1) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the\u00a0\t\tparties is called\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 negotiation\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 settlement conference\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 conciliation\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 arbitration\t\u00a0\u00a0 \u00a0\t2) The Federal Trade Commission is an example of\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 a federal agency created by the federal government\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 a corporation subsidized by the federal government\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 a branch of the U.S. Supreme Court\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 a temporary commission created by executive order that has become permanent\t\u00a0\u00a0 \u00a0\t3) A corporation is considered a citizen of what state?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 The state where the majority of the employees live\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 It is not a citizen because it is a business\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The state where it filed its Articles of Incorporation\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 The state where the president of the corporation lives\t\u00a0\u00a0 \u00a0\t4) The Federal False Claims Act is also known as\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 the Sarbanes-Oxley Act\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 the Whistleblower Statute\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 the Statute of Frauds\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 the Statute of Limitations\t\u00a0\u00a0 \u00a0\t5) Utilitarianism is a moral theory, which states\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 ethics requires a decision-maker to take actions which result in the greatest good to society\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 ethics requires following the Golden Rule (do unto others as you would have them do unto you)\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 ethics requires actions which use the most efficient tools\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 ethics requires acting according to the Bible or some outside source\t\u00a0\u00a0 \u00a0\t6) Which of the following statements is true?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 If something is legal, it is always ethical.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Practices that are legal in the United States are legal everywhere in the world.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Practices that are ethical in the United States are considered ethical everywhere else in the world.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 A course of action can be legal but not ethical.\t\u00a0\u00a0 \u00a0\t7) If a defendant files a motion for summary judgment in a civil case, what is the defendant saying?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 That the plaintiff’s claims are false\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 That the court has no jurisdiction to decide the case\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 That the case is ready to go to the jury\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 That even if what the plaintiff says is true, there is no basis for judgment against the defendant\t\u00a0\u00a0 \u00a0\t8) A defendant fails to answer a civil lawsuit, what is likely to happen?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 A court will contact the defendant and ask him to answer the lawsuit.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 The court will grant a default judgment against the defendant.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The case will be appealed before the court makes a ruling.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 The court will order that the defendant go to jail until he or she agrees to answer.\t\u00a0\u00a0 \u00a0\t9) The legal authority of a court to make orders that are binding upon the parties is called\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 in rem jurisdiction\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 personal jurisdiction\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 quasi in rem jurisdiction\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 enumerated jurisdiction\t\u00a0\u00a0 \u00a0\t10) Harry Hoosier, an Indiana resident, drives his family to Florida for spring vacation. When he is at a red light, Freddie Floridian, a Florida\u00a0\t\tresident, is unable to stop in time and his vehicle impacts Harry’s car from the rear. No one is hurt and Harry’s vehicle suffers approximately\u00a0\t\t$10,000 in damages. Which is correct?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Harry can sue Freddie in federal court in Florida but not in Indiana.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Harry can sue Freddie in state court in Florida or Indiana.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Harry can sue Freddie in state court but not federal court in Florida but not in Indiana.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Harry can sue Freddie in state court but not federal court in Florida or Indiana.\t\t11) Monica owed Bob $500 for a business investment, which was more than a year overdue. Bob got drunk at a party and told everyone that Monica\u00a0\t\thad owed him $500 for over a year. Can Monica recover from Bob for defamation?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Yes, because Bob abused his conditional privilege.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 No, because Bob was telling the truth.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Yes, because Bob communicated the statement to third persons.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 No, because Bob had been drinking.\t\u00a0\u00a0 \u00a0\t12) What is the definition of a tort?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Any violation of an ethical duty\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Any crime or misdemeanor\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Any action done in violation of a prior agreement, which allows the victim to recover damages\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Any civil wrong that allows the injured person to recover damages\t\u00a0\u00a0 \u00a0\t13) Pete and Vicky make the following agreement: Pete promises he will go into a store, buy something for $5, and pay for it with a $100 bill on\u00a0\t\twhich he has written “Happy Birthday Vicky!”