Employment Law
Question Bank
Course Introduction
Employment Law examines the legal framework governing the relationship between employers and employees. This course explores key topics such as employment contracts, employee rights, workplace discrimination, health and safety regulations, wrongful dismissal, and collective bargaining. Students will analyze statutory and case law that shapes employment practices while developing a critical understanding of how legal principles are applied in real-world workplace scenarios. The course also addresses recent trends and developments in employment legislation, preparing students to navigate the legal complexities of the modern workforce.
Recommended Textbook
The Legal Environment Today 8th Edition by Roger LeRoy Miller
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28 Chapters
1818 Verified Questions
1818 Flashcards
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Page 2
Chapter 1: Business and Its Legal Environment
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Sample Questions
Q1) Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.
A)True
B)False
Answer: True
Q2) Americans with a Better Cause (ABC), a nonprofit organization, files a suit against the U.S.Department of Justice (DOJ), claiming that a certain federal statute the DOJ is empowered to enforce conflicts with the U.S.Constitution and with a state constitution.In each situation, which source of law has priority?
Answer: The U.S.Constitution is the supreme law of the land.A law in violation of the Constitution, no matter what its source, will be declared unconstitutional and will not be enforced.Thus, the federal statute does not have priority over the Constitution.The federal statute would have priority over the state constitution, however, because under the U.S.Constitution, when there is a conflict between a federal law and a state law, the state law is rendered invalid..
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Chapter 2: Business Ethics
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Sample Questions
Q1) David, the chief accounting officer of Tension Fencing Corporation, wants to be sure that all the company's accounts are legal and ethical.Sometimes, however, he is unsure exactly what is legal and what is illegal.David should
A)not worry about what is legal or illegal as long as the corporate executives benefit in the short run.
B)try his best to not do anything illegal and keep documentation showing that he always acts in good faith.
C)not worry about what is legal or illegal as long as it benefits the shareholders.
D)not worry about what is legal or illegal as long as it benefits the chief executive of the corporation.
Answer: B
Q2) Business ethics is not more complicated than personal ethics.
A)True
B)False
Answer: False
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Chapter 3: Courts and Alternative Dispute Resolution
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Sample Questions
Q1) Any judgment is enforceable.
A)True
B)False Answer: False
Q2) The United States Supreme Court has original jurisdiction in some situations.
A)True
B)False Answer: True
Q3) Lawyers are not allowed to represent people in small claims courts in any of the states.
A)True
B)False
Answer: False
Q4) Generally, a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states.
A)True
B)False
Answer: False
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Page 5
Chapter 4: Business and the Constitution
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Sample Questions
Q1) Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends.The t-shirts are an example of
A)unprotected speech.
B)controlled speech.
C)symbolic speech.
D)illegal speech.
Q2) Martin, a U.S.citizen, feels that a recently enacted federal law is unfair.He assembles a group of friends and they write a petition to the government.Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair.Under the First Amendment, Martin has a right to
A)petition the government, but not to assemble a group peaceably.
B)assemble peaceably, but not to petition the government.
C)both petition the government and assemble peaceably.
D)neither petition the government nor assemble peaceably.
Q3) The Fourteenth Amendment guarantees a right to due process of law.
A)True
B)False
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Chapter 5: Torts and Strict Liability
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Q1) After two years of research and the investment of considerable funds, Coast-to-Coast Company (CC) develops a new product that it hopes will produce substantial profits.CC learns that a competitor, National Sales, Inc., has made and begun to sell a nearly identical product.CC learns from a reliable source that National paid a CC employee to obtain the plans for CC's product while it was in development.What legal recourse does CC have against National?
Q2) Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of A)all risks.
B)hidden risks.
C)obvious risks.
D)no risks.
Q3) Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation.
A)True
B)False
Q4) Self-defense is a defense to an allegation of both assault and battery.
A)True
B)False
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Chapter 6: Criminal Law and Cyber Crime
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Sample Questions
Q1) Mary enters a gas station and points a gun at the clerk.She then forces the clerk to open the cash register and give her all the money.Mary can be charged with A)robbery.
B)forgery.
C)larceny.
D)embezzlement.
Q2) A criminal case must be proved beyond a reasonable doubt.
