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As a general rule, if the Statute of Frauds requires a contract to be evidenced by a writing...

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Question;Question 2;Which of the following is a true;statement?;A. As a general rule, if the Statute of;Frauds requires a contract to be evidenced by a writing an oral contract will;be unenforceable.;B. The ?part performance? exception to;the Statute of Frauds may permit an oral contract for the sale of land to be;enforced merely if part of the purchase 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 be enforceable since usually if will be for a long time.;Question 4;Which of the following is true;regarding Title VII of the federal Civil Rights Act in the workplace?;a. The plaintiff employee must always;prove a malicious, wrongful intent to discriminate on the part of the defendant;employer against the employee to prevail in a Title VII civil rights lawsuit.;b. Only "big" employers with;2000 or more employees are covered by the federal Title VII Civil Rights Act;due to the voluminous record-keeping requirements.;c. The employer must make an;accommodation to an employee's religious beliefs, observances, and practices;regardless of the expense, cost, or burden since freedom of religion is a very;important civil right in the United States.;d. As a general rule, an employer can;discriminate on the basis of appearance by selecting only;good-looking" and attractive male and female applicants for its;sales force.;Question 5. Written preincorporation subscription;agreements;cannot be revoked by the subscriber for;six months;may not be rejected by the corporation;after incorporation.;are not enforceable by the corporation;after acceptance.;are automatically enforceable against;the corporation when it is formed;Question 9;Which of the following is a false;statement?;A. The requirement of a minimum amount;in controversy for federal jurisdiction applies to diversity of citizenship;cases.;B. The legal requirement of ?standing?;requires that a plaintiff have a stake in the outcome of a case that is filed.;C. In rem jurisdiction can never be;grounds to obtain jurisdiction of a lawsuit.;D. A forum-selection clause in a;contract allows parties to a contract to agree to the jurisdiction of a court;that otherwise might have personal jurisdiction.;Question 10;Piercing the corporate veil;typically can occur and thus personal liability imposed on the purported;shareholders when;a. The alleged corporation is;thinly capitalized.;b. Corporate "formalities,;such as issuing shares, electing directors, and appointing officers, are not;adhered to.;c. An important motive of the;incorporators for incorporating the business was the desire to achieve limited;liability.;d. a. and b.;Question 11;The requirement(s) of a valid offer in;contract law is(are) the following;a. The manifestation of a definite;intent to enter into a contract by the offeror and the communication of this;intent to the offeree;b. Reasonable definitiveness in the;terms of the offer;c. Serious intent on the part of the;offeror as determined by the "reasonable person" test;d. All of the above.;Question 14;Which of the following is a true;statement?;A. The Uniform Commercial Code governs;contracts involving real property and personal property leases.;B. The adoption of the Uniform;Commercial Code has completely eliminated the need for the common law in the;area of contracts.;C. The Uniform Commercial Code only;applies to a contract if the parties explicitly state so in their contract.;D. The Uniform Commercial Code takes;precedence over the common law of contracts regarding contracts for the sale of;goods.;Question 16;The United States Constitution;established the following branches of the national (federal) government?;a. Legislative, Executive, Judicial;and Administrative Bureaus and Agencies;b.;Legislative, Executive, Judicial;Administrative Agencies, and the Media;c. Legislative, Executive, Judicial;d. Legislative, Executive, Judicial;and the Church.;Question 20;Which of the following is FALSE;regarding lawsuits pursuant to Title VII of the Civil Rights Act?;a. An employer can be liable for;discrimination pursuant to Title VII based on the "disparate impact;theory even if there is no evidence of intentional discrimination.;b. Language discrimination based on an;English-only policy can be grounds for a national origin discrimination lawsuit;if the employer does not have a legitimate business reason for requiring its;employees to speak English.;c. Discriminating against applicants;for employment based on their appearance because they are not sufficiently;attractive, pretty, or handsome is as a general rule a Title VII violation;since the non-attractive are discriminated against.;d. Sexual stereotyping of women based on;stereotypical notions of appropriate female behavior by male managers is a;violation of Title VII.;Question 26;Which of the following is a false;statement?;The pre-existing rule of common law;contracts allows a party, who is bound by a prior contract to perform a duty;to use that same duty as new consideration.;The parties to a contract can mutually;rescind a contract.;Generally, a later promise to do what;one already has a legal duty to do is legally insufficient consideration under;the common law.;For an item to be classified as a;?good? pursuant to the Uniform Commercial Code, it typically is tangible;personal property.;Question 27;Which of the following is FALSE about;mediation?;A. Most mediations are conducted in a;confidential manner.;B. Mediation is typically a voluntary;alternative dispute mechanism unless the parties have contracted to submit a;dispute to mediation.;C. The mediator