Employment Law Practice Questions
Course Introduction
Employment Law explores the legal framework governing the relationship between employers and employees, covering topics such as employment contracts, workplace rights and obligations, anti-discrimination laws, collective bargaining, termination of employment, and occupational health and safety regulations. The course examines key statutes and case law, addressing both individual and collective aspects of employment, as well as recent developments impacting the modern workplace. Students will analyze real-world scenarios to understand how legal principles are applied in practice, preparing them to navigate and manage employment-related issues effectively.
Recommended Textbook
Business Law and the Legal Environment Standard Edition 6th Edition by Jeffrey F. Beatty
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2060 Verified Questions
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Page 2
Chapter 1: Introduction To Law
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Sample Questions
Q1) The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift.The purpose of the hardhats is to protect employees from danger of falling objects.This rule is:
A) an executive order.
B) a statute.
C) common law.
D) administrative law.
Answer: D
Q2) The doctrine of precedent requires:
A) that the victim testify.
B) that the defendent testify.
C) a 12-member jury of the defendent's peers.
D) judges to base rulings on previous cases.
Answer: D
Q3) The case citation Pereda v.Parajon,957 So.2d 1194 (2007)reveals that Pereda is the plaintiff.
A)True
B)False
Answer: False
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Chapter 2: Business Ethics And Social Responsibility
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Sample Questions
Q1) John discovered his company's accountant was "skimming" money from the business.The accountant agreed to pay John a one-time payment of $25,000 not to report the skimming to company officials.The accountant promised she would pay the money back when she could.John accepted the money and never reported what he knew.A year later the accountant was fired when the embezzlement was discovered.She was also prosecuted for theft.The payment to John was never discovered.Which statement is correct?
A) John's act was unethical and illegal.
B) John's act was unethical but not necessarily illegal.
C) John's act was ethical since he believed the accountant would return the money; however, it was illegal.
D) Based on the facts, John's conduct was both ethical and legal given the special circumstances of this case.
Answer: A
Q2) In 1919,Henry Ford was sued because:
A) he used corporate profits to support humanitarian and charitable works.
B) he diverted corporate profits for personal gain.
C) the Dodge brothers wanted a bigger role in management.
D) his factory was deemed to be a sweatshop.
Answer: A
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Page 4
Chapter 3: Dispute Resolution
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Sample Questions
Q1) In a civil case,the plaintiff must prove the case beyond a reasonable doubt.
A)True
B)False
Answer: False
Q2) Hankrin Corp.is incorporated under Delaware law and has its principal place of business in Annapolis.For diversity purposes,it is considered a resident only of Maryland.
A)True
B)False
Answer: False
Q3) An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility.This case:
A) may not be decided by a federal court since it involves a state facility.
B) must be decided by the state court where the inmate established residency before going to prison.
C) is a federal question case over which the federal courts have jurisdiction.
D) cannot be heard, as prisoners lose the right to sue.
Answer: C
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5
Chapter 4: Common Law,Statutory Law,And Administrative Law
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Q1) From tax returns,the Internal Revenue Service (IRS)has information concerning Elizabeth Jones.Generally,the IRS may not divulge this information to the Federal Bureau of Investigation unless Elizabeth has given written consent.
A)True
B)False
Q2) The largest source of new law is court decisions.
A)True
B)False
Q3) Karen is a strong swimmer.One afternoon she is having a picnic at a lake and sees a man she does not know drowning.Generally,Karen:
A) has a legal duty to rescue the man.
B) has a legal duty to rescue the man, but only if her efforts will not pose a serious threat to her own safety.
C) has a legal duty to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations.
D) has no legal duty to rescue the man.
Q4) Discuss the four most important limitations on the power of federal administrative agencies.
Page 6
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Chapter 5: Constitutional Law
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Sample Questions
Q1) The Pines,a small motel in central Georgia,may be subject to federal regulation even though it is not close enough to the state borders to have many guests from other states.
A)True
B)False
Q2) Fundamental rights include all EXCEPT the right to:
A) drive.
B) vote.
C) free speech.
D) travel.
Q3) The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as:
A) judicial restraint.
B) judicial activism.
C) judicial review.
D) the dormant aspect of its judicial power.
Q4) Discuss the Miller test to determine if a creative work is obscene.
Q5) Identify the basic job of a President of the United States,the source of executive power,and three key powers associated with the position of President.
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Chapter 6: Intentional Torts And Business Torts
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Sample Questions
Q1) Which of the following is a true statement about tort reform?
A) Almost all the states have passed statutes limiting the amount a jury can award in a tort case.
B) Congress has proposed and debated bills placing limits on tort awards, but so far has not enacted such legislation.
C) Large medical malpractice awards account for about 60 percent of the dramatic increase in health care costs in the United States during the last two decades.
D) All of the above.