A)True
B)False
Q3) Bruno is a businessperson with investments in legal and illegal operations.Bruno may be subject to penalties under RICO
A)for making an unprofitable, but legal, investment.
B)for the commission of any business fraud.
C)only in a case involving a "racket."
D)only in a case involving organized crime.
Q4) Embezzlement can be committed only by physically taking property from the possession of another.
A)True B)False
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Chapter 7: International Law in a Global Economy
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Sample Questions
Q1) Metallic Metals, Inc., a U.S.firm, files a suit against a Venezuela government agency.The agency has committed a tort in the United States.Under the Foreign Sovereign Immunities Act
A)the Venezuelan government agency is not immune from the jurisdiction of the U.S.courts.
B)the Venezuelan government agency is immune from the jurisdiction of the U.S.courts.
C)Metallic Metals cannot bring a suit against the Venezuelan agency.
D)Metallic Metals must file suit in Venezuela.
Q2) Savory Cooking Sauces, Inc., a U.S.business firm, makes and sells distinctively flavored cooking sauces.Although the recipes are secret, the ingredients could be revealed and the sauces could be reconstructed with diligent efforts.What can Savory do to prevent its products from being "decoded" and pirated abroad?
Q3) Under the principle of comity, one nation may defer and give effect to the laws and judicial decrees of another country.
A)True
B)False
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Page 9
Chapter 8: Intellectual Property Rights
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Sample Questions
Q1) College Copy Shop (CCS) compiles, copies, and sells reading materials to students.The compilations are prepared on the instructions of professors, who indicate which parts of which publications should be included for their students.The copied materials include texts published by Deep Topics, Inc.CCS does not obtain the permission of Deep Topics, or any of the other original publishers of the copied materials, and does not pay royalties on the sales of the compilations.Deep Topics and others file a suit against CCS, alleging infringement of their intellectual property rights.Which type of intellectual property is involved in this situation? What is CCS's likely defense? How is a court most likely to rule? Explain.
Q2) New Apps Company develops "Browser Lite" software, which speeds the display of graphics on Web sites.Browser "Lite" has the most copyright protection under A)the Berne Convention.
B)the Paris Convention. C)the TRIPS Agreement. D)the Madrid Protocol.
Q3) A trade name can be protected if it is unusual or fanciful.
A)True
B)False
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Page 10
Chapter 9: Internet Law, Social Media, and Privacy
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Sample Questions
Q1) Social media posts are routinely included in discovery in litigation.
A)True
B)False
Q2) Cybersquatting occurs when key words are inserted into the hyper text markup language code to tell Internet browsers specific information about a Web page.
A)True
B)False
Q3) Federal law permits the intentional accessing of stored electronic communication even if the accessing is unauthorized.
A)True
B)False
Q4) Employers cannot monitor employees' electronic communications made in the ordinary course of business.
A)True
B)False
Q5) An Internet service provider is liable for any act of copyright infringement by its customer.
A)True
B)False
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Chapter 10: The Formation of Traditional and E-Contracts
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Sample Questions
Q1) Intoxicated but still capable of comprehending the consequences of her actions, Cricket signs a contract to sell her phone app design to Downloads, Inc.This contract is
A)unenforceable because Cricket was intoxicated.
B)enforceable.
C)unenforceable if Cricket disaffirms it.
D)unenforceable if Downloads disaffirms it.
Q2) Moby negotiates a contract with Nora via e-mail.It is reasonable to infer that Moby has consented to
A)transact business electronically.
B)submit to the jurisdiction of any selected forum.
C)respond to any message sent to that e-mail address.
D)nothing.
Q3) Following negotiations, Office Park, Inc., enters into an informal contract with Quality Janitorial Company for custodial services for Office Park's buildings.This means that the parties' contract
A)requires no special form.
B)is freely open to either party's interpretation.
C)is subject to change by either party, within reason.
D)is not yet completely formed.
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Page 12
Chapter 11: Contract Performance, Breach, and Remedies
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Sample Questions
Q1) Ordinarily, a waiver by a contracting party will not operate to waive subsequent, additional, or future breaches of contract.
A)True B)False
Q2) A contract may not be enforceable if one party is aware that the other party made a mistake of fact.
A)True B)False
Q3) When a party's performance is perfect, it is said to be complete.