makes a legal decision;as to who prevails in a dispute and the decision is binding on the parties.;D. The mediator must be neutral;impartial, fair, and unbiased.;Question 29;When can a customer list of an employer;rise to the level of a legally protected trade secret?;a. When the list has information in it;which possesses value and which the employer has made reasonable efforts to;keep the list secret.;b. When the employer obtains a federal;copyright or trademark on it.;c. When there is concrete evidence that;all the employer's customers on the list would be willing to continue doing;business with the employer.;d. When the people on the customer list;are readily obtainable from public sources.;Question 30;Which of the following is FALSE;regarding lawsuits pursuant to Title VII of the Civil Rights Act?;a. An employer can be liable for;discrimination pursuant to Title VII based on the "disparate impact;theory even if there is no evidence of intentional discrimination.;b. Language discrimination based on an;English-only policy can be grounds for a national origin discrimination lawsuit;if the employer does not have a legitimate business reason for requiring its;employees to speak English.;c. Discriminating against applicants;for employment based on their appearance because they are not sufficiently;attractive, pretty, or handsome is as a general rule a Title VII violation;since the non-attractive are discriminated against.;d. Sexual stereotyping of women based;on stereotypical notions of appropriate female behavior by male managers is a;violation of Title VII.;Question 36;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;real property.;Sales of goods and contracts for the;providing of services.;Sales of goods and leases of goods.;Question 37;A computer retailer sells some computer;games to a minor. This contract is;Unenforceable.;Voidable.;Void.;Enforceable.;Question 38;Ann owns Beta Enterprises, a sole;proprietorship. Ann?s liability for the obligations of the business is;limited by state statute.;limited to the amount of her original;investment.;limited to the total amount of capital;Ann invests in the business.;unlimited.;HW #2;Question 3;The city of Lancaster, California, was;attempting to develop its local economy. Costco, the giant retailer, wanted to;expand its store into the next-door space occupied by the 99 Cents Only Store;which leased the premises. Costco informed the city that it would move to;another neighboring city if it could not expand. So Lancaster attempted to buy;out the lease of the 99 Cents Only Store, but the store refused. Consequently;Lancaster used its eminent domain power to condemn the 99 Cents Only Store;property in order to turn the property over to Costco. The city explained that;blight might ensue if Costco left. The city also noted that the 99 Cents Only;Store had generated only about $40,000 a year in sales taxes, whereas Costco;had generated more than $400,000. The city is willing to pay fair market value;for the property. Whereupon, the 99 Cents Only Store sued the city to block the;taking, arguing that the city was acting unconstitutionally. What is the most;accurate statement regarding this lawsuit?;A. The city prevails since preventing;blight, enhancing development, and increasing the tax base are legitimate;rationales according to the Supreme Court for the government to exercise;eminent domain.;B. The city prevails since a city or any;government entity can seize private property for any purpose so long as just;compensation is paid.;C. The 99 Cents Only Store prevails;since eminent domain can only be used by government to seize property for;airport construction or expansion.;D. The 99 Cents Only Store prevails;since anti-trust law will prevent a large "big-box" retailer from;driving out a small business from a community.;Question 8;Mike promises to pay Nora to work for;him. Nora agrees and quits her job, but Mike does not hire her. Mike may be;liable to Nora based on;the concept of accord and satisfaction.;the doctrine of promissory estoppel.;the preexisting duty rule.;the principle of rescission.;Question 11;Juanita walks into Freddie's Fast Food;Restaurant one day and slips and falls on a wet floor that had just been mopped;by one of Freddie's employees, who neglected to put up a "Caution - Wet;Floor" warning sign. The employee did not mean any harm, he just forgot to;put up the sign. Juanita, however, is injured and sues Freddie. Her lawsuit is;a. Breach of warranty-based.;b. Strict liability-based.;c. Intentional tort-based.;d. Negligence-based.;Question 12;Juanita walks into Freddie's Fast Food;Restaurant one day and slips and falls on a wet floor that had just been mopped;by one of Freddie's employees, who neglected to put up a "Caution - Wet;Floor" warning sign. The employee did not mean any harm, he just forgot to;put up the sign. Juanita, however, is injured and sues Freddie. Her lawsuit is;a. Breach of warranty-based.;b. Strict liability-based.;c. Intentional tort-based.;d. Negligence-based.;Question 15;Silvio and Mohammed agree to have their;business dispute settled by binding arbitration. Silvio is not pleased with the;arbitrator's decision in favor of Mohammed. Silvio's strongest argument to;convince a court to overturn the arbitrator's decision would be;Silvio was much more credible and;persuasive than Mohammed.;The arbitrator interpreted the relevant;law incorrectly.;There was more evidence favoring Silvio;than there was Mohammed.;The arbitrator was biased and acted in;bad faith.;HW 3;Question 1;According to the Natural Rights theory;of John Locke;a. All people possess in the State of;Nature and thus by the Natural Law certain inalienable rights - the right to;life, liberty, and