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Title: Law 575 Final Exam Latest Assignment

1
LAW 575 Final Exam
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1) Which of the following is true regarding
state and federal court jurisdiction?
In all cases, state courts have concurrent
jurisdiction with the federal courts.
Federal courts begin with exclusive jurisdiction
until a state court intervenes.
In all cases, state courts have exclusive
jurisdiction unless the state's Supreme Court
grants jurisdiction to a federal court in the
state.
In some cases, state courts have exclusive
jurisdiction in some cases, state courts have
concurrent jurisdiction with the federal courts.
2) Which of the following is true regarding a
sole proprietorship?
A sole proprietor shares control of the
management of the business.
The sole proprietor keeps a portion of the
profits from the business.
Profits are not taxed as the personal income of
the sole proprietor.
A sole proprietor is personally liable for
obligations of the business.
3) Which of the following is a type of ADR?
Consultation
Mediation
Case argument
Case analysis

4) Which of the following is an extension of
negotiation?
Arbitration
Minitrials
Neutral case evaluations
Mediation
5) Without obtaining advance permission, Annie
places an unflattering photograph of the
president of the college that she attends on
folders that she is selling outside of class for
extra money. Which of the following is true?
Annie has committed defamation of the college
president in the form of slander.
Annie has committed defamation of the college
president in the form of libel.
Annie has appropriated the photograph for
commercial gain, which constitutes an invasion of
privacy.
Annie has not committed any tort.
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6) ________ torts occur when the defendant takes
an action that is inherently dangerous and cannot
ever be undertaken safely, no matter what
precautions the defendant takes.
Liability
Intentional
Negligent
Strict-liability
7) The violation of a duty of care is called
breach of responsibility
breach of statute
breach of duty
objectionable breaching
8) Which of the following are common
classifications of torts?
Intentional, negligent, and criminal
Intentional, criminal, and strict-liability
Intentional, negligent, and strict-liability
Criminal, negligent, and strict-liability

9) Which of the following are commonly used
theories of recovery in product liability cases?
Negligence, negligence per se, and breach of
warranty
Strict product liability, negligence per se, and
breach of warranty
Breach of warranty, negligence, and negligence
per se
Negligence, strict product liability, and breach
of warranty
10) The person who makes an offer is called an
offeree
offeror
agreeor
agent
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575 Final Exam (Latest)

11) Which of the following is what a person will
receive in return for performing a contractual
obligation?
Consideration
Acknowledgement
Approval
Accord
12) Which of the following is true regarding the
adequacy of consideration?
Courts generally consider the adequacy of
consideration in determining whether to enforce a
contract.
Courts consider the adequacy of consideration
only if something is sold for less than 90 of
its market value.
Courts consider the adequacy of consideration
only if something is sold for less than 80 of
its market value.
Courts consider the adequacy of consideration
only if something is sold for less than 70 of
its market value.
13) Which of the following represents an accord
and satisfaction?
When a dispute over an unliquidated debt is
settled and is paid for less than the full amount
When a dispute over a liquidated debt is settled
and paid for less than the full amount
When a dispute over an unliquidated debt is
settled and paid for the full amount
When a dispute over a liquidated debt is settled
and paid for the full amount

14) Jenny works at a Mexican fast-food
restaurant, which is owned by an international
company located in Mexico. Jenny is very angry
with her supervisor, Sleaze, as he has been
making inappropriate sexual comments to her and
other employees. Jenny decides to sue and retains
a lawyer, Brice. Brice talks with the owners of
the restaurant and is informed that Jenny signed
an agreement to arbitrate any claims. Jenny also
informed Brice about other employees who had
complained about sexual harassment and entered
into mediation agreements. Brice promises her
that he will get copies of all documents and
everything that was taken down by the court
reporter at those mediations. Brice also tells
Jenny that, while he is not going to bring it up
now, if they so choose, Brice and Jenny can avoid
the arbitration agreement, because under a new
federal law, such agreements cannot be enforced
if one of the companies involved is
internationally based. He also tells Jenny in
response to her question about the possibility of
mediation in her case to forget it, because
mediation is pretty much the same thing as
arbitration. Brice tells Jenny that an option is
to arbitrate and, if the outcome is bad at
arbitration, she can file a court action in
federal court. Brice says that the federal court
judge would not consider an arbitrator's decision
in making a determination. Assume the Uniform
Mediation Act provisions apply. Can Brice obtain
information from the previous mediators regarding
what occurred at the previous mediations?
Yes, but only if a court reporter was present.
He can get accounts of statements, but not copies
of written documents.
He can get the information only if the mediators
in the other cases want to cooperate.
He cannot get copies of documents or accounts of
what was said from the mediator.