A)True B)False
Q4) Refer to Fact Pattern 11-1.Any contract with AgriCo-op that includes the mistake may be rescinded
A)if AgriCo-op knew or should have known of the mistake.
B)if Lewis's supervisor did not know of the mistake.
C)if Silos knew or should have known of the mistake.
D)under no circumstances.
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Chapter 12: Sales, Leases, and Product Liability
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Sample Questions
Q1) Ferris is refinishing his kitchen floor and needs a floor sander to complete the job.Ferris's neighbor Gerda suggests that he call Home Repair Rentals, Inc.Home Repair leases Ferris a floor sander.In this transaction, the lessor is A)Ferris.
B)Gerda.
C)Home Repair.
D)none of the parties.
Q2) Every sale or lease by a merchant who deals in goods of the kind sold or leased automatically gives rise to an implied warranty of merchantability.
A)True
B)False
Q3) The parties to a sales or lease contract can expressly provide for remedies in addition to those provided in the UCC.
A)True
B)False
Q4) An expression of opinion will usually create a warranty.
A)True
B)False
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Chapter 13: Creditor-Debtor Relations and Bankruptcy
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Q1) In a Chapter 11 case, the court cannot confirm a reorganization plan over the objections of a class of creditors.
A)True
B)False
Q2) A homestead exemption allows a debtor to subtract the value of the family home from the amount of a debt.
A)True B)False
Q3) An individual debtor cannot exempt or exclude any property from the bankruptcy. A)True B)False
Q4) Bess wishes to appeal a decision of a bankruptcy court.Bess may appeal to A)no court-there is no appeal from a bankruptcy court decision. B)a federal district court.
C)the U.S.Supreme Court.
D)a state court.
Q5) Only a few types of property-a debtor's wages or bank account, for example-can be garnished.
A)True
B)False
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Chapter 14: Small Business Organizations
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Sample Questions
Q1) Silvano owns Textbooks Plus, a sole proprietorship that sells textbooks and other school supplies.When Silvano dies, Textbooks Plus will automatically A)dissolve.
B)pass to Silvano's heirs.
C)pass to the state.
D)be offered for sale to its creditors and competitors.
Q2) A partner always has the power and the right to dissociate from the partnership. A)True
B)False
Q3) Felipe is a member of Great States Trucking LLC.Felipe's relationship to Great States ends, but the firm continues to do business.This is A)dissociation.
B)dissolution.
C)winding up.
D)wrongful.
Q4) A sole proprietor has unlimited liability for all obligations that arise in doing business. A)True B)False
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Chapter 15: Corporations
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Sample Questions
Q1) Lyla is a common shareholder in Norman's Nutty Nuts Corporation.As a common shareholder, Lyla is
A)guaranteed regular payments of dividends.
B)not guaranteed any payments of dividends.
C)not given any voting rights.
D)liable for all of Norman's Nutty Nuts's debts.
Q2) VeriVisual Company makes HD 3D film and video equipment.VeriVisual is like most corporations in that its officers are hired by the firm's A)board of directors.
B)incorporators.
C)other officers.
D)shareholders.
Q3) Officers and employees of Apples Corporation and Oranges Corporation are convicted of conspiring to violate a federal law that is punishable by a term of imprisonment and a fine.Can Apples and Oranges be held liable for these crimes? If so, how can they be punished?
Q4) Every shareholder is entitled to examine specified corporate records.
A)True
B)False
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Chapter 16: Agency Relationships
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Sample Questions
Q1) An independent contractor is an employee.
A)True
B)False
Q2) Employees who deal with third parties are agents of their employers.
A)True
B)False
Q3) Delite Candy Company hires Elton to sell Delite's products in a certain area.Delite agrees to pay Elton a salary, plus commission, for a trial period.They also agree that Elton can sell using any methods and during any hours that seem appropriate.The most important factor in whether Elton is Delite's employee is
A)the amount of Elton's salary.
B)the control Delite has over the details of the work.
C)the length of the trial period.
D)the title that designates Elton's position.
Q4) An agency can terminate once its purpose is achieved.
A)True
B)False
Q5) For an agent's implied authority to be effective, a principal must ratify it.
A)True
B)False
Page 18
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Chapter 17: Employment, Immigration, and Labor Law
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Q1) Which of the following is not a common form of electronic surveillance of employees in the workplace?
