- Description
LAW/531T
BUSINESS LAW
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LAW 531T Entire Course Link
https://hwsell.com/category/law-531/
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LAW 531T Week 1 Practice Assignment
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Week 1 Practice Assignment
- A(n) _________________ is a request for a higher court to review whether errors of law occurred in a case that was already decided in a lower court.
o reverse
o affirmation
o appeal
o remand
- _________________ jurisdiction refers to the power of a court to exercise authority over the property involved in the dispute.
o General
o Personal
o Subject matter
o Limited
- Courts of _________________ jurisdiction may hear many different types of cases.
o subject matter
o general
o personal
o limited
- Under the doctrine of _________________, the U.S. Supreme Court may declare any law unconstitutional.
o legal review
o constitutional review
o judicial review
o supreme review
- _________________ is a judgment entered by a court for one party and against another without a full trial.
o Summary judgment
o Judgement on the pleadings
o Pretrial judgment
o Limited trial judgment
- The rule that a final judgment by a court determining the rights of the parties is conclusive and the issues may not be raised again is called _________________.
o common law
o stare decisis
o precedent
o res judicata
- The doctrine of following the decision of a previous court ruling is known as _________________.
o precedent
o stare decisis
o res judicata
o common law
- Which of the following is not a stated purpose or function of the law?
o to govern a democracy with fairness
o to facilitate private arrangements between individuals
o to prevent undesirable behavior
o to determine procedures for changing the law
- Which school of legal thought expresses the idea that law changes to reflect a changing society ?
o the command school of thought
o the law and economics school of thought
o the natural law school of thought
o the historical perspective school of thought
- Which of the following is an unacceptable reason to exclude a potential juror?
o The potential juror is female, and the defendant has requested an all-male jury.
o The potential juror has a relationship with one of the parties.
o The potential juror has an interest in the outcome.
o The defendant requests, without explanation, that a certain potential juror be removed from the jury.
- The party at whom a complaint is directed is called the _________________.
o plaintiff
o prosecutor
o judge
o defendant
- The party who files a complaint in a civil case is called the _________________.
o defendant
o prosecutor
o plaintiff
o judge
- _________________ refers to the principle that an actual controversy must exist before a court will hear legal claims.
o Venue
o Third party
o Ripeness
o Standing
- _________________ refers to the location of the trial.
o Third party
o Ripeness
o Standing
o Venue
- Non-Judicial Dispute Resolution Alternatives: Match the dispute-resolution terms with the correct definition.
A neutral third-party expert meets with the parties separately and then together, and offers compromise solutions.
Mediation
Parties attempt to settle disputes through compromise.
Negotiation
Document that outlines the terms of the compromise
Settlement agreement
A legal expert listens to the matter and imposes a resolution.
Arbitration
- Which of the following is not true of the U.S. Constitution?
o It authorizes that state laws have priority over it.
o It enumerates and protects citizens’ rights.
o Every law in the U.S. must comply with the Constitution.
o It establishes three branches of government.
- The _________________ Clause states that the U.S. Constitution and federal laws are the highest laws of the land.
o Commerce
o Due Process
o Supremacy
o Equal Protection
- Which of the following describes substantive due process?
o Government laws must be clear, understandable, and designed to further a legitimate governmental purpose.
o A person has protected oral, written, and symbolic rights of expression.
o A person may not be deprived of life, liberty, or property without being given notice and an opportunity to be heard before a neutral arbiter.
o The laws of the United States must be equally applied to all citizens.
- Which of the following is not true of free speech?
o It is a fundamental right guaranteed by the Bill of Rights.
o It includes oral, written, and symbolic expression.
o Speech with a commercial purpose is less protected than speech with a political purpose.
o Speech with a political purpose is less protected than speech with a commercial purpose.
- True or false: The clear and convincing evidence burden of proof requires that the evidence presented is so clear that it requires the assent of every reasonable mind.
