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