Employment Law Review Questions
Course Introduction
Employment Law examines the legal framework governing the relationship between employers and employees, covering topics such as hiring practices, employment contracts, workplace discrimination, wage and hour laws, occupational health and safety, collective bargaining, and termination procedures. This course analyzes relevant statutes, regulations, and case law, providing students with a comprehensive understanding of employee rights and employer obligations. Through case studies and practical examples, students gain insight into navigating legal challenges in the workplace and the implications of current legal developments in employment law.
Recommended Textbook
Dynamic Business Law 4th Edition by
Nancy K. Kubasek
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Page 2
Chapter 1: An Introduction to Dynamic Business Law
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Q1) Candy wants to start an Internet business doing business which will operate domestically as well as internationally.She is told by the Chinese government that certain items on her site are objectionable and illegal,and that if she wants to do business in China,she must remove the objectionable material.Which of the following is true?
A)Candy is within her rights and should stand her ground.She is a U.S.citizen,and so long as she obeys U.S.laws,she can do business in China.
B)Candy is within her rights only if she petitioned her state senator and obtained his or her permission to proceed.
C)By international law,there is a set fee of $10,000 that Candy can pay if she wants to obey only U.S.law.If she pays that amount,she can continue in China without any modification.
D)By international law,there is a set fee of $5,000 that Candy can pay if she wants to obey only U.S.law.If she pays that amount,she can continue in China without any modification.
E)If Candy wants to do business in China,she must abide by Chinese law.
Answer: E
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Chapter 2: Business Ethics
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Q1) The community in which a firm operates would not be considered a stakeholder of the firm.
A)True
B)False
Answer: False
Q2) Which of the following is the application of ethics to special problems and opportunities experienced by those in business?
A)Business utilitarianism
B)Business ethics
C)Situational ethics
D)Sarbanes-Oxley principles
E)Consequentialism
Answer: B
Q3) Sana's idea is best referred to as ________.
A)The Sarbanes-Oxley Rule
B)The Greenhouse Rule
C)The Golden Rule
D)The Help Peers Test
E)The Disclosure Principle
Answer: C
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Chapter 3: The Uslegal System
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Q1) For diversity-of-citizenship,which of the following is needed?
A)Only that the controversy concern an amount in excess of $75,000.
B)Only that the controversy concern an amount in excess of $100,000.
C)That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
D)Only that the plaintiff not reside in the same state as the defendant.
E)Only that the plaintiff reside in the same state as the defendant.
Answer: C
Q2) For purposes of diversity-of-citizenship,where does a corporation reside?
A)Any state in which the corporation does business.
B)Any state in which the corporation has done business within the last five years.
C)The state of incorporation only.
D)The state in which the corporation has its principal place of business and the state of incorporation.
E)Only the state in which the corporation has its principal place of business.
Answer: D
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Chapter 4: Alternative Dispute Resolution
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Q1) Which of the following is true in regard to precedent in relation to law in general and arbitration?
A)Like the law in general,the law governing arbitration agreements is not a fixed set of rules or precedents.
B)Both the law in general and the law of arbitration have a fixed set of precedents except in the area of consumer law in which there is no fixed set of law or precedents.
C)Law in general has a fixed set of rules or precedents,but the law governing arbitration is not a fixed set of rules or precedents.
D)Unlike the law in general,the law governing arbitration agreements is a fixed set of rules or precedents.
E)Both the law in general and the law of arbitration operate within a fixed set of rules and precedents.
Q2) In order to perform arbitration,a person must be a lawyer.
A)True
B)False
Q3) How are arbitrations similar and dissimilar to a court trial?
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Page 6
Chapter 5: Constitutional Principles
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Q1) Which of the following requires that courts in all states uphold contracts and public acts of every state thereby protecting wills,divorce decrees,and judgments in civil courts?
A)The full faith and credit clause
B)The commerce clause
C)The privileges and immunities clause
D)The Bill of Rights clause
E)The contract clause
Q2) The Bill of Rights includes amendments Twelve through Fourteen.
A)True
B)False
Q3) Would a Montana state law permitting giant lizards on airplanes be constitutional?
A)No,because it would be an unreasonable "seizure" under the Fourth Amendment.
B)No,because of the supremacy clause.
C)Yes,because otherwise it would substantially interfere with business and the commerce clause protects travel between states.
D)Yes,because of the equal protection clause.
E)Yes,but only if there was a rational basis for the law.
Q4) What is the system of checks and balances,and how does it work?
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Chapter 6: International and Comparative Law
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Q1) Which of the following systems originated from the English legal system?
A)Statutory law
B)Civil law
C)Common law
D)Asian law
E)Inquisitorial law
Q2) Which of the following is a characteristic of civil law?
A)Civil law systems use a form or system of separation of powers.
B)The civil law procedure is like the U.S.system of checks and balances.
C)Precedent is an important source of law in the civil law system.
D)In civil law systems the legislative branch has little authority.
E)The judicial branch in civil law systems may create its own new law.
Q3) The Convention on Contracts for the International Sale of Goods recognizes a concept by which a buyer may give notice to the seller that delivery will be accepted beyond the time prescribed in the contract.That concept is known as .
