ETH321T Week 4 Practice Assignment (2020)

ETH 321

Week 4 Practice Assignment

1.     What is the correct definition of assignee?

o   A person accepting contract duties o   A person accepting contract rights o   A person making a contract assignment o   A person transferring contract duties

2.     Which of the following contracts are not required to be in writing?

o   A contract between Glinda and her mother for her to not marry her boyfriend Harry. o   A contract for labor intended to finish before one year o   A contract to lease property with a guaranty contract o   A contract to sell real estate, with $800 per month payments

3.     Callie wants to work for an insurance firm. Before she is hired, the firm wants her to sign a non-compete agreement that she will not work for any other insurance firm in the state or any surrounding state for the next ten years. Which of the following is most likely true?

o   This agreement is legal as long as Callie can find a job at least one year after she quits. o   This agreement is probably too excessive to be enforceable. o   This agreement is legal and enforceable. o   This agreement is illegal and punishable under usury laws.

4.     Claire and Donny want to use a contract to enforce a business deal. Which of the following would most solidly enforce to terms of their agreement?

o   An informal, implied contract o   An informal, express contract o   A formal, express contract o   A formal, implied contract

5.     Stetzon, a merchant, makes an unconscionably unfair deal with another merchant, Cheri. Cheri wants to pursue a remedy when she discovers her disadvantage in the contract. What recourse does Cheri have under UCC?

o   Cheri may rewrite the contract, to which Stetzon must comply. o   As a merchant, Cheri has no recourse. o   Cheri may have a court alter the contract. o   Cheri may wholly void the contract.

6.     What are punitive damages?

o   Damages awarded to cover a foreseeable loss o   Damages awarded to punish gross breaches of contract o   Damages awarded when non-breaching party sues a breaching party o   Damages awarded to return a non-breaching party to its former position

7.     What is the correct definition of offeror?

o   Offeror's withdrawal o   Offeree's refusal o   Person who receives an offer o   Person who sets the terms of an offer

8.     What are compensatory damages?

o   Damages awarded to cover a foreseeable loss o   Damages awarded to return a non-breaching party to its former position o   Damages awarded when non-breaching party sues a breaching party o   Damages awarded to punish gross breaches of contract

9.     What is the definition of Fraud?

o   An intentional misrepresentation of material fact o   A unilateral of bilateral misunderstanding of value or fact o   Pressure exerted on a person to force him or her to perform under serious threat o   Domination of another person so thoroughly as to remove free will

10.  Which of the following would most likely qualify as substantial performance?

o   Vivian is under contract to paint 10 paintings, but only finished 8 because she is offered a more lucrative contract from someone else. o   Leroy doesn't finish his last 3 days of yard work under contract because his mother has a medical emergency. o   Lily contracts to paint house green, but decides to paint it blue instead. o   Out of spite, Wally stops performing work 10 days before his contract is finished.

11.  Lou picks up a desktop mouse he finds lying on a desk at school. The next day Travis recognizes the mouse as the one he left behind the day before but tells Lou he "might as well have it." The mouse is:

o   A gift o   Abandoned property o   Mislaid property o   None of the above

12.  Which of the following is a definition of novelty?

o   An invention's characteristic of advancing ideas or stepping forward o   How an invention works o   Usefulness of an invention o   Newness of an invention

13.  Which of the following would most likely be considered fair use?

o   Playing a newly-released movie at a free drive-in movie o   Selling copies of music CDs that you burned yourself. o   Replicating the choreography of a famous dancer for use in your own stage production o   Playing an actor's short film in school and doing a speech review of the work.

14.  Perry started a new company called Thixxix, along with a distinctive trademark mark meant to identify the company. Perry doesn't bother to register the trademark. The year following the creation of his company, Perry sees a trademark logo for another company that looks just like the mark for Thixxix. Which of the following is true?

15.  Torey broke into a competitor's office to steal a trade secret. She is eventually caught. If she has gained from the use of the trade secret, which of the following is true?

o   Torey must stop using the trade secret for her benefit. o   More than one response is correct. o   Torey must give the profits she has made to the competitor. o   Torey will pay her competitor for lost profits.

16.  BooneTech has a superior instrumentation system for doing work in its factory. It regularly offers tours so people can come and observe the special equipment. When a competitor begins to use similar equipment, BooneTech sues the competitor for utilizing a trade secret. Which of the following is true?

