Law 421 final exam new version 2016 (Score 100%)

Department of Labor

2. Which of the following is true of tort law?

It protects people from being tried twice for the same crime.

Tort law typically deals with breach of contract.

It provides compensation to those workers who have been injured on the job.

It sets limits on how people can act and use their resources.

3. 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 enjoy 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 and 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?” Which of the following is true?

Fred must pay based on an implied-in-fact contract theory.

Fred must pay based on a promissory estoppel theory.

Fred must pay based on expressed contract theory.

Fred is correct because no contract was formed.

4. Which of the following statements is true of the WARN Act?

It requires employers to give notice to an “at will” employee that he/she is being fired.

It requires employers to give notice to employees that they are being subjected to polygraph tests.

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 of a scheduled mass layoff.

5. _____________ jurisprudence supports the idea that law can and should change to meet new developments in society.

Sociological

Natural

Historical

Positive law

6. Which of the following is true of the assumption of risks during delivery of goods?

The buyer is responsible for damages to goods when the seller is about to transfer for shipment.

The seller is liable for any damages incurred to the goods during shipment.

The buyer is liable for any damages incurred to the goods during shipment.

The seller is always responsible for shipping the goods to the buyer.

7. A 911 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 _______.

inculpatory evidence

circumstantial evidence

bona fide occupational qualifications

exclusionary rule

8. Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on:

private markets

rule of law

specific performance

stare decisis

9. Interpreting Congressional intent, which of the following is never a bona fide occupational qualification (BFOQ)?

Race

National origin

Sex

Religion

10. Ethical formalists maintain that:

the good of the many always supersedes the good of the few.

harm to an individual is allowable as long as it serves a greater good.

harm to individual rights is never justified by an increase in organizational or common good.

values are situational and change based on circumstance.

11. The classification of crime is based on ________.

punishment imposed if convicted

prior record

location

the judge’s prerogative

12. Which of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule-making and adjudicating authority?

The administrative process is overwhelmed with paperwork and meetings.

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.

13. Which of the following is true of the use of alternative dispute resolution (ADR) techniques?

Disputing parties can agree to use an ADR technique after the dispute arises.

ADR techniques are ineffective once the pretrial process has begun.

Disputing parties cannot use an ADR technique not specified in the original agreement.

Disputing parties must begin a lawsuit to use any form of ADR.
14. The crucial issue with the continuity factor of a business’s organizational form is _______.

the method by which the business can be dissolved

profit distribution

the method of customer service observed

management style

15. The ___________ 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.

rules of per se legality

Parker v. Brown doctrine

duty to deal doctrine

rule of reason
16. Interest-based negotiations are superior to position-based negotiations because:

the difference between the interests of the parties is often large.

interest-based negotiation requires the presence of a judge or magistrate.

position-based negotiation is often only concerned with preparing for litigation.

interest-based negotiations allow room for consideration of non-factual concerns, such as relationships and long-term interests.

17. The determination that a crime has been committed and that evidence is sufficient to warrant the accused standing trial is known as:

nolo contendere.

indictment.

double jeopardy.

probable cause.

18. Which of the following is true under the regulations of interstate commerce?

Regulation on any activity is appropriate if it aids interstate commerce.

Activities affecting interstate commerce do not come under the power of the deferral government.

Intrastate activities affecting interstate commerce can be regulated only by the state governments.

The states have the exclusive power to commerce that passes that passes across their lines.

19. Finishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _______.

significant performance

substantial performance

breach of contract

implied performance

20. Frequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a claim of _____________.

intentional infliction of emotional distress

malicious representation

misrepresentation

false imprisonment and malicious prosecution

21. Which of the following is true of a violation of trade secrets’ rights?

One must misappropriate another’s information.

Unauthorized use of another’s information constitutes a violation of trade secrets’ rights.

One must use another’s information without permission.

Stealing another’s intellectual property violates trade secrets’ rights.

22. Which of the following states that parties to a written contract may not introduce oral evidence to change written terms?

The parol evidence rule

Concurrent conditions

Conditions subsequent

The statute of frauds

23. In a(n) ___________, the shareholders are taxed only on income distributed.

sole proprietorship

corporation

 

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