Reference: Kubasek Dynamic Business Law the Essentials 5th Edition Book

Practice Questions

Tina Turner claims that Rolling Stone magazine copied some of her music and lyrics without permission. The ___________ provides that a portion of copyrighted work may.r be reproduced without permission for purposes of criticism, comment. news reporting, teaching, scholarships, and research . O fair use O common use O allowable use O educational use O real use Joe Biclen acquired the White House, including all of its tangible property. Tangible property includes: 0 Stocks and insurance policies 0 Bank accounts and patents 0 Furniture and cars 0 Furniture and copyrights 0 Bank accounts and stocks A is a distinctive mark. word, design, picture, or arrangement used by seller in conjunction with a product and tending to cause consumer to identify product with producer. 0 trademark O trade secret O trade dress The Age Discrimination in Employment Act (ADEAJ prohibits employers from refusing to hire, discharging, or discriminating in terms and conditions of employment against employees or applicants age _____ or older. Libby is a barista at Starbucks. She sues Starbucks attempting to proye that a Starbucks policy appears to apply to all employees equally, but its actual effect is that it disproportionately limits employment opportunities for the protected class of women. Libby has filed what type of case under Title VII of the Civil Rights Act of 1'?64? O differential treatment O disparate treatment O disparate impact O deleterious treatment 0 disparate equity Through which of the following theories can an employeeplaintiff prove discrimination under Title VII of the Civil Rights Act of 1954? O disparate impact O disparate treatment, disparate impact. and disparate equity;r O disparate treatment and disparate impact 0 disparate treatment O disparate equity;r Megan Thee Stallion had a battyr and wishes to take as much leave as she can from her work for her record label. The Family and Medical Leave Act guarantees all eligible employees like Megan up to _____ weeks of unpaid leave during any _____ month period for designated familyrelated occurrences. Men and women may be paid different wages under the Equal Pay Act when payment is made pursuant to a ____. O seniority system Q seniority system or a merit system, but not a system that measures earnings by quantity or quality of production O system which measures earnings by quantity or qualityr of production 0 seniority system, a merit system, or a system that measures earnings by quantity or quality of production 0 merit system When is an employer NOT required to offer an employee the option to continue medical benefits under the Consolidated Omnibus Reconciliation Act (COBRA)? Q When the employee quits without notice. 0 When the employee is fired for gross misconduct, the employer decides to eliminate benets for all current employees, or the employee quits without notice. 0 When the employer decides to eliminate benefits for all current employees Q When the employee is fired for gross misconduct. 0 when the employee is fired for gross misconduct or the employer decides to eliminate benefits for all current employees; but not when the employee quits without notice Employers are required to provide a(n) to employees under the Employee Retirement Income Security Act (ERISA) containing information as to how their benefit plan operates, the benefits under the plan, how to apply for such benefits, and other information. O ERISA benefits guide O brochure offering O prospectus summary plan description declaration statementTony Hawk permanently paralyzes his right leg on his last skateboard run. He tries to get ajob at the US Postal Service. but is denied because of his leg. The _____ prohibits discrimination against employees and job applicants with disabilities. 0 Landrum-Griffin Act 0 Wagner Act 0 Americans with Disabilities Act {ADA} 0 Occupational Safety and Health Act {OSHA} Q Fair Labor Standards Act (FLSA) Which of the following is an accurate statement regarding whether an employer may use social media in making hiring decisions? O An employer is prohibited by state law in twenty-one states from using social media in making hiring decisions. 0 An employer may use social media in making hiring decisions, if it is done carefully. O An employer is prohibited by state law in seventeen states from using social media in making hiring decisions. 0 An employer mayr unconditionally and without reservation use social media in making hiring decisions. 0 An employer is prohibited by federal law from using social media in making hiring decisions. You work as a server at a restaurant. You are upset by the way management is treating new employees. so you complain about it in a private Facehook Group for employees of the restaurant, discussing with them how to take action against the management. What law protects your right to initiate group action over work- related issues? O No law protects your actions. 