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LAW 575 Final Exam

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LAW 575 Final Exam, LAW 575 Final Exam Answers,
LAW 575 Final Exam Questions and Answers Free, UOP
LAW 575 week 4 Final Exam answer key, and Complete
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LAW 575 Final Exam (Latest) 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
proprietorship?

the

following

is

true

regarding

sole

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
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.
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
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
satisfaction?

the

following

represents

an

accord

and

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
customary fee in the situation.

according

to

the

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.
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 coowner 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
multiplier of 5 times the original damages

as

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

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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