module 5

Question 1

1. Harry and Ron, who have been friends for many years, make a contract for the sale of a bike for $100. If Harry and Ron are not minors, would the contract be enforceable?
   A. Yes
   B. No
   C. Only if the contract is in writing.
   D. Only if a third party witnesses the contract.
   E. Not if either party decides to change its mind.
   F. None of the above is the single best answer

Answer 1

A

Question 2

2. Fred agrees to lease his retail space to George for nine months, with the lease to begin six months
   from the signing of the contract. Under the statute of frauds, _________________.
   A. the lease is required to be in writing
   B. the lease is not required to be in writing
   C. the contract is voidable
   D. a contract is not formed, and there is no current agreement
   E. a contract is not formed because the statute of frauds does not include leases
   F. None of these statements correctly complete the sentence.

Answer 2

A

Question 3

3. Draco manufactures and sells fake Rolex watches. Consequently, Draco could be sued for the
   intentional tort of __________________.
   A. conversion
   B. copyright infringement
   C. theft of a trade secret
   D. negligence
   E. palming off
   F. None of these statements correctly complete the sentence.

Answer 3

E

Question 4

4. Dumbledore has just created a new software program that he wants to market and sell to the public.
   He has come up with a unique name. He is concerned that one of the big high-tech firms may try to
   steal his idea. What forms of intellectual property protection should he consider?
   A. A patent for the software program and copyright protection for the name.
   B. A patent for the software program and a trademark registration for the name.
   C. Copyright protection for the software program and a trademark registration for the name.
   D. Copyright protection for the software program and a patent for the name.
   E. A trademark registration for the software program and a patent for the name.
   F. None of the above is the single best answer

Answer 4

C

Question 5

5. Why would someone choose to incur the time and cost of obtaining a patent for an invention?
   A. To have the right to make the invention public.
   B. To have the right to sell the invention to the public.
   C. To have the exclusive rights in the invention for 90 years.
   D. To have the right to exploit the invention indefinitely without any competition.
   E. To have the exclusive rights in the invention for 20 years.
   F. None of the above is the single best answer

Answer 5

E

Question 6

6. Which of the following principles is NOT applicable to trademarks?
   A. A trademark should be distinctive.
   B. A trademark should not cause confusion with previous trademarks.
   C. A trademark should be capable of distinguishing goods or services.
   D. A trademark must be registered to be enforced.
   E. A trademark should not be deceptive.
   F. None of the above is the single best answer

Answer 6

D

Question 7

7. Which of the following cannot be protected by copyright?
   A. musical compositions
   B. literary works
   C. computer software and hardware
   D. folklore tales
   E. paintings
   F. None of the above is the single best answer

Answer 7

D

Question 8

8. Which law passed by Congress prohibits discrimination based on race, color, religion, gender, or
   national origin in any term or condition of employment?
   A. Equal Pay Act
   B. Title VII of the Civil Rights Act of 1964
   C. Age Discrimination in Employment Act
   D. ADA
   E. Quid Pro Quo
   F. None of the above is the single best answer

Answer 8

B

Question 9

9. Which of the following is NOT a suggestion offered to assist a supervisor in preventing sexual
   harassment in the workplace?
   A. Take appropriate disciplinary action when an act of sexual harassment occurs.
   B. Inform employees of their right to raise sexual harassment claims.
   C. Express strong disapproval.
   D. Give employees information about how to file suits against sexual harassment offenders.
   E. Train employees in what constitutes sexual harassment.
   F. None of the above is the single best answer

Answer 9

C

Question 10

10. Which of the following statements is incorrect?
    A. The employer-employee relationship is the most prevalent type of employment relationship.
    B. The formal agreement which specifies the employment terms and conditions for the
    employee and the employer is called an employment contract.
    C. There are some exceptions to employment-at-will, such as statutory requirements for
    nondiscriminatory termination.
    D. An employer does not incur any legal responsibilities or liabilities regarding its employees.
    E. A business must comply with any regulation
    F. None of the above is the single best answer

