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LAW 531 Final Exam (60 Questions - Most Recent)

LAW 531 Final Exam (60 Questions - Most Recent)
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LAW 531 Final Exam (60 Questions - Most Recent)

1. What defense can an employer use to a charge of sexual harassment?      
  • The harassed employee was not made aware of the company's antiharassment policies.           
  • The harassed employee took advantage of the preventive measures provided by the company but still could not avoid being harassed.
  • The employer does not have any complaint mechanisms for employees who are harassed.           
  • The employer used reasonable care to prevent and correct the sexually harassing behavior.
 
2. Choose the correct statement about the Environmental Protection Agency (EPA).          
  • It is exclusively created to regulate air pollution standards.    
  • It has the power to initiate judicial trials in case of violation of environmental laws.          
  • It does not enforce environmental laws related to the protection of wetlands.        
  • It can enforce federal environmental regulations but cannot make regulations on its own.
 
3. What is "riba" in the context of Islamic law?         
  • It is a compilation of decisions of the prophet.  
  • It refers to the making of unearned profits.        
  • It is the doctrine of proper behavior.        
  • It refers to independent reasoning.
 
4. The state of Oriel, Selenasia, enacts a law that imposes a 40 percent tax on automobiles that are made outside of Selenasia and sold in the state. However, Oriel does not impose this tax on Selenasian-made automobiles that are sold in Oriel. This scenario resembles a violation of which clause of the U.S. Constitution?           
  • The Multilateral Treaty Clause     
  • The Bilateral Treaty Clause          
  • The Foreign Commerce Clause   
  • The Treaty Clause
 
5. Teledor Inc. and Comunika Inc. are two competing cellphone manufacturers. Jane, a customer at Teledor, is told by an employee that Comunika phones have weak battery back-up and are very prone to damage. The employee makes these remarks even though he knows that they are completely false. Jane, who has been contemplating between Teledor and Comunika, is influenced by what she hears and purchases a Teledor phone. What kind of intentional tort should be used against Teledor in this scenario?          
  • Malicious prosecution        
  • Disparagement        
  • Battery           
  • Appropriation
 
6. Identify an accurate statement about res ipsa loquitur, a special negligence doctrine.    
  • It applies to cases in which injuries that occurred were not foreseeable.      
  • It applies to cases in which the plaintiff also contributed to the negligence.           
  • It applies to cases in which it can be assumed that the defendant was in control of the situation in which the injuries occurred.
  • It requires the plaintiff to demonstrate how exactly the situation arose out of the negligence of the plaintiff.
 
7. Identify an accurate statement about the doctrine of comparative negligence.      
  • A person who is partially responsible for causing his or her own injuries cannot file a suit against the other party who partly caused the injuries.
  • A plaintiff who is partially responsible for causing his or her own injuries cannot recover damages from the defendant.      
  • A plaintiff who is partially responsible for causing his or her own injuries can recover a proportion of the damages from the defendant.              
  • A plaintiff who is partially responsible for causing his or her own injuries can recover all the damages from the defendant.
 
8. What is true about the applicability of strict liability?      
  • It cannot be applied to products that are defectively manufactured. 
  • It can be applied to sellers who fail to warn of generally known dangers.   
  • It can be applied to products that are defectively packaged.   
  • It cannot be applied to products that were not supported by sufficient instructions.
 
9. Which statement best describes an injunction as an equitable remedy?     
  • It requires a breaching party to pay damages to the injured party for both actual and foreseeable losses.
  • It orders a breaching party to perform the acts promised in a contract.         
  • It prohibits a party from performing a particular act that may cause injury to another party.           
  • It allows a court to change the terms of a contract to make them true to the parties' intentions.
 
10. Identify the true statement in the context of a franchise arrangement.        
  • The franchisee can sell the franchisor's products but can never manufacture them.       
  • The franchisor licenses the franchisee to use the former's trademarks.        
  • The franchisee can manufacture the franchisor's products but can never distribute them directly to consumers.        
  • The franchisor is essentially the owner of the franchisee.
 
11. Identify an accurate statement about distributional interest in the context of limited liability companies (LLCs).
  • A transferee of a distributional interest receives all distributions from the LLC to which the transferor belonged.           
  • A member's distributional interest can be transferred completely, or partly.
  • A transferee of a distributional interest automatically becomes a member of the LLC.     
  • A member who transfers his or her distributional interest will no longer be liable for the debts and obligations of the LLC.
 
12. What is true about consideration in the context of contracts?          
  • It also encompasses performances and services.        
  • It is exclusively in the form of tangible payments such as money or property.        
  • It is typically included in gift promises.    
  • It is an optional component of a written contract that parties can choose to omit.
 
13. What does a current plaintiff need to prove to succeed in a malicious prosecution lawsuit?           
  • The original plaintiff did not initiate the original lawsuit.
  • The original lawsuit had probable cause.          
  • The original lawsuit was initiated without malice.        
  • The current plaintiff suffered injury because of the original lawsuit.
 
14. In which case will a limited partner in a limited partnership have liability that extends beyond the contributions made by him or her?           
  • When the limited partner provides personal guarantee for a loan taken by the partnership           
  • When one of the general partners withdraws from the limited partnership 
  • When the limited partnership is involved in a tort and needs to pay compensation as ordered by the court  
  • When the limited partnership incurs severe losses
 
15. Identify a difference between publicly held and closely held corporations.          
  • Shareholders of publicly held corporations participate in management activities; shareholders of closely held corporations do not.         
  • Closely held corporations are large; publicly held corporations are comparatively smaller.           
  • Publicly held corporations have many shareholders; closely held corporations have fewer shareholders.          
  • Closely held corporations trade their shares on organized security markets; publicly held corporations do not.
 
