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250 terms

BL Final

STUDY
PLAY
True or false?
A federal law that conflicts with the U.S. constitution will be deemed
TRUE
T or F
A state law that conflicts with the U.S. constitution will be deemed unconstitutional
TRUE
Appeals to the Supreme Court must come via Writ of Certiorari and the Supreme Court judges have the discretion to determine which courses they want to hear.. Each year the judges hear a little more than 100 cases. T OR F?
False The US. Supreme Court hear fewer or less than 100 cases per year
Federal agency regulations take precedence over conflicting state agency regulations. T or F?
True.
The U.S. Constitution is the supreme law of the United States. T or F?
True
The United Supreme Court is the only court expressly created in the U.S. Constitution under Article II Section 1.
False it is Article III Section 1
A right can exist
only if there is a corresponding duty
Sheriff Jane desires to search your home. What law requires that the sheriff obtain a search warrant?
The Fourth Amendment of the United States Constitution.
Statutes that are drafted from the Uniform State Laws are often used to regulate..
Business
Original Jurisdiction Courts are generally what type of courts?
Appellate
The types of civil cases that can be brought in federal district court include...
cases between citizens of different states....
State supreme courts primarily have what type of jurisdiction?
appellate
Voir Dire examiniation is used in connection with
jury selection
Gail is a resident of New Hampshire. While working in the state of Vermont, Gail enters into a contract with Heather, a resident of Vermont. Gail breaches the contract, Heather files a suit against Gail in Vermont. Regarding the courts power over Gail, Vermont can...
exercise in personam jurisdiction ..Under conflicts of law jurisdiction in personam provides the court uthority over the person where a contract was initiated. In this case Gail entered into the contract in the state of Vermont. Thus, Vermont maintains jurisdiction over Gail even though her domicile is in New Hampshire.
Rad Television aired a show entitled "Do It Yourself." This program instructed the viewing audience on how to manufacture certain illegal drugs and where to buy the necessary ingredients. Rad Television was notified that it was being charged with violation of a regulation of the FCC, a federal agency. What type of law was Rad Television charged with violating?
Administrative law
Beth a resident of California is suing Natasha, a resident of Alabama, for $90,000. Beth is suing for defamation (state law). Would a federal district court have jurisdiction to decide this case?
Yes. A federal district court would have jurisdiction because Beth and Natasha are residents of different states and the case and controversy involves $75,000 or more.
How judges apply the law to specific disputes may depend in part on their personal philosophical views.
true...The method judges use to apply the law to specific disputes may depend in part on their personal philosophical views.
Simply obeying the law does not fulfill all ethical obligations.
true
Ignorance of the law will always excuse a buinsess from liability for violation of that law.
false
Federal statutes apply to all states
true
Jill is an appellate court judge. In this capaciaty, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by:
that court and courts of a lower rank
To Pete, the written law of a particular society at a particular time is most significant. Pete is
a legal positivist
In Nebraska, the highest-ranking (superior) law is
a provision in the nebraska constitution
Georgia enacts a state law that violates the U.S. Constitution. This law
cannot be enforced
25.
If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution
the US constitution takes precedence
Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of
administrative regulations, constitutional provisions, and statutes.
Civil law is concerned with disputes between persons and
other persons and between citizens and their governments.
In business negotiations, Cleo, the chief executive officer of Design Associates, Inc., follows "The Golden Rule," which
mandates compassionate treatment of others in all situations.
The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in
whether a case is being heard for the first time.
In business negotiations, Cleo, the chief executive officer of Design Associates, Inc., follows "The Golden Rule," which
mandates compassionate treatment of others in all situations.
The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in
whether a case is being heard for the first time.
Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a Consumer Goods product, files a suit against the firm, alleging that its products are defective. The firm could ask for dismissal of the suit on the basis that Tina does not have
standing
Judges use precedent when deciding a case in a common law legal system. t or f?
true
How judges apply the law to specific disputes may depend in part on their personal philosophical views. t or f?
true
Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. t or f?
true
Accountants are not subject to criminal penalties for violations of the Internal Revenue Code. t or f?
false
Doing substantial business in a jurisdiction exclusively over the Internet is not enough to support jurisdiction over an out-of-state defendant. t or f?
false
An answer can deny the allegations made in a complaint. t or f?
true
A rural judge wants to be hard on crime. Mary jay walked and was told by her lawyer that she would only get a fine. The judge now says that he does not feel that is good enough and belives jay walking is very dangerous he says 3 days in jail should help her make better choices. This judge's school of thought would be under the natural law tradition t or f?
false
The president of the United States can make laws. t or f?
false
Only members of Congress can make laws .. t or f?
true
Under Article 1 in the U.S. Constitution the President of the Unite States has the authority to raise your taxes. t or f?
false
Article IV of the Constituion provides citizens of different states to be allowed to practice their professions, obtain licensure, pursue their business and happiniess. t or f?
true
The 13th amendment allows individuals to privately sue for racial discrimination. t or f?
true
Under Article 1 Section 7 even if the President of the U.S. vetos a bill it may still become a law. t or f?
true
Theoretically, the power over commerece authorizes the national government to regulate every commercial enterprise in the United States. t or f?
true
Microsoft corporation was was accused of a violation of the Sherman Anti Trust Act called Tying. t or f?
true
According to Judge Daniels price fixing is a crime whether its committed in a grocery store or in the halls of an acution house. t or f?
true
States Probate Courts are also known as courts of limited/special jurisdiction. t or f?
true
Mailing drugs to a friend would be considered a case for a state court system.t or f?
false...mailing an illegal substance is a federal offense..
The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime. t or f?
false
Only the government prosecutes criminal defendants. t or f?
true
Criminal liability does not depend on the commission or omission of an act. t or f?
false
Stealing computer time is not a crime. t or f?
false
Embezzlement can be committed only by physically taking property from the possession of another. t or f?
false
A bribe must consist of money to be a crime. t or f?
false
Under federal law, financial institutions must report transactions in excess of $10,000. t or f?
true
A mistake of fact can be a defense to criminal liability. t or f?
true
All evidence obtained in violation of the Fourth, Fifth, and Sixth Amendments normally must be excluded from a criminal trial. t or f?
true
A suspect who is informed of her right to remain silent is automatically protected from having her confession entered as evidence against her. t or f?
false
The higher burden of proof in criminal cases reflects a fundamental social value--that it is worse to convict an innocent individual than to let a guilty person go free. t or f?
true
Gail is a private lender who is charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is
beyond a reasonable doubt
Earl, driving while intoxicated, causes a car accident that results in the death of Frank. Earl is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for more than
one year
Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to
one year
Adam is charged with the commission of a crime. To find criminal liability, most crimes require
a specified state of mind and the performance of a prohibited act.
Ben wrongfully takes an unopened carton from a City Warehouse loading dock, puts the carton in his car, and drives away. A person who wrongfully or fraudulently takes and carries away another's personal property is guilty of
larceny
Jack receives an MP3 player stolen from Kate. To be criminally liable, Jack must know or should have known
only that the player is stolen
Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is
forgery
Doug gains access to government records and alters certain dates and amounts in his favor. This is
forgery
Eve, a First Bank employee, deposits into her account checks that are given to her by bank customers to deposit into their accounts. This is
embezzlement
For Carla's solicitation of investors in a nonexistent business, she is charged with mail fraud. This requires
a scheme to defraud and the use of the mail system
Bill offers Carol, a building inspector, money to overlook the violations in his new warehouse. Carol accepts the money and overlooks the violations. The crime of bribery occurred when
bill offered a bribe
Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include
closing down a business, forfeiting its assets, or selling it.
Don, a businessperson, is charged with RICO offenses. Don may be subject to penalties under RICO only if he
committed two or more certain federal or state crimes.
Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to
appreciate the wrongfulness of his conduct or obey the law.
Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob's bail, as required by a state statute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except
trying someone for a criminal offense.
The police arrest Lou, who confesses to a crime. Later, Lou refutes the confession and demands a trial, at which witnesses testify they saw him commit the crime. Lou is convicted and sentenced. The U.S. Constitution provides safeguards against all of the following except
punishment.
