Employment Law Exam
Questions
Course Introduction
Employment Law provides students with an in-depth understanding of the legal framework governing the relationship between employers and employees. The course examines key topics such as the formation of employment contracts, employee rights and obligations, workplace discrimination, termination of employment, health and safety regulations, and dispute resolution mechanisms. Through the analysis of statutes, case law, and real-world scenarios, students will develop the skills necessary to identify and address legal issues that arise in the workplace, equipping them for careers in human resources, management, or legal practice.
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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Sample Questions
Q1) Law consists of enforceable rules governing relationships among individuals and between individuals and their society.
A)True
B)False
Answer: True
Q2) Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
A) specific performance.
B) an injunction.
C) rescission.
D) an action that the court cannot order.
Answer: C
Q3) Remedies in equity include injunctions.
A)True
B)False
Answer: True
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Chapter 2: Courts and Alternative Dispute Resolution
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Q1) Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for
A) no court to exercise jurisdiction.
B) a federal court to exercise original jurisdiction.
C) a state court to exercise appellate jurisdiction.
D) the United States Supreme Court to refuse jurisdiction.
Answer: B
Q2) Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss might prefer to use the alternative dispute resolution method of A) arbitration.
B) litigation.
C) mediation.
D) negotiation.
Answer: D
Q3) State courts are superior to federal courts.
A)True
B)False
Answer: False
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Page 4
Chapter 3: Court Procedures
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Q1) In Precise Paving Company's suit against Ride, Park n' Go, Inc., the jury returns a verdict in Precise Paving's favor. The company will most likely ask the court to
A) enter a judgment in accordance with the verdict.
B) enter a judgment n.o.v.
C) enter a judgment as a matter of law.
D) order a new trial.
Answer: A
Q2) In most states, if neither party requests a jury, the court presumes the parties waive this right.
A)True
B)False
Answer: True
Q3) Any relevant material, including information stored electronically, can be the object of a discovery request.
A)True
B)False
Answer: True
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Chapter 4: Business and the Constitution
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Q1) The First Amendment protects symbolic speech without limitation.
A)True
B)False
Q2) George burns a U.S. flag in his backyard. He posts a video of the event on YouTube.com. George's actions are
A) expressly prohibited by the Constitution.
B) protected by the First Amendment.
C) subject to reasonable restrictions under the due process clause.
D) given strict scrutiny under the equal protection clause.
Q3) In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of
A) the commerce clause.
B) the equal protection clause.
C) the due process clause.
D) the First Amendment.
Q4) The establishment clause requires a complete separation of church and state.
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) In making decisions for Commercial Janitorial & Maintenance Services, Inc., Isaiah uses a cost-benefit analysis. This analysis is part of A) duty-based ethics.
B) Kantian ethics.
C) the principle of rights.
D) utilitarianism.
Q3) Religious rules generally are absolute with respect to the behavior of their adherents. A)True
B)False
Q4) Frances, an executive with GMO Seed & Feed, Inc., has to decide whether to market a product that could offer substantial benefits but might also have potentially serious side effects for a small percentage of users. How should Frances decide whether to sell the product? How does the standard of ethics that is applied affect this answer?
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Page 7
Chapter 6: Tort Law
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Q1) Driving his motorcycle negligently, Joe crashes into a streetlight. The streetlight falls onto Kim, who is standing nearby, resulting in her death. But for Joe's negligence, Kim would not have died. Regarding the death, the crash is
A) the cause in fact.
B) the intervening cause.
C) the proximate cause.
D) the superseding cause.
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) For fraud to occur, seller's talk must be involved.
A)True
B)False
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Page 8
Chapter 7: Strict Liability and Product Liability
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Q1) A statute of repose places outer time limits on product liability actions.
A)True
B)False
Q2) Cookin' Products Company makes heat convection ovens. DeAnn discovers that her Cookin' oven is defective and sues the maker for product liability based on strict liability. To win, DeAnn must show that she A) bought the oven from Cookin'. B) did not misuse the oven.
C) suffered an injury caused by the defect.
D) did not know of the defect.
Q3) Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of A) Ian's discovery of an injury caused by the opener.
B) Garage Magic's sale of the opener to Home & Yard.
C) Garage Magic's design of the opener.
D) Home & Yard's sale of the opener to Ian.
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Chapter 8: Intellectual Property Rights
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Q1) All aspects of software are protected by copyright law.
A)True
B)False
Q2) With a few exceptions, almost anything is patentable.
A)True
B)False
Q3) Reprise, Inc., a U.S. video production company, files a suit against Substantivo TV, Ltd., a Mexican production firm, for infringement of intellectual property rights under Mexico's national laws. Under the TRIPS agreement, Reprise is entitled to receive
A) better treatment than Substantivo.
B) the same treatment as Substantivo.
C) worse treatment than Substantivo.
D) nothing.
Q4) It is not possible to copyright an idea.
A)True
B)False
Q5) The TRIPS agreement covers computer programs.
A)True
B)False
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Chapter 9: Internet Law, Social Media, and Privacy
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Q1) Refer to Fact Pattern 9-2. By using a domain name similar to CallTalk's, CellTalk is most likely
A) diminishing the quality of CallTalk's mark.
B) making a fair use of CallTalk's mark.
C) licensing the use of CallTalk's mark to itself.
D) engaging in smart competitive conduct.
