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QUESTION 1 1. Which of the following is a TRUE statement? A. As a gene

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QUESTION
1
1.
Which of the following is a TRUE
statement?

A.

As a general rule, an employer can discriminate
among job applicants and applicants for promotion based on the education,
knowledge, and skills that are necessary to successfully perform the job.

B.

Gender identity, encompassing being gay, lesbian,
transgender, or sexually transitioning, is a protected category under the
federal Civil Rights Act.

C.

Managers and supervisors are protected just like
employees under the National Labor Relations Act.

D.

Social media communications by employees cannot be
protected as “concerted protected activities” under the National
Labor Relations Act because they are too “virtual” and only online.

QUESTION
2
1.
Common law consists of:

Laws which all nations have in common.

Laws which affect everyone, including ordinary
persons.

Rulings and opinions which have been issued by
judges when deciding previous cases.

Laws which more people are aware of.

QUESTION
3
1.
Which of the following is a FALSE
statement?

A.

The “fair use” exception to copyright
law may allow the limited use of copyrighted material for scholarship and
academic purposes.

B.

A substantial revision of copyrighted work that
transforms the work by adding new information, interpretation, or
understanding is legal under copyright law.

C.

Scientific formulas cannot be protected by trade
secret law since they can only be patented.

D.

“Reverse engineering” is generally legal
under patent and trade secret law.

QUESTION
4
1.
Which of the following is a true statement?

A.

As a general rule, if the Statute of Frauds
requires a contract to be evidenced by a writing an oral contract will be
unenforceable.

B.

The part performance exception to the Statute of
Frauds may permit an oral contract for the sale of land to be enforced merely
if part of the purchase price is paid.

C.

A mortgage represents an interest in personal
property and thus can be oral.

D.

A contract for lifetime employment must be in
writing to be enforceable since usually if will be for a long time.

QUESTION
5
1.
Article 2 of the UCC covers which types
of transactions:

Sales of goods and sales of real property.

Sales of goods and leases of goods or real
property.

Sales of goods and contracts for the providing of
services.

Sales of goods and leases of goods.

QUESTION
6
1.
A promoter’s preincorporation contract:

binds only the promoter unless adopted by the
corporation.

binds both the promoter and the corporation.

binds only the corporation.

binds neither the promoter nor the corporation if
rejected by the corporation.

QUESTION
7
1.
The sales provisions of Article 2 of the
UCC apply to:

Neither merchants nor nonmerchants.

Nonmerchants, but not to merchants.

Merchants, but not nonmerchants.

Both merchants and nonmerchants.

QUESTION
8
1.
Which of the following is a true statement?

A.

Fraud by active concealment occurs when a party to
a contract fails to disclose all of the known facts about the subject matter
of the contract.

B.

To be actionable for fraud, a misrepresentation
must pertain to a future opinion.

C.

The threat to bring a lawsuit to obtain an
agreement can be grounds for duress if the suit is a legitimate one.

D.

A mutual mistake renders a contract null and void.

QUESTION
9
1.
Even an employee at-will can sue for
wrongful discharge when he or she:

a.

Is discharged in violation of Title VII of the
Civil Rights Act.

b.

Is discharged in violation of the Public Policy
doctrine.

c.

Is negligently discharged by the employer.

d.

All of the above.

QUESTION
10
1.
The tort of assault and the tort of
battery are:

A.

Two names for the exact same tort.

B.

Strict liability torts.

C.

Independent torts which can occur separately from
one another.

D.

Require proof of each of the separate elements of
negligence.

QUESTION
11
1.
Under federal laws, which of the following
statements regarding an environmental impact statement (EIS) is false?

An EIS is required for all state and federal
legislation.

The EIS must contain a cost-benefit analysis for
the proposed action.

The EIS must identify alternatives to the proposed
action.

The EIS must describe the impact on the
environment of the proposed action.

QUESTION
12
1.
Who can be deemed liable for trading on
material inside information based on U.S. securities laws?

a.

Misappropriators of inside information

b.

Insiders and tipees in conspiracy with insiders

c.

Inadvertent tipees who are in a fiduciary
relationship with the disclosing party

d.

All of the above.

QUESTION
13
1.
Which of the following is a true statement?