A)Reviewing employees' emails
B)Requiring employees to wear electronic location monitoring bracelets
C)Video-recording job performance
D)Listening to employees' telephone conversations
Q2) During a union election campaign, Sapphire Blue Finance Company prohibits on-site solicitations by Credit Workers Union, which is seeking the workers' unionization, while permitting charities to solicit the same workers.This violates
A)federal labor law.
B)federal elections law.
C)federal employment discrimination law.
D)no federal law.
Q3) A whistleblower is an employee who reveals confidential information about a fellow employee to an employer.
A)True
B)False
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Page 19
Chapter 18: Employment Discrimination
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Q1) Title VII of the Civil Rights Act does not apply to employers with only five employees.
A)True
B)False
Q2) There is no cap on damages for discrimination in violation of the Civil Rights Act.
A)True
B)False
Q3) When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.
A)True
B)False
Q4) Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship.
A)True
B)False
Q5) The Civil Rights Act does not prohibit job discrimination in the hiring process. A)True
B)False
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Page 20
Chapter 19: Powers and Functions of Administrative Agencies
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Q1) If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.
A)True
B)False
Q2) Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.
A)True
B)False
Q3) The U.S.Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation.The USPTO can legitimately gain access to the records through A)agency coercion.
B)infiltrating Verity's computers without the firm's knowledge.
C)public comment.
D)Verity's consent.
Q4) Only experts can submit comments on a proposed administrative rule.
A)True
B)False
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Chapter 20: Consumer Protection
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Sample Questions
Q1) Drugs can be test-marketed to the public before they are ensured to be safe and effective.
A)True
B)False
Q2) Jasmine receives an unsolicited credit card in the mail and tosses it on her desk.Without Jasmine's permission, her roommate Ilene uses the card to buy a new tablet for $500.Jasmine is
A)liable for $500.
B)liable for $250.
C)liable for $50.
D)not liable for any amount.
Q3) SmartPhone Company's ad states that its product is "The Best that Money Can Buy." Because of this ad, the Federal Trade Commission is most likely to issue
A)a cease-and-desist order.
B)a counteradvertising order.
C)a multiple product order.
D)none of the choices.
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22
Chapter 21: Environmental Law
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Sample Questions
Q1) Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land.For this action, an environmental impact statement is
A)prohibited.
B)required.
C)unnecessary.
D)voluntary.
Q2) BioChemical Disposal Corporation operates a hazardous waste storage facility.ChemCo Inc.buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA.With respect to these violations, Superfund imposes on ChemCo
A)strict liability.
B)liability under the nuisance doctrine.
C)liability on a negligence theory.
D)no liability.
Q3) The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.
A)True
B)False
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Chapter 22: Real Property and Land-Use Control
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Q1) Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass.Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project.Nathan's Deli is adjacent to the project.Nathan's loses most of its business when the residents are moved.Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation.What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?
Q2) Jessie owns a single-family home.With respect to this structure, most likely to meet the definition of a fixture is
A)the furniture in the bedrooms, dining room, and great room.
B)the SUV parked in front of the house.
C)the RV parked on a concrete pad next to the driveway.
D)the plumbing in the kitchen and bathrooms.
Q3) It is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.
A)True
B)False
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24
Chapter 23: Antitrust Law and Promoting Competition
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Q1) A trade association practice or agreement that restrains trade is analyzed under the rule of reason.
A)True
B)False
Q2) Thermo Gas, Inc., and Uno Oil Corporation refine and sell gasoline and other petroleum products.To limit the supply of gas on the market and thereby raise prices, Thermo Gas and Uno Oil agree to buy "excess" supplies from dealers and "dispose" of it.This is
A)a deal that neither restrains trade or harms competition.
B)a legal restraint of trade.
C)a per se violation of the Sherman Act.
D)subject to analysis under the rule of reason.
Q3) Global Services Corporation engages in trade practices that may violate antitrust law.The Federal Trade Commission has the power to act against unfair trade practices under
A)the Clayton Act.
B)the Federal Trade Commission Act.
C)the Sherman Act.
D)no law.
