Employment Law
Exam Answer Key
Course Introduction
Employment Law examines the legal framework governing the relationship between employers and employees. The course covers critical topics such as employment contracts, workplace rights and obligations, anti-discrimination laws, wage and hour regulations, workplace safety, wrongful termination, and the procedures for resolving labor disputes. Students will analyze statutes, regulations, and key case law to understand how legal principles are applied in real-world workplace scenarios. The course also explores contemporary issues such as gig economy employment, workplace privacy, and emerging trends in labor relations. By the end, students will develop the ability to identify and address employment law issues faced by organizations and employees.
Recommended Textbook
Business Law 8th Edition by Henry R. Cheeseman
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54 Chapters
4442 Verified Questions
4442 Flashcards
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Page 2
Chapter 1: Legal Heritage and the Digital Age
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80 Verified Questions
80 Flashcards
Source URL: https://quizplus.com/quiz/11026
Sample Questions
Q1) What was the key factor in the development of the English common law?
A)the development of forensic science in helping decide cases
B)the supremacy of the king and his intervening powers when deciding cases
C)the use of precedence of past cases for judges to decide present similar cases
D)the subjective decision making of judges when it came to similar cases
Answer: C
Q2) ________ courts were allowed to give equitable remedies under the English common law.
A)Merchant
B)Law
C)Chancery
D)Appellate
Answer: C
Q3) Stare decisis is the doctrine of ________.
A)providing proof to assert a fact in court
B)adhering to legal precedent
C)separating powers between state and religion
D)ensuring all legal rights are provided to a person when otherwise deprived of them
Answer: B
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Page 3
Chapter 2: Courts and Jurisdiction
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Sample Questions
Q1) The federal district courts are empowered to impanel juries, receive evidence, hear testimony, and decide cases.
A)True
B)False
Answer: True
Q2) The federal court must apply federal laws in deciding diversity of citizenship cases.
A)True
B)False
Answer: False
Q3) Which of the following is a function of the state supreme courts?
A)conducting trials related to misdemeanor criminal law
B)hearing appeals from intermediate appellate state courts and certain trial courts
C)conducting trials related to felonies and civil disputes
D)reviewing the judgments and records of the lower courts and ratifying them
Answer: B
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Chapter 3: Judicial,Alternative,and E-Dispute Resolution
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80 Verified Questions
80 Flashcards
Source URL: https://quizplus.com/quiz/11028
Sample Questions
Q1) In which of the following cases is a default judgment entered?
A)A defendant admits all the allegations in the complaint.
B)There is insufficient evidence to resolve the dispute.
C)The court believes that the lawsuit can be settled before/without trial.
D)A defendant does not file a written response to a plaintiff's complaint.
Answer: D
Q2) A defendant who believes that he or she has been injured by the plaintiff can file a(n)________ against the plaintiff.
A)injunction
B)cross-complaint
C)rejoinder
D)rebuttal
Answer: B
Q3) A pretrial hearing is also known as a settlement conference.
A)True
B)False
Answer: True
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Chapter 4: Constitutional Law for Business and
E-Commerce
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81 Verified Questions
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Sample Questions
Q1) The Indian Gaming Regulatory Act sets the terms of ________ activities on tribal land.
A)casino gambling
B)hunting and gathering
C)agriculture and animal rearing
D)mining
Q2) The U.S.government can gag citizens from criticizing the current President.
A)True
B)False
Q3) Jerome wears a t-shirt that bears a picture of the current U.S.president.Under this picture, there are words which imply that the President is doing a bad job of running the country.In accordance to the Freedom of Speech Clause, which of the following is valid?
A)Criticizing the current president is fully protected speech and Jerome cannot be prosecuted.
B)Jerome could be arrested as his t-shirt violates the Freedom of Speech doctrine.
C)Jerome wearing that t-shirt is an instance of limited protected speech.
D)Wearing that t-shirt makes Jerome liable for prosecution on the basis of defamatory language.
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Chapter 5: Intentional Torts and Negligence
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Sample Questions
Q1) Which of the following actions would make Sarah liable for battery?
A)She publishes an article calling for the current U.S.President to quit because she thinks he is not doing a good job.
B)She extends the boundary of her plot of land encroaching two feet of her neighbor's plot.
C)She smuggles marijuana into the country.
D)She slaps her ex-husband because he denied her alimony.
Q2) Malicious prosecution is a tort that permits a person to recover for emotional distress caused by the defendant's negligent conduct.
A)True
B)False
Q3) If a plaintiff is injured, the damages recoverable depend on the effect of the injury on the plaintiff's life or profession.
A)True
B)False
Q4) A threat of future harm or moral pressure is not considered false imprisonment.
A)True
B)False
Q5) How is assault different from battery?
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Chapter 6: Product and Strict Liability
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Sample Questions
Q1) The term ________ refers to the doctrine which applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages.
A)negligence per se
B)assumption of risk
C)comparative fault
D)contributory negligence
Q2) Describe how courts can evaluate the adequacy of a product's design.
Q3) The statute of repose begins to run when the plaintiff suffers injury.
A)True
B)False
Q4) Manufacturers and others in the chain of distribution are not strictly liable for failure to provide adequate instructions on assembly and use of a product.
