relating to the sale." Are the supplies part of the sale? Why or why not?
Q4) In some states, an otherwise unenforceable oral contract may be enforced under the doctrine of promissory estoppel.
A)True
B)False
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Chapter 17: Third Party Rights
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Sample Questions
Q1) Phillip assigns his rights under a contract with Maria to his college roommate, Owen. Neither Phillip nor Owen notifies Maria of the assignment. The assignment
A) will not be effective until notice is given to Maria.
B) will become effective after thirty days even if no notice is given to Maria.
C) is immediately effective.
D) can be circumvented.
Q2) Retail Outlets, Inc., contracts with Smooth Paving Inc. to grade and pave a parking lot. Smooth assigns the contract to Tough Road Company, which has a poor record of completing projects. Retail could most successfully argue that the contract cannot be assigned because
A) Retail did not consent to the assignment.
B) Retail did not receive adequate consideration for the assignment.
C) the assignment will materially increase the risk of nonperformance.
D) Tough Road was not an original party to the deal.
Q3) In an assignment, the party assigning the rights to a third party is the assignee.
A)True
B)False
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Page 19
Chapter 18: Performance and Discharge
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Q1) Leah and Mason are parties to a contract for the sale of Mason's day care facility to Leah. Before the deal closes, they agree to substitute Nell for Leah as a party to the deal. This novation does not require
A) the existence of a previous, valid obligation.
B) the agreement by all of the parties to the new contract.
C) performance of the original contract by all of the parties.
D) a new, valid contract.
Q2) Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be A) absolute. B) complete.
C) material.
D) substantial.
Q3) A material breach occurs when performance is substantial, but not complete. A)True B)False
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Chapter 19: Breach of Contract and Remedies
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Q1) A contract may include a clause stating that damages will be limited to a maximum amount.
A)True
B)False
Q2) Consequential damages are awarded for damage caused by special circumstances beyond a contract itself.
A)True
B)False
Q3) Tile & Grout (T&G) contracts to resurface the insides of the pools at Water Park. T&G knows that without the resurfacing, Water Park will have to delay its seasonal opening. T&G does not perform as promised. As consequential damages, Water Park can recover A) the cost of new pools.
B) the difference between T&G's price and the eventual cost of resurfacing.
C) the loss of profit from the delayed opening.
D) nothing.
Q4) Ordinarily, the remedy for a seller's breach of a contract for a sale of real estate is damages.
A)True
B)False
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Chapter 20: The Formation of Sales and Lease Contracts
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Q1) Under the UCC, good faith means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
A)True
B)False
Q2) Refined Metals Company and Superior Fabrication, Inc., enter into a contract under which Refined agrees to deliver a certain quantity of sheet metal to Superior each month. The contract does not include a price term. In a suit between the parties over the price, a court will
A) determine a reasonable price.
B) impose the lowest market price.
C) impose the highest market price.
D) return the parties to the positions they held before the contract.
Q3) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the uniform international sales law of countries that account for more than two-thirds of all global trade.
A)True
B)False
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22
Chapter 21: Title, Risk, and Insurable Interest
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Q1) Jason contracts with Golf Carts Unlimited, Inc. to buy five golf carts. The contract lists the five carts as GC001, GC002, GC003, GC004, GC005. Identification
A) will take place only when Jason pays for the golf carts.
B) requires that Jason verify his identity to take possession of the carts.
C) cannot take place until the contract is reviewed by a court. D) has taken place.
Q2) ReQwest LLC agrees to sell one hundred servers to Social Media Networks, Inc. The servers, which Social Media Networks expressly requires to have certain amounts of memory, are to be shipped "F.O.B. Social Media Networks distribution center in Tampa, FL." When the servers arrive, Social Media Networks rejects them and informs ReQwest, claiming that the servers do not conform to Social Media Networks' memory requirement. A few hours later, the servers are destroyed in a fire at Social Media Networks' distribution center. Will ReQwest succeed in a suit against Social Media Networks for the cost of the goods?
Q3) Under the UCC, the risk of loss necessarily passes with title.
A)True B)False
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Chapter 22: Performance and Breach of Sales and Lease Contracts
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Q1) If either the goods or their tender fails to conform to the contract in any respect, the buyer or lessee must reject all of the goods.
A)True
B)False
Q2) Medical Supply Company and Health Care, Inc., enter into a contract for a sale of medical equipment and supplies. Under either a shipment contract or a destination contract, the seller must
A) allow the buyer to reject the goods for any reason.