Harry, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Harry must be informed of his right to
remain silent
Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for:
negligence
A shopkeeper may lose the privilege afforded shopkeepers who detain a customer if:
the customer is kept an unreasonable amount of time
John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:
infliction of emotional distress
Which of the following is a defense to defamation?
truth
Defamation consisting of the publication or communication of false, spoken words is termed:
slander
Maria intentionally attempts to have Patty break a contract Patty has with Alfred. Maria will be liable under which theory of tort?
wrongful interference with a contact
The degree of care required of a person is:
that which an ordinarily prudent person would exercise under similar circumstances.
Professionals have a duty to perform their jobs at the level of
a reasonable professional in the same business.
Comparative negligence:
allows a comparison of negligence between plaintiff and defendant
If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?
contributory
What defenses exist for strict liability?
few, if any
What areas of law are covered within "Cyberlaw"?
Tort, contract, and constitutional.
Maria and Barb are competing for head cheerleader. With intent to cause emotional harm to Maria, Barb repeatedly made terrible, harassing, and obscene phone calls to Maria. Maria was so frightened by the calls that she suffered a nervous breakdown requiring her to be hospitalized. Under these facts:
Maria can sue Barb for the tort of intentional infliction of emotional distress.
In order to establish the tort of false imprisonment, a person must show imprisonment for:
any amount of time
Mary purchases the boot leg DVD to her favorite movie while getting her hair done. Mary has committed the crime of larceny. t or f?
true
Mary does not need to know the identity of the owner of the boot leg DVD she purchased or the name of the person (theif) who sold it to her in the salon to be guilty of larceny. t or f?
true
Going to the store and writing a check knowing that you do not have the funds in the bank to cover the check may be grounds for a criminal charge of larceny. t or f?
true
If Tyson waks off with Mary's briefcase he may not be guiltybecause there was no theft, but can he be charged with a civil tort? yes or no?
yes
If John is using his lawnmower and is injured by a manufacturer defect and then his cousin using the same lawnmower is injured can both gentlemen sue the manufacturer of the lawnmower? yes or no?
yes
A baby food company that says its ingredients are all natural when they are actually loaded with additives may be liable for fraud under negligence in tort law. t or f?
true
A core requirement for strict product liability is that the product must be in a defective condition when the manufacturer sold it. t or f?
true
A company who creates rat poison that looks like candy may be liable under the product liability doctrine if it were foreseeable that a child would think the poison was candy, potential of harm of consumption, the availablity of an alternative design, as well as if the harm was preventable. t or f?
true
An offer may be made only to a specific person. t or f?
false
A voidable contract is one that is otherwise valid but may be rejected or set aside by one of the parties t or f?
false
A contract never can be both executory and executed. t or f?
false
An option contract gives one of the parties an absolute right to enter into a second contract at a later date.t or f?
true
The principle behind the quasi contract is to prevent unjust enrichment. t or f?
true
To create an offer, an offeror must intend, or it must appear that the offeror intends, to be bound to a contractual relationship. t or f?
true
In most cases, a merchant offeree may ignore any offer without fear of acceptance of the offeror's offer. t or f?
false
An acceptance must be absolute and unconditional. t or f?
true
The addition of any new terms in the acceptance, including terms that relate to mere clerical detail, converts the acceptance into a counteroffer. t or f?
false
A properly mailed acceptance takes effect when mailed, even if it never is received by the offeror. t or f?
true
The "necessaries" of minors are concisely defined by law. t or f?
false
Parents are liable for contracts signed by their minor children if the terms are reasonable. t or f?
false
Past benefits already received by a promisor cannot be consideration for a later promise. t or f?
true
Consideration is required to modify a contract for the sale of goods. t or f?
false
The doctrine of promissory estoppel cannot be applied if there is no consideration for the promise which was relied upon. t or f?
false
A novation is a substitution of a new contract involving a third party. t or f?
true
A rescinding party must restore the other party to that party's original position.t or f?
true
An express warranty is basically any statement of fact or promise made about the goods that becomes part of the basis of the bargain. t or f?
true
When a buyer makes a purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose exists. t or f?
true
A merchant has greater warranty liability than does a casual seller. t or f?
true
The elements of a contract include all of the following except:
an illegal purpose
To have a contract you must have:
both an offer and an acceptance
A contract under which one or both parties have not yet fully performed is termed a(n):
an executory contract.
