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tarleton GB433 exam 1

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Question;1 out of 1 points;Article III of the U. S. Constitution specifies there shall;be;b.;one Chief Justice of the United States;Answers;a.;one Chief Justice of the United States;b.;one Court of Appeals for each state;c.;Bankruptcy Courts;d.;nine justices of the Supreme Court;Question 2;1 out of 1 points;An advertisement for "Lithuanians Only" would;probably involve the type of discrimination known as;c.;disparate treatment.;Answers;a.;disparate impact;b.;promissory estoppel.;c.;disparate treatment.;d.;none of the above;Question 3;0 out of 1 points;Kelbo loaned Tatchi $8,000 for one year at 7.5 percent;interest. Tatchi verbally promised that Kelbo could take his sailboat as;collateral should Tatchi fail to pay the debt.;Tatchi kept the sailboat pending payment to Kelbo. Assume no other facts.;a.;A security interest is perfected in the sailboat.;Answers;a.;A security interest is perfected in the sailboat.;b.;The transaction between Kelbo and Tatchi constituted a;national security breach;c.;Kelbo cannot take the boat away from someone who later;purchases the boat from Tatchi without knowledge of the verbal agreement;d.;all of the above.;Question 4;0 out of 1 points;Under Texas law, a dismissed employee does not have a cause;of action for wrongful termination as a result of which of the following;c.;termination prior to expiration of an employment contract;Answers;a.;termination prior to expiration of an employment contract;b.;termination for being born in Iran;c.;termination for reporting racial discrimination to a;supervisor;d.;termination for missing work due to make an appointment;ordered by a doctor.;Question 5;1 out of 1 points;Methods of perfecting a security interest include;a.;possessing the collateral.;Answers;a.;possessing the collateral.;b.;detached aloofness;c.;filing a protest statement with a environmentalist?s office;d.;all of the above;Question 6;1 out of 1 points;Which of the following is an unfair labor practice, under;the Taft-Hartley Act?;d.;all of the above;Answers;a.;A union strikes against a general contractor to force the;contractor to stop dealing with a subcontractor.;b.;A union strikes against an employer because another employer;uses nonunion employees.;c.;A union asks another company not to load trucks carrying the;products of a company the union is striking.;d.;all of the above;Question 7;1 out of 1 points;Which of the following powers is not granted to the;President in Article II of the Constitution?;c.;The President engages in judicial review.;Answers;a.;The President appoints judges to the highest federal court;b.;The President is the Commander-in-Chief of the army;c.;The President engages in judicial review.;d.;The President has executive power.;Question 8;1 out of 1 points;The elimination of the debtor's debts at the end of a;bankruptcy proceeding is called a(n);c.;discharge.;Answers;a.;liquidation.;b.;waiver.;c.;automatic stay.;d.;discharge.;Question 9;0 out of 1 points;Elmer and Betsy-Sue live in a house which serves as;purchase-money security fore their note to the Bailey Building and Loan in;Pottersville, Texas. Elmer and Betsy-Sue;are in default on their note. How many;days notice must be given to Elmer and Betsy Sue before a foreclosure sale may;be held?;c.;30;Answers;a.;20;b.;41;c.;21;d.;30;Question 10;1 out of 1 points;Firing an employee for his addiction to cocaine is;c.;Lawful;Answers;a.;Required by law;b.;Illegal discrimination based on disability;c.;Lawful;d.;All of the above;Question 11;0 out of 1 points;Which of the following workers are not prohibited from;striking?;c.;air traffic controllers;Answers;a.;ambulance paramedics;b.;factory workers;c.;air traffic controllers;d.;all of the above;Question 12;0 out of 1 points;Todd, a bankruptcy debtor, does not have enough money to;cover his debts. Which of the following debts to unsecured creditors may not be;discharged?;c.;unpaid child support;Answers;a.;certain government-guaranteed student loans;b.;unpaid Federal income taxes;c.;unpaid child support;d.;all of the above;Question 13;1 out of 1 points;The agent's duty of loyalty means that the agent cannot act;d.;for two principals in the same transaction.;Answers;a.;for an undisclosed principal.;b.;for two principals in the same transaction.;c.;for two principals.;d.;for more than one year for the same principal.;Question 14;1 out of 1 points;A deed of trust;d.;is a way for the mortgagor to convey his or her interest in;the property to a trustee to serve as security for an obligation to a;mortgagee.;Answers;a.;does not need to be in writing.;b.;is a way for