B) deliver the goods to a particular destination.
C) place the goods into the hands of a carrier.
D) give the buyer any necessary documents of title.
Q3) Game Source Stores are open to consumers. The UCC requirement of good faith imposes
A) a higher duty on consumers than Game Source.
B) a higher duty on Game Source than on consumers.
C) no duty on either Game Source or consumers.
D) the same duty on Game Source and consumers.
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Page 24
Chapter 23: Warranties
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Q1) Clark purchases a new car from Dicey's Deals. The retail installment contract states immediately above the buyer's signature in large, bold type: "There are no warranties that extend beyond the description on the face hereof" and "There are no express warranties that accompany this sale unless expressly written in this contract." Before purchasing the car, Clark specifically informed Dicey's salesperson that he wanted a car that could be driven in a dusty area without needing mechanical repairs. Dicey's salesperson said to Clark, "Nothing will go wrong with this car, but if it does, return it to us, and we will repair it without cost to you." Neither this statement nor any similar statement appears in the retail sales contract. Clark drives the car into a dust storm. The air filter gets plugged up, and the car engine overheats, causing motor damage. Dicey's refuses to repair the engine under any warranty. Clark claims that Dicey's is liable for breach of the implied warranty of fitness for a particular purpose, that the Magnuson-Moss Warranty Act prohibits disclaiming this implied warranty, and that the salesperson's express warranty has also been breached. What are the problems with Clark's claims?
Q2) General descriptions take precedence over inconsistent samples.
A)True
B)False
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Page 25
Chapter 24: International and Space Law
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Q1) Minerals Mining Company, a U.S. firm, owns property in Bolivia. The government of Bolivia seizes the property for an illegal purpose without paying just compensation. This is
A) confiscation.
B) defalcation.
C) dumping.
D) expropriation.
Q2) World Sports Corporation is a U.S. firm with a facility in Spain. Generally, World Sports must abide by U.S. anti-discrimination laws in Spain
A) under any circumstances.
B) under no circumstances.
C) unless to do so would contravene the cultural norms of Spain.
D) unless to do so would violate the law of Spain.
Q3) U.S. laws that prohibit discrimination in employment apply to U.S. employees working for U.S. firms located abroad.
A)True
B)False
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26
Chapter 25: Negotiable Instruments
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Q1) Refer to Fact Pattern 25-1. With respect to Erin's check, Foodland is A) the drawee.
B) the drawer.
C) the maker.
D) the payee.
Q2) Eden signs a promissory note payable to the order of First Mortgage Company. The note states that it is payable "with interest at the legal rate." This note is A) negotiable.
B) nonnegotiable, because it does not specify a rate of interest.
C) nonnegotiable, because it is payable with interest.
D) nonnegotiable, because the exact amount payable cannot be determined from the face of the instrument.
Q3) Jane signs an instrument using a "J" with a swirl around it. With this mark for a signature, the instrument is A) negotiable.
B) not negotiable, because an initial is not state the signer's name.
C) not negotiable, because an initial is not a signature.
D) not negotiable, because an initial is not an indication of serious intent.
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Chapter 26: Transferability and Holder in Due Course
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Q1) Kris transfers a note, on which Liu is the maker, to Mia, who takes it for value and in good faith. Mia knows that Kris breached the contract underlying the note, giving Liu a defense against payment. With respect to this note, Mia is
A) a knowledgeable holder in due course.
B) an ordinary holder.
C) an ordinary holder in due course.
D) an ordinary note taker.
Q2) A holder does not take an instrument for value if he or she gives a negotiable instrument as payment.
A)True
B)False
Q3) Gwen signs a check payable to Hart and gives it to him. Hart indorses the back, and transfers the check to Ingrid. To negotiate the check to Jaime, Ingrid must
A) write "Ingrid" on the back.
B) write "pay to the order of Jaime [signed] Ingrid" on the back.
C) deliver the check to Jaime.
D) obtain Jaime's signature on the back.
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Chapter 27: Liability, Defenses, and Discharge
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Q1) Darby writes a check to Education Loan Management, Inc., that is drawn on Darby's account at Federal Bank. If the bank does not accept the check, liability for its amount is on
A) Darby.
B) Education Loan Management.
C) Federal Bank.
D) no one.
Q2) Jen is the maker of a note, on which Bart is secondarily liable. Credit Instruments Company (CIC) is the current holder of the note. Bart will be obligated to pay the note if
A) Jen defaults on the note.