Q2) A salesclerk at Braybon's Department Store observed a customer remove a ring from a display case and put it in her purse.In most states,Braybon's will be able to detain the customer for suspicion of shoplifting.
A)True
B)False
Q3) As assistant manager of a discount department store,you have been asked to review the store's policy concerning shoplifters.(a)Discuss the legal standard used in most states governing the detention of suspected shoplifters.(b)In reviewing the store's policy,discuss some of the items that you will consider.
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Page 8
Chapter 7: Negligence And Strict Liability
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Sample Questions
Q1) Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?
A) An ultrahazardous activity is involved.
B) The defendant had exclusive control of the thing that caused the harm.
C) The harm would normally not have occurred without negligence.
D) The plaintiff had no role in causing the harm.
Q2) Most state legislatures have passed legislation to reimburse crime victims directly through the state government.
A)True
B)False
Q3) Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.
A)True
B)False
Q4) A landowner's highest duty is owed to licensees.
A)True
B)False
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Chapter 8: Crime
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Sample Questions
Q1) Taking a service without paying for it is a common type of larceny.
A)True
B)False
Q2) Every criminal defendant has a right to a jury trial.
A)True
B)False
Q3) Jeff picks up a piece of metal pipe and swings it around,hitting Gary across the back of the head.What factor would be required for Jeff's employer to be liable to Gary?
A) Jeff was at the factory when it happened.
B) Jeff voluntarily hit Gary.
C) Jeff was moving the pipe as part of his work responsiblities when he hit Gary.
D) Gary cannot be an employee of the same company as Jeff.
Q4) A crime is a violation of statutory law.
A)True
B)False
Q5) There is only one valid reason to punish criminals -- deterrence.
A)True
B)False
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Chapter 9: International Law
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Sample Questions
Q1) The European Union is one of the world's most powerful regional associations with 42 member nations as of 2011.
A)True
B)False
Q2) What is a major argument against the GATT Treaty?
A) The United States will have to compete against countries with unlimited pools of exploited labor.
B) The United States will lose millions of jobs involving low-end employment and these types of workers are least capable of finding other employment.
C) Both a and b above are major arguments against GATT.
D) Neither a nor b above is a major argument against GATT.
Q3) Under European Union law,any agreement,contract,or discussion that distorts competition within European Union countries is illegal.
A)True
B)False
Q4) The United States is the world's largest exporter of agricultural products.
A)True
B)False
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11
Chapter 10: Introduction To Contracts
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Sample Questions
Q1) On January 16,Deb offers to sell her waterbed to Colleen for $600.Colleen accepts and agrees to pay Deb $600 on January 27.Which of the following is correct?
A) On January 16, the contract was executory.
B) On January 16, the contract was executed.
C) This contract is a unilateral contract.
D) There is no contract until January 27.
Q2) Rameriz and Cox enter a contract obligating Cox to supply Rameriz with 2,000 bushels of corn by the end of September.Weather conditions are poor and Cox is unable to grow that much corn himself,but could obtain enough to make up the required difference at a financial loss.Discuss the general purpose of contracts and the result of seeking enforcement of this contract both in a court exercising judicial restraint and in a court practicing judicial activism.
Q3) Strawly Corp.runs an "adult bookstore" in Metro City,leasing the building from MegaCorp.Then,Metro City passes an ordinance prohibiting the sales of the types of merchandise found in "adult bookstores." Strawly is still bound to the contract.
A)True
B)False
Q4) Discuss the requirements of promissory estoppel.
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Page 12
Chapter 11: Agreement
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Sample Questions
Q1) Spangel Fashions sends out its spring and summer catalog to Cindy.Cindy falls in love with the cute dress featured on the front cover of the catalog.When Cindy calls to order the dress,she is informed that the company has sold out of the dress.Cindy is upset and claims that the store is in breach of contract.She argues that the catalog presented an offer,which she accepted when she called to order the dress.Is Cindy correct? Why/why not?
Q2) Jack mails an offer to Joan that states,"I offer to sell you my car for $2000.If I don't hear from you in 10 days,I will assume you are willing to buy the car for the stated price." Jack hears nothing by the deadline and assumes he has a deal.What is the result?
A) Jack has a deal. His offer was intended and contains definite terms.
B) Jack has a deal. Joan should have responded saying she is not interested in the car if she didn't want to be bound to the offer.
C) Joan is not bound. Generally an offeree must say or do something to accept an offer.
D) Joan is not bound. Ten days is not a reasonable amount of time to consider the offer and accept by mail.
Q3) What elements are necessary for an offer to be valid? Give two examples of nonoffers.
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Page 13
Chapter 12: Consideration
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Sample Questions
Q1) The UCC requires consideration for agreements modifying contracts for the sale of goods.
A)True
B)False
Q2) An unliquidated debt can be described as:
A) a debt in which both its existence and amount is in dispute.
B) a debt in which the existence or amount is in dispute.
C) a debt disputed by the creditor but not the debtor.