True False
LAW 531T Week 1 Apply Assignment
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Week 1 Apply Assessment
- In the context of a court case process, what is the definition of mediation?
o Use of a third party to resolve a dispute, often legally binding
o Request for a higher court to review a case
o Changing a trial court’s decision
o Using a third party (specifically) to resolve a dispute
- In the context of a court case process, what is the definition of affirmation?
o Returning a case to a trial court for resolution
o Ratification of a trial court’s decision
o Using compromise to settle a dispute
o Changing a trial court’s decision
- In the context of a court case process, what is the definition of rejoinder?
o Decision of the court
o Defendant’s answer to the plaintiff
o Request for a higher court to review a case
o Decision of the jury
- In the context of a court case process, what is the definition of impeachment?
o Reducing the integrity of a witness’s claim
o Plaintiff’s challenge to defendant’s claim
o Restoring credibility to a witness’s claim
o No other explanation can be derived from the facts—evidence
- In the context of a court case process, what is the definition of defendant?
o The target of a complaint
o Restoring credibility to a witness’s claim
o Court order to appear in trial
o Decision of the jury
- In the context of a court case process, what is the definition of sequestered?
o Evidence assuming assent of the reasonable person
o First-sight evidence
o A jury is separated from the community during a trial
o First-sight evidence
- In the context of a court case process, what is the definition of deposition?
o Summoning of potential jurors
o Determination of jurors’ fitness for jury duty
o Testimony out of court during pretrial investigation
o A jury is enlisted
- In the context of a court case process, what is the definition of default?
o Court order to appear in trial
o Failure of the defendant to fulfill an obligation
o The target of a complaint
o Filer of a complaint
- THE FOLLOWING QUESTIONS COVER JURISPRUDENTIAL THOUGHT
After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?
o historical perspective
o irrational forces
o sociological
o command
- Laws that are meant to promote free trade and market efficiency likely fall under which school of jurisprudential thought?
o natural law
o law and economics
o irrational forces
o command
- A new law is established in the town of Avery that promotes affirmative action employment for trans-gender and homosexual individuals. This law would be in pursuance of the tenets of the ________ school of jurisprudential thought.
o law and economics
o historical
o sociological
o irrational forces
- Which jurisprudential school of thought relies the most upon precedent in establishing law?
o historical
o natural law
o sociological
o law and economics
LAW 531T Week 2 Practice Assignment
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Week 2 Practice Assignment
- True or false: Some small businesses may issue stocks to employees instead of compensation when money is tight.
True False
- Which of the following is not true of corporations?
o Executives are not subject to the same duty of care in carrying out the corporation’s purposes as the board of directors.
o The board of directors hires executives of a corporation.
o Directors will not be subject to lawsuit from shareholders as long as they act in a reasonable and prudent way.
o Executives carry out the day-to-day operations of the corporation.
- True or false: In a franchise agreement, the franchisor and the franchisee are separate legal entities.
True False
- Which of the following is not true of general partnerships?
o Partners have an equal right to engage in the management of the business.
o Partners must always agree to split the profits and losses evenly.
o Partners share profits and losses according to the partnership agreement.
o Partners have joint ownership of business assets.
- Corporations created to assist doctors, lawyers, accountants, and so on are known as _________________ corporations.
o not-for-profit
o closely held
o alien
o professional
- True or false: Profits and losses from an LLC must be distributed in the same proportion to all members.
True False
- Which of the following is true of general and limited partners in a limited partnership?
o General and limited partners are jointly responsible for partnership debt.
o Limited partners are not liable for partnership debts.
o General partners are not liable for partnership debts.
o General partners are required to invest capital and refrain from managing the business.
- Which of the following is not true of a business operating under sole proprietorship?
o A sole proprietor pays only personal taxes.
o A sole proprietorship is considered a separate legal entity.
o If the owner dies, the business usually dies as well.
o No government approval is required to set up a sole proprietorship.
- An administrative agency is prohibited from doing all but which of the following?
o extending beyond its authority
o making arbitrary laws
o violating judicial decisions
o exercising legislative power
- Which of the following is true of administrative agencies?
o All administrative agencies answer directly to the president.
o Administrative agencies may overrule judicial decisions.
o An existing administrative agency may not create a new law.
o Each state and local government has administrative agencies.
- _________________ establishes the protocol that must be followed by an administrative agency while enforcing a(n) _________________.
o Substantive law; procedural law
o Interpretive law; substantive law
o Procedural law; substantive law
o Substantive law; interpretive law
- True or false: Production cost may be used as a defense against a company accused of price discrimination.
True False
- The act of controlling prices for goods and services is known as _________________.
o dividing markets
o controlling output
o regulating competitive practices
o price fixing
- An agreement to refuse to deal with another business is known as a _________________.
o boycott
o split
o control
o division
- Which of the following is not a prerequisite to be considered a failing company prior to entering a merger?
o No other buyer is available to rescue the company.
o Too much competition exists in a particular geographical area.
o There is no other reasonable alternative.
o Its assets would evaporate but for a merger.