15) Which of the following is generally defined
as a relationship between a principal and an
agent?
Agency
Principality
Combination
Employment
16) Which of the following is true if there is no
agreement between a principal and an agent
regarding the amount for which the principal will
compensate the agent?
It will be assumed that the agent agreed to work
for free on a gratuitous basis.
The principal will be allowed to set the price,
which will be enforced unless it is
unconscionable.
The court will appoint a magistrate to set the
price.
Compensation will be calculated according to the
customary fee in the situation.
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17) Which title of the Civil Rights Act of 1964
deals with discrimination in employment?
Title VII
Title VI
Title V
Title IV
18) Which of the following is true regarding
discrimination based on sexual orientation?
There is a federal law specifically prohibiting
discrimination based on sexual orientation
providing back pay, attorney fees, and punitive
damages as available remedies.
There is a federal law specifically prohibiting
discrimination based on sexual orientation, but
it only provides for back pay as an available
remedy.
There are no state laws specifically prohibiting
discrimination based on sexual orientation nor is
there any federal law providing such protection.
While there is no federal law specifically
prohibiting discrimination based on sexual
orientation, some states do have laws prohibiting
discrimination based on sexual orientation.

19) Which of the following is a federal law
regulating the payment of wages and overtime?
The Fair Pay Act
The Fair Labor Standards Act
The Regulatory Wage Act
The Subsistence Pay Act
20) Striking union members of ABC Company decide
that picketing ABC Company is not accomplishing
the desired results and decide to further their
efforts. Sally, the union president, suggests
that they picket XYZ Company, a supplier to ABC,
to pressure XYZ into not doing business with ABC.
Which of the following is true regarding Sally's
plan?
Sally's plan is a good idea, and this type of
picketing is frequently and legally engaged in by
union members during labor disputes.
Sally's plan is a good idea only if the strike
has been going on for more than 30 days, because
under the National Labor Relations Act, union
members may not picket any company other than the
employer for at least 90 days.
Sally's plan is only legal if XYZ employees are
represented by the same union as ABC employees.
Sally's plan is illegal because of the
prohibition against secondary boycotts occurring
during a labor dispute when employees boycott a
company other than their own to force it to cease
doing business with their employer.
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575

21) A ________ is a distinctive mark, word,
design, picture, or arrangement that is used by a
producer in conjunction with a product and tends
to cause consumers to identify the product with
the producer.
Copyright
Patent
Trade secret
Trademark
22) In which of the following types of ownership
does each co-owner have the right to sell his or
her interest without the consent of the other
owners, the right to own an unequal share of the
property, and the right to own property subject
to the right of a creditor to attach his or her
interest?
Joint tenancy
True tenancy
Tenancy in common
Joined tenancy

23) If a trademark is registered, what may the
owner obtain in the event of infringement from a
person who used the trademark to pass off goods
as being those of the mark owner?
An injunction prohibiting the infringer from
using the mark only
An additional amount of damages computed as a
multiplier of 5 times the original damages
Damages, an injunction prohibiting the infringer
from using the mark, and additional damages based
on a multiplier of 5 times the original damages
Damages and an injunction prohibiting the
infringer from using the mark
24) Which of the following types of insurance
should a business manager purchase to obtain
protection against a broad range of risks?
A commercial general liability policy
A business tort policy
A litigation commercial policy
An economic protection policy

25) Which of the following oversees the purchase
and sale of securities?
The Securities Act of 1933
The Securities Exchange Act of 1934
The Depression Act of 1932
The Oversight Act of 1935
26) A workers' compensation insurance policy is
an example of which of the following types of
insurance?
Casualty
Loss
Business
Injury
27) How are directors typically chosen after the
incorporation process?
By majority vote of the shareholders
By majority vote of all officers
By a two-thirds vote of shareholders
The president appoints them at his or her
discretion
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28) Wendy is the president of a business that
manufactures kites. The kites of her company, ABC
Kites, are sold to large toy stores. After Wendy
learned a great deal about kites, she started to
make kites at home. She started selling kites to
friends, and she also started to make inquiries
regarding selling her kites to larger toy stores
in the area and to make a few sales to them. Her
plan was to start small and then leave ABC after
she had increased sales. She did not work on her
side project while she was on the clock with ABC.
Some of the directors learned about her kite
sales and accused her of wrongdoing. Wendy denied
any wrongdoing and pointed out that she did not
work on her project while she was on the job with
ABC. What duty, if any, did Wendy violate?
She did not commit any violation.
She violated the duty of loyalty.
She violated the duty of care.
She violated the duty of understanding.

29) Which of the following best describes the
term comparative law?
It is the study of the legal systems of different
states.
It is the study of the laws governing the conduct
of states and international organizations and
their relationships with one another.
It is the study of the difference between public
and private law in the United States.
It is the study of the difference between
constitutions and administrative rules and
regulations within the United States.
30) What has the U.S. Supreme Court held
regarding whether U.S. courts must rely on
customary international law?
The U.S. Supreme Court has held that U.S. courts
may disregard customary international law.
The U.S. Supreme Court has held that even if a
governing international agreement says otherwise,
a U.S. court must rely on customary international
law.
The U.S. Supreme Court has held that even if a
controlling executive act is to the contrary,
U.S. courts must rely on customary international
law.
The U.S. Supreme Court has held that in the
absence of a governing international agreement,
or controlling executive, or legislative act, or
judicial decision, U.S. courts must rely on
customary international law.

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