Q2) The employees of Eco Engineering Inc. share company-related resources among multiple computers without requiring a central network server. This is
A) digital sampling.
B) cybersquatting.
C) cloud computing.
D) peer-to-peer (P2P) networking.
Q3) Without authorization, Bennie uses the trademark of Cielo Coffee Company to promote cheap, flavorless candy, which is not similar to Cielo's products but diminishes the quality of the coffee company's mark. This is
A) cybersquatting.
B) typosquatting.
C) trademark infringement.
D) trademark dilution.
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Page 11
Chapter 10: Criminal Law and Cyber Crime
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Q1) Mariah takes off her ring and places it on her desk while she works. Without her knowledge or consent, her coworker Nita picks up the ring, puts it on, and walks away. Nita has likely committed A) burglary.
B) forgery.
C) larceny.
D) no crime.
Q2) Herb, a computer programmer for Inventory Control Ltd., is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to A) a trial by jury.
B) punishment.
C) question witnesses.
D) remain silent.
Q3) A wrongful mental state is typically required to establish criminal liability. A)True
B)False
Q4) Changing a trademark is forgery.
A)True
B)False
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Chapter 11: Nature and Terminology
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Q1) When a rainstorm erupts outside Rita's Gift Shop, Rita and Shaw enter into an implied contract to split the revenue from Shaw's sale of umbrellas to Rita's customers. The terms of this contract are defined by
A) the conduct of the parties.
B) the words of the parties.
C) the unforeseeable storm that gave rise to the deal.
D) the unexpressed subjective intent of the parties.
Q2) Wilson buys a lottery ticket. Wilson has accepted an offer for A) a bilateral contract.
B) a unilateral contract.
C) a void contract.
D) an unenforceable contract.
Q3) Ren offers to pay Sara to pick up and deliver certain business documents within thirty minutes. Sara can accept the offer only by completing the task within the deadline. If she does, Ren and Sara will have
A) a bilateral contract.
B) a unilateral contract.
C) a void contract.
D) an executive contract.
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Page 13
Chapter 12: Agreement in Traditional and E-Contracts
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Q1) Due on Receipt, Inc., makes tax software, which is packaged with a shrink-wrap agreement. Evenflo Products Company distributes the software to retailers, including a Flatprice discount store, where Greta buys a package of it. The parties to the shrink-wrap agreement are
A) does not read it.
B) learns of it after the contract is formed.
C) learns of it before the contract is formed.
D) has difficulty learning how to play the game.
Q2) A counteroffer is a rejection of the original offer and the simultaneous making of a new offer.
A)True
B)False
Q3) Fresh Service, Inc., offers to deliver produce to Growers' Market's customers for a certain price. Fresh's intent to extend a serious offer to Growers' Market is determined by reference to Fresh's
A) assumptions.
B) beliefs.
C) intentions.
D) words and conduct.
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Page 14
Chapter 13: Consideration
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Q1) In general, a court will question the adequacy of consideration based solely on the comparative value of the things exchanged.
A)True
B)False
Q2) Refer to Fact Pattern 13-1. Sports Bar's discount is legally sufficient consideration
A) because it is a promise of something of value.
B) only if Sports Bar adds a cash rebate.
C) only if Tea & Tarts uses it.
D) under no circumstances.
Q3) Under a contract with Valley Vineyard, Walsh begins grading a terraced hillside for the planting of grapes. Halfway through the project, Walsh asks for $5,000 over the contract price, claiming an increase in the "cost of doing business." Valley agrees but later refuses to pay. Valley's agreement to pay more is
A) unenforceable because Walsh's performance was a preexisting duty.
B) unenforceable because Valley's promise was illusory.
C) enforceable.
D) unenforceable because Walsh's request modified the contract.
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Page 15
Chapter 14: Capacity and Legality
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Q1) A covenant not to compete is enforceable only if it is reasonable in duration and geographic area.
A)True
B)False
Q2) Rosa, a seventeen-year-old, signs a contract to sell her car to Street Fleet Cars. Later, Rosa decides not to sell the car. Rosa is liable to Street Fleet for A) the cost of a car of comparable value.
B) the value of her performance under the contract.
C) the amount of the buyer's profit on the deal.
D) nothing.
Q3) A contract to commit a tortious act is unenforceable.
A)True
B)False
Q4) A minor has a reasonable time, after the minor reaches the age of majority, to disaffirm a contract.
A)True
B)False
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Chapter 15: Mistakes, Fraud, and Voluntary Consent
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Q1) For a party to a contract to receive relief from a mistake, the mistake must involve a material fact.
A)True
B)False
Q2) Lee applies to Marketing Corporation for a position as a software engineer. Lee has no training in computers or programming and no background as an engineer. After Lee is hired, Marketing learns the truth. The employer can rescind the contract on the basis of A) none of the choices.
B) fraud.
C) mistake.
D) undue influence.
Q3) Any party who does not receive what he or she considers a fair bargain can argue mistake.
A)True
B)False
Q4) Misrepresentation of law ordinarily entitles a party to relief from a contract.
A)True
B)False
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Page 17
Chapter 16: The Writing Requirement in Our Digital World
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Q1) Evidence of prior agreements that differ from the written terms of a contract can be introduced in court to contradict the contract.
A)True
B)False
Q2) An integrated contract is a contract with more than one subject or part.