D) a debt undisputed by either party.
Q3) Boris sky dives out of a plane and gets hung up in a tree,hopelessly suspended and swinging precariously in his parachute from the branches of the tree.Natasha sees that he is in trouble and comes to his rescue.Once Boris is safely on the ground,he gratefully promises to give Natasha half of his life savings.When he changes his mind,Natasha will probably be unsuccessful in enforcing his promise.
A)True
B)False
Q4) What two exceptions did the UCC create for accord and satisfaction check cases?
Q5) Discuss the concept of consideration.
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Page 14
Chapter 13: Legality
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Sample Questions
Q1) Marcy and Elliot are both sophisticated merchants who deal in diamonds.Marcy contracted to purchase a diamond for $20,000.The day after the purchase,Marcy took the diamond to a jeweler's show but the highest offer for the diamond was only $10,000.Is Marcy's contract for purchase of the diamond for $20,000 unconscionable?
Q2) A contract most likely will be declared unconscionable if:
A) it is unbalanced, making it unfair to one party.
B) it contains a cancellation clause.
C) it is oppressive and the weaker party did not fully understand the consequences of the agreement.
D) it is signed by a minor for an item of luxury.
Q3) Cynthia and Brian were friends.Brian was a dare devil.Because of his antics,Cynthia thought that Brian wasn't long for this life.Cynthia purchased a life insurance policy on Brian's life.Subsequently,Brian was killed in a car accident.Since Cynthia and Brian were friends,Cynthia had an insurable interest in his life and will be entitled to the insurance proceeds.
A)True
B)False
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Page 15
Chapter 14: Capacity And Consent
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Sample Questions
Q1) Alice offers to sell her car to Barry for $500,and Barry accepts.Alice's car has a market value of $1,000 but this fact is unknown to Alice.The contract is enforceable.
A)True
B)False
Q2) Which of the following is most likely to constitute fraud?
A) A false prediction that a painting's value will rise.
B) A false statement that a used car is "the best deal in town."
C) A false statement that a $30,000 car attracts members of the opposite sex.
D) Silence as to a toxic waste problem on real property that the buyer would not reasonably find.
Q3) Contract rescission can sometimes be based upon a unilateral mistake.
A)True
B)False
Q4) Adrianna wants to purchase a ten-acre tract of land.Under what circumstances would the seller be required to divulge information Adrianna does not possess?
Q5) Discuss the concept of a "material fact" in fraud situations.
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Page 16
Chapter 15: Written Contracts
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Sample Questions
Q1) Amy Hudson has been trying to purchase Glen Cappel's antique desk for some time,but Glen has been reluctant to sell.One evening Glen said to Amy,"Okay,I'll sell the desk for $550." Amy replied,"Thank you,Glen.I accept." The agreement was not reduced to writing,but Glen and Amy did shake hands.Two days later,Amy sent Glen a letter outlining the terms of the agreement,and stating that she would deliver $550 cash according to the agreement within ten days.The letter was signed,"Best regards,Amy." Later,Amy had second thoughts,and refused to go through with the purchase.Nothing had been exchanged at this point.Glen:
A) can enforce the contract against Amy because the statute of frauds is satisfied under this situation.
B) cannot enforce the contract against Amy because her signature was inadequate without her last name under the statute of frauds.
C) cannot enforce the contract against Amy because he did not sign the letter.
D) can enforce the contract because they shook hands on the agreement.
Q2) For the purposes of the statute of frauds,an interest in land includes:
A) a house.
B) a real estate mortgage.
C) an easement.
D) All of the above.
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Page 17
Chapter 16: Third Parties
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Sample Questions
Q1) Contract prohibitions against assignments are invalid as a matter of public policy.
A)True
B)False
Q2) If Ray agrees to rake leaves for Michelle in exchange for Michelle's promise to pay off the debt Ray owes to Dean,then Dean is a donee beneficiary of the agreement between Ray and Michelle.
A)True
B)False
Q3) Discuss the potential liability differences between a delegation and a novation.
Q4) Cheryl enters into a contract with Gabe.In this contract,Cheryl asks Gabe to pay the money he owes her from the contract to her friend Leah because Leah is having financial troubles.Leah is:
A) a third party creditor beneficiary.
B) a third party donee beneficiary.
C) a third party incidental beneficiary.
D) the promisee in the contract.
Q5) Most,but not all,contract rights are assignable.
A)True
B)False
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Chapter 17: Performance And Discharge
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Q1) Buddy was hired to play drums for a rock group scheduled to tour the Midwest.Part way through the tour,Buddy was tragically killed in a plane crash.The tour had to be discontinued until a new drummer could be found.The band lost money on the tour.Is Buddy's estate or agent responsible for the loss to the band?
Q2) Monumental,Inc.contracts with Champion Builders to erect a three-story office building on a parcel of land it has purchased.Before construction begins,the local zoning board changes the zoning of the parcel and those adjoining it to residential use only.Monumental's contract with Champion is discharged.
