Quiz Mark 5. Business - Business Law

1

[Uncooperative Employer] Rachel requested a 12-week leave for the birth of her child. She had 3 weeks of accrued paid sick leave time and 2 weeks of accrued paid vacation time. Rachel's employer, Hannah, requested that she take the sick leave time and vacation time prior to any leave time under the Family and Medical Leave Act. Rachel did not wish to do so, however, and told her employer that she was entitled under the Family and Medical Leave Act to take leave under the Act first and to save any other time. Another employee, Miguel, requested leave time under the Family and Medical Leave Act in order to care for a seriously ill parent. He had no other sick leave or vacation time available and immediately started using leave under the Act. Unfortunately, he was unable to return to work

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for 15 weeks. At that time, Hannah told him that he would have to be reassigned to a lower paying position because she had been unable to hold his job for him and had reassigned it to Milos. Miguel demanded that Milos be removed and that he be reinstated to his previous job. To the dismay of Hannah, Alina also requested leave because she planned to take in a foster child. Hannah told Alina to forget it because of all the other employees out on leave, because voluntarily taking in a foster child did not qualify Alina for leave, and also because she typically worked only 30 hours per week.Which of the following is true regarding Hannah's position that Rachel could be required to take paid sick leave and vacation prior to any leave under the Family and Medical Leave Act?

A. Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if Rachel had already taken at least one week of vacation in the previous 12 months.
B. Hannah could require that Rachel take vacation time prior to leave under the Family and Medical Leave Act but not that she take sick leave time prior to leave under the Family and Medical Leave Act.
C. Hannah could require that Rachel take sick leave time prior to leave under the Family and Medical Leave Act but not that she take vacation time prior to leave under the Family and Medical Leave Act.
D. Hannah is correct.
E. Hannah could require that Rachel take both vacation and sick leave time prior to leave time under the Family and Medical Leave Act only if the company employs under 100 workers.

2

In the Matter of Kmart Corp, where some creditors objected to the bankruptcy judge decision that "critical vendors" were to be paid first so that the store might stay in business, the appeals court held that the decision of the bankruptcy judge was:

3

If a buyer does not receive goods by the contract deadline, remedies available include all of the following EXCEPT

4

An instrument recorded on an impermanent surface can still qualify as a negotiable instrument

5

________ is discrimination against a group which is usually thought of as a majority class.

6

An obligation to pay a negotiable instrument subject to conditions precedent is known as:

7

Actions an employer can take to work toward inclusion of those historically underrepresented in the workplace include all of the following except:

8

When a person dies, arrangements will first be made to pay his or her final expenses, such as the cost of an appropriate burial, medical expenses, taxes, and legitimate debts

9

Jong is seeking a de novo review. What is he asking for?

10

Leviathan Corp. filed a civil Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit against NBS Bros., an accounting firm. NBS asked the court to dismiss the case for two reasons: first, Leviathan did not allege, and cannot prove, that NBS is connected in any way with organized crime, as that term is customarily used; and second, Leviathan did not allege, and cannot prove, that NBS was criminally convicted of a predicate offense. Should NBS succeed with these arguments? Explain your reasoning.

NBS should not succeed with these arguments. Despite the reference to "Racketeer Influenced" in RICO's title, the Supreme Court has concluded that the broad language of the statute is not restricted in application to settings involving mobsters and organized crime in the usual sense. As for NBS's second argument, it too fails because the Supreme Court has held that the plaintiff in a civil RICO case is not required to prove that the defendant had been criminally convicted of a predicate offense. In 1995, Congress created an exception to this general rule by enacting a statute that required proof of a criminal conviction if the predicate offense was conduct that would have been actionable as securities fraud. Nothing in the facts of the question indicates that the conduct complained about in Leviathan's lawsuit would have been securities fraud.

11

Explain how business understands the opportunities available in the age of sustainability.

12

Which of the following is a principal's duty to his agent?

13

Conflicts of interest rules are based on the lawyer’s duty of __________ and __________.

14

Which of the following guidelines applies to writing the title of a contract?

15

Explain sellers' remedies for breach of a sales contract. Provide an example.

16

[Property Claims] Rayyan sells his home to Kayla and her mother, Bridget. The deed and documents of ownership held by Kayla and Bridget are written such that Kayla and Bridget may each sell or devise her interest in the property. Rayyan provides Kayla and Bridget with a general warranty deed. The deed and other documents of sale contain an easement giving Diego a right to cut across the property in order to obtain access to an adjoining lake. Diego had purchased the easement from Rayyan a few years earlier. After Kayla and Bridget moved in, they saw Diego cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Kayla told him that she was the new owner and that she was not accepting it. The next week Ann, the next door neighbor, came

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over to visit and told Kayla and Bridget that she actually owned a good bit of the yard that was conveyed to Kayla in her deed from Rayyan and that she would like to sell it to Bridget and Kayla. Ann explained that some years prior to Rayyan's ownership, she had purchased the property from a previous owner. It turns out that Ann had actually recorded her interest, but it had been inadvertently missed when the property was sold to Kayla and Bridget. Kayla calls Rayyan and tells him to straighten out the problem with Ann. Rayyan tells her that he is finished with the property and that all problems now belong to her and Bridget.Which of the following is true regarding Rayyan's statement that he has no obligation to be involved with the dispute with Alice?

