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LAW Exam 2014.............

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Question;Question 1National Distribution Corporation could best demonstrate a commitment to ethical behavior byComplying with government regulations since they are so extensiveDrafting an ethics codeMaking a profitComplying with the law and acting morally.Question 2Assume 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 conductThe link between monopolization and socially responsible conductThe link between profit maximization and ethical egoismThe link between monopolization and immoral conduct.Question 2Which 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 4Which 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 monthsmay 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 formedQuestion 9Which 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 11The 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 offereeb. Reasonable definitiveness in the terms of the offerc. Serious intent on the part of the offeror as determined by the "reasonable person" testd. All of the above.Question 14Which 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 16The United States Constitution established the following branches of the national (federal) government?a. Legislative, Executive, Judicial, and Administrative Bureaus and Agenciesb.Legislative, Executive, Judicial, Administrative Agencies, and the Mediac. Legislative, Executive, Judiciald. Legislative, Executive, Judicial, and the Church.Question 20Which 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 26Which 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 27Which 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 29When 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 30Which 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 36Article 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 37A computer retailer sells some computer games to a minor. This contract is:Unenforceable.Voidable.Void.Enforceable.Question 38Ann owns Beta Enterprises, a sole proprietorship. Ann?s liability for the obligations of the business islimited 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 #2Question 3The 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 8Mike 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 onthe concept of accord and satisfaction.the doctrine of promissory estoppel.the preexisting duty rule.the principle of rescission.Question 11Juanita 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 12Juanita 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 15Silvio 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 3Question 1According 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 2Which 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 4Which 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 5Norman?s best criticism of Utilitarianism is that itRequires a prediction of consequencesRequires a measuring and weighing of consequencesIs difficult to determine what a particular society?s moral norms areCan legitimize morally pain and suffering if a greater good is achieved.Question 6Which 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 rightIt may allow the personal interests of individuals to be sacrificed in that the collective good be attainedIt is usually regarded as a consequentialist ethical theoryIt determines the moral worth of an action by whether the action achieves the greatest overall balance of satisfaction over dissatisfaction.Question 7Bribery, 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 8President 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 Hobbsb. Ethical Relativism of the Sophistsc. The Categorical Imperative of Immanuel Kantd. Utilitarianism of Bentham and Mills.Question 9Juana 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 ofWhether the ?end? justifies the ?means?Whether the action of cheating is moral in and of itselfWhether Juana feels that cheating is good or bad under the circumstancesWhether she can cheat without getting caught.HW # 4Question 4The 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 8The 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.

 

Paper#58835 | Written in 18-Jul-2015

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