A)Nachfrist
B)Stare decisis
C)Benach
D)Offer of late performance
E)Tender of late performance
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Chapter 7: Crime and the Business Community
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Q1) When companies bill consumers for optional services that the consumers did not order,it is called which of the following?
A)Fraudulent adding
B)Stuffing
C)Slamming
D)Fraudulent transfer
E)Cramming
Q2) Which of the following is generally a legitimate defense to a charge of a crime?
A)Mistake of actus reus
B)Mistake of felony
C)Vicarious liability
D)Mistake of fact
E)Mistake of law
Q3) Government inspectors may never legally enter a business to conduct an inspection without a warrant.
A)True
B)False
Q4) What elements are necessary to establish bribery of a public official?
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Page 9
Chapter 8: Tort Law
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Q1) Statements made by Ryan to his friends that were defamatory of Melissa are what type of defamation?
A)Libel but not slander.
B)Both libel and slander.
C)No tort was committed because the statements were made only to friends of Ryan,not to business acquaintances of Candy.
D)Slander but not libel.
E)No tort was committed because the falsehood involved matters of appearance not business-related matters.
Q2) A reporter does not like a candidate for president and he publishes a made up story about the candidate having an affair.Did the reporter commit a tort?
A)No,because the story was made up and unlikely to be believed.
B)No,because politicians cannot be defamed.
C)No,because the candidate for president is a public figure.
D)Yes,because the reporter acted with actual malice.
E)No,because having an affair would not harm the reputation of a presidential candidate.
Q3) List and explain the four different types of privacy torts.
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Page 10
Chapter 9: Negligence and Strict Liability
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Q1) When would a defendant use the doctrine of res ipsa loquitur?
A)To allow the judge and jury to presume the plaintiff destroyed evidence.
B)To allow the judge and jury to infer that more likely than not,the defendant's negligence was not the cause of the plaintiff's harm.
C)To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
D)To allow the judge to hold the defendant liable under a strict liability theory.
E)To allow the judge and jury to infer that more likely than not,the defendant's negligence was the cause of the plaintiff's harm,even though no direct evidence of the defendant's lack of due care existed.
Q2) Which of the following is not an example of a situation where a duty of care exists.
A)When you hire an employee and know the employee is in a dangerous situation.
B)When you hit someone with your car and injure the person.
C)When you are a landowner and invite someone onto your property.
D)When you are a business owner and customers enter company property.
E)When you walk by a stranger who is drowning in a lake in your neighborhood.
Q3) Identify and explain the elements of negligence.
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11
Chapter 10: Product Liability
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Q1) Which entities may be sued in product liability actions?
A)Retailers and wholesalers but not manufacturers.
B)Retailers and manufacturers but not wholesalers.
C)Manufacturers but not retailers or wholesalers.
D)Retailers,wholesalers,and manufacturers.
E)Wholesalers and manufacturers but not retailers.
Q2) Which of the following theories of recovery are commonly used in product liability cases?
A)Strict product liability,negligence per se,and breach of express warranty.
B)Negligence per se,and breach of implied warranty.
C)Negligence per se and negligence.
D)Negligence,strict product liability,and breach of warranty.
E)Breach of warranty,negligence,and negligence per se.
Q3) Under the Restatement Third)of Torts,which of the following results in strict liability?
A)A manufacturing defect but not a design defect or a failure to warn.
B)A design defect and a failure to warn but not a manufacturing defect.
C)A design defect but not a manufacturing defect or a failure to warn.
D)A manufacturing defect,a design defect,and a failure to warn.
E)Both a manufacturing defect and a design defect but not a failure to warn.
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Page 12
Chapter 11: Liability of Accountants and Other Professionals
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Q1) Which of the following would be available to Dominique,assuming that she can establish that Andrew failed to meet his contractual obligations?
A)Reasonable and foreseeable damages related to the breach and damages for fraud which would be presumed.
B)Only a recovery for the cost of obtaining a different accountant to perform breached contractual duties.
C)Nothing unless the contact specifically provides for damages in the event of a breach.
D)Reasonable and foreseeable damages related to the breach excluding the cost of another accountant to perform breached contractual duties.
E)The cost of obtaining a different accountant to perform breached contractual duties and also any reasonable and foreseeable damages related to the breach.
Q2) The Sarbanes-Oxley Act prohibits registered public accounting firms from engaging in non-auditing acts for their auditing clients.List any six such non-auditing acts currently prohibited.
Q3) When can an accountant be held liable to his or her client for fraud?
Q4) Discuss the defenses available to an accountant charged with negligence.
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Page 13
Chapter 12: Intellectual Property
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Q1) Regarding Marcus' claim that the name Jonah chose violates his trademark protection,which statement is accurate?
A)In order to constitute trademark violation,Jonah's store would need to have been called the exact same thing as Marcus' store without the "II."
B)A key inquiry is whether the defendant sold goods or services to customers that likely would have been customers of the plaintiff were the defendant not in business.
C)A key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of the defendant.
D)The key inquiry is whether a similarity exists which is likely to cause confusion from the perspective of the plaintiff meaning that the plaintiff has acted willfully.
E)The key inquiry is whether a similarity exists which is likely to cause confusion applied from the perspective of prospective purchasers.
Q2) Trade dress is entitled to the same protection as a trademark.