\ufffd Vicky promises that after Pete collects his change and leaves the store, she will go into the same\u00a0\t\tstore, buy something that costs $5, and pay with a $10 bill. When the clerk attempts to give her change for $10, Vicky will claim that the $100 bill\u00a0\t\tthat is in the cash register was money she just received for her birthday, and will demand change from a $100 bill. Then Pete and Vicky will split the\u00a0\t\textra money they think Vicky will receive in change. Is this a valid contract?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 This is a valid contract. There was a promise in exchange for a promise, and both parties got what they wanted.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 This is a void contract, because the parties agreed to commit fraud.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 This is a voidable contract because Vicky can change her mind.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 This is not an enforceable contract because the agreement is not in writing.\t\u00a0\u00a0 \u00a0\t14) An easement can be defined as\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 a limited right to use another person’s land for a specified purpose\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 a relaxation of the borderlines between two parcels of land\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 a life estate in the property of another\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 an option to purchase the land of another\t\u00a0\u00a0 \u00a0\t15) Huey, Dewey, and Louie own a building as tenants in common. Huey lives in the building. Without consulting the other two owners, Dewey deeds\u00a0\t\this interest in the building to Joe. What will be the outcome of this situation?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Huey, Louie, and now Joe will own the property as tenants in common.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Huey and Louie will still own the property as tenants in common, but Joe will have a reversionary interest.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The transfer of the interest to Joe will be ineffective because the other two did not consent.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Joe will make Huey pay rent.\t\u00a0\u00a0 \u00a0\t16) Which of the following best describes the benefits of a limited liability company (LLC)?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 LLC managers are not personally liable for debts, obligations, and liabilities of the LLC.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 LLCs have limited duration.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Documents do not have to be filed with the state to create an LLC.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 LLCs are automatically taxed like corporations.\t\u00a0\u00a0 \u00a0\t17) Which of the following is true when a general partnership is converted to an LLC?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 The property must be sold to a third party who then immediately sells it to the LLC.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 The conversion can be made retroactive for up to 2 years.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The profit and loss sharing terms must remain the same as they were in the partnership.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 The general partners will retain unlimited personal liability for obligations incurred while the business was a partnership.\t\u00a0\u00a0 \u00a0\t18) In the Northeast Ethanol, LLC case, the court pierced the defendant’s corporate veil after determining that\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 the plaintiffs could not find financing to build the ethanol plant\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 the defendant’s shareholder used the corporation to perpetrate fraud\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 the ethanol plant was an unwise investment, against the best interest of the parties\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 the plaintiff’s corporate directors were engaging in ultra vires activities\t\u00a0\u00a0 \u00a0\t19) Which comment best describes the alter-ego doctrine in corporate law?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 A corporation automatically becomes the alter ego of its shareholders\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 The president is the sole decision maker of a corporation\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The board of directors is the alter ego of a corporation\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Protection from personal shareholder liability can be forfeited if corporate formalities are not observed\t\u00a0\u00a0 \u00a0\t20) If a corporation is properly incorporated in one state and wants authority to do business in second state, the corporation typically must\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 re-incorporate in the second state\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 do nothing because being incorporated in one state automatically entitles the corporation to do business in all states\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 register with the Interstate Commerce Commission as an alien corporation\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 obtain a certificate of authority from the second state\t\t21) The DEF Corporation is incorporated in Texas. It wishes to do business in Oklahoma. Before DEF can legally do businesses in Oklahoma, which\u00a0\t\tof the following must it do?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Nothing; DEF automatically has constitutional rights to do business in Oklahoma.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 DEF must incorporate in Oklahoma.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 DEF must qualify (register) to do business in Oklahoma.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 DEF must domicile itself in Oklahoma.\t\u00a0\u00a0 \u00a0\t22) What types of business can be converted to an LLC?