An offer of a reward for the arrest and conviction of a criminal is an example of:
a unitlateral contract.
A customer went into a store and saw a beautiful leather jacket bearing a price tag of $29. The customer handed the cashier a $50.00 bill and said, "I accept. We have a deal." The cashier then noticed the price tag and told the customer an error had been made and that the price was $229. In this case:
no contract was formed because the customers offer was refused
A counteroffer is a(n):
a rejection of the original offer
A said to B, "I'll give you $100 for that bracelet." B replied, "$135." A said, "NO thanks." B then said that B accepted the $100, but A was no longer interested and said there was no contract. B insists there is a contract. Result?
B's counteroffer of $135 terminated A's offer of $100.
If no termination date is specified for an offer, the offer will remain open:
for a reasonable time
If an offeree dies before the offer has been accepted, the offer
is automaticaly revoked by the death of the offeree
When an offer has been accepted:
a binding agreement is probably formed
A young woman received an unordered diamond ring in the mail along with a bill for $850. She called the store and was told it was a sales promotion and she should pay for the ring or return it. She said, "Thank you for the free ring." The young woman kept the ring, did not pay, and was sued. Result?
the young woman may keep the ring without liablility
An acceptance made in a telegram that never is delivered to the offeror:
is effective as an acceptance at the time that it is given by the offeree to the telegraph office for sending to the offeror.
A minor cannot avoid a contract to purchase a car if the:
minor is able to return the car but does not do so.
A person lacks contractual capacity if:
because of mental impairment, the person does not comprehend that a contract is being made or understand its consequences.
In which of the following cases is a contract between A and B binding?
A makes a mistake of material fact.
Jack sells Jim a used car that Jack falsely described as having been driven only 12,000 miles. Fraud has occurred if:
Jim relied upon Jack's statement.
In a unilateral contract, the consideration for the promise is:
the doing of the act called for by the promisor.
Which of the following can be consideration for a promise?
refraining from smoking cigarettes
Consideration is not required in:
agreements to modify contracts for the sale of goods.
Which of the following statements made by the seller probably will not form an express warranty?
"This looks beautiful on you."
The warranty of merchantability guarantees that the:
product is fit for its normal use at the time of the sale.
If an offeree accepts an offer before it is effectively revoked:
a valid contract is formed
Inadequacy of consideration may be evidence of:
A) the exercise of undue influence.
B) taking advantage of the condition of the other party.
C) unconscionability.

answer :all of the above.
Ordinarily, a promise to perform an existing legal obligation is:
not consideration
In most cases, a merchant offeree may ignore any offer by another merchant
false
Julie wants to purchase a violin for her audition with the Miami Orchestra. She goes to Ms. Mabels house of violins in her home town to purchase a new violin. When she enters the store Ms. Mable greets and tells Julie that the "A Core" violin will work "just fine" for her debut and is on sale today for $152.00. Julie goes to her audition and the Director of the Miami Orchestra tells her that the Miami O. is a professional orchestra and why did she come to her audition with a "child like" violin. He tells Julie she is apparently not ready for the Miami Orchestra and tells her to leave. Julie in tears calls her dad and tells him what is happening and he immediately files a complaint against Ms. Mable for Implied Warrent of Merchantability.
false
The Merchants Firm Offer Rule is irrevocable when a customer provides consideration for the purchase. t or f?
false
Denise is purchasing a flat screen plasma television from Ellie for $523.00. Ellie is in a hurry and does not have time to write a receipt. If Denise has reason to file a claim against Ellie will she be successful? y or n?
no
Intent is the first thing you should consider when determining if an offer to contract has been initiated. t or f?
true
A merchant that receives non-conforming goods has the right to accept the goods, return the goods and ask to keep the goods until a reasonable time.t or f?
false... keep the conforming goods and return the goods that do not conform. This is the Perfect Tender Rule.
