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- VISIT THE BELOW LINK TO GET THE ANSWERS
- http://thegreattutorials.com/1_64_LAW-531-FINAL-EXAM-Set-2.html
- 1) The concept of flexibility in the law is best illustrated by:
- A. The use of appointed judges rather than elected judges.
- B. Passing statues that purposely do not address precisely how they would
- apply in all situations.
- C. The use of precendent to decide similar cases in similar ways
- D. Setting a fixed amount of damages applicable to all wrongful death cases.
- 2) The school of jurisprudence that believes that free market forces should
- determine the outcome to lawsuits is:
- 3) Which of the following is true about litigating commercial disputes?
- A. A few states have established specialized trial courts for commercial
- disputes.
- B. Commercial disputes, because of their specialized nature, are first heard at
- the appellate court level.
- C. Nearly all states have specialized trial courts that hear commercial disputes.
- D. Businesses generally dislike the concept of specialized trial courts for
- commercial disputes because the large numbers of consumers who sue
- businesses in these courts have led the judges to become generally biased
- against businesses.
- 4) A ___________ is a court appointed party who conducts a private trial and renders a
- judgement.
- 5) ________ is a form of alternative dispute resolution that is often used when the
- parties involved do not want to face one another.
- 6) Which form of alternative dispute resolution occurs when the parties choose an
- impartial third party to hear and decide their dispute?
- 7) The Double Diamond Dude Ranch is located in Montana and maintains a web site
- on the Internet. Before the Internet, the ranch relied exclusively on word-of-mouth
- advertising. The web site simply provides some general information and lists the
- ranch’s phone number for reservations, but reservations cannot be made online. The
- ranch has no other connections or presence outside of Montana. Bob lives in Ohio
- and learned of the ranch through its web site. Bob then spent a week as a paying
- guest at the ranch, but was injured when he fell off a horse. Can Bob sue the dude
- ranch in Ohio state court?
- 8) What is the result of the “effects on interstate commerce” test?
- 9) If there is an area of interstate commerce that the federal government has not
- chosen to regulate, the states can:
- 10) The legal effect of the presence of a superceding event is that:
- 11) If a plaintiff voluntarily enters into or participates into a risk activity that results
- in injury, what is the most likely defense that he or she may use to a defendant’s
- claim that the plaintiff assumed the risk?
- 12) The tort of palming off involves:
- A. Making false statements about the goods of another
- B. Knowingly selling goods that are defective.
- C. Representing one’s own goods to be those of a competitor
- D. Failing to credit another for that other person’s legal accomplishments
- 13) Based on the law of product liability, which of the following is correct?
- 14) Sean has a 6 year old car which he bought 2 years ago from its original owner.
- Eight months ago he received a recall notice about a safety problem with the brakes.
- He never responded to the notice. Yesterday Sean was driving when the brakes failed
- and caused him to strike and injure a pedestrian. Which of the following is true in
- lawsuits against the car’s manufacturer?
- 15) Little Bobby, five years old, finds his brothers Extendo Sword, which is a toy
- sword about a foot long which spring out to about five feet long when a button on the
- handle is pushed. His mother tells him to put it down because he will hurt someone if
- he’s not careful. Bobby pushes the button when the sword is pointed toward his face
- and, just as all properly functioning Extendo Swords do, the sword shoots out. Bobby
- is injured and, under products liability, sues the toy store which sold the toy. Bobby
- will most likely:
- 16) Under federal rules regulating food and drugs, which of the following is true?
- 17) Which of the following statements best describes the procedures under the Clean
- Air Act?
- 18) Mary applied for a permit with a federal administrative agency to operate a
- business within the boundaries of a popular national forest. The agency grants a
- limited number of these permits that allow operation of the business during the busy
- tourist season. The agency has turned down Mary’s application even though she
- received a permit in the prior year, paid the related fees on time, and violated none
- of the permit’s conditions. The agency granted a permit to a different applicant who
- had never run this type of business previously. If Mary appeals the decision to a
- court, what standard of review will it most likely use?
