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Experience:  23 Years business & securities law, NY and FL bars. SEC all states.
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TRUE/FALSE 1. The U.S. Supreme Court ruled that the mere

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1.     The U.S. Supreme Court ruled that the mere tendency of speech to encourage unlawful acts is a sufficient reason for banning it.

2.     Codified-- Law or Codes--is past court decisions that have been organized by jurisdiction into code books.

3.     State appellate courts will review trial court decisions and can listen to new testimony or new evidence related to the case.

4.     Only 10 percent of all cases are settled prior to trial.

5.     The Commerce Clause of the U.S. Constitution gives Congress the power to regulate interstate commerce, as well as commerce with foreign nations and with Indian tribes.

6.     Under the social contract theory of societal justice, members of society are obligated to obey the moral rules of society even if others do not.

7.     Partnerships can be formed without any formalities, and the presence of the required elements of a partnership can be based on the conduct of those in the business.

8.     A foreign corporation is one that is incorporated in another nation.

9.     Generally, common stock is voting stock.

10.     Generally, a limited liability company can choose whether to be taxed as a partnership or corporation.

11.     An offer made in jest, where a reasonable person would conclude that it was made in jest, cannot result in a contract.

12.     A fixture is personal property permanently affixed to real property and thus, is the personal property of the owner of the real property.

13.     Contracts for the sale of goods over $500 always have to be in writing to be enforceable.

14.     In order for the government to access an individual’s stored email pursuant to a criminal investigation, a search warrant is needed.

15.     Even where an employee is an at-will employee, the statements made in the employer’s policy and procedures manuals can give employees implied-in-fact contract rights that limit the employer’s right to terminate the employee.

16.     The Immigration Reform and Control Act of 1986 makes it unlawful for employers to hire illegal immigrants.

17.     In sexual harassment cases, courts sometimes apply a reasonable woman standard.

18.     A policy of hiring workers only age 40 and older does not violate the Age Discrimination in Employment Act.

19.     The same union cannot represent all the workers at a single company.

20.     The Statute of the International Court of Justice identifies the three sources of international law that have become accepted by most courts in resolving international law disputes.

21.     A person is not liable for defamation if the statement made is truthful.

22.     Assumption of the risk, if present, prevents a plaintiff from recovering for negligence even if the
     plaintiff has proven all the required elements of negligence.

23.     The implied warranty of merchantability includes a warranty that goods delivered in groups are of a consistent quality.

24.     Because strict liability is a tort doctrine, privity does not apply, so that even bystanders can recover under strict liability.

25.     United States law requires that an invention have a reasonable likelihood of success in the marketplace in order to be patented.


26.     Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S. Congress and enacted into law. Which is true?
a.     The Colorado constitutional provision will control; the federal statute is invalid.
b.     The federal statute will control and make the state constitutional provision invalid.
c.     In Colorado, the Colorado constitutional provision will control over the statute passed by Congress, but the federal statute will apply in the other 49 states.
d.     Within Colorado, whichever was passed first will control over the other.

27.     The concept of in personam jurisdiction is that:
     a.     A court has the power to make and enforce a judgment against a particular person.
     b.     A party has a personal stake in the outcome of a particular case.
     c.     Special requirements must be met in nonbusiness cases involving individuals.
     d.     The case has been filed at the correct location with the state.

28.     In a civil case, which of the following is true about the order of the presentation of the case?
     a.     The plaintiff is first to present, followed by the defendant.
     b.     The defendant is first to present, followed by the plaintiff.
     c.     The judge decides who goes first, which depends on the circumstances of the case.
     d.     The order of presentation is determined by the flip of a coin.

29.     The protections in the Bill of Rights apply to:
     a.     The federal government only.
     b.     The federal, state and local governments, as well as their agencies.
c.     The state governments only.
d.     The legislative and executive branches of the federal government, and not to state and local governments.

30.     Which of the following statements is true regarding the relationship of law and ethics?
a.     The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
b.     In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
c.     In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
d.     Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.

31.     The most common form of business organization in the United States is:
     a.     Sole proprietorship.
     b.     General partnership.
     c.     Limited partnership.
     d.     Limited liability company.

32.     “Piercing the corporate veil” can refer to:
a.     Denying corporate existence to a corporation.
b.     Denying limited liability to owners of a corporation because the corporation failed to exercise reasonable care in its business decisions.
c.     Denying limited liability to owners of a corporation where the corporate affairs were not sufficiently segregated from those of the owners.
d.     Forcing a corporation to pay a dividend to its shareholders.