B) CIC breaches a transfer warranty.
C) CIC negotiates the note to Delta Collection Agency, a third party.
D) CIC presents the note for payment.
Q3) Failure to present an instrument on time is improper presentment.
A)True
B)False
Q4) A drawer's liability does not arise without notice of dishonor.
A)True
B)False
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Chapter 28: Banking in the Digital Age
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Q1) Brandy forges Caleb's signature on a check "payable to the order of Brandy" drawn on Caleb's account in Downtown Bank. Caleb's forged signature is
A) effective if an innocent third party accepts the check.
B) effective to the degree that it matches Caleb's genuine signature.
C) effective to the extent that Downtown Bank debits Caleb's account. D) not effective.
Q2) Daisy signs a check "pay to the order of Ewan" drawn on Daisy's account in Finance Bank. Graham forges Ewan's indorsement. Finance Bank pays the check. Most likely
A) Ewan will have to pay Daisy for the amount.
B) the Federal Reserve will reimburse all parties for their costs.
C) Finance Bank will have to recredit Daisy's account.
D) Daisy will be liable for the amount.
Q3) The incompetence of a customer revokes a bank's authority to pay an item.
A)True
B)False
Q4) E-money replaces physical cash with virtual cash.
A)True
B)False
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Page 30
Chapter 29: Creditors Rights and Remedies
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Q1) Rashi is a student at State University. In need of funds to pay for tuition and books, Rashi asks Tiempo Loans, Inc., for a short-term loan. The lender agrees to make a loan if Rashi will have someone who is financially responsible guarantee the loan payments. Umberto, a well-known businessperson and a friend of Rashi's family, calls Tiempo and agrees to pay the loan if Rashi cannot. Because of Umberto's reputation, the loan is made. Rashi is making the payments, but because of illness he is unable to work for one month. He asks Tiempo to extend the loan for three months. The lender agrees, raising the interest rate for the extended period. Umberto is not notified of the extension (and thus does not consent to it). One month later, Rashi drops out of school. All attempts to collect the remainder of the loan from Rashi fail. Can Tiempo assert a claim against Umberto on the debt?
Q2) A creditor must exhaust all legal remedies against the principal debtor before holding a surety responsible for payment.
A)True
B)False
Q3) A guarantor is secondarily liable on an obligation.
A)True
B)False
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Chapter 30: Secured Transactions
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Q1) Kyla holds a security interest in inventory owned by Luc. Kyla protects her claim to the inventory in the event of Luc's default by A) assignment.
B) perfection.
C) redemption.
D) retention.
Q2) The payment of Mo's debt to Neil is guaranteed by Mo's personal property. This is governed by
A) the Uniform Commercial Code.
B) the Federal Trade Commission.
C) the U.S. Constitution's commerce clause.
D) the Bankruptcy Reform Act of 2005.
Q3) Proceeds from the disposition of collateral after default are distributed in a certain order with any surplus generally going to the creditor.
A)True
B)False
Q4) A security agreement does not need to contain a description of the collateral.
A)True
B)False
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Chapter 31: Bankruptcy Law
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Q1) Harold files a bankruptcy petition. The resulting automatic stay will apply to Harold's payments for
A) alimony.
B) child support.
C) none of the choices.
D) a car.
Q2) One goal of bankruptcy law is to ensure equitable treatment of creditors who are competing for a debtor's assets.
A)True
B)False
Q3) A farmer cannot be forced into involuntary bankruptcy.
A)True
B)False
Q4) Rulings from bankruptcy courts are final-they cannot be appealed.
A)True
B)False
Q5) A student loan is discharged underChapter 13 unless the creditor can show "undue hardship."
A)True
B)False
Page 33
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Chapter 32: Agency Formation and Duties
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Q1) Ingmar asks Jessie to contract with Jessie's high school classmates to babysit Ingmar's new baby. Jessie orally agrees to do so. This is
A) an agency by agreement.
B) an agency by estoppel.
C) an agency by ratification.
D) not an agency relationship.
Q2) Roberta introduces Steve to her friends as "my associate." Steve purports to act as Roberta's agent in several business transactions with those friends. If Roberta is liable for Steve's actions, it will be because their relationship is
A) an agency by agreement.
B) an agency by estoppel.
C) an agency by operation of law.
D) not an agency relationship.
Q3) Refer to Fact Pattern 32-1. With respect to third parties, Nadine is Pumps's A) employee, agent, and independent contractor.
