Term
"Widget" is a trademark for a product made by "The Widget Company." Other companies make products very similar to the "Widget." Soon, writers, journalists, and the public begin referring to all such similar products as "widgets." What is the most likely result? Select one: a. The other companies will sue The Widget Company for trademark infringement. b. The Widget Company will lose the trademark unless it takes active steps to protect it. c. The Widget Company does not have to take any action, because its trademark is registered. d. The government will act to ensure that the term "Widget" is used according to the trademark law. |
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Definition
B the widget company will lose the trademark unless it takes active steps to protect it |
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Term
A ____ is a less serious criminal offense than a(n) ____. Select one: a. felony; infraction b. felony; misdemeanor c. misdemeanor; felony d. misdemeanor; infraction |
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Definition
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A bill of exchange involves how many parties? Select one: a. 2 b. 3 c. 4 d. 5 |
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Definition
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Term
A laptop computer is an example of what type of property? Select one: a. Real property b. Intellectual property c. Tangible personal property d. Intangible personal property |
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Definition
c tangible personal property |
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Term
A tort may be defined as which of the following? Select one: a. Civil and criminal wrongs generally b. A civil wrong, including breach of contract c. A civil wrong, other than breach of contract d. A criminal wrong that is also punishable civilly |
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Definition
C A civil wrong other than breach of contract |
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Term
Alfred offers a $100 reward for finding his pet squirrel. Boris finds his pet squirrel. Alfred gives Boris $100. This is an example of which of the following? Select one: a. A bilateral contract b. A voidable contract c. A unilateral contract d. A failure of consideration |
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Definition
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Term
All common law contracts must contain which of the following, meaning there must be a bargained-for exchange of promises or acts, and each party must incur a new legal detriment or obligation? Select one: a. Valid acceptances b. Valid capacities c. Valid considerations d. Valid offers |
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Definition
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Term
Alphonse wants to leave his house to his son upon his death. But he does not like or trust his son's wife and does not want her to own the house should his son die before her. What interest in real property should he give his son so that his son can have the house while he is alive and ensure his son's wife does not gain ownership of the house upon his son's death? Select one: a. Life estate b. Tenancy in common c. Fee simple absolute d. Fee simple defeasible |
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Term
An advertisement is considered to be which of the following? Select one: a. An offer b. A contract c. A promise d. An invitation to bargain |
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Definition
d an invitation to bargain |
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Term
As Jessica watched a soccer match, Wanda threw a tomato at her head. Jessica calmly ducked out of the way, and the tomato hit Roger instead. Can Jessica successfully sue Wanda for assault? Select one: a. Yes, because Wanda purposefully threw the tomato. b. Yes, because Jessica was aware that Wanda had thrown the tomato at her. c. No, because Jessica was calm about the situation. d. No, because Roger was the one who was actually hit by the tomato. |
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Term
As part of its hiring process, the human resource department for an advertisement agency would like to use polygraph test to screen job candidates. Is this permissible by the Employee Polygraph Protection Act? Select one: a. Yes, the Employee Polygraph Protection Act allows employers like the ad agency to discriminate against job applicants who fail the test. b. Yes, the Employee Polygraph Protection Act allows private employers to use lie detector tests to screen job applicants for non-security related jobs. c. No, the Employee Polygraph Protection Act can only be used by private employers for workplace investigation purposes. d. No, the Employee Polygraph Protection Act prohibits employers like the ad agency from polygraphing employees due uncertainty about the accuracy of the tes |
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Definition
d no the employee polygraph protection act prohibits employers like ad agency |
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Term
At the commencement of a trial, each party will present an opening statement. Which of the following is true about that statement? Select one: a. It is argumentative. b. It describes the facts that will be proven based upon evidence. c. It explains to the judge why certain jurors should be dismissed. d. It raises objections to questions posed during direct examination of witnesses. |
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Definition
B it describes the facts that will be proven based upon evidence |
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Term
Bernie Madoff committed which of the following when he converted client funds to his own use that were lawfully in his possession? Select one: a. Extortion b. Embezzlement c. Misappropriation d. Money laundering |
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Term
Big Brix hired apprentice Malik as an at-will employee in January. In February, Malik joined a local union representing workers at his company. The union's collective bargaining agreement stated that employees could only be discharged for cause. Can the employer terminate Malik at will? Select one:
a. Yes, because Malik is an apprentice and therefore subject to less protection under employment law.
b. Yes, because the company has an at-will employment contract with Malik that took effect in January.
c. No, because the company has a collective bargaining agreement with the union.
d. No, because the company did not have Malik sign a new at-will employment contract in February. |
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Definition
c no recuasse the company has a collective bargaining agreement with the union |
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Term
Cathy agreed to rent her lakeside pavillion to Roger for his family reunion. Three days before the reunion was scheduled to occur, the pavilion was destroyed in a flood. On what basis can Cathy avoid the contract she made with Roger? Select one: a. Mistake b. Impossibility c. Frustration of purpose d. Commercial impracticality |
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Definition
d commercial impracticality |
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Term
Company A has developed a plant that is resistant to industrial herbicide. Can the plant be patented? Select one: a. Yes, because any modified plant can be patentable. b. Yes, because the plant was developed for a useful purpose. c. No, because nature cannot be patented. d. No, because the plant's design is intended to resist a manufactured chemical. |
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Definition
yes because the plant was developed for a useful purpose |
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Term
Cozy Drinks, Inc. sells gourmet coffee grounds in bean-shaped mugs. The company would like to trademark its product. Can it? Select one: a. Yes, if the mug shape is distinctive. b. Yes, if it the mug's shape calls to mind a particular service mark. c. No, because container shapes are functional and therefore generic. d. No, because shapes of product containers are protected by patent law. |
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Definition
A yes if the mug shape is distincitive |
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Term
Davina is a literature teacher and loyal fan of the Rat Race book series for teens. Davina sells an encyclopedia of facts about the series for fellow readers via an online portal for teachers. Sales of the encyclopedia have gone through the roof in the first month. Davina is upset when the publisher of the Rat Race book series requested that she cease and desist from selling her "encyclopedia" at once. Davina argues that she has done nothing wrong and that she provides a disclaimer that the encyclopedia is not associated with the publisher in any way. Has Davina violated copyright law? Select one: a. Yes, because Davina cannot write about a book that has been published. b. Yes, because Davina encyclopedia relies solely of material from the Rat Race book series. c. No, because Davina can write about the series in encyclopedic format. d. No, because Davina provides a disclaimer that her work is separate from that of the publisher. |
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Definition
b yes because Davina encyclopedia relies solely of material from rat race book series |
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Term
Defects in a service contract that amount to a minor breach are generally remedied by which of the following? Select one: a. Quasi-contract b. Money damages c. Promissory estoppel d. Specific performance |
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Definition
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Term
Dorian is a private investigator. He was hired to impersonate a customer in order to obtain a company's trade secret. Dorian did not use the trade secret for his own advantage. Instead, he turned the information over to his client. Is Dorian guilty of misappropriation? Select one:
a. Yes, because Dorian used impersonation to acquire the trade secret.