A)True
B)False
Q5) To recover for strict liability, the injured party need not show that a product was defective.
A)True
B)False
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Chapter 7: Intellectual Property and Cyber Piracy
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80 Flashcards
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Sample Questions
Q1) A ________ is a term for a mark that has become a common term for a product line or type of service and therefore has lost its trademark protection.
A)service mark
B)orphan work
C)generic name
D)private brand
Q2) Copyrights owned by businesses are protected for 95 years from the year of first publication.
A)True
B)False
Q3) In terms of copyright law, the use of copyrighted material in a satire or parody would be an example of ________.
A)copyright infringement
B)application of fair use doctrine
C)piracy
D)copyright sharing
Q4) The patent term begins to run from the date the patent is issued.
A)True
B)False
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Chapter 8: Criminal Law and Cyber Crimes
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Sample Questions
Q1) Which of the following does the Money Laundering Act prohibit?
A)the fraudulent conversion of property by a person to whom that property was entrusted
B)obtaining property from another, with his or her consent, induced by wrongful use of actual or threatened force
C)the use of mails or wires to defraud another person
D)knowingly engaging in a financial transaction involving the proceeds of an unlawful activity
Q2) Where is the felony murder rule applied?
A)when the murder was committed without intent, while committing another crime
B)when the crime involves the intended murder of another person
C)when the felon in the case was killed while the crime transpired
D)when the reason for the death is found to be involuntary manslaughter
Q3) The Miranda Rights assures the arrested that a lawyer will be appointed to the arrested if he or she cannot afford one.
A)True
B)False
Q4) Give an account of the Racketeer Influenced and Corrupt Organizations Act (RICO)in business law.
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Chapter 9: Nature of Traditional and E-Contracts
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Sample Questions
Q1) The goal of the Uniform Commercial Code is to regularize foreign trade norms among the 50 states of the U.S.A.
A)True
B)False
Q2) Common law of contracts refers to contract law developed primarily by state courts.
A)True
B)False
Q3) Which of the following statements is true of the doctrine of quasi-contract?
A)It allows a court to award monetary damages to a defendant because no actual contract existed between the parties.
B)It applies only where there is an enforceable contract between the parties.
C)It is an equitable doctrine intended to prevent unjust enrichment.
D)Agreement between parties to a quasi-contract has been inferred from their conduct.
Q4) If one of the parties has the option to void his or her contractual obligations, the contract if considered voidable.
A)True
B)False
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11
Chapter 10: Agreement
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80 Verified Questions
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Sample Questions
Q1) Mandy has decided to sell her iPad, and makes an offer to her friend Shelly for $250.Shelly tells Mandy she is willing to buy the iPad, but would be glad if Shelly could lower her asking price.Mandy lowered the price to $210 and Shelly bought it.Which of the following would describe Shelly's response to Mandy for her first offer?
A)counteroffer
B)rejection
C)equivocal acceptance
D)grumbling acceptance
Q2) Only the offeree has the legal power to accept an offer and create a contract.
A)True
B)False
Q3) An offer that is made to two or more persons jointly must be accepted jointly.
A)True
B)False
Q4) During a counteroffer, the previous offeror remains the offeror.
A)True
B)False
Q5) Explain the importance of "time of acceptance" of contracts.
Q6) How can an offeror revoke an offer?
Page 12
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Chapter 11: Consideration and Promissory Estoppel
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Sample Questions
Q1) Give an account of promissory estoppels.
Q2) Contracts based on illegal consideration are valid. A)True
B)False
Q3) An accord is enforceable even though no new consideration is given.
A)True
B)False
Q4) Considerations can only be monetary or economic in nature. A)True
B)False
Q5) An accord is a compromise reached between two parties to settle a claim. A)True
B)False
Q6) If a contract that was lacking in consideration is performed by the parties, the parties cannot subsequently assert lack of consideration to undo the performed contract.
A)True B)False
Q7) Explain the preexisting duty principle in private sector contracts.
Q8) What is contract consideration?
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Chapter 12: Capacity and Legality
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Sample Questions
Q1) The ________ is a legal principle that allows minors to cancel most contracts they have entered into with adults.
A)duty of restoration
B)duty of restitution
C)contract of adhesion
D)infancy doctrine
Q2) If a minor ratifies a contract while still being a minor, the contract cannot be disaffirmed.
A)True
B)False
Q3) Unlicensed persons cannot recover payment for services where he or she does not have the required license.
A)True
B)False
Q4) A person who is insane but not adjudged insane cannot void a contract he or she has entered into.
A)True
B)False
Q5) What is legal insanity?
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Chapter 13: Genuineness of Assent and Undue Influence
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80 Verified Questions
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Sample Questions
Q1) Which of the following constitutes duress?
A)an event that occurs when one person consciously decides to induce another person to rely and act on a misrepresentation
B)a situation in which one person takes advantage of another person's mental, emotional, or physical weakness and unduly persuades that person to enter into a contract
C)a threat to commit extortion unless someone enters into a contract
D)the knowledge that a representation is false or that it was made without sufficient knowledge of the truth
Q2) Misrepresentation of law is a fraud that occurs when a person makes a statement of fact that he or she honestly and reasonably believes to be true even though it is not.
A)True
B)False
Q3) If there has been a mutual mistake, the contract cannot be rescinded.