A)True
B)False
Q3) If a condition does not occur:
A) public policy will require only substantial performance by the party for whom the condition failed.
B) the requirement of good faith will be eliminated.
C) one party will probably be discharged without performance being required.
D) it is considered an anticipatory breach.
Q4) A court may,at times,discharge a party who has not performed.
A)True
B)False
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Chapter 18: Remedies
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Sample Questions
Q1) Solomon breaches his contract with Neal to purchase the 500 pairs of socks he had promised to buy.Neal is able to sell the 500 pairs to Renny for a much lower amount.Neal then sues Solomon for damages.Neal will be able to recover:
A) the amount in the liquidated damages clause.
B) the difference between Solomon's contract price and the amount paid by Renny.
C) Solomon's contract price.
D) an amount which depends on whether Solomon intentionally breached because he found cheaper socks somewhere else.
Q2) The first step a court takes in choosing a remedy is to determine:
A) what interest it is trying to protect.
B) if the damages can be quantified with reasonable certainty.
C) if punitive damages should be awarded.
D) whether the injured party mitigated its damages.
Q3) Most courts hold that a seller of goods is not entitled to consequential damages.
A)True
B)False
Q4) Identify and describe the four principal contract interests a court may seek to protect.
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Page 20
Chapter 19: Practical Contracts
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Q1) Because details can always be added later,it's better to not overwhelm a contract with specifics in the beginning.
A)True
B)False
Q2) Which of the following is NOT one of the three ways to amend a written contract?
A) write and sign an amendment document.
B) verbally agreeing to the changes and shaking hands on the deal.
C) crossing out the mistakes and writing in the corrections.
D) writing a totally new contract with the correct provisions.
Q3) Farmer's Fortune Insurance has a contract with Farmer Fran to insure her crops against insect damage.The contract does not specify which insects are covered or how much damage is necessary to make a claim.The contract will probably be enforced in favor of:
A) Farmer Fran.
B) Farmer's Fortune Insurance.
C) Neither side, as it is ridiculous to try to insure against insects.
D) Cannot determine... would have to go through litigation to decide.
Q4) Define and compare the terms "vagueness" and "ambiguity."
Q5) Outline the focused,multi-step process recommended for reading a contract before you agree to it.
Page 21
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Chapter 20: Introduction To Sales
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Q1) Wayne agrees over the phone to sell L.J.Cartwright 1,000 yards of 1-inch diameter rope.Wayne honestly believes that L.J.Cartwright offered to pay $1.00 per yard whereas L.J.Cartwright actually offered to pay 75 cents per yard.If the parties subsequently take their dispute to court,the fact that L.J.Cartwright admits on the stand that he offered to pay Wayne 75 cents per yard will:
A) prevent L.J.Cartwright from using the statute of frauds to nullify the contract.
B) create an unconscionable contract.
C) make it possible for Wayne to enforce the contract to sell 1,000 yards of rope at a price of 75 cents per yard.
D) Both a and c are correct.
Q2) Harriett raises and sells hippos.In order to keep her hippos happy and healthy,she feeds them Hippo Chow,which she buys from the local pet store.Under the UCC,Harriett is:
A) a merchant of both hippos and Hippo Chow.
B) a merchant of hippos, but not of Hippo Chow.
C) a merchant of Hippo Chow, but not of hippos.
D) not a merchant of either hippos or Hippo Chow.
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Chapter 21: Ownership And Risk
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Questions
Q1) Marco Manufacturing contracted to sell Kurtz Industries 3,000 iron clasps.The contract specified: F.O.B.Kurtz Industries.Upon arrival and inspection,the goods were rejected by Kurtz Industries because they did not conform to the contract specifications.In transit back to Marco Manufacturing,the common carrier's truck overturned and completely destroyed the clasps.Which statement is correct?
A) Marco may sue Kurtz for the contract price, as risk of loss transferred to Kurtz at the F.O.B. point.
B) Kurtz will not be liable for the purchase price. The risk of loss had not yet transferred since the goods were nonconforming.
C) The loss will be split between the parties upon a 50/50 basis.
D) The loss will be assigned to the party who could best bear the loss.
Q2) Baker Furniture sold 50 living room sets to King's Department Store.The parties did not agree on passage of title,but the delivery term was F.O.B.place of shipment.Discuss title and risk of loss regarding the furniture.
Q3) Only one party can have an interest in particular goods at a particular time. A)True B)False
Q4) Discuss the concept of insurable interests.
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Page 23
Chapter 22: Warranties And Product Liability
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Sample Questions
Q1) Ned sold his refrigerator to his next door neighbor,Ian.Ned fails to tell Ian he has not finished paying for the refrigerator and Neighborhood Bank has a lien on it.
A) Ned has breached the warranty against infringement.
