Reference no: EM133297876
1. What did the court conclude in the case Fitl v. Strek?
That Fitl should be repaid half of the original sales price that Strek had charged for the card.
That Strek should not be forced to repay Fitl because such a request by Fitl is unreasonable after two years.
That Strek should pay Fitl for the court fees, but that Strek had not breached the contract that he made with Fitl.
That Fitl should be repaid by Strek for the damages incurred from buying a defective product.
2. Liquidated damages are usually in a separate clause in a contract.
True
False
3. Which of the following was designed to transfer jurisdiction in large, multistate class action tort suits from state courts to federal courts?
The Class Action Fairness Act
The Class Action Statute
The Class Fairness Law
The Class Action Fairness Statute
4. The same set of actions that give rise to a criminal prosecution might also constitute a tort.
True
False
5. Each year more than 33.4 million injuries and around 28,200 deaths result from the use of products purchased in the United States.
True
False
6. Violation of a statutory duty is considered which of the following?
Negligence per se
Negligent design
Negligence-based product liability
Strict liability
7. Discovery of the secret means there is no longer a trade secret to be protected.
True
False
8. Trademark dilution laws prohibit the use of "famous" trademarks by non-owners of those marks.
True
False
9. All of the following are examples of personal property except for which one?
A car
A built-in dishwasher
A pen
None of these; all are examples of personal property.
10. The state's power to pass zoning laws comes from their police power.
True
False
11. An expressed agency is formed in situations where custom and circumstances determine the agent's authority to do business for the principal.
True
False
12. Under the Statute of Frauds, some states require that agency contracts lasting longer than one year be in writing.
True
False
13. Which section of the General Partnership Agreement Form contains miscellaneous information including arbitration?
Article I
Article II
Article III
Article IV
14. It is inevitable that the worldwide trend toward market-oriented economies will do all of the following EXCEPT which one?
Increase the demand for the investment capital
Increase the demand for manufactured goods.
Increase the demand for higher tariffs
Increase the demand for services
15. Which of the following statements is true about most corporate boards of directors?
They actively manage the policies and day-to-day affairs of the corporation.
They actively manage the day-to-day affairs of the corporation, but leave policies to the managers.
They actively manage the policies of the corporation, but leave day-to-day affairs to the shareholders.
They typically abdicate their policymaking function and merely rubber-stamp decisions already made by the officers and managers.
16. Which of the following groups are the owners of the corporation?
Shareholders
The board of directors
The corporate officers
The government
17. Some agencies have tried to stretch the exemption to cover proceedings in other "sensitive" matters besides those concerning military matters or foreign affairs.
True
False
18. Out of complaints that informal rulemaking gave little opportunity to be heard other than writing, hybrid rulemaking arose.
True
False
19. The following agencies were created under the OSH to ensure its safety objectives EXCEPT?
Occupational Safety and Health Administration
Department of Health and Human Services
National Institute for Occupational Safety and Health
Occupational Safety and Health Review Commission
20. Most employment law specialists view the Family and Medical Leave Act as being of relatively minor importance, because to date there have been no significant recoveries by plaintiffs.
True
False