33.     The duty of loyalty owed by a corporate officer or director to a corporation means that officers and directors:
     a.     Cannot receive any compensation from sources other than the corporation.
     b.     Must devote themselves full-time to the corporation.
     c.     Cannot make a secret profit on a transaction involving a corporation.
     d.     Must not receive compensation for serving on the board of directors.

34.     Which of the following best describes a franchise?
     a.     Two parties work together on a limited duration project or enterprise.
     b.     A business sets up numerous retail locations owned by this business that all have similar products or services.
     c.     A retailer pays a fee to operate a business using a particular name under a standardized general business plan, with the fee often being paid in the form of royalties.
     d.     A seller of products is in business long enough for its trade name to become widely recognized.

35.     One of the main reasons that contracts involving minors are voidable at the minor’s option is:
     a.     To protect the minor from unscrupulous adults.
     b.     To reduce the amount of litigation in the courts.
     c.     To support the policy of not enforcing gift promises.
     d.     To punish adults for entering into contracts with minors.

36.     In a situation where one party to a contract has lied about the subject matter in order to entice the other party to enter into a contract, the type of fraud that would most likely be present is:
     a.     Fraud in the execution.
     b.     Fraud in the inducement.
     c.     Fraud by concealment.
     d.     Fraud by undue influence.

37.     Implied warranties:
     a.     include a warranty of merchantability.
     b.     can be disclaimed automatically upon arising.
     c.     automatically arise given specific circumstances.
     d.     A and C.

38.     In 1997, the U.S. Supreme Court ruled that:
     a.     The Telecommunications Act of 1996 violated antitrust laws.
b.     Domain names of celebrities could not be acquired in bad faith by individuals who had no connection to the name.
c.     The Communications Decency Act violated the U.S. Constitution for its restrictions on the Internet transfer of indecent material.
d.     The Internet had grown to a point that it should be placed into private ownership.

39.     Apparent authority can be best described as a situation where:
     a.     The principal and agent undertake actions in accordance with their earlier agreement that one act as agent for the other.
     b.     The principal has made representations to a third party that someone is to act as her agent.
     c.     The agent has made representations to a third party that he is acting as an agent for another.
     d.     The conduct of two parties indicates that they are acting in a principal and agent capacity.

40.     Under the Fair Labor Standards Act:
a.     Limitations are placed on the hours that workers can work each week without being paid overtime.
b.     A minimum wage is set, but is not required to be paid if the worker agrees to accept a lower amount.
c.     Workers are prevented from working in hazardous jobs.
d.     Employers are not required to pay overtime for a nonexempt employee who works 45 hours in the first week but only 25 hours in the second week of a two-week pay period.

41.     Which is true about the two kinds of discrimination that are actionable under Title VII?
a.     Disparate impact and disparate treatment are both based on how an employer treats a specific individual.
b.     Disparate impact and disparate treatment are both based on how an employer treats a protected class.
c.     Disparate treatment refers to individuals and disparate impact refers to protected classes.
d.     Disparate impact refers to individuals and disparate treatment refers to protected classes.

42.      The Labor-Management Reporting and Disclosure Act prohibits which of the following from holding union office?
     a.     Ex-convicts and communists.
     b.     Ex-convicts and resident aliens.
     c.     Resident aliens and women.
     d.     Communists and women.

43.     Which of the following is not true about the United Nations?
     a.     It was founded in 1918 at the end of the First World War.
     b.     Most nations of the world are members.
     c.     There are only five permanent members of the Security Council.
     d.     It contains a number of autonomous agencies that deal with specialized problems.

44.     Under merchant protection statutes:
a.      Reasonable grounds for detainment are necessary only if the period of detainment is long.
b.     The length of detainment is not relevant if there are reasonable grounds for detainment.
     c.     Any investigations and the period of detainment must both be reasonable.
     d.     Merchants do not have a duty to investigate suspected actions of the suspect because
this is the duty of the police.

45.     Which of the following is true about the tort of invasion of the right to privacy?
     a.     The tort is actionable only by public figures.
b.     True statements or facts that are disclosed can support a claim for the invasion of the right to privacy.
c.     Once a fact has become public, its disclosure cannot thereafter support a claim for the invasion of the right to privacy.
d.     The tort requires that the defendant entered the plaintiff’s home or place of business to acquire the information that was disclosed.

46.     Which of the following is true under the implied warranty of fitness for human consumption?
a.     The majority of states use both tests in determining whether the warranty has been breached.
b.     The consumer expectation test imposes a higher standard on sellers of food than the foreign substance test.
c.     Under the consumer expectation test, any item in food that causes injury will entitle the injured party to recover from the seller of the food.
d.     The trend is for more states to adopt the foreign substance test.