b. Yes, Dorian is guilty of misappropriation because trade secrets enjoy absolute protection under intellectual property law.
c. No, Dorian is not guilty of misappropriation because he did not use the trade secret himself.
d. No, Dorian is not guilty of misappropriation because the company voluntarily disclosed the trade secret information. |
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Definition
a yes because dorian used impersonation to acquire the trade secret |
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Term
Dorothy's celebrity beautician scheduled too many Saturday appointments at one time. As a result, Dorothy was unable to take her sister, Ursula, to work at her job as a dog groomer. Because Ursula's client wasn't able to get her dog properly groomed on Saturday, the dog suffered from a severe allergic reaction to flea bites and had to be taken to the vet. The vet bill was $150. Can the client successfully sue the celebrity beautician for negligence? Select one: a. Yes, because there was no break in the events once they were set in motion. b. Yes, because the beautician was acting negligently by scheduling too many appointments on Saturday. c. No, because it was Dorothy's fault for not taking Ursula to work on time. d. No, because there is no solid connection between the beautician's behavior and the pet's allergic reaction. |
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Definition
D NO because there is no solid connection between the beauticians behavior and the pets allergic reaction |
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Term
Dram shop acts address which type of strict liability activity? Select one: a. Demolition crews b. Product warning labels c. Transporting dangerous chemicals d. Serving alcohol to intoxicated persons |
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Definition
d serving alcohol to intoxicated person |
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Term
During cross-examination, an attorney does which of the following? Select one: a. Tries to discredit a witness b. Answers questions posed by the judge c. Defends a motion to dismiss his or her case d. Determines if a person should be chosen to serve on a jury |
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Definition
A tries to discredit a witness |
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Term
Every owner in which of the following is jointly and severally liable for the debts and obligations of the organization? Select one: a. Partnership b. Corporation c. Limited partnership d. Limited liability company |
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Definition
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Term
Federal antitrust law is enforced primarily by which of the following agencies? Select one:
a. Federal Trade Commission
b. United States Patent Office
c. Securities and Exchange Commission
d. Public Company Accounting Oversight Board |
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Definition
A federal trade commission |
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Term
For an intentional tort, what is it that the tortfeasor intends? Select one: a. The consequences of his or her act b. The amount of harm that the victim incurs c. His or her mental state at the time of the tort d. His or her behavior before commission of the tort |
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Definition
a the consequences of his or her act |
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Term
For intentional torts, the element of intent requires which of the following? Select one: a. That the tortfeasor had a duty of care that is violated b. That the tortfeasor intended to harm a person or property c. That the tortfeasor intended to do the act which caused harm d. That the tortfeasor acted with malice in harming a person or property |
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Definition
C That the tortfeasor intended to do the act which caused harm |
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Term
For which of the following scenarios would the remedy of specific performance be available? Select one: a. A firm promises delivery of 50,000 widgets and only delivers 25,000 because of a shortage. b. A painting contractor promises to paint a business's premises but then attempts to change the terms by increasing the price. c. A store advertises leather jackets for sale at $10.99 each; when a buyer shows up, he is told it was a mistake, and the real price is $109.99. d. A company attempts to buy a rare antique connected with the history of the company; the seller, after agreeing to the sale, now does not want to sell. |
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Definition
D a company attempts to buy a rare antique connected with the history of the company. the seller after agreeing to the sale now does not want to sell |
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Term
Funny Family Vids, Inc. is an online website where users can post their funny home videos. Some of its users also post copyrighted material belonging to others, however. What is the legal consequence, if a website's user uploads entire movies without permission? Select one:
a. Neither the website nor its user can be sued for copyright infringement because of fair use.
b. The website has the opportunity to remove the infringing material in order to avoid liability.
c. The website becomes liable for copyright infringement and therefore can be taken down at the option of the authorities.
d. The owner of the copyrighted material can immediately sue for damages under the Digital Millennium Copyright Act. |
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Definition
b the website has the opportunity to remove the infringing material in order to avoid liability |
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Term
Garrod Smith is a master woodcarver and sole owner of "Smith Custom Doors, LLC." Which of the following advantages applies to his business form? Select one:
a. The business is not a taxable entity.
b. The business is a separate legal entity from Garrod Smith.
c. The business is not taxed as a corporation or sole proprietorship.