Answer 10

D

Question 11

11. The role of administrative agencies is to _______________.
    A. develop, create and implement the law
    B. interpret, facilitate and enforce the law
    C. render decisions in court cases regarding employment law
    D. facilitate greater communication between courts
    E. persuade Congress to enact laws that are favorable to specific companies
    F. None of these statements correctly complete the sentence

Answer 11

B

Question 12

12. The liability of a manufacturer or seller for injury to purchasers, users, and third parties is known
    as ________________.
    A. customer care liability
    B. consumer liability
    C. product liability
    D. purchase liability
    E. disparagement
    F. None of these statements correctly complete the sentence

Answer 12

C

Question 13

13. All the following are the elements that a plaintiff must prove to be successful in establishing the
    defendant’s negligence in a lawsuit, EXCEPT:
    A. warranty
    B. actual cause
    C. duty to exercise reasonable care
    D. breach of duty
    E. injury or damages resulted to the plaintiff
    F. None of the above is the single best answer

Answer 13

A

Question 14

14. A liability without the necessity of proving fault is a ________________.
    A. business liability
    B. employer liability
    C. vicarious liability
    D. strict liability
    E. tortuous liability
    F. None of these statements correctly complete the sentence

Answer 14

D

Question 15

15. Which of the following is NOT an intentional tort?
    A. breach of contract
    B. assault
    C. theft
    D. disparagement
    E. palming off
    F. None of the above is the single best answer

Answer 15

A

Question 16

16. Which of the following are elements of an enforceable contract?
    A. agreement
    B. consideration
    C. fair-use
    D. written documentation
    E. responde at superior
    F. None of the choices is an element of an enforceable contract

Answer 16

A, B

Question 17

17. What is the Statute of Frauds?
    A. Any statute that lists the elements of fraud.
    B. A statute that determines whether a contract has been breached.
    C. A statute that requires certain contracts to be in writing and signed by the parties involved.
    D. A statute that says fraudulent contracts are voidable.
    E. A statute that says fraudulent contracts are void.
    F. None of the above is the single best answer.

Answer 17

C

Question 18

18. Lucius Malfoy agreed to paint the four bedrooms of Voldemort’s house for $3,000 with the full
    amount paid at completion. After preparing the walls for painting and painting a primer coat in one
    bedroom, Voldemort tells Malfoy to quit painting the house because he has changed his mind about
    having the job done. Voldemort refuses to pay Malfoy anything for the work already completed since no
    payment was due until completion. Can Malfoy successfully sue Voldemort for breach of contract and, if
    so, for what amount?
    A. No, because Voldemort has a right to withdraw his offer at any time before completion.
    B. No, because no money was due before completion.
    C. Yes, for the full $3,000.
    D. Yes, for the value of the work Malfoy had completed.
    E. Yes, for the cost of the paint only, but nothing for Malfoy’s labor
    F. None of the above is the single best answer.

Answer 18

D

Question 19

Regulation refers to ______________.
A. rules developed by a trade group
B. rules administered by a government agency
C. laws upheld by the Supreme Court
D. laws created to prevent monopolies
E. laws created to protect free trade agreements
F. None of these statements correctly complete the sentence

Answer 19

B

Question 20

20. A defendant will NOT be held liable for a plaintiff’s injuries in a negligence case if _____________.
    A. he did not know he had harmed the plaintiff
    B. the injuries the plaintiff suffered were not reasonably foreseeable
    C. he did not intend to harm the plaintiff
    D. he did cause the plaintiff’s harm, but only because he was helping someone else
    E. the injuries the plaintiff suffered were minor
    F. None of these statements correctly complete the sentence