The Federal Trade Commission is the federal agency
in the U.S. that is empowered to prevent and punish unfair and deceptive
marketing and advertising practices in trade or commerce.

The Consumer Products Safety Commission in the
U.S. prohibits manufacturers from selling and marketing products unless they
are marked with the agencys official seal of approval.

Common law legal doctrines no longer apply to
polluters in the U.S. since they are so big and powerful and thus can only be
regulated by federal statutory law.

An environmental impact statement is required in
the U.S. for all federal and state government development projects and for
all proposed federal and state legislation.

QUESTION
14
1.
Which of the following is not an
essential element of a partnership relationship?

An association of two or more persons who are
capable of entering into a binding contract

The carrying on of a business for profit

Co-ownership of the business

A mutual intention to be partners

QUESTION
15
1.
Which of the following is FALSE about
the tort of trespass?

a.

A person cannot be liable for trespass by
intentionally throwing objects on another’s land or causing third parties to
come on the land since that person did not physically come on the land.

b.

A trespass can occur against personal property,
called “chattels” under the common law.

c.

The intent required for a trespass is only the
intent to do the act that constitutes the trespass.

d.

Regarding a trespass to land, actual injury to the
land is not required; nominal damages can be given for the mere act of the
trespass itself.

QUESTION
16
1.
Which of the following is/are TRUE about
U.S. civil rights laws?

a.

An employer can defend a lawsuit pursuant to the
Age Discrimination and Employment Act (ADEA) by interposing a BFOQ (bona fide
occupational qualification) defense.

b.

The “disparate impact” theory of Title
VII of the Civil Rights Act now applies to discrimination lawsuits based on
the ADEA due to a Supreme Court decision.

c.

The Americans with Disabilities Act requires that
an employer not only not discriminate against disabled people but also that
the employer makes a “reasonable” accommodation to the needs of its
disabled employees.

d.

All of the above.

QUESTION
17
1.
A sole proprietor has unlimited
liability for:

Personal, but not business debts.

Business, but not personal debts.

Both business and personal debts.

Neither business nor personal debts.

QUESTION
18
1.
Which of the following is a FALSE
statement?

A.

The implied contract theory may protect an
employee-at will from an arbitrary discharge.

B.

The employment at-will doctrine can result in a
legal but immoral discharge.

C.

A discharge of an employee at-will in violation of
the fundamental public policy of a state is typically an illegal action.

D.

In the U.S., pursuant to National Labor Relations
Act, no private sector employee can be discharged if it would be
“unfair” or “unjust” to do so.

QUESTION
19
1.
Jill invests $1,000 to buy 10 shares of
Good Corporation. The corporation goes bankrupt having no assets and $l million
in liabilities. The most Jill can lose is the $1,000 she invested. This is an
example of the corporate characteristic of:

Limited liability.

Free transferability of shares.

Perpetual existence.

Centralized management.

QUESTION
20
1.
Where the principal makes
representations to a third party, such as the use of a title in the employment
situation, about the role that an agent is to play, which kind of authority
usually arises?

Apparent authority.

Authority by ethics.

Inherent authority.

Express authority.

QUESTION
21
1.
How can “intellectual
property” be legally protected in the United States?

a.

By patent law

b.

By copyright law

c.

By trade secret law

d.

All of the above.

QUESTION
22
1.
Dina is a partner in Eagle Technical
Group. Dinas dissociation from the partnership likely will
cause

the automatic termination of the firms legal
existence.

the immediate maturity of all partnership debts.

the dissolution of the partnership and the
partnerships buyout of Dinas interest in the firm.

the temporary suspension of all partnership
business.

QUESTION
23
1.
X accuses Y of fraud. Normally, the
reliance element that gives rise to fraud is based on a statement of

delusion.

fact.

opinion.

puffery.

QUESTION
24
1.
What is the significance of the term
“preferred” in reference to preferred stock?

It is viewed to generally be a better investment
than common stock.

Preferred stockholders usually have better voting
rights than common stockholders.

Preferred stockholders receive preference over
creditors of the corporation in the event of liquidation.

Preferred stockholders receive certain preferences
over common stockholders with respect to dividends or with respect to assets
in the event of liquidation.