B) Ned has breached the warranty of title.
C) Ned has breached the warranty of merchantability.
D) Ned has not breached any warranties because he did not guarantee that the refrigerator was free and clear of security liens.
Q2) The UCC requires sellers to give written warranties.
A)True
B)False
Q3) Under the UCC,no warranty of title arises unless the contract is in writing.
A)True
B)False
Q4) Which one of the following warranties arises in a sale of goods?
A) Implied warranty of title.
B) Warranty against adverse possession.
C) Implied warranty of quiet enjoyment.
D) All of the above arise in a sale of goods.
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Chapter 23: Performance And Remedies
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Q1) A buyer who is unable to obtain cover:
A) will be limited to the remedy of incidental damages.
B) will be limited to the remedy of consequential damages.
C) will lose the money or goods invested in the breached contract.
D) may be allowed the remedy of specific performance.
Q2) In some industries it is a routine practice to draft contracts permitting imperfection in the seller's goods,thereby limiting the effect of the perfect tender rule by the parties' agreement.
A)True
B)False
Q3) The Code's requirement of good faith in the performance and enforcement of every contract imposes:
A) a greater duty on merchants than consumers.
B) a greater duty on consumers than merchants.
C) the same duty on both consumers and merchants.
D) a greater duty on parties to a sales contract with the purchase price over $500.
Q4) Discuss the UCC rules on the limitation of damages in a contract.
Q5) Identify seven possible remedies for a buyer when the seller breaches a contract.
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Chapter 24: Secured Transactions
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Q1) Morefield Custom Design sends 30 recliners by rail to Danville Furniture.To show where the goods will be shipped and who gets them when they arrive,Morefield will obtain ____,which can be used as collateral in a secured transaction.
A) a warehouse receipt.
B) a bill of lading.
C) chattel paper.
D) a deposit account.
Q2) A security interest in money may be perfected by:
A) filing a financing statement.
B) creating a PMSI.
C) possession only.
D) redemption.
Q3) First Bank loaned $400,000 to Thomas,taking a security interest in his yacht.Thomas defaulted on the loan and First Bank repossessed the boat.First Bank sold the yacht at a public sale.The sale yielded $50,000 more than the debt.First Bank:
A) must pay Thomas the $50,000.
B) is entitled keep the $50,000.
C) must share the $50,000 equally with Thomas.
D) must pay the surplus to the Secretary of State.
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Page 26
Chapter 25: Creating A Negotiable Instrument
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Q1) Commercial paper is a contract to pay money.
A)True
B)False
Q2) Trisha loaned Brian $600 evidenced by a promissory note.When Brian paid off the loan,he did not ask Trisha for the note.She sold it to Carin,a holder in due course.Brian does not have to pay Carin since he already paid Trisha the full $600.
A)True
B)False
Q3) A possessor of non-negotiable paper has the same rights as the person who made the original contract.
A)True
B)False
Q4) There are three parties on a promise instrument: the maker,the drawee,and the payee.
A)True B)False
Q5) A claim in recoupment can be used against a holder in due course.
A)True B)False
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Chapter 26: Liability For Negotiable Instruments
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Q1) Verne has possession of a draft that has been validly negotiated to him.His payment process necessarily includes:
A) presentment of the draft, dishonor, and notice of dishonor.
B) exhibiting the instrument, showing reasonable identification, and surrendering the draft if it is paid in full.
C) exhibiting the draft, providing a thumbprint signature, and giving a receipt.
D) suspending the underlying debt, applying the shelter rule, and making a demand for payment.
Q2) Drawers and indorsers are secondarily liable on negotiable instruments.
A)True
B)False
Q3) An accommodation party and a co-maker of a note have the same liability on an instrument.
A)True
B)False
Q4) Negotiable instruments are normally issued to fulfill a contract.
A)True
B)False
Q5) List the warranties a transferor of a negotiable instrument makes.
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Chapter 27: Accountants' Liability
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Q1) The Big Four accounting firms spend about what percentage of their revenue on litigation,including settlements and insurance?
A) Less than five percent.
B) Between 10 and 20 percent.
C) About 25 percent.
D) Over 30 percent.
Q2) An accountant is liable for fraud to:
A) only her client.
B) only her client and any known user of her information.
C) any foreseeable user of her work product who justifiably relied on it.
D) any third party who used the information contained in her work product.
Q3) If a plaintiff is successful in proving that an auditor has violated Section 10(b)of the 1934 Act,the auditor has:
A) primary liability.
B) secondary liability.
C) contingent liability.
D) rebuttable liability.
Q4) Discuss how SEC rules affect the legal and the ethical relationship between accountants and the companies they audit.
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Chapter 28: Agency Law
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Q1) Kaiya is a sales representative of TriColor.Kaiya owes a fiduciary duty to TriColor.
A)True
B)False
Q2) Pamela hired Lena to sell her business.Lena:
A) can buy the business as long as the price is fair.
