UOP LAW 531 Week 6 Final Examination

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LAW 531 Week 6 Final Exam

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• Ann is troubled with the noise from an old
  generator set up by her neighbor Jose at his
  residence. The noise the generator makes is
  unbearable. Ann sues Jose for nuisance. Will she
  succeed?
• Yes, because the noise is interfering with Anns
  use and enjoyment of the land.
• No, because the generator is not on her property.
• No, because she cannot interfere with Joses
  personal matters.
• No, because it is a reasonable noise.
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• 2. Which of the following is likely to be
  forbidden by Title VII?
• Discrimination against a woman solely because she
  is a lesbian.
• Discrimination against a man solely because of
  his gender.
• Discrimination against a black woman solely
  because of her religion.
• Discrimination against a person of French
  ancestry because he talks like an Englishman.
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• 3. Gath Meat Packing Company is a meat processing
  business. To reduce costs and increase profits,
  the president and CEO of Gath orders Gaths
  employees to violate federal criminal meat
  processing laws. The United States Department of
  Justice prosecutes Gath for criminal violations
  of the meat processing law. Has Gath committed
  criminal violations?
• Yes, because the president and CEO, a high-level
  administrator of Gath, authorized the commission
  of the crimes.
• No, because the board of directors did not
  authorize the president and CEO or the other
  employees to violate federal law.
• No, because a corporation is not liable for most
  crimes committed by its agents.
• Yes, because a corporation is always liable for
  the crimes committed by its agents.
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• 4. For which of the following would a shareholder
  derivative action be appropriate?
• The shareholder alleges that the corporation has
  violated the shareholders preemptive right.
• The shareholder alleges that the board of
  directors has imprudently managed the
  corporation.
• The shareholder has refused a request that
  his/her accountant be permitted to look at the
  corporate accounting records.
• The shareholder alleges that the corporation has
  been paying dividends to a previous shareholder
  from whom the shareholder purchased his/her
  shares.
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• 5. To prove his or her due diligence defense
  under the Securities Act Section 11 with regard
  to audited financial statements, an officer of
  the issuer must prove which of the following?
• The officer had no intent to misstate or omit a
  material fact in the audited financial
  statements.
• The officer had no reason to believe the
  financial statements omitted or misstated a
  material fact.
• The officer made a reasonable investigation into
  the accuracy of the audited financial statements.
• The officer believed the financial statements did
  not omit or misstate a material fact.
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• 6. _________ is the plaintiffs voluntary consent
  to a known danger.
• Negligence per se
• Comparative negligence
• Assumption of risk
• Contributory negligence
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• 7. Calvin tells Sara that he will sell her his
  car for 5,000. Sara agrees. The exchange is to
  take place in 10 days. The contract between
  Calvin and Sara is now _____.
• bilateral, executor, and implied
• bilateral, executed, and voidable
• unilateral, executor, and valid
• bilateral, executor, and express
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• 8. Which of the following is true about a sole
  proprietorship?
• A sole proprietorship is a legal entity.
• A sole proprietorship cannot sue or be sued.
• A sole proprietorship as a form of business can
  be transferred to someone else.
• A sole proprietorship has a life of its own apart
  from its owner.
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• 9. _____________ means the accused failed to
  perceive a substantial risk of harm that a
  reasonable person would have perceived.
• Exculpation
• Recklessness
• Duress
• Negligence
• 10. The board of directors of Filex Corporation,
  at a regular meeting of the board, entered into a
  contract with Ginger Grant, one of the directors.
  This contract called for Filex to purchase 120
  acres of land from Ginger. Of the ten members on
  the board, eight were present at the meeting. One
  of the directors present was Ginger. All the
  other directors were disinterested in the
  transaction and not related to Ginger. After a
  lengthy discussion, six directors voted in favor
  of the contract and two voted against it. Ginger
  voted for the contract. Which of the following is
  true?
• The contract is valid since it was approved by a
  majority of a quorum of the board.
• The contract becomes void if the corporation
  proves that the contract was unfair to it.
