As a general rule, an employer can discriminate among job applicants and applicants for promotion based on the education

QUESTION 11.Which of the following is a TRUE statement?A.B.C.D.1.As a general rule, an employer can discriminate among job applicantsand applicants for promotion based on the education, knowledge, andskills that are necessary to successfully perform the job.Gender identity, encompassing being gay, lesbian, transgender, orsexually transitioning, is a protected category under the federal CivilRights Act.Managers and supervisors are protected just like employees under theNational Labor Relations Act.Social media communications by employees cannot be protected as"concerted protected activities" under the National Labor Relations Actbecause they are too "virtual" and only online.QUESTION 2Common law consists of:Laws which all nations have in common.Laws which affect everyone, including ordinary persons.Rulings and opinions which have been issued by judges whendeciding previous cases.Laws which more people are aware of.QUESTION 31.Which of the following is a FALSE statement?A.The "fair use" exception to copyright law may allow the limited use ofcopyrighted material for scholarship and academic purposes.A substantial revision of copyrighted work that transforms the work byadding new information, interpretation, or understanding is legalunder copyright law.C Scientific formulas cannot be protected by trade secret law since they. can only be patented.B.D.1."Reverse engineering" is generally legal under patent and trade secretlaw.QUESTION 4Which of the following is a true statement?A.As a general rule, if the Statute of Frauds requires a contract to beevidenced by a writing an oral contract will be unenforceable.B.The “part performance” exception to the Statute of Frauds may permitan oral contract for the sale of land to be enforced merely if part of thepurchase price is paid.C A mortgage represents an interest in personal property and thus can. be oral.D.A contract for lifetime employment must be in writing to beenforceable since usually if will be for a long time.QUESTION 51.Article 2 of the UCC covers which types of transactions:Sales of goods and sales of real property.Sales of goods and leases of goods or realproperty.Sales of goods and contracts for the providingof services.Sales of goods and leases of goods.1.QUESTION 6A promoter’s preincorporation contract:binds only the promoter unless adopted by the corporation.binds both the promoter and the corporation.binds only the corporation.binds neither the promoter nor the corporation if rejected bythe corporation.QUESTION 71.The sales provisions of Article 2 of the UCC apply to:Neither merchants nornonmerchants.Nonmerchants, but not tomerchants.Merchants, but notnonmerchants.Both merchants andnonmerchants.QUESTION 81.Which of the following is a true statement?Fraud by active concealment occurs when a party to a contract fails todisclose all of the known facts about the subject matter of thecontract.B To be actionable for fraud, a misrepresentation must pertain to a. future opinion.A.C.D.1.The threat to bring a lawsuit to obtain an agreement can be groundsfor duress if the suit is a legitimate one.A mutual mistake renders a contract null and void.QUESTION 9Even an employee at-will can sue for wrongful discharge when heor she:a Is discharged. Rights Act.in violation of Title VII of the Civilb Is discharged. doctrine.in violation of the Public Policyc.Is negligently discharged by the employer.d All.of the above.QUESTION 101.The tort of assault and the tort of battery are:A.Two names for the exact same tort.B.Strict liability torts.CIndependent torts which can occur separately.from one another.D Require proof of each of the separate elements of. negligence.1.QUESTION 11Under federal laws, which of the following statements regarding anenvironmental impact statement (EIS) is false?An EIS is required for all state and federal legislation.The EIS must contain a cost-benefit analysis for the proposedaction.The EIS must identify alternatives to the proposed action.The EIS must describe the impact on the environment of theproposed action.QUESTION 121.Who can be deemed liable for trading on material insideinformation based on U.S. securities laws?a Misappropriators.b Insiders.c.and tipees in conspiracy with insidersInadvertent tipees who are in a fiduciary relationship with thedisclosing partyd All.1.of inside informationof the above.QUESTION 13Which of the following is a true statement?The Federal Trade Commission is the federal agency in the U.S. that isempowered to prevent and punish unfair and deceptive marketing andadvertising practices in trade or commerce.The Consumer Products Safety Commission in the U.S. prohibitsmanufacturers from selling and marketing products unless