12 May WHICH OF THE FOLLOWING STATEMENTS IS TRUE OF THE WARN ACT?
Which of the following is true of
the use of alternative dispute resolution (ADR)
techniques?
Disputing
parties cannot use an ADR technique not specified in the original agreement.
ADR techniques
are ineffective once the pretrial process has begun.
Disputing
parties can agree to use an ADR technique after the dispute arises.
Disputing
parties must begin a lawsuit to use any form of ADR.
?A
9-1-1 emergency response service needs operators who are bilingual in English
and Spanish. A few applicants of Spanish origin are rejected due to poor
English-speaking skills. They file a complaint on the grounds of discrimination
based on nationality. Their complaint is squashed. Here, the defense of the
federal government is on the grounds of__________.
circumstantial
evidence
inculpatory
evidence
exclusionary
rule
bona fide
occupational qualifications
Fred takes Betty to dinner at a very
expensive and exclusive restaurant. The menu does not mention prices. The
server takes their order and both Betty and Fred enjoyed the meal immensely.
When the bill comes, Fred refuses to pay because the menu had no prices and
because he and the server never engaged in language indicating an offer and
acceptance. The server said, Are you ready to order? and when Fred said
Yes, the server merely asked, What may I get you tonight?
Fred must pay
based on an implied-in-fact contract theory.
Fred is correct
because no contract was formed.
Fred must pay
based on expressed contract theory.
Fred must pay
based on a promissory estoppel theory.
The ideas and philosophies that
explain the origin of law and its justification are called _____________.
stare decisis
rule of law
?jurisprudence
torts
Finishing the construction of a home
two days after the contract called for completion (no injury occurs) most
likely will be considered__________.
breach of
contract
implied
performance
significant
performance
substantial
performance
The crucial issue with the continuity
factor of a businesss organizational form is__________.
the method by
which the business can be dissolved
management
style
profit
distribution
the method of
customer service observed
The determination that a crime has
been committed and that evidence is sufficient to warrant the accuseds
standing trial is known
as __________.
probable cause
nolo contendere
indictment
double jeopardy
Ethical formalists maintain that__________
harm to an
individual is allowable as long as it serves a greater good.
values are
situational and change based on circumstance.
the good of the
many always supersedes the good of the few.
harm to
individual rights is never justified by an increase in organizational or common
good.
An employee at-will can be fired
for____________.
taking time off
from work to serve on jury duty after the boss asked the employee to request a
waiver
making public
the fact that the employer was cheating the government on a defense contract
taking time off
from work to care for a dependent without informing the employer
making public
statements about the hazardous working conditions in a company
?Interpreting
Congressional intent, which of the following is never a bona fide occupational
qualification (BFOQ)?
Sex
Religion
Race
National origin
Hillward Bakers has been using a
blue HB logo with a bakers hat on the HB since their inception ten years ago.
Hobart Bakers, a newly opened bakery and confectionary chain, has used the same
logo. Hillward has not registered its logo, but it chooses to sue Hobart
anyway. Which of the following is true of this case?
Hobart can
defend that Hillward created something that lacks utility and cannot be
trademarked.
Hillward can
sue Hobart since the logo has been used by Hillward and is associated with it.
Hillward cannot
sue Hobart since the logo has not been registered as a trademark.
Hillward cannot
sue Hobart because logos cannot be patented or trademarked.
Interest-based negotiations are
superior to position-based negotiations because__________?interest-based negotiation requires the presence of a judge
or magistrate.the difference
between the interests of the parties are often large.interest-based
negotiations allow room for consideration of non-factual concerns, such as
relationships and long-term interests.position-based
negotiation is often only concerned with preparing for litigation.?____________
is a court created rule that limits when courts can review administrative
decisions.The doctrine of
primary jurisdictionThe doctrine of
lapseThe doctrine of
exhaustion of remediesThe doctrine of
estoppelCivil enforcement powers regarding
federal antitrust matters belong to__________.
?the Department
of Revenue and Taxationthe Treasury
Departmentthe FTC and the
Department of Justicethe Department
of Labor_____________ jurisprudence supports
the idea that law can and should change to meet new developments in society.SociologicalPositive lawHistoricalNaturalThe classification of crime is based
on__________.locationthe judges
prerogativeprior recordpunishment
imposed if convictedWhich of the following is true of
tort law? It provides
compensation to those workers who have been injured on the job.Tort law
typically deals with breach of contract.It protects
people from being tried twice for the same crime.It sets limits
on how people can act and use their resources.Frequent, abusive, threatening phone
calls by creditors are most likely to provoke the basis for a claim of
_____________. intentional
infliction of emotional distressfalse
imprisonment and malicious prosecutionmalicious
representationmisrepresentationWhich of the following states that
parties bound to a written contract may not introduce oral evidence to change
written
terms? Conditions
subsequentThe parol
evidence ruleThe statute of
fraudsConcurrent
conditionsWhich of the following is true of
violation of trade secrets rights?Unauthorized
use of anothers information constitutes as a violation of trade secrets
rights.One must
misappropriate anothers information.One must use
anothers information without permission.Stealing
anothers intellectual property violates trade secrets rights.Myra offers to sell her home to
Hanna for about $100,000 plus closing costs. Hanna accepts Myras
offer, but later, a dispute arises concerning the precise dollar amount of the
purchase price. How will a court resolve this
dispute? The court will
determine a reasonable price to be paid by Hanna.The court will
require Hanna to pay the average of her price and Myras price.The court will
declare the purchase price and terms too indefinite to create a binding
contract.The court will
appoint a licensed real estate appraiser to determine the price to be paid by
Hanna.Which of the following statements is
true of the WARN Act?requires
employers to give notice to an at will employee that he/she is being fired.It requires