B) employee and agent.
C) employee but not agent.
D) independent contractor.
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Chapter 33: Agency Liability and Termination
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Q1) Mikayla, an agent for Nahir, enters into a contract on Nahir's behalf with Onora that must be in writing to be enforceable under the Statute of Frauds. Mikayla's authority to enter into this contract is not in writing. Under the equal dignity rule, this contract is
A) enforceable.
B) void.
C) voidable at Nahir's option.
D) voidable at Onora's option.
Q2) A partially disclosed principal is only partially liable to a third party for a contract made by an agent.
A)True
B)False
Q3) Based on Esteban's conduct, Floyd reasonably believes that Glynis has the authority to act on Esteban's behalf even though Glynis does not have the actual authority to do so. Floyd makes a payment to Glynis for Esteban. Glynis keeps the money and disappears. Esteban
A) can demand that Floyd make a repayment directly to Esteban.
B) can obtain damages from Floyd for Glynis's misconduct.
C) may be estopped from denying that Glynis had authority.
D) must repudiate Glynis's misconduct to avoid liability.
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Page 35
Chapter 34: Employment, Immigration, and Labor Law
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Q1) Cloud Computing & Processing Corporation wants to hire Dhani, a noncitizen with special qualifications. To hire Dhani, Cloud Computing must petition
A) the U.S. Department of Labor.
B) the Social Security Administration.
C) U.S. Immigration and Customs Enforcement.
D) the National Labor Relations Board.
Q2) Service Employees International Union represents the employees of Therapy Rehabilitation Corporation. Potential subjects of collective bargaining between the union and the corporation do not include
A) hiring more workers than necessary to do a certain project.
B) employee wages.
C) employment benefits.
D) working conditions.
Q3) Employees of private employers have some privacy protection under tort law and state constitutions.
A)True
B)False
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Chapter 35: Employment Discrimination
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Q1) Title VII of the Civil Rights Act prohibits job discrimination on the basis of national origin.
A)True
B)False
Q2) Nell, a member of a protected class, applies for a job with Origami Paper Corporation, but fails the company's employment test and is not hired. Nell believes that the test has an unintentionally discriminatory effect. If so, this is
A) a constructive discharge.
B) disparate-impact discrimination.
C) disparate-treatment discrimination.
D) not discrimination.
Q3) Cady files an employment discrimination suit against Durable Goods Corporation under the Civil Rights Act. If Cady shows that Durable Goods acted with malice or reckless indifference, she may recover
A) an unlimited amount of compensatory and punitive damages.
B) a limited amount of compensatory and punitive damages.
C) compensatory, but not, punitive damages.
D) punitive, but no compensatory, damages.
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Chapter 36: Small Businesses and Franchises
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Q1) Soup Factory, Inc., uses a Web site to provide downloadable information to prospective franchisees. This electronic information is the equivalent of an offer that must comply with A) no law.
B) federal antitrust laws.
C) the Federal Trade Commission's Franchise Rule.
D) the Petroleum Marketing Practices Act.
Q2) The federal government regulates franchising in part through the Franchise Rule.
A)True
B)False
Q3) Typically, the franchisee determines the territory to be served by the franchise.
A)True
B)False
Q4) The duration of a franchise is determined by federal or state statutes.
A)True
B)False
Q5) A sole proprietor does not own the entire business. A)True
B)False
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Chapter 37: All Forms of Partnerships
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Q1) Limits on a partner's authority normally are effective only with respect to third parties who are notified of the limitation.
A)True
B)False
Q2) Craig, Donna, and Eve do business as Fast-Track Career Consultants. Eve's relationship to Fast-Track ends, but the firm continues to do business. This is
A) dissociation.
B) dissolution.
C) most likely illegal.
D) unethical.
Q3) A majority of the states treat a partnership as an entity for most purposes.
A)True
B)False
Q4) Brad and Carol are partners in Doctors for Children, a medical clinic. Brad's dissociation from the firm results in
A) the automatic termination of the firm's legal existence.
B) the partnership's buyout of Brad's interest in the firm.
C) the immediate maturity of all partnership debts.
D) the temporary suspension of the partnership's business.
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Chapter 38: Limited Liability Companies and Special Business Forms
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Q1) Global Shipping Corporation and Harbor Warehouse Company transfer their property to Investment Managers, Inc., which manages the property and distributes the profits to the beneficiaries. This form of business organization is
A) a business trust.
