UOP LAW 531 Week 6 Final Exam Study Guide1
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Law <strong>531</strong> <strong>Week</strong> 6 <strong>Final</strong> <strong>Exam</strong><br />
1. Ann is troubled with the noise from an old generator set up by her<br />
neighbor Jose at his residence. The noise the generator makes is<br />
unbearable. Ann sues Jose for nuisance. Will she succeed?<br />
a) Yes, because the noise is interfering with Ann’s use and<br />
enjoyment of the land.
) No, because the generator is not on her property.<br />
c) No, because she cannot interfere with Jose’s personal matters.<br />
d) No, because it is a reasonable noise.<br />
2. Which of the following is likely to be forbidden by Title VII?<br />
a) Discrimination against a woman solely because she is a lesbian.<br />
b) Discrimination against a man solely because of his gender.<br />
c) Discrimination against a black woman solely because of her<br />
religion.<br />
d) Discrimination against a person of French ancestry because he<br />
“talks like an Englishman.”<br />
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3. Gath Meat Packing Company is a meat processing business. To reduce<br />
costs and increase profits, the president and CEO of Gath orders<br />
Gath’s employees to violate federal criminal meat processing laws.<br />
The United States Department of Justice prosecutes Gath for criminal<br />
violations of the meat processing law. Has Gath committed criminal<br />
violations?<br />
a) Yes, because the president and CEO, a high-level administrator of<br />
Gath, authorized the commission of the crimes.
) No, because the board of directors did not authorize the<br />
president and CEO or the other employees to violate federal law.<br />
c) No, because a corporation is not liable for most crimes committed<br />
by its agents.<br />
d) Yes, because a corporation is always liable for the crimes<br />
committed by its agents.<br />
4. For which of the following would a shareholder derivative action be<br />
appropriate?<br />
a) The shareholder alleges that the corporation has violated the<br />
shareholder’s preemptive right.<br />
b) The shareholder alleges that the board of directors has<br />
imprudently managed the corporation.<br />
c) The shareholder has refused a request that his/her accountant be<br />
permitted to look at the corporate accounting records.<br />
d) The shareholder alleges that the corporation has been paying<br />
dividends to a previous shareholder from whom the shareholder<br />
purchased his/her shares.<br />
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5. To prove his or her due diligence defense under the Securities Act<br />
Section 11 with regard to audited financial statements, an officer of<br />
the issuer must prove which of the following?<br />
a) The officer had no intent to misstate or omit a material fact in the<br />
audited financial statements.<br />
b) The officer had no reason to believe the financial statements<br />
omitted or misstated a material fact.<br />
c) The officer made a reasonable investigation into the accuracy of<br />
the audited financial statements.<br />
d) The officer believed the financial statements did not omit or<br />
misstate a material fact.<br />
6. _________ is the plaintiff’s voluntary consent to a known danger.<br />
a) Negligence per se<br />
b) Comparative negligence<br />
c) Assumption of risk<br />
d) Contributory negligence<br />
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7. Calvin tells Sara that he will sell her his car for $5,000. Sara agrees.<br />
The exchange is to take place in 10 days. The contract between Calvin<br />
and Sara is now _____.<br />
a) bilateral, executory, and implied<br />
b) bilateral, executed, and voidable<br />
c) unilateral, executory, and valid<br />
d) bilateral, executory, and express<br />
8. Which of the following is true about a sole proprietorship?<br />
a) A sole proprietorship is a legal entity.<br />
b) A sole proprietorship cannot sue or be sued.<br />
c) A sole proprietorship as a form of business can be transferred to<br />
someone else.<br />
d) A sole proprietorship has a life of its own apart from its owner.<br />
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CHECK<br />
9. _____________ means the accused failed to perceive a substantial<br />
risk of harm that a reasonable person would have perceived.<br />
a) Exculpation
) Recklessness<br />
c) Duress<br />
d) Negligence<br />
10. The board of directors of Filex Corporation, at a regular meeting<br />
of the board, entered into a contract with Ginger Grant, one of the<br />
directors. This contract called for Filex to purchase 120 acres of land<br />
from Ginger. Of the ten members on the board, eight were present at<br />
the meeting. One of the directors present was Ginger. All the other<br />
directors were disinterested in the transaction and not related to<br />
Ginger. After a lengthy discussion, six directors voted in favor of the<br />
contract and two voted against it. Ginger voted for the contract.<br />
Which of the following is true?<br />
a) The contract is valid since it was approved by a majority of a<br />
quorum of the board.<br />
b) The contract becomes void if the corporation proves that the<br />
contract was unfair to it.<br />
c) The contract is voidable unless Ginger proves that the contract is<br />
fair to the corporation.<br />
d) The contract between Ginger and the corporation is illegal and<br />
invalid.