property.;b. Natural Rights supersede any legal;government, or political laws.;c. Natural Rights supersede any social;conventions and local customs.;d. All of the above.;Question 2;Which of the following statements is;NOT accurate?;Psychological egoism is an ethical and;normative theory that prescribes how people should behave in certain;situations.;An ethical egoist thinks primarily of;what will benefit his or her self-interest in the long-run.;Public good and the general welfare are;based on people fulfilling their selfish interests, according to one defense of;the doctrine of ethical egoism.;?Justice is the will of the stronger?;would be a characteristic Sophist statement.;Question 4;Which of the following is NOT an;accurate statement?;According to Locke, people?s rights to;freedom and equality exist naturally in the state of nature even before any;civil government is created.;Natural rights exist, according to;Locke, but only if the rights are granted by the government to its citizens and;legal residents.;Kant would condemn Utilitarianism as an;immoral ethical theory because he maintains that ?the ends do not justify the;means.?;According to Locke, people have the;natural right to own private property.;Question 5;Norman?s best criticism of;Utilitarianism is that it;Requires a prediction of consequences;Requires a measuring and weighing of;consequences;Is difficult to determine what a;particular society?s moral norms are;Can legitimize morally pain and;suffering if a greater good is achieved.;Question 6;Which of the following is NOT an;accurate statement about the Utilitarian ethical theory?;It determines the moral worth of an;action based on what a society believes is morally right;It may allow the personal interests of;individuals to be sacrificed in that the collective good be attained;It is usually regarded as a;consequentialist ethical theory;It determines the moral worth of an;action by whether the action achieves the greatest overall balance of;satisfaction over dissatisfaction.;Question 7;Bribery, though commonly thought;wrongful, arguably can be considered moral pursuant to;a.;Utilitarian ethics if the overall;greater good is achieved by paying the bribe even though there are certain;negative consequences for some stakeholders (such as the competition and the;host society).;b.;Ethical egoism from the vantage point;of the company paying the bribe if they really need the contract with the;foreign government and they have a policy of "letting the locals deal with;the locals.;c.;Ethical relativism if making the;gifts" (that is, "bribe" payments") to foreign;government officials is considered to be an acceptable and appropriate practice;and custom in the host county.;d.;All of the above.;Question 8;President Abraham Lincoln very;succinctly explained his rationale for his condemnation of and opposition to;slavery, to wit: "As I would not be a slave, so I shall not be a;master." Lincoln's reasoning best exemplifies what ethical theory?;a. Legal Positivism of Thomas Hobbs;b. Ethical Relativism of the Sophists;c. The Categorical Imperative of;Immanuel Kant;d. Utilitarianism of Bentham and Mills.;Question 9;Juana applies Kant?s Categorical;Imperative to decide whether to cheat on an examination to get into an MBA;program is the ?right thing? to do. This means that Juana evaluates her action;in light of;Whether the ?end? justifies the ?means?;Whether the action of cheating is moral;in and of itself;Whether Juana feels that cheating is;good or bad under the circumstances;Whether she can cheat without getting;caught.;HW # 4;Question 4;The Chinese government publicly;executes convicted criminals of serious crimes, and then "harvests;and sells their organs to wealthy Westerners and people from the Middle East;presumably with the "consent" of the prisoners facing execution. This;practice is;a. Immoral pursuant to Ethical Emotism;if one initially feels emotionally sick when reading or hearing about the;practice.;b. Moral under Ethical Egoism if one;desperately needs an organ and has the money.;c. Moral pursuant to Ethical Relativism;if one is in China and the Chinese have no problems with and thus accept this;practice of executions and organ sales.;d. All of the above.;Question 8;The U.S. Supreme Court's affirmative;action decisions in the University of Michigan cases;Struck down all affirmative action;plans as immoral "reverse discrimination" based on Kantian ethics.;Upheld limited affirmative action plans;based on Utilitarian diversity rationales.;Struck down all affirmative action;preference type plans as immoral, but allowed selective advertising and;mentoring by schools and companies aimed at minority and women's groups.;Were posited by the Court as the federal;government's response to slavery reparations and as an explicit means to;fulfill President Lincoln's promise of "40 acres and a mule" to the;freed slaves.;HW # 6;Question 1;National Distribution Corporation could;best demonstrate a commitment to ethical behavior by;Complying with government regulations;since they are so extensive;Drafting an ethics code;Making a profit;Complying with the law and acting;morally.;Question 2;Assume that according to a critic of;the modern corporation, many large firms regularly engage in anticompetitive;behavior, such as monopolizing commerce. In making this assertion, what;theoretical link is the critic best attempting to refute?;The link between monopolization and;socially irresponsible conduct;The link between monopolization and;socially responsible conduct;The link between profit maximization;and ethical egoism;The link between monopolization and;immoral conduct.

 

Paper#51924 | Written in 18-Jul-2015

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