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Page 25
Chapter 24: Investor Protection and Corporate Governance
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Q1) Fresh Seasonal Fruit Company has assets of less than $10 million and fewer than fifty shareholders.Gourmand Pastries, Inc., has assets of more than $50 mil-lion and more than five hundred shareholders.The Securities Exchange Act of 1934 applies to
A)Fresh Seasonal Fruit and Gourmand Pastries.
B)Fresh Seasonal Fruit only.
C)Gourmand Pastries only.
D)neither Fresh Seasonal Fruit nor Gourmand Pastries.
Q2) Refer to Fact Pattern 37-3.If Dhani is liable under the Securities Exchange Act of 1934, it will be because the information on which he based his purchase of Eureka stock was
A)a forward-looking forecast.
B)not material.
C)not yet public.
D)not yet true.
Q3) Corporations' chief executive officers are directly accountable for the accuracy of financial statements filed with the Securities and Exchange Commission.
A)True
B)False
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Chapter 25: How to Brief Cases and Analyze Case Problems
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Q1) Devon, a senior at Central High School, participates in a social media forum on which he posts destructive, bullying lies about Beau, a fellow student.Beau's parent complains to Central officials.Under the First Amendment, Central can most likely
A)punish Devon for the posts.
B)transfer Beau to a different school.
C)require that all students' future posts be made on the school's public Web site.
D)post an official note calling Devon's posts "juvenile and silly."
Q2) Arno is judge in a country that follows a civil law system.In Arno's court, the primary source of law consists of
A)administrative decisions.
B)a statutory code.
C)case precedents.
D)the laws of other nations.
Q3) Libel tourism is
A)enforcing a foreign libel judgment against a writer in the United States.
B)financing terrorist groups with damages awarded in foreign libel cases.
C)forum shopping on an international scale.
D)restricting the free speech of international tourists.
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Chapter 26: the Constitution of the United States
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Q1) Prep Charter School uses an online test provided by Quality Tests, Inc., to assess the probability that an adolescent is chemically dependent.The agreement between Prep Charter and Quality for the use of the test most likely provides that if Prep Charter breaches its duties under the agreement, Quality will suffer
A)immediate and irreparable damages.
B)no harm.
C)compensatory, consequential, punitive, and nominal damages.
D)liquidated and quasi-contractual damages.
Q2) Brigit pretends to be "Chyna" online, fooling D'Antoni into believing that Chyna is his friend.D'Antoni can recover damages from Brigit for the hoax on the ground of fraudulent misrepresentation if
A)D'Antoni can prove an actual injury.
B)Chyna is not in fact a "real" person but a totally fake persona.
C)Brigit and D'Antoni's online relationship is "purely personal."
D)D'Antoni sent gifts to "Chyna" totaling at least $10,000.
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28
Chapter 27: the Uniform Commercial Code Article 2 and 2a
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Q1) Jim is shorter than Kevin, and Lonna is less attractive than Merilyn.Research shows that compared with taller men and more attractive individuals, Jim will likely make less income and Lonna will receive poorer performance reviews and a lower salary.Appearance-based discrimination has been barred by A)Michigan and at least six cities.
B)none of the choices.
C)all of the states.
D)the federal government.
Q2) Screenworx Inc.is a start-up film production firm with prospects but no profits as of yet.Under the JOBS Act, Screenworx and other similarly situated companies can look for financing by advertising investment opportunities to A)the public.
B)accredited investors only.
C)unaccredited investors only.
D)banks and venture capitalists but not throughcrowd fundingsites.
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Chapter 28: Answers to the Issue Spotters
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Q1) Deutsche Werke, GmbH., a German firm, is harmed by a price-fixing scheme engineered by Collider Industries, S.A., an international cartel.The European Union is most likely to
A)do nothing.
B)actively pursue Collider and impose criminal penalties.
C)actively pursue Collider and impose civil penalties.
D)contact Collider and issue a reprimand but impose no penalties.
Q2) Banners, Inc., has the power to control the market for its product.Crest Corporation and Delphic Shield Industries, Inc., agree to limit their competitiveness to increase their profits.The Sherman Antitrust Act of 1890 prohibits restraints on trade and commerce that originate from
A)any lack of balance in the nation's economy.
B)business combinations and conspiracies, and certain monopolistic practices.
C)business combinations and conspiracies only.
D)certain monopolistic practices only.
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