A)True
B)False
Q3) If a party against whom enforcement of an oral contract is sought admits under oath that a contract for sale was made, the contract will be enforceable.
A)True
B)False
Q4) A contract involving interests in property of any kind must be in writing to be enforceable.
A)True
B)False
Q5) A written contract for a transfer of land is usually enforceable.
A)True
B)False
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Chapter 17: Third Party Rights
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Q1) Paolho and Roth agree that Paolho will fix Roth's boat dock in exchange for $5,000. Paolho spends half of the amount due under the contract to acquire the materials for the job from Sav-U Economy Lumber. Sav-U is
A) a delegatee.
B) an intended beneficiary.
C) an incidental beneficiary.
D) an assignor.
Q2) If a third party has the right to control the details of contract performance, the third party is an incidental beneficiary.
A)True
B)False
Q3) Market Company and Nick enter into a contract for Nick to cut and trim the landscaping around Market's building before a meeting of the company's sales staff. When Nick's schedule conflicts, he asks Otis to do the cutting and trimming. This transfer of duties is
A) a delegation.
B) an assignment.
C) a third party beneficiary contract.
D) alienation.
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Page 19
Chapter 18: Performance and Discharge
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Q1) Floors n' More, Inc., hires Gordon to renovate Floors n' Mores showroom. Gordon submits plans that Floors n' More approves. Gordon completes the major reconstruction, paints the interior, and buys the fixtures and furnishings. Floors n' More rejects some of these items because they do not match the plans, and subsequently refuses to allow Gordon to finish the work or to collect payment. Could Gordon sue successfully for payment for the entire contract?
Q2) To rescind a contract, the parties must make a second agreement that satisfies the legal requirements for a contract.
A)True
B)False
Q3) Subjective impossibility of performance can discharge a contract. A)True
B)False
Q4) Even-Bilt Construction contracts to build a warehouse for Discount E-Sales Company. Even-Bilt completely performs. Discount E-Sales is entitled to A) damages.
B) nothing more.
C) to be excused from performance. D) suspend performance.
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Chapter 19: Breach of Contract and Remedies
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Q1) Clay Pots pays Dora $25,000 to propose an online marketing campaign. Two days later, Dora tells Clay Pots that she has accepted a job with its competitor Earthenware Inc. and cannot plan the campaign. As compensatory damages, Clay Pots can recover
A) $250,000.
B) $25,000.
C) $2,500.
D) $0.
Q2) Mother & Daughter Jewelers breaches its lease with Longview Mall and vacates the premises six months before the end of the term. In some states, Longview would have to
A) avoid reletting the premises to recover damages.
B) use reasonable means to find a new tenant to mitigate damages.
C) relet the premises to recover any damages.
D) sell the premises to recover any damages.
Q3) In a contract for a sale of goods, the usual measure of compensatory damages is the difference between the retail price and the wholesale price.
A)True
B)False
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Chapter 20: The Formation of Sales and Lease Contracts
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Q1) For an item to be characterized as a "good" under the UCC, it must be intangible.
A)True
B)False
Q2) Under the UCC, the meaning of any agreement must be interpreted in light of commercial practices.
A)True
B)False
Q3) The UCC requires that the mirror image rule be followed for all acceptances.
A)True
B)False
Q4) Intangible property has conceptual existence and thus comes under Article 2.
A)True
B)False
Q5) A merchant is a person who deals in goods of the kind involved in the sales contract or who holds herself or himself out as having skill or knowledge peculiar to the practices or goods being purchased or sold.
A)True
B)False
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Chapter 21: Title, Risk, and Insurable Interest
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Q1) If a seller is not a merchant, and the goods are not to be moved, the risk of loss passes to a buyer on tender of delivery.
A)True
B)False
Q2) When a buyer breaches a contract, the risk of loss immediately shifts to the buyer. A)True
B)False
Q3) In contracts involving a sale of unborn animals to be born within twelve months, identification takes place when the animals are born.
A)True
B)False
Q4) A receipt issued by a warehouser for goods stored in a warehouse is a bill of lading. A)True B)False
Q5) 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) 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.
Q2) Asian Noodle Company contracts to sell 1,000 cases of rice noodles to Bob's Bistros, Inc., but refuses to deliver. Due to a rice shortage, Bob's Bistros cannot obtain the noodles elsewhere. The buyer's right to recover the goods from the seller is the right of A) cover.
B) cure.
C) tender.
D) specific performance.
Q3) If goods in every respect conform to a contract, the buyer or lessee does not have a right to reject the goods.
A)True
B)False
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Chapter 23: Warranties
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Q1) Statements of fact made during the bargaining process are express warranties.
A)True
B)False
Q2) A warranty of title cannot be disclaimed.
A)True
B)False
Q3) Beginners Run Ski Shop sells a pair of skis to Crystal. When Crystal first uses the skis, they snap in two. The cause is something that Beginners Run did not know about and could not have discovered. Beginners Run breached
A) the merchant's implied duty of inspection.
B) the implied warranty of merchantability.
C) no duty or warranty because Beginners Run knew nothing about the defect that made the goods unsafe.
D) no duty or warranty because consumers should reasonably expect to occasionally find a product that does not work as warranted.