47.     Which of the following would not be a misappropriation of a trade secret?
a.     Paying an engineer who is working at a competitor to disclose the trade secret to you.
b.     Buying the competitor’s product, then tearing it apart and analyzing it in your laboratory to reveal the trade secret.
c.     Hiring a spy to break into a competitor’s offices to acquire the secret.
d.     Asking one of your current engineers to disclose a trade secret of her former employer, which she then does.

48.     An inferior trial court is one that:
     a.     Hears matters of a limited or specialized nature.
     b.     Has had a larger than normal portion of its decisions overturned on appeal.
     c.     Has an appointed judge rather than an elected judge.
     d.     Has a judge of a political party other than the party in power.

49.     If the U.S. Supreme Court reaches a tie decision:
     a.     The case will be reconsidered in the following year.
b.     The decision will be held in abeyance until one of the justices decides to change his or her mind.
c.     The case will be returned to the Circuit Court of Appeals to reconsider the case in light of the tie decision by the Supreme Court.
d.     The lower court decision in the case is affirmed.

50.     The requirement that a plaintiff have a stake in the outcome of a case is the requirement of:
     a.     Jurisdiction.
     b.     Certiorari.
     c.     Venue.
     d.     Standing.

SHORT ANSWER (1-4 words)

51.        Administrative agencies adopt ______________________ to interpret statutes.

52.     Cases involving _______________ are cases arising under the U.S. Constitution, treaties, and      federal statutes and regulations.

53.     A form of ADR in which the parties choose an impartial third party to hear and decide the dispute is known as _______________.

54.     The _______________ Amendment includes the Equal Protection Clause, the Due Process
     Clause, and the Privileges and Immunities Clause.

55.     The __________________ theory of social responsibility argues that business has a responsibility      to do good.

56.     ____________________ are partners who invest capital but do not participate in management      and are not personally liable for partnership debts beyond their capital contribution.

57.     A ____________________ is a form of business combination described as A+B=A.

58.     _____________________________ are brought by a shareholder on behalf of the company.

59.     A ________________________________ involves two or more business entities      combining resources to a single end.

60.     A ____________________ is a response by an offeree that contains terms and conditions      different from, or in addition to, those of the offer.

61.     ____________________ is the act of a minor after the minor has reached the age of majority by      which he or she accepts a contract entered into when he or she was a minor.

62.     A ____________________ occurs when a party fails to perform certain express or implied      obligations that impair or destroy the essence of the contract.

63.     A ____________ is a transfer of right to possession for a set term.

64.     The ECPA protects ____________ ________________.

65.     ____________________ occurs when (1) a person misrepresents himself or herself as another's agent when in fact he or she is not and (2) the purported principal accepts the unauthorized act.

66.     The ____________________ Act guarantees workers unpaid time off from work for medical      emergencies.

67.     Title I of the ADA requires employers to make ____________________ to assist employees with      disabilities that do not cause undue hardship to the employer.

68.      The act of negotiating contract terms between an employer and the members of a union is referred      to as ____________________.

69.     The doctrine of _______________ states that countries are granted immunity from suits in courts of other countries.

70.     ____________________ is the liability of a professional who breaches his or her duty of ordinary      care.

71.     The doctrine that raises an inference of presumption of negligence and places the burden on the      defendant to prove that he was not negligent is known as ____________________.

72.     A statute of limitation begins to run when ____________________.

73.     A trademark that becomes a common term for a product line or type of service is called a      ____________________.

74.     Transcribed oral testimony given under oath by a party or witness prior to a trial is a _______________.

75.     Powers delegated to the federal government are called _______________ powers.
1F 2F 3F 4F 5T 6T 7T 8F 9T 10T 11T 12T 13T 14T 15T 16T 17F 18F 19F 20T 21T 22T 23F 24F 25F 26B 27A 28A 29B 30C 31A 32C 33C 34C 35A 36B 37D 38C 39D 40A 41C 42A 43A 44C 45C 46A 47B 48A 49D 50D 51Regulations 52Federal Questions 53Arbitration 54Fifth 55Social 56Limited 57Merger 58Shareholder Derivative Lawsuits 59Joint Venture 60Counteroffer 61Ratification 62Breach 63Bailment 64Economic Development 65Ratification 66Family Leave 67reasonable accomodations 68collective bargaining 69sovereign immunity 70malpractice 71prima facie megligence 72the wrong is committed or should have been discovered by a reasonable person 73common usage 74deposition 75reserved.
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