A)True
B)False
Q4) Explain the three kinds of mistakes that can be made by either party while entering a contract.When are contracts involving mistakes rescinded?
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Page 15
Chapter 14: Statute of Frauds and Equitable Exceptions
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Sample Questions
Q1) Which of the following statements is true of a guaranty contract?
A)The guaranty contract is between the guarantor and the debtor.
B)A guaranty contract need not be in writing.
C)The guarantor's liability is secondary.
D)The original contract is between the creditor and the guarantor.
Q2) The primary contract in a guarantee situation is between the debtor and the creditor.
A)True
B)False
Q3) The transfer of the right to use real property for a specified period of time is known as a lease.
A)True
B)False
Q4) The UCC does not permit several writings to be integrated to form a single written contract.
A)True
B)False
Q5) In a guaranty situation, there is only one contract among three parties.
A)True
B)False
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Chapter 15: Third-Party Rights and Discharge
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Sample Questions
Q1) Which of the following is true of covenants and conditions?
A)A covenant is a conditional promise to perform.
B)A condition becomes a covenant if it is met.
C)A contract cannot contain conditions to excuse performance.
D)A party cannot sue over breach of a covenant by the other party.
Q2) In which of the following conditions is a party's absolute duty to perform conditioned on the other party's absolute duty to perform?
A)condition precedent
B)condition subsequent
C)concurrent condition
D)implied condition
Q3) A legal right that arises out of a breach of contract is ________.
A)assignable
B)not assignable
C)subject to approval clause
D)considered a future right
Q4) An assignment and delegation occurs when there is a transfer of both rights and duties under a contract.
A)True
B)False
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Chapter 16: Remedies for Breach of Traditional and E-Contracts
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80 Verified Questions
80 Flashcards
Source URL: https://quizplus.com/quiz/11041
Sample Questions
Q1) ________ refers to an equitable doctrine that permits the court to rewrite a contract to express the parties' true intentions.
A)Reformation
B)Injunction
C)Conjunction
D)Garnishment
Q2) Intentional interference with contractual relations arises when a third party induces a contracting party to breach the contract with another party.
A)True
B)False
Q3) Writ of garnishment is an order of the court that enables a government officer to seize property of the breaching party and sell it at auction to satisfy a judgment.
A)True
B)False
Q4) Specific performance is awarded if the subject matter of the contract is unique.
A)True
B)False
Q5) Distinguish minor breach from material breach.
Page 18
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Chapter 17: E-Commerce and Digital Law
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80 Verified Questions
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Sample Questions
Q1) What is cybersquatting? Can trademark owners recover domain names registered in bad faith?
Q2) Joan reads e-mails from Harold's personal e-mail folder.Which statute has Joan violated and why? Under what circumstances is she permitted to read Harold's e-mail?
Q3) The UCITA makes it illegal to access another person's stored e-mail.
A)True
B)False
Q4) E-mail contracts are enforceable even if they don't meet traditional contract requirements.
A)True
B)False
Q5) ISPs are not liable for the content transmitted over their networks by e-mail users and websites.
A)True
B)False
Q6) The.pro domain name extension is available to professionals, such as doctors, lawyers, and consultants.
A)True
B)False
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Chapter 18: Formation of Sales and Lease Contracts
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Sample Questions
Q1) A finance lease involves a lessor leasing money to a lessee.
A)True
B)False
Q2) If one or both parties to a sales contract are merchants, any additional terms are considered proposed additions to the contract.
A)True
B)False
Q3) Article 2 of the UCC applies to sales contracts for the sale of intangible goods.
A)True
B)False
Q4) Explain the 'open delivery' term.
Q5) A shipment that is offered to a buyer as a replacement for the original shipment when the original shipment cannot be filled is referred to as a(n)________.
A)consideration
B)accommodation
C)surrogate
D)open delivery
Q6) What are the methods and manners of acceptance as defined by the UCC?
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Chapter 19: Title to Goods and Risk of Loss
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Sample Questions
Q1) According to the UCC, which of the following parties holds the risk of loss for the damage caused to the car?
A)The risk is to be borne by Kenneth.
B)Mr.Henderson has to take up the loss.
C)Quartent Cars must take the risk of loss.
D)The risk is to be borne jointly by Mr.Henderson and Quartent Cars.
Q2) Which of the following is true for the shipping term free on board point of shipment?
A)It requires the seller to bear the expense and risk of loss until the goods are tendered to the buyer at the place of destination.
B)It refers to a pricing term that includes the cost of the goods, and the costs of insurance, and freight.
C)It requires the seller to bear the expense and risk of loss of the goods until delivery has been tendered.
D)The buyer bears the shipping expense and risk of loss while the goods are in transit.
Q3) How does the UCC treat goods that were fraudulently obtained?
Q4) What is the method of identification of goods specified under UCC guidelines?
Q5) What is the passage of title to goods?
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Page 21
Chapter 20: Remedies for Breach of Sales and Lease Contracts
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Sample Questions
Q1) Which of the following constitutes an acceptance by the buyer?
A)if the buyer asks for inspection of goods upon its arrival
B)if the buyer does not pass the title of the goods to another buyer
C)if the buyer fails to reject the goods within a reasonable time after delivery
D)if the buyer accepts nonconforming goods
Q2) Liquidated damages can be claimed in addition to actual damages.