- 20) The circumstances where an offer cannot be withdrawn under promissory
- estoppel is also known as:
- 22) A contract for the sale of land:
- A. Is governed exclusively by the Uniform Commercial Code.
- B. Requires at least two promisors.
- C. Must be in writing to be enforceable.
- D. Must be in writing only if the value of the land exceeds $500.
- 23) What does the parol evidence rule do?
- A. It determines which contracts are required to be in writing.
- B. It sets the general rules for the admissability of evidence in criminal actions.
- C. It sets the rules for admissibility of evidence relating to releasing a criminal
- from a prison term.
- D. It limits the ability of parties to written contracts from introducing
- certain evidence related to the contract.
- 24) John is president and sole shareholder of Photo, Inc. Photo, Inc. wishes to borrow
- money, but to do so, the bank requires John to orally guarantee to repay the loan if
- Photo, Inc. cannot. John’s guaranty to repay is:
- 25) Licensing of informational rights can best be described as:
- 26) Which of the following best describes how e-mail contracts are viewed under the
- law?
- 27) Under the Uniform Computer Information Transactions Act, tender of
- performance is:
- 28) William was a factory worker at the Spruce Industries plant. When it was learned he
- was a homosexual, he was fired. This action is:
- 29) Which is true about the two kinds of discrimination that are actionable under Title VII?
- 30) Which of the following is true about sexual harassment in the workplace?
- 31) Minimum wage, hours of employment, and child labor are regulated by the:
- 32) Which of the following is true about the provisions of the Consolidated Omnibus
- Budget Reconciliation Act (COBRA) as they related to health insurance?
- 33) Which of the following statutes provides that it is legal for employees to organize a
- union?
- 34) Edward’s Warehouse stores a variety of generic goods for several distributors in
- Anytown. Which of the following describes Edward’s liability for the bailed goods
- should something happen to them?
- 35) A bailment is:
- A. Characterized by a splitting of title into legal and beneficial components
- B. Required to be in writing in order to be effective
- C. The rightful possession of goods by someone other than the owner
- D. Usually the preliminary step to a permanent transfer of goods
- 36) Which of the following would be classified as tangible personal property?
- 37) What was accomplished by the Visual Artists Rights Act?
- 38) Which of the following is true about misappropriation of trade secrets?
- Although it is not necessary that the trade secret be patented, the secret must
- be such that it could be patented.
- 39) A doctrine that says a patent may not be granted if the invention was used by the
- public for more than a certain period of time prior to the filing of the patent
- application is known as;
- 40) How does an easement appurtenant differ from an easement in gross?
- 41) Sam sells property to Betty and delivers Betty a deed that says”This property is
- conveyed to Betty so long as she never operates a bar on the premises.” If she
- operates a bar on the premises, Sam Seller may take possession of the property. The
- type of interest that Betty Buyer has acquired is a:
- 42) Which of the following is true about a life estate?
- 43) What makes a publicly held corporation different from a public corporation?
- 44) Limited partners can lose their limited liability by:
- 45) If an LLC fails to follow formalities such as keeping minutes of meetings, then which of
- the following is true?
- 46) The Sarbanes-Oxley Act provides for the establishment of the _____________ to over see
- audits of public companies. This will be done to protect the interests of shareholders and
- investors.
- 47) The Sarbane-Oxley Act of 2002 was enacted in order to:
- Improve corporate governance.
- 48) According to Sarbanes-Oxley, this person or people should sign the Federal income tax
- return of a corporation:
- 49) Which of the following is likely to be a breach of a corporate officer’s/director’s duty of
- care?
- 50) In what ways may officers and directors protect themselves from liability for actions
- taken as an officer or director?
- 51) There are no accountants on the board of the Oriole Corporation. The board routinely
- relies on a Certified Public Accountant (CPA) to explain the financial situation of the
- corporation. The board does not do an independent analysis of the CPA’s report. In these
- circumstances, the board is:
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