Business - Business Law, Pace 3 Quiz

The Age Discrimination in Employment Act (ADEA) covers employees between the ages of 40 and 85.

An employee’s reasonable expectation in response to an employer’s promise is key to a finding of an implied employment contract.

3

Peggy's credit card debts are mounting as her costs of insurance and fuel have dramatically increased and her income, from sporadic free-lance jobs, has dropped. Chapter 13 of the Bankruptcy Code will allow her to reorganize her debt while she keeps most of her assets

4

Civil law can best be described as

5

Willamett has left her employment. She knows that she has the right under the Consolidated Omnibus Budget Reconciliation Act to pay for health coverage as she finds another job. When does Willamett have to decide whether or not to keep her health insurance?

6

Which of the following is a heat source of water pollution?

7

Both companies and their employees are subject to criminal penalties for violations of federal environmental laws

8

A ticket to a sporting event is a license

9

What is the process for filing a suit under Title VII of the Civil Rights Act?

10

The UCC does not cover:

11

Procedural laws are those laws that relate to the enforcement of substantive rights and duties

12

A state court can exercise jurisdiction over an out-of-state defendant, but the defendant must have A)minimum contacts with the state

13

With respect to anticompetitive behavior, the Federal Trade Commission Act prohibits

14

An expression of opinion will usually create a warranty

15

The Fifth Amendment protects a defendant from double jeopardy.

16

A security interest may apply to personal property that is not yet in the debtor's possession.

17

Dairy Farm enters into a contract with Edible Ice Cream Inc. to supply milk. Later, Dairy decides that it is no longer advantageous to fulfill the contract and subsequently fails to perform as promised. Edible files a suit against Dairy. A breach occurred when Dairy

18

The ________ Amendment to the U.S. Constitution guarantees that a criminal defendant has the right to a public jury trial.

19

The parol evidence rule permits the introduction at trial of evidence of the parties prior negotiations, prior agreements, or contemporaneous oral agreements that contradicts or varies the terms of the written contract

20

[Carpet Woes] Joaquin went shopping at ABC Carpet. He saw some carpet he liked but could not make up his mind. The manager at ABC Carpet wrote down the proposed purchase price for him along with a statement that the price would be good for three months. Two months later, Joaquin went back to ABC Carpet to purchase the carpet. Unfortunately, the price had gone up. Joaquin showed the manager his writing and guaranteed price, but the manager said that the offer was no longer good. Frustrated with ABC Carpet, Joaquin decided to purchase his carpet from XYZ Carpet, and he also contracted with XYZ to do the installation. Unfortunately, Joaquin almost immediately started to have problems with the carpet. Joaquin told the sales manager for XYZ Carpet that he was planning on bringing a suit for

in Business

breach of warranty. The sales manager, however, told him that breach of warranty provisions only applied to sales of goods and that the carpet purchase was for installation, a service.Which of the following is true in most states regarding whether the UCC applies to the contract Joaquin had with XYZ Carpet?

A. Common law will be applied, not the UCC, because the contract was mixed.
B. The court will apply the service-warranty test to determine whether the predominant purpose of the contract was the sale of goods in which case the UCC would apply.
C. The court will apply the service-warranty test to determine whether the predominant purpose of the contract was the provision of a service in which case the UCC would apply.
D. The court will apply the predominant-purpose test to determine whether the predominant purpose of the contract was the sale of goods in which case the UCC would apply.
E. The UCC will be applied, not common law, because the contract was mixed.

21

A . What is a fee simple? b. What is a life estate? c. If Ed grants a life estate to his wife, what interest does he retain? Explain

22

The statute of frauds applies only to executory contracts

23

In the case of R.J. Reynolds Tobacco Company, et al. v. FDA, what was the majority opinion regarding the First Amendment and the graphic warning requirements?

24

What does Section 9(a) of the NLRA state regarding bargaining in good faith?

25

Hubert bought heavy-duty, sharp hedge clippers to trim the hedges in his yard. In the process of using the clippers, he severely cut his hand. He is now suing the manufacturer because the clippers are unreasonably dangerous. Can he recover? Explain.