B) can buy the business as long as she qualifies for financing. C) can buy the business only with Pamela's permission. D) cannot buy the business under any circumstances.
Q3) You cannot be held liable for the actions of your agents if the agents are violating your instructions.
A)True
B)False
Q4) Larry decided to relocate to Germany.Larry hired Happy Homes,Inc.to find a buyer and contract for the sale of his house in the U.S.The agency relationship between Larry and Happy Homes must be evidenced with a written agreement.
A)True
B)False
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Chapter 29: Employment Law
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Q1) ADA reasonable accommodations may include:
A) modification of equipment.
B) ramps for accessibility.
C) flexible work schedules.
D) All of the above.
Q2) Which of the following may be a legitimate,nondiscriminatory criterion for selection of an employee?
A) Age.
B) Race.
C) Color.
D) Educational level.
Q3) Whistleblowers are employees who disclose illegal behavior on the part of their employers.
A)True
B)False
Q4) It is legal for a private employer to use lie detector tests as part of its usual hiring process.
A)True
B)False
Q5) Discuss the requirements of the Family and Medical Leave Act.
Page 31
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Chapter 30: Labor Law
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Q1) Kelly is upset with her supervisor and believes his conduct violates the terms of her union's collective bargaining agreement (CBA).The union filed a grievance on Kelly's behalf.Who will conduct the grievance hearing?
A) The U.S. Court of Appeals.
B) The National Labor Relations Board.
C) A member of the company's management team.
D) A replacement worker.
Q2) Joan was unhappy with her union's decision not to file a grievance about one of her complaints.Consequently,she publicly criticized the union officials.Since Joan went public with her criticism,the union can discipline her.
A)True
B)False
Q3) The management and union at TriColor have bargained for two years without reaching an agreement.After notifying the union,TriColor prohibited the workers from entering the factory to work.This is a lockout.
A)True
B)False
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Chapter 31: Starting A Business
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Q1) Which of the following transactions would be considered by the IRS to be a taxable sale of assets? Changing the form of business from:
A) a corporation to an LLC.
B) a partnership to an LLC.
C) an LLC to a corporation.
D) All of the above.
Q2) Which of the following would not be personally liable for the debts of the business?
A) A sole proprietor.
B) A partner in a general partnership.
C) A general partner in a limited liability limited partnership.
D) A general partner in a limited partnership.
Q3) Seventy farmers in Morgan County joined together to gain the advantages of purchasing seed and fertilizer in bulk and of obtaining better prices when distributing and selling their crops.These farmers have formed a:
A) business trust.
B) cooperative.
C) franchise.
D) joint venture.
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Chapter 32: Partnerships
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Q1) Kyle,Pedro,and Madeline form a partnership.There is no agreement as to the duration of the partnership.The partnership is a partnership at will.
A)True
B)False
Q2) Debbie is a partner with Adam and Marty.She sells her interest in the partnership to Craig.Which statement below is the most accurate?
A) Adam and Marty must approve the sale for Craig to become a full partner.
B) Either Adam or Marty must approve the sale of Debbie's interest.
C) Craig has a right to become a full partner once he buys Debbie's interest.
D) None of the above is correct.
Q3) Ending a partnership involves which of the following three steps?
A) Dissolution, winding up, and termination.
B) Dissociation, winding down, and consummation.
C) Failure, dividing up, and paying off.
D) Dissociation, agreement, and dissolution.
Q4) A partnership can only be held liable for the partners' authorized acts.
A)True
B)False
Q5) Identify and briefly discuss the management rights and duties of a partner.
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Chapter 33: Life And Death Of A Corporation
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Q1) Laurie is incorporating her business.Laurie's home state is Wisconsin.Business will be conducted in California,Michigan,Pennsylvania,and Virginia.Laurie:
A) must incorporate the business in Wisconsin, the home state.
B) must incorporate the business in Wisconsin, California, Michigan, Pennsylvania and Virginia.
C) must incorporate in Delaware.
D) can incorporate the business in any state.
Q2) A corporation is not allowed to issue dividends to shareholders unless it is solvent.
A)True
B)False
Q3) A corporation must have a registered agent within the state of incorporation only if the corporation maintains an office in that state.
A)True
B)False
Q4) Discuss how a corporation is terminated.
Q5) Identify four circumstances that might persuade a court to pierce the corporate veil.
Q6) What are some of the advantages for a business to incorporate in Delaware?
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Chapter 34: Corporate Management
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Q1) The Lippman v.Shaffer case held that:
A) the business judgment rule did not apply to the case.
B) the business judgment rule protected the board's decision to make the payments in question.
C) there was a contractual duty for the board to make the payments in question.
D) the motion for summary judgment was denied.
Q2) In the Unocal Corp.v.Mesa Petroleum Co.case,the court said the board of directors could act with the primary goal of keeping themselves in office.