A)True
B)False
Q3) What is the amount of legal damages that Blue Rorschach can recover from Zenzo because of the breach of contract?
A)$4, 400
B)$5, 000
C)$4, 000
D)$44, 000
Q4) Which of the following is grounds for revoking an acceptance?
A)if the seller makes a timely cure of nonconforming goods
B)if the goods were accepted after the nonconformity was discovered
C)if the buyer has accepted only one commercial unit from the entire unit
D)if the nonconformity substantially impairs the value of the goods to the buyer
Q5) Explain how payments are made for contracts under the UCC?
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Chapter 21: Warranties
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Sample Questions
Q1) Implied warranties are expressly stated in the sales or lease contract.
A)True
B)False
Q2) Under the foreign substance test, the court asks what a consumer would expect to find or not find in food or drink that he or she consumes.
A)True
B)False
Q3) Under the Magnuson-Moss Warranty Act, aggrieved consumers must assert their warranty breach claims through the informal dispute-resolution procedure before taking legal action.
A)True
B)False
Q4) A ________ is a warranty in which the lessor warrants that no person holds a claim or an interest in the goods that arose from an act or omission of the lessor that will interfere with the lessee's enjoyment of his or her leasehold interest.
A)warranty against infringements
B)warranty of good title
C)warranty of quiet possession
D)warranty of no security interests
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Chapter 22: Creation of Negotiable Instruments
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Sample Questions
Q1) Who is the drawee of a check?
A)The drawer of the check is also its drawee.
B)The financial institute where the drawer has an account.
C)The party to whom a check is written.
D)The financee to whom the check is drawn.
Q2) What is a trade acceptance?
Q3) A negotiable instrument should be in writing in order to be considered valid.
A)True
B)False
Q4) To be negotiable, a draft or check must contain the drawer's unconditional order to pay a payee.
A)True
B)False
Q5) Which of the following is a fundamental requirement for a negotiable instrument?
A)that it must be supplemented with interest upon payment
B)that it must be secured with collateral
C)that it must contain a drawer, drawee, and a payee
D)that it must be in a permanent state
Q6) List out the functions of a negotiable instrument.
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Q7) Give an account of the requirement for a fixed amount in negotiable instruments?
Chapter 23: Holder in Due Course and Transferability
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Q1) Which of the following is true of a bearer paper?
A)both indorsement and delivery is required for it to be negotiable
B)only indorsement is necessary for it to be negotiable
C)only delivery is necessary for it to be negotiable
D)a payee must be specified in the paper
Q2) Explain the no evidence of forgery, alteration, or irregularity requirement for an HDC under the UCC.
Q3) What are qualified indorsements?
Q4) A(n)________ is an indorsement that states that it is for the benefit or use of the indorser or another person.
A)indorsement in trust
B)indorsement for deposit
C)indorsement prohibiting further indorsement
D)indorsement for collection
Q5) Which of the following can be claimed by merely having possession of the instrument?
A)a certificate of deposit
B)an allonge
C)an order instrument
D)a bearer instrument
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Chapter 24: Liability, Defenses, and Discharge
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Q1) Signature liability is applicable to bearer papers.
A)True
B)False
Q2) Liability in which a person cannot be held contractually liable on a negotiable instrument unless his or her signature appears on the instrument is referred to as
A)warranty liability
B)unqualified liability
C)contract liability
D)accommodation
Q3) An accommodation party who signs an instrument guaranteeing payment is secondarily liable on the instrument.
A)True
B)False
Q4) The purported principal is liable for an unauthorized signature by a purported agent. A)True
B)False
Q5) What are the requirements for imposing secondary liability?
Q6) What is the defense of fraud in the inducement?
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Chapter 25: Banks, E-Money, and Financial Reform
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Q1) It is not necessary to have a checking account at the issuing bank to purchase a cashier's check.
A)True
B)False
Q2) Article 4A of the Uniform Commercial Code governs commercial and consumer wire transfers.
A)True
B)False
Q3) Except for the collecting bank, each bank in the collection process, including the payer bank, must take proper action on an "on them" check prior to its midnight deadline.
A)True
B)False
Q4) Which of the following statements is true of certified checks?
A)Banks are obligated to certify checks that for amounts greater than $10, 000.
B)Certified checks are payable at any time from the date they are issued.
C)A drawer can stop payment on a certified check if it is indorsed.
D)Banks can charge a fraction of the check value as a fee for certifying it.
Q5) Write a brief note describing certified checks.
Q6) Describe how a check can be indorsed.
Page 27
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Chapter 26: Credit,Mortgages,and Debtor's Rights
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Q1) Tim has been approached by Kent regarding Tim's credit card bill payment.Kent is aware of Tim's debt, and says he has come on behalf of the bank he owes to get assurance from Tim that he will repay the credit bill within a specific period of time.Kent is an outside agent who does not work for the bank.Which of the following legislations has the bank violated by contracting Kent to contact Tim?
A)Fair Credit Reporting Act
B)Fair and Accurate Credit Transactions Act
C)Fair Credit and Charge Card Disclosure Act
D)Fair Debt Collection Practices Act
Q2) When is a creditor referred to as a secured creditor?