26

A promise to make a gift that has been completed can be rescinded by the donor if it was not supported by consideration.

27

Which of the following is most likely to be true of legal positivists?

28

When the buyer is in default and the seller keeps the earnest money, the contract MOST likely provided for

29

A draft is also known as a promissory note.

30

The value of precedence in legal decisions under the common law is:

31

Credit repair organizations are now subject to federal law and disclosure requirements

32

U.S. law allows U.S. citizens, including private companies, to engage in the commercial exploration and exploitation of space resources.

33

Two corporations in a state may have the same name.

34

Which of the following laws states that a regulation cannot take effect until at least 60 working days have passed since the regulation was promulgated?

35

Paramount Publishing, Inc, delivers fifty cases of an assortment of books to Quicksilver Delivery, Inc, without passage of title to deliver the goods to Readmore Bookstore. This is A) a bailment

36

The Foreign Corrupt Practices Act prohibits U.S. firms from bribing foreign officials.

37

[Salsa Sensations] Sofia, co-owner of a popular dance club called Salsa Sensations, discovered her co-owner and best friend, Renata, has been secretly pocketing cash receipts. Salsa Sensations' business is booming. Sofia meets Gordon, an attorney. Gordon advises Sofia that she should engage in ADR instead of filing a lawsuit against Renata because it would be faster and cheaper than litigation.Which of the following would typically not be part of a mediation between Sofia and Renata?

38

Fritz is a professional painter and owns a truck worth $10,000 and tools worth $3,000. He owns a very modest house worth $17,000. He has numerous unsecured debts totaling $500,000 and considers filing for bankruptcy. Discuss the bankruptcy alternatives for Fritz.

39

In the historic case of Hamer v. Sidway, the nephew

40

Which one of these is different from all the others?

41

Charles writes a check payable to Jane on his account at Friendly Bank. Friendly accepts the check, but subsequently determines that there are insufficient funds in Charles' account to pay the check. Explain what liability Charles has.

42

To adjust debt and institute a repayment plan, Naomi, a family farmer, may file a petition in bankruptcy for relief under the Bankruptcy Code's Chapter

43

Powers granted in the Constitution to the three branches of the federal government are known as ________ powers.

44

Why did the plaintiff’s attorney allow the materials to be copied?

45

A forum-selection clause indicates the location for the resolution of any dispute arising under the contract.

46

Gordon, Melinda's long-time attorney, uses his position as her attorney to persuade her to sign over her property to Gordon's best friend Bartholomew. This is undue influence.

47

The shares of Home Mortgage Corporation are publicly traded in securities mar¬kets. Home Mortgage Corporation is

48

No tariffs or duties are paid in export processing zones

49

Contracts for the sale of fabric, automobiles, computers, furniture, and paper clips would all be governed by Article 2 of the Uniform Commercial Code

50

Bay Crab Processor has a contract with Jim, a local crabber, to buy all the crabs Jim catches during the season for $35 per bushel. This is an example of ___________ contract.

51

The elements of a security, as the Supreme Court ruled in the SEC v. Howey case include:

52

The contract for a present sale of goods or for a sale of future goods is a(n):

53

A statute of limitations invokes which of these equitable maxims?

54

In non-contractual relationships, in order to force the principal to perform the contract, the agent may seek which of the following?

55

Discuss if the following instrument is negotiable:"Ninety days after today, I promise to pay Sarah J. two thousand dollars."Signed: Peter K.

56

When one party substantially, but not completely, performs a contract, creating a minor breach,

57

Landscaping Company has the right to enter onto Mabel's land and remove gravel from certain acreage. This is

58

Stanton and Francesca have started a general partnership. Stanton has contributed 95 percent of the start-up capital and has the business experience and contacts, while Francesca's primary contribution is the labor necessary to operate the business. Management decisions are jointly made. At the end of the year, the business has shown a $100,000 profit. Stanton and Francesca have no formal written partnership agreement.

59

Sue Sandon and Joe Rhine concluded their agreement in all substantial matters of their contract for goods, such as price, quantity, and mode of delivery. But the formal written agreement has not been signed yet. Is there a binding contract at present?

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Business - Business Law, Pace 3 Quiz

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