Which of the following statements is true regarding bona fide occupational qualification BFOQ?
Age cannot be the subject of BFOQ.
The BFOQ defense is legalized discrimination.
Race and color can be the subject of a BFOQ.
BFOQ and business necessity are the same.
Which of the following acts created the Public Company Accounting Oversight Board (PCAOB)?
Deficit Reduction Act
Commodity Futures Modernization Act
Which of the following types of damages are most likely to be awarded when a legal right has been injured or if fault has been shown, but plaintiff has failed to prove that any actual loss occurred as a result of that fault?
Which of the following gave rise to the concept of comparable worth?
Tax Relief and Health Act
Equal Pay Act
American Recovery and Reinvestment Act
Class Action Fairness Act
A tombstone ad can be published only after the registration process is complete.
Which of the following falls in the category of quid pro quo sexual harassment?
Repeated requests for dates or sexual activity
Negative or stereotyped gender-based jokes
Display of nude or sexually explicit photos in the workplace
Declining workplace benefits such as promotion unless the employee engages in sexual activity with the harasser
Antitrust crimes involve unfair marketing techniques and conduct designed to eliminate competition through unfair means.
Which of the following groups of people are excluded from the National Labor Relations Act?
Trademarks, unlike copyrights and patents, are designed to promote the progress of science and useful arts.
The Parol Evidence Rule provides that if there is a valid, written, integrated contract between the parties, then evidence of prior or contemporaneous agreements will not be permitted to vary or alter its terms.
The Comprehensive Environmental Response, Compensation, and Liability Act:
gave the Council on Environmental Quality power to seek out the parties responsible for any waste release and assure their cooperation in the cleanup.
was enacted in 1990.
is also known as the Superfund and provides a fund of money to clean up uncontrolled or abandoned hazardous waste sites as well as accidents and spills.
is proactive in nature.
A bailment is the legal relationship created when a person gives title of property but not possession to the property to another for a specific purpose.
A nonregistered stock:
can be negotiated by whoever possesses the stock.
exists in the form of a stock certificate.
is a type of a debt security.
represents a loan to the company which the company promises to repay with interest.
Which of the following forms of holding a property is specific to married couples?
Joint tenants with right of survivorship
Tenants by the entirety
Tenants in common
A _____ is the one who gifts his personal property to someone.
Which of the following is the final appellate court?
United States Supreme Court
Federal Circuit Court of Appeal
The collective bargaining agreement:
contains only permissive subjects of bargaining.
helps the employer in thwarting the formation of a union.
does not provide any means of resolving conflicts.
contains all relevant issues that may arise in the workplace.
According to the Sarbanes-Oxley Act, an attorney has the duty to "report up" any evidence of material violation by an issuer, its officer, director, employee or agent. Here reporting up means:
filing suit against the directors for the violation.
reporting the violations to a chief legal officer or qualified legal compliance committee.
publishing the violation in the media.
informing the shareholders about the violation.
Which of the following is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict?
A(n) _____ states that even if all the allegations made by the plaintiff are true, there is a defense to the allegation, and the plaintiff should lose.
If an Environmental Impact Statement is required, the responsible agency must publish a notice of intent (NOI) in the Federal Register, indicating intent to prepare a draft environmental impact statement (DEIS) and the date and place of any scoping meeting.
If the one being defrauded actually knows he or she is entering into a contract, but has been told untruths about significant parts of the contract that form the basis of the bargain then it is an example of:
fraud in the inducement.
The very first thing a party with a conflict should do is to attempt mediation with the other party to the dispute.
Tenants by the entirety is a form of holding property that is specific to married couples.
Color and race are one and the same.
The UN Convention on the International Sale of Goods (CISG) treaty is adopted by the United States.
When a stock is represented in electronic form it is known as a noncertificated stock.
The concept of _____ requires businesses to consider the potential environmental impact of a product and the process used to make that product.
designing for the environment
In which of the following types of corporation the outstanding shares of stock are held by a small number of persons, frequently family relatives or friends?
Closely held corporation
Under the UCC, an acceptance with varied terms terminates the original offer.
