ETH321 Week 2 Apply Assignment SCORE 100 PERCENT (2020)

ETH 321
Week 2 Apply Assignment
1. Abigail is a manager at her company. The company just launched an initiative to improve its corporate citizenship practices. Abilgail is responsible for all but which of the following areas?
o Safeguarding shareholders' interests
o Disclosure and transparency
o Vigilance of the board of directors
o Integrity and ethical behavior

2. Which of the following roles best fits the situation?
Apol wants to start or join a business but is not sure which business organization would be best. She has a large amount of capital but does not yet have any partners who can invest or effectively manage the business.
o Neither a limited or general partner would be a good choice.
o Limited partner in a limited partnership.
o General partner in a limited partnership.

3. What is the appropriate description for a distributorship?
o A franchisee sells a franchisor's product in a specific geographic area.
o A franchisee produces and sells a franchisor's product using the franchisor's name.
o A franchisee makes or sells a franchisor's product.

4. What is the appropriate description for a plant-processing franchise?
o A franchisee produces and sells a franchisor's product using the franchisor's name.
o A franchisee sells a franchisor's product in a specific geographic area.
o A franchisee makes or sells a franchisor's product.

5. What is the appropriate description for a chain-style franchise?
o A franchisee sells a franchisor's product in a specific geographic area.
o A franchisee produces and sells a franchisor's product using the franchisor's name.
o A franchisee makes or sells a franchisor's product.

6. J-Chron's board of directors periodically meets with the CFO of the company. The CFO reports on the financial status of a company project, after which the board inquires about the project's compliance with legally-required accountings principles. It asks no other questions about the project. Which of the following is true?
o The board is not meeting any basic vigilance requirements.
o The board is meeting legally-required vigilance standards, but not necessarily those which would protect shareholders' interest.
o The board is meeting all of its vigilance requirements.
o The board is not legally required to meet vigilance requirements.

7. Lily wants to build a business. She has very little capital. She does, however, have a partner with which she could run a business. Lily wants to be able to avoid being held personally liable for any problems the business has. Which of the following would lead Lily to choose a sole proprietorship organization for her business?
o Avoidance of personal liability
o Little capital
o Possession of a partner
o None of the above

8. Which description that properly completes this prompt?
Zoey is the CEO of a corporation she organized herself with 15 shareholders. The company operates in several states, as well as outside of the U.S. Her business consists mostly of training services for in-home medical care personnel. Her company would be a __________ corporation.
o Closely-held
o Alien
o Domestic
o Subchapter S
o Professional

9. Which description that properly completes this prompt?
Tucker works for a retail distribution company that was recently started. Tucker has invested a lot of his earnings into shares of the company. When quarterly earnings are posted, Tucker receives a check for 8% of the quarterly profit of the company. Tucker belongs to a __________ corporation.
o Professional
o Closely-held
o Subchapter S
o Alien
o Domestic

10. Which description that properly completes this prompt?
Lenny organized his business in Delaware. He has customers in Delaware, other states in the U.S., and in foreign countries. Lenny's business is __________ in Delaware.
o Domestic
o Subchapter S
o Professional
o Closely-held
o Alien

11. Juan wants to be involved in business. He has plenty of capital to invest, but he does not want to be involved in management. He also does not want to worry about fluctuations in the market prices of debt and equity instruments. Which form of business would be best for Juan?
o Corporation
o Sole proprietorship
o General partnership
o LLC

12. Noodleoo, a struggling restaurant chain, wants to enact a franchise agreement with Stephen to sell its product through a chain-style franchise. Stephen agrees and opens the store, and 6 months later Noodleoo goes bankrupt. Which is most likely true of this situation?
o If Noodleoo was not transparent with its financial data, Stephen has no recourse.
o More than one response is correct.
o If Noodleoo was transparent with its financial data, it owes no recompense to Stephen.
o If Noodleoo was not transparent with its financial data, it has broken the franchise rule.

13. Sandy works for RigorMart. She supervises regional managers and directs them based on orders from the board of directors. Sandy's position also entitles her to stock ownership in the company. What is Sandy's position in the company?
o Executive and shareholder
o Executive, shareholder, and director
o Shareholder
o Executive

14. Which of the following roles best fits the situation?
Kevin wants to create a business but is not sure what role is best for him. He has capital to invest. He has several partners with which he can begin a business. He has the most management experience of all his potential partners.
o General partner in a limited partnership.
o Neither a limited or general partner would be a good choice.
o Limited partner in a limited partnership.

