1. Who as a general rule has a right to receive dividends?

a.

A shoe store refuses to hire Hispanics as employees.

b.

A sporting goods store excludes applicants over the age of 40.

c.

A large department store refuses to hire anyone in a wheel chair.

d.

None of the above.

To bring a legal action in the U.S. against an employer for intentional discrimination based on the Civil Rights Act, the employee must demonstrate that he or she is a member of a protected class.

The Family and Medical Leave Act provides up to 15 weeks of paid leave for U.S. workers who experience the birth of a child or who undergo a serious illness.

The National Labor Relations Board decides whether a bargaining unit is “appropriate” for a union election in the U.S. by primarily determining if a community of interest exists among the workers in the potential unit.

Requiring equal pay for equal work for different sexes is part of U.S. labor and discrimination law.

$6,500.

$5,000.

$1,500 plus incidental damages.

nothing.

A.

If only one item is flawed out of thousands of similar items that were manufactured, the one flawed product might not be the basis for a negligence lawsuit but could be the basis for a products liability lawsuit based on strict liability.

B.

Failure to warn about the dangers of a product can make an otherwise safe product defective pursuant to strict liability law.

C.

A defect in a manufactured product can make the manufacturer liable for injuries caused by the product even if the manufacturer exercised due care in the manufacture of the product.

D.

In a products liability lawsuit based on strict liability, an injured plaintiff need only prove that the product caused him or her harm.

a.

Under the UCC, the performance of a sales contract must meet the "perfect tender" rule.

b.

Under the common law, the performance of a construction contract must meet the "substantial performance" doctrine.

c.

Under the common law, a contract with a time for performance must be performed as a general rule on the contract date or a reasonable time thereafter.

d.

All of the above are true.

A.

The requirement of a minimum amount in controversy for federal jurisdiction applies to diversity of citizenship cases.

B.

The legal requirement of “standing” requires that a plaintiff have a stake in the outcome of a case that is filed.

C.

In rem jurisdiction can never be grounds to obtain jurisdiction of a lawsuit.

D.

A forum-selection clause in a contract allows parties to a contract to agree to the jurisdiction of a court that otherwise might have personal jurisdiction.

a.

Mediation is a process by which a neutral third party acts as a conciliator and assists the parties to a dispute to reach a compromise solution.

b.

Arbitration is a process whereby the parties to a controversy submit their dispute to a neutral third party, who is not a traditional judge, for a final and binding decision.

c.

An arbitrator's decision generally cannot be appealed to the traditional court system if one of the parties is dissatisfied with the determination and thinks the arbitrator got the facts and the law wrong.

d.

An arbitration clause in a contract between an employer and an employee is as a general rule not enforceable against the employee since it would be unfair to the employee to prevent him or her from going to a traditional court to sue the employer.

cannot be revoked by the subscriber for six months

may not be rejected by the corporation after incorporation.

are not enforceable by the corporation after acceptance.

are automatically enforceable against the corporation when it is formed

a.

Promotion of trade and investment

b.

Strengthening industry competitiveness

c.

Ensuring fair trade

d.

All of the above.

The offeree is the person who makes an offer.

A void contract is enforceable if it is in writing pursuant to the Statute of Frauds.

A contract can be created only when it is accepted by the offeree’s actual performance of an act.

A unilateral contract is accepted and formed under the common law when the one receiving the offer fully completes the requested act or performance.

A.

As a general rule, a unilateral mistake does not allow either party to a contract to rescind or cancel it.

B.

Where two parties contract for the sale of an old violin and the seller does not realize that it is a rare and extremely valuable one, then the seller, the mistaken party, can cancel the contract since it would then be unfair to him or her.

C.

In a fraud case the victimized plaintiff need just prove that he or she relied on the false statement.

D.

Fraud typically renders a contract null and void.