- Which of the following is a legitimate defense against a claim of exercise of monopoly power?
o The business acquired the monopoly innocently as an unintended consequence of another purpose.
o The business owns 75 percent of the product market.
o The business owns 25 percent of the geographical market.
o The business engaged in a tying arrangement with another business.
- One business having almost all of one product type or service within a geographical area is known as _________________ power.
o horizontal
o monopoly
o consolidated
o vertical
- True or false: The calculation of monopoly power rests squarely on a firm’s percentage of dominance in the relevant market.
True False
- The U.S. Supreme Court has developed two tests for determining the lawfulness of an agreement: the per se rule and the _________________.
o rule of reason
o rule of competition
o rule of trust
o rule of law
- In a(n) _________________, the distributor requires the purchaser of another product to buy another associated product.
o exclusive dealing agreement
o tying arrangement
o geographic allocation agreement
o price maintenance agreement
LAW 531T Week 2 Apply Assignment
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Week 2 Apply Assessment
The United States of America, acting through its attorneys, charges:
- DESCRIPTION OF THE OFFENSE
- ZEON CHEMICALS L.P. is made a defendant on the charge stated below.
- Beginning on or about May 14, 2002, and continuing until on or about December 31, 2002, defendant and co-conspirators participated in a combination and conspiracy to suppress and eliminate competition by increasing and maintaining the price of acrylonitrile-butadiene rubber (“NBR”) sold in the United States and elsewhere. The combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
- The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and co-conspirators, the substantial term of which was to suppress and eliminate competition by increasing and maintaining the price of NBR in the United States and elsewhere.
- For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did those things that they combined and conspired to do, including, among other things:
- participating in conversations and meetings to discuss prices of NBR to be sold in the United States and elsewhere;
- agreeing, during those conversations and meetings, to raise and maintain prices of NBR to be sold in the United States and elsewhere; and
- issuing price announcements and price quotations in accordance with the agreements reached.
- DEFENDANT AND CO-CONSPIRATORS
- The defendant is an entity organized and existing under the laws of the state of Delaware, with its principal place of business in Louisville, Kentucky. During the period covered by this Information, the defendant and its subsidiaries sold NBR in the United States and elsewhere.
- Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged herein and performed acts and made statements in furtherance of it.
- Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.
III. TRADE AND COMMERCE
- NBR is used to manufacture, among other things, hoses, belting, cable, o-rings, seals, adhesives, and sealants.
- During the period covered by this Information, the defendant and co-conspirators manufactured, sold, and distributed NBR in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which the defendant and co-conspirators produced NBR.
- The business activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce.
- JURISDICTION
- The combination and conspiracy charged in this Information was carried out, in part, in the United States within the five years preceding the filing of this Information.
ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.
- What is the stated cause of action?
o an attempt to suppress and eliminate competition
o combination and conspiracy to increase and maintain the price of NBR
o unreasonable restraint of interstate and foreign trade and commerce
o all of the above
- Which antitrust law did the defendant violate?
o Federal Trade Commission Act
o Clayton Act
o Taft-Hartley Act
o Sherman Act
- Which of the following is NOT an element of this complaint?
o a description of the defendant and co-conspirators
o a description of the legal action that will be taken against the defendant
o an explanation of the offense
o a conclusion that the defendant’s actions significantly affected interstate commerce
- Which of the following was an illegal act by the defendant?
o embezzling funds to maintain their business structure
o raising the price of their product
o using deceptive practices to lie to consumers about the actual price of the product
o participating in conversations and agreements with co-conspirators to maintain the price of their product
- This is an example of which type of trade restraint?
o horizontal
o vertical
o monopoly
o none of the above
- Which method did Zeon Chemicals L.P. use to restrain trade, based on the complaint?
o division of markets
o exclusive dealing agreement
o price fixing
o all of the above
LAW 531T Week 3 Practice Assignment
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Week 3 Practice Assignment
- The unlawful taking of another’s property with the intent to permanently deprive them of it is defined as _________________.
o burglary
o robbery
o embezzlement
o larceny
- Which of the following is an example of interference with a business relationship?
o aggressive advertising that steals away customers from a competitor
o using intimidation to keep parties from patronizing a certain store
o luring an employee away from his or her employer
o refusing to continue a business relationship out of spite
- What is the chief difference between a tort and a crime?
o A crime carries a public penalty.
o A tort carries a public penalty.
o A tort is legal, while a crime is illegal.
o A tort occurs in the workplace, while a crime occurs elsewhere.