the mortgagor to convey all or part of his or;her interest in the property directly to the mortgagee.;c.;is a way for the mortgagor to convey his or her interest in;the property to a trustee to serve as security for an obligation to a;mortgagee.;d.;cannot, in any state, be used in place of a mortgage.;Question 15;1 out of 1 points;A proprietor's procuring the services of an independent;contractor known to be incompetent could result in liability for the proprietor;due to;b.;negligent hiring;Answers;a.;negligent firing;b.;negligent hiring;c.;a factor.;d.;a nondelegable duty.;Question 16;1 out of 1 points;Which of the following services is used in determining;whether a homestead is considered urban?;c.;water;Answers;a.;septic tank pumping;b.;natural walking trails;c.;electronic internet connection;d.;water;Question 17;0 out of 1 points;The agent's duty to follow the lawful instructions of the;principal is the duty of;b.;loyalty.;Answers;a.;accounting.;b.;loyalty.;c.;obedience.;d.;indemnification.;Question 18;1 out of 1 points;A legal agreement between two persons whereby one person is;designated the binding representative of the other is known as;b.;agency.;Answers;a.;respondeat superior.;b.;agency.;c.;supremacy.;d.;agency by estoppel.;Question 19;1 out of 1 points;One who gives a security interest in real property to secure;a debt he owes is a;b.;mortgagor.;Answers;a.;secured party.;b.;mortgagee.;c.;mortgagor.;d.;subordinated party.;Question 20;1 out of 1 points;In bankruptcy, a legal order that stops the debtor's;creditors from making further moves to collect the money that the debtor owes;them is called a(n);c.;automatic stay.;Answers;a.;discharge.;b.;waiver.;c.;liquidation.;d.;automatic stay.;Question 21;1 out of 1 points;The Age Discrimination in Employment Act (ADEA), as;implemented through the Texas Commission on Human Rights Act, protects;employees;c.;40 years of age and over.;Answers;a.;under 21 and over 40 years of age.;b.;of all ages.;c.;between 35 and 75 years of age.;d.;40 years of age and over.;Question 22;1 out of 1 points;Right to work laws are;a.;state laws that prohibit labor-management agreements;requiring union membership as a condition of getting or keeping a job.;Answers;a.;state laws that prohibit employers from negotiating with;employee representatives over grievance procedures and seniority systems.;b.;federal laws that prohibit employees in the public sector;from striking.;c.;state laws that prohibit labor-management agreements;requiring union membership as a condition of getting or keeping a job.;d.;federal laws that prohibit labor-management agreements;requiring union membership as a condition of getting or keeping a job.;Question 23;1 out of 1 points;A theory under which an employer may be held liable for the;torts of the employee is called;b.;respondeat superior;Answers;a.;resplendent posterior;b.;agency by estoppel.;c.;respondeat superior;d.;supremacy.;Question 24;0 out of 1 points;If it determines that a federal statute conflicts with the;Constitution, the Supreme Court;c.;orders the statute erased from the law books;Answers;a.;may be overriden by a two-thirds vote of the House and;Senate;b.;refuses to enforce the statute whether or not it remains in;the law books;c.;orders the statute erased from the law books;d.;none of the above;Question 25;0 out of 1 points;A person who is authorized to conduct a particular;transaction is a(n);a.;agent.;Answers;a.;principal.;b.;agent.;c.;special agent.;d.;general agent.;Question 26;1 out of 1 points;The after acquired evidence defense is sometimes available;for employers who have discovered evidence that;d.;would have allowed them to discharge an employee even if the;wrongful discharge claim was true.;Answers;a.;would have allowed the employee to exercise the remedy of;specific promulgation.;b.;would have allowed them to discharge an employee even if the;wrongful discharge claim was true.;c.;would have allowed the employee to call upon the collective;bargaining grievance procedure guaranteed by Congress under provisions of the;After Acquired Evidence Act of 1994.;d.;would have allowed the employer to rehire the employee after;a negotiated settlement.;Question 27;0 out of 1 points;The duty that requires the agent to keep a record of all the;principal's money is known as the duty;b.;of good faith.;Answers;a.;of good faith.;b.;to account.;c.;of loyalty.;d.;of obedience.;Question 28;1 out of 1 points;If an employer in Texas foregoes participation in the;Workers? Compensation system, the following defenses to claims by injured;workers are not recognized by a court;b.;comparative negligence;Answers;a.;self-defense;b.;comparative negligence;c.;statute of limitations;d.;all