Question 2 Which of the following is a true statement? A. As a general rule, if the Statute of Frauds requires a contract to be evidenced by a writing an oral contract will be unenforceable. B. The “part performance” exception to the Statute of Frauds may permit an oral contract for the sale of land to be enforced merely if part of the purchase price is paid. C. A mortgage represents an interest in personal property and thus can be oral. D. A contract for lifetime employment must be in writing to be enforceable since usually if will be for a long time.

Question 2
Which of the following is a true
statement?
A. As a general rule, if the Statute of
Frauds requires a contract to be evidenced by a writing an oral contract will
be unenforceable.
B. The “part performance” exception to
the Statute of Frauds may permit an oral contract for the sale of land to be
enforced merely if part of the purchase price is paid.
C. A mortgage represents an interest in
personal property and thus can be oral.
D. A contract for lifetime employment
must be in writing to be enforceable since usually if will be for a long time.

Question 4
Which of the following is true
regarding Title VII of the federal Civil Rights Act in the workplace?
a. The plaintiff employee must always
prove a malicious, wrongful intent to discriminate on the part of the defendant
employer against the employee to prevail in a Title VII civil rights lawsuit.
b. Only “big” employers with
2000 or more employees are covered by the federal Title VII Civil Rights Act
due to the voluminous record-keeping requirements.
c. The employer must make an
accommodation to an employee’s religious beliefs, observances, and practices
regardless of the expense, cost, or burden since freedom of religion is a very
important civil right in the United States.
d. As a general rule, an employer can
discriminate on the basis of appearance by selecting only
“good-looking” and attractive male and female applicants for its
sales force.

Question 5
. Written preincorporation subscription
agreements:

cannot be revoked by the subscriber for
six months
may not be rejected by the corporation
after incorporation.
are not enforceable by the corporation
after acceptance.
are automatically enforceable against
the corporation when it is formed

Question 9
Which of the following is a false
statement?
A. The requirement of a minimum amount
in controversy for federal jurisdiction applies to diversity of citizenship
cases.
B. The legal requirement of “standing”
requires that a plaintiff have a stake in the outcome of a case that is filed.
C. In rem jurisdiction can never be
grounds to obtain jurisdiction of a lawsuit.
D. A forum-selection clause in a
contract allows parties to a contract to agree to the jurisdiction of a court
that otherwise might have personal jurisdiction.

Question 10

“Piercing the corporate veil”
typically can occur and thus personal liability imposed on the purported
shareholders when:
a. The alleged corporation is
“thinly capitalized.”
b. Corporate “formalities,”
such as issuing shares, electing directors, and appointing officers, are not
adhered to.
c. An important motive of the
incorporators for incorporating the business was the desire to achieve limited
liability.
d. a. and b.

Question 11

The requirement(s) of a valid offer in
contract law is(are) the following:
a. The manifestation of a definite
intent to enter into a contract by the offeror and the communication of this
intent to the offeree
b. Reasonable definitiveness in the
terms of the offer
c. Serious intent on the part of the
offeror as determined by the “reasonable person” test
d. All of the above.

Question 14
Which of the following is a true
statement?
A. The Uniform Commercial Code governs
contracts involving real property and personal property leases.
B. The adoption of the Uniform
Commercial Code has completely eliminated the need for the common law in the
area of contracts.
C. The Uniform Commercial Code only
applies to a contract if the parties explicitly state so in their contract.
D. The Uniform Commercial Code takes
precedence over the common law of contracts regarding contracts for the sale of
goods.

Question 16
The United States Constitution
established the following branches of the national (federal) government?
a. Legislative, Executive, Judicial,
and Administrative Bureaus and Agencies
b.
Legislative, Executive, Judicial,
Administrative Agencies, and the Media
c. Legislative, Executive, Judicial
d. Legislative, Executive, Judicial,
and the Church.

Question 20
Which of the following is FALSE
regarding lawsuits pursuant to Title VII of the Civil Rights Act?
a. An employer can be liable for
discrimination pursuant to Title VII based on the “disparate impact”
theory even if there is no evidence of intentional discrimination.
b. Language discrimination based on an
English-only policy can be grounds for a national origin discrimination lawsuit
if the employer does not have a legitimate business reason for requiring its
employees to speak English.
c. Discriminating against applicants
for employment based on their appearance because they are not sufficiently
attractive, pretty, or handsome is as a general rule a Title VII violation
since the non-attractive are discriminated against.
d. Sexual stereotyping of women based on
stereotypical notions of appropriate female behavior by male managers is a
violation of Title VII.

Question 26

Which of the following is a false
statement?
The pre-existing rule of common law
contracts allows a party, who is bound by a prior contract to perform a duty,
to use that same duty as new consideration.
The parties to a contract can mutually
rescind a contract.
Generally, a later promise to do what
one already has a legal duty to do is legally insufficient consideration under
the common law.
For an item to be classified as a
“good” pursuant to the Uniform Commercial Code, it typically is tangible
personal property.