- True or false: Spoken defamation is called slander.
True False
- The doctrine of _________________ states that a criminal act may be justifiable if it is necessary to prevent foreseeable harm.
o diminished capacity
o duress
o necessity
o entrapment
- A plaintiff engaging in behavior that contributes to his or her injury may be guilty of _________________ negligence.
o fiduciary
o contributory
o comparative
o affirmative
- _________________ is an intentional tort that means “harmful or offensive contact.”
o Infliction of emotional distress
o Assault
o False imprisonment
o Battery
- A(n) _________________ tort arises when a person intentionally intrudes upon another person’s solitude, seclusion, private affairs, or concerns.
o misappropriation
o intrusion upon seclusion
o false light
o public revelation of private facts
- Which of the following is not true of a misdemeanor?
o The penalty for a misdemeanor could be a $500 fine.
o It is more serious than a felony.
o The penalty for a misdemeanor could be six months in jail.
o Minor theft is an example of a misdemeanor.
- Which of the following is not true of a capital crime?
o It is punishable by death.
o It is the most severe unlawful behavior.
o First-degree murder is an example of a capital crime.
o Manslaughter is an example of a capital crime.
- Which of the following is not an example of a fiduciary relationship?
o doctor-patient
o coworker-coworker
o pilot-passenger
o babysitter-charge
- The requirement of firms to maintain best practices procedures for financial reporting is known as _________________.
o rights and interests of stakeholders
o rights and interests of shareholders
o integrity and ethical behavior
o disclosure and transparency
- Under the ethical theory of _________________, an action is ethical if it maximizes the greatest happiness for society as a whole.
o Kantianism
o social justice
o utilitarianism
o virtue ethics
- International law is generally successful in establishing all but which of the following?
o standards for weights and measures
o standards for trade of goods
o construction rules for fire prevention
o protocol for airplane safety
- Which of the following is not an entity through which international disputes are resolved?
o the Dispute Settlement Body
o the World Trade Organization
o the International Court of Justice
o the General Assembly
- If a firm meets the _________________ of behavior, it does no harm to other businesses or the community.
o social minimum
o economic minimum
o moral minimum
o ethical minimum
- The _________________ Clause gives Congress the power to regulate commerce with other nations.
o Supremacy
o Foreign Commerce
o Contract
o Treaty
- Which is not a goal of the UN?
o maintain peace
o promote economic development
o regulate currency and trade between member nations
o provide humanitarian aid
- The _________________ is comprised of 15 member states, 5 of which are permanent members.
o Secretariat
o General Assembly
o Security Council
o General Council
- Members of the _________________ contribute money to a pool through a quota system from which countries can temporarily borrow funds.
o World Bank
o International Monetary Fund
o United Nations Bank
o Bank for International Settlements
LAW 531T Week 3 Apply Assignment
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Week 3 Apply Assignment
- Bookmark question for later
Use the following information to answer questions 1–5.
MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff.
How does the concept of strict liability apply to this situation?
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict liability.
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
- Bookmark question for later
How does the concept of strict product liability apply to this situation?
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict product liability.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.
- Bookmark question for later
How does the concept of privity of contract apply to this situation?
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached a contract with the customer.
- Bookmark question for later
How does the concept of defective design/manufacturing apply to this situation?
o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to take care to avoid defective design or manufacturing.
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.
- Bookmark question for later
How does the concept of manufacturer’s duty to warn apply to this situation?
o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.
o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.
o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.
o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to warning consumers about the product.
LAW 531T Week 4 Practice Assignment
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Week 4 Practice Assignment
- Which of the following is not true of copyright law?
o A copyright is the exclusive right to reproduce, distribute, or license original creative work.
o Copyright protection is for the way ideas are presented, not for the ideas themselves.
o No notice of ownership is necessary to protect an original work.
o Original works must be registered at the copyright office.
- To be qualified for a patent, an innovation must have _________________, which means that it has not been known or used by others prior to invention by the patent applicant.
o novelty
o utility
o enablement
o patentable subject matter
- Which of the following is not an example of intellectual property?
o patents
o cash
o trade secrets
o copyrights
- A _________________ ownership gives the grantor the right to enter the property and reclaim it if a specific condition occurs.
o fee simple subject to a condition subsequent
o life estate
o fee simple determinable
o fee simple absolute
- True or false: A nonfreehold estate is a property interest with unlimited duration.
True False
- True or false: Registration with the U.S. Patent and Trademark Office is a prerequisite to federal trademark protection.