A. He is correct but only because he was not the previous owner who allegedly transferred the interest to Ann.
B. He is incorrect, and his general warranty deed likely imposes upon him a duty to resolve the dispute involving Ann through proving her wrong, settling with her, or other means.
C. He is incorrect only if Ann was truly granted the property and is not engaged in fraud.
D. He is correct.
E. He is correct but only if in addition to not being the transferor to Ann, he had no knowledge of any previous transfer to Ann.

17

In which of the following situations has the duty between partners NOT been breached?

18

Which of the following statements best summarizes the first four steps to legal reasoning?

19

In a lawsuit for copyright infringement, a defendant can avoid liability by successfully arguing _________, based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work

20

Which of the following is an important impact of the Sarbanes-Oxley Act:

21

A thief can pass title to a stolen good to ________.

22

Jodie deposits a $527 check from the IRS made payable to her in her checking account. When will the $527 be made available to her?

23

Which of the following is correct with respect to RICO?

24

An adversary system of justice is one in which:

25

The term ______ refers to the fact that an agreement is so unfair that it is void of conscience.

26

The principal is bound by the agent’s unauthorized act, unless the principal negates it.

27

Acts may be designed as crimes by either the federal or state governments

28

If the Equal Employment Opportunity Commission (EEOC) chooses not to bring suit, it issues a(n) ________ to the complainant

29

ACME, Inc is a software producer that entered into a verbal agreement with XYZ Corporation wherein XYZ agreed to buy ACME's newly developed software. The agreement also provided that ACME would supply training personnel, as well as technical personnel, to work with XYZ employees in installing and learning the software. What law governs this agreement?

30

________ occurs when a manufacturer sells its products in a foreign country for less than their normal value.

31

An enabling statute is a(n):

32

When a lawsuit involves title to real property, what venue usually governs?

33

Which of the following is NOT a purpose of federal securities regulation?

34

A person entitled to receive money may generally assign that right to another person

35

In the majority of states, debtors may use only federal, not state, exemptions to exempt certain property from the bankruptcy.

36

5. The Defend Trade Secrets Act (DTSA) contains the same basic elements of state trade secret law, but it is intended to provide some more consistent nationwide protection as a federal statute.

37

Which of the following statements is true of the liability of primary parties?

38

Wholesome Bread, Inc advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct:

39

Employers who do not accommodate the needs of persons with disabili-ties must demonstrate that the accommodations would cause undue hardship.

40

When a court orders someone not to do something, this is known as:

41

The Internal Revenue Service’s “Check the Box” regulations make it possible for

42

Registration of a prospectus for a new stock offering becomes effective:

43

When an anticipatory repudiation of a contract occurs, the non-breaching party may do any of the following except: A) do nothing and wait for performance per the contract

44

A principal's intent to ratify a contract:

45

To establish an agency relationship:

46

An effective sexual harassment program is one that is orally communicated to the employees.

47

In community property states, its principles are applicable only if both spouses are employed

48

Certain homeowner's disclosures must be given to buyers if membership in the association is required. All of the following must be disclosed in the sales contract, EXCEPT:

49

The alter-ego theory is applied when a corporation is so dominated and controlled by an individual or group that the separate identities of the person (or the group) and the corporation are no longer distinct

50

________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault

51

Article 9 of the UCC governs financing transactions involving security interests in real property

52

Delilah files a petition in bankruptcy. The proceeding is governed by the Bankruptcy Code, which is part of

53

[Smelly Lake] Emilio, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake, resulting in harm to his property and causing horrible odors. No one swims in the lake anymore. He calls a company official, Sean, who tells him to mind his own business. Sean tells him that the state has no authority, that federal investigators do not have time for Emilio's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail. Sean just laughs.Regarding Sean's statement that the state had no authority over any pollution for which his company was responsible, which of the following is

54

Which of the following is a civil tort involving numerous plaintiffs against one or few defendants?

55

assignor

56

Jimenez is an emergency medical technician. Medical personnel such as Jimenez are pro¬hibited by state statute from working more than a certain num-ber of consecutive hours. One month, Jimenez works more than the legal limit. Jimenez can recover for

57

Confiscation occurs when a government seizes a privately owned business for a proper public purpose and awards just compensation

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Quiz Mark 5. Business - Business Law

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