Pre Exam Quiz 3- Business - Business Law

Employees who are not covered by the Fair Labor Standards Act are called "classified employees."

For an employer to successfully defend against a charge of a supervisor's sexual harassment, the plaintiff-employee must have taken a tangible employment action against the supervisor

3

In the absence of any specific agreements, the buyer or lessee must make payment prior to receipt of the goods.

4

There is no such thing as an oral note or check

5

Pine Mills Inc. agrees to sell a certain quantity of plywood to Quality Lumber Company under a destination contract. Pine Mills must

6

Han wants to start a personal training business. He should choose a sole proprietorship entity if he seeks

7

When the party making the statement would have known the truth about the fact had he used reasonable care to discover or reveal it, a negligent misrepresentation results.

8

Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend

9

What is intentional misrepresentation and what are the elements required to prove fraud?

A misrepresentation occurs when an assertion is made that is not in accord with the facts. An intentional misrepresentation occurs when one person consciously decides to induce another person to rely and act on a misrepresentation. Intentional misrepresentation is commonly referred to as fraudulent misrepresentation, or fraud. When fraudulent misrepresentation is used to induce another to enter into a contract, the innocent party's assent to the contract is not genuine, and the contract is voidable by the innocent party. The innocent party can either rescind the contract and obtain restitution or enforce the contract and sue for contract damages.
To prove fraud, the following elements must be shown:
1. The wrongdoer made a false representation of material fact.
2. The wrongdoer intended to deceive the innocent party.
3. The innocent party justifiably relied on the misrepresentation.
4. The innocent party was injured.

10

Rob agrees to act as an agent for Diane in selling her car. Diane has a duty of loyalty to Rob

11

The U.N. has recently sponsored a "supranational" set of laws that transcends national boundaries; most industrialized nations have adopted it

12

Eliza is the holder of a check that states, "Pay to the order of Eliza." To negotiate this check to Moses, Eliza simply needs to give Moses the check

13

Julia believes that the current jurisprudence reflects a male legislature and judicial system, and that women's views are underrepresented. Based on this scenario, she belongs to the ________ school of jurisprudence

14

The Americans with Disabilities Act access provisions: A) Do not apply to commercial properties

15

If an accommodated party pays a note when it is due, the accommodated party can force any accommodation party to contribute based upon the number of accommodation parties that exist.

16

One of the thingsa manufacturer must do in order to avoid product liability is to exercise due care in using the appropriate production process.

17

Like corporations, LLCs are creatures of ______________

18

The implied warranty of merchantability arises only in the sale of a new automobile

19

A(n) ____________________ is a course of action available to an injured party to obtain satisfaction for a breach of contract

20

What is the distinction between theft and embezzlement?

21

An individual may be fined up to ________ and imprisoned for up to ________ for a criminal violation of the 1934 Act.

22

A franchisee acquires a(n) ________ from a franchisor that allows the franchisee to use the franchisor's trademarks, service marks, trade names, and other intellectual property in the distribution of goods, services, software, and digital information.

23

Which of the following statements is true about the freedom of speech guaranteed by the Bill of Rights?

24

A contract in which a party assumes a secondary obligation must be in writing to be enforceable

25

Donald Tramp declares bankruptcy. He has significant arrears of spousal and child support. He also owes $500 in parking tickets. It is his first bankruptcy. After nine months, he applies for a discharge. Which of the following is TRUE?

26

A corporation may properly exist without a name

27

Regarding the monitoring and surveillance of employees, an employer could legally place video cameras in which of the following locations?

28

The U.S. Supreme Court has held that a state may not exercise personal jurisdiction over a nonresident defendant who is temporarily present by personally serving the defendant in the state

29

Why is the Supreme Court far more likely to review and reverse a decision rendered by the Ninth Circuit Court of Appeals?

30

Fact Pattern 24-2ACommodity Sales Corporation and Resource Purchasing Company enter a contract for a sale of unprocessed silver. Commodity Sales draws a draft unconditionally ordering Resource Purchasing to pay $50,000 to Commodity Sales's order in sixty days. Resource Purchasing signs and dates the draft.Refer to Fact Pattern 24-2A. On this instrument, Commodity Sales is

31

The Uniform Deceptive Trade Practices Act:

32

If the promisor's performance will satisfy a legal duty that the promisee owes a third party, the third party is a creditor beneficiary.

33

In what way do legal remedies and equitable remedies differ?

34

Which of the following is not discussed in the text as a common law exception to the employment-at-will rule?

35

Which of the following would be considered a stationary source of air pollution?

36

A franchisor can mandate retail prices for the goods that a franchisee sells.

37

Which of the following is likely to be governed under the Title VII of the Civil Rights Act of 1964?

38

The U.S. Supreme Court has held that the Takings Clause requires just compensation not only if a governmental taking actually occurs, but also if a governmental regulation reduces the value of the property.

39

The 1933 Act exempts all but which of the following from its registration requirements?

40

Under the FMLA employees who have a foreseeable leave approaching, such as for birth, adoption, or planned medical treatment, must:

41

What governs the making, interpretation, and enforcement of leases?

42

Saying such things as I was just kidding or you’re overacting is showing what type of response to criticism?

43

Revised Article 9 of the UCC only applies to goods and does not include intangibles such as accounts or chattel paper

44

A motion to dismiss is called a demurrer in some courts

45

The 1934 Act applies only to stock traded on a national exchange for companies whose corporate assets exceed $10 million

46

A pizza deliverer who is in an accident while en route to deliver a pizza for a restaurant has: A) no liability for the accident

47

State the findings of the Supreme Court concerning the objective of the union's "will not handle" clause

48

________ is a ground for lack of capacity only when it is so extreme that the person is unable to understand the nature of the business at hand.

49

Harry and Sally have lived together for years. Neither has been married before. They are both 30 years old, and they have lived together for 10 years. They have referred to themselves as married even though they have never had a wedding ceremony

50

The process that directs and controls organizations is known as:

51

A lockout occurs when:

52

According to the excuse of ________, a party may not rely on a failure of the other party to perform, to the extent that such failure was caused by the first party's act or omission

53

Under Rule 10b-5 of the Securities Act of 1934, ________.

54

Which of the following is correct with regard to treaties in the United States legal system?

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Pre Exam Quiz 3- Business - Business Law

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