A)when the creditor has been guaranteed payment by a trustee
B)when the creditor gives a loan without security
C)when the creditor has been paid back his debt
D)when the creditor has acquired collateral
Q3) The Equal Credit Opportunity Act does not have provisions for consumers to recover damages against the creditor.
A)True
B)False
Q4) What are foreclosure sales?
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Chapter 27: Secured Transactions and E-Filing
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Q1) A(n)________ is a record that evidences both a monetary obligation and a security interest in specific goods and software used in the goods.
A)chattel paper
B)citation
C)financing statement
D)document of possession
Q2) Perfection by investment of collateral is one of the methods of perfecting a security interest under the UCC.
A)True
B)False
Q3) The extension of credit in a secured credit requires the purchaser's pledge to some personal property as collateral for the loan.
A)True
B)False
Q4) Retention of collateral refers to a debtor's repossession of the collateral after paying the debt.
A)True
B)False
Q5) Explain in brief the concept of deficiency judgment with an example.
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Chapter 28: Bankruptcy and Reorganization
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Q1) Liquidation is a form of bankruptcy in which the debtor's exempt property is auctioned.
A)True
B)False
Q2) A bankruptcy trustee is a ________.
A)legal representative of a debtor's estate
B)claimant to the debtor's estate on behalf of a creditor
C)federal government official responsible for supervising a bankruptcy case
D)bankruptcy judge, appointed by a U.S.Bankruptcy Court
Q3) A(n)________ provides for the reduction of a debtor's debts.
A)extension
B)liquidation
C)limitation
D)composition
Q4) An automatic stay refers to the suspension of certain legal actions by creditors against a debtor or the debtor's property.
A)True
B)False
Q5) Explain in brief the constitution of a bankruptcy estate.
Q6) Briefly explain the Chapter 11 plan of reorganization.
Page 30
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Chapter 29: Agency Formation and Termination
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Q1) What is an agency coupled with an interest?
Q2) An agent who has negligently or intentionally failed to perform his express duties is also liable to torn laws.
A)True
B)False
Q3) The principal is bound legally to pay a gratuitous agent.
A)True
B)False
Q4) Parties with whom the agent has dealt with directly must be given direct notices of termination of agency.
A)True
B)False
Q5) ________ is a special type of agency that is created for the agent's benefit and that the principal cannot revoke.
A)Agency by ratification
B)Assignment
C)Accommodation
D)Agency coupled with an interest
Q6) Who is an independent contractor?
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Chapter 30: Liability of Principals, Agents, and Independent Contractors
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Q1) The coming and going rule says that a principal is generally not liable for injuries caused by its agents and employees while they are on their way to or from work.
A)True
B)False
Q2) The principal is liable for the tortious conduct of an agent who is acting within the scope of his or her authority.
A)True
B)False
Q3) The agent is compulsorily liable for any intentional or innocent misrepresentation made by the principal in a transaction.
A)True
B)False
Q4) In a fully disclosed agency, an agent is not liable on the contract if he or she guarantees that the principal will perform the contract.
A)True
B)False
Q5) Explain in brief the liability for an independent contractor's torts.
Page 32
Q6) Describe the operation of a fully disclosed agency.
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Chapter 31: Employment, Worker Protection, and Immigration Law
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Q1) Overtime pay is given to non-exempt employees who work more than 40 hours a week.
A)True B)False
Q2) Overtime pay must always be set at twice the regular pay of an employee.
A)True
B)False
Q3) According to the Department of Labor, children under the age of 14 can only be employed as ________.
A)stocking staff at stores
B)newspaper deliverers
C)waiters
D)store assistants
Q4) Senior professors and physicists in research laboratories are entitled to federal overtime pay.
A)True B)False
Q5) The immigration laws of the United States are administered by the USCIS. A)True B)False
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Chapter 32: Labor Law and Collective Bargaining
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Q1) ________ picketing is a type of picketing in which a union tries to bring pressure against an employer by picketing the employer's suppliers or customers.
A)Primary boycott
B)Secondary boycott
C)Consumer boycott
D)Group boycott
Q2) The right to picket is implied from the ________.
A)National Labor Relations Act
B)Norris-LaGuardia Act
C)Labor Management Relations Act
D)Labor Management Reporting and Disclosure Act
Q3) Individual unions are not allowed to join AFL-CIO; the members need to be individual employees.
A)True
B)False
Q4) The NLRB oversees union elections, prevents employers and unions from engaging in illegal and unfair labor practices.
A)True
B)False
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Chapter 33: Equal Opportunity in Employment
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Q1) An employer pays higher wages to Shelly-who has worked with the company for six years-than Samuel, who holds a similar position to Shelly and performs the same functions as her, and has worked with the company for only five and a half years.Which of the following is true of this case?
A)The employer has violated the Fair Employment Practices Act.
B)The employer is liable for disparaged-treatment discrimination.
C)The employer is liable for disparaged-impact discrimination.
D)The employer has not violated the Equal Pay Act.
Q2) Discrimination because of pregnancy, childbirth, or related medical conditions violates the Civil Rights Act of 1866.
A)True
B)False
Q3) In 1978, the ________ which prohibits employment discrimination because of pregnancy, childbirth, or related medical conditions was enacted as an amendment to Title VII of the Civil Rights Act.