• The contract is voidable unless Ginger proves
  that the contract is fair to the corporation.
• The contract between Ginger and the corporation
  is illegal and invalid.
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• 11. A limited partnership
• May not have a corporation as a general partner.
• May be taxed either as a partnership or as a
  corporation.
• May be created by default.
• Dissolves when a partner dies.
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• 12. A method of alternative dispute resolution
  in which a neutral third party helps the parties
  reach a resolution of the dispute by facilitating
  communication, clarifying areas of agreement,
  helping see each others viewpoints, suggesting
  settlement options, but who cannot make decisions
  that bind the parties, is called _______.
• ministerial
• conciliations
• arbitration
• mediation
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• 13. Jacobs put an old typewriter in the trash.
  The trash collector, Land, took the typewriter,
  fixed it up, and sold it to Jones for 750.
  Jacobs contends that he is entitled to some or
  all of the 750 that Land received from Jones.
  Based on these facts
• Jacobs is entitled to recover the typewriter from
  Jones.
• Land is entitled to keep the full 750 because
  Jacobs had abandoned the typewriter.
• Jacobs is entitled to the 750 because Land paid
  Jacobs no consideration for the typewriter.
• Land is entitled to the value of the improvements
  he made, but Jacobs is entitled to the difference
  between the 750 Land received and the value of
  the improvements Land made.
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• 14. Which of the following is true regarding the
  principle of separation of powers?
• The President can allow the Supreme Court to
  overturn very broad delegation of power to
  administrative agencies.
• The Constitution seeks to ensure that
  governmental powers remain accountable to the
  public will.
• Congress is allowed to create an administrative
  agency only if Congress, rather than the
  President, will appoint the commissioners or
  board members of the agency.
• The congressional delegation of legislative power
  to an agency in its enabling legislation may
  never be challenged.
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• 15. In which of the following cases does apparent
  authority arise?
• When a principal causes a third party to believe
  that the agent is authorized to act in a certain
  way.
• When a principals manifest consent is
  communicated directly to the agent.
• When an agent reasonably believes that the
  principal wants him to act in a certain way.
• When a person falsely represents himself as an
  agent of a principal to a third party.
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• 16. According to the law, crimes are statutory
  offenses this essentially means that
• The prevention of crime should include deterrence
  and rehabilitation.
• Courts may assess punitive damages in order to
  punish the wrongdoer.
• It must be proved that the crime is dangerous or
  detrimental to society.
• A behavior is not a crime unless a state
  legislature has criminalized it.
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• 17. Ted is the president of Soprano Corporation
  (SC). Ted decided to have SC manufacture large,
  gas-guzzling SUV automobiles just before gasoline
  prices rose dramatically. As a result, SC lost
  billions of dollars. The shareholders of SC want
  to sue Ted for this bad decision that cost them
  billions. However, Ted had made a reasonable
  investigation before making this decision, he had
  a rational basis for it, and he had no conflicts
  of interest regarding this decision. What would
  be the probable outcome if the shareholders file
  a suit?
• Ted is liable under the ultra vires rule.
• Ted is liable under the various liability rule.
• Ted is not liable under the corporate protection
  rule.
• Ted is not liable under the business judgment
  rule.
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• 18. Which of the following is also called
  judgemade law?
• Statutes
• Equity
• Uniform acts
• Common law
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• 19. Reggie went to the Napa Valley Harvest
  Festival, when he stopped at Tracys booth where
  she was selling paintings of vineyards. Reggie
  admired a painting of vineyards that did not
  appear to be for sale. Reggie said to Tracy, I
  will give you 200 for that painting right now.
  Tracy said nothing in response but she gave
  Reggie the painting, and Reggie gave her 200 in
  cash. This is an example of a contract that is
  now _____.
• unilateral and executor
• bilateral and executor
• bilateral and executed
• unilateral and executed
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• 20. Under the doctrine of federal jurisdiction, a
  corporation is
• A citizen of only the place where it has been
  incorporated.
• A citizen of only the state where it has its
  principal place of business.
• A citizen of that state which has enacted a long
  arm statute and thus has jurisdiction.
