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Title: UOP LAW 531 Week 6 Final Examination


1
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.
  •  
  • 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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    Week 6 Final Exam

3
  •  
  • 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.
  •  
  • 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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4
  • 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.
  •  
  • 6. _________ is the plaintiffs voluntary consent
    to a known danger.
  • Negligence per se
  • Comparative negligence
  • Assumption of risk
  • Contributory negligence
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    3 Complete

5
  • 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
  •  
  • 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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6
  • 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.
  •  
  • 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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8
  • 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.
  •  
  • 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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9
  • 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.
  •  
  • 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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10
  • 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.
  •  
  • 18. Which of the following is also called
    judgemade law?
  • Statutes
  • Equity
  • Uniform acts
  • Common law
  •  
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11
  • 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
  •  
  • 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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12
  • 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.
  •  
  • Final Exam Answers just a click away LAW 531
    Final Exam

13
  • 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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14
  • 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
  •  
  • 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.
  • Want help? Click to download LAW 531 Week 2
    Complete

15
  • 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.
  •  
  • 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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16
  • 29. The typical dissolution of a corporation
    requires approval of the _____.
  • creditors of the company
  • merger company
  • shareholders
  • board of directors
  •  
  • 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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    Final Exam

17
  • 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

18
  • 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
  • Want to check other classes..?? Visit
    www.transwebetutors.com
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