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Questions and Answers

Which part of the government creates statutory law?

  • Voters
  • Courts
  • Executive
  • Legislature (correct)
  • The National Conference of Commissioners on Uniform State Law drafted the Uniform Commercial Code (UCC). The UCC is adopted by?

  • The Federal Government
  • Cities
  • States (correct)
  • Executive
  • You have been involved in a car accident and sustained substantial damages. You have hired an attorney to bring a lawsuit against the driver of the other car. In order to win your case the attorney would have to prove that the other driver was responsible for your damages by what standard of proof?

  • By a reasonable doubt
  • By a preponderance of the evidence. (correct)
  • Beyond a reasonable doubt
  • By a minimal amount of evidence
  • Kerry was employed by an upscale women’s clothing store. After working for them for 6 months she became dissatisfied with how she was treated, especially with their requirement that she work overtime during certain times of the year. She communicated her complaints via advertisements in the local paper. As a result of these advertisements she was dismissed (fired) by the store. Kerry has brought a lawsuit against the store based on an alleged violation of her right to free speech. A court hearing this case would probably rule in favor of

    <p>The store as there was a lack of state action</p> Signup and view all the answers

    If the University of Arkansas were to require all students to attend a Catholic mass every Sunday, this would probably be considered

    <p>A violation of the establishment clause in the first amendment</p> Signup and view all the answers

    In which of the following courts would you normally be entitled have your case heard by a jury? I. U.S. District Court II. U.S. Court of Appeals III. U.S. Supreme Court

    <p>I only</p> Signup and view all the answers

    Which of the following ADR procedures is the most popular and is often required by judges before a trial date can be schedule?

    <p>Mediation</p> Signup and view all the answers

    Which of the following forms of ADR generally results in a ruling by a neutral third party which is BINDING on the parties?

    <p>Arbitration</p> Signup and view all the answers

    Dan wants to sue his employer. However Dan cannot sue because his employment contract has a mandatory __________ clause. Because of this clause, Dan and his employer must submit their dispute to a neutral third party who will issue a binding ruling

    <p>Arbitration</p> Signup and view all the answers

    Auto Co. manufactures automobiles. Every other auto manufacturer uses steel connecting pins in their cars. Auto Co. uses plastic connecting pins (to save money). If people are injured because the plastic connecting pins break, what type of product liability claim would the injured people bring?

    <p>Design defect</p> Signup and view all the answers

    A ______________________ is a contract granting a person or firm permission to use a copyright, patent, or trademark for a limited time and in a limited manner.

    <p>License</p> Signup and view all the answers

    Nedra posts a false statement of fact about Shaun on Instagram, causing injury to Shaun. Is Instagram liable for defamation?

    <p>No because of Section 230 of the Communications Decency Act</p> Signup and view all the answers

    Which of the following kinds of contracts is subject to the “statute of frauds?” I. Contract for the sale of land. II. Contract cannot be completed within one year. III. Contract constituted a promise to stand behind the debt of another. IV. Employment contract in excess of $5,000 per month for an indefinite time period.

    <p>I, II and III only</p> Signup and view all the answers

    Statute of frauds must be in writing

    <p>True</p> Signup and view all the answers

    LLC pays income tax

    <p>False</p> Signup and view all the answers

    Which of the following business entities is required to pay an income tax? I. General partnership II. LLP III. C corp. IV. LLC

    <p>III only</p> Signup and view all the answers

    1. Bonnie and Clyde (not related to each other) form an LLC named “Banks Beware, LLC.” Which of the following is true?

    <p>If Clyde defaults on a personal debt the assets of the LLC CANNOT be seized to satisfy the judgment.</p> Signup and view all the answers

    Which of the following forms of doing business results in ALL of the owners being free from personal liability for unpaid debts of the business? I. C Corp. II. Sole Proprietorship III. LLC

    <p>I and III only</p> Signup and view all the answers

    An agent can be held liable for a contract made on behalf of a principal if __________? I. No disclosure of principal II. Implied authority III. Express authority IV. Partial Disclosure of Principal

    <p>I and IV only</p> Signup and view all the answers

    Title VII of the 1964 Federal Civil Rights Act included a number of “protected classes” for which discrimination would be illegal. Which of these is NOT one of these classes?

    <p>age</p> Signup and view all the answers

    Alice, age 24, is an employee of a company subject to the 1964 Civil Rights Act. There was convincing evidence that she was denied a promotion due to the fact that she refused to engage in a sexual relationship with her immediate supervisor. Which of the following is correct?

    <p>This is a violation of the civil rights act based on the “quid pro quo” doctrine.</p> Signup and view all the answers

    Activia Yogurt advertised that a daily serving of its yogurt helps prevent colds and the flu. That statement is false. If the FTC pursues a false advertising complaint against the makers of Activia Yogurt will the FTC be successful?

    <p>Yes, this appears to be based on scientific evidence</p> Signup and view all the answers

    1. Which of the following would be most likely to be classified as a “fixture?”

    <p>A ceiling fan</p> Signup and view all the answers

    Shonda is selling her home. Which of the following in and around her home would be considered “real property?”

    I. The land on which the home sits.
    II. A built-in bookcase. III. A small hot tub on the deck in the back yard.

    <p>I and II only</p> Signup and view all the answers

    Alex owns property in a part of town that is zoned for single family residential homes. Alex wants to section off a part of his basement and turn it into an apartment. This would violate the zoning rules. Before Alex can make his basement an apartment he must apply with the city for what?

    <p>A Zoning Variance</p> Signup and view all the answers

    Xi is claiming ownership of property on the basis of “adverse possession.” Which of these is NOT one of the requirements of adverse possession?

    <p>Physical possession of a deed indicative of ownership</p> Signup and view all the answers

    The U.S. Supreme Court held in Kelo v. City of New London that the power of eminent domain allowed a government to take a property for:

    <p>Economic develop as that was a public use</p> Signup and view all the answers

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