A)True
B)False
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14
Chapter 13: Introduction to Contracts
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Sample Questions
Q1) As of Tuesday when Jackson and Gina agreed upon the price for the job,what was the status of the agreement?
A)The contract was executory.
B)The contract was formal.
C)The contract was executed.
D)The contract was novated.
E)The contract was a recognizance contract.
Q2) Which of the following may represent a lack of genuine assent?
A)Acceptance secured through fraud,dress,or undue influence,but not through misrepresentation.
B)Acceptance secured through undue influence,misrepresentation,or duress,but not through fraud.
C)Acceptance secured through fraud or duress,but not through misrepresentation or undue influence.
D)Acceptance secured through fraud,duress,undue influence,or misrepresentation.
E)Acceptance secured through fraud,duress,or misrepresentation,but not acceptance through undue influence.
Q3) Define a bilateral contract and a unilateral contract,and give an example of each.
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Page 15
Chapter 14: Agreement
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Q1) Kendrick overhears Eric's offer to sell Greg a boat for $1,000.Greg declines the offer,but Kendrick immediately says "I accept." Eric does not want to sell the boat to Kendrick because he is afraid that Kendrick will not immediately pay him.Also,he thinks Kendrick is a complainer and will find something to complain about regarding the sale.Is Eric obligated to sell the boat to Kendrick,and why or why not? Also,discuss what you believe the ethical rule should be on this issue.
Q2) When considering whether an offer has expired,what is presumed to be a reasonable amount of time?
A)Ten days.
B)Seven days.
C)Forty-eight hours.
D)Forty-five days.
E)There is no set amount of time,and what constitutes a reasonable amount of time varies depending upon the subject matter of the offer.
Q3) Reasonably definite terms are one of the elements of an offer.
A)True
B)False
Q4) Explain under which circumstances an offer may not be revoked.
Q5) List the elements of an offer under the common law.
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Chapter 15: Consideration
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Q1) An unliquidated debt may be the subject of an accord and satisfaction.
A)True
B)False
Q2) Which of the following is true regarding whether Ezra breached a contract with Mia?
A)Ezra did not breach the contract,but Mia can recover based on promissory estoppel.
B)Ezra did not breach the contract with Mia because it was for the sale of goods and,therefore,a typical contract.
C)Ezra did not breach the contract with Mia because he waited a reasonable amount of time before selling the computer.
D)Ezra breached the contract because he had an obligation to wait a reasonable length of time for Mia's response,and waiting only two days was not reasonable.
E)Mia's statement created an illusory promise,which cannot be enforced.
Q3) In order for a contract to be enforceable,should the law require that consideration be in a similar amount to the item or services being transferred? Provide and explain your opinion.
Q4) What is the preexisting duty rule?
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Page 17
Chapter 16: Capacity and Legality
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Q1) As a general rule,most states will not allow a minor to disaffirm contracts for which of the following items?
A)Life insurance,health insurance,and psychological counseling
B)Education loan contracts and psychological counseling,but not life insurance or health insurance
C)Health insurance and psychological counseling,but not life insurance
D)Psychological counseling,but not health insurance or life insurance
E)Health insurance,but not life insurance or psychological counseling
Q2) If Briana subsequently obtains a valid license,would her agreement with Nedra be enforceable?
A)Yes,because the contract can be severed.
B)Yes,but only if she pays the licensing fee.
C)No,because employment contracts cannot be severed.
D)Yes,but only if Nedra did not deem the contract voidable.
E)No,because the agreement was illegal and is void.
Q3) Parents are responsible for the torts committed by their minor children in all states.
A)True
B)False
Q4) Explain Great Britain's approach to the age of majority.
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Chapter 17: Legal Assent
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Q1) What would be the most likely result if Eric attempts to rescind the agreement to rent the apartment?
A)He will be able to rescind the contract because of undue influence.
B)He will not be able to rescind the agreement unless he can show that he was not actually convicted of the crime alleged.
C)He will not be able to rescind the contract because he agreed to it.
D)He will be able to rescind the agreement based upon Richard's threat of extortion.
E)He will be able to rescind the agreement based upon the threat to Richard's economic interests.
Q2) Which of the following refers to special relationships in which one person has taken advantage of his or her dominant position in a relationship to unduly persuade the other person?
A)Fraudulent misrepresentation
B)Pressing dominance
C)Relationship dominance
D)Undue influence
E)Pressing persuasion
Q3) What is the purpose of the concept of legal assent?
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Page 19
Chapter 18: Contracts in Writing
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Q1) Which of the following is a type of contract that does not fall within the scope of the statute of frauds?
A)Contracts related to any lease of land-related equipment
B)Contracts whose terms prevent possible performance within one year
C)Contracts related to an interest in land
D)Contracts for one party to pay the debt of another if the initial party fails to pay
E)Promises made in consideration of marriage
Q2) The statute of frauds includes in its scope contracts related to an interest in land.
A)True
B)False
Q3) Oral modifications are inadmissible and unenforceable if a contract's terms require that modification be in writing.
A)True
B)False
Q4) What are the eight exceptions to the parol evidence rule?
Q5) What types of contracts does the statute of frauds require to be in writing? Include in your answer contracts,if any,the UCC requires to be in writing.