Answer 20

B

Question 21

21. On November 2, Bellatrix said to Neville that she would pay him $100 if he would rake all of the
    leaves in her yard. Neville does not say anything to Bellatrix about whether he will rake the leaves or
    not. On November 4, Neville rakes the leaves and asks Bellatrix for the $100. Bellatrix refuses to pay
    Neville and thanks him for the gift of raking. Can Neville force Bellatrix to pay him?
    A. No, because Bellatrix’s statement to Neville on November 2 was not an offer.
    B. No, because Bellatrix’s offer had lapsed so it could not be accepted.
    C. No, because Neville never communicated his acceptance of the offer to Bellatrix.
    D. Yes, because the owner of a house has to pay anybody who does work on the house.
    E. Yes, because Neville’s conduct in raking the leaves amounted to the communication of
    acceptance.
    F. None of the above is the single best answer

Answer 21

E

Question 22

22. In which the following circumstances will an original offer become terminated?
    A. When information is requested about the offer.
    B. When the offeree rejects the offer.
    C. When a counteroffer is made.
    D. When the offer is withdrawn.
    E. If thirty days pass without a response from the offeree.
    F. None of these circumstances will terminate an original offer

Answer 22

B, C, D

Question 23

23. Which of the following are not specifically protected by intellectual property legislation?
    A. trade secrets
    B. trademarks
    C. copyright
    D. patent
    E. None of these choices is protected by intellectual property legislation

Answer 23

A

Question 24

24. A trade secret might include which of the following?
    A. a customer list
    B. a company slogan
    C. a manufacturing process
    D. a distinctive company logo
    E. a product name
    F. None of the above is the single best answer

Answer 24

A, C

Question 25

25. Which of the following terms stipulates that both an employer and an employee may terminate the
    employment relationship at any time and for any reason, so long as the termination does not violate a
    statutory law or an employment contract?
    A. restatement of contracts
    B. fair-use doctrine
    C. mutual assent
    D. at-will employment
    E. bona fide occupational qualification (BFOQ)
    F. None of the above is the single best answer.

Answer 25

D

Question 26

26. Which of the following characteristics indicate membership in a protected class under the Civil
    Rights Act of 1964?
    A. race
    B. color
    C. national origin
    D. religion
    E. age
    F. None of the above is the single best answer

Answer 26

A, B, C, D

Question 27

27. Hostile environment sexual harassment occurs when any of the following are present in the
    workplace EXCEPT ______________.
    A. inappropriate touching
    B. appropriate jokes or stories
    C. sexual pictures, calendars, or graffiti
    D. repeated unwanted phone calls, gifts, or letters
    E. a female employee asks a male coworker to go on a date
    F. None of these statements correctly complete the sentence

Answer 27

B, E

Question 28

28. Ginny, who is a graduate of the University of Wisconsin, is conducting interviews to fill a production
    manager position at her company. Of all the candidates that she interviewed, Dobby by far had the best
    qualifications. Ginny refuses to hire Dobby because he went to The Ohio State University and she can’t
    stand the Buckeyes. What can Ginny legally do in this situation?
    A. Ginny must hire Dobby because he has the best qualifications.
    B. Ginny must hire Dobby because he is a member of a protected class.
    C. Ginny must hire Dobby if he agrees not to speak of the Buckeyes while at work
    D. Ginny does not have to hire Dobby only if she can find someone with better qualifications.
    E. Ginny does not have to hire Dobby.
    F. None of the above is the single best answer

Answer 28

E

Question 29

29. Quid pro quo sexual harassment occurs when ____________________.
    A. an employee loses benefits because they refused to grant a sexual favor
    B. a manager requests a sexual favor from an employee
    C. two employees go out on a date
    D. an employee is promoted because they granted a sexual favor
    E. inappropriate jokes or stories are repeatedly told in front of members of the opposite sex
    F. None of these statements correctly complete the sentence

Answer 29

A, B, D

Question 30

30. Hedwig delivers packages for Hogwarts Parcel Service. While making a delivery within the scope of
    her employment, Hedwig causes an accident in which Minerva is injured. Minerva can recover
    damages from _______________.
    A. Hedwig only
    B. Hogwarts only
    C. Hedwig or Hogwarts, but not both
    D. Hedwig and Hogwarts
    E. neither Hedwig nor Hogwarts
    F. None of the above is the single best answer.

Answer 30

D