An endangered species is one that is in danger of extinction throughout all or a significant portion of its range.
violations of law that are civil in nature.
violations of law that are criminal in nature.
Which of the following is one of the defenses to negligence?
The tort was committed in defense of self or others.
The plaintiff contributed to the injury by doing a negligent act him- or herself.
The tortfeasor did not have the intent to harm.
The tortfeasor was as careful as possible.
(n) _____ property is a personal property to which an owner has relinquished all right and title and which is not given to someone through a validly executed will.
A _____ is a federally protected intellectual property that generally protects authors, illustrators, photographers, musical composers.
The Sixth Amendment establishes our constitutional right to an attorney through the important phases of the criminal process.
Entrenchment happens especially when the acquiring firm and the acquired firm are near monopoly.
Nonbinding arbitration is known as mediation.
Which of the following types of intellectual property consists of any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish his or her goods from those manufactured or sold by others?
_____ is the easiest and the cheapest alternative dispute resolution method.
Summary jury trial
With reference to assignment, the party who assigns their right is a(n) _____.
Which of the following terms best describes conciliation?
Identify the correct statement regarding security.
A security is a type of chattel paper.
Stock is one type of security.
Debt securities represent investors buying ownership in a company.
A security is not a negotiable instrument.
The Clayton Act declared exclusive dealing contracts unlawful.
A _____ is patentable.
law of nature
distinct and new variety of plant produced asexually
fundamental scientific principle
Cartels are prohibited under §1 of the Sherman Act.
Which of the following terms best describes the decision reached by an arbitrator?
In the European Union (EU), almost all the antitrust enforcement is done by the:
Court of Justice.
In the context of initial public offering, which of the following documents best represents a preliminary prospectus whose purpose is to give potential investors as much information as possible before the sale is actually consummated and which is issued prior to the final prospectus being filed with the SEC?
Article of incorporation
Red herring prospectus
If a terminated employee stands outside the restaurant from which he was fired and falsely tells approaching customers that the restaurant uses horsemeat in its hamburgers rather than beef, the restaurant owner can successfully sue the ex-employee for:
intrusion upon seclusion.
If an offer is made but before it can be accepted the subject matter of the offer becomes illegal then what will happen to the offer?
It becomes an option contract.
It is considered as an executed contract.
It is terminated.
It becomes a contract implied in fact.
Ethical issues have always been at the heart of labor-management relations.
The grantee of the estate for years can grant the land to someone else for life estate.
The legal system that exists in most of the Oceania is based on the customary law.
According to the principle of stare decisis:
federal courts can not consider those cases that represent hypothetical issues.
a case can be considered ripe if it rests upon future, contingent events.
judicial reasoning that is unnecessary to a decision has no binding effect on later courts.
courts are encouraged to follow their own prior decisions.
Which of the following statements is true regarding the sociological theory?
This theory is based on a premise that there is a discoverable set of absolute right and wrong principles upon which our laws should be based.
According to this theory, law should change as societal ideas change.
According to this theory, to the extent laws reflect laws of nature, or God, the laws are considered "good" ones. To the extent they do not, they are "bad."
This theory is based on the premise that law derives its status as law from the fact that it has been enacted by the sovereign with the power to enforce his or her wishes.
The Federal Circuit Court of Appeal has appellate jurisdiction over the U.S. Claims Court.
Palming off is also known as injurious falsehood.
Which of the following is also known as a quasi contract?
A contract implied in law
An unenforceable contract
A contract implied in facts
A voidable contract
Which of the following organizations is part of the executive office of the President and it is the official U.S. representative in all activities concerning the GATT?
Office of Management and Budget
Office of the U.S. Trade Representative
Administrative Office of the U.S. Courts
Office of Special Counsel
The public gets _____ days to comment, after which the final Environmental impact Statement is reported upon.
There are four main federal laws that form the statutory basis for _____.
The bona fide occupational qualification (BFOQ) defense is legalized discrimination.
Identify the crime that uses unfair marketing techniques and conduct designed to eliminate competition through unfair means.
Which of the following best represents a compilation of the most common approaches to states' common law of contracts, but is not, in and of itself, law?