Question 27
Which of the following is FALSE about
mediation?
A. Most mediations are conducted in a
confidential manner.
B. Mediation is typically a voluntary
alternative dispute mechanism unless the parties have contracted to submit a
dispute to mediation.
C. The mediator makes a legal decision
as to who prevails in a dispute and the decision is binding on the parties.
D. The mediator must be neutral,
impartial, fair, and unbiased.

Question 29
When can a customer list of an employer
rise to the level of a legally protected trade secret?
a. When the list has information in it
which possesses value and which the employer has made reasonable efforts to
keep the list secret.
b. When the employer obtains a federal
copyright or trademark on it.
c. When there is concrete evidence that
all the employer’s customers on the list would be willing to continue doing
business with the employer.
d. When the people on the customer list
are readily obtainable from public sources.

Question 30
Which of the following is FALSE
regarding lawsuits pursuant to Title VII of the Civil Rights Act?
a. An employer can be liable for
discrimination pursuant to Title VII based on the “disparate impact”
theory even if there is no evidence of intentional discrimination.
b. Language discrimination based on an
English-only policy can be grounds for a national origin discrimination lawsuit
if the employer does not have a legitimate business reason for requiring its
employees to speak English.
c. Discriminating against applicants
for employment based on their appearance because they are not sufficiently
attractive, pretty, or handsome is as a general rule a Title VII violation
since the non-attractive are discriminated against.
d. Sexual stereotyping of women based
on stereotypical notions of appropriate female behavior by male managers is a
violation of Title VII.

Question 36
Article 2 of the UCC covers which types
of transactions:

Sales of goods and sales of real
property.
Sales of goods and leases of goods or
real property.
Sales of goods and contracts for the
providing of services.
Sales of goods and leases of goods.

Question 37
A computer retailer sells some computer
games to a minor. This contract is:
Unenforceable.
Voidable.
Void.
Enforceable.

Question 38
Ann owns Beta Enterprises, a sole
proprietorship. Ann’s liability for the obligations of the business is
limited by state statute.
limited to the amount of her original
investment.
limited to the total amount of capital
Ann invests in the business.
unlimited.

HW #2

Question 3
The city of Lancaster, California, was
attempting to develop its local economy. Costco, the giant retailer, wanted to
expand its store into the next-door space occupied by the 99 Cents Only Store,
which leased the premises. Costco informed the city that it would move to
another neighboring city if it could not expand. So Lancaster attempted to buy
out the lease of the 99 Cents Only Store, but the store refused. Consequently,
Lancaster used its eminent domain power to condemn the 99 Cents Only Store
property in order to turn the property over to Costco. The city explained that
blight might ensue if Costco left. The city also noted that the 99 Cents Only
Store had generated only about $40,000 a year in sales taxes, whereas Costco
had generated more than $400,000. The city is willing to pay fair market value
for the property. Whereupon, the 99 Cents Only Store sued the city to block the
taking, arguing that the city was acting unconstitutionally. What is the most
accurate statement regarding this lawsuit?
A. The city prevails since preventing
blight, enhancing development, and increasing the tax base are legitimate
rationales according to the Supreme Court for the government to exercise
eminent domain.
B. The city prevails since a city or any
government entity can seize private property for any purpose so long as just
compensation is paid.
C. The 99 Cents Only Store prevails
since eminent domain can only be used by government to seize property for
airport construction or expansion.
D. The 99 Cents Only Store prevails
since anti-trust law will prevent a large “big-box” retailer from
driving out a small business from a community.

Question 8

Mike promises to pay Nora to work for
him. Nora agrees and quits her job, but Mike does not hire her. Mike may be
liable to Nora based on

the concept of accord and satisfaction.
the doctrine of promissory estoppel.
the preexisting duty rule.
the principle of rescission.

Question 11
Juanita walks into Freddie’s Fast Food
Restaurant one day and slips and falls on a wet floor that had just been mopped
by one of Freddie’s employees, who neglected to put up a “Caution – Wet
Floor” warning sign. The employee did not mean any harm; he just forgot to
put up the sign. Juanita, however, is injured and sues Freddie. Her lawsuit is:
a. Breach of warranty-based.
b. Strict liability-based.
c. Intentional tort-based.
d. Negligence-based.

Question 12
Juanita walks into Freddie’s Fast Food
Restaurant one day and slips and falls on a wet floor that had just been mopped
by one of Freddie’s employees, who neglected to put up a “Caution – Wet
Floor” warning sign. The employee did not mean any harm; he just forgot to
put up the sign. Juanita, however, is injured and sues Freddie. Her lawsuit is:
a. Breach of warranty-based.
b. Strict liability-based.
c. Intentional tort-based.
d. Negligence-based.

Question 15

Silvio and Mohammed agree to have their
business dispute settled by binding arbitration. Silvio is not pleased with the
arbitrator’s decision in favor of Mohammed. Silvio’s strongest argument to
convince a court to overturn the arbitrator’s decision would be:
Silvio was much more credible and
persuasive than Mohammed.
The arbitrator interpreted the relevant
law incorrectly.
There was more evidence favoring Silvio
than there was Mohammed.
The arbitrator was biased and acted in
bad faith.