B) a joint stock company.
C) a joint venture.
D) a syndicate.
Q2) Limited liability company operating agreements can provide whether formal members' meetings will be held.
A)True
B)False
Q3) When a limited liability company is dissolved, any member, including those who wrongfully dissociated, may participate in the winding up process.
A)True
B)False
Q4) Limited liability companies (LLCs) are governed by federal LLC statutes.
A)True
B)False
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Chapter 39: Corporate Formation and Financing
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Q1) The true ownership of a corporation is represented by common stock.
A)True
B)False
Q2) Pro Audio, Inc., would like to change its corporate status to that of an S corporation.
To qualify, Pro Audio must
A) be a domestic corporation.
B) have more than one hundred shareholders.
C) be a benefit corporation.
D) all of the choices.
Q3) The corporation is a creature of statute.
A)True
B)False
Q4) Dollars & Sense, Inc., is incorporated in the state of New Jersey and is doing business in the state of New York. In New York, Dollars & Sense is properly referred to as A) a domestic corporation.
B) a foreign corporation.
C) an alien corporation.
D) a public corporation.
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Chapter 40: Corporate Directors, Officers, and Shareholders
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Q1) Ben is a shareholder of Commerce & Trade Inc. As a shareholder, Ben does not have A) a right to compensation.
B) dividend rights.
C) inspection rights.
D) preemptive rights.
Q2) Corporate directors and officers are insurers of business success.
A)True
B)False
Q3) Nelson is Organic Coffee Company's majority shareholder. Nelson decides to sell his Organic Coffee stock. The sale will be an effective transfer of the control of the company. Does Nelson owe a duty to Organic Coffee or its minority shareholders in this situation?
Q4) When the corporation is harmed by the actions of a third party, the directors can bring a lawsuit in the name of the corporation against that party.
A)True
B)False
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Chapter 41: Mergers and Takeovers
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Q1) OnSite Business Inc. can be compelled to dissolve by A) any of the choices.
B) its competitors.
C) dissatisfied clients and customers.
D) a court order.
Q2) Doris wants to form a new firm-eBeats-to market a new app. Fees are required to form all of the following business organizations except
A) a sole proprietorship.
B) a corporation.
C) a limited partnership.
D) a limited liability company.
Q3) Refer to Fact Pattern 41-1. Grandview owed money to Innovative Décor, Inc., and other creditors. After the merger, Hilltop must pay
A) all of Grandview's debts.
B) half of Grandview's debts.
C) none of Grandview's debts unless there is a formal transfer of liability.
D) only debts that Grandview incurred after a merger was proposed.
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43
Chapter 42: Investor Protection, Insider Trading, and Corporate Governance
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Q1) Household Products Corporation wants to make an offering of securities to the public. The offering is not exempt from registration under the Securities Act of 1933. Before the firm sells its securities, it must provide investors with A) a forward-looking financial forecast.
B) an investment contract.
C) a prospectus.
D) samples of its products.
Q2) Spectrum Paints Inc. is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, the firm is subject to the direct corporate governance requirements of
A) any other public company with which the firm exchanges shares.
B) any state in which the firm does business.
C) the federal government.
D) the state in which the firm incorporated.
Q3) The Securities and Exchange Commission has implemented no new regulations since the Securities Exchange Act.
A)True
B)False
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Chapter 43: Administrative Agencies
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Q1) Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that
A) attorneys are not allowed to attend administrative hearings.
B) clients are not allowed to communicate with their attorneys during administrative hearings.
C) hearsay can be introduced as evidence in an administrative hearing.
D) the burden of proof is on the charged party to prove innocence.
Q2) The Nuclear Regulatory Commission (NRC) files a complaint against Energy Plant Corporation. The firm may want to settle the dispute, before formal adjudicatory proceedings begin, to avoid
A) appearing uncooperative.
B) eliminating the need for additional proceedings.
C) rectifying the problem to the NRC's satisfaction.
D) saving the expense of formal proceedings and later appeals.
Q3) A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.
A)True
B)False
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Page 45
Chapter 44: Consumer Law
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Q1) A credit-card company may increase the interest rate on a customer's credit-card balance at any time.
A)True
B)False
Q2) Greg signs an installment contract with Home Appliance Store to finance the purchase of new kitchen appliances. This transaction is subject to
A) no federal law.
B) the Fair Credit Reporting Act.
C) the Telecommunications Act.
D) the Truth-in-Lending Act.
