Business - Business Law, QuizDoc 1

Which of the following is true of dual agency?

Emancipation is the release of a minor from a contract

Bart owned 100 shares of a stock that was actively traded on a national stock exchange. Bart wanted to sell the shares but felt that his profit would be seriously diminished by selling through a broker and paying the customary brokerage commission. Bart

4

An amendment to the Constitution may be approved to become effective by:

5

Michelle's Boutique places an ad in the Sunday paper for beautiful, top-of-the-line designer suits for $3.00 . Alice sees the ad in the paper and goes to the store to stock up on business suits for her new job. Michelle apologizes for the misprint. Alice has just finished a class in contract law and insists that the store sell her five suits for $15 . Alice threatens to sue Michelle for breach of

6

If there is evidence that the employee is motivated by the opportunity for financial gain, the legitimacy of his or her whistle-blowing should be questioned.

7

The document that provides borrowers with general information about settlement costs, RESPA provisions, and the Settlement Statement (HUD-1) is the:

8

Bankruptcy proceedings are held in state courts.

9

Immanuel Kant is credited with developing the utilitarian stream of moral reasoning.

10

In a letter of credit transaction, an advising bank is entitled to reimbursement from the issuing bank if the documents it receives are in order

11

The sale and purchase of securities are regulated at the ________ and state level.

12

A corporation does not have perpetual existence in most states unless the articles of incorporation state otherwise.

13

An indorsement that does not specify a particular indorsee is known as a ________

14

It is difficult to keep politics out of decisions about which crimes to prosecute because:

15

A(n) ________ is a situation in which one corporation is absorbed into another corporation and ceases to exist

16

A union is engaged in a labor dispute with Hawkins, Inc. To force Hawkins into resolving the dispute in the union's favor, the union organizes a strike against Boxwell Co., with which the union has no dispute. The union agrees to stop the strike if Boxwell agrees to stop doing business with Hawkins. The strike against Boxwell is a prohibited unfair labor practice under the LMRA.

17

In Federal Trade Commission v. Staples, Inc., the case in the text, the court found that:

18

Daisy purchased 100 flower pots from a local merchant. Warranties which are not included in her sales contract, but exist by "operation of the law," are the:

19

On May 1, 2010, Cynthia Hendrix bought her home and First Bank recorded its mortgage. On June 24, 2012, Cynthia sold her home to Stanton Gulbrandsen for $250,000. At that time, Cynthia's mortgage was $225,000. Stanton assumed Cynthia's mortgage and gave Second Bank a second mortgage for $225,000. Second Bank did not record its mortgage. On October 12, 2014, Stanton sold the home to Derek Bolger

20

A lawsuit filed without legal merit or justification is called a_________lawsuit

21

A defendant who wants to have the trial moved to a different geographic location in the state because of likely jury prejudice would ask for a change of venire.

22

A consignment sale is treated as a(n) __________ under UCC Article 2, and the dealer-consignee has full authority to sell the goods for the consignor and can pass title to the goods

23

The EEOC is the government agency tasked with adjudicating Title VII employment discrimination charges brought by employees against their employer.

24

Which of the following is a required element of an enforceable contract?

25

When a minor gets married, she or he is considered ________ in most cases.

26

Three different tests are used by the Supreme Court as standards in reviewing cases which raise issues of equal protection. What are the three tests? When is each applied? In your opinion, why have different tests been developed?

The rational relationship test applies to economic legislation and requires only that the classification conceivably bear some rational relationship to a legitimate governmental interest the classification seeks to further. Under this standard, there is a strong presumption that the legislation is constitutional. The strict scrutiny test is much more exacting. It requires that the legislature's classification be necessary to promote a compelling governmental interest. The strict scrutiny test is applied to cases involving suspect classifications made on the basis of race or national origin. It also is applied when governmental action affects fundamental rights. The intermediate test is more rigorous than the rational relationship test but less demanding than the strict scrutiny test. It is applied in cases involving legislation that makes classifications based on gender or legitimacy. Under this test, the classification must have a substantial relationship to an important governmental objective. Different tests developed to protect individual rights depending on the nature and importance of the rights involved.