A)Pregnancy Discrimination Act
B)Sex Discrimination Act
C)Gender Discrimination Act
D)Sexual Harassment Act
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Chapter 34: Small Business, Entrepreneurship, and General Partnerships
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Q1) The sole proprietor has ________ liability.
A)zero personal
B)limited organizational
C)complete organizational
D)unlimited personal
Q2) Which of the following is a major form of conducting a business?
A)institution
B)charity
C)corporation
D)trust
Q3) The ________ requires general partners to adhere to the provisions of the partnership agreement and the decisions of the partnership.
A)duty to inform
B)duty of loyalty
C)duty of care
D)duty of obedience
Q4) A sole proprietorship cannot be easily transferred when the owner desires to do so.
A)True
B)False
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Chapter 35: Limited Partnerships and Special Partnerships
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Q1) A limited partnership is a ________ in the state in which it is organized.
A)sole proprietorship
B)limited liability corporation
C)domestic limited partnership
D)general partnership
Q2) The end of the life of the limited partnership, as specified in the certificate of limited partnership, causes the dissolution of a limited partnership.
A)True
B)False
Q3) Explain the constitution of partners in a limited partnership.What are their liabilities? Who is permitted to join as a partner to such a partnership?
Q4) A(n)________ is a document that two or more persons must execute and sign that makes a limited partnership legal and binding.
A)limited partnership agreement
B)certificate of limited partnership
C)article of limited partnership
D)limited trade affidavit
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Chapter 36: Corporate Formation and Financing
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Q1) Owners of a corporation who elect the board of directors and vote on fundamental changes in the corporation are known as ________.
A)spectators
B)shareholders
C)electors
D)associates
Q2) According to priority, which of the following claimants is the last to be paid after assets have been liquidated of a corporation?
A)creditors
B)common stockholders
C)preferred shareholders
D)bond holders
Q3) Shareholders are liable for the debt and obligations of a corporation.
A)True
B)False
Q4) An S corporation must pay federal income tax at the corporate level.
A)True
B)False
Q5) Give an account of publicly held and closely held corporation.
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Chapter 37: Corporate Governance and the Sarbanes-Oxley Act
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Q1) If an Inkilwas Corporation amendment for its articles of incorporation is put to vote at this meeting, which of the following statements would be true with respect to the passing of the amendment?
A)The amendment would not pass as all 30, 000 votes have to be represented.
B)The amendment would only pass if all 17, 501 votes approve.
C)The amendment would be passed if 4, 376 votes approve.
D)The amendment will pass if 8, 751 votes approve.
Q2) Once the number of board of directors is fixed by the articles of incorporation, the number cannot be amended.
A)True
B)False
Q3) A lawsuit a shareholder brings against an offending party on behalf of a corporation when the corporation itself fails to bring the lawsuit is known as a ________.
A)notice of the shareholder
B)derivative action
C)class action suit
D)contract action
Q4) What is self-dealing?
Q5) What is the supramajority voting requirement for shareholders?
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Chapter 38: Corporate Acquisitions and Multinational Corporations
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Q1) The ________ is a federal law that mandates the president of the United States to suspend, prohibit, or dismantle the acquisition of U.S.businesses by foreign investors if there is credible evidence that the foreign investor might take action that threatens to impair the "national security."
A)Williams Act
B)Securities Exchange Act of 1934
C)Investment Company Act of 1940
D)Exon-Florio Foreign Investment Provision
Q2) A proxy contest is one in which incumbent directors are impeached.
A)True
B)False
Q3) What is a similarity between a branch office and a subsidiary of a multinational corporation?
A)Both are considered as separate legal entities.
B)Both have limited liability shields with the parent company.
C)Both can be setup in a foreign land to run the parent company's business.
D)Both are wholly liable for their torts.
Q4) In a share exchange, one corporation ends up owning all the shares of the other.
A)True
B)False
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Chapter 39: Limited Liability Companies and Limited Liability Partnerships
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Q1) Agents of an LLC are not permitted to enter into contracts on behalf of the LLC.
A)True
B)False
Q2) Members of an LLC have ________ liability.
A)limited
B)unlimited personal
C)unlimited capital
D)strict
Q3) Articles of organization are documents that evidence a member's ownership interest in an LLC.
A)True
B)False
Q4) If a member or manager of an LLC is found to be a tortfeasor, he or she is not personally liable for the injury or death.
A)True
B)False
Q5) Limited liability companies are created by federal law.
A)True
B)False
Q6) Explain the process which exempts members of an LLC from double taxation. Page 41
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Chapter 40: Franchises and Special Forms of Businesses
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Q1) When is a franchisor allowed to terminate a franchise? Why are termination-at-will clauses generally held to be void?
Q2) Explain the extent of liability of a franchisor and a franchisee with an example.
Q3) If the product or service offered by a franchisor has not been tested, it should appear on the FTC franchise notice.
A)True
B)False
Q4) Intrepid Creations is a product design institute which provides educational courses in package design.It manages to acquire the right to use simulation software from Marco Software for a payment of $2, 000 a year.There is no clause of expiration on this arrangement and the right to access the software is renewed annually.Which of the following kinds of business arrangements does the aforementioned scenario indicate?