True False
- Businesses with a trade secret often require their employees to sign a _________________, in which the employees agree not to disclose the secret under penalty of heavy fines.
o misappropriation agreement
o nondisclosure agreement
o non-publishing agreement
o trade secret agreement
LAW 531T Week 4 Apply Assignment
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Week 4 Apply Assessment
It’s time for the Bizlaw County auction! For each of the auction items listed below, you will (1) determine which type of property the item is and (2) give an identifier that further describes the nature of the item.
- A ring Hugh received from his grandmother several months before she died
- A motorbike Ned got from the Harley-Davidson store for $53,000
- A motorless army jeep left on the plot of land Corey bought
- A pair of high-quality cleats that Candace found on the football field after a game
- A Sony Walkman that Mary left in her will for her nephew, Zeppelin
- The lyrics to an unpublished song that famous rapper 11 Nickels gave to his daughter when he retired
- Which type of property is item A?
A ring Hugh received from his grandmother several months before she died
o mislaid property
o abandoned property
o gift
o inherited (bequeathed) property
o purchase
- Which identifier describes the nature of item A?
A ring Hugh received from his grandmother several months before she died
o tangible property
o intangible/intellectual property
o realty
- Which type of property is item B?
A motorbike Ned got from the Harley-Davidson store for $53,000
o mislaid property
o abandoned property
o gift
o inherited (bequeathed) property
o purchase
- Which identifier describes the nature of item B?
A motorbike Ned got from the Harley-Davidson store for $53,000
o tangible property
o intangible/intellectual property
o realty
- Which type of property is item C?
A motorless army jeep left on the plot of land Corey bought
o mislaid property
o abandoned property
o gift
o inherited (bequeathed) property
o purchase
- Which identifier describes the nature of item C?
A motorless army jeep left on the plot of land Corey bought
o tangible property
o intangible/intellectual property
o realty
- Which type of property is item D?
A pair of high-quality cleats that Candace found on the football field after a game
o mislaid property
o abandoned property
o gift
o inherited (bequeathed) property
o purchase
- Which identifier describes the nature of item D?
A pair of high-quality cleats that Candace found on the football field after a game
o tangible property
o intangible/intellectual property
o realty
- Which type of property is item E?
A Sony Walkman that Mary left in her will for her nephew, Zeppelin
o mislaid property
o abandoned property
o gift
o inherited (bequeathed) property
o purchase
- Which identifier describes the nature of item E?
A Sony Walkman that Mary left in her will for her nephew, Zeppelin
o tangible property
o intangible/intellectual property
o realty
- Which type of property is item F?
The lyrics to an unpublished song that famous rapper 11 Nickels gave to his daughter when he retired
o mislaid property
o abandoned property
o gift
o inherited (bequeathed) property
o purchase
- Which identifier describes the nature of item F?
The lyrics to an unpublished song that famous rapper 11 Nickels gave to his daughter when he retired
o realty
o tangible property
o intangible/intellectual property
- Which of the following is not true of offers?
o An offeree’s silence may be counted as an agreement.
o If a counteroffer is accepted, the original offer is terminated.
o An offer may be terminated immediately if the offeree refuses it.
o An offeree may reject an offer and present a counteroffer.
- Which of the following constitutes grounds for canceling a contract?
o bilateral mistake of value
o mutual mistake of fact
o mutual mistake of value
o unilateral mistake of fact
- _________________ damages are designed to punish someone for breaching a contract and are usually only available in fraud or bad faith cases.
o Punitive
o Consequential
o Compensatory
o Nominal
- Which of the following contracts is required to be in writing?
o a contract for the sale of a bed for $350
o a prenuptial agreement
o a contract for the sale of a bicycle for $200
o a contract for the lease of a motorcycle with payments of $500
- A valid contract must include all of the following except which one?
o assent
o agreement
o mutual respect
o legality
- The __________ rule states that an offer made by one merchant to another may remain open for a set time during which it cannot be revoked.
o parol evidence
o mirror image
o main purpose
o firm offer
- A person who owes a duty under a contract is called a(n) _________________.
o obligor
o offeror
o delegator
o assignor
- A person who is owed a right under a contract is called a(n) _________________.
o assignee
o offeree
o obligee
o delegate
LAW 531T Week 5 Practice Assignment
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Week 5 Practice Assignment
- Which of the following is FALSE concerning affirmative action plans?
o Affirmative action plans do not require employers to hire unqualified individuals.
o Affirmative action plans are perpetual when ordered by a court of law.
o Affirmative action prohibits the use of quotas in hiring practices.
o Affirmative action plans typically include goals and timetables to correct imbalances in hiring and employment practices.