In Coca-Cola Co. v. The Koke Co. of America, the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke." t or f?
true
A generic term is not protected under trademark law unless it acquires a secondary meaning t or f?
false
Trade dress can qualify for trademark protection if customers associate it with the product. t or f?
true
In the United States, a patent is given to the first person to invent a product or process, even though someone else may have been the first to file for the patent.t or f?
true
It is not possible to copyright an idea. t or f?
true
In a sole proprietorship, the owner receives all of the risk. t or f?
true
A sole proprietorship's income is taxed as the firm's profits, not as the owner's personal income. t or f?
false
A general partner is personally liable for partnership debts if the firm cannot pay its creditors. t or f?
true
In a limited partnership, the liability of a general partner is limited to the amount of capital he or she has invested in the partnership. t or f?
false
A partnership is never considered a legal entity apart from its owners. t or f?
false
A famous mark may be diluted by the use of a similar mark if it reduces the value of the famous mark. t or f?
true
Invented words such as Kodak are considered distinctive marks. t or f?
true; Kodak is a fanciful trade mark because it is an invented word
The domain name Una.edu the abbreviation edu is a top level domain. t or f?
true
Trade secrets involve no filing requirements. t or f?
true
Rebecca and Prince, purchase a bed and breakfast together, open joint bank accounts for paying expenses and purchasing supplies, as well as they share net profits generated by the local B&B. Does a partnership exist? yes or no?
no; a partnership requires the sharing of profits and losses
In a partnership decisions made that are outside the normal course of business of the kind the partnership business manages requires a majority vote. y or n?
no; Decisons that are not apparenty for carrying on the ordinary course of the partnership business requires the unanimous consent of the partners.
Partners may be sued jointly and severally. t or f?
t
Jill develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual to be included with each final product. Jill could obtain trademark protection for
the name only
Original, Inc., sells its product under the name "Phido." Quik Corporation begins to market an identical product under the name "Fido." This is
trademark infringement
AAA Cola features Best Cola's trademark without its owner's permission. Cartel Company does not make or bottle AAA Cola, but distributes and sells it. Dian buys a bottle of AAA Cola. The mark has been infringed by
AAA
Copycat, Inc., copies Original Cookies Corporation's trademark to a substantial degree and uses the copy on Copycat's goods. Lookalike Products Company uses Original's mark in its entirety on Lookalike's goods. Neither Copycat nor Lookalike have Original's permission to use the mark. The mark is infringed by
both Copycat and Lookalike.
Finest Products Company and Great Goods, Inc., use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Finest and Great are not in business together and do not own this mark. The mark is
a certification mark
Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image and overall appearance is
trade dress
Delite Toys, Inc., makes EZ Goo, a children's toy. Without Delite's consent, Fastick Company begins to use "ezgoo" as part of the URL for Fastick's Web site. Fastick claims that no consumer would confuse the Web site with the toy. Fastick has committed
trade dilution
Phil invents new Web site design software and applies for a patent. If Phil is granted a patent, his invention will be protected
for twenty years
Abel, Inc., copies Baker Corporation's patented invention to a substantial degree. Abel sells it as its own invention to Charlie Company, without Baker's permission. Baker's patent is infringed by
abel only
Ellen publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Great Racecar Drivers without his permission. Ellen's use of the chapter is actionable
regardless of whether consumers are confused or Ellen and Frank are competitors.
Mike copies Nora's book, One for the Money, to a substantial degree and sells it to Peak Editions, Inc., without Nora's permission. Peak publishes it under Mike's name. Nora's copyright is infringed by
mike and peak
Abby and Ben copy and exchange MP3 music files over the Internet without anyone's permission. With respect to songs owned by Charter Recording Company, this is
copyright infringement
Mary, Nick, and Owen want to form a limited partnership to manage MN&O Services. A limited partnership must have at least
one general partner and one limited partner
Lee is a limited partner in Metro Contractors, a limited partnership, which cannot pay its debts. Lee is personally liable for the debts
to the extent of his capital contribution
Nina is considering forms of business organization for her construction-equipment business. For purposes of owning property and being a party to litigation, forms that are legal entities separate from their owners include
corporation and limited liabitlity companies.
Quad-State Sales, LLC, is a limited liability company. Rona, a Quad-State salesperson, is in an accident in South Dakota with Tim, a citizen of Montana. Tim files a suit against Quad-State in a federal district court. For purposes of federal court jurisdiction, the citizenship of the firm is the same as the citizenship of
Quad-State's members.