15. Rita wants to be involved in business. She has a fair amount of money to invest, but she does not want to be involved in management. She wants to form a business in the quickest way possible under her circumstances. Which form of business would be best for Rita?
o Limited partnership
o Sole proprietorship
o Corporation
o LLC

16. Cadence works for WilderCorp. She meets with a team to make all-encompassing decisions concerning the direction of the business. She also personally supervises managers and conducts training for supervisors and plant managers. Cadence also buys stock in WilderCorp. What is Cadence's position in the company?
o Executive
o Director
o More than one option
o Shareholder

17. Kara wants to build a business. She has plenty of capital and potential investors and partners. She wants to avoid the burden of sole liability for her business and wants to be able to close the business when she is no longer interested in it. Which of the following would lead Kara to choose a sole proprietorship organization for her business?
o Many potential investors/partners
o Ability to close the business easily
o Plenty of capital
o Avoidance of sole liability

18. What role best fits the following situation?
Manny wants to be involved in a business but is not sure which type of business to join or create. He has capital to invest. He has a good network of potential investors and partners. He has no experience in management.
o General partner in a limited partnership.
o Limited partner in a limited partnership.
o Neither a limited or general partner would be a good choice.

19. Koffman Corporation is trying to raise capital. What method would be the least risky to raise capital if it has a less-than-favorable credit rating?
o Bond issuance, since additional debt can provide the company with more leverage.
o Stock issuance, since a credit rating won't negatively affect Koffman's ability to sell stock.
o Bond issuance, since nobody wants to buy shares of a company with a less-than-perfect credit rating.
o Stock issuance, since stocks are more valuable as finance instruments.

20. Which description that properly completes this prompt?
Hal organized his business in Canada. Most of his customers are in Montana. In Montana, Hal's business would be considered a(n) __________ corporation.
o Professional
o Alien
o Domestic
o Closely-held
o Subchapter S





21. Which description that properly completes this prompt?
Piper is a manager in a corporation that was organized in Canada by one of his former coworkers. The company provides consulting services and training for architects employed by construction companies. The company recently went public, with shares being sold to about 500 investors. Piper's company would be a __________ corporation.
• Alien
• Closely-held
• Subchapter S
• Professional
• Domestic

22. Loptech, a technology firm, wants to issue bonds for investment purposes. Loptech has one of the best credit ratings in the industry. Market rates for debt instruments average at .5% interest. Based on its credit rating, Loptech would likely sell bonds that pay _____.
• Indeterminable with current information
• 0.5%
• 0.25%
• 0.75%




23.What is the order in which the formation of a corporation occurs?
• Business selects a state of incorporation; Incorporators select a name for the corporation; Articles of incorporation are filed; Novations are executed
• Business selects a state of incorporation; Novations are executed; Incorporators select a name for the corporation; Articles of incorporation are filed
• Novations are executed; Articles of incorporation are filed; Incorporators select a name for the corporation; Business selects a state of incorporation
• Incorporators select a name for the corporation; Articles of incorporation are filed; Business selects a state of incorporation; Novations are executed




24.Hal and Miranda have a general partnership business for landscaping projects. Hal makes a contract with a customer for a project one day while Miranda is absent and leaves on vacation the next day. Miranda does not feel she has the time to perform the contract for the customer. Which of the following is true?
• Only Hal is obligated to perform the contract.
• Miranda is obligated to perform the contract.
• Miranda may relinquish her obligation to perform the contract since Hal signed it without her knowledge.
• Indeterminable without more information.







25.What is the correct order of events for the formation of a corporation?
• Business selects a state of incorporation; Incorporators select a name for the corporation; Articles of incorporation are filed; Novations are executed
• Business selects a state of incorporation; Novations are executed; Incorporators select a name for the corporation; Articles of incorporation are filed
• Novations are executed; Articles of incorporation are filed; Incorporators select a name for the corporation; Business selects a state of incorporation
• Incorporators select a name for the corporation; Articles of incorporation are filed; Business selects a state of incorporation; Novations are executed






26. Mario and Johnny want to start a business. They have very little capital. They are new partners and largely unfamiliar with each other's management practices. They are happy, however, to be organizing a business together in order to avoid full liability for the business. Which detail(s) of this situation would be the largest contributor toward Mario and Johnny's decision to organize a general partnership?
• Avoiding full liability
• Unfamiliar with each other's management practices
• Sharing profits

• Little capital

ETH321 Week 3 Apply Assignment SCORE 100 PERCENT (2020)

ETH 321
Week 3 Apply Assignment
1. Which crime is BEST represented by the following situation?
Jeff decides that it is time to clean up his act and stop manufacturing bong pipes in his basement. He uses $15,000 from bong pipe sales to open a children's toy store. The next day, the police bust Jeff for his sale of drug paraphernalia.
o Robbery
o Money Laundering
o Larceny
o Embezzlement

2. Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day, Penny's boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny's non-competition agreement. Which of the following is true?
o The manager is interfering with Penny's business relationship with her boss.
o The manager has committed legitimate interference with a contractual relationship
o The manager has done nothing wrong because non-competition agreements are never used in clothing retail.
o The manager has done nothing wrong.