d. The business makes Garrod liable for only half of the business' debt. |
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Definition
b the business is a separate legal entity |
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Term
George and Mary are good friends. George knows how much Mary loves jewelry. In a conversation between the two, George promises to give Mary a pair of pearl earrings if she stops gambling for one year. Mary agrees and stops gambling for a year. When her birthday arrives, George refuses to buy Mary the pearl earrings. If Mary sues George to enforce his promise, will she win? Select one: a. Yes, because George's offer was a gift. b. Yes, because Mary stopped gambling for a year. c. No, because Mary gave no valuable consideration in exchange for the pearl earrings. d. No, because this type of contract falls under the Statute of Frauds, so it has to be in writing. |
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Definition
c no because Mary gave no valuable consideration in exchange for the pearl earrings. |
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Term
Hazmat Services, Inc. used extreme care when transporting chemicals from a toxic cleanup site. However despite its precautions, chemicals spilled onto the roadway during transport. Several motorists were made sick and were hospitalized due to the chemical fumes. Based on these facts, what cause of action can the sick injured motorists bring against Hazmat Services, Inc.? Select one:
a. Assault
b. Battery
c. Negligence
d. Strict liability |
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Definition
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Term
How does tangible personal property differ from intangible personal property? Select one: a. Tangible property cannot become a fixture; whereas, intangible property can become a fixture. b. Tangible property can be classified as chattel; whereas, intangible property cannot be classified as chattel. c. Tangible personal property cannot be sold as fungible property; whereas, intangible property can be sold as fungible property. d. Tangible property cannot be treated as intellectual property; whereas, intangible property can be treated as intellectual property. |
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Definition
B tangible property can be classified as chattel |
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Term
How does the employment-at-will doctrine allow employers to terminate employees? Select one: a. At any time b. For good cause only c. After proper notification d. After 30 days of employment |
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Definition
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Term
How is mediation similar to litigation? Select one: a. The process is adversarial b. A neutral third party is involved c. The process is slow and complex d. Parties are bound by decisions of the mediator |
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Definition
B A neutral third party is involved |
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Term
Hugo presented a check to the bank. The bank declined to pay Hugo. What has happened to Hugo's negotiable instrument, according to the UCC? |
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Definition
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Term
I offer to sell you my car for $6,000 and you say that you will buy it so long as your spouse likes it. This is an example of which of the following? Select one: a. A bilateral contract b. An illusory contract c. A unilateral contract d. The mirror image rule |
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Definition
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Term
If a prospective business owner told you he wanted to organize his business in a way that would result in no registration and allow him to exercise the fullest control, you would likely advise him to choose which of the following business entity types? Select one: a. Corporation b. Sole proprietorship c. Limited partnership d. Limited liability company |
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Definition
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Term
If an employer wishes to ensure that an employee does not leave in the future to engage in the same business, the employer is likely to enter into a contract with which of the following? Select one: a. At-will clause b. Assignment of rights c. Covenant not to compete d. Strict performance clause |
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Definition
C. Covenant not to compete |
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Term
In a corporation, shareholders elect which of the following? Select one: a. The executives b. Member managers c. The board of directors d. The chief executive officer |
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Definition
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Term
In a unilateral contract, the accepting party can only accept with which of the following? Select one: a. Money b. An action c. A promise d. An exchange of consideration |
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Definition
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Term
In general, which of the following requires that securities offered or sold in interstate commerce be registered with the United States Securities and Exchange Commission? Select one: a. Securities Act of 1933 b. Securities Exchange Act of 1934 c. Investment Advisers Act of 1940 d. Investment Company Act of 1940 |
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Definition
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Term
In professional malpractice cases, the plaintiff must prove which of the following? Select one:
a. That the defendant intended to cause damage to the plaintiff
b. That the defendant did not act with the ordinary care of a reasonable person
c. That the defendant did not act as a reasonable person in his or her profession would
d. That the damages are covered by malpractice insurance sufficient to pay the plaintiff |
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Definition
C that the defendant did not act as a reasonable person in his or her profession would |
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Term
In some respects, the limited liability company is similar to the sole proprietorship which of the following ways? Select one: a. The entity's income is taxed separately. b. The business can sell stock to the public. c. It can be difficult to raise funds for the business. d. The owners are protected against individual liability. |
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Definition
c it can be difficult to raise funds for the business |
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Term
In the United States, anti-discrimination laws modify which doctrine, which holds that an employer can generally terminate an employee for any reason? Select one: a. At-will b. Prevailing wage c. Collective bargaining d. Wrongful termination |
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Definition
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Term
In the United States, both the national government and the state governments can make law. What is this system known as? Select one: a. Common law b. Federalism c. Primary law d. Stare decisis |
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Definition
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Term
In the United States, how long does copyright protection last after the death of the author? Select one: a. 30 years b. 50 years c. 70 years d. 90 years |
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Definition
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Term
In the United States, how long does trade secret protection last? Select one: a. 25 years b. 50 years c. 70 years d. Forever |
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Definition
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Term
In the United States, which of the following is a primary source of law?Select one: a.Journal articles b.Law reviews c.Regulations d.Restatements of law |
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Definition
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Term
Intangible personal property would include which of the following? Select one:
a. A laptop computer
b. A stamp collection
c. A share of Apple stock
d. A lamp attached to the wall of a house |
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Definition
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Term
Jane, a bank customer, was injured when the electronic sliding doors at the bank's entrance malfunctioned and hit her. If Jane sues the bank for her injury, will she win? Select one: a. Yes, if Jane can prove the bank was contributorily negligent. b. Yes, if the bank knew or should have known the door was malfunctioning. c. No, if the bank had the door serviced regularly. d. No, if the bank warned some customers of the malfunctioning door. |
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Definition
b yes if the bank knew or should have known |
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Term
John and his cousin are car enthusiasts and they love to attend car shows. At a car show, John's cousin made him the following promise, "I'll buy your Chevrolet Impala tonight, if I do not spot one that I'm crazy about." In return, John agreed to sell his Chevrolet Impala to his cousin. John's cousin did not find a car that he was crazy about. If the cousin later refuses to buy John's car, can John legally enforce his cousin's promise? Select one: a. Yes, because the two have a bilateral contract. b. Yes, because the cousin did not find a car he was crazy about. c. No, because John never gave his cousin anything of value in exchange for his cousin's promise. d. No, because John and his cousin are trying to form a contract that requires a writing under the Statute of Frauds. |