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Page 20
Chapter 19: Third-Party Rights to Contracts
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Q1) When two parties enter into a contract with the intended end purpose of benefiting a third party,a[n] ________ is created.
A)First-party beneficiary
B)Third-party beneficiary
C)Creditor Beneficiary
D)Second-party beneficiary
E)Assignment
Q2) A donee beneficiary is a third party that benefits from a contract in which the promisor agrees to pay the promisee's debt in return for compensation plus interest.
A)True
B)False
Q3) When a party to a contract transfers his or her duty to perform to a third party who is not part of the original contract,a[n] ________ occurs.
A)Assignment
B)Performance
C)Delegation
D)Transfer
E)Unenforceable occurrence
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21
Chapter 20: Discharge and Remedies
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Q1) Michael's offer to put Ashton in the position she would have been in had the proper faucets and flooring been used is based on the measure used for what type of damages?
A)Consequential
B)Compensatory
C)Nominal
D)Liquidated
E)Punitive
Q2) Which of the following is NOT a way to discharge contractual obligations by mutual agreement?
A)Accord and satisfaction
B)Anticipatory repudiation
C)Mutual rescission
D)Substituted contract
E)Novation
Q3) There are two primary kinds of performance.
A)True
B)False
Q4) Describe the elements of substantial performance of a contract and the effect of a finding of substantial performance on damages.
Page 22
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Chapter 21: Introduction to Sales and Lease Contracts
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Q1) A lease that 1)has a value of $25,000 or less and 2)exists between a lessor regularly engaged in the business of leasing or selling and a lessee who leases the goods primarily for a personal,family,or household purpose. ,is called a lease.
A)Commercial
B)Retail
C)Consumer
D)Finance
E)Regulated
Q2) Is Morton's contract for PaperCo to purchase his trees covered by the UCC?
A)Yes,but only if Morton sells PaperCo the right to come onto his property and remove the trees.
B)No,because the trees are part of the land and land sales are covered by common law.
C)Yes,but only if PaperCo removes the trees.
D)Yes,because Morton cut them down and then sold them to PaperCo.
E)Yes,because trees are always considered goods.
Q3) All leases are covered under Article 2A)of the UCC.
A)True
B)False
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Chapter 22: Title,risk of Loss,and Insurable Interest
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Q1) Jonas sold his motorcycle to his co-worker's brother,Byron,who gave Jonas a check and took the motorcycle home.When Jonas goes to cash Byron's check he discovers the check is denied for insufficient funds.What recourse does Jonas have?
A)Jonas has the right to cancel the contract and reclaim his motorcycle because Byron's title is voidable.
B)Jonas can do nothing
C)Jonas has the right to demand the payment due him under the contract.However,title passed to Byron because Jonas was not aware of the bad check at the time of delivery.
D)If Byron re-sells the motorcycle to a third party,then Byron can reclaim the motorcycle from the third-party.
E)Jonas has the right to reclaim his motorcycle because Byron's title is void.
Q2) What is the proper identifying term for Ramona?
A)An interested purchaser for value
B)A good-faith purchaser
C)A void purchaser
D)A voidable purchaser
E)A valid purchaser
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Page 24
Chapter 23: Performance and Obligations Under Sales and Leases
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Q1) Which of the following is true about the Uniform Computer Information Transactions Act (UCITA)?
A)UCITA is silent about rejection of defective products
B)Software vendors are in favor of UCITA because it would protect software vendors.
C)UCITA ensures perfect tender rules apply to all software.
D)UCITA has been passed by all fifty states.
E)Software vendors are generally not in favor of UCITA because it would disrupt their industry.
Q2) Define "course of performance," and discuss its relationship to decisions regarding whether goods conform to contract specifications.
Q3) If a buyer decides to reject goods,what kind of notice must be provided?
A)3 days.
B)10 days.
C)5 days.
D)Reasonable.
E)Written.
Q4) Set forth what the UCC requires in the way of good faith and the duty imposed on both nonmerchants and merchants.
Page 25
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Chapter 24: Remedies for Breach of Sales and Lease Contracts
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Q1) What is the preferred remedy for a non-breaching seller when a buyer fails to pay and pick up goods?
A)Cover
B)A suit for incidental damages
C)A suit for consequential damages
D)Liquidated damages
E)Resale
Q2) Tort law is primarily designed to vindicate social policy,while contract actions are created to enforce the intentions of the parties to the agreement.
A)True
B)False
Q3) If the seller cancels a contract if a buyer is in breach,the seller cannot pursue remedies available under the UCC.
A)True
B)False
Q4) List the various options discussed in the text that may be available to a buyer/lessee when the seller/lessor is in breach.
Q5) What a buyer must do in obtaining cover?
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Chapter 25: Warranties
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Q1) A salesperson gives the buyer a scale model of the sofa that he is building.The buyer purchases the sofa but it does not look exactly like the scale model.Does the buyer have an express warranty based on the model?
A)No because the model was just an example of puffing.
B)Yes,a sample or model may provide an express warranty.
C)No because express warranties must be written.
D)No,but the model created an implied warranty.
E)No because the model did not claim to make representations.
Q2) Under common law,which warranty is the only implied warranty?
A)Warranty of merchantability.
B)Warranty of assignability.