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KNOWLEDGE CHECK<br />
11. A limited partnership:<br />
a) May not have a corporation as a general partner.<br />
b) May be taxed either as a partnership or as a corporation.<br />
c) May be created by default.<br />
d) Dissolves when a partner dies.<br />
12. A method of alternative dispute resolution in which a neutral<br />
third party helps the parties reach a resolution of the dispute by<br />
facilitating communication, clarifying areas of agreement, helping see<br />
each other’s viewpoints, suggesting settlement options, but who<br />
cannot make decisions that bind the parties, is called _______.<br />
a) minitrial<br />
b) conciliations<br />
c) arbitration<br />
d) mediation<br />
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13. Jacobs put an old typewriter in the trash. The trash collector,<br />
Land, took the typewriter, fixed it up, and sold it to Jones for $750.<br />
Jacobs contends that he is entitled to some or all of the $750 that<br />
Land received from Jones. Based on these facts:<br />
a) Jacobs is entitled to recover the typewriter from Jones.<br />
b) Land is entitled to keep the full $750 because Jacobs had<br />
abandoned the typewriter.<br />
c) Jacobs is entitled to the $750 because Land paid Jacobs no<br />
consideration for the typewriter.<br />
d) Land is entitled to the value of the improvements he made, but<br />
Jacobs is entitled to the difference between the $750 Land<br />
received and the value of the improvements Land made.<br />
14. Which of the following is true regarding the principle of<br />
separation of powers?<br />
a) The President can allow the Supreme Court to overturn very<br />
broad delegation of power to administrative agencies.<br />
b) The Constitution seeks to ensure that governmental powers<br />
remain accountable to the public will.
c) Congress is allowed to create an administrative agency only if<br />
Congress, rather than the President, will appoint the<br />
commissioners or board members of the agency.<br />
d) The congressional delegation of legislative power to an agency in<br />
its enabling legislation may never be challenged.<br />
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15. In which of the following cases does apparent authority arise?<br />
a) When a principal causes a third party to believe that the agent is<br />
authorized to act in a certain way.<br />
b) When a principal’s manifest consent is communicated directly to<br />
the agent.<br />
c) When an agent reasonably believes that the principal wants him<br />
to act in a certain way.<br />
d) When a person falsely represents himself as an agent of a<br />
principal to a third party.<br />
16. According to the law, crimes are statutory offenses; this<br />
essentially means that:
a) The prevention of crime should include deterrence and<br />
rehabilitation.<br />
b) Courts may assess punitive damages in order to punish the<br />
wrongdoer.<br />
c) It must be proved that the crime is dangerous or detrimental to<br />
society.<br />
d) A behavior is not a crime unless a state legislature has<br />
criminalized it.<br />
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4 KNOWLEDGE CHECK<br />
17. Ted is the president of Soprano Corporation (SC). Ted decided to<br />
have SC manufacture large, gas-guzzling SUV automobiles just before<br />
gasoline prices rose dramatically. As a result, SC lost billions of dollars.<br />
The shareholders of SC want to sue Ted for this bad decision that cost<br />
them billions. However, Ted had made a reasonable investigation<br />
before making this decision, he had a rational basis for it, and he had<br />
no conflicts of interest regarding this decision. What would be the<br />
probable outcome if the shareholders file a suit?<br />
a) Ted is liable under the ultra vires rule.<br />
b) Ted is liable under the various liability rule.<br />
c) Ted is not liable under the corporate protection rule.