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Definition
c No because John never gave his cousins anything of value in exchange for his cousins promise |
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Term
John is a programmer. He has a free app that allows users to disable copy protection devices for DVDs. Under current law, are John's actions legal? Select one: a. Yes, because John is protected by fair use law. b. Yes, because John receives no monetary gain from his app. c. No, because John has violated the Digital Millennium Copyright Act. d. No, because John is engaging in reverse engineering and therefore has not violated trade secret law. |
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Definition
c no because John has violated the digital millennium copyright act |
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Term
Jose is from the state of Florida. While driving in Montana, his car is hit by a car driven by Kareem, who is from New York. Jose hears that the courts in Texas are generally favorable to plaintiffs. He sues Kareem in Texas. The court would likely reject the case based on which of the following? Select one: a. Lack of standing b. The case being moot c. The case not being ripe d. Lack of personal jurisdiction |
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Definition
D Lack of personal jurisdiction |
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Term
Kerry bought a candy apple while at the county fair. As she unwrapped the apple's packaging, she found a honey bee stuck to the candy. She returned the candy apple for a refund. Can she successfully sue the vendor? Select one: a. Yes, because Kerry paid for the candy apple. b. Yes, because the vendor did not exercise due care. c. No, because Kerry did not suffer any damages. d. No, because it is foreseeable that sweets like candy apples would attract insects. |
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Definition
c no because Kerry did not suffer any damages |
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Term
Marlon owns a computer repair shop. He is having a contractual discussion with Erica about repairing her laptop. Marlon has stated to Erica that he will repair the laptop for $150. Which of the following acts would constitute a counteroffer from Erica? Select one: a. Silence on Erica's part. b. Erica's verbal response in which she gripes about the price of $150. c. Erica's reply that she wants Marlon to include anti-virus software as part of the service. d. Erica's question about the fine print about the exact kind type of repair Marlon will attempt. |
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Definition
c Ericas reply that she wants Marlon to include antivirus software |
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Term
Melody Loverz, Inc. streams instrumental music over the Internet. Melody Loverz, Inc. has a rights and permissions page in which it requests writers and/or performers to contact it, if they would like to be compensated for use of their music. Has Melody Loverz, Inc. breached copyright law? Select one: a. Yes, because it has a rights and permissions page that is online only. b. Yes, because it streams music without permission from the writers and/or performers. c. No, because it is not trying to hide the fact that it streams music. d. No, because it asks writers and/or performers to contact it to request royalty payments. |
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Definition
b yes because It streams music without permission from the writers and/or performers |
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Term
Michael owns a bowling alley. The bowling alley serves pizza and beer in the restaurant area only. Although workers try to keep the equipment and bowling lane area clean, some patrons still get them dirty with their greasy fingers. Patron Tammy breaks her big toe when she loses grip on greasy bowling ball and drops it on her big toe. Will the bowling alley be held liable for Tammy's broken toe? Select one: a. Yes, because the bowling alley is liable for this type of foreseeable accident. b. Yes, because the bowling alley is strictly liable for injuries that occur on its premises. c. No, the bowling alley will not be held liable because a patron made the bowling ball greasy. d. No, the bowling alley will not be held liable because Michael had no knowledge of the dirty equipment. |
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Definition
A. Yes because the bowling alley is liable for this type of foreseeable accident |
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Term
Miguel is a pilot. He promised to fly Jerome to Minneapolis for the Super Bowl. Jerome promised to give Miguel one of his Super Bowl tickets as a show of gratitude. The contract between Miguel and Jerome is: Select one: a. unilateral b. bilateral c. quasi-contract d. unenforceable |
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Definition
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Term
Organic Gro suppliers must follow strict standards in order to receive the "Organic Gro Seal of Approval." Which of the following can be used to help Organic Gro protect its intellectual property? Select one: a. Trade dress b. Service mark c. Collective mark d. Certification mark |
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Definition
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Term
Quik Meds hired Frank as a delivery driver. Because there was a backlog of deliveries, the company allowed Frank to work pending the outcome of his background investigation. Shortly after he was hired, Frank was caught stealing a customer's purse. The customer was injured in the scuffle over her purse. The customer later sued Quik Meds for negligent hiring. Quik Meds defended itself by arguing it was not liable for an employee's actions. Is this a viable defense? Select one:
a. Yes, because employees are liable for their own torts.
b. Yes, because Frank was not acting on behalf of Quik Meds when he engaged in the misconduct.
c. No, because Quik Meds failed to conduct a background search on Frank.
d. No, because Quik Meds is strictly liable for employee on-the-job conduct. |
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Definition
C no because failed to conduct a background check |
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Term
Richie has a paid subscriber-based web site. He has written a decryption program that allows users to circumvent encryption technology movie studios use to prevent piracy. What will result if Richie is sued for copyright violation? Select one: a. Richie will win, because he has made the decryption software public. b. Richie will win, because his decryption software is a form of free speech. c. Richie will lose, because his decryption program is not open-source software. d. Richie will lose, because he has violated the anti-circumvention provision of the Digital Millennium Copyright Act. |
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Definition
d Richie will lose he violated the anti circumvention provision |
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Term
Sandbox, Inc. has greatly improved the method for processing silica used in oil drilling. Which of the following would the company need to protect its intellectual property? Select one: a. Copyright b. Trade dress c. Utility patent d. Design patent |
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Definition
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Term
State A has enacted the statute that "The age of majority for a minor child is 18 years of age." Robert loves to participate in multiplayer adventure games online. Consider a scenario whereby a retailer sold an online gaming subscription to Robert. Robert is 15 years old. What legal effect does the State A statute have on this transaction? Select one: a. The contract is voidable at Robert's option. b. The contract is valid, and therefore enforceable by the retailer. c. The contract is illegal and therefore unenforceable by either party. d. The contract is void on its face and therefore unenforceable by the parties. |
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Definition
d the contract is void and unenforceable |
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Term
Stewart and Kellie are art students. Stewart told Kellie that he would sell her his art supplies for $250. If he did not hear back from Kellie by the end of the month, he would assume that she wanted to buy the supplies. If Kellie later refuses to purchase the supplies, can Stewart win a breach of contract lawsuit against Kellie? Select one: a. Yes, because Kellie did not respond; therefore, her silence indicated her acceptance of the offer. b. Yes, because Stewart did not sell the art supplies to anyone else. c. No, because there was no mutual assent between Stewart and Kellie. d. No, because Stewart failed to provide a detailed description of the art supplies. |
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Definition
C No because there was no mutual assent between Stewart and Kellie |
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Term