- The conditions necessary to show a prima facie case for age discrimination include all but which of the following?
o The employee was adequately performing the marginal job functions of the position.
o The employee is qualified for the employment position.
o The employee is over 40 years old.
o The employee was treated less favorably than another, younger employee.
- An agency may be created by _________________, in which circumstances necessitate the recognition of a binding relationship in the absence of an agreement.
o agency by estoppel
o ratification
o agreement
o operation of law
- Which of the following subjects is NOT covered under Title VII?
o religion
o sexual orientation
o national origin
o race and color
- An agent owes a principal a duty of _________________, which means using reasonable diligence and skill to complete the assigned tasks.
o performance
o loyalty
o accounting
o notification
- A principal has the duty to provide _________________ to the agent, which means paying for liabilities arising from the agent’s lawful and approved acts while pursuing the principal’s interests.
o cooperation
o reimbursement
o compensation
o indemnification
- Which of the following is a bona fide occupational qualification that allows discrimination in hiring on the basis of nation of origin or citizenship?
o English proficiency to the standard necessary to carry out essential job functions
o citizenship for employment in contracts that will take over one year to complete
o English proficiency to the standard necessary to pass an E-Verify linguistics test
o citizenship for employment in federally owned organizations
- Under the doctrine of _________________, an employer may be exposed to tort liability for the acts or omissions of an employee.
o dual-purpose mission
o vicarious liability
o frolic and detour
o indemnification
- Which of the following would NOT likely constitute hostile work environment sexual harassment in and of itself?
o offensive touching
o repeatedly asking a coworker out on dates
o disseminating pornography
o following a coworker home and taking pictures of him or her
- An agency may be terminated in all but which of the following ways?
o impossibility of the purpose
o revocation by an agent
o death of an agent
o a specified lapse of time as agreed upon by the parties
- Which of the following is a mandatory subject during collective bargaining?
o discrimination
o health benefits
o location of workplace
o supervision requirements
- Which of the following is NOT true of workers’ compensation?
o In accepting it, employees must accept a limited benefit over the risk of receiving nothing in a private lawsuit.
o It applies to any injury to an employee.
o Employers are required to compensate and insure their workers.
o It applies only to injuries that arise out of and in the course of employment.
- Which of the following is NOT true of the FMLA?
o It applies to employers in government and private sectors.
o It applies only to employers in the private sector.
o It applies to employers with 50 or more employees.
o It allows employees to leave due to parental and medical necessity.
- Which of the following is true of replaced workers after a strike?
o Employers are not required to make them aware of job vacancies.
o They cannot be terminated.
o They have the right to return to work.
o They have the right to be rehired, but only if an equivalent position becomes available.
- The defense that a worker’s errant conduct contributed to his or her own injury is which type of employer defense?
o the fellow servant rule
o assumption of the risk
o contributory negligence
o errant conduct
- Enacted in 1932, the _________________ is a federal act that established employees’ right to unionize.
o Taft-Hartley Act
o Labor Management Relations Act
o Norris-LaGuardia Act
o National Labor Relations Act
- All are true of the National Labor Relations Act except which of the following?
o It gave workers the right to engage in concerted activity.
o It gave workers the right to form unions, engage in collective bargaining, and strike.
o It declared yellow dog contracts to be against public policy.
o It created the National Labor Relations Board to administrate over union affairs.
- Which of the following is true of the Taft-Hartley Act?
o It gives the NLRB administrative power to oversee union elections.
o It provides equal representation of skilled and unskilled workers.
o It gives employers the right to engage in free speech efforts against unions.
o It establishes employees’ right to bargain collectively with employers.
- The Labor-Management Reporting and Disclosure Act was enacted for all but which of the following purposes?
o to regulate union elections
o to reduce union elite corruption
o to empower union members
o to consolidate power away from rank-and-file union members
- Which of the following is NOT true of the Fair Labor Standards Act?
o It imposes a minimum age for workers.
o It guarantees overtime payment for work beyond 40 hours a week.
o It sets a minimum wage for workers.
o It guarantees health benefits for full-time workers.
LAW 531T Week 5 Apply Assignment
Complete the Week 5 Apply Assignment in MyEducator.
Note: In MyEducator, select Student Menu > Assessments to locate the assignment.