Q4) Express warranties displace inconsistent implied warranties with no exception. A)True
B)False
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Chapter 24: International and Space Law
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Q1) A foreign state is immune from the jurisdiction of U.S. courts as long as the state is involved in commercial activity in the United States.
A)True
B)False
Q2) World Media, Inc., a U.S. firm, expands into international markets through a joint venture. In the venture, World Media shares responsibilities
A) both the profits and liabilities.
B) none of the profits or liabilities.
C) the profits, but not the liabilities.
D) the liabilities, but not the profits.
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
Q4) The doctrine of sovereign immunity can immunize a foreign nation from the jurisdiction of U.S. courts.
A)True
B)False
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Chapter 25: Negotiable Instruments
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Q1) An instrument whose terms indicate payment to no particular person is payable to no one.
A)True
B)False
Q2) Refer to Fact Pattern 25-1. Erin's check is most likely
A) a certificate of deposit.
B) an order to pay.
C) a promise to pay.
D) a promissory note.
Q3) For an instrument to be negotiable, it must be in writing.
A)True
B)False
Q4) For an instrument to be negotiable, the word "negotiable" must appear on it.
A)True
B)False
Q5) Only unconditional promises or orders can be negotiable.
A)True
B)False
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Chapter 26: Transferability and Holder in Due Course
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Q1) Emily writes and signs a check payable to "Five Star Cinema." George, Five Star's manager, indorses the check "For deposit only." This is
A) a blank indorsement.
B) a qualified indorsement.
C) a restrictive indorsement.
D) a special indorsement.
Q2) Refer to Fact Pattern 26-1. After Patricia writes "Pay to Patricia" above Nina's signature, further negotiation of the check
A) requires Nina's re-indorsement and delivery.
B) requires delivery alone.
C) requires Patricia's indorsement and delivery.
D) is not possible.
Q3) Avril receives a payroll check from Business Solutions, Inc., and indorses it by signing her name on the back of the check. This is
A) a blank indorsement.
B) a qualified indorsement.
C) a restrictive indorsement.
D) a special indorsement.
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Chapter 27: Liability, Defenses, and Discharge
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Q1) Hilltop Bank is an HDC of a note for $1,000 on which there is the forged signature of "Rob." If sued on the note by Hilltop, Rob's best defense would be A) illegality.
B) fraud in the execution.
C) material alteration.
D) forgery.
Q2) Duke signs a note "payable to the order of Equity Bank." Unless Duke has a valid defense against payment, his liability on this note is A) impaired.
B) primary.
C) secondary.
D) qualified.
Q3) A maker is secondarily liable on an instrument.
A)True
B)False
Q4) Under the fictitious payee rule, an innocent holder can hold the maker or drawer liable on the instrument.
A)True
B)False
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Chapter 28: Banking in the Digital Age
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Q1) Dana writes a check to Becky on Dana's account at Community Bank. The bank dishonors the check even though Dana has sufficient funds in her account. The bank is liable to
A) the payee on Dana's next check.
B) Dana.
C) Becky.
D) no one.
Q2) A customer must examine a bank statement and report any discovered forged signature to recover from the bank for the forgery.
A)True
B)False
Q3) On an automated teller machine (ATM) belonging to USA Bank, Sven placed a card-skimming device to pull information from the magnetic strips of users' debit cards. The device then transmitted the stolen data to thieves who used it to gain access to, and empty, the bank accounts of the users, including Megan. Megan learned of the theft the next day and promptly notified USA. Is Megan entitled to a recredit of her account for the most of the loss due to the theft? Explain.
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Chapter 29: Creditors Rights and Remedies
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Q1) Federal law alone governs garnishment actions.
A)True
B)False
Q2) A defaulting debtor cannot redeem nonexempt property before a sale under a writ of execution.
A)True
B)False
Q3) Jay is a surety for Karen's loan from Little Bank. Jay's right to be reimbursed by Karen after having paid her debt is the right of A) contribution. B) redemption.
C) reimbursement.
D) subrogation.
Q4) An artisan's lien is effective only if a creditor has possession of the property.
A)True
B)False
Q5) A creditor's composition agreement is usually held to be enforceable. A)True
B)False
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Chapter 30: Secured Transactions
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Q1) The payment of John's debt to Kirsten is guaranteed by John's personal property. Kirsten is most likely to perfect her interest by
A) attaching a bright label to John's property.
B) calculating the precise amount of John's debt.
C) correcting grammatical errors in the parties' written agreement.
D) filing a financing statement with the appropriate authority.
Q2) When consumer goods are involved, a termination statement must be filed within a month after the debt is paid.
A)True
B)False
Q3) A purchase-money security interest (PMSI) in consumer goods is perfected automatically at the time the PMSI is created.
A)True
B)False
Q4) A security interest is enforceable only if the collateral is in the secured party's possession.
A)True
B)False
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Chapter 31: Bankruptcy Law
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Q1) If the circumstances indicate bad faith, a court can dismiss a debtors'Chapter 13 petition.
A)True
B)False
Q2) The clerk of a bankruptcy court must provide consumer-debtors with information on the types of services available from credit counseling agencies.
A)True
B)False
Q3) The filing of a petition for bankruptcy will automatically stay most legal actions against the debtor.
A)True
B)False
Q4) Jordan believes that she needs to obtain a discharge in bankruptcy through an individual's repayment plan. This proceeding can be initiated by a filing of a petition by A) a trustee.