Tavern sold alcohol to a customer who was obviously intoxicated. Under what legal theory can the tavern be held liable for injuries caused when the intoxicated customer struck and injured a pedestrian? Select one: a. Negligence b. Malpractices c. Strict liability d. Assumption of risk |
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Definition
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Term
The Economic Espionage Act is a federal statute in the United States that criminalizes which of the following? Select one:
a. Fraud
b. Theft of trade secrets
c. Theft of intellectual property
d. Stealing government financial secrets |
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Definition
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Term
The Equal Pay Act of 1963 seeks to do which of the following? Select one: a. Eliminate the wage gap between women and men b. Eliminate the wage gap between upper and middle classes c. Eliminate the wage gap between middle and lower classes d. Eliminate the wage gap between African Americans and Caucasians |
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Definition
A eliminate the wage gap between women and men |
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Term
The Sarbanes-Oxley Act (SOX) created the Public Company Accounting Board which, does which of the following? Select one: a. Prohibits any form of audit committee b. Handles the sentencing for those who violate accounting regulations c. Conducts audits of public company stockholders to ensure compliance d. Conducts audits of both public company auditors and firms that audit them |
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Definition
d conducts audits of both public company auditors and firms that audit |
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Term
The Securities Act of 1933 deals mainly with which of the following? Select one: a. The registration of mutual funds and the reporting required for such funds b. State registration of securities offerings and merit review of such offerings c. The regulation of securities exchanges and reporting requirements for such exchanges d. The registration of securities and disclosure of material information related to an offering |
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Definition
d the registration of securities and disclosure of material information |
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Term
The Statute of Frauds applies to which of the following property transactions? Select one: a. All transactions involving the conveyance of an interest in property b. Transactions involving the conveyance of an interest in real property c. Transactions involving the conveyance of an interest in personal property d. Transactions involving the conveyance of an interest in intangible property |
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Definition
B transactions involving the conveyance of an interest in real property |
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Term
The intentional tort of misappropriation involves which of the following? Select one:
a. Acting inappropriately such that one causes another public embarrassment
b. The taking of money belonging to another without that person's permission
c. Taking goods belonging to another and using them as if the taking party owned them
d. Using another's name, likeness, or other identifying characteristic without permission |
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Definition
D using another name likeness or other identifying characteristic without permission |
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Term
The manager of a grocery store is unaware that a customer has spilled a carton of milk in an aisle. If a patron slips and falls, will the store be held liable for the patron's injury? Select one: a. Yes, the store will be liable because of foreseeable risk. b. Yes, the store will be held liable because of strict liability. c. No, the store will not be held liable because a customer caused the spill. d. No, the store will not be held liable because the manager was not aware of the spill. |
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Definition
a yes the store will be liable because of foreseeable risk |
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Term
The regulation of relations between employers and labor organizations in the United States is governed by which act? Select one:
a. Title VII Act
b. The Sherman Act
c. The Employment at Will Act
d. The National Labor Relations Act |
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Definition
d the national labor relations act |
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Term
Thomas is an at-will employee. Right before he was to receive a job promotion, he was terminated from his job. Thomas' employer fired him so that it would not have to pay Thomas more money. Which of the following is true? Select one: a. Thomas can file a wrongful termination lawsuit based on breach of public policy. b. Thomas can be terminated, if the company can show that he was costing too much. c. Thomas can be terminated at any time and for any reason because he is an at-will employee. d. Thomas can file a wrongful termination lawsuit based on breach of implied covenant of good faith and fair dealing. |
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Definition
c Thomas can be terminated at any time and for any reason |
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Term
To be valid, a trademark must be associated with which of the following? Select one: a. A brand b. A generic symbol c. A common name and color d. A specific producer or origin |
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Definition
d a specific producer or origin |
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Term
Tort law allows an injured party to recover which kind of damages, which are rarely granted under contract law? Select one:
a. Compensatory
b. Consequential
c. Nominal
d. Punitive |
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Definition
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Term
Under a joint tenancy in real property, which of the following situations is true? Select one: a. The surviving owner has the right of survivorship. b. The right of survivorship applies only to married couples. c. One joint tenant may sell his or her interest in the property to a third party. d. The owners have an undivided interest in the property, equal rights of possession, and a divisible interest. |
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Definition
A the surviving owner has the right of survivorship |
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Term
Under the UCC, which act allows one to formally demand payment of an instrument? Select one: a. Appeal b. Claim c. Dishonor d. Presentment |
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Definition
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Term
Under tort law, which kind of damages are equivalent to the harm suffered by the plaintiff? Select one: a. Compensatory b. Liquidated c. Nominal d. Punitive |
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Definition
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Term
Waldo fell asleep while cooking and his apartment caught on fire. His roommate, Malcolm, was injured when he re- entered the burning apartment to save his sister from the fire. If Malcolm sues Waldo for his injuries, can Waldo successfully defend himself based on assumption of risk? Select one: a. Yes, because Malcolm's actions were unreasonable under the circumstances. b. Yes, because Malcolm entered the burning apartment under his own free will. c. No, because Waldo was responsible for causing the fire. d. No, because Waldo did not try to stop Malcolm from re-entering the burning apartment |
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Definition
C NO because Waldo was responsible for causing the fire |
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Term
What are Blue Sky Laws? Select one: a. Federal regulations that protect air quality b. Federal regulations that telecommunication airways c. State and federal regulations that regulate securities industry d. State regulations that protect investors against securities fraud |
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Definition
D state regulations that protect investors against securities fraud |
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Term
What does copyright protect? Select one:
a. Brands and identity
b. Creative expression
c. Processes and inventions
d. Confidential company information |
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Definition
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Term
What does it mean if a court issues a default judgment against a defendant? Select one: a. The defendant has failed to provide any defenses in his answer b. The defendant has failed to appear in court to answer the lawsuit against him c. The defendant's answer does not deny the facts as asserted by the plaintiff's claim d. The court has rejected the defendant's motion to dismiss for failure to state a cause of action |
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Definition
B the defendant has failed to appear incur to answer the lawsuit against him |
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Term
What is a major drawback of negotiation? Select one:
a. It follows strict rules of evidence.
b. It is prone to situations involving unequal bargaining power between the parties.
c. It relies on experts who may be biased in their evaluation of and ultimate ruling on the case.