Jay is a member of Kappa, LLC, a limited liability company. Jay is liable for Kappa's debts
to the extent of his capital contribution
Kris is a member of Liberty Services, LLC, a limited liability company. Kris can participate in the firm's management
to any extent
Which of the following statements made by the seller probably will not form an express warranty
"this looks beautiful on you"
Past benefits already received by a promisor cannot be consideration for a later promise. t or f?
true
An express warranty is basically any statement of fact or promise made about the goods that becomes part of the basis of the bargain. t or f?
true
When a buyer makes a purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose exists. true or false?
true
A merchant has greater warranty liability than does a casual seller. t or f?
true
An express warranty is basically any statement of fact or promise made about the goods that becomes part of the basis of the bargain. t or f?
true
When a buyer makes a purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose exists. t or f?
true
A merchant has greater warranty liability than does a casual seller. t or f?
true
Which of the following statements made by the seller probably will not form an express warranty?
"this looks beautiful on you"
The warranty of merchantability guarantees that the:
product is fit for its normal use at the time of the sale.
In most cases, a merchant offeree may ignore any offer by another merchant. t or f?
false
Julie wants to purchase a violin for her audition with the Miami Orchestra. She goes to Ms. Mabels house of violins in her home town to purchase a new violin. When she enters the store Ms. Mable greets and tells Julie that the "A Core" violin will work "just fine" for her debut and is on sale today for $152.00. Julie goes to her audition and the Director of the Miami Orchestra tells her that the Miami O. is a professional orchestra and why did she come to her audition with a "child like" violin. He tells Julie she is apparently not ready for the Miami Orchestra and tells her to leave. Julie in tears calls her dad and tells him what is happening and he immediately files a complaint against Ms. Mable for Implied Warrent of Merchantability.t or f?
false
ise is purchasing a flat screen plasma television from Ellie for $523.00. Ellie is in a hurry and does not have time to write a receipt. If Denise has reason to file a claim against Ellie will she be successful? y or n?
no
Intent is the first thing you should consider when determining if an offer to contract has been initiated t or f?
true
A merchant that receives non-conforming goods has the right to accept the goods, return the goods and ask to keep the goods until a reasonable time. t or f?
false; keep the conforming goods and return the goods that do not conform. This is the Perfect Tender Rule.
An employee may not act at the capacity of an angent. t or f?
false
an angency relationship can be formed only in writing
false
A principal can ratify an agreement made without authorization on his or her behalf by one who is not his or her agent. t or f?
true
An agency relationship is a fiduciary relationship t or f?
true
An agent must maintain separate accounts for the principal's funds and the agent's personal funds. t or f ?
true
A disclosed principal is one whose identity is known by a third party with whom a contract is made. t or f?
true
An undisclosed principal is one whose existence is known, but whose specific identity is not known, by a third party with whom a contract is made. t or f?
false
An undisclosed principal is liable to a third party for contracts made by the agent acting outside the scope of his or her authority. t or f?
false
An undisclosed principal is liable to a third party for contracts made by the agent acting within the scope of his or her authority. t or f?
true
Under federal law, employers can monitor employees' personal communications without the employees' consent. t or f?
False
An employer can require an employee to take a lie-detector test when investigating losses attributable to theft. t or f?
True
Drug testing by private employers is not permitted t or f?
false
Some state laws restrict AIDS testing t or f?
true
The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of education. t or f?
true
The Civil Rights Act of 1964 does not prohibit job discrimination on the basis of experience. t or f?
true
A victim of alleged discrimination must bring a suit against an employer before filing a claim with the Equal Employment Opportunity Commission t or f?
false
Disparate-impact discrimination occurs when an employer intentionally discriminates against an employee who is a member of a protected class t or f?
false
To establish a prima facie case of employment discrimination under Title VII, a plaintiff must show that discriminatory intent motivated an employer's decision t or f?
false
To bring an action against an employer based on intentional discrimination, a person must show that he or she is a member of a protected class t or f?
true
An employer may treat a female employee affected by pregnancy in the same manner as any temporarily disabled employee t or f?
true
An employer is not liable for a Title VII violation by a non-employee. t or f?