Week 5 Apply Assessment
- Use the following information to answer questions 1–3.
Darwin is a 60-year-old software engineer for Compuswerve, Inc. Recently, the company went through a reorganization process meant to revamp the business and the work it does. The directors want to rework the company as a fresh, hip business with cutting-edge knowledge from young, creative-minded employees. Obviously, Darwin doesn’t fit into the directors’ vision, so the managers wish to replace him. Sure enough, a few weeks later Compuswerve hires some new employees, and Darwin is offered a severance plan and dismissed.
Which of the following, if true, would legally support the company’s decision to fire and replace Darwin? Check all that apply.
if the company had fewer than 20 employees
if Darwin had another job offer elsewhere
if the company was a private (non-governmental) organization
if Darwin needed a reasonable accommodation to perform his job due to a disability
if there were more highly skilled workers in the organization who could take his place
if Darwin was unable to perform the essential functions of his job
if Darwin planned to retire in less than five years
- Which law prevents employees like Darwin from discrimination in employment?
o affirmative action
o ADEA
o ADA
o Title VII
- Are the company’s actions permissible, considering its mission and vision?
o Yes, because the company is private and therefore has the right to hire or fire whomever they want to.
o Yes, because age is not a protected class in employment law.
o No, because Darwin was not given compensation or allowed adequate time to find another job.
o No, because Darwin was treated less favorably than younger employees based solely on his age.
- Visit the National Labor Relations Board website and explore the tabs on the website to answer questions 4–7. Additionally, please explore recent cases and decisions to learn more about what the NLRB does.
Who is the chairman of the NLRB?
- What does the NLRB do? Select all the main functions of the board.
o draft legislation
o enforce orders
o investigate charges against employers
o conduct elections
o file charges against employers
o facilitate settlements
o decide cases
- What types of database information and reports does the website offer? Select all that apply.
o case activity reports
o regulatory reports and notices
o inspector general notices
o petitions and elections
o performance reports
o rules and regulations
- Where is the regional NLRB office that serves the state of Arizona?
o Washington, DC
o Denver
o Phoenix
o Albuquerque
LAW 531T Week 6 Practice Assignment
Complete the Week 6 Practice Assignment in MyEducator.
Note: In MyEducator, select Student Menu > Assessments to locate the assignment.
Week 6 Practice Assignment
- The _________________ Act protects consumers in the collection and reporting of their personal financial credit information.
o Equal Credit Opportunity
o Fair Credit Reporting
o Fair Debt Collection Practices
o Fair Credit and Charge Card Disclosure
- In order to make a claim of deceptive advertising, a party must show all but which of the following elements?
o The false claim is made about a product or service.
o The false claim does not affect the purchasing decision.
o The false claim is likely to produce economic injury.
o The false claim is likely to deceive a buyer.
- Which of the following is not a goal of the National Environment Policy Act?
o to conserve energy and endangered animals
o to encourage productive and enjoyable harmony between humans and their environment
o to prevent damage to the environment and biosphere
o to enrich understanding of ecological systems and natural resources
- Which of the following is NOT a form that an express warranty may take?
o descriptions of a product
o oral and written representations of a product
o representative samples and models of a product
o hyperbole about the nature or quality of a product
- Which of the following is NOT true of the Food and Drug Administration?
o It inspects manufacturing facilities to check for adulteration.
o It tests all drugs for safety and efficacy.
o It aims to prevent adulterated food from entering the marketplace.
o It conducts premarket safety assessments for new drugs.
- A copyright claim is an example of a(n) _________________ on a product.
o lien
o title
o implied warranty
o infringement
- An implied warranty of _________________ is an inherent promise that the product sold conforms to ordinary standards and that it is of the same average grade, quality, and value as similar products.
o title
o product dependability
o merchantability
o fitness for a particular purpose
- Which of the following is NOT true of the Consumer Product Safety Commission?
o It operates a hotline and a website where consumers may report dangerous products.
o It may issue recalls for dangerous products, but it may not ban dangerous products that are in the marketplace.
o It is presided over by three commissioners who are appointed by the president.
o It is an independent agency that does not operate under any other department of the federal government.