Q3) Manufacturers are required to report on any products intended for sale if the products have proved to be hazardous.
A)True
B)False
Q4) Food products are required to bear labels detailing the nutritional content. A)True
B)False
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Chapter 45: Environmental Protection
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Q1) Many point sources emitting pollutants into water do not need a permit.
A)True
B)False
Q2) Gil begins to operate a hog farm next to Ilene's vineyard. She files a suit, alleging that the farm is a source of pollution, a nuisance, and unreasonably interferes with the enjoyment of her property. The court is most likely to award damages
A) if letting the pollution continue is equally as harmful as stopping it.
B) if letting the pollution continue is less harmful than stopping it.
C) if letting the pollution continue is more harmful than stopping it.
D) under no circumstances.
Q3) Blue Water Power Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Blue must install certain equipment
A) with all deliberate speed after beginning operations.
B) before beginning operations.
C) only on a voluntary basis.
D) only if a regulatory agency challenges the discharge.
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Chapter 46: Antitrust Law
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Q1) Pump Makers Inc. makes pumps for fire trucks and conditions shipments of its products to Quality Motors Corporation-a maker of fire trucks-on Quality's agreement to buy additional pumps only from Pump Makers. This is
A) an exclusive-dealing contract.
B) a tying arrangement.
C) price discrimination.
D) a group boycott.
Q2) Soft Drink Corporation is charged with violating the Sherman Act through conduct subject to the rule of reason. When applying the rule of reason in this situation, a court will not consider
A) the purpose of the agreement.
B) the parties' market ability to implement the agreement.
C) the effect of the agreement on international trade.
D) the potential effect of the agreement on competition.
Q3) A market division by class of customer between rival firms does not violate antitrust law.
A)True
B)False
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Chapter 47: Professional Liability and Accountability
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Q1) Beck is an accountant who prepares her clients' tax returns. Cole is not an accountant, but he also prepares tax returns for clients. Under the Internal Revenue Code, liability for preparing a false return may be imposed on
A) Beck and Cole.
B) Beck only.
C) Cole only.
D) none of the choices.
Q2) Refer to Fact Pattern 47-1. Nelson is
A) liable for breach of contract.
B) not liable, because Nelson is a professional.
C) not liable, because Nelson's failure must have been OPI's fault.
D) not liable, because the work took longer than foreseen.
Q3) Accountants must surrender possession of working papers relating to an audit or review to the party for whom the work was performed.
A)True
B)False
Q4) A professional can not be held liable for constructive fraud.
A)True
B)False
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Chapter 48: Personal Property and Bailments
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Q1) Marcy owns land in North Dakota under which deposits of oil shale are discovered. Marcy sells the rights to the shale to Oil Mining Inc. Once the oil in the rock is removed, it will be considered
A) personal property.
B) real property.
C) intangible property.
D) none of the choices.
Q2) Manufacturers acquire ownership of their work through production.
A)True
B)False
Q3) Businesses often pay taxes on the personal property they own, use, or lease.
A)True
B)False
Q4) Constructive delivery confers the right to take possession of an object.
A)True
B)False
Q5) If the bailed property has been lost, a court will presume that the bailee was negligent.
A)True
B)False
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Chapter 49: Real Property and Landlord-Tenant Law
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Q1) Bob owns a beach house in California. His ownership is considered fee simple absolute. Bob's interest
A) is potentially infinite in duration.
B) will end with his death.
C) will last for fifty years.
D) will last for seventy-five years.
Q2) Most states' laws require tenants to continue to pay rent even if the leased premises are destroyed.
A)True
B)False
Q3) 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 livestock. The real property is owned by
A) Chita and Elvin.
B) Chita only.
C) Downwind Farm.
D) Elvin only.
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Chapter 50: Insurance
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Q1) Portia is the beneficiary of a life insurance policy on Quentin's life obtained from Renewal Insurance Company through Stan, an insurance broker. The insured of this policy is
A) Portia.
B) Quentin.
C) Renewal.
D) Stan.
Q2) An applicant for an insurance policy is called an underwriter.
A)True
B)False
Q3) Any loss sustained before the effective date of an insurance policy will not be covered.
A)True
B)False
Q4) Vanessa obtains a life insurance policy with no cash surrender value and names her son Winthorp as the beneficiary. This is
A) whole life insurance.
B) limited-payment life insurance.
C) universal life insurance.
D) term insurance.
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Chapter 51: Wills and Trusts
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Q1) A will can be partially revoked.