Code of Federal Regulations
Restatement of Contracts
Uniform Commercial Code
According to federal jurisdiction a case will have sufficient standing if the case:
represents a hypothetical issue.
rests upon future contingent events.
has sufficient connection to the law challenged.
involves diversity of citizenship.
Generally, the cost of arbitration is more than litigation.
If an offer is made but before it can be accepted the subject matter of the offer becomes illegal, the offer is terminated.
The most important duty of the principal toward his agent is to indemnify the agent for expenses incurred within the scope of the agency.
The executive branch of the government has primary responsibility for enacting laws.
One of the requirements of a valid contract is mutual assent and mutual assent ensures that those who enter into agreements understand the nature and effect of their agreements.
If and when a corporation decides to "go public" it offers its shares for sale through a(n) _____.
initial public offer
follow-on public offer
If a corporation is holding an annual meeting for the purpose of voting on a board of directors, Rule 14 requires that the proxy be accompanied by a(n) _____ containing financial information on the corporation.
statement of information
red herring prospectus
A tortfeasor can be held liable for an intentional tort only if it results in an injury.
Most business crimes are referred to as _____ crimes.
Using old wooden pallets for lawn furniture is an example of upcycling.
Which of the following statements is true regarding a mock trial?
This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.
It involves assembling ordinary citizens and then asking them to act like a jury.
It is generally carried out after the case has been filed with the court.
Lawyers for both sides assemble a panel of neutral advisors and high-ranking business executives with settlement authority from each business.
_____ is a type of intentional tort that involves the intentional, unpermitted, or offensive touching of the body of another.
Gray market goods:2013_QC_30971
are manufactured in the United States.
are the same as the counterfeit goods.
are imported into the U.S without consent of the American trademark holder.
do not bear a valid U.S. trademark.
In 1997, a group of interested nations negotiated a treaty with the goal of stabilizing greenhouse gas concentration in the atmosphere at a level that would not harm the climate. This treaty was known as the:
The legal system existing in most of the South America is based on the _____ law.
The relationship between the union and management is governed by a(n):
yellow dog contract.
open shop contract.
Acts violating criminal law are called torts.
In the case of an agency relationship, which of the following terms best represents the one for whom the work is performed?
Which of the following is a legal document that gives title to the property to the owner?
A trial that takes place before a judge and a jury is known as a bench trial.
A _____ is an unincorporated business owned by a single individual.
limited liability company
_____ is an example of a crime included under the public corruption category.
A federal public official engaged in covert payoffs
A security is defined as a _____ that represents financial value.
Identify the correct statement regarding an alternative dispute resolution (ADR) program attached to the court.
It increases court docket congestion.
It lightens the court's caseload.
It increases wait for court dates for litigants.
It increases the cost of dispute resolution.
Which of the following is most likely to identify the producer rather than the products or services produced?
Which of the following is governed by statutes of limitation?
The time frame for filing lawsuits
The cases of first impression only
The fee arrangements between an attorney and his/her clients
The use of electronically stored information in a lawsuit
The Norris-LaGuardia Act of 1935 upheld contracts that required employees to pledge that they did not belong to a union and would not join one while working for the employer.
Price sharing by trade associations is regarded anticompetitive when:
sharing involves data pertaining to past prices.
identification of individual customers is not required.
sharing only includes the exchange of past statistical data.
members are required to make daily reports.
_____ includes land and anything permanently attached to it such as houses.
Tangible personal property
Intangible personal property
Identify the correct statement regarding the alternative dispute resolution (ADR) mechanism.
Usually it is more expensive than litigation.
ADR outcomes are crafted by the parties.
Very few disputes are resolved by the ADR mechanism.
Usually it is more time consuming than litigation.
Which of the following types of contracts only buys the offeree time to accept or reject the offer and does not mean the offeree must accept?
Blank forms are not copyrightable.
Which of the following is the next most frequent ADR mechanism after conciliation?
Identify the correct statement regarding assault.
All threats are assault.
The act can be toward an animal or property.
The victim should be deathly afraid.
It must appear that the unwanted act is imminent.
|Due By (Pacific Time)||08/10/2015 12:00 am|
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