of the above;Question 29;0 out of 1 points;Bubba owns a tract of land.;On February 10, Bubba signs a deed to the property to Frank in;consideration for $100,000. Frank;records his deed on February 15. On;February 14, Bubba gives a deed to the property to Mistress Maple as a gift;hoping to win her affection. That;evening, Maple shows Lover Larry her deed from Bubba, and sells the property to;Larry for $100,000, which he pays in cash.;Whose title is superior?;c.;Bubba;Answers;a.;Mistress Maple;b.;Lover Larry;c.;Frank;d.;Bubba;Question 30;1 out of 1 points;The Magna Carta, a 13th Century document agreed to by King;John of England, was an early establishment of which of the following;principles?;d.;Law may regulate and restrict the powers of rulers as well;as the governed.;Answers;a.;The line of succession in the English monarchy could include;daughters as well as sons of the King.;b.;Kings must get parliamentary approval of official acts.;c.;The English Prime Minister would the the head of government;while the King would remain the head of state.;d.;Law may regulate and restrict the powers of rulers as well;as the governed.;Question 31;1 out of 1 points;The action of a principal in authorizing a previously;unauthorized act by an agent is known as;d.;ratification;Answers;a.;tangential gratification.;b.;reticular formation;c.;agency by implication.;d.;ratification;Question 32;0 out of 1 points;The individual charged with the responsibility of;liquidating the assets of the debtor for the benefit of all interest parties is;the;b.;creditor in possession.;Answers;a.;primary trustee.;b.;creditor in possession.;c.;bankruptcy trustee.;d.;debtor in possession.;Question 33;0 out of 1 points;The exception to the rule that says that either the;principal or the agent may terminate an agency relationship at any time arises;in the situation of;a.;an agency by estoppel.;Answers;a.;an agency by estoppel.;b.;an agency by mutual agreement.;c.;a notice of reimbursement.;d.;an agency coupled with an interest.;Question 34;0 out of 1 points;A debtor who continues to run a business after filing a;Chapter 11 bankruptcy petition is called a(n);d.;debtor in bankruptcy.;Answers;a.;unimpaired debtor.;b.;debtor in possession.;c.;suspended debtor.;d.;debtor in bankruptcy.;Question 35;0 out of 1 points;Employment discrimination against a woman based on pregnancy;is unlawful discrimination based on;b.;disability;Answers;a.;sex;b.;disability;c.;weight;d.;hormones;Question 36;0 out of 1 points;In a bankruptcy filing under ____, there is an automatic;suspension of debt collection as soon as the petition is filed.;b.;Chapter 7;Answers;a.;Chapter 12;b.;Chapter 7;c.;Chapter 11;d.;all of the above;Question 37;1 out of 1 points;Intentional infliction of emotional distress may be;considered as the basis for wrongful discharge when the employer's conduct is;c.;extreme and outrageous.;Answers;a.;slightly disturbing.;b.;somewhat disturbing.;c.;extreme and outrageous.;d.;loud and difficult to understand.;Question 38;1 out of 1 points;President Ronald Reagan fired which of the following federal;employees for striking;c.;Air traffic controllers;Answers;a.;Airline pilots;b.;I.R.S. employees;c.;Air traffic controllers;d.;E.P.A. regulators;Question 39;1 out of 1 points;The Family Medical Leave Act applies to;c.;employers employing 50 or more employees;Answers;a.;only women of child-bearing age;b.;all employers;c.;employers employing more than 15 employees;d.;employers employing 50 or more employees;Question 40;0 out of 1 points;Article I of the U.S. Constitution;c.;gives judicial power to the Supreme Court and to other;courts set up by Congress.;Answers;a.;states that Congress consists of the Senate and the House of;Representatives.;b.;determines that a presidential term of office runs for six;years.;c.;gives judicial power to the Supreme Court and to other;courts set up by Congress.;d.;establishes the principle of supremacy.;Question 41;0 out of 1 points;Marks, an employer, informed his employees that they should;not vote for a company union. By expressing his opinion, Marks has;b.;wrongfully interfered with the formation or administration;of a company union under the Wagner Act.;Answers;a.;acted within his rights under the anticorruption law of the;Landrum-Griffin Act.;b.;wrongfully interfered with the formation or administration;of a company union under the Wagner Act.;c.;acted within his rights under the free speech provision of;the Taft-Hartley Act.;d.;wrongfully interfered with employees' right to organize a;union under the Wagner Act.;Question 42;0 out of 1 points;Authority that the principal voluntarily and specifically;sets forth in the words of an agency agreement