d. It is court-ordered and therefore less likely to result in an agreement both parties are willing to accept. |
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Definition
B it is prone to situations involving unequal bargaining power between the parties |
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Term
What is intangible personal property? Select one:
a. Property that can be mined
b. Property that can be touched
c. Property that does not physically exist
d. Personal property attached to real property |
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Definition
c property that does not physically exist |
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Term
What is the United States Supreme Court's authority to decide the meaning of the Constitution known as? Select one:
a. Stare decisis
b. Judicial review
c. Diversity jurisdiction
d. Subject matter jurisdiction |
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Definition
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Term
What is the act of counterfeiting someone else's signature on a document called? Select one: a. Forgery b. Misappropriation c. Racketeering d. Theft |
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Definition
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Term
What is the term for unlawfully obtaining a trade secret? Select one: a. Dilution b. Fraud c. Infringement d. Misappropriation |
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Definition
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Term
Which of the following gives employees the right to organize and engage in collective bargaining? Select one:
a. Equal Pay Act
b. National Labor Relations Act
c. Equal Employment Act of 1972
d. Labor-Management Relations Act |
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Definition
b national labor relations act |
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Term
Which of the following identifies one aspect of general partnerships that may be advantageous? Select one: a. Limited liability b. Separate legal existence c. An extensive body of flexible law d. May be formed and dissolved easily |
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Definition
D may be formed and dissolved easily |
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Term
Which of the following is a major disadvantage of a corporation? Select one: a. Double taxation b. Separate legal existence c. Joint and several liability d. Limited duration of existence |
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Definition
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Term
Which of the following is a management tactic for dealing with negotiation breakdown during collective bargaining? Select one: a. Boycott b. Lockout c. Picket d. Strike |
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Definition
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Term
Which of the following is a type of ADR in which the decisionmaker takes the place of a judge and jury? Select one:
a. Arbitration
b. Facilitation
c. Mediation
d. Negotiation |
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Definition
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Term
Which of the following is a type of negotiable instrument in which the maker warrants to pay a certain amount to the payee? Select one:
a. Draft
b. Money order
c. Promissory note
d. Bill of exchange |
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Definition
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Term
Which of the following is a type of negotiable instrument that is signed assurance to pay a named person or bearer of the instrument a specified sum on money at a predetermined date or on demand? Select one: a. A draft b. A check c. A promissory note d. A certificate of deposit |
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Definition
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Term
Which of the following is an example of a felony? Select one: a. Murder b. Petty theft c. Vandalism d. Public intoxication |
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Definition
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Term
Which of the following is an example of a felony? Select one: a. Homicide b. Jaywalking c. Trespassing d. Disturbing the peace |
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Definition
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Term
Which of the following is an example of a misdemeanor? Select one:
a. Arson
b. Burglary
c. Kidnapping
d. Trespassing |
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Definition
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Term
Which of the following is an example of a misdemeanor? Select one: a. Arson b. Kidnapping c. Minor battery d. Armed robbery |
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Definition
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Term
Which of the following is beneficial because, like litigation, it uses a third party to determine the outcome of the dispute? Select one: a. Arbitration b. Facilitation c. Mediation d. Negotiation |
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Definition
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Term
Which of the following is the use of deception to acquire money or property? Select one: a. Fraud b. Embezzlement c. A Ponzi scheme d. Misappropriation |
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Definition
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Term
Which of the following is true of the Fair Labor Standards Act? Select one: a. It provides for collective bargaining. b. It establishes a national minimum wage. c. It established the National Labor Relations Board. d. It requires the payment of the local prevailing wage. |
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Definition
b it establishes a national minimum wage |
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Term
Which of the following lists the required elements of a valid common law contract? Select one: a. Offer and acceptance, consideration, capacity, legal purpose b. Offer and acceptance, consideration, capacity, contract in writing c. Offer and acceptance, exchange of money, capacity, legal purpose d. Offer and acceptance, exchange of promises, capacity, legal purpose |
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Definition
A offer and acceptance consideration capacity legal purpose |
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Term
Which of the following occurs when a tenant remains in an apartment after the lease has ended and without the landlord’s permission? Select one:
a. Tenancy at will
b. Tenancy in common
c. Tenancy at sufferance
d. Tenancy by the entirety |
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Definition
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Term
Which of the following scenarios violates Title VII of the Civil Rights Act of 1964? Select one: a. A restaurant refuses to hire anyone under 21 years of age to work at its bar. b. A home health company allows clients to choose gender-specific caregivers. c. A religiously-affiliated university only hires individuals who are followers of the same faith. d. A casting director will only hire Native Americans to play roles in a film depicting early the life of Geronimo. |
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Definition
c. a religiously affiliated university that only hires individuals who are followers of the same belief |
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Term
Which of the following statements about members of the Supreme Court of the United States is true? Select one: a. They have life tenure. b. They serve for a four-year term. c. They serve as long as the president desires d. They may serve no longer than the age of 65. |
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Definition
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Term
Which of the following statements best describes collective bargaining? Select one: a. It is the term for decisions and regulations of the National Labor Relations Board. b. It is the name of the body of federal and state law that governs employer and employee relations. c. It is the process of negotiations between an employer and a group of employees to determine the conditions of employment. d. It is the method of dispute resolution used as an alternative to litigation and commonly designated in agreements between employers and employees as the way to resolve disputes. |
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Definition
c it is the process of negotiations between an employer and a group of employees |
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Term
Which of the following statements is true of limited liability companies? Select one: a. They have the same liability feature as partnerships as well as the same tax benefits. b. They offer the limited liability feature of corporations as well as the same tax features. c. They offer the limited liability feature of corporations but the tax benefits of partnerships. d. They offer the limited liability feature of corporations but tax the entity's income separately. |
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Definition
c they offer the limited liability feature of corporations but tax the entities income separately |