A)True
B)False
Q3) The term "corporate manager" refers to:
A) directors.
B) corporate officers.
C) Both of the above.
D) None of the above.
Q4) Major Corporation wants to acquire control of Forte Company.What are some legal steps Forte can take to resist a hostile takeover?
Q5) List and discuss the three ways to acquire control of a corporation.
Q6) What is the definition of the business judgment rule?
Page 36
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Chapter 35: Shareholders
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Q1) A corporation's obligation to provide shareholders with financial information:
A) depends on whether the company is publicly or privately held.
B) depends on the requirements of the Model Business Corporation Act, which is widely followed in regard to the shareholders' right to information.
C) is extensive and is carefully regulated by the SEC if the company is privately held.
D) All the above.
Q2) Charles owns 1,000 shares of stock in Temperan,Inc.Charles wants to obtain corporate records including the corporation's minute book and accounting records.Under the Model Act,Charles is entitled to this information if he requests it in good faith and:
A) he has a proper purpose.
B) he owns at least 1 percent of the company or $2,000 of stock.
C) he is an employee of Temperan.
D) he is a controlling shareholder.
Q3) Controlling shareholders have no fiduciary responsibility to minority shareholders.
A)True B)False
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Chapter 36: Securities Regulation
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Questions
Q1) Premier Enterprises sold Watson unregistered stock which was not exempt.The 1933 Act imposes liability on Premier,and Watson can demand rescission if he still owns the stock.
A)True
B)False
Q2) A defense to a civil action brought under Section 10(b)and Rule 10b-5 of the 1934 Act would be:
A) that the statute of frauds was not observed.
B) that the seller of the securities was not in privity of contract with the plaintiffs.
C) that the sellers did not intentionally or recklessly make a false representation.
D) All of the above.
Q3) Any securities offerings covered by the NSMIA must comply with state securities laws.
A)True
B)False
Q4) Securities issued by banks are exempt from SEC registration.
A)True
B)False
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Chapter 37: Bankruptcy
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Q1) Forever Yours,Inc.has a secured and perfected security interest in Sally's big-screen TV.On the filing date of Sally's Chapter 7 petition,the balance of the debt owed to Forever Yours is $2,000.The value of the TV is estimated at $1,500.This means that Forever Yours: A) is secured for the entire debt, $2,000.
B) is unsecured for $500, the excess of the debt over the value of the TV.
C) has a high priority claim of $500. This means that Forever Yours, Inc. will be allowed $500 worth of other unsecured property before other unsecured creditors get anything. D) is unsecured for the entire debt.
Q2) Andy's business is not able to pay its debts,and the prospects for its finances to improve are slim.Andy decides not to continue the business.In this case,Andy should file a voluntary petition for which type of bankruptcy?
A) Chapter 7.
B) Chapter 11.
C) Chapter 13.
D) Chapter 12.
Q3) What are the three main purposes of the federal Bankruptcy Code? How are these purposes supported and fostered in the Code?
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Chapter 38: Antitrust
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Q1) The Sherman Act was designed to prevent extreme concentrations of economic power.
A)True
B)False
Q2) Under modern antitrust law analysis,a company with a market share between 70 and 90 percent has a monopoly.
A)True
B)False
Q3) In the case of United States v.Waste Management,Inc.,the U.S.Court of Appeals had to consider whether a merger of two large trash removal services was illegal.The merger created a company that controlled nearly 50 percent of the Dallas,Texas regional market.The court ruled that:
A) such merger created a presumption of illegality.
B) the merger was not illegal since it did not substantially lessen competition in the relevant market.
C) Both of the above are correct.
D) None of the above.
Q4) Discuss when monopoly power is not a violation of Section 2 of the Sherman Act.
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Chapter 39: Consumer Law
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Q1) Millie ordered clothes from a mail order catalog.No time was specified as to when the goods would be shipped.In such a case the FTC requires that the company must ship the goods to Millie:
A) within 3 business days after receiving the order.
B) within 10 business days after receiving the order.
C) within 30 days after receipt of the order.
D) within a reasonable time and within time lines consistent with industry standards.
Q2) Richard received his credit card bill and noticed an error.He wrote to the company the next week,pointing out the error in his bill.Under the law,what is the credit card's obligation once it receives Richard's letter?
Q3) Brooke uses her credit card to purchase a lawn mower at the local "big box" hardware store,but when she tries to use the mower for the first time,she finds it is not self-propelled as advertised.Does she have any recourse?
Q4) "Bait and switch" tactics are not a violation of FTC rules if the consumer is given a choice of which product to buy.
A)True
B)False
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Chapter 40: Environmental Law
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Q1) The Toxic Substances Control Act regulates:
A) chemicals other than pesticides, foods, drugs, and cosmetics.
B) insecticides.
C) natural gas.
D) pesticides.