they aremarked with the agency’s official “seal of approval.”Common law legal doctrines no longer apply to polluters in the U.S.since they are so big and powerful and thus can only be regulated byfederal statutory law.An environmental impact statement is required in the U.S. for all federaland state government development projects and for all proposedfederal and state legislation.QUESTION 141.Which of the following is not an essential element of a partnershiprelationship?An association of two or more persons who are capable of entering intoa binding contractThe carrying on of a business for profitCo-ownership of the businessA mutual intention to be partners1.QUESTION 15Which of the following is FALSE about the tort of trespass?a A person cannot be liable for trespass by intentionally throwing objects. on another’s land or causing third parties to come on the land sincethat person did not physically come on the land.against personal property, called "chattels" underb A trespass can occur. the common law.c.The intent required for a trespass is only the intent to do the act thatconstitutes the trespass.d Regarding a trespass to land, actual injury to the land is not required;. nominal damages can be given for the mere act of the trespass itself.QUESTION 161.Which of the following is/are TRUE about U.S. civil rights laws?a An employer can. and Employmentdefend a lawsuit pursuant to the Age DiscriminationAct (ADEA) by interposing a BFOQ (bona fideoccupational qualification) defense.b The "disparate impact" theory of Title VII of the Civil Rights Act now. applies to discrimination lawsuits based on the ADEA due to a SupremeCourt decision.c The Americans with Disabilities Act requires that an employer not only. not discriminate against disabled people but also that the employermakes a "reasonable" accommodation to the needs of its disabledemployees.d All.of the above.QUESTION 171.A sole proprietor has unlimited liability for:Personal, but not businessdebts.Business, but not personaldebts.Both business and personaldebts.Neither business norpersonal debts.1.QUESTION 18Which of the following is a FALSE statement?A.The implied contract theory may protect an employee-at will from anarbitrary discharge.B.The employment at-will doctrine can result in a legal but immoraldischarge.C.A discharge of an employee at-will in violation of the fundamentalpublic policy of a state is typically an illegal action.D.In the U.S., pursuant to National Labor Relations Act, no private sectoremployee can be discharged if it would be "unfair" or "unjust" to do so.QUESTION 191.Jill invests $1,000 to buy 10 shares of Good Corporation. Thecorporation goes bankrupt having no assets and $l million in liabilities.The most Jill can lose is the $1,000 she invested. This is an example ofthe corporate characteristic of:Limited liability.Free transferability ofshares.Perpetual existence.Centralizedmanagement.QUESTION 201.Where the principal makes representations to a third party, suchas the use of a title in the employment situation, about the role that anagent is to play, which kind of authority usually arises?Apparentauthority.Authority byethics.Inherentauthority.Expressauthority.1.QUESTION 21How can "intellectual property" be legally protected in the UnitedStates?a By.patent lawb By copyright. lawc.By trade secretlawd All of the. above.QUESTION 221.Dina is a partner in Eagle Technical Group. Dina’s dissociation fromthe partnership likely will causethe automatic termination of the firm’s legal existence.the immediate maturity of all partnership debts.the dissolution of the partnership and the partnership’s buyout of Dina’sinterest in the firm.the temporary suspension of all partnership business.1.QUESTION 23X accuses Y of fraud. Normally, the reliance element that gives riseto fraud is based on a statement ofdelusion.fact.opinion.puffery.QUESTION 241.What is the significance of the term "preferred" in reference topreferred stock?It is viewed to generally be a better investment than common stock.Preferred stockholders usually have better voting rights than commonstockholders.Preferred stockholders receive preference over creditors of thecorporation in the event of liquidation.Preferred stockholders receive certain preferences over commonstockholders with respect to dividends or with respect to assets in theevent of liquidation.1.QUESTION 25Standard Office Products orders one hundred computers fromNational Suppliers. Unless the parties agree otherwise, National’sobligation to Standard is todeliver the computers to a common carrier.deliver the computers to Standard’s place of business.hold conforming goods and give notice for Standard totake delivery.set aside conforming goods for Standard’s inspectionbefore delivery.QUESTION 261.What third party cannot sue to enforce rights