Description

  1. In the context of utility patents, which of the following terms refers to the details about the subject matter that an inventor regards as the invention?
    A. claims
    B. novation
    C. preemption
    D. distinctiveness
    E. collective marks

3 points

QUESTION 2

  1. Sarah has given 24 acres of land to Kent County as long as the land is used as a park. In this case, Kent County has a
    A. life estate.
    B. fee simple defeasible.
    C. fee simple absolute.
    D. tenancy in common.
    E. warranty deed.

3 points

QUESTION 3

  1. The Equal Employment Opportunity Commission was created by the ______.
    A. Civil Rights Act
    B. Equal Employment Opportunity Act
    C. Americans with Disabilities Act
    D. Age Discrimination in Employment Act
    E. Federal Trade Commission Act

3 points

QUESTION 4

  1. Which of the following statements is true of an easement?
    A. It creates ownership of the land in question.
    B. It exists for the benefit of pharmaceutical corporations.
    C. It occurs when landlocked property is purchased.
    D. It creates a leasehold estate.
    E. It places a particular use of land behind the exclusive legal fence.

3 points

QUESTION 5

  1. To enter another’s land without consent or to remain there after being asked to leave constitutes the tort of ______.
    A. assault
    B. conversion
    C. battery
    D. trespass
    E. invasion of privacy

3 points

QUESTION 6

  1. In a closely held corporation, which of the following lawsuits is likely to be brought by a minority shareholder on behalf of a corporation if the majority is acting illegally or oppresses the rights of the minority shareholders?
    A. a derivative suit
    B. a preemption suit
    C. a petit suit
    D. a dissolution suit
    E. a termination suit

3 points

QUESTION 7

  1. If the state minimum wage rate differs from the federal minimum wage rate, then employers
    A. are legally required to pay a state minimum wage rate that is lower than the federal minimum wage rate.
    B. have the legal right to choose the minimum wage rate to be paid.
    C. are legally required to pay the federal minimum wage rate.
    D. are legally required to pay whichever minimum wage is higher.
    E. have the legal right to pay the state minimum wage rate.

3 points

QUESTION 8

  1. Bill, a recent NEU grad, has decided to start a business based on the software program he wrote that audits social networking websites. He already has 5 clients and several others have expressed interest. His clients want him to advise on programming their sites. He is getting very busy and thinks that he will be hiring a couple of employees in the near future. Bill’s friends and family have advised Bill that he should seek legal advice about the best way to conduct his business. Some have said that Bill should incorporate, others have talked to him about something called and LLC and still others have said it is fine to do nothing. Bill knows you recently completed MGT2330 and know a thing or two about business organizations. So he asks you for your recommendation about how he should structure his business. What advice will you give him and why would you recommend one course of action over other possibilities? Explain your advice.

    Path: pWords:0

12.5 points

QUESTION 9

  1. The ______ defense arises from a plaintiff’s knowing and willing undertaking of an activity made dangerous by the negligence of another.
    A. causation in fact
    B. implied-in-fact
    C. comparative negligence
    D. assumption-of-the-risk
    E. fraud

3 points

QUESTION 10

  1. Flora has been working at Abacrux Inc. for four-and-a-half years. Her pension plan will vest at her five-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The internal finance department has determined that cost cutting is needed to keep the company profitable. They recommend that Flora be fired before her pension vests and becomes a permanent liability against the corporation. According to the ______ they cannot fire her to prevent her from getting vested pension rights.
    A. Employee Retirement Income Security Act (ERISA)
    B. Consolidated Omnibus Budget Reconciliation Act (COBRA)
    C. Health Insurance Portability and Accountability Act (HIPPA)
    D. Fair Labor Standards Act (FLSA)
    E. Immigration Reform and Control Act (IRCA)

3 points

QUESTION 11

  1. One major purpose of the Fair Labor Standards Act is to provide
    A. overtime pay.
    B. guaranteed employment.
    C. disability benefits.
    D. permanent employment.
    E. private pension plans.

3 points

QUESTION 12

  1. Which of the following is the characteristic of a sole proprietorship?
    A. It can be publicly held.
    B. It is not taxed as an organization.
    C. It is the hardest business organization to create.
    D. It is the most expensive business organization to create.
    E. It can be created by multiple owners.

3 points

QUESTION 13

  1. When courts find that a corporate organization is being misused, the corporate entity can be disregarded. This has been called
    A. cracking the corporate shell.
    B. piercing the corporate veil.
    C. breaking the corporate shield.
    D. breaching the corporate defense.
    E. rupturing the corporate law.

3 points

QUESTION 14

  1. Matt, a supervisor, refuses to let female employees work on overtime assignments because he thinks it is unsafe for women to work after 6 p.m. The female employees decide to file a charge against Matt with the Equal Employment Opportunity Commission. This case is an example of ______.
    A. reverse discrimination
    B. a business necessity
    C. retaliation
    D. disparate impact
    E. disparate treatment

3 points

QUESTION 15

  1. A(n) ______ is an order by a judge either to do something or to refrain from doing something.
    A. penalty
    B. injunction
    C. actual damage
    D. punitive damage
    E. compensatory damage

3 points

QUESTION 16

  1. Which of the following statements is true about adverse possession?
    A. The practice of adverse possession requires that possession be interrupted to grant ownership.
    B. The possessor should have the owner’s permission to be on the land.
    C. The practice of adverse possession discourages land use.
    D. The practice of adverse possession increases the possibilities of an absent owner to claim rights many years down the road.
    E. The most common way to destroy a claim of adverse posses