27

[Anxiety Leave] Kayla was a graphic designer at DesignCo. She suffered from severe anxiety. One morning, her anxiety was so severe, she checked herself into a treatment center. Two days later, she called her supervisor and said she had checked herself into a treatment center for anxiety and would probably be gone a few weeks. When she returned to work five weeks later, Kayla found that someone else was sitting at her desk and working on all of her accounts. Her supervisor showed her to a new desk and gave her new accounts to work on. Kayla filed a lawsuit claiming DesignCo violated the FMLA because she was not returned to her position. DesignCo claimed that Kayla was not protected under the FMLA because she did not notify the company as required by the FMLA since she did not even call

in Business

until two days later and never even mentioned the FMLA. DesignCo also argued that, even if she was protected under the FMLA, DesignCo did not violate the law because Kayla returned to a similar job.Was Kayla required to mention the FMLA in her telephone call?

A. Yes, the employee must provide enough information to identify the exact type of leave requested.
B. No, the employee does not have to specifically mention the FMLA.
C. No, the employee does not need to provide notice under the FMLA.
D. Yes, the employee must specifically state that the leave is requested under the "Family Medical Leave Act", though the use of "FMLA" is sufficient.
E. Yes, the FMLA will not be triggered unless the employee identifies the name of the Act.

28

Anyone who writes a book has automatic international copyright protection-even in nations that are not parties to international agreements relating to intellectual property rights

29

Online agreements often have

30

In order to be patentable, an invention must not be one that a person of ordinary skill in the trade could have easily discovered.

31

Seth files a petition for bankruptcy. Seth must include with the petition

32

In many respects, administrative agencies are like governments within a government because they combine

33

Who hears an appeal of an administrative law judge's ruling?

34

Employees who report or attempt to report employer wrongdoing or actions threatening public health or safety to government authorities are called: A) witnesses

35

Which of the following is true of the parol evidence rule?

36

George's Wholesaling agrees to purchase 1,000 pounds of bananas from Chickadee Exports at 39 cents per pound. George's does not have the money for the bananas now, but promises to pay in two months. Chickadee Exports wants George's business but needs the money now. Chickadee (as drawer) prepares an instrument ordering George's (as drawee) to pay $390 to Primary Bank (the payee). This is an example of

37

Petty rented an apartment in a building owned by Clark. Jason was coming to visit Petty. Jason slipped and fell down the outside steps, which had not been cleared of ice and snow. Who is liable for Jason's injuries?

38

In one city, developers are limited by the zoning law to constructing no more than an average of three houses per acre in any subdivision. What does this restriction regulate?

39

Which of the following is an exception to the rule requiring consideration?

40

Genue moved to the United States from Greece. He lived in the states for many years before finally passing away without a will in Michigan. How will his property be distributed?

41

Which of the following is true of the Endangered Species Act?

42

A motion for summary judgment may be made before, during, or after a trial.

43

Under which type of contract would the seller withhold legal title to the property, until the terms of the contract have been fulfilled?

44

Which of the following statements about the per se rule and the rule of reason antitrust doctrines is true?

45

Excessive punitive damage awards may violate the constitutional protection of due process.

46

Issuing securities is the only way for a new corporation to raise capital

47

With respect to property, under the common law, minors:

48

Which of the following is a reasonable accommodation required of employers under the Americans with Disabilities Act:

49

The Food Additives Amendment (Delaney Clause) to the Food, Drug, and Cosmetic Act:

50

A person who acquires a negotiable instrument with notice of a defense: A)has acted in bad faith. B) has acted illegally

51

Arbitration may function as a precursor to litigation.

52

Gordon get a loan for his new home and one for a new boat. What method of financing has Gordon secured?

53

Some courts have held that certain shareholders are fiduciaries of each other. These are shareholders of:

Find your answers, solutions and more...

We made it much easier for you to find exactly what you're looking for on Sciemce. Enjoy our search engine "Clutch."

Save a GPA. Donate your notes with us.

Business - Business Law, QuizDoc 1

Recent Packs