in the originalcontract?a A third party. beneficiarycreditorb A third party. beneficiarydonec.A third party incidentalbeneficiaryd An.1.assignee.QUESTION 27Fran buys a franchise from Global Services, Inc. In theiragreement, Global may specifyrequirements for the business form of theorganization only.standards of operation only.requirements for the form of business andstandards of operation.none of the above.QUESTION 281.Which of the following constitutes illegal discrimination pursuant toTitle VII of the Civil Rights Act?a A shoe store. employees.b A sporting. the age ofc.refuses to hire Hispanics asgoods store excludes applicants over40.A large department store refuses to hire anyone ina wheel chair.d None.of the above.QUESTION 291.Pursuant to the commercial speech doctrine under U.S.constitutional law:commercial speech is not constitutionally protected since the motive isfor business to make moneycommercial speech is given the same degree of protection as politicalspeech since it is speechcommercial speech is not constitutionally protected since mostcommercials on television, especially around dinner-time, are loud,annoying, and grosscommercial speech must be true and non-deceptive and involve a legalproduct or service to gain constitutional protection.QUESTION 301.To be deemed sufficient, the consideration of a contract mustHave precisemonetary valueBe fair and ethicalHave legal valueBe a moral obligation1.QUESTION 31What is/are very important statutes governing "e-contacts," that is,entering into contracts online?a The.Uniform Electronic Transactions Act (UETA)b The Uniform. Act (UCITA)c.Computer Information TransactionsThe Electronic Signature in Global and NationalCommerce Actd All.of the above.QUESTION 321.A contract terminating because of the destruction of the subjectmatter is an example ofA Rule of ConstructionA voidable interestThe impossibly by operation of lawdoctrineA supervening illegalityQUESTION 331.Which of the following would not be a misappropriation of a tradesecret?Paying an engineer who is working at a competitor to disclose the tradesecret to you.Buying the competitor’s product, then tearing it apart and analyzing it inyour laboratory to reveal how the product works.Hiring a spy to break into a competitor’s offices to acquire the secret.Asking one of your current engineers to disclose a trade secret of herformer employer and she does so.QUESTION 341.Which of the following is a false statement?An oral defamatory statement must be communicated to a third partyto be actionable, but a written one need not.An individual’s right to privacy includes the exclusive use of his or herlikeness.Intentionally causing a party to break a contract may constitute thecommon law tort of wrongful interference with a contractualrelationship.Under the doctrine of strict liability in the U.S., a defendant may beliable for the results of his or her acts even if he or she did not intendthose results.1.QUESTION 35Under the employment at-will doctrine as a general rule:Either party may terminate the employment relationship at any timeand for any reason.Neither party may terminate the employment relationship at any timeand for any reason.Only the employee may terminate the employment relationship at anytime and for any reason.Only the employer may terminate the employment relationship at anytime and for any reason.QUESTION 361.An assignment of personal services isIllegalGenerally permittedPermitted with all the parties’consentIs never permitted1.QUESTION 37A person is charged with the commission of a crime. For aconviction, most crimes requireonly a specified state of mind or intent on the partof the actor.only the performance of a prohibited act.a specified state of mind and the performance of aprohibited act.none of the above.QUESTION 381.Which of the following types of third party beneficiaries acquirerights under the original contract?Incidental, donee,creditor.Creditor only.Donee only.Creditor, donee.QUESTION 391.Which of the following most likely is illegal discrimination pursuantto Title VII of the federal Civil Rights Act?a Not considering applicants for manufacturing. of their religious beliefs in incarnation.b Not hiring. products.c.sales positions becauseapplicants for sales positions who are smokers of tobaccoNot hiring gay, lesbian, bisexual, or transgender employees.d Not hiring candidates whether male or female. extensive travel is involved with the position.1.QUESTION 40who are parents whenX signs a covenant not to compete with his employer, Y SalesCorporation. X has access to his employer’s confidential customer list.This covenant is enforceable if itis not ancillary to the sale of abusiness..is reasonable in terms of geographicarea and time.is supported by consideration.requires both parties to obtain businesslicenses.