QUESTION
25
1.
Standard Office Products orders one
hundred computers from National Suppliers. Unless the parties agree otherwise,
Nationals obligation to Standard is to

deliver the computers to a common carrier.

deliver the computers to Standards place of
business.

hold conforming goods and give notice for Standard
to take delivery.

set aside conforming goods for Standards
inspection before delivery.

QUESTION
26
1.
What third party cannot sue to enforce
rights in the original contract?

a.

A third party creditor beneficiary

b.

A third party done beneficiary

c.

A third party incidental beneficiary

d.

An assignee.

QUESTION
27
1.
Fran buys a franchise from Global
Services, Inc. In their agreement, Global may specify

requirements for the business form of the
organization only.

standards of operation only.

requirements for the form of business and
standards of operation.

none of the above.

QUESTION
28
1.
Which of the following constitutes
illegal discrimination pursuant to Title VII of the Civil Rights Act?

a.

A shoe store refuses to hire Hispanics as
employees.

b.

A sporting goods store excludes applicants over
the age of 40.

c.

A large department store refuses to hire anyone in
a wheel chair.

d.

None of the above.

QUESTION
29
1.
Pursuant to the commercial speech
doctrine under U.S. constitutional law:

commercial speech is not constitutionally
protected since the motive is for business to make money

commercial speech is given the same degree of
protection as political speech since it is speech

commercial speech is not constitutionally
protected since most commercials on television, especially around
dinner-time, are loud, annoying, and gross

commercial speech must be true and non-deceptive
and involve a legal product or service to gain constitutional protection.

QUESTION
30
1.
To be deemed sufficient, the
consideration of a contract must

Have precise monetary value

Be fair and ethical

Have legal value

Be a moral obligation

QUESTION
31
1.
What is/are very important statutes
governing “e-contacts,” that is, entering into contracts online?

a.

The Uniform Electronic Transactions Act (UETA)

b.

The Uniform Computer Information Transactions Act
(UCITA)

c.

The Electronic Signature in Global and National
Commerce Act

d.

All of the above.

QUESTION
32
1.
A contract terminating because of the
destruction of the subject matter is an example of

A Rule of Construction

A voidable interest

The impossibly by operation of law doctrine

A supervening illegality

QUESTION
33
1.
Which of the following would not be
a misappropriation of a trade secret?

Paying an engineer who is working at a competitor
to disclose the trade secret to you.

Buying the competitor’s product, then tearing it
apart and analyzing it in your laboratory to reveal how the product works.

Hiring a spy to break into a competitor’s offices
to acquire the secret.

Asking one of your current engineers to disclose a
trade secret of her former employer and she does so.

QUESTION
34
1.
Which of the following is a falsestatement?

An oral defamatory statement must be
communicated to a third party to be actionable, but a written one need not.

An individuals right to privacy includes the
exclusive use of his or her likeness.

Intentionally causing a party to break a contract
may constitute the common law tort of wrongful interference with a
contractual relationship.

Under the doctrine of strict liability in the
U.S., a defendant may be liable for the results of his or her acts even if he
or she did not intend those results.

QUESTION
35
1.
Under the employment at-will doctrine as
a general rule:

Either party may terminate the employment
relationship at any time and for any reason.

Neither party may terminate the employment
relationship at any time and for any reason.

Only the employee may terminate the employment
relationship at any time and for any reason.

Only the employer may terminate the employment
relationship at any time and for any reason.

QUESTION
36
1.
An assignment of personal services is

Illegal

Generally permitted

Permitted with all the parties consent

Is never permitted

QUESTION
37
1.
A person is charged with the commission
of a crime. For a conviction, most crimes require

only a specified state of mind or intent on the
part of the actor.

only the performance of a prohibited act.

a specified state of mind and the performance of a
prohibited act.

none of the above.

QUESTION
38
1.
Which of the following types of third
party beneficiaries acquire rights under the original contract?

Incidental, donee, creditor.

Creditor only.

Donee only.

Creditor, donee.

QUESTION
39
1.
Which of the following most likely is
illegal discrimination pursuant to Title VII of the federal Civil Rights Act?

a.

Not considering applicants for manufacturing sales
positions because of their religious beliefs in incarnation.

b.

Not hiring applicants for sales positions who are
smokers of tobacco products.

c.

Not hiring gay, lesbian, bisexual, or transgender
employees.

d.