17.  Which of the following is the correct definition of utility?

o   Usefulness of an invention o   An invention's characteristic of advancing ideas or stepping forward o   How an invention works o   Newness of an invention

18.  Which of the following is the correct definition of non-obviousness?

o   Newness of an invention o   Any process, machine, manufacture, or composition of matter o   Usefulness of an invention o   An invention's characteristic of advancing ideas or stepping forward

19.  Jerry wants to rent out living space to a tenant. He wants the benefit of steady rent payments and the ease of evicting the tenant when he feels it would be convenient. Jerry also wants to formalize the tenancy with a rental agreement so that his rights and privileges are explicitly accounted for and agreed to in writing. Which form of tenancy should Jerry use in renting out his space?

o   Tenancy at sufferance o   More than one option is correct o   Tenancy at will o   Periodic tenancy

20. A __________ may have an infinite duration.

o   Tenancy at will o   Tenancy at sufferance o   More than one option is correct o   Periodic tenancy

 

ETH321T Week 3 Practice Assignment (2020)

ETH 321

Week 3 Practice Assignment

1.    Lexi buys a food processor and uses it without any problems. She loans the processor to Jill, and Jill is injured when a part flies off the machine.  If the former rule of privity of contract were in place, which of the following is true?

o   Lexi can hold the manufacturer liable for Jill's injury. o   Jill can hold the manufacturer liable for her injury. o   Jill can hold the manufacturer liable for her injury as long as Lexi was in the room when she got hurt. o   Jill cannot hold the manufacturer responsible for her injury.

2.    For years, Lily has been thinking up a plan to pull off a perfect bank robbery. She tells someone about her plans but never robs the bank. Which of the following is true?

o   Lily has committed a crime because robbing a bank is a serious offense. o   Lily has committed a crime because she told someone about her plan. o   Lily has not committed a crime if it is determined that her intent is not real. o   Lily has not committed a crime because she never acted on her plan.

3.      What is the definition of the business crime of fraud?

o   Permanent taking of property against a fiduciary relationship o   Conducting transactions with money which has been obtained through illegal means o   Agreement and planning to commit another crime o   Use of false pretenses to obtain property

4.      What is the definition of insanity as a defense to crime?

o   The defendant lacks understanding of what is right or wrong o   Trauma, illness, or a mental condition inhibits the defendant from being able to commit a crime o   The defendant's crime was committed due to unintentional misunderstanding o   The defendant is impaired from an ability to commit a crime with intent

5.    Which of the following is true of defamation?

o   The defamatory information may or may not be true to be actionable. o   A defamation tort exists whether the defamatory information was spread accidentally or on purpose. o   A defamation tort only exists when ten or more people hear the defamatory information. o   Both B and C

6.    Rank these types of crimes from most to least serious:

 

o   Capital, misdemeanor, felony, infraction o   Infraction, felony, misdemeanor, capital o   Capital, felony, misdemeanor, infraction o   Felony, infraction, capital, misdemeanor

7.    Which of the following classifies as a tort?

o   Kidnapping o   Embezzlement o   Assault o   Burglary

8.    Which of the following would least likely qualify as trespass to chattel?

o   Having your neighbor's cat spayed while your neighbor is on vacation o   Dying your boss's suit pink as a prank o   Borrowing your dad's car to get it waxed o   Conducting a cyberattack to infect a victim's computer with spyware

9.    Which of the following is not a case of negligence?

o   A butcher plays audio of howling dogs in the back of his shop to prank customers o   A doctor prescribes the wrong pills to a patient o   A building manager fails to repair an elevator and people get stuck inside o   A driver falls asleep at the wheel and causes an accident

10.   What is the definition of the business crime of larceny?

o   Taking property under threat of force o   Permanent taking of property against a fiduciary relationship o   Unlawful entrance with intent to commit a crime o   Unlawful, permanent taking of personal property

11.   What is the result of frolic and detour?

o   Removes liability from an employer while an employee pursues personal interests o   Imposes liability on an employer when an employee pursues both personal and business interests o   Removes liability from an employer while an employee is commuting

12.   Jill and Carey have an agency relationship wherein Carey serves as an agent finding painting contracts for Jill. When Carey gets pregnant and wants to stop working for Jill:

o   Carey has a duty to finish residual obligations under the agency. o   Jill has a duty to finish residual obligations under the agency. o   Carey may not terminate the agency without Jill's approval. o   Jill can do nothing.