employers to give notice of a scheduled mass layoff.It requires
employers to give notice to employees that an unscheduled drug test will be
conducted for all employees.It requires
employers to give notice to employees that they are being subjected to
polygraph tests.Federal law and business leaders
alike favor ____________ as a means of governing private business ethics.establishment
of federal regulators in all private companies to establish and enforce ethical
standardscreating
uniform statutes of business ethicsself-regulation
by companiesgiving the federal
government exclusive jurisdiction regarding ethics and ethics violation
enforcementThe ___________ holds that contracts
or conspiracies in restraint are illegal only if they constitute undue or
unreasonable restraints of trade and that only unreasonable attempts to
monopolize are covered by the Sherman
Act. ?Parker
v. Browndoctrinerule of reasonrules of per se
legalityduty to deal
doctrineArticle 6 of the Treaty on European
Union, called the Maastricht Treaty, states the EU is founded on:specific
performancerule of lawstare decisisprivate marketsWhich of the following issues of
administrative agencies relates to the substantive outcome of agencies
rule-making and adjudicating
authority? Enforcement of
some laws varies over time.The reward
system usually does not make a significant distinction between excellent,
mediocre, and poor performance.It is very
difficult to discharge unsatisfactory employees.The
administrative process is overwhelmed with paperwork and meetings.?Under
the regulations of interstate commerce,activities
affecting interstate commerce do not come under the power of the deferral
government.the states have
the exclusive power to commerce that passes across their lines.intrastate
activities affecting interstate commerce can be regulated only by the state
governments.regulation on
any activity is appropriate if it aids interstate commerce.Which of the following is true of
the assumption of risks during delivery of goods?The seller is
liable for any damages incurred to the goods during shipment.The seller is
always responsible for shipping the goods to the buyer.The buyer is
responsible for damages to goods when the seller is about to transfer for
shipment.The buyer is
liable for any damages incurred to the goods during shipment.In a(n) ___________, the shareholders
are taxed only on income
distributed. corporationlimited
liability companysole
proprietorshiplimited
partnershipWhich of the following is true in
cases where only one party drafts the contracts that contain terms that appear
vague and ambiguous to the other party?The court will
interpret the ambiguous and vague terms against the party that drafts them.The court will
reject the non-drafting partys attempt to reinterpret the terms after the
contract has been signed.The court will
interpret the terms as they mean in the common language.The court will
declare the drafting partys behavior as a tort due to intentional ambiguity of
terms.Which of the following is true of
the use of alternative dispute resolution (ADR)
techniques? Disputing
parties cannot use an ADR technique not specified in the original agreement.ADR techniques
are ineffective once the pretrial process has begun.Disputing
parties can agree to use an ADR technique after the dispute arises.Disputing
parties must begin a lawsuit to use any form of ADR.?A
9-1-1 emergency response service needs operators who are bilingual in English
and Spanish. A few applicants of Spanish origin are rejected due to poor
English-speaking skills. They file a complaint on the grounds of discrimination
based on nationality. Their complaint is squashed. Here, the defense of the
federal government is on the grounds of__________.circumstantial
evidenceinculpatory
evidenceexclusionary
rulebona fide
occupational qualificationsFred takes Betty to dinner at a very
expensive and exclusive restaurant. The menu does not mention prices. The
server takes their order and both Betty and Fred enjoyed the meal immensely.
When the bill comes, Fred refuses to pay because the menu had no prices and
because he and the server never engaged in language indicating an offer and
acceptance. The server said, Are you ready to order? and when Fred said
Yes, the server merely asked, What may I get you tonight?Fred must pay
based on an implied-in-fact contract theory.Fred is correct
because no contract was formed.Fred must pay
based on expressed contract theory.Fred must pay
based on a promissory estoppel theory.The ideas and philosophies that
explain the origin of law and its justification are called _____________.stare decisisrule of law?jurisprudencetortsFinishing the construction of a home
two days after the contract called for completion (no injury occurs) most
likely will be considered__________.
breach of
contractimplied
performancesignificant
performancesubstantial
performanceThe crucial issue with the continuity
factor of a businesss organizational form is__________.the method by
which the business can be dissolvedmanagement
styleprofit
distributionthe method of
customer service observedThe determination that a crime has
been committed and that evidence is sufficient to warrant the accuseds
standing trial is known
as __________.
probable causenolo contendereindictmentdouble jeopardyEthical formalists maintain that__________harm to an
individual is allowable as long as it serves a greater good.values are
situational and change based on circumstance.the good of the
many always supersedes the good of the few.harm to
individual rights is never justified by an increase in organizational or common
good.An employee at-will can be fired
for____________.
taking time off
from work to serve on jury duty after the boss asked the employee to request a
waivermaking public
the fact that the employer was cheating the government on a defense contracttaking time off
from work to care for a dependent without informing the employermaking public
statements about the hazardous working conditions in a company?Interpreting
Congressional intent, which of the following is never a bona fide occupational
qualification (BFOQ)?
SexReligionRaceNational originHillward Bakers has been using a
blue HB logo with a bakers hat on the HB since their inception ten years ago.
Hobart Bakers, a newly opened bakery and confectionary chain, has used the same
logo. Hillward has not registered its logo, but it chooses to sue Hobart
anyway. Which of the following is true of this case? Hobart can
defend that Hillward created something that lacks utility and cannot be
trademarked.Hillward can
sue Hobart since the logo has been used by Hillward and is associated with it.Hillward cannot
sue Hobart since the logo has not been registered as a trademark.Hillward cannot
sue Hobart because logos cannot be patented or trademarked.
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