Not hiring candidates whether male or female who
are parents when extensive travel is involved with the position.

QUESTION
40
1.
X signs a covenant not to compete with
his employer, Y Sales Corporation. X has access to his employers confidential
customer list. This covenant is enforceable if it

is not ancillary to the sale of a business..

is reasonable in terms of geographic area and
time.

is supported by consideration.

requires both parties to obtain business licenses.

QUESTION
11.
Which of the following is a TRUE
statement? A.As a general rule, an employer can discriminate
among job applicants and applicants for promotion based on the education,
knowledge, and skills that are necessary to successfully perform the job. B.Gender identity, encompassing being gay, lesbian,
transgender, or sexually transitioning, is a protected category under the
federal Civil Rights Act. C.Managers and supervisors are protected just like
employees under the National Labor Relations Act. D.Social media communications by employees cannot be
protected as “concerted protected activities” under the National
Labor Relations Act because they are too “virtual” and only online.QUESTION
21.
Common law consists of: Laws which all nations have in common. Laws which affect everyone, including ordinary
persons. Rulings and opinions which have been issued by
judges when deciding previous cases. Laws which more people are aware of.QUESTION
31.
Which of the following is a FALSE
statement? A.The “fair use” exception to copyright
law may allow the limited use of copyrighted material for scholarship and
academic purposes. B.A substantial revision of copyrighted work that
transforms the work by adding new information, interpretation, or
understanding is legal under copyright law. C.Scientific formulas cannot be protected by trade
secret law since they can only be patented. D.”Reverse engineering” is generally legal
under patent and trade secret law.QUESTION
41.
Which of the following is a true statement? A.As a general rule, if the Statute of Frauds
requires a contract to be evidenced by a writing an oral contract will be
unenforceable. B.The part performance exception to the Statute of
Frauds may permit an oral contract for the sale of land to be enforced merely
if part of the purchase price is paid. C.A mortgage represents an interest in personal
property and thus can be oral. D.A contract for lifetime employment must be in
writing to be enforceable since usually if will be for a long time.QUESTION
51.
Article 2 of the UCC covers which types
of transactions: Sales of goods and sales of real property. Sales of goods and leases of goods or real
property. Sales of goods and contracts for the providing of
services. Sales of goods and leases of goods.QUESTION
61.
A promoter’s preincorporation contract: binds only the promoter unless adopted by the
corporation. binds both the promoter and the corporation. binds only the corporation. binds neither the promoter nor the corporation if
rejected by the corporation.QUESTION
71.
The sales provisions of Article 2 of the
UCC apply to: Neither merchants nor nonmerchants. Nonmerchants, but not to merchants. Merchants, but not nonmerchants. Both merchants and nonmerchants.QUESTION
81.
Which of the following is a true statement? A.Fraud by active concealment occurs when a party to
a contract fails to disclose all of the known facts about the subject matter
of the contract. B.To be actionable for fraud, a misrepresentation
must pertain to a future opinion. C.The threat to bring a lawsuit to obtain an
agreement can be grounds for duress if the suit is a legitimate one. D.A mutual mistake renders a contract null and void.QUESTION
91.
Even an employee at-will can sue for
wrongful discharge when he or she: a.Is discharged in violation of Title VII of the
Civil Rights Act. b.Is discharged in violation of the Public Policy
doctrine. c.Is negligently discharged by the employer. d.All of the above.QUESTION
101.
The tort of assault and the tort of
battery are: A.Two names for the exact same tort. B.Strict liability torts. C.Independent torts which can occur separately from
one another. D.Require proof of each of the separate elements of
negligence.QUESTION
111.
Under federal laws, which of the following
statements regarding an environmental impact statement (EIS) is false? An EIS is required for all state and federal
legislation. The EIS must contain a cost-benefit analysis for
the proposed action. The EIS must identify alternatives to the proposed
action. The EIS must describe the impact on the
environment of the proposed action.QUESTION
121.
Who can be deemed liable for trading on
material inside information based on U.S. securities laws? a.Misappropriators of inside information b.Insiders and tipees in conspiracy with insiders c.Inadvertent tipees who are in a fiduciary
relationship with the disclosing party d.All of the above.QUESTION
131.
Which of the following is a true statement? The Federal Trade Commission is the federal agency
in the U.S. that is empowered to prevent and punish unfair and deceptive