C)Warranty of fact.
D)Warranty of fitness for a particular purpose.
E)Warranty of title.
Q3) If a buyer fails to comply with the statute of limitations,there is a waiver of warranty rights.
A)True
B)False
Q4) According to the UCC,what needs to be shown for goods to be found merchantable?
Q5) List the exceptions to title warranties.
Page 27
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Chapter 26: Negotiable Instruments: Negotiability and Transferability
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Q1) In which of the following ways does an assignee from a simple contract differ from a holder of a negotiable instrument?
A)A holder has greater rights than the transferor.
B)An assignee has less rights than the transferor.
C)An assignee and a holder's rights are equivalent.
D)An assignee has greater rights than the transferor.
E)A holder has less rights than the transferor.
Q2) List the seven requirements for an instrument to be negotiable.
Q3) In order to satisfy the requirement of negotiability that payment be at a time certain or on demand,acceleration of payment is not allowable.
A)True
B)False
Q4) An instrument that merely mentions another document cannot be considered negotiable.
A)True
B)False
Q5) An oral negotiable instrument is not permitted by the UCC.
A)True
B)False
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Chapter 27: Negotiation, holder in Due Course, and Defenses
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Q1) Shira purchased a refrigerator from ABC Appliance store for $800.She takes the refrigerator home and discovers that it is defective.She calls ABC Appliance store and tells them that she would like to return the refrigerator.ABC Appliance store tells her that they have assigned the promissory note she provided the store in order to purchase the refrigerator to a finance company and that the finance company,as a holder in due course,is not subject to defenses.Which of the following is true regarding the rights of parties?
A)The finance company is subject to the defenses of Shira because of the Federal Trade Commission rule created to protect consumers.
B)Shira can assert her defenses against the finance company only if she can prove that the finance company had knowledge that ABC Appliance store sold defective equipment from time to time.
C)ABC Appliance store is correct in that Shira cannot assert her defenses against the finance company.
D)Shira can assert her defenses against the finance company only if she agrees to arbitrate the dispute.
E)Shira can assert her defenses against the finance company only because she gave notice of the problem within 5 days of the sale.
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Chapter 28: Liability, defenses, and Discharge
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Q1) Which of the following is true about real defenses and personal defenses to liability for negotiable instruments?
A)Real defenses due not apply to all parties.
B)Only real defenses,and not personal defenses,are found in the UCC.
C)Personal defenses do not apply to holders in due course.
D)Real defenses only apply to financial institutions,such as banks.
E)Real defenses due not apply to holders in due course.
Q2) When the transfer of an instrument breaches a warranty associated with the instrument,which type of liability arises on the instrument?
A)Primary liability
B)Secondary liability
C)Warranty liability
D)Payee liability
E)Signature liability
Q3) A party who signs a negotiable instrument without knowing that it is,in fact,a negotiable instrument,can claim fraud in the execution as a defense.
A)True
B)False
Q4) For a holder to turn to secondarily liable parties,what are the requirements?
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Chapter 29: Checks and Electronic Fund Transfers
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Q1) Which statement is true regarding Pedro's statement that once the check had been dishonored,it could not be presented again?
A)He was incorrect.The check may be presented again for payment only if notice has been given both to endorsers and the drawer.
B)He was correct.
C)He was incorrect.The holder may attempt to resubmit the check at a later date only if all endorsers of the check have been notified of the dishonor.
D)He was incorrect.The holder can attempt to resubmit the check at a later date.
E)He was incorrect.The holder may resubmit the check only if notice is given to the drawer.
Q2) A[n] ________ is an institution created to facilitate the exchange of checks and drafts drawn by banks on one another,as well as to enable banks to settle their daily balances.
A)Acknowledging institution
B)Approval institution
C)Facilitating institution
D)Transferring institution
E)Clearinghouse
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Chapter 30: Secured Transactions
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Q1) Which of the following is true regarding the definition of default under the UCC?
A)The UCC defines default as failure to make a payment within 90 days after a payment is due.
B)The UCC defines default as failure to make a payment within 30 days after a payment is due.
C)The UCC defines default as failure to make any payment when due.
D)The UCC defines default as failure to make a payment within 60 days after a payment is due.
E)The UCC does not define default.
Q2) For how long is a financing statement valid under the UCC,once the statement has been filed with a correct agency?
A)1 year
B)2 years
C)3 years
D)4 years
E)5 years
Q3) The UCC defines default as when a debtor fails to make payments on a loan.
A)True
B)False
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Chapter 31: Other Creditors Remedies and Suretyship
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Q1) A surety is secondarily liable to the creditor for a debtor's debt.
A)True
B)False
Q2) Which of the following is true if a debtor engaged in fraud in order to convince a surety or guarantor to enter into a contract with a third party?
A)The surety is released from liability,but the guarantor is not.
B)Because the third party is innocent,neither the surety nor the guarantor is released from liability.
C)Both the guarantor and the surety will likely be released from liability on interest due on the contract,but not for the principle amount.
D)The guarantor is released from liability,but the surety is not.
E)Both the guarantor and the surety will likely be released from liability.
Q3) Regarding the amount that may be garnished from a pay check,what is the rule established by the Federal Consumer Credit Protection Act?