Q2) Weste,Inc.decided to expand by building a $50 million manufacturing facility.The expansion is not regulated or approved by the government.Nevertheless,Weste must prepare an environmental impact statement.
A)True
B)False
Q3) Foiler Manufacturing,a new corporation,estimates it may generate approximately 200 kilograms of hazardous waste each month.Discuss the EPA requirements it faces in relation to this waste.
Q4) A person who violates the Clean Water Act can face possible imprisonment in addition to other penalties.
A)True
B)False
Q5) Discuss the purpose of and problems with the Kyoto Protocol from the perspective of the United States.
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Chapter 41: Cyberlaw
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Q1) Daniel went onto an Internet message board and found that his ex-wife,Faye,had posted a message calling him a fat,insensitive jerk who only cared about watching sports on TV.Does Daniel have any protection against Faye's making such statements to a potentially large number of readers,some of whom may know Daniel and some of whom may not?
Q2) The European Union prohibits the transfer of personal customer information to countries that lack adequate privacy protection.
A)True
B)False
Q3) The CAN-SPAM Act:
A) applies to virtually all promotional e-mails, whether or not the sender has a pre-existing relationship with the recipient.
B) provides unavoidable requirements for senders of promotional e-mails.
C) requires recipients of unsolicited, pornographic e-mails to notify the Justice Department.
D) requires senders of promotional e-mails to provide a valid return address, which may be a post office box or a specific physical location.
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Chapter 42: Intellectual Property
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Q1) Explain what a domain name is.Discuss if and how a domain name can be registered as a trademark or if a trademark can be registered as a domain name.
Q2) Unlike with patents,the ideas underlying copyrighted material need not be novel.
A)True B)False
Q3) Ernest invents a novel,useful,nonobvious product.He:
A) must apply for a patent within one year of selling the product commercially.
B) is entitled to a patent over someone else who invents the same product if he is the first to file an application.
C) may receive patent protection for two years by filing a simpler, shorter, cheaper provisional patent application while he is working on his complex, regular patent application.
D) may sell his product for up to five years to see how well it sells before going through the complex process of filing a patent application with the PTO Office.
Q4) Briefly discuss a patent,copyright,and trademark.
Q5) A design patent protects the appearance of an item and is valid for 14 years.
A)True B)False
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Chapter 43: Real Property And Tenant-landlord Law
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Q1) Liz and Jeff live in California,a state that recognizes community property.Jeff is a machinist who makes $30,000 a year.Liz is the owner of a franchise where her take-home profit is approximately $75,000 a year.Jeff and Liz purchased a house during their marriage wherein Liz paid three-fourths of the purchase price and Jeff paid one-fourth.Which of the following statements is correct with regard to Jeff and Liz?
A) Each owns one-half of the real property and other assets they acquire during the marriage.
B) The community property rules allow Jeff and Liz to maintain separate ownership of assets they each bring to the marriage or inherit.
C) Community property cannot be sold by Jeff or Liz without consent by the other.
D) All of the above are correct.
Q2) Real property consists of:
A) buildings.
B) air rights.
C) plant life.
D) All of the above.
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Chapter 44: Personal Property And Bailment
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Q1) Discuss a bailor's liability for defects in the bailed property.
Q2) A bailment is different from a gift because:
A) a gift requires consideration, but a bailment does not.
B) a gift requires delivery, but a bailment does not.
C) in a bailment, only possession of the property is transferred to the bailee, whereas with a gift, both possession and ownership must pass to the donee.
D) a gift is always a contract, but a bailment is generally not a contract.
Q3) Tommy is going to have heart surgery.He is afraid that he will not survive,so he gives his favorite ring to his friend,Rod.Rod is aware of Tommy's apprehensions.Tommy survives the surgery and wants his ring back.Who is entitled to the ring and why?
Q4) Which of the following is/are generally subject to a standard of strict liability for bailed goods?
A) Contract carriers and common carriers.
B) Common carriers and innkeepers.
C) Common carriers.
D) Contract carriers.
Q5) Distinguish between a contract and a gift.Give an example of each.
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Chapter 45: Planning For The Future: Wills,Trusts,And Insurance
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Q1) Mountain Ridge Bank has been named trustee for a $100,000 trust Fred and Martha Betts established for "the living children of the grantors." List the requirements for establishing a trust.Identify the primary obligation of the trustee and discuss the fiduciary duty of the trustee.
Q2) Property of a person who dies without a will is distributed according to intestacy laws.
A)True
B)False
Q3) If Walter becomes incompetent to manage his affairs:
A) his chosen attorney-in-fact can make decisions for him if he appointed the person in a durable power of attorney with a springing power to become effective upon Walter's incompetence.
B) a court will appoint a guardian if Walter had no power of attorney.
C) his will becomes effective, and his executor or executrix will manage his business and personal decisions.
D) Both a and b are correct.
Q4) Identify four ways a trust can be terminated.
Q5) Discuss the differences between a will and a trust.
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