marketing and advertising practices in trade or commerce. The Consumer Products Safety Commission in the
U.S. prohibits manufacturers from selling and marketing products unless they
are marked with the agencys official seal of approval. Common law legal doctrines no longer apply to
polluters in the U.S. since they are so big and powerful and thus can only be
regulated by federal statutory law. An environmental impact statement is required in
the U.S. for all federal and state government development projects and for
all proposed federal and state legislation.QUESTION
141.
Which of the following is not an
essential element of a partnership relationship? An association of two or more persons who are
capable of entering into a binding contract The carrying on of a business for profit Co-ownership of the business A mutual intention to be partnersQUESTION
151.
Which of the following is FALSE about
the tort of trespass? a.A person cannot be liable for trespass by
intentionally throwing objects on another’s land or causing third parties to
come on the land since that person did not physically come on the land. b.A trespass can occur against personal property,
called “chattels” under the common law. c.The intent required for a trespass is only the
intent to do the act that constitutes the trespass. d.Regarding a trespass to land, actual injury to the
land is not required; nominal damages can be given for the mere act of the
trespass itself.QUESTION
161.
Which of the following is/are TRUE about
U.S. civil rights laws? a.An employer can defend a lawsuit pursuant to the
Age Discrimination and Employment Act (ADEA) by interposing a BFOQ (bona fide
occupational qualification) defense. b.The “disparate impact” theory of Title
VII of the Civil Rights Act now applies to discrimination lawsuits based on
the ADEA due to a Supreme Court decision. c.The Americans with Disabilities Act requires that
an employer not only not discriminate against disabled people but also that
the employer makes a “reasonable” accommodation to the needs of its
disabled employees. d.All of the above.QUESTION
171.
A sole proprietor has unlimited
liability for: Personal, but not business debts. Business, but not personal debts. Both business and personal debts. Neither business nor personal debts.QUESTION
181.
Which of the following is a FALSE
statement? A.The implied contract theory may protect an
employee-at will from an arbitrary discharge. B.The employment at-will doctrine can result in a
legal but immoral discharge. C.A discharge of an employee at-will in violation of
the fundamental public policy of a state is typically an illegal action. D.In the U.S., pursuant to National Labor Relations
Act, no private sector employee can be discharged if it would be
“unfair” or “unjust” to do so.QUESTION
191.
Jill invests $1,000 to buy 10 shares of
Good Corporation. The corporation goes bankrupt having no assets and $l million
in liabilities. The most Jill can lose is the $1,000 she invested. This is an
example of the corporate characteristic of: Limited liability. Free transferability of shares. Perpetual existence. Centralized management.QUESTION
201.
Where the principal makes
representations to a third party, such as the use of a title in the employment
situation, about the role that an agent is to play, which kind of authority
usually arises? Apparent authority. Authority by ethics. Inherent authority. Express authority.QUESTION
211.
How can “intellectual
property” be legally protected in the United States? a.By patent law b.By copyright law c.By trade secret law d.All of the above.QUESTION
221.
Dina is a partner in Eagle Technical
Group. Dinas dissociation from the partnership likely will
cause the automatic termination of the firms legal
existence. the immediate maturity of all partnership debts. the dissolution of the partnership and the
partnerships buyout of Dinas interest in the firm. the temporary suspension of all partnership
business.QUESTION
231.
X accuses Y of fraud. Normally, the
reliance element that gives rise to fraud is based on a statement of delusion. fact. opinion. puffery.QUESTION
241.
What is the significance of the term
“preferred” in reference to preferred stock? It is viewed to generally be a better investment
than common stock. Preferred stockholders usually have better voting
rights than common stockholders. Preferred stockholders receive preference over
creditors of the corporation in the event of liquidation. Preferred stockholders receive certain preferences
over common stockholders with respect to dividends or with respect to assets
in the event of liquidation.QUESTION
251.
Standard Office Products orders one
hundred computers from National Suppliers. Unless the parties agree otherwise,
Nationals obligation to Standard is to deliver the computers to a common carrier. deliver the computers to Standards place of
business. hold conforming goods and give notice for Standard
to take delivery. set aside conforming goods for Standards
inspection before delivery.QUESTION
261.
What third party cannot sue to enforce