A)a licensing arrangement
B)a general partnership
C)a limited partnership
D)a franchise
Q5) Explain in brief the four basic types of franchises.
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Chapter 41: Investor Protection, E-Securities, and Wall Street Reform
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Q1) The ________ coordinates state securities laws with federal securities laws.
A)Insider Trading Sanctions Act
B)Securities Act of 1934
C)Securities Act of 1933
D)Uniform Securities Act
Q2) Liability under Section 11 is imposed on issuers who are negligent in not discovering fraud in their security offerings.
A)True
B)False
Q3) Which of the following must be included in the registration statement?
A)judgments passed by the SEC on the merits of the securities offered
B)how proceeds from the offering will be used
C)date of termination of the initial public offering
D)maximum number of times a share can be sold post issue
Q4) The nonissuer exemption permits local businesses to raise capital from local investors to be used in the local economy without the need to register with the SEC.
A)True
B)False
Q5) What is insider trading? How is it regulated in the U.S.A?
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Chapter 42: Ethics and Social Responsibility of Business
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Q1) ULab Inc., a biotechnology firm, recently had a fire in one of their offices which resulted in the office building being gutted.The employees were not trained for a fire drill, and the 10-storey building had no fire escape route which resulted in many employees being hospitalized for physical injuries, burns and toxic smoke inhalation.What important social responsibility theory was ULab negligent of by not training their employees in case of a fire and not installing a fire exit?
A)corporate citizenship
B)moral minimum
C)stakeholder interest
D)maximizing profits
Q2) Kantian ethics is based on the premise that people can use reasoning to reach ethical decisions.
A)True
B)False
Q3) Which of the following is an apparent disadvantage of utilitarianism?
A)It does not allow people to have subjective notions of right and wrong.
B)It is based on moral duties derived from universal rules.
C)It puts too much emphasis on one book or theory.
D)It treats morality as if it were an impersonal mathematical calculation.
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Chapter 43: Administrative Law and Regulatory Agencies
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Q1) ________ are federal agencies that have broad regulatory powers over key areas of the national economy.
A)Independent federal administrative agencies
B)State administrative agencies
C)Law enforcement agencies
D)Cabinet-level federal departments
Q2) ________ consists of laws that regulate particular industries.
A)Independent federal administration
B)General government regulation
C)Specific government regulation
D)Statements of policy
Q3) Which of the following is true of an administrative law judge (AJL)?.
A)An AJL's decision is issued in the form of state statutes.
B)An AJL's decision is final with no appeal.
C)An AJL is the presider of administrative proceedings.
D)An AJL is not considered as employees of an administrative agency.
Q4) All federal administrative agencies answer directly to the president.
A)True
B)False
Q5) Explain in brief the types of federal administrative agencies with example.
Page 46
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Chapter 44: Consumer Protection and Product Safety
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Q1) A manufacturer can be held liable for deceptive labeling or packaging under the Health Care Reform Act.
A)True
B)False
Q2) The ________ requires food manufacturers and processors to disclosure uniform information about serving sizes and nutrients, and establishes standard definitions for the various terms like "low fat, " "lean" or "organic" which are indiscriminately used by food processors.
A)Consumer Product Safety Act
B)Nutrition Labeling and Education Act
C)Patient Protection and Affordable Care Act
D)Health Care Reform Act
Q3) Which of the following is true of the FTC?
A)The FTC can only sue in state courts.
B)The FTC's decision can be appealed in a state court.
C)The FTC can sue to obtain compensation on behalf of the consumer.
D)The FTC is not allowed to directly disclose its findings to the public.
Q4) The FDA labels ordinary household soap as a cosmetic product.
A)True
B)False
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Chapter 45: Environmental Protection
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Q1) The third category of the nonattainment areas is labeled "serious."
A)True
B)False
Q2) What are the measures taken to protect wetlands in the United States?
Q3) The EPA can prohibit the construction of a new pollution-causing industrial plant in a state that is a nonattainment area.
A)True
B)False
Q4) The right to enforce air pollution standards is an exclusive prerogative of the federal government.
A)True
B)False
Q5) The NEPA and EPA regulations require that an environmental impact statement (EIS)be prepared by the state government.
A)True
B)False
Q6) Give an account of the state environmental protection laws.
Q7) Describe the purpose and requirements of an EIS?
Q8) Explain the nature and enforcement of the NAAQS?
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Chapter 46: Antitrust Law and Unfair Trade Practices
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Q1) ________ is an act that requires certain firms to notify the Federal Trade Commission and the Justice Department in advance of a proposed merger and comply with a thirty-day waiting period before the merger is approved.
A)Celler-Kefauver Act
B)Hart-Scott-Rodino Antitrust Improvement Act
C)Robinson-Patman Act
D)Sherman Act
Q2) Treble damages are allowed in an FTC Act violation.
A)True
B)False
Q3) Under the ________, the court must examine the pro- and anticompetitive effects of a challenged restraint.
A)Noerr doctrine
B)rule of reason
C)per se rule
D)consent decree
Q4) The insurance business enjoys a statutory exemption from antitrust laws.
A)True
B)False
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Chapter 47: Personal Property and Bailment
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Q1) A gift that is made in contemplation of death is known as a(n)________.