A)True
B)False
Q2) Rose makes out a will in which Steve is appointed to administer the will. After Rose dies, Steve cannot administer the will, and a court appoints Terry to handle the probate of the estate. In this situation, the executor is
A) Ross.
B) Steve.
C) Terry.
D) the court.
Q3) In most states, a person must be twenty-one years of age to execute a valid will.
A)True
B)False
Q4) A valid will is one that represents the maker's intention to transfer and distribute his or her property.
A)True
B)False
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Chapter 52: The Legal Environment of Business
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Q1) Cell Service Corporation pads all of its customers' bills with an unexpected fee, adding up to millions in profit for Cell at a small expense for each individual customer. In this situation, the customers could most affordably fight this charge by
A) bringing individual lawsuits.
B) engaging in individual arbitration.
C) filing a class action.
D) taking their case to the state legislature.
Q2) Salma wishes to file a suit in a Texas state court against Ubi. Texas allows for service of process via social media if Salma can authenticate Ubi's social media account. Allowing service of process only by means of social media raises a question whether that service comports with A) due process.
B) the Federal Rules of Civil Procedure.
C) the freedom to contract.
D) the rules of evidence.
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Chapter 53: Torts and Crimes
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Q1) Jody and Kyle take photos of themselves in intimate moments. When their relationship ends, Kyle posts the photos online without Jody's consent in an attempt to humiliate her. Included with the photos are Jody's name, Facebook page, address, workplace, and phone number. This could be a ground for a civil suit on the basis of A) defamation.
B) false imprisonment.
C) invasion of privacy.
D) no traditional tort theory.
Q2) Hackers infiltrate the computer system of ChemCo Inc. and steal the company's trade secrets. If the hackers can be identified, they can be A) charged with unauthorized access of protected computers.
B) subject to civil sanctions, but no criminal penalties.
C) subject to a suit by the Federal Trade Commission.
D) included on a "watch list" but no other sanctions are currently possible.
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Chapter 54: Contracts and E-Contracts
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Q1) Linda enters into a contract for a credit card sponsored by Max'dOut Inc. The sponsor provides the contract, which contains an arbitration clause. This clause requires that any dispute must be submitted to private arbitration and prohibits class-action litigation. Under new rules sought by the Consumer Financial Protection Bureau, such clauses would be
A) prohibited.
B) favored in contracts for credit cards and other financial products.
C) favored in all consumer contracts.
D) favored for all disputes involving relatively small sums.
Q2) International Fantasy Sports League involves Olympic games in which the participants compile imaginary teams consisting of real athletes. The League offers free entry for its participants. In most states, these games would not be considered gambling because they lack the element of A) consideration.
B) reward.
C) chance.
D) excitement.
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Page 56
Chapter 55: Domestic and International Sales and Lease Contracts
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Q1) Fleet Feet, an online travel company, buys blocks of rooms from Grande Hotel, a hotel in Harbor City, at a wholesale rate. Fleet Feet resells the rooms to consumers at a retail rate. One recent effort by cities to collect taxes from e-commerce has focused on
A) hotels that sell blocks of rooms at wholesale rates.
B) non-resident consumers who reserve rooms in in-state hotels.
C) online travel companies.
D) the dire financial straits of the cities during the latest recession.
Q2) The label on Cameron Ltd.'s beer reads, "British quality" and, beneath that phrase in small print, "Product of the U.S.A." Dave and other consumers file a class action against the brewer over the fact that its beer is not brewed in Great Britain. The plaintiffs' best ground for a possible recovery is most likely
A) misleading advertising.
B) unethical labeling practices.
C) inconsistent puffery.
D) inferior taste.
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Page 57
Chapter 56: Negotiable Instruments
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Q1) Transactions in virtual currency do not require financial institutions, and can be conducted anonymously. With these features of virtual currency in mind, the most ethical action a user can take is to
A) protect himself or herself.
B) avoid the use of virtual currency entirely.
C) use virtual currency exclusively.
D) take advantage of those who are not aware of how virtual currency is used.
Q2) A digital invoice is
A) an electronic version of a paper bill that can be paid online.
B) an online view of a paper bill that cannot be paid online.
C) a statement for a subscription service that makes B2B payments.
D) a supplemental record of a transaction payment.
Q3) Mobile payment and digital wallet services include Apple Pay, Google Wallet, and Samsung Pay. The ultimate goal of these payment systems is to
A) link from a digital wallet to another app within a single phone.
