Course Name: MSE 6060 - Legal Implications for Engineering Managers:

Make sure and choose the single best response.

1. A "Cause of Action" is_______________________

a.A legally accepted reason to bring a lawsuit

b.Only a Tort

c.Only Negligence

d.All of the above

2.Punitive damages are most likely to be awarded in a ____________ case

a.Intentional Tort

b.Negligence

c.Criminal

d.Contract

3.The "ingredients" to a cause of action are:

a.Cause and Action

b.Torts

c.Elements

d.Ingredients

4.The law often favors a "reasonable person" or ____________standard

a.fairness

b.Objective

c.Subjective

d.Judicial

5."Breach" means:

a.Backwards

b.Breaking

c.Establishing

d.Causing

6.We all have a legal duty to_________________________

a.Be nice

b.Not expose others to reasonable risks

c.Not expose others to unreasonable risks

d.Give Professor Harter outstanding evaluations

7.The state of mind of the tortfeasor primarily determines whether a tort is negligence or intentional:

a.True

b.False

8.Negligence committed by a physician to a patient is _________________

a.Subjective negligence

b.An intentional tort

c.Strict liability

d.Malpractice

9.Tony Troublemaker starts a fight with Officer Oscar and Tony gets hurt (go figure). Tony sues and the jury finds that Tony's damages are $1,000. The Jury also finds that Tony is 49% at fault because he started the fight. If this is a State that follows "contributory negligence", what is Tony going to collect:

A.nothing

B. $490

C. $1000

D. None of the above

10.Same facts as question #9 but if the State follows "comparative fault", Tony collects:

a. nothing

b. $490

c. $1000

d. None of the above

11. Intentionally writing derogatory false statements about another company could be:

a.Libel

b.Slander

c.negligence

d.Good ethical business practice

12. The Suffix "-ee" usually refers to:

A.The person or thing doing the root word

B.The person or thing the root word is done to

C."Between"

D."Within"

13.The primary difference between a Contract and a Promise is:

A.Contracts are in writing

B.There is no difference

C.All contracts are legally enforceable

D.All contracts contain promises but not all promises are contracts

14.A promise or commitment to perform or refrain from performing some specified future act is a/an:

A.Contract

B.Offer

C.Acceptance

D.Consideration

15.The withdraw of an offer is offer:

A.Withdraw

B.Revocation

C.Recension

D.Retraction

16.An offer can be withdrawn _______________

A.at any time

B.only if specified by time

C.at any time prior to acceptance

D.at any time prior to revocation

17-19. List any three ways an offer may end:

17.___________________________________________________________________________

18.____________________________________________________________________________

19.____________________________________________________________________________

20.Bill says to Matt, "I will sell you my guitar $100."Matt says "no, but I will give you $50 for it." This is best described as:

A.Offer->Rejection->Counteroffer

B.OfferRevocationCounteroffer

C.OfferAcceptanceNew Offer

D.None of the above

21.Simply stated, Promissory Estoppel is reliance on:

A.consideration

B.promise

C.acceptance

D.reliance isn't a factor

22.Restrictive Covenants like a PDA normally restrict the time and:

A.Geography

B.Money

C.Bars and other establishments that serve alcohol

D.Covenants

23.Which of the following Contracts DOES NOT necessarily have to be in writing in order to be legally enforceable:

A.Pre-nuptial agreements

B.co-signors

C.Sale of a house

D.all of the above must be in writing.

24. A lawsuit involving intellectual property always deals with:

a.Infringement

b.Trademarks

c.Copyrights

d.Patents

25.A trademark is good for________

a.5 years

b.10 years

c.15 years

d.life of the owner +70 years

26.A trademark hasn't been copyrighted if the buyer is aware it is a counterfeit

a.True

b.False

27."It's better than fast food, it's Wendy's" is:

a.A service mark

b.A certification mark

cA Trade name

d.A copyright

28. Which of the following IS NOT a factor considered in determining "fair use"

a.Why it was copied

b.What was copied

c.How much was copied

d.Who it was copied FROM

29. A patent is only issued for new, original products

a. true

b. false

30. Which of the following products could Nike obtain a patent for?

a. "Air" Jordan line of shoes

b.It's swoosh logo

c. A golf club with a swoosh on it.

d. none of the above

The "Numbers" game J

Write the appropriate number in each blank:

a.40

b.5

c.180

d.15 (used twice)

e.20

31. The American with Disabilities Act applies to all employers with _______ or more employees

32. A claim under Title VII must be filed within _________ days of the alleged incident

33. The ADEA prohibits discrimination against people over ___________years of age

34. Title VII applies to employers\unions with ___________employees or more.

35. All employers with __________ or more employees must comply with the ADEA.

36. How many types of classes are protected under Title VII__________________________

True/False

37. Private employers can, in addition to Title VII violations, violate an employee's Constitutional Rights.

True/False

38. It is a generally good rule to treat employees differently, as all individuals have unique situations.

True/False

39. Even welcomed sexual advances can qualify as sexual harassment.

True/False

40.The best policy to prevent sexual harassment in the workplace is to always have all incidents reported to one's immediate supervisor

True/False

41. An employee who wants to sue for discrimination must first submit their complaint to the EEOC:

True/False

42-43: Briefly state AND define both types of sexual harassment and provide an example of each:

44-52.

Analyze the following hypothetical and then examine under the elements of a valid contract. The most effective manner will be to sub-divide by element (underline) and you must provide one reasonable argument for why it does or does not satisfy the element. Don't forget damages!Then, simply conclude by stating how you feel a court should most likely rule, including remedy.

Sal put a sign in the window of her 1968 Chevy C-10 pickup that read: "For sale @ $12,300. As is." Bud pulled up next to Sally at a red light. He got her attention and yelled, "Nice truck! You've got yourself a deal, lady! I've got your price in cash, right here." He waved some bills. "Just pull into that parking lot over there." Sal looked at him with surprise. "Well . . . ok. Let's talk."

They parked and got out of their vehicles. Sal regarded Bud skeptically. "You've got $12,300 in cash?" "Yeah," replied Bud. "I'm a truck collector. I sold a nice El Camino this morning and the buyer paid cash. That's why I'm towing an empty trailer." He gestured at his rig. "What's the hurry?" asked Sal. Bud shrugged. "I know a good deal when I see one. Why wait?" "OK," said Sal. "But you have to give me a lift home."

Bud loaded Sal's Chevy onto his trailer and they both climbed into the cab of his truck. On the way to Sal's house, they discussed the truck's value. Bud chuckled, "I'll have to clean it up of course and eat some marketing costs, but I bet I can sell that Chevy for a good $28,000." "What?!" Sal replied with shock. "I'm putting this deal on ice until after I hear from my contracts lawyer." ANALYZE USING IRAC FORMULA and elements of a contract, making definite conclusions. Appropriate responses should be approximately lengthy with clear explanations of all the above