A)profit-à-prendre
B)estate pour autre vie
C)gift inter vicos
D)gift causa mortis
Q2) If an accession is mistakenly made by an improver and the improvement cannot be removed from the original article, the owner owns title to the improved property without any payment.
A)True
B)False
Q3) Property that the owner leaves somewhere due to negligence, carelessness, or inadvertence is referred to as ________ property.
A)abandoned
B)real
C)lost
D)mislaid
Q4) Ordinary bailments involve warehouse companies, common carriers, and innkeepers.
A)True
B)False
Page 50
Q5) Give an account of the different types of properties that can be owned.
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Chapter 48: Real Property
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Questions
Q1) A situation created when the owner of one piece of land is given an easement over an adjacent piece of land is called a(n)________.
A)profit-à-prendre
B)easement by license
C)easements in gross
D)easement appurtenant
Q2) Plant life and vegetation growing on the surface of land are considered personal property.
A)True
B)False
Q3) Which of the following forms of co-ownership of real property applies only to married couples?
A)joint tenancy
B)community property
C)tenancy in common
D)condominiums
Q4) The Statute of Frauds requires the real estate sales contracts to be in writing.
A)True
B)False
Q5) Explain the role of recording statutes in real property contracts.
Page 51
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Chapter 49: Landlord-Tenant Law and Land Use Regulation
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Q1) Under this arrangement, Pam has to pay rent to ________.
A)Donald
B)Chris
C)Dave
D)Chad
Q2) In a sublease, no legal relationship is formed between the landlord and the sublessee.
A)True
B)False
Q3) The Due Process Clause of the Fifth Amendment to the U.S.Constitution requires the government to compensate the property owner when it exercises the power of eminent domain.
A)True
B)False
Q4) Which of the following kinds of lease agreements exists between Dave and Pam?
A)an easement
B)a sublease
C)a cooperative
D)a net lease
Q5) What is a lease?
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Chapter 50: Insurance
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Q1) Norah is a single mother who has just taught Janet, her daughter, to drive.Once Janet has a driving permit, Norah intends to let Janet do most of the driving because driving for long stretches usually gives Norah severe pain in her upper back and shoulders.Norah's car is insured in her name.In this scenario, Norah could opt for a(n)________ to protect the car from damages that could occur while Janet drives the car.
A)collision insurance
B)comprehensive insurance
C)omnibus clause
D)medical payment coverage
Q2) A directors' and officers' liability insurance helps an organization sue its directors and officers in case of personal negligence.
A)True
B)False
Q3) In the context of insurance, what does the term "premium" refer to?
A)the money received from the defaulting party
B)the money paid to the insurance company
C)the money paid to insured after an accidental damage
D)the money paid to insurance brokers as fee
Q4) What are the duties of an insured and insurer?
Page 53
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Chapter 51: Accountants' Duties and Liability
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Q1) The ________ is a rule that says that an accountant is liable only for negligence to third parties who are in privity of contract or in a privity-like relationship with the accountant.
A)foreseeability standard
B)Ultramares doctrine
C)due diligence defense
D)disclaimer of opinion
Q2) Federal law allows for discovery of an accountant's work papers in a federal case against the accountant's client.
A)True
B)False
Q3) The Securities Exchange Commission has oversight and enforcement authority over the Public Company Accounting Oversight Board.
A)True
B)False
Q4) A private civil RICO based on securities fraud can only be brought once the defendant has been convicted for the crime.
A)True
B)False
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Chapter 52: Wills Trusts and Estates
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Q1) Euthanasia pursuant to a living will is considered legal.
A)True
B)False
Q2) Trusts are used to transfer property that is to be held and managed for the benefit of another person or persons.
A)True
B)False
Q3) The primary purpose of using a living trust is to avoid probate associated with using a will.
A)True
B)False
Q4) What is a codicil?
A)a type of will that cannot be amended once created
B)a separate document that must be executed to amend a will
C)a will that has been attested by the beneficiary of the will
D)a duplicate of a will that is used in case the original is destroyed
Q5) Nicknames or titles cannot be used as a testator's signature in a will.
A)True
B)False
Q6) Give an account of the funding and operation of a living trust.
Page 55
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Chapter 53: Family Law
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Q1) What are the parent's rights and duties towards their children? What is child neglect?
Q2) A divorce is the only legal method of terminating a marriage.
A)True
B)False
Q3) A common law marriage does not require a court decree of divorce for termination.
A)True
B)False
Q4) Cohabitation is not sufficient in and of itself to establish a common law marriage.
A)True
B)False
Q5) In the event of Jane and Will opting for a divorce, ________ would be considered separate property for Jane.
A)the ancestral home
B)the new car
C)the stocks and bonds
D)the farmhouse
Q6) What is an annulment? On what grounds are annulments provided?
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Chapter 54: International and World Trade Law
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Q1) The International Monetary Fund is an exclusive organization set up to primarily help the member nations of the Security Council.
A)True B)False
Q2) The International Monetary Fund is an example of an autonomous agency that is a part of the UN.
A)True B)False
Q3) The Code of Canon Law of 1983 stipulates the code of conduct to be followed by all Christians around the world.
A)True
B)False
Q4) The United States follows the doctrine of restricted immunity for suits against foreign nations.
A)True B)False
Q5) The euro can only be used in countries that are part of the eurozone. A)True B)False
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