B) a debtor.
C) a corporation.
D) a partnership.
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Page 33
Chapter 32: Agency Formation and Duties
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Q1) Global Games Corporation employs Heidi as an agent. Global Games gives Heidi an exclusive territory in which to sell its products. Global Games cannot compete with Heidi in that territory under the duty of A) compensation.
B) cooperation.
C) indemnification.
D) reimbursement.
Q2) Employment laws apply to the employer-independent contractor relationship.
A)True
B)False
Q3) An agency relationship created for an illegal purpose is enforceable.
A)True
B)False
Q4) The relationship between an employer and an employee cannot involve an agency relationship.
A)True
B)False
Q5) The term fiduciary is at the heart of agency law.
A)True
B)False
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Chapter 33: Agency Liability and Termination
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Q1) A partially disclosed principal is liable to a third party for a contract made by the agent acting within the scope of his or her authority.
A)True
B)False
Q2) Under the doctrine of respondeat superior, an agent is liable for any harm caused to a principal by a third party.
A)True
B)False
Q3) Private Security Service employs Olsen as an agent. Without Private Security's knowledge but otherwise acting within the scope of employment, Olsen commits a crime. The state can successfully prosecute A) none of the choices.
B) Private Security.
C) Private Security or Olsen.
D) Olsen.
Q4) For an agent's implied authority to be effective, a principal must confirm it in writing. A)True
B)False
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Page 35
Chapter 34: Employment, Immigration, and Labor Law
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Q1) Children under fourteen years of age are not allowed to work.
A)True
B)False
Q2) GameCraft, Inc., employs four hundred workers at three locations in three states. Workers who lose their jobs with GameCraft have a right to continued health-care coverage under the company's group plan unless they
A) are fired for gross misconduct.
B) are laid off for budgetary reasons.
C) have their hours decreased from full-time to part-time.
D) quit their jobs voluntarily.
Q3) Employers can require or cause employees, but not job applicants, to take lie-detector tests.
A)True
B)False
Q4) Workers are eligible for unemployment compensation even if they were fired for misconduct or voluntarily left their jobs.
A)True
B)False
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Chapter 35: Employment Discrimination
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Q1) Carly applies for a job at Data Applications LLC for which she is qualified, but for which she is rejected. The employer continues to seek applicants and eventually fills the position. To succeed in a suit against Data for discrimination under the Americans with Disabilities Act, Carly must show that she
A) was not hired solely because of a disability.
B) has a disability but can function with certain mitigating measures.
C) suffers from a disability that causes her undue hardship.
D) is willing to reasonably accommodate the employer's needs.
Q2) The right of employees to bring claims against their employer under Title VII of the Civil Rights Act as a group or class is unlimited.
A)True
B)False
Q3) An employer is not required to reasonably accommodate any individual employee's religious belief or practice.
A)True
B)False
Q4) Title VII of the Civil Rights Act prohibits unintentional discrimination.
A)True
B)False
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Chapter 36: Small Businesses and Franchises
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Q1) In determining whether a franchisor acted in good faith when terminating a franchise agreement, a court will attempt to balance the rights of both parties.
A)True
B)False
Q2) A franchisor's decision to terminate a franchise is always considered wrongful.
A)True
B)False
Q3) Paradise Footwear buys a franchise from Quad Shoes Inc. This relationship, like all other franchise relationships, is governed by A) contract law.
B) no law.
C) the Franchise Disclosure Document, or FDD.
D) the Automobile Dealers' Day in Court Act.
Q4) Limited legal liability generally is necessary for small businesses that wish to raise outside capital.
A)True
B)False
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Chapter 37: All Forms of Partnerships
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Q1) A partner may pursue his or her own interests without automatically violating the partner's fiduciary duties to the partnership and the other partners.
A)True
B)False
Q2) Rosa is a partner in Silver Dragon, a partnership consisting of the owners of a restaurant. Silver Dragon incurs debt for new dining tables and chairs. With respect to this debt, Rosa is
A) not liable.
B) only liable to the amount of her capital contribution.
C) only liable in proportion to the number of partners in the firm.
D) personally liable to the full extent.
Q3) Darin is a limited partner in Eco Baits, a pest control service organized as a limited partnership, which cannot pay its debts. Darin is liable for the debts
A) in proportion to the number of partners in the firm.
B) to no extent.
C) to the extent of her capital contribution to the firm.
D) to the full extent.
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Chapter 38: Limited Liability Companies and Special Business Forms
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Q1) A syndicate may be organized as a corporation or a partnership, or in some situations as no recognizable form of business organization.
A)True
B)False
Q2) Start-Ups, LLC, is a limited liability company without a written operating agreement. Among the members, a dispute arises concerning the division of profits. Under most LLC statutes, the profits will be
A) distributed according to members' proportionate ownership in the firm.
B) divided equally among the members.
C) forfeited to the state.
D) reinvested in the business until the dispute is resolved.
Q3) If a dispute arises and the applicable limited liability company statute does not cover the issue, a court will most likely dismiss the case.
A)True
B)False
Q4) A cooperative cannot be incorporated.
A)True
B)False
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Chapter 39: Corporate Formation and Financing
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Q1) Stocks represent the borrowing of funds by firms.
A)True
B)False
Q2) Bylaws are the internal rules of management for a corporation.