Q4) An assignment for the benefit of creditors is an involuntary proceeding instituted generally by a bankruptcy court.
A)True
B)False
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Chapter 32: Bankruptcy and Reorganization
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Q1) A meeting of all creditors listed in the Chapter 7 required schedules for liquidation is referred to as which of the following?
A)A counseling meeting
B)A creditors' meeting
C)A control meeting
D)A debt meeting
E)An enforcement meeting
Q2) In order of priority,list the first four classes of priority claims among unsecured creditors in a Chapter 7 bankruptcy case.
Q3) Which of the following is NOT something a bankruptcy judge can make decisions on?
A)What a debtor's assets are
B)The administration of bankruptcy proceedings
C)State law claims.
D)What assets a debtor can keep
E)How a debtor's assets are to be sold
Q4) Chapter 11 reorganization may be involuntary but not voluntary.
A)True
B)False
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Chapter 33: Agency Formation and Duties
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Q1) Robert has agreed to act as an agent for Jill.Which of the following scenarios requires the agency agreement be in writing?
A)Robert is given authority to make business calls on Jill's behalf.
B)Agency agreements are never required to be in writing.
C)Robert is given power of attorney.
D)Robert is given authority to read Jill's mail.
E)All agency agreements must be in writing.
Q2) A principal may not enact a power of attorney after becoming incompetent.
A)True
B)False
Q3) Under which of the following does a principal give an agent broad authority to sign legal documents on behalf of the principal?
A)A specific order of authority
B)A general power of attorney
C)A recognized power of order
D)A localized legal empowerment
E)A broad power of responeat superior
Q4) List the requirements for agency by ratification,and then list the requirements that must be met for ratification to be effective.
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Chapter 34: Liability to Third Parties and Termination
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Q1) List the options of an injured third party when a principal is found liable for a misrepresentation made by an agent.
Q2) An employer can hire an independent contractor to complete an inherently dangerous activity to escape liability just in case something goes wrong.
A)True
B)False
Q3) If Night Club's procedure was to contact the police and not break-up fights,would Night Club be liable to Pat?
A)Night Club will not be liable because Trevor is an independent contractor.
B)Night Club will be liable because Trevor was negligent.
C)Night Club will not be liable because Night Club did not authorize Trevor's actions and has a policy against breaking-up fights.
D)Night Club will be liable because it should have known Trevor would engage in these types of actions.
E)Night Club will not be liable because Trevor's actions are covered under the good Samaritan law.
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Chapter 35: Forms of Business Organization
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Q1) What was the result in Meyer v.Christie,the case in the text involving whether an agreement to enter into a joint venture existed?
A)That no joint venture existed because there was evidence contrary to the intent to form a joint venture.
B)That while a joint venture existed,no damages were found.
C)That a joint venture existed with no prohibition against damages.
D)That the evidence showed only an anticipatory agreement to form a joint venture in the future,not the actual formation of a joint venture.
E)That any alleged joint venture agreement was unenforceable under the statute of frauds because it was premised upon an unenforceable oral agreement to purchase and transfer land.
Q2) Daria initially set up which type of business?
A)An individual proprietorship
B)A franchise
C)An S corporation
D)A general company
E)A sole proprietorship
Q3) List the advantages and disadvantages of forming a general corporation.
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Chapter 36: Partnerships: Nature, formation, and Operation
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Q1) Which of the following property rights do partners have,when the articles of partnership are silent?
A)The right to participate in the management of the business,the right to possess partnership property,and the right to an interest in the partnership.
B)The right to participate in the management of the business and the right to an interest in the partnership,but not the right to possess partnership property.
C)The right to participate in the management of the business and the right to possess partnership property,but not the right to an interest in the partnership.
D)The right to participate in the management of the business,but not the right to possess partnership property or the right to an interest in the partnership.
E)The right to possess partnership property and the right to an interest in the partnership;but not the right to participate in the management of the business because while the right to participate in management may exist,it is not a property right.
Q2) Describe the liability,if any,of incoming partners.
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Chapter 37: Partnerships: Termination and Limited Partnerships
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Q1) To ensure that a dissolving partner does not create additional liability for the partnership,which of the following is true regarding notice to be provided to a third party that has provided credit to a partnership?
A)The third party may be notified through advertisement in the newspaper.
B)There is no requirement that notice be provided because by law,the dissolving partner has no authority to bind the partnership.
C)The third party must be provided written notice based on the statute of frauds.
D)The third party must be provided direct verbal or written notice.
E)The third party may be notified through a general post on the Internet at the partnership's website.
Q2) ________ means the change in the relation of the partners caused by any partner's ceasing to be associated with the carrying on of the business.
A)Dissolution
B)Resignation
C)Transformation
D)Suspension
E)Resolution
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Page 39
Chapter 38: Corporations: Formation and Financing
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Q1) Which of the following is another name for debt securities?
A)Stocks
B)Equity securities
C)Certificates of deposit
D)Bonds
E)Preferred debt
Q2) In states in which it conducts business but is not incorporated,a corporation is a[n]
________ corporation.
A)Interstate
B)Approved
C)Foreign
D)Visiting
E)Intrastate
Q3) If over 50% of the shareholders die,a corporation must be dissolved.