HW 3

Question 1
According to the Natural Rights theory
of John Locke,
a. All people possess in the State of
Nature and thus by the Natural Law certain inalienable rights – the right to
life, liberty, and property.
b. Natural Rights supersede any legal,
government, or political laws.
c. Natural Rights supersede any social
conventions and local customs.
d. All of the above.

Question 2
Which of the following statements is
NOT accurate?

Psychological egoism is an ethical and
normative theory that prescribes how people should behave in certain
situations.
An ethical egoist thinks primarily of
what will benefit his or her self-interest in the long-run.

Public good and the general welfare are
based on people fulfilling their selfish interests, according to one defense of
the doctrine of ethical egoism.

“Justice is the will of the stronger”
would be a characteristic Sophist statement.

Question 4
Which of the following is NOT an
accurate statement?
According to Locke, people’s rights to
freedom and equality exist naturally in the state of nature even before any
civil government is created.
Natural rights exist, according to
Locke, but only if the rights are granted by the government to its citizens and
legal residents.
Kant would condemn Utilitarianism as an
immoral ethical theory because he maintains that “the ends do not justify the
means.”
According to Locke, people have the
natural right to own private property.

Question 5
Norman’s best criticism of
Utilitarianism is that it

Requires a prediction of consequences
Requires a measuring and weighing of
consequences
Is difficult to determine what a
particular society’s moral norms are
Can legitimize morally pain and
suffering if a greater good is achieved.

Question 6
Which of the following is NOT an
accurate statement about the Utilitarian ethical theory?
It determines the moral worth of an
action based on what a society believes is morally right
It may allow the personal interests of
individuals to be sacrificed in that the collective good be attained
It is usually regarded as a
consequentialist ethical theory
It determines the moral worth of an
action by whether the action achieves the greatest overall balance of
satisfaction over dissatisfaction.

Question 7
Bribery, though commonly thought
wrongful, arguably can be considered moral pursuant to:
a.
Utilitarian ethics if the overall
greater good is achieved by paying the bribe even though there are certain
negative consequences for some stakeholders (such as the competition and the
host society).
b.
Ethical egoism from the vantage point
of the company paying the bribe if they really need the contract with the
foreign government and they have a policy of “letting the locals deal with
the locals.”
c.
Ethical relativism if making the
“gifts” (that is, “bribe” payments”) to foreign
government officials is considered to be an acceptable and appropriate practice
and custom in the host county.
d.
All of the above.

Question 8
President Abraham Lincoln very
succinctly explained his rationale for his condemnation of and opposition to
slavery, to wit: “As I would not be a slave, so I shall not be a
master.” Lincoln’s reasoning best exemplifies what ethical theory?
a. Legal Positivism of Thomas Hobbs
b. Ethical Relativism of the Sophists
c. The Categorical Imperative of
Immanuel Kant
d. Utilitarianism of Bentham and Mills.

Question 9
Juana applies Kant’s Categorical
Imperative to decide whether to cheat on an examination to get into an MBA
program is the “right thing” to do. This means that Juana evaluates her action
in light of

Whether the “end” justifies the “means”

Whether the action of cheating is moral
in and of itself

Whether Juana feels that cheating is
good or bad under the circumstances

Whether she can cheat without getting
caught.

HW # 4

Question 4
The Chinese government publicly
executes convicted criminals of serious crimes, and then “harvests”
and sells their organs to wealthy Westerners and people from the Middle East,
presumably with the “consent” of the prisoners facing execution. This
practice is:
a. Immoral pursuant to Ethical Emotism
if one initially feels emotionally sick when reading or hearing about the
practice.
b. Moral under Ethical Egoism if one
desperately needs an organ and has the money.
c. Moral pursuant to Ethical Relativism
if one is in China and the Chinese have no problems with and thus accept this
practice of executions and organ sales.
d. All of the above.

Question 8
The U.S. Supreme Court’s affirmative
action decisions in the University of Michigan cases:
Struck down all affirmative action
plans as immoral “reverse discrimination” based on Kantian ethics.
Upheld limited affirmative action plans
based on Utilitarian diversity rationales.
Struck down all affirmative action
preference type plans as immoral, but allowed selective advertising and
mentoring by schools and companies aimed at minority and women’s groups.
Were posited by the Court as the federal
government’s response to slavery reparations and as an explicit means to
fulfill President Lincoln’s promise of “40 acres and a mule” to the
freed slaves.

HW # 6

Question 1
National Distribution Corporation could
best demonstrate a commitment to ethical behavior by
Complying with government regulations
since they are so extensive
Drafting an ethics code
Making a profit
Complying with the law and acting
morally.

Question 2
Assume that according to a critic of
the modern corporation, many large firms regularly engage in anticompetitive
behavior, such as monopolizing commerce. In making this assertion, what
theoretical link is the critic best attempting to refute?
The link between monopolization and
socially irresponsible conduct
The link between monopolization and
socially responsible conduct
The link between profit maximization
and ethical egoism
The link between monopolization and
immoral conduct.