Reference no: EM132278372
1. What as a general rule makes a covenant-not-to-compete legal in an employment contract?
The covenant must be reasonable as to time/duration.
The covenant must be reasonable as to place/territory.
The employer must be able to demonstrate that the covenant was necessary to protect a legitimate business interest of the employer.
All of the above.
2. In order to have an investment contract which is regulated by the SEC, which of the following is required?
An investment of money.
A common enterprise.
The expectation that profit from the enterprise will result from the efforts of others.
A, B and C.
3. What is the legal significance of the distinction between rule of reason violations and per se violations under the Sherman Act?
Rule of reason violations must be proven beyond a reasonable doubt and per se violations must be proven with a preponderance of the evidence.
Rule of reason violations require an agreement with at least one other party, but per se violations can occur without an agreement with others.
Rule of reason violations relate to actions brought by private parties and per se violations relate to actions brought by the government.
Rule of reason violations ultimately may be proven to be legally acceptable, but per se violations cannot be deemed to be acceptable under any circumstances.
4. Which of the following is true about sexual harassment in the workplace?
If a supervisor approaches someone and asks that person out for a social date, if the supervisor acts in socially customary manner, it generally will be sexual harassment.
Common law pursuant to the Anglo-American legal system characteristically consists of:
Laws that all nations have in common.
Laws that affect everyone, except wealthy people and politicians
Opinions that have been issued by judges when deciding previous cases
Laws with which most people are familiar.
5. The Americans with Disabilities Act (ADA) requires that:
Employers make an all-out effort to accommodate disabled employees regardless of cost or expense.
Employers make a "reasonable" accommodation to disabled employees.
Only large employers with over 1500 employees must make a reasonable accommodation to disabled employees due to the burdens involved.
None of the above
6. Jim orally promises to work for Pat, and Pat orally promises to employ Jim at a rate of $500 a week. This contract must be in writing to be enforceable if Jim promises to work for
at least five years.
five years but either party can terminate the contract on two weeks’ notice.
less than a year.
life.
7. The standards for a hostile or offensive work environment are very vague and depend on all the facts and circumstances.
Sexual harassment claims require that persons of both sexes be involved.
Sexual harassment is covered under OSHA as part of workplace safety.
8. Which of the following is a false statement?
Procedural due process prevents the government from taking a person’s property if the person objects strenuously.
The Equal Protection Clause requires that similarly situated persons be treated similarly by the government.
As a general rule regarding free speech rights, if a less restrictive means is available for the government to achieve its goals, the government must use the less restrictive alternative.
Obscenity is not considered to be protected speech.
9. Which of the following best describes horizontal division of markets?
An agreement by competitors that each will only serve part of the market for their products.
Any action in which a company distributes some products in one geographic area and other products in another geographic area.
Any action in which a company charges different prices for a product depending on the geographic market.
The granting by a company of exclusive geographic territory to salesper
10. Which is a FALSE statement about U.S. civil rights laws?
The Age Discrimination in Employment Act protects against age discrimination in the workplace.
Language discrimination in the form of "English-only" policies can be a form of national origin discrimination.
Even an employee at-will can sue for wrongful discharge if she was terminated because of her gender.
An employer is allowed to have an Affirmative Action plan that has rigid and fixed quotas for hiring based solely on race due to the history of discrimination in the United States.
Under Article II of the UCC a seller may not
Withhold delivery
Seize the good back on his or her own
Stop delivery in transit
Sell the goods