rights in the original contract? a.A third party creditor beneficiary b.A third party done beneficiary c.A third party incidental beneficiary d.An assignee.QUESTION
271.
Fran buys a franchise from Global
Services, Inc. In their agreement, Global may specify requirements for the business form of the
organization only. standards of operation only. requirements for the form of business and
standards of operation. none of the above.QUESTION
281.
Which of the following constitutes
illegal discrimination pursuant to Title VII of the Civil Rights Act? a.A shoe store refuses to hire Hispanics as
employees. b.A sporting goods store excludes applicants over
the age of 40. c.A large department store refuses to hire anyone in
a wheel chair. d.None of the above.QUESTION
291.
Pursuant to the commercial speech
doctrine under U.S. constitutional law: commercial speech is not constitutionally
protected since the motive is for business to make money commercial speech is given the same degree of
protection as political speech since it is speech commercial speech is not constitutionally
protected since most commercials on television, especially around
dinner-time, are loud, annoying, and gross commercial speech must be true and non-deceptive
and involve a legal product or service to gain constitutional protection.QUESTION
301.
To be deemed sufficient, the
consideration of a contract must Have precise monetary value Be fair and ethical Have legal value Be a moral obligationQUESTION
311.
What is/are very important statutes
governing “e-contacts,” that is, entering into contracts online? a.The Uniform Electronic Transactions Act (UETA) b.The Uniform Computer Information Transactions Act
(UCITA) c.The Electronic Signature in Global and National
Commerce Act d.All of the above.QUESTION
321.
A contract terminating because of the
destruction of the subject matter is an example of A Rule of Construction A voidable interest The impossibly by operation of law doctrine A supervening illegalityQUESTION
331.
Which of the following would not be
a misappropriation of a trade secret? Paying an engineer who is working at a competitor
to disclose the trade secret to you. Buying the competitor’s product, then tearing it
apart and analyzing it in your laboratory to reveal how the product works. Hiring a spy to break into a competitor’s offices
to acquire the secret. Asking one of your current engineers to disclose a
trade secret of her former employer and she does so.QUESTION
341.
Which of the following is a falsestatement? An oral defamatory statement must be
communicated to a third party to be actionable, but a written one need not. An individuals right to privacy includes the
exclusive use of his or her likeness. Intentionally causing a party to break a contract
may constitute the common law tort of wrongful interference with a
contractual relationship. Under the doctrine of strict liability in the
U.S., a defendant may be liable for the results of his or her acts even if he
or she did not intend those results.QUESTION
351.
Under the employment at-will doctrine as
a general rule: Either party may terminate the employment
relationship at any time and for any reason. Neither party may terminate the employment
relationship at any time and for any reason. Only the employee may terminate the employment
relationship at any time and for any reason. Only the employer may terminate the employment
relationship at any time and for any reason.QUESTION
361.
An assignment of personal services is Illegal Generally permitted Permitted with all the parties consent Is never permittedQUESTION
371.
A person is charged with the commission
of a crime. For a conviction, most crimes require only a specified state of mind or intent on the
part of the actor. only the performance of a prohibited act. a specified state of mind and the performance of a
prohibited act. none of the above.QUESTION
381.
Which of the following types of third
party beneficiaries acquire rights under the original contract? Incidental, donee, creditor. Creditor only. Donee only. Creditor, donee.QUESTION
391.
Which of the following most likely is
illegal discrimination pursuant to Title VII of the federal Civil Rights Act? a.Not considering applicants for manufacturing sales
positions because of their religious beliefs in incarnation. b.Not hiring applicants for sales positions who are
smokers of tobacco products. c.Not hiring gay, lesbian, bisexual, or transgender
employees. d.Not hiring candidates whether male or female who
are parents when extensive travel is involved with the position.QUESTION
401.
X signs a covenant not to compete with
his employer, Y Sales Corporation. X has access to his employers confidential
customer list. This covenant is enforceable if it is not ancillary to the sale of a business.. is reasonable in terms of geographic area and
time. is supported by consideration. requires both parties to obtain business licenses.

The post QUESTION
1
1.
Which of the following is a TRUE
statement?

A.

As a gene appeared first on Destiny Papers.

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