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 General partnerships only\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 General partnerships and limited partnerships only\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Corporations and limited partnerships only\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Corporations, general partnerships, and limited partnerships\t\u00a0\u00a0 \u00a0\t23) Which of the following best describes the status of the employment at-will doctrine in the United States today?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 It applies in most states to most employment relationships, but there are many exceptions that limit its application.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 It applies more today than in the last century, and the quantity of corporate layoffs is evidence of this.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 It today applies only to the employer, although in the past it applied to both the employee and employer.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 It still applies today, but only to employees who are expressly told that they are an at-will employee when they are hired.\t\u00a0\u00a0 \u00a0\t24) Which of the following rejected applicants may have a valid claim for discriminatory hiring practices?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 A public health service did not hire a registered nurse because his shaking hands prevented him from administering injections.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 A Catholic school did not hire a teacher because he was not Catholic.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 A trucking company did not hire a truck driver because she was pregnant.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 A university did not hire a 22-year-old woman to be a director of faculty because she was too young.\t\u00a0\u00a0 \u00a0\t25) Which of the following people is protected from employment discrimination on the basis of age?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 A 90-year-old person who wants a job as an airline pilot\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 A 50-year-old person who wants a job as an accountant\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 A 30-year-old person who wants a job as a waitress\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 A 10-year-old person who wants a job as a bartender\t\u00a0\u00a0 \u00a0\t26) Marie works as a receptionist for a plumbing company. She works from 9 a.m. to 6 p.m. Monday through Friday. She earns $12 per hour, and is\u00a0\t\ttold how to do her job and what she should be working on at any particular time. Her boss does not withhold any taxes from her paycheck. Which of\u00a0\t\tthe following is true?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Marie would be treated as an employee because she is paid for the work that she does.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Marie would be treated as an employee because of the control exercised by the plumbing company over her work.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Marie would be treated as an independent contractor because she is paid hourly.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Marie would be treated as an independent contractor because the employer doesn’t take any taxes out of her check.\t\u00a0\u00a0 \u00a0\t27) Company employee handbooks have been found in some cases to amount to a(n) ______________ exception to the employment at will doctrine.\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 apparent\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 tort\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 public policy\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 implied contract\t\u00a0\u00a0 \u00a0\t28) Which of the following is a correct statement of the requirements for a Bona Fide Occupational Qualification (BFOQ)?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 The occupational qualification is job-related and cost-effective.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 The occupational qualification is job-related and nondiscriminatory.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The occupational qualification is job-related and is a business necessity.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 The occupational qualification is rationally based and evenly applied.\t\u00a0\u00a0 \u00a0\t29) What federal legal protection is there with respect to trade secrets?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Trade secrets are protected under the federal patent laws.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Trade secrets are protected under the federal copyright laws.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 Trade secrets are protected under the Trade Secret Protection Act of 1952.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Trade secrets are protected under the Economic Espionage Act of 1996.\t\u00a0\u00a0 \u00a0\t30) Which of the following is true about misappropriation of trade secrets?\t\t\u00a0\u00a0 \u00a0A.\u00a0\u00a0 Although it is not necessary that the trade secret be patented, the secret must be such that it could be patented.\t\u00a0\u00a0 \u00a0B.\u00a0\u00a0 Trade secrets are always protected regardless of the actions of the trade secret owner.\t\u00a0\u00a0 \u00a0C.\u00a0\u00a0 The plaintiff can recover damages from theft of a trade secret only if the defendant acquired the trade secret through unlawful means.\t\u00a0\u00a0 \u00a0D.\u00a0\u00a0 Injunctions are generally not available to protect trade secrets.<\/p>\n","protected":false},"excerpt":{"rendered":"
1) The form of alternative dispute resolution wherein the parties hire someone to review the evidence and make a decision that is binding upon the\u00a0 parties is called \u00a0\u00a0 \u00a0A.\u00a0\u00a0 negotiation \u00a0\u00a0 \u00a0B.\u00a0\u00a0 settlement conference \u00a0\u00a0 \u00a0C.\u00a0\u00a0 conciliation \u00a0\u00a0 \u00a0D.\u00a0\u00a0 Read More …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-204919","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/204919","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/comments?post=204919"}],"version-history":[{"count":0,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/204919\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/media?parent=204919"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/categories?post=204919"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/tags?post=204919"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}