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Term
Which of the following would be categorized as real property? Select one: a. Trees for sale at a nursery b. Broccoli growing on a farm c. Strawberries at a farm stand d. Corn available at the grocery store |
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Definition
b broccoli growing on a farm |
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Term
Which one of the following statements accurately explains how diversity jurisdiction impacts a case? Select one: a. It allows the case to be removed to federal court when the parties are from different states. b. It establishes the rules by which state and federal courts must be governed. c. It creates a "home court advantage" for the plaintiff in state court. d. It gives the U.S. Supreme court the option to hear the case first. |
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Definition
A it allows the case to be removed to federal court when the parties are form different states |
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Term
Which type of ADR is often used when a dispute arises between employees and employers? Select one: a. Arbitration b. Litigation c. Mediation d. Negotiation |
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Definition
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Term
Which type of ADR is the most similar to litigation? Select one: a. Arbitration b. Facilitation c. Mediation d. Negotiation |
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Definition
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Term
While a plaintiff alleging negligence against a company may prove the company had a duty, the company breached its duty, and the plaintiff suffered legally recognizable injuries, the plaintiff would still have to prove which of the following? Select one: a. The company was the cause of the injuries. b. The company had no defenses to its breach. c. The company was strictly liable for its breach. d. The company committed the breach on purpose. |
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Definition
A The company was the cause of the injuries |
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Term
Why is recording a deed to real property important? Select one: a. It is the only way to gain adverse possession. b. It places others on notice of who owns the property. c. If the deed is not recorded, ownership does not pass. d. It is evidence that real property was intended as a gift. |
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Definition
b it please others on notice who ones the property |
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Term
Why is the limited liability partnership a good choice for professionals? Select one: a. They operate the same as limited partnerships. b. The entity's income is taxed separately from the owners. c. Limited partners can avoid liability while vesting management in a general partner. d. It has the tax advantages of a partnership along with limited liability for all partners. |
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Definition
d. It has the tax advantages of a partnership along with limited liability for all partners. |
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Term
With respect to tort damages, who are most Good Samaritan laws limited to? Select one: a. Bystanders b. On-duty first responders c. Laypersons who render aid in good faith d. Off-duty police officers and off-duty firefighters |
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Definition
c layperson who render aid in good faith |
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Term
Yolanda and Margaret are officemates. During an argument, Yolanda called Margaret a thief, although Yolanda knew her accusation was untrue. Has Yolanda committed slander? Select one: a. Yes, because she knows her accusations are untrue. b. Yes, because she has met the spoken word requirement for slander. c. No, because Yolanda's accusations were not in printed form. d. No, because the argument was between Yolanda and Margaret. |
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Definition
D NO because the argument was between Yolanda and Margaret |
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Term
Yolanda offers to sell her laptop computer to Zoe for $200; Zoe agrees to pay Yolanda $200 for the laptop; the next day Zoe gives Yolanda $150 and a $50 gift card to a local store in payment. Is Zoe discharged from the contract? Select one: a. Probably, because Yolanda has gotten the value she bargained for. b. Probably, because in this circumstance substantial compliance would be reasonable. c. Probably not, because Yolanda doesn't like the store that the gift card is from. d. Probably not, because in this circumstance strict compliance would be reasonable. |
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Definition
D probably not because in this circumstance strict compliance would be reasonable |
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Term
You are buying a house with your brother. You each want to make sure that if one of you dies, then the other will get the house. Each should acquire what interest in the property? Select one: a. Life estate b. Joint tenancy c. Tenancy in common d. Tenancy by the entirety |
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Definition
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Term
Your neighbor orders propane gas for his house; the delivery vehicle, however, comes to your house; you realize you need propane, so you allow the driver to fill your tank. When the bill comes, you refuse to pay it. Are you required to pay it? Select one:
a. No, because you can raise the defense of mistake.
b. No, because you never made a contract with the propane supplier.
c. Yes, a court will interpret that you did make a contract with the propane supplier.
d. Yes, because under the doctrine of quasi-contract, you cannot be unjustly enriched. |
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Definition
Yes because under the doctrine of quasi contract you cannot be unjustly enriched |
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Term
n contract law, an assignment is the transfer of what to a third party? Select one:
a. Contract rights
b. Contract duties
c. Contract property
d. Contract consideration |
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Definition
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Term
n order to be copyrighted, a work must be original and which of the following? Select one: a. In written form b. Able to be performed c. Fixed in a durable medium d. Registered with the government |
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Definition
C Fixed in a durable medium |
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Term
Which of the following statement best describes the benefit of negotiation? Select one:
a. Negotiation vests the authority to decide a dispute in the hands of a neutral third party.
b. Negotiation involves the use of a neutral third-party to act as a facilitator between the parties.
c. Negotiation requires a process of discovery by which each party gets information about the other's case.
d. Negotiation encourages parties to reach a "win-win" outcome by employing concepts such as "BATNA" and "WATNA." |
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Definition
Negotiation encourages parties to reach a "win-win" outcome by employing concepts such as "BATNA" and "WATNA." |
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Term
Tort law addresses which type of legal issue? Select one:
a. The relationship between an employer and a union
b. The enforcement of an agreement made between two parties
c. The liability of a person who acts unreasonably and causes an injury
d. The punishment of a person who has committed a wrong against society |
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Definition
The liability of a person who acts unreasonably and causes an injury |
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Term
As Jessica watched a soccer match, Wanda threw a tomato at her head. Jessica calmly ducked out of the way, and the tomato hit Roger instead. Can Jessica successfully sue Wanda for assault? Select one:
a. Yes, because Wanda purposefully threw the tomato.
b. Yes, because Jessica was aware that Wanda had thrown the tomato at her.
c. No, because Jessica was calm about the situation.
d. No, because Roger was the one who was actually hit by the tomato. |
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Definition
No, because Jessica was calm about the situation. |
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Term
Nora is a night janitor for a movie theater. She accidentally left her vacuum cleaner in the aisle during her shift. Customer Xavier tripped over the vacuum cleaner and fell. Xavier spilled his drink and twisted his ankle in the fall. Which of the following statements is true regarding this scenario? Select one:
a. The movie theater is liable for Xavier's injured ankle.
b. The movie theater is liable for the spilled drink because Xavier paid for it, but it is not liable for his injured ankle.
c. The movie theater is not liable for Xavier's fall because he had the last clear chance to avoid the accident.