0 Title VII of the Civil Rights Act O The Electronic Communications Privacy Act O The Omnibus Crime Control and Safe Streets Act O The National Labor-Relations Act {NLRAl Tom Cruise wants to end his current movie contract by arguing that it is invalid. What are the elements of a valid contract? )Agreement, consideration, contractual capacity and assent O Offer, acceptance, consideration and assent OAcceptance, consideration, assent, and a legal object Agreement, offer, acceptance, and consideration )Agreement, consideration, contractual capacity and a legal objectConsideration is defined as 0 being cordial in the negotiation of contracts O a bargained-for-exchange O refraining from unethical behavior in the negotiation of contracts 0 a contract negotiated in person rather than by telephone or email 0 being both cordial and refrainig from unethical behavior in the negotiation of contracts Which of the following are examples of people who do not have the capacity to enter into legally binding contracts? O Intoxicated persons and those over the age of majority. O People suffering from physical illness and intoxicated persons. O Minors. people suffering from mental illness. and intoxicated persons. O Those underthe age of 21 and those over the age of 10. O Adults and those suffering from a mental illness. Which of the following are the two primary sources of contract law? O Case law and the Convention on Contracts for the International Sales of Goods (CISG). O Case law and the Uniform Commercial Code (UCC). O The Uniform Commercial Code (UCC) and the Convention on Contracts for the International Sales of Goods (CISG) O Case law and the Restatement (Second) of Contracts O The Convention on Contracts for the International Sales of Goods (CISG) and the Restatement (Second) of ContractsIn a(n) contract, the offeror wants a performance to form the contract. O bilateral O equilateral O unilateral executed O anticipatoryRafael loves old books. He gives Li an offer to buy Li's used book for $25, and Li could really use the money. Li receives the offer, but has eight different used books. What is the problem, if any, with Rafael's offer? O It lacks intent by the offeror. It lacks intent by the offeree. Nothing, it is a valid offer. It lacks communication. It lacks definite and certain terms.Mn} ________ contract is one that contains all the legal elements of a contract. O voidable I have a contract to buy a home owned by a famous country singer. If the home is destroyed by tornado before my purchase contract, the offer ________. O is yoidable O immediately terminates O is still subject to acceptance by the oeree unless the offeror revokes the offer before the offeree accepts it Q applies to other similar property own ed by the offeror 0 becomes the subject of an option contract Quanda receives an offer to contract from an offeror in another state with no indication of how she should respond to the offer. Which of the following is NOT an appropriate way for Quanda to respond to the offer? Mail the response to the offeror. Walk the response to the offeror. Call the offeror. O Email the offeror. Fax the offeror.USA Swimming makes an offer to Michael Phelps to come back and swim for Team USA in exchange for a large salary, but the offer does not tell Michael howr to respond his acceptance. Which of the following is true if no means of communicating an acceptance is specified in an offer? O Acceptance must be made orally or in writing within twenty-four hours. O Acceptance may be made by any reasonable means. 0 No yalid contract may be entered into because the offer must specify a means by which to accept. O The acceptance must be in writing. O The acceptance must be made orally either by telephone or in person. Which of the following are estates that do not include the right to possess the property? O easements, profits and licenses O easements and profits, but not licenses O easements What type of gift is made by a person during his or her lifetime? An intestate distribution )An inter vivos gift O A will codicil A testate distribution A gift inter mortisWhat type of gift is made by a person during his or her lifetime? The object of the patent must be obvious. O The object of the patent must be antiquated. ) The object of the patent must be novel, useful and non-obvious. The object of the patent must be non-utilitarian. ) The object of the patent must be non-obvious.To stop a competitor, McDowell's, from using a trade secret, McDonald's must prove that a trade secret actually existed, that the defendant, McDowell's, acquired the trade secret unlawfully, and ___________. O the inventor successfully patented the trade secret. O the trade secret is the plaintiff, McDonald's, sole intellectual propertyr right. O the defendant, McDowell's. published the trade secret. O the defendant, McDowell's. used the trade secret without the plaintiff's permission. O the plaintiff, McDonald's, had the trade secret for less than 20 years. Lady Gaga owns bank accounts, stocks and insurance policies. These are examples of which of the following types of property? real intangible tangible substantive C illusoryTom Brady lost all of his Super Bowl championship rings. Which of the following is a correct statement regarding lost property? 0 It is property the owner has discarded. Q It is property that the owner has intentionally placed somewhere but forgotten its location. 0 Lost property is the same as mislaid property. Q It is property that the owner has unknowingly or accidentally left somewhere. O In all states. the finder of lost property has an obligation to put a notice in the local newspaper looking for the true owner before the finder of the property can claim ownership