B) entail more security risks than carrying a physical wallet.
C) communicate wirelessly with point-of-sale systems.
D) work with existing magnetic-strip credit-card machines.
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Chapter 57: Creditors Rights and Bankruptcy
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Q1) Robert borrows $15,000 from State College to help pay for his education. He signs a note payable to the school for the amount of the loan plus interest. Robert defaults, and the school transfers the note to a collection agency. This means that
A) additional costs to collect payment can be added to the unpaid principal.
B) additional requirements can be imposed on the borrower to graduate.
C) none of the choices.
D) Robert may have to accept a job offer from a select list of employers.
Q2) Deb defaults on her debt to EZ Credit Company. The lender obtains a judgment against Deb, who quickly moves to another state. The judgment is domesticated in Deb's new location. If the lifespan of the judgment lapses before it can be collected, the domestication
A) also lapses.
B) may be subject to garnishment.
C) can be renewed.
D) must be frozen.
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Chapter 58: Agency and Employment
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Source URL: https://quizplus.com/quiz/22620
Sample Questions
Q1) Rob, a taxi driver for Swift Cab Company, and other cabdrivers file a suit in a Texas state court against Uber, alleging unfair competition. If the result in this suit is like the result in similar suits, the court will most likely rule in favor of A) Rob.
B) Swift Cab.
C) the state of Texas.
D) Uber.
Q2) Machine Making Corporation requires its employees to punch out when they leave their workstations for personal breaks and punch in when they return. Under the Fair Labor Standards Act, Machine
A) must compensate its employees during their breaks.
B) need not compensate its employees during their breaks.
C) must record the breaks for review by the U.S. Department of Labor.
D) must record and report the breaks to the U.S. Department of Labor.
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Chapter 59: Business Organizations
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Source URL: https://quizplus.com/quiz/22621
Sample Questions
Q1) Beth starts Checklist to market a new app. Valley Credit Union loans $30,000 to Beth for the project. Later, the debt is most likely to be discharged in bankruptcy
A) if Beth provides a complete, accurate record of business transactions.
B) if the loan is not subject to an agreement that imposes personal liability.
C) if Beth's business is a sole proprietorship.
D) under no circumstances.
Q2) Price-Lo Inc., a discount retailer, was established, and is based, in the United States. Charged by the United States with violating the Foreign Corrupt Practices Act by bribing foreign government officials for favorable contracts, Price-Lo
A) may be subject to charges in other countries but not for the same acts.
B) may be subject to similar charges for the same acts in other countries.
C) will not be subject to similar charges in other countries because only the United States fines corporations for such acts.
D) will not be subject to similar charges in other countries because the firm is a U.S. company alleged to have violated U.S. law.
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Chapter 60: Government Regulation
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Sample Questions
Q1) The European Union has charged Google Inc. with an antitrust violation-promoting its comparison-shopping service at the expense of its competitors. Google's best defense against this charge is that
A) "Google" has become a verb synonymous with conducting a search.
B) search engines have proliferated on the Web.
C) Google is abusing its dominant position.
D) Google prominently displays its service in its general search results.
Q2) Advertising generally is required to be accompanied by certain disclosures. According to Federal Trade Commission guidelines, disclosures accompanying native ads should
A) not be where consumers will notice them.
B) not be above or before the native ad.
C) not be as close as possible to where consumers look first.
D) stand out.
Q3) To reduce the emission of greenhouse gases, power companies are required to save specified amounts of energy by
A) all of the states.
B) less than half of the states.
C) more than half of the states.
D) none of the states.
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Chapter 61: Property and Its Protection
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Source URL: https://quizplus.com/quiz/22623
Sample Questions
Q1) Liz starts Modern Roofing, which becomes successful through her efforts. Meanwhile, she marries Nick. To ensure that her business will not break up if her marriage falls apart, Liz should
A) avoid involving Nick in the business.
B) employ Nick in the business in a minor capacity.
C) appoint Nick to be the business's chief executive officer.
D) hire Nick to work for the business on a per-project basis
Q2) Kim and Larry own Moe's, a successful restaurant. Kim, who is married, asks Larry, her unmarried partner, to convert Moe's to a limited liability company and agree that each has the right to buy the other's interest to keep control of the business. In terms of Kim's spouse and Larry's future spouse, this agreement is
A) illegal and unethical.
B) illegal, but not unethical.
C) legal, but unethical.
D) legal and ethical.
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