d. The movie theater is not liable for Xavier's fall because it is foreseeable that a worker would leave objects in the aisle. |
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Definition
Tricky read the wording The movie theater is liable for Xaviers injured ankle |
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Term
If someone runs over you with his car but actually intended to run over someone else, has an intentional tort occurred? Why or why not? Select one:
a. No, because the tort was accidental, not intentional.
b. No, because the person did not intend to run over you.
c. Yes, because the intent was to run over someone.
d. Yes, because negligence is the same as an intentional tort. |
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Definition
yes because the intent was to run someone over |
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Term
Formation of a contract starts with which of the following? Select one:
a. An offer
b. Acceptance
c. Consideration
d. Mutual assent |
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Definition
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Term
XYZ Corporation offers UVW Corporation $10,000 for a shipment of 500 widgets in 2012. UVW accepts the offer. Instead of delivering 500 widgets, UVW promptly delivers 500 waldos, which are not at all interchangeable with widgets. Due to an oversight, XYZ does not figure out the problem until 2016. There is a statute of limitations of three years for breach of contract actions. What is the likely result? Select one:
a. The contract will be valid but unenforceable.
b. The contract will be unenforceable due to subsequent illegality.
c. The contract will be invalid but enforceable for public policy reasons.
d. The contract will still be enforceable based on substantial performance |
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Definition
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Term
Arthur and Bernard meet and discuss the sale of Bernard's house. Bernard makes an oral offer to Arthur to sell the house for $100,000. Arthur shakes hands with Bernard and orally agrees to pay $100,000. When Bernard shows up with the papers to sign, Arthur refuses and says he will not buy Bernard's house. Bernard sues for breach of an oral contract. What defense will Arthur most likely be able to assert? Select one:
a. Lack of capacity
b. Formation problem
c. Illegality of subject matter
d. Violation of the Statute of Frauds |
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Definition
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Term
State A has enacted the statute that "The age of majority for a minor child is 18 years of age." Robert loves to participate in multiplayer adventure games online. Consider a scenario whereby a retailer sold an online gaming subscription to Robert. Robert is 15 years old. What legal effect does the State A statute have on this transaction? Select one:
a. The contract is voidable at Robert's option.
b. The contract is valid, and therefore enforceable by the retailer.
c. The contract is illegal and therefore unenforceable by either party.
d. The contract is void on its face and therefore unenforceable by the parties. |
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Definition
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Term
Louisa is the owner of Prime Imports, Inc. Louisa invited shippers to bid on the delivery of her glass wares across the country for $5,000. When making its bid, a shipper erroneously calculated the delivery cost for $2,500. Louisa noticed the error and accepted the shipper's bid nevertheless. Which of the following statements about the shipper is true? Select one:
a. The shipper must deliver the goods for $2,500 due to the shipper's unilateral mistake.
b. The shipper must deliver the goods for $2,500 because Louisa did not input the final amount.
c. The shipper does not have to deliver the goods for $2,500 because Louisa has committed fraud.
d. The shipper does not have to deliver the goods for $2,500 because Louisa was aware of the calculation error. |
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Definition
The shipper does not have to deliver the goods for $2,500 because Louisa was aware of the calculation error. |
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Term
To be negotiable, the UCC requires the instrument be what kind of writing, that promises or orders monetary payment of a specified amount? Select one:
a. Ambiguous
b. Notarized
c. Unconditional
d. Witnessed |
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Definition
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Term
Which of the following is a draft that is drawn on a bank and is payable on demand? Select one:
a. A check
b. A bill of exchange
c. A promissory note
d. A certificate of deposit |
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Definition
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Term
Eddie Thomason comes up with the idea that electricity can be used to power lights. Shortly after, Thomas Edison comes up with the same idea and produces a working light bulb. He then files a patent application. What is the likely result if Eddie Thomason also applies for a patent? Select one:
a. Eddie Thomason will get the patent, because it is a design patent.
b. Eddie Thomason will get the patent, because he came up with the idea first.
c. Eddie Thomason will not get the patent, because electric lighting is not useful.
d. Eddie Thomason will not get the patent, because ideas alone cannot be patented. |
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Definition
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Term
Rose is a film critic for an online newspaper. She recently viewed an independent film at a local festival. Rose has used short excerpts from the film's promotional material in her reporting. Rose has been asked by the filmmaker to stop using excerpts from the film. Rose refuses to comply. Has Rose broken copyright law by using film excerpts? Select one:
a. Yes, because she is using the actual film in her critique.
b. Yes, because she has kept using the film footage after being asked to stop by the owner.
c. No, because Rose bought a ticket to the film when it was released.
d. No, because Rose is using the excerpts for commentary and criticism. |
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Definition
No, because Rose is using the excerpts for commentary and criticism. |
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Term
Thomas is an at-will employee. Right before he was to receive a job promotion, he was terminated from his job. Thomas' employer fired him so that it would not have to pay Thomas more money. Which of the following is true? Select one:
a. Thomas can file a wrongful termination lawsuit based on breach of public policy.
b. Thomas can be terminated, if the company can show that he was costing too much.
c. Thomas can be terminated at any time and for any reason because he is an at-will employee.
d. Thomas can file a wrongful termination lawsuit based on breach of implied covenant of good faith and fair dealing. |
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Definition
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Term
The argument that prevailing wage laws increase the cost of government construction projects is an argument against which law? Select one:
a. The Davis-Bacon Act
b. The Fair Labor Standards Act
c. The National Labor Relations Act
d. The Federal Construction Contract Act |
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Definition
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Term
The Foreign Corrupt Practices Act (FCPA) outlaws which of the following by American companies doing business in foreign countries? Select one:
a. Fraud
b. Bribery
c. Larceny
d. Anticompetitive activities |
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Definition
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Term
If you are interested in establishing a business in which the owners would not be personally liable for the debts of the company, you should not consider which of the following? Select one:
a. Corporation
b. General partnership
c. Limited liability company
d. Limited liability partnership |
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Definition
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Term
Administrative agencies get the authority to regulate businesses from which of the following? Select one:
a. The legislature
b. The constitution
c. The judicial branch
d. The executive branch |
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Definition
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