is known as;b.;disclosed authority.;Answers;a.;implied authority.;b.;express authority.;c.;disclosed authority.;d.;apparent authority.;Question 43;1 out of 1 points;A security agreement;c.;must contain a written description of the collateral that is;used for security and signed by the debtor.;Answers;a.;does not need to be in writing.;b.;may be signed only by the creditor.;c.;must contain a written description of the collateral that is;used for security and signed by the debtor.;d.;does not need to contain a description of the collateral;that is used for security if both the debtor and the creditor have orally;identified the collateral.;Question 44;1 out of 1 points;Common law originated in;a.;England.;Answers;a.;the United States.;b.;Germany.;c.;New England.;d.;England.;Question 45;0 out of 1 points;In Marbury v. Madison, Chief Justice Marshall, writing for;the U.S. Supreme Court, established the principle of judicial review by;c.;Issuing a writ of mandamus to President Jefferson to deliver;an appointment to Marbury;Answers;a.;Issuing a writ of mandamus to President Jefferson to deliver;an appointment to Marbury;b.;Declaring President Jefferson's electoral defeat of the;Federalists unconstitutional.;c.;Holding Congress' expansion of the Supreme Court's original;jurisdiction unconsitutional;d.;Finding the Senate's practice of opening each session with a;prayer violative of the First Amendment.;Question 46;1 out of 1 points;An apparently neutral employment policy that has a;discriminatory effect on a protected class would be said to have;d.;a disparate impact.;Answers;a.;an in canis corpus transmuto effect.;b.;a disparate impact.;c.;a BFOQ.;d.;a disparately intrusive effect.;Question 47;0 out of 1 points;Farmer Fred owns real property and signs a deed of trust for;the benefit of hi bank, thereby granting a lien in the propety. Bank records the deed of trust in the county;clerk?s office. A would-be buyer of the;property;a.;need not worry about a deed of trust the Buyer did not sign;Answers;a.;need not worry about a deed of trust the Buyer did not sign;b.;is on constructive notice of the existence of the deed of;trust lien;c.;must have actual notice of the deed of trust lien to be;subject to its terms;d.;all of the above;Question 48;0 out of 1 points;The mortgagor's right to collect the entire balance due;immediately upon the mortgagor's default on one installment payment is found in;a(n);c.;graduated-payment clause.;Answers;a.;graduated-payment clause.;b.;balloon-payment clause.;c.;acceleration clause.;d.;deceleration clause.;Question 49;1 out of 1 points;The traditional American rule with respect to termination of;employment is known as;c.;employment-at-will.;Answers;a.;public policy.;b.;good faith and fair dealing.;c.;employment-at-will.;d.;implied contract.;Question 50;1 out of 1 points;Under the Texas property exemptions, which of the following;items of property may a single person exempt or exclude from the bankruptcy;process?;b.;two firearms;Answers;a.;one Chevrolet Silverado valued at $35,000;b.;two firearms;c.;jewelry up to a value of $15,000;d.;all of the above;Question 51;0 out of 1 points;A work place in which the employer by agreement hires only;union members in good standing, is known as;a.;a union shop.;Answers;a.;a union shop.;b.;constructive discharge.;c.;picketing.;d.;a closed shop.;Question 52;1 out of 1 points;The courts will look at which of the following factors to;determine if an implied contract exists?;d.;any or all of the above;Answers;a.;past dealing;b.;the nature of the employment relationship;c.;the length of the employment relationship;d.;any or all of the above;Question 53;0 out of 1 points;A person who hires an independent contractor is known as a;a.;master.;Answers;a.;general agent.;b.;proprietor.;c.;master.;d.;borrowed servant.;Question 54;1 out of 1 points;A concerted refusal to have dealings with someone to force;the acceptance of certain conditions is known as;d.;a boycott.;Answers;a.;collective bargaining.;b.;a strike.;c.;picketing.;d.;a boycott.;Question 55;1 out of 1 points;Some acts must be performed in person, and cannot, therefore;be delegated to an agent. Which of the following acts are included in this;list?;d.;all of the above;Answers;a.;serving on a jury;b.;voting;c.;holding public office;d.;all of the above;Question 56;0 out of 1 points;A failure on the part of an agent to keep the principal's;funds separate from the agent's funds is known as;c.;cohabitation;Answers;a.;renunciation.;b.;revocation.;c.;cohabitation;d.;commingling.;Question 57;1 out of 1 points;A mortgage with fixed payments based on a fixed interest;rate during the life of the mortgage is a;d.;conventional