• A citizen of both its place of incorporation and
  the state where it has its principal place of
  business.
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• 21. Which of the following is true about cases
  regarding the intentional infliction of emotional
  distress?
• The plaintiff must be emotionally susceptible in
  order to recover.
• All courts require that the plaintiffs emotional
  distress have physical manifestations.
• The defendant should exhibit sufficiently
  unreasonable behavior for liability.
• The plaintiffs emotional distress must be
  severe.
• 22. Which of the following statements is true of
  copyright?
• Copyrights for work-for-hire last for 50 years.
• Copyrights and patents last forever.
• Congress enacts copyright rules under the WIPO.
• There are different copyright rules for pre- and
  post-1978 works.
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• 23. A plaintiff will succeed against her employer
  in a disparate treatment case under Title VII if
  she can prove that _____.
• her employer rarely approves of her requests for
  leave of absence
• her employer discriminates against her on the
  basis of race
• her employer does not pay her well
• her workload is very high
• 24. The damages recoverable in a patent
  infringement case cannot be less than
• three times the damages actually suffered, and to
  be decided by the court.
• court costs and interest.
• reasonable royalty for the invention by the
  creator.
• reasonable royalty for the use of the invention
  by the infringer.
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• 25. A contract in which one or more parties have
  the legal right to cancel their obligations under
  the contract is called a(n)
• valid contract
• void contract
• unenforceable contract
• voidable contract
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• 26. An essential element of a tort is that the
  alleged defamatory statement must be of and
  concerning the plaintiff. Why?
• It is extremely difficult to prove.
• It aims to protect reputation.
• It concerns public figures.
• It places the burden on the defendant.
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• 27. Which of the following is an accurate
  statement about powers delegated to and possessed
  by administrative agencies?
• Most administrative agencies are given restricted
  powers to comply with the constitutional
  principle of separation of powers.
• An agencys rulemaking power would be classified
  as discretionary power rather than ministerial.
• The most important administrative agencies
  typically possess rulemaking powers but lack
  adjudicatory powers.
• Modern courts tend not to uphold the validity of
  broad delegations of power by Congress to
  administrative agencies.
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• 28. Which of the following is true of a persons
  capacity to be a principal or an agent?
• To be an agent, a person must have the capacity
  to perform non-delegable obligations for the
  principal.
• To be an agent, a person must have the ability to
  make his own contracts, independent of the
  principal.
• A principal must have the capacity to do the acts
  for which the agent has been retained.
• Any duty that a principal has the capacity to
  perform can be delegated to an authorized agent.
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• 29. The typical dissolution of a corporation
  requires approval of the _____.
• creditors of the company
• merger company
• shareholders
• board of directors
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• 30. A long arm statute allows
• Criminal courts jurisdiction over civil cases
• State courts more power than federal ones
• Appellate courts to hear new cases
• Courts jurisdiction over out-of-state defendants
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• About Author
• This article covers the topic for the University
  Of Phoenix LAW 531 Final Exam Week 6 the author
  is working in the field of education from last 5
  years. This article covers the basic of LAW 531
  Final Exam Week 6 from UOP. Other topics in the
  class are as follows
• LAW 531 Week 1 the Legal System and ADR Analysis
• LAW 531 Week 1 Knowledge Check
• LAW 531 Week 2 Business Forms Worksheet
• LAW 531 Week 2 IRAC Brief
• LAW 531 Week 2 Knowledge Check
• LAW 531 Week 3 IRAC Brief
• LAW 531 Week 3 Knowledge Check
• LAW 531 Week 4 Contract Creation and Management
  Simulation
• LAW 531 Week 4 IRAC Brief
• LAW 531 Week 4 Knowledge Check

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• LAW 531 Week 6 IRAC Briefs
• LAW 531 Week 6 Knowledge Check
• LAW 531 Week 1 Complete
• LAW 531 Week 2 Complete
• LAW 531 Week 3 Complete
• LAW 531 Week 4 Complete
• LAW 531 Week 5 Complete
• LAW 531 Week 6 Complete
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