A)True
B)False
Q3) EZ Hauling holds itself out to customers as being a corporation but makes no attempt to incorporate. In this circumstance, EZ Hauling is most likely
A) a corporation by estoppel.
B) a de facto corporation.
C) a de jure corporation.
D) a benefit corporation.
Q4) Ben incorporates his app business as Clickology, Inc. Under most state corporation statutes, Clickology can have
A) only a finite, yet-to-be-determined existence.
B) only a one-year, nonrenewable existence.
C) only a one-year, renewable existence.
D) perpetual existence.
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Chapter 40: Corporate Directors, Officers, and Shareholders
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Q1) Eve is a director of Fab Style Corporation. Without informing Fab, Eve goes into business with Gro Trend, Inc., in competition with Fab. Eve is most likely liable for breach of
A) none of the choices.
B) the business judgment rule.
C) the duty of care.
D) the duty of loyalty.
Q2) Mike is a shareholder of Natural Gas, Inc. Natural Gas uses cumulative voting to elect directors. This means that the number of Mike's votes is determined by the number of A) years that he has been a shareholder.
B) members of the board to be elected multiplied by the total number of voting shares that he holds.
C) shareholders present at the shareholders' meeting.
D) shareholders' meetings that he has attended.
Q3) Each director present at a board meeting has one vote.
A)True
B)False
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42
Chapter 41: Mergers and Takeovers
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Q1) Ramon is a shareholder of Quantum Mechanix Corporation. Ramon could normally exercise appraisal rights if Quantum participated in
A) a consolidation.
B) a dissolution.
C) a liquidation.
D) none of the choices.
Q2) If one corporation owns all of the shares of another corporation, it is referred to as the subsidiary corporation.
A)True
B)False
Q3) B-Sharp Corporation and Coding Company wish to combine all assets, stock, and personnel into a new firm to be called DigiSongs Inc. This is A) a consolidation.
B) a merger.
C) a share exchange.
D) a takeover.
Q4) A short-form merger is the legal combination of two or more corporations online.
A)True
B)False
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Chapter 42: Investor Protection, Insider Trading, and Corporate Governance
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Q1) HVAC Heating & Air Conditioning, Inc., is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that HVAC's financial results are accurate and timely, the firm's senior officers must set up and maintain
A) internal "disclosure controls and procedures."
B) external "release and reveal timetables."
C) personal "peruse and review liability policies."
D) public "information and discussion forums."
Q2) Fresh Fruit Company has assets of less than $10 million and fewer than fifty shareholders. Gourmand Pastries, Inc., has assets of more than $50 million and more than five hundred shareholders. The Securities Exchange Act of 1934 applies to
A) Fresh Fruit and Gourmand Pastries.
B) Fresh Fruit only.
C) Gourmand Pastries only.
D) neither Fresh Fruit nor Gourmand Pastries.
Q3) Most private, small-business, noninvestment company offers of securities are exempt from the registration requirements.
A)True
B)False
Page 44
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Chapter 43: Administrative Agencies
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Q1) The judicial branch exercises control over administrative agencies through the courts' review of agency actions.
A)True
B)False
Q2) Most administrative actions are resolved through negotiated settlements at their initial stages, without formal adjudication.
A)True
B)False
Q3) Federal agencies must prepare guides that explain in "plain English" how small businesses can comply with federal regulations.
A)True
B)False
Q4) The Fourth Amendment protects against unreasonable searches and seizures by agencies.
A)True
B)False
Q5) An administrative law judge does not make determinations of facts.
A)True
B)False
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Chapter 44: Consumer Law
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Q1) Consumer Finance Corporation (CFC) extends credit to consumers. CFC is subject to the Equal Credit Opportunity Act, which prohibits credit discrimination based on A) intelligence. B) education.
C) income.
D) race.
Q2) One of the most important federal consumer protection laws is directed at deceptive trade practices.
A)True
B)False
Q3) Cutting Edge Inc. makes and sells tools. One of the tools is believed to be hazardous. The firm may be required to A) export the tool and sell it only abroad. B) increase the price to cover the cost of any injuries or damage. C) reduce the price to indicate the hazard to consumers. D) remove the tool from the market.
Q4) Account numbers on credit-card receipts must be truncated (shortened).
A)True
B)False
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Chapter 45: Environmental Protection
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Q1) Harry makes a living by commercial fishing in a river allegedly polluted by Industrial Paint Company. To bring a suit against Industrial Paint on the ground of private nuisance, Harry must allege that he suffers from
A) a distinct harm separate from that affecting the general public.
B) a lesser harm than an injunction would impose on the company.
C) the company's failure to use reasonable care to avert herm to Harry.
D) the same harm as that affecting the general public.
Q2) Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, the company sells the property to Eager Developers, Inc. If there is a release, the seller is most likely
A) liable.
B) not liable because the site was sold before the release.
C) not liable because the company was concerned about the release.
D) not liable because the company no longer operates the facility.
Q3) It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.
A)True
B)False
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Chapter 46: Antitrust Law
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Q1) Fresh Vegetables, Inc., a wholesaler, refuses to sell its produce to Good Foods Marketplace, Inc., a retailer. This is
A) "an unfair or deceptive act or practice."
B) a per se violation.
C) not a violation.
D) subject to analysis under the rule of reason.
Q2) A firm is not a monopolist unless it is the sole seller in a market.