d) Ted is not liable under the business judgment rule.<br />
18. Which of the following is also called “judgemade” law?<br />
a) Statutes<br />
b) Equity<br />
c) Uniform acts<br />
d) Common law<br />
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19. Reggie went to the Napa Valley Harvest Festival, when he<br />
stopped at Tracy’s booth where she was selling paintings of vineyards.<br />
Reggie admired a painting of vineyards that did not appear to be for<br />
sale. Reggie said to Tracy, “I will give you $200 for that painting right<br />
now.” Tracy said nothing in response but she gave Reggie the<br />
painting, and Reggie gave her $200 in cash. This is an example of a<br />
contract that is now _____.<br />
a) unilateral and executory<br />
b) bilateral and executory<br />
c) bilateral and executed<br />
d) unilateral and executed
20. Under the doctrine of federal jurisdiction, a corporation is:<br />
a) A citizen of only the place where it has been incorporated.<br />
b) A citizen of only the state where it has its principal place of<br />
business.<br />
c) A citizen of that state which has enacted a “long arm” statute and<br />
thus has jurisdiction.<br />
d) A citizen of both its place of incorporation and the state where it<br />
has its principal place of business.<br />
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21. Which of the following is true about cases regarding the<br />
intentional infliction of emotional distress?<br />
a) The plaintiff must be emotionally susceptible in order to recover.<br />
b) All courts require that the plaintiff’s emotional distress have<br />
physical manifestations.<br />
c) The defendant should exhibit sufficiently unreasonable behavior<br />
for liability.<br />
d) The plaintiff’s emotional distress must be severe.<br />
22. Which of the following statements is true of copyright?
a) Copyrights for work-for-hire last for 50 years.<br />
b) Copyrights and patents last forever.<br />
c) Congress enacts copyright rules under the WIPO.<br />
d) There are different copyright rules for pre- and post-1978 works.<br />
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23. A plaintiff will succeed against her employer in a disparate<br />
treatment case under Title VII if she can prove that _____.<br />
a) her employer rarely approves of her requests for leave of absence<br />
b) her employer discriminates against her on the basis of race<br />
c) her employer does not pay her well<br />
d) her workload is very high<br />
24. The damages recoverable in a patent infringement case cannot<br />
be less than:<br />
a) three times the damages actually suffered, and to be decided by<br />
the court.<br />
b) court costs and interest.<br />
c) reasonable royalty for the invention by the creator.<br />
d) reasonable royalty for the use of the invention by the infringer.
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25. A contract in which one or more parties have the legal right to<br />
cancel their obligations under the contract is called a(n):<br />
a) valid contract<br />
b) void contract<br />
c) unenforceable contract<br />
d) voidable contract<br />
26. An essential element of a tort is that the alleged defamatory<br />
statement must be “of and concerning” the plaintiff. Why?<br />
a) It is extremely difficult to prove.<br />
b) It aims to protect reputation.<br />
c) It concerns public figures.<br />
d) It places the burden on the defendant.<br />
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27. Which of the following is an accurate statement about powers<br />
delegated to and possessed by administrative agencies?<br />
a) Most administrative agencies are given restricted powers to<br />
comply with the constitutional principle of separation of powers.
) An agency’s rulemaking power would be classified as<br />
discretionary power rather than ministerial.<br />
c) The most important administrative agencies typically possess<br />
rulemaking powers but lack adjudicatory powers.<br />
d) Modern courts tend not to uphold the validity of broad<br />
delegations of power by Congress to administrative agencies.<br />
28. Which of the following is true of a person’s capacity to be a<br />
principal or an agent?<br />
a) To be an agent, a person must have the capacity to perform nondelegable<br />
obligations for the principal.<br />
b) To be an agent, a person must have the ability to make his own<br />
contracts, independent of the principal.<br />
c) A principal must have the capacity to do the acts for which the<br />
agent has been retained.<br />
d) Any duty that a principal has the capacity to perform can be<br />
delegated to an authorized agent.<br />
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29. The typical dissolution of a corporation requires approval of the<br />
_____.
a) creditors of the company<br />
b) merger company<br />
c) shareholders<br />
d) board of directors<br />
30. A “long arm” statute allows:<br />
a) Criminal courts jurisdiction over civil cases<br />
b) State courts more power than federal ones<br />
c) Appellate courts to hear new cases<br />
d) Courts jurisdiction over out-of-state defendants<br />
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<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 1 The Legal System and ADR Analysis<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 1 Knowledge Check
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 1 Complete<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 2 Business Forms Worksheet<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 2 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 2 Knowledge
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 2 Complete<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 3 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 3 Knowledge Check<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 3 Complete<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 4 Contract Creation and Management Simulation<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 4 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 4 Knowledge Check<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 4 Complete<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 5 Discrimination Scenario Simulation<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 5 IRAC Brief<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 5 Knowledge Check<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 5 Complete<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 6 IRAC Briefs<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 6 Knowledge Check<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 6 Complete<br />
<strong>LAW</strong> <strong>531</strong> <strong>Week</strong> 6 <strong>Final</strong> <strong>Exam</strong><br />
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