- Which of the following is NOT a required element of an environmental impact statement?
o a cost-benefit analysis of the project
o a consideration of less adverse alternatives
o a supportive petition of signatures proportional to the area’s population
o negative effects to the environment from the proposed action
- Accredited investors are those who have a net worth of at least _________________.
o $10 million
o $5 million
o $20 million
o $1 million
- Which of the following is NOT a goal of the Dodd-Frank Act?
o stabilizing the economy
o increasing transparency and accountability
o addressing fraud-related issues in investment banking and accounting
o halting “too big to fail” bailouts
- Which of the following is NOT true of the Investment Company Act?
o It defines what constitutes an investment company.
o It restricts some types of securities trading.
o It regulates the terms of adviser compensation.
o Its primary purpose is to address conflicts of interest that arise in the operation of investment opportunities.
- Which of the following is NOT true of the Investment Advisers Act?
o It contains a general antifraud provision.
o It regulates the terms of management of client assets.
o It imposes a duty on advisers to act in the best interest of their clients at all times.
o It requires all investment companies to register with the SEC.
- Which of the following is NOT an aim of the SOX Act?
o To increase corporate responsibility
o To increase accountability of investment advisers
o To increase disclosure requirements
o To address fraud-related issues in accounting and investment banking
- Which of the following is NOT true of the Securities Act of 1933?
o It requires registration from securities issued by federal, state, and local governments.
o It requires issuers of securities who make offers to the public to register with the SEC.
o It was enacted after the 1929 stock market crash, when many people thought unregulated securities trading was the cause of the crisis.
o Its aim is to deter fraud by regulating the way that securities are offered to the public.
- Trading of information that is not generally available to the public is known as _________________ trading.
o interdepartmental
o insider
o nonpublic
o private
- Which of the following is NOT a responsibility of the SEC?
o prosecuting violations of regulations
o copying state regulations and enforcing them on a federal level
o monitoring the activities of advisers and brokers
o instituting regulations
- Financial interests that are expressly recognized as securities under the law are known as _________________ securities.
o express
o limited
o special interest
o statutorily defined
- Which of the following is NOT true of securities?
o Classification of securities hinges on an evaluation of the investor’s role in the investment.
o Stocks are always securities.
o Bonds and investment contracts are examples of securities.
o Securities involve pooled assets and shared profits.
- Companies whose assets surpass $10 million are required to do all but which of the following?
o report the shares of company stock that they hold
o report major business developments as they occur
o file annual and quarterly financial reports
o report all major changes in personnel
LAW 531T Week 6 Apply Assignment
Complete the Week 6 Apply Assignment in MyEducator.
Note: In MyEducator, select Student Menu > Assessments to locate the assignment.
Week 6 Apply Assessment
- Use the following information to answer questions 1–3.
Examine the SEC enforcement actions against violators of the FCPA on the “SEC Enforcement Actions: FCPA Cases” web page. Look at several different examples from the site. Note that detailed information about each case is available if you click on the name of the company.
What are the typical repercussions for violators of the Act?
o millions or even billions of dollars in penalties
o jail time
o forced bankruptcy
o being prohibited from doing business
- What kinds of unlawful activity did the guilty parties participate in? Check all that apply.
o sexual harrassment
o failure to implement internal accounting controls
o bribery
o obtaining illicit government licenses
o discrimination in employment
o improper payments
- The SEC investigates illegal activity stemming from ________ companies and their representatives.
o foreign
o U.S.
o both U.S. and foreign
- Use the following information to answer questions 4–8.
David borrows $3,000 from Melanie’s loan company in order to pay for a new car. A few months after the loan takes place, David falls behind on his payments. Melanie begins attempting to collect the money owed from David. She takes the following steps:
Melanie calls David in the afternoon to discuss his payments, but he does not answer. Is this action permitted under the Fair Debt Collection Practices Act (FDCPA)?
o yes
o no
- Melanie sends a letter marked “urgent” to David’s address, but he sends no reply. Is this action permitted under FDCPA?
o yes
o no
- Melanie visits David’s house at 6 p.m. on a weekday, but nobody answers the door. Is this action permitted under the FDCPA?
o yes
o no
- Melanie emails David’s employer to ask how and when she may contact David. Is this action permitted under the FDCPA?
o no
o yes
- Melanie leaves a message on David’s answering machine, promising to call the police if he does not pay his debt. Is this action permitted under the FDCPA?
o no
o yes
- Imagine that your company is offering securities for the first time and must register with the SEC. If you were to create a registration statement with the SEC, which of the following elements would you need to include? Check all that apply.
o financial condition of the issuer
o description of commerce activities that take place across state lines
o type of business organization of the issuer
o proposed use of the proceeds
o name and location of the issuer
o description of the securities being sold
o factors that could affect the success of the business venture