mortgage.;Answers;a.;graduated-payment mortgage.;b.;variable-rate mortgage.;c.;balloon-payment mortgage.;d.;conventional mortgage.;Question 58;1 out of 1 points;In Texas, a person?s wages may be garnished for;a.;child support;Answers;a.;child support;b.;unpaid judgments for medical bills;c.;unpaid college bookstore accounts;d.;all of the above;Question 59;1 out of 1 points;Which of the following can never be a bona fide occupational;qualification (BFOQ)?;c.;race;Answers;a.;religion;b.;sex;c.;race;d.;age;Question 60;0 out of 1 points;The doctrine that prevents a lawsuit against government;authority without the government's consent is known as;d.;agency by operation of law.;Answers;a.;sovereign immunity;b.;agency by estoppel.;c.;agency by operation of law.;d.;the equal dignities rule.;Question 61;0 out of 1 points;When foreclosure occurs, the owner/debtor?s;is cut off;b.;right of bankruptcy;Answers;a.;right of respondent superior;b.;right of bankruptcy;c.;fertility;d.;right of redemption;Question 62;0 out of 1 points;The Occupational Safety and Health Administration has;regulatory authority over job sites at which;b.;50 or more employees work;Answers;a.;people work;b.;50 or more employees work;c.;only children work;d.;15 or more employees work;Question 63;0 out of 1 points;To be an employer as defined in the Texas Commission on;Human Rights Act, a company or individual must have ____ employees.;c.;1;Answers;a.;15;b.;50;c.;5;d.;1;Question 64;0 out of 1 points;The legal principle that states that when a principal;appoints an agent to enter a contract that must be in writing, the agreement;appointing the agent must also be in writing is known as;b.;agency by operation of law.;Answers;a.;agency by estop;Question 64;0 out of 1 points;The legal principle that states that when a principal;appoints an agent to enter a contract that must be in writing, the agreement;appointing the agent must also be in writing is known as;b.;agency by operation of law.;Answers;a.;agency by estoppel.;b.;the equal dignities rule.;c.;agency by operation of law.;d.;the egalitarian dignitary rule;Question 65;0 out of 1 points;In McCulloch v. Maryland, the U.S. Supreme Court case;regarding a state's authority to impose taxes on a federal bank, Chief Justice;Marshall wrote;a.;That there is a plain repugnance, in conferring on one;government a power to control the constitutional measures of a higher;government.;Answers;a.;That there is a plain repugnance, in conferring on one;government a power to control the constitutional measures of a higher;government.;b.;That the power to destroy may defeat and render useless the;power to create;c.;That the power to tax involves the power to destroy;d.;All of the above.;Question 66;0 out of 1 points;Under Texas law, which of the following liens are not valid;against a homestead?;a.;Equity loans from banks which comply with the Texas;Constitution;Answers;a.;Equity loans from banks which comply with the Texas;Constitution;b.;Judgment liens for unpaid medical bills;c.;Purchase money liens;d.;Liens for unpaid school property taxes;Question 67;0 out of 1 points;Under Texas law a married couple may protect a rural;homestead of up to __________ acres.;d.;100;Answers;a.;200;b.;100;c.;10;d.;2.5;Question 68;1 out of 1 points;If the House of Representatives passes a bill that lowers;income tax rates, the bill becomes law if;b.;the President signs the bill after the Senate passes the;same bill;Answers;a.;the President vetoes the bill;b.;the President signs the bill after the Senate passes the;same bill;c.;OSHA certifies its safety;d.;none of the above;Question 69;0 out of 1 points;In Texas, foreclosure sales are held;a.;At city hall in the county in which the property is located;Answers;a.;At city hall in the county in which the property is located;b.;Between the hours of 9 a.m. and 12 noon.;c.;The first Tuesday of each month;d.;All of the above.;Question 70;0 out of 1 points;A person given broad authority to conduct the bulk of a;principal's business is called a;c.;borrowed servant.;Answers;a.;proprietor.;b.;general agent.;c.;borrowed servant.;d.;master.;Question 71;0 out of 1 points;A duty that cannot be passed off to another party is known;as;[None Given];Answers;a.;negligent retention.;b.;a factor.;c.;negligent hiring.;d.;a nondelegable duty.;Question 72;0 out of 1 points;Boss fires Lazy Lucy because she smokes during her lunch;hour away from the job. Boss? action in;firing Lucy;[None Given];Answers;a.;constitutes intentional infliction of emotional distress;b.;violates her civil rights as a female smoker;c.;will likely be considered good cause for purposes of;unemployment benefits;d.

 

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