A)True
B)False
Q3) Refer to Fact Pattern 46-1. Pharma pays Renew not to sell its product. This is A) a market division.
B) a refusal to deal.
C) an exclusive-dealing contract.
D) a price-fixing agreement.
Q4) Price discrimination occurs when a seller charges different prices to competing buyers for identical goods or services.
A)True
B)False
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Chapter 47: Professional Liability and Accountability
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Q1) Hernando, an accountant, helps Industrial Equipment & Supplies Company prepare and file a false federal corporate income tax return. Under the Internal Revenue Code, this is
A) a felony punishable by a fine and imprisonment.
B) no violation.
C) a misdemeanor punishable only by a fine.
D) a civil violation subject to a liability suit but not a crime.
Q2) 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
Q3) In most courts, accountants are subject to liability for negligence only to their clients. A)True
B)False
Q4) Tyson accuses Ulman, an attorney, of committing malpractice. Malpractice is A) constructive fraud.
B) a defalcation.
C) none of the choices.
D) professional negligence.
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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) Many states require a finder of lost property to make a reasonably diligent search to locate the true owner.
A)True
B)False
Q3) A bailment agreement must be express.
A)True
B)False
Q4) Refer to Fact Pattern 48-1. Truck & Transfer can avoid liability
A) by proof that Truck & Transfer was not negligent.
B) by proof that Truck & Transfer's loading dock is in a high-crime area.
C) by proof that United Home was negligent in hiring TTC.
D) under any circumstances.
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Chapter 49: Real Property and Landlord-Tenant Law
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Q1) Vera sells her alluvial acres to Walt. The title is transferred by deed. Vera is
A) the grantee.
B) the grantor.
C) the adverse possessor.
D) the licensor.
Q2) Kelly leases an office from Land & Building Company (LBC) for a four-year term with the rent payable monthly. At the end of the term, Kelly retains possession of the office with LBC's consent and continues to pay monthly rent. This is
A) a periodic tenancy.
B) a tenancy at sufferance.
C) a tenancy at will.
D) a fixed-term tenancy.
Q3) Tropic Breeze Residences, Inc., owns apartment buildings. Suki leases one of Tropic Breeze's apartments. Suki's transfer of her interest in the lease to Vito for a period shorter than the lease term is
A) an assignment.
B) a violation of the law.
C) a periodic tenancy.
D) a sublease.
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Page 51
Chapter 50: Insurance
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Q1) Dan applies for a life insurance policy with Equity Insurance Company through Fletch, an agent who works for Equity. Dan pays the initial premium. Fletch writes a binder, which A) acknowledges the application and promises to consider it. B) attests to the truth of each statement in the application C) evidences receipt of the payment of the initial premium.
D) indicates that a policy is pending and states its essential terms.
Q2) A broker is an agent of an insurance company.
A)True
B)False
Q3) Kailyn obtains an insurance policy that protects her against liability for property damage resulting from the operation of her vehicle. This is A) disability insurance.
B) liability insurance.
C) malpractice insurance.
D) automobile insurance.
Q4) A person can insure anything in which he or she has an insurable interest.
A)True
B)False
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Chapter 51: Wills and Trusts
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Q1) A trust created by a will to come into existence on the settlor's death is an irrevocable living trust.
A)True
B)False
Q2) Kendall executes a separate written instrument to amend her prior will. This separate document is
A) a bequest.
B) a codicil.
C) a devise.
D) a holographic will.
Q3) In his will, Bryson makes a gift of $12,000 to Curtis. This is A) a general bequest.
B) a general devise.
C) a specific bequest.
D) a specific devise.
Q4) The trustee is the person who benefits from a trust.
A)True
B)False
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Page 53
Chapter 52: The Legal Environment of Business
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Q1) Perry, a process server, cannot locate Quinn, the defendant in Rebecca v. Quinn, to serve him with the summons. Perry's legal and effective options for serving process include delivering the summons
A) as an attachment in an e-mail to Rebecca.
B) through a private message to Quinn's Facebook account.
C) via any means over the internet to Facebook.
D) by posting it on any social media forum that Quinn is known to visit.
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) Pay-to-Buy.com, Inc. obtains a patent on an online payment system. The patent is vaguely worded and overly broad. In evaluating the patent, a court is most likely to A) have difficulty, resulting in Pay-to-Buy being targeted by patent trolls.
B) apply the patent broadly.
C) issue a vaguely worded protection order.
D) hold that Pay-to-Buy's business practices are illegal.
Q2) The existence of an ethical duty on the part of Commerce & Trade Company, and other businesses, to prevent an attack by hackers on business computer systems, and consequent theft of customers' and employees' personal data, is evidenced by
A) a business's offer of credit monitoring in the event of a breach.
B) a business's cyber security insurance.
C) the individuals' trust in the business to protect their data.
D) a business's stated "Privacy Policy."
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Chapter 54: Contracts and E-Contracts
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Q1) O'Malley contracts to deliver a crop of organic mandarin oranges to Pete's Natural Produce Mart. An unexpected freeze destroys the oranges in O'Malley's orchard. Pete's insists that O'Malley deliver by acquiring the oranges on the open market. O'Malley claims that this is prohibitively expensive. The best argument against enforcing the contract is
A) frustration of purpose.
B) objective impossibility of performance.
C) anticipatory repudiation.
