LAW/531 Week 6 Final Exam

LAW/531 Week 6 Final Exam

1) Which of the following is a distinguishing feature of a
common law legal system?
A. Requiring guilt be proven beyond a reasonable doubt
B. The sole source of law is a comprehensive civil code
C. An appeal process
D. The making of law by the judges and the following of
precedent

2) Which best describes the types of agency authority held by
officers of a corporation?
A. Vicarious authority
B. Express and obvious authority
C. Implied and apparent authority only
D. Express, implied, and apparent authority

3) If an LLC fails to follow formalities such as keeping minutes
of meetings, which of the following is true?
A. Only the managers of a manager-managed LLC will lose limited
liability.
B. All members will lose their limited liability.
C. This failure will not result in imposing personal liability
on any member.
D. Only the parties responsible for the failure will lose
limited liability.

4) Martha started a flower shop as a sole proprietor. After 1
year, she was forced to close the shop because business was so bad. At that
time, the business assets totaled $50,000, but the business liabilities totaled
$125,000. Which of the following statements is true?
A. Martha is personally liable for the additional $75,000.
B. Martha’s business creditors can collect only the $50,000 of
business assets.
C. Martha’s business creditors can collect only the $50,000 now,
but if Martha ever goes into business again, they can get the assets of the new
business.
D. Once Martha terminates the sole proprietorship; the business
creditors cannot even get the $50,000

5) Partners of a general partnership
A. Are protected from litigation against the partnership by
statute
B. Are liable for the obligations of the partnership only to the
extent of their capital contributions
C. Do not have to pay taxes on the profits of the partnership
that are distributed to them
D. Are liable for all the obligations of their partnership

6) Which of the following forms of alternative dispute
resolution allows both parties to see the strengths and weaknesses of both
sides of the case through the presentation of evidence?
A. Negotiated settlement
B. Mini-trial
C. Mediation
D. Conciliation

7) A ___________ is a court-appointed party who conducts a
private trial and renders a judgment
A. Fact-finder
B. Arbitrator
C. Judicial referee
D. Negotiator

8) What is a form of alternative dispute resolution that is
often used when the parties involved do not want to face one another?
A. Arbitration
B. Fact-finding
C. Mini-trial
D. Conciliation

9) Which of the following is true regarding mediation?
A. A mediator often meets with both parties at the same time
B. A settlement agreement is never reached with a mediator.
C. A mediator does not make a decision or award
D. If a settlement agreement is not reached in mediation, then
the parties hire a new mediator

10) There are no accountants on the board of the Oriole
Corporation, a privately held corporation. The board routinely relies on a
Certified Public Accountant (CPA) to explain the financial situation of the
corporation. The board does not do an independent analysis of the CPA’s report.
In these circumstances, the board is
A. Violating a duty of loyalty
B. Violating a duty to exercise due care
C. Violating the business judgment rule
D. Not violating any duty

11) Self-dealing by a director of a corporation can best be
described as
A. A breach of a director’s duty of notification
B. A breach of a director’s duty of care
C. A breach of the Business Judgment Rule
D. There was no breach of duty

12) Which of the following is likely to be a breach of a
corporate officer or director’s duty of care?
A. Failing to anticipate a precipitous drop in consumer demand
of the company’s product
B. Failing to make a reasonable investigation of relevant facts
C. Failing to predict the unexpected startup of a new competitor
D. Failing to foresee a sudden rise in the interest rate

13) In what ways may officers and directors be protected by the
corporation from liability for actions taken as an officer or director?
A. The officer or director must purchase personal liability
insurance to cover such losses.
B. Have the corporation purchase liability insurance and
indemnify the officers and directors
C. Officers and directors cannot be protected from liability
D. Officers and directors are automatically protected from
liability by virtue of corporate

14) If a plaintiff voluntarily participates in a risky activity
that results in injury, what is the most likely defense to a claim that the
plaintiff assumed the risk?
A. Contributory negligence
B. Defendant was negligent per se
C. Defendant assumed the risk under the “danger invites rescue”
doctrine
D. Comparative negligence

15) Mark is the treasurer of Sky-Hi Tech Corporation and, as
such, he is responsible for protecting the assets of the corporation. One of
Mark’s subordinates, Jill, is in charge of reconciling the monthly corporate
bank statements. Over a period of several months, Jill embezzled a large amount
of money from Sky-Hi Tech, covering up the theft using her bank
reconciliations. If Mark had adequately supervised Jill, she could not have
embezzled this money. Mark’s actions (or inactions) constitute a breach of his
duty of
A. Due care
B. Obedience
C. Loyalty
D. Good business judgment

16) Barry buys a new sports car. The car sits low to the ground
and because of the styling; visibility to the rear is limited. About a month
after Barry buys the car, he backs over his pet poodle as he is leaving for
work. In his strict liability suit against the car manufacturer, Barry will
A. Win because driving a sports car is an inherently dangerous
activity
B. Win on the basis of design defect
C. Win on the basis of packaging defect because the car could
have been packaged in a differently styled body
D. Lose because he assumed the risk of backing up in a car when
he could not see to the rear