A)True
B)False
Q4) In which situations is a court likely to pierce the corporate veil?
Q5) Corporations have implied powers.
A)True
B)False
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Chapter 39: Corporations: Directors, officers, and Shareholders
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Q1) Which of the following gives preference to shareholders to purchase shares of a new issue of stock?
A)Superior rights
B)Preemptive rights
C)Acknowledged rights
D)Benefit rights
E)Selective rights
Q2) Under which of the following should Michael and the board of directors defend themselves in an action brought by shareholders for harming the corporation?
A)The rule of corporate integrity.
B)The superior judgment rule.
C)The research and investigation rule.
D)The business judgment rule.
E)There is no defense.
Q3) Directors and officers have a fiduciary duty of care.
A)True
B)False
Q4) Which groups owe a duty of care to the corporation,and what does that duty require?
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Q1) When an asset purchase occurs,the acquiring corporation assumes ownership and control over tangible,but not intangible,assets of the selling corporation.
A)True
B)False
Q2) Which of the following is true regarding the type of intangible item that may constitute an asset?
A)Goodwill,a company name,and a company logo all constitute types of intangible items that may constitute assets.
B)Goodwill and a company name are types of intangible items that may constitute assets,but a company logo is not.
C)A company name and a company logo are types of intangible items that may constitute assets,but goodwill is not.
D)A company name is a type of intangible item that may constitute an asset,but goodwill and a company logo are not.
E)Goodwill is a type of intangible item that may constitute an asset,but a company name and a company logo are not.
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Chapter 41: Corporations: Securities and Investor Protection
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Q1) Is Rafal correct in that the SEC would have no authority to send Isaiah to prison?
A)Rafal is incorrect because the SEC criminally prosecutes some violators although the action would only be a misdemeanor.
B)Rafal is correct because there are no criminal penalties for violating the 1933 act.
C)Rafal is incorrect because the SEC criminally prosecutes some violators,and a violation of the act is considered a felony.
D)Rafal is correct in that the SEC itself would not send Isaiah to prison,but the SEC could recommend criminal action to the Department of Justice resulting in imprisonment for up to five years for a violation.
E)Rafal is correct in that the SEC itself would not send Isaiah to prison,but the SEC could recommend criminal action to the Federal Bureau of Investigation resulting in imprisonment for up to ten years for a violation.
Q2) Provide the Howey three-part test for determining if a security exists.
Q3) Laws that regulate interstate securities are called blue-sky laws.
A)True
B)False
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Chapter 42: Employment and Labor Law
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Q1) Which of the following is true regarding Nadine's assertion that the union must obtain favorable votes from a majority of all employees before winning an election and becoming certified as the bargaining agent for the employees?
A)Nadine is correct in that the union will not immediately be certified without a favorable vote from a majority of employees,but a second election will automatically be held at which all employees will be required to vote.
B)Nadine is incorrect because her company had over 25 employees,and the union will be certified as the bargaining agent for the employees.
C)Nadine is correct because in order to be certified as the bargaining agent,the union must obtain favorable votes from a majority of employees,not a majority of employees who vote.
D)Nadine is correct only because her company had 50 or fewer employees.Otherwise,the union would have been certified as the bargaining agent for the employees.
E)Nadine is incorrect because the union received a majority of the vote in the secret-ballot election.
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Chapter 43: Employment Discrimination
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Q1) Employers cannot use social media in making employment decisions because it is against federal law.
A)True
B)False
Q2) Which one of the following is not a method a business can use to protect itself from being involved in sexual harassment claims?
A)Require supervisory training
B)Implement a policy against sexual harassment
C)Create a method for conducting prompt and thorough investigation of complaints
D)Provide a mechanism for receiving complaints
E)Refuse to hire women to avoid sexual harassment claims
Q3) Which of the following acts prohibits employers from refusing to hire,discharging,or discriminating against employees in terms and conditions of employment on the basis of an employee's or applicant's being age 40 or older?
A)Equal Pay Act of 1963
B)Age Discrimination in Employment Act of 1967
C)Age Discrimination and Harassment Act
D)Civil Rights Act of 1964
E)Americans with Disabilities Act
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Chapter 44: Administrative Law
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Q1) Which of the following is a term used to refer to agencies that do not clearly fall into either the classification of an executive agency or the classification of independent agency?
A)Hybrid
B)Compound
C)Registered
D)Combined
E)Joined
Q2) Under what circumstances is the exemption from rule-making procedures known as "impracticable,unnecessary,or contrary to the public interest" used most commonly,and what steps must the agency follow if it chooses this avenue?
Q3) Which of the following would not be published in the Federal Register?
A)Proposed rules
B)Rules
C)Legislative history
D)Notices of federal agencies and organizations
E)Executive orders
Q4) Set forth the steps involved in formal rule making.
Q5) Set forth the stages of hybrid rule making.
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Chapter 45: Consumer Law
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Q1) The Federal Trade Commission meets its goals of protecting consumers by:
A)Bringing criminal charges for deceptive advertising
B)Legal action only
C)Consumer education and legal action
D)Informing consumers how they can take legal action
E)Consumer education only
Q2) How does NAFTA define "Made in the U.S.A."?
A)As a product for which at least 75 percent of the components and labor are of U.S.origin.