D) commercial impracticability.
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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Chapter 55: Domestic and International Sales and Lease Contracts
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Q1) 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.
Q2) Web Resource Inc. and World Marketing Ltd., businesses located in different countries, agree to a contract. Like different individuals, Web Resource and World Marketing have different perceptions of what the agreement between them is and what it means to fulfill it. This is because
A) in every country arbitration is the preferred method of dispute resolution.
B) in every country it is acceptable to file an action in a court to resolve a dispute.
C) a business contract is only the expression of the framework of a deal.
D) Web Resource and World Marketing are influenced by different cultures.
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57
Chapter 56: Negotiable Instruments
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Q1) Businesses have been required to switch to digital invoices in A) the European Union.
B) the United States.
C) countries that host the Association of Financial Professionals.
D) the home regions of cloud-based companies.
Q2) Virtual currency has legitimate uses. Laws that apply to virtual currency include all of the following except
A) federal registration requirements.
B) state licensing requirements.
C) the proposed uniform Regulation of Virtual Currencies Act.
D) the Federal Deposit Insurance Corporation regulations.
Q3) 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.
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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) Fred buys a car from Gina online. To assure that the car is delivered in the condition promised, Fred
A) must trust the seller.
B) can use an escrow company.
C) must file a financing statement.
D) may take possession of different property of the seller as collateral.
Q3) Maria borrows funds through the U.S. Department of Education (DOE) to pay for her education. She defaults on the loan. In some states
A) any of the choices.
B) a lien can be placed on the debtor's real property to pay the debt.
C) the debt can be collected by garnishment of the debtor's bank account.
D) the debtor's professional license can be revoked.
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Page 59
Chapter 58: Agency and Employment
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Q1) Nadia, an employee of Omar in Saudi Arabia, engages in a wrongful act without Omar's knowledge or consent. Under the principles of sharia law, responsibility for Nadia's act lies with
A) only Nadia.
B) only Omar.
C) Nadia and vicariously-by extension-to Omar.
D) neither Nadia nor Omar.
Q2) Employer responsibilities and benefits under the Patient Protection and Affordable Care Act are linked to the number of "full-time equivalent" employees. To avoid the requirements of the act, there is evidence that some employers
A) reduce the hours of their employees.
B) employ part-time workers instead of full-time employees.
C) are urging unemployed Americans to remain out of the work force.
D) all of the choices.
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Chapter 59: Business Organizations
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Source URL: https://quizplus.com/quiz/22621
Sample Questions
Q1) Like other online businesses, Amazing.com collects and retains its customers' account numbers and other personal information. Keeping this data private will most likely
A) protect against liability for wrongful disclosure or misuse.
B) comply with federal and state laws that also cover offline businesses.
C) meet the standards of foreign countries' privacy laws.
D) all of the choices.
Q2) Predictive analytics in the digital realm focuses on
A) predicting certain behavior based on certain data.
B) analyzing certain data to predict digital developments.
C) analyzing certain predictions to monitor certain results.
D) predicting certain digital data based on reasoned analysis.
Q3) Bill starts Castaway to market a new line of uniquely designed fishing gear. Delta Bank loans $50,000 to Bill for the project. The bank is most likely to recover the amount of the loan from Bill's personal assets
A) if Bill provides a complete, accurate record of business transactions.
B) if the loan is not subject to an agreement that imposes personal liability.
C) if Bill's business is a sole proprietorship.
D) under no circumstances.
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Chapter 60: Government Regulation
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12 Verified Questions
12 Flashcards
Source URL: https://quizplus.com/quiz/22622
Sample Questions
Q1) To reduce the emission of greenhouse gases through the use of motor vehicle and transportation fuels, the federal government
A) imposes emission standards on cars and trucks.
B) encourages the use of fuel-efficient vehicles.
C) encourages the use of alternative fuels.
D) all of the choices.
Q2) 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.
Q3) Don, like many attorneys, is storing his firm's confidential client information on the cloud. Like other professionals, Don should assume that
A) he does not need to be concerned with keeping the information secure.
B) the cloud provider will take precautions to keep the information secure.
C) he is ultimately responsible for the information.
D) privacy notification requirements are being complied with.
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Chapter 61: Property and Its Protection
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8 Verified Questions
8 Flashcards
Source URL: https://quizplus.com/quiz/22623
Sample Questions
Q1) Bob owns a virtual asteroid near the virtual planet Cosmo in the virtual DeepSpace universe. Property consists of a bundle of rights in anything that has an ascertainable value and is subject to ownership. This definition encompasses
A) intangible objects used in virtual worlds like DeepSpace.
B) digital books, music libraries, and movie downloads.
C) all of the choices.
D) domain names and expensively created Web sites.
Q2) Gwen starts Handy Crafts to advertise and sell ceramic pots, quilts, glass work, and so on. Later, Gwen marries Ivan, who creates and runs the firm's marketing. If Gwen and Ivan divorce, in most states the business will be considered
A) Gwen's separate property.
B) Ivan's separate property.
C) marital property.
D) neither separate nor marital property.
Q3) According to the United States Supreme Court,
A) Metro City can take a parking lot for a privately owned sports stadium.
B) all of the choices.
C) Laborville can condemn a vacant field for a private manufacturing plant.
D) Sleepyton can take residential property for a private corporate complex.
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