17) If a judge rules that a party lost its case because of the
Statute of Frauds, the judge has essentially stated which of the following?
A. The losing party purposely deceived the other party about a
material fact.
B. The losing party will not be allowed to introduce evidence to
contradict a written agreement
C. The losing party cannot enforce an oral contract that should
have been in writing
D. The losing party was found by the court to have lied, and
therefore will lose the case

18) What does the parole evidence rule do?
A. It limits the ability of parties to written contracts from
introducing certain evidence related to the contract.
B. It sets the rules for admissibility of evidence relating to
releasing a criminal from a prison term
C. It sets the general rules for the admissibility of evidence
in criminal actions
D. It determines which contracts are required to be in writing

19) ABC LLC and XYZ Corp. entered into a contract whereby
ABC is to supply XYZ with widgets. After receiving the first shipment of
widgets, XYZ finds that the widgets, while meeting the physical standards
specified in the contract, do not perform as XYZ anticipated. The contract is
silent as to performance specifications, but XYZ suspects that ABC knew that it
was manufacturing and supplying widgets that would not perform according to
industry standard. XYZ initiates a lawsuit against ABC, alleging that ABC
knowingly supplied defective widgets. What process will XYZ use to help it
develop its case against ABC?
A. Pleadings
B. Motion for summary judgment
C. Discovery
D. Trial

20) Under the Employee Retirement Income Security Act (ERISA),
an employee’s benefits must vest
A. Within 10 years
B. By the time of the employee’s retirement
C. In total within 5 years or gradually within 7 years
D. Only as provided in the pension plan

21) Which of the following statutes provides that it is legal
for employees to organize a union?
A. The Norris-LaGuardia Act
B. The National Labor Relations Act
C. The Labor-Management Relations Act
D. The Worker Adjustment and Retraining Notification Act

22) William was a factory worker at the Spruce Industries plant.
When management found out that William is gay, he was fired. The plant’s action
is
A. Not prohibited under federal law
B. A violation of Title VII
C. A violation of the Equal Pay Act
D. A violation of the Americans with Disabilities Act

23) Janet is manager of a bank. She has all the qualifications
to be promoted to bank manager. In fact, she is better qualified than any of
the men being considered for the position. However, the owner of the bank
believes that bank customers will LAW/531 not accept a woman as bank manager,
so the owner promotes one of the males. The owner’s actions would best be
described as what?
A. Quid pro quo
B. Hostile work environment
C. Gender discrimination
D. Pregnancy discrimination

24) Which one of the following statutes allows a prevailing party
to recover attorney’s fees in an action against the government for an action of
an agency?
A. The Freedom of Information Act
B. The Government Compensation Act
C. The Administrative Procedure Act
D. The Equal Access to Justice Act

25) Which of the following would prevent someone from acquiring
land by adverse possession?
A. The person never had to fight the original owner to remain on
the land
B. The person lived on the land secretly so that the original
owner would not find out he or she was there
C. The person lived on the land without the original owner’s
permission
D. The person was the only person who lived on the land in
question
26) Which of the following would be classified as tangible
personal property, as opposed to other property categories, such as fixtures or
intangible property?
A. A freestanding desk
B. Built-in cabinets in an office
C. A copyright to a literary work
D. A field of corn

27) As the CEO of a high tech company, you become aware that
your chief competitor is working on a new computer program that will
revolutionize your industry. You know that if you can find out several key
functions about the new product, LAW/531 final exams your own programmers will
be able to duplicate the function of the program without actually copying its
code. Which of the following actions can you ethically take?
A. Paying the garbage company to deliver the competitor’s
garbage to you
B. Hiring a former employee of the competitor and paying her a
bonus to tell you the competitor’s secrets
C. Hiring a researcher to review all available information about
the competitor, including patents, types and names of employees hired, reports
by the competitor, including all SEC filings
D. Hacking into the competitor’s computer systems to find out
what you need

28) From a practical perspective, what are some of the elements
of Sarbanes-Oxley?
A. Ensuring transparency, accountability and internal controls
B. Ensuring companies are profitable
C. Ensuring that CEOs do not make more than 10 times the lowest
paid employee
D. Ensuring that large shareholders do not have board
representation

29) Under Title IX of the Sarbanes-Oxley Act, the penalty for
someone who certifies “any statements as set forth in subsections (a) and (b)
of this section knowing that the periodic report accompanying the statement
does not comport . . .” is
A. No more than $1,000,000.00 or imprisoned no more than 10
years, or both
B. No more than $500,000.00 or imprisoned no more than 6 months,
or both
C. No more than $2,000,000.00 or imprisoned no more than 3
years, or both
D. No more than $5,000,000.00 or imprisoned no more than 20
years, or both

30) Which is prohibited under the Sarbanes-Oxley Act?
A. High salaries for corporate executives
B. Using an independent accounting firm for audit purposes
C. Public companies making personal loans to their directors and
executives
D. Directors and executives attending board meetings on a
regular basis