16. Identify a difference between treasury shares and outstanding shares in a corporation.           
  • Outstanding shares are the ones that are repurchased by the corporation; treasury shares are not.    
  • Outstanding shares have the right to vote; treasury shares do not.  
  • Treasury shares are issued by the corporation; outstanding shares are not.          
  • Treasury shares cannot be reissued; outstanding shares can be.
 
17. What is true about the scope of Good Samaritan laws in the context of special negligence doctrines?   
  • They apply to professionals like lawyers and architects.         
  • They protect professionals from liability for their ordinary and gross negligence.  
  • They apply to medical health professionals.     
  • They protect manufacturers and distributors from product liability.
 
18. Quenchers Inc., a heath drink manufacturer, launches a new product called Sprint. The packaging of this drink also includes a statement that says "Fifty times healthier than Green." Green is a product of Booster Inc., another health drink manufacturer. Quenchers has no research data to back this claim. What type of unfair business practice is illustrated in the scenario?    
  • Deceptive advertising        
  • Copyright infringement      
  • Bait and switch        
  • Restraint of trade
 
19. What statement is true about the powers of the Food and Drug Administration (FDA) in the context of drug regulation?       
  • The FDA can only regulate the manufacture of prescription drugs. 
  • The FDA's powers are restricted to the regulation of the sale of drugs.         
  • The FDA is not authorized to revoke licenses of drugs that are in use.       
  • The FDA has the authority to license new drugs.
 
20. Choose the correct statement about limited liability partnerships (LLPs). 
  • They should have one or more general partners personally liable for the debts and obligations of the partnerships.
  • They do not get flow-through tax benefits.         
  • They cannot have partners who are professionals such as doctors or lawyers.     
  • They are created by state and not federal laws.
 
21. Identify an accurate statement about the Treaty Clause in the context of the United States and foreign affairs.
  • It states that a treaty can be formed when one-third of Senate members agree to it.         
  • It states that state governments can pass laws that contradict treaties signed by the federal government. 
  • It states that the U.S. president is the agent of the United States in dealing with foreign nations.         
  • It states that local state governments can also enter into treaties with foreign nations.
 
22. What is true of the Economic Espionage Act?   
  • It criminalizes the theft of trade secrets through the use of the Internet.      
  • It criminalizes the discovery of trade secrets through reverse engineering.
  • It provides federal protection exclusively to trademarks and service marks.
  • It relieves business owners of the obligation to protect their intellectual property.
 
23. What is true of the necessary elements of an environmental impact statement (EIS) according to the National Environmental Policy Act (NEPA)?     
  • It must mention the environmentalist parties that challenged the proposed action in court.           
  • It must contain a cost-benefit analysis of the proposed federal action and alternative actions.           
  • It must not refer to the expert opinions of engineers, geologists, or other professionals.  
  • It must not mention or describe any alternate actions to the proposed federal action.
 
24. Which statement is true about the different types of agency relationships?         
  • An employer-employee relationship involves complete transfer of authority to the employee.           
  • A principal-agent relationship involves hiring an employee to enter into contracts on behalf of the principal.       
  • A principal-agent relationship involves assigning an employee a specific physical task to perform.        
  • An employer-employee relationship involves hiring an employee to act as an agent of the employer.
 
25. Identify an accurate statement about the Equal Pay Act.        
  • The act states that the employer can lower the wages of employees to remedy a wage disparity.       
  • The act states that wages may differ when shift differences are involved.  
  • The act exclusively covers federal workers.       
  • The act does not encompass private-sector employees.
 
26. What is true of a vertical merger?  
  • It combines the operations of two manufacturers in the same market.         
  • It creates increased market share.           
  • It combines the businesses of a supplier and a customer.     
  • It combines the operations of suppliers in the same market.
 
27. Tanya and Amit, married for five years, have filed for divorce. They are being assisted by Rebecca in reaching a settlement. Rebecca is a retired judge, who meets with them together, and individually, to discuss the strengths and weaknesses of each of their cases. Which alternative dispute resolution method does this scenario best exemplify?     
  • Mini-trial        
  • Judicial referee       
  • Mediation     
  • Arbitration
 
28. What is true about Jewish law?      
  • It is based on the teachings in the Vedas.         
  • It is not followed anymore in Jewish home countries. 
  • It includes rules for religious and political aspects of life.       
  • It excludes doctrines related to marriage and inheritance.
 
29. How does the Marine Protection, Research, and Sanctuaries Act, enacted in 1972, extend environmental protection to the oceans?      
  • By requiring the Environmental Protection Agency (EPA) to create a list of toxic air pollutants           
  • By removing marine sanctuaries in ocean waters        
  • By requiring industries to obtain a permit for dumping wastes into ocean waters  
  • By requiring industries to incur the clean up costs for contaminations caused by them
 
30. Which statement about personal property is true?       
  • It exclusively refers to tangible property. 
  • It can be owned only by one person.      
  • It refers to property that is movable.         
  • It exclusively encompasses real estate property.
 
31. What is the primary function of the International Monetary Fund (IMF)?    
  • To create free trade zones for member countries and thereby bring them together           
  • To provide long-term loans to developing countries    
  • To ensure smooth and free trade flow among member countries by settling disputes      
  • To promote international fiscal stability by providing temporary monetary assistance to member countries
 
32. What is a disadvantage of a sole proprietorship?         
  • The owner has to take up legal responsibility for any torts committed in the business.    
  • The process of forming a sole proprietorship involves many costs.  
  • The sole proprietorship is difficult to dissolve as many shareholders are involved.           
  • The owner is required to present several legal documents to obtain federal approval to start the business.