false
Damages are not available for victims of intentional employment discrimination based on religion t or f?
false
Damages are available for victims of intentional employment discrimination based on gender t or f?
true
The Age Discrimination in Employment Act of 1967 prohibits employment discrimination against persons older than twenty-one years of age t or f?
false
A small difference in job content can justify higher pay for one gender t or f?
false
To establish a prima facie case under the Age Discrimination in Employment Act of 1967, a plaintiff must show that discriminatory intent motivated an employer's decision t or f?
false
The Americans with Disabilities Act of 1990 does not require that unqualified applicants with disabilities be hired t or f?
true
Gender can be a bona fide occupational qualification t or f?
true
An employer who hires and fires workers according to a fair seniority system may have a good defense to an employment discrimination suit. t or f?
true
Race can be a bona fide occupational qualification t or f?
false
Organizations with 15 employees or under may strictly follow a state's at will employment procedures t or f?
false
The rule of "four-fifths says that a selection rate for the group with the highest rate will generally be perceived as evidence of disparate impact. t or f?
true
An employer may not refuse to support an employee's religious belief because they are unfamilar with the particular church. The only requirement is that the employee's belief is sincerely held by the employee t or f?
true
Cafe Dining, Inc., employs one hundred workers at three locations in two states. Under the Family and Medical Leave Act of 1993, Cafe must provide its employees, during any twelve-month period, family or medical leave of up to
twelve weeks
First National Bank may subject its employees to lie-detector tests when investigating
losses attributable to theft
Security Guards, Inc. (SGI), is a security service firm. SGI may subject its employees to
drug tests and lie detector tests
Lee is seventy years old and Mira is gay. Based on this information, members of protected classes include
lee only
Nick is a registered Democrat and Opal has AIDS. Based on this information, members of protected classes include
opal only
AAA Personnel, Inc., discharges Barb, who feels the discharge is due to her religious beliefs. She decides to file an employment-discrimination suit against AAA. She should contact the Equal Employment Opportunity Commission
before filing the suit
Cody believes that Delta Corporation has discriminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a prima facie case of employment discrimination, Cody must show that
cody is a member of a protected class.
Elin, an agent for First Credit Corporation (FC), enters into an unauthorized contract with Great Expectations, Inc. (GE), purportedly on FC's behalf. This contract will be enforceable if it is ratified by
FC
Standard Company denies a promotion to Tony, a member of a minority, when he fails to pass a required test. Few members of minorities have passed the test. The number of promoted employees who are members of minorities does not reflect their percentage in the local labor market. In a suit against Standard, if Tony can show a connection between the test and the number of promoted minority members,
no evidence of discrminatory intent is necessary
Holly files an employment, gender-based discrimination suit against Imperial Corporation under Title VII, on a disparate-impact theory. To succeed, Holly must show that Imperial hires fewer women than the percentage of
qualified women in the local market.
Ken, who is Hispanic, applies for a job at Local Plant, Inc. The interviewer says that Local Plant does not hire Hispanics. This is
impermissible discrimination on the basis of race.
Karen, manager of Liberty Service Company's office in Metro City, decides to replace the office's male employees with females. Nina, an assistant manager transferred from a different Liberty office, refuses to cooperate. Karen retaliates against Nina, who quits. Within a year, all of the male employees also quit.
title vII of the civil rights.
Kay is a salesperson for Liberty Financial Corporation. Mac is also a Liberty salesperson. Neil is Kay and Mac's supervisor. Owen is a Liberty customer. Liberty may be liable for sexual harassment to Kay by
mac, neil, or owen
Jill introduces Kelly to her friends as "my associate." Kelly purports to act as Jill's agent in several business transactions with those friends. If Jill is liable for Kelly's actions, it will be under
the doctrine of estoppel
Auto Repair Shop does not take any action to prevent sexual harassment of its employees. Auto Repair may be liable for such harassment by
a customer or an employee
Mona files an employment discrimination suit against Nationwide Corporation (NC) under Title VII. If Mona shows that NC acted with malice or reckless indifference, she may recover
compensatory or punitive damage.
Employees have the right to discuss how salaries and other related work place conditions. t or f?
true