B)As a product for which at least 75 percent of the components and labor are of from Canada,Mexico,or the United States.
C)As a product for which "all or virtually all" of the components and labor are of U.S.origin.
D)As a product for which at least 55 percent of the labor and components are from Canada,Mexico,or the United States.
E)As a product for which at least 50 percent of the components and labor are of U.S.origin.
Q3) What is required by the Telemarketing Sales Rule of 1995?
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Chapter 46: Environmental Law
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Q1) When the government issues marketable discharge permits,firms which are easily able to reduce emissions can sell unused permits to other forms that need an allowance.
A)True
B)False
Q2) Under what conditions would a permit be issued to a landowner seeking to add dredged or filled material to a wetland?
Q3) The U.S has not always seen pollution as a problem.
A)True
B)False
Q4) The federal law that protects the quality of the water we drink is .
A)The Water Use Act
B)The Water Safety Act
C)The Federal Water Pollution Control Act
D)The Safe Drinking Water Act
E)The Water Control Act
Q5) When must an environmental impact statement be filed under the National Environmental Policy Act?
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Chapter 47: Antitrust Law
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Q1) What does a judge consider when conducting a rule-of-reason analysis?
Q2) The action taken by PWP Guitars in the previous question will be permitted if PWP Guitars can show which of the following?
A)Their competitors have acquiesced to the acquisition.
B)Their business will fail without the acquisition.
C)Their business will become more efficient with the acquisition.
D)Competition will be helped by their acquisition.
E)Competition will not be harmed by their acquisition.
Q3) Which of the following is false regarding private enforcement of antitrust laws?
A)A private party who prevails may receive attorney fees under the Sherman Act and under the Clayton Act.
B)Under the Sherman Act a private party may receive treble damages.
C)Private parties are responsible for only a minority of antitrust claims brought to court in recent years.
D)A private party can bring suit under the Clayton Act.
E)A private party can bring suit under the Sherman Act.
Q4) All monopolies are prohibited by Section 2 of the Sherman Act.
A)True
B)False
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Chapter 48: The Nature of Property, personal Property, and Bailments
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Q1) Which of the following statements is true if a bailment is for the mutual benefit of both the bailee and the bailor?
A)The bailee is liable for harm to the bailed property arising only out of the bailee's gross negligence.
B)The bailee is liable for harm to the bailed property caused by even the slightest lack of due care on the part of the bailee.
C)The bailee is liable for harm to the bailed property arising out of the bailee's ordinary or gross negligence.
D)The bailee is strictly liable for harm to the bailed property.
E)The bailee is not liable for harm to the bailed property because of the doctrine of assumption of the risk.
Q2) What is meant by the concept of confusion in terms of acquiring ownership,and when and how is it applied?
Q3) A person becomes the owner of abandoned property by finding and possessing it. A)True
B)False
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Chapter 49: Real Property
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Q1) Provide and discuss two exceptions that may be applied to alter the rule that fixtures remain when a tenant moves.
Q2) When a person takes ownership of property by treating a piece of real property as his or her own,without protest or permission from the owner,which of the following occurs?
A)Obtained title
B)Adverse possession
C)Unopposed possession
D)Opposed possession
E)Adverse title
Q3) Real property is commonly referred to as "realty."
A)True
B)False
Q4) Who is the rightful owner of the mansion?
A)Akira's grandmother.
B)Akira,because she has possession.
C)Kitara.
D)Akira because she has a fee simple absolute interest.
E)The local historical society
Q5) What must a properly drafted deed include?
Page 51
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Chapter 50: Landlord-Tenant Law
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Q1) If a landlord retains control of and access to property,the relationship is likely not a landlord-tenant relationship because the tenant does not have an exclusive right to possession of the property.
A)True
B)False
Q2) What type of lease did Jessica and Willa want to enter?
A)A tenancy-at-sufferance lease
B)A monthly-term lease
C)A definite-term lease
D)A periodic-tenancy lease
E)A tenancy-at-will lease
Q3) If a tenant fails to leave the property after the termination of the lease,a[n] lease is created.
A)Period-tenancy
B)Definite-term
C)Tenancy-at-sufferance
D)Allowable-term
E)Tenancy-at-will
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Chapter 51: Insurance Law
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Q1) In insurance law,the insured party is the party who makes a payment to an insurance company,called a premium,in return for insurance coverage.
A)True
B)False
Q2) A policy of title insurance is an example of which of the following types of insurance?
A)Profit loss
B)Business loss
C)Economic
D)Commercial
E)Economy
Q3) ________ insurance protects a garage owner from liability to persons who are injured by the operation of the garage.
A)Garage liability
B)Peril
C)Employee liability
D)Vehicle liability
E)Transportation liability
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Chapter 52: Wills and Trusts
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Q1) refers to the property held in trust.
A)Trust corpus
B)Assets
C)Holdings
D)Effects
E)Income property
Q2) What is the name for a special kind of will that the testator declares verbally during his or her last illness,in front of witnesses,who later write the person's wishes.
A)Mutual
B)Verbal
C)Oral
D)Nonwritten
E)Holographic
Q3) Distribution ________ means distributing an estate by the individual.
A)Per ambulatory
B)Per stirpes
C)Per behest
D)Per clear
E)Per capita
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