13.   Which of the following would be considered a situation of illegal employment discrimination?

o   Rose, who has a disability, is rejected from a job position because she didn't like the accommodation the employer offered her. o   Gray, who has a disability, is rejected from a job position because he doesn't meet the essential job function qualifications. o   Marianne, who has a disability, is rejected from a job position because her employer has no experience accommodating persons with disabilities. o   Nicole, who has a disability, is rejected from a job position because her employer would have to pay too much for her accommodation.

14.   Shane's business was recently forced by the OFFCP to enact an affirmative action plan in order to equalize the predominantly-white workforce. Jerome, a minority member, applies for the job and is rejected. Which of the following is true?

o   Shane doesn't have to hire Jerome if he doesn't meet the job's specifications. o   Jerome was required to be hired for Shane's business, and he may sue Shane's business. o   None of the above are true. o   Jerome was required to be hired for Shane's business, and the OFCCP can sue Shane's business.

15.   UrbanoCorp fires Alyssa, a 40-year-old employee. Which of the following is false?

o   If UrbanoCorp has less than 20 employees, it doesn't have the burden of proving it had a legitimate reason for firing Alyssa. o   If UrbanoCorp has more than 20 employees, Alyssa has the burden of proving the company fired her because of her age. o   If UrbanoCorp has less than 20 employees, Alyssa can't sue the company for age discrimination. o   If UrbanoCorp has more than 20 employees, it will have the burden of proving it had a legitimate reason for firing Alyssa.

16.   Quintin is a floor manager at a manufacturing plant. He oversees a diverse group of more than 50 employees. Based on what he feels are their natural abilities, Quintin has his African American workers on the assembly line, his white workers in Packing, and Hispanic workers in Receiving. Which of the following is true?

o   Quintin's work assignments are unallowable because they give more favorable positions to Quintin's preferred class of worker. o   Quintin's work assignments are unallowable because they segregate and classify employees. o   Quintin's work assignments are allowable because his work force is diverse and nobody is being treated unfairly. o   Quintin's work assignments are allowable because his discrimination doesn't affect hiring or the conditions of employment.

17.   DJ, an agent, is negotiating contracts for his boss's company. While in the course of seeking out contracts for his boss, DJ discovers a business opportunity that he would like to take advantage of. Which of the following is true?

o   DJ may take advantage of his own business opportunities. o   DJ may take advantage of the opportunity as long as it does not conflict with the interests of his boss and the agency relationship. o   DJ may not take advantage of his own business opportunities. o   DJ May not take advantage of the opportunity unless he ends his agency relationship with his boss.

18.   Shannah is a facilities coordinator working for a public university. She oversees a dozen employees doing custodial work and often ends up working over 40 hours per week. Which of the following is true?

o   Shannah may be paid with compensatory time. o   Shannah is an exempted employee. o   More than one answer is correct. o   Shannah does not have to be paid overtime pay.

19.   Which of the following was not an effect of the Norris LaGuardia Act?

o   Prohibition against yellow dog contracts o   Rules removing unionization activities from the Sherman Act prohibitions o   Prohibition of federal injunctions in labor disputes o   Rules concerning collective bargaining

20.   What is the definition of Wildcat strike?

o   A strike used by a union to make management follow the law o   A strike used by a union to make management meet its demands o   A strike not authorized by the union

21.   Red is a union official. He is faced with a problem when a union member breaks a union bylaw. To address the union member's fault, Red and union officials meet together and decide to kick the union member out of the union. Which of the following is true?

o   The officials may discipline the union member without question. o   The officials may do nothing. o   The officials may discipline the union member only if he committed a crime. o   The officials may discipline the union member after hearing his case.

22.   Which of the following is false concerning workers' concerted activity?

o   Only union members may engage in concerted activity. o   Concerted activity is any effort of employees to join together to seek improvements in working conditions. o   Concerted activity is protected under Section 7 of the NLRA. o   Workers are protected from employer discrimination when they engage in concerted activity.

23.   With respect to labor unions, employers used __________ to halt early unionizing efforts.

o   Yellow dog contracts o   Federal injunctions o   Antitrust laws o   All of the above

24.   Wages and hours are considered a(n) __________ bargaining subject.

o   Permissive o   Yellow Dog o   Mandatory o   Illegal

25.   Paige used up her 12 weeks of FMLA leave already this year in order to take care of her sick husband. If Paige herself gets a serious medical condition, which of the following is true?

o   Paige's employer can choose not to fire her even if she takes more leave time off. o   Paige is out of FMLA leave and has no recourse. o   More than one response is correct. o   Paige is entitled to 12 weeks of FMLA leave for herself.