3. While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made.  Derek wants to hold the tour company liable for his injury. Which of the following is most likely true?
o Because most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company.
o Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack.
o Because hiking is known to have some elements of danger, Derek assumed the risk of a bear attack by joining the tour group.
o The company is not at fault because it does not owe Derek a duty of care.

4. NuKere, a nuclear plant, accidently leaks hazardous waste onto a nearby property, despite having recently passed a rigorous set of safety checks. Under standards of strict liability, which of the following is true?
o Nukere cannot be held liable because anyone living nearby assumes the risk of hazardous waste toxicity.
o NuKere cannot be held liable, as it just passed a strict set of safety checks.
o Nukere should be held liable because of the dangerous nature of hazardous waste. Regardless of safety checks, the accident happened.
o NuKere can be held liable only if there is concrete physical evidence of harm to people or property.

5. Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)
Jesse's mother dies.  Due to the trauma, Jesse breaks into an ice cream shop and steals all the ice cream and is later caught.
o Entrapment
o Diminished Capacity
o Mistake of Law

6. Eduardo is working his way up the ladder in the world of amateur boxing. He makes a stinging remark about his next opponent on TV by saying that his opponent is a coward who probably practices boxing by beating up his wife. Which of the following is true?
o Eduardo is not being defamatory because his remarks are statements of opinion only.
o Eduardo is not being defamatory because it is obvious that the statement must be false.
o Eduardo is being defamatory because his remarks may harm his opponent's reputation.
o Eduardo is being defamatory because the information he published is true.

7. Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that:
o Rebekah is liable even though she had no illegal intent
o Rebekah is not liable because she had no illegal intent
o Rebekah is not liable if someone else was witnessed planting the marijuana
o Rebekah is liable only if she was found to be negligent in not recognizing the marijuana

8. What type of crime is petty theft?
o Felony
o Infraction
o Misdemeanor
o Capital Crime

9. Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)
Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth's drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf.
o Mistake of Fact
o Duress
o Involuntary Intoxication

10. Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true?
o Jack and Alice can take no action, because Jennifer is not a professional videographer.
o Jack and Alice can make a tort claim against Jennifer for public revelation of private facts.
o Jack and Alice can take no action, since they were fighting in a public place.
o Jack and Alice can make a tort claim against Jennifer for false light.

11. Which of the following situations would not substantiate a tort claim of infliction of emotional distress?
o Offensive behavior when a duty of care is oweds
o Offensive behavior when a person is feeling especially vulnerable
o Repetitive offensive behavior
o Behavior that a reasonable person would find distasteful

12. What type of crime is money laundering?
o Felony
o Infraction
o Misdemeanor
o Capital Crime

13. Match the following situation  to the true statement that suits it best. "Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.
Tiana runs an employment agency distributing work assignments to many workers who then work for whatever employer they are assigned to.
o May discriminate, no qualifier
o May discriminate, subject to type of business involved
o May not discriminate, subject to time lapse
o May not discriminate, no qualifier

14. Marley goes outside the duties of her agency in negotiating a business contract between her principal and a customer. Which of the following is true?
o If the principal disavows the contract Marley made, it still must pay for the work.
o The principal is required to ratify the contract Marley made, and also to pay her for her work.
o If the principal ratifies the contract Marley made, it must pay her for the work.
o Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.

15. For the following prompt, which response it aligns best?
Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss's desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract.
o Enforceable or unenforceable - no agency
o Enforceable or unenforceable with agency
o Enforceable via factor agent
o Enforceable via employee agent

16. Which of the following would be considered a situation of legal employment discrimination?
o Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability.
o Rene, who has a disability, is rejected from a job position because another candidate did not have a disability.
o Meryl, who has a disability, is rejected from a job position because she doesn't have a certification for the job she would be doing.
o Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.

17. Kenzie is a broker agent hired to make a deal for the purchase of an office building. Kenzie sells the building.
What is the result related to the status of the agency?
o Agency is terminated by incapacity
o Agency is terminated by fulfillment
o Agency is terminated by law
o Agency is not terminated

18. Which statement matches the following scenario?
 Joy is a supervisor over Elias. She repeatedly solicits sexual behavior from Elias and does other inappropriate actions that a reasonable person would find offensive. Elias has not solicited the behavior and finds it unwelcome. Joy never imposes a tangible job action against Elias.
o Not guilty of sexual harassment, no qualifier
o Not guilty of sexual harassment, dependent on harassee
o Guilty of quid pro quo sexual harassment
o Guilty of hostile work environment sexual harassment

19. Penn commits a tort while acting in the interest of her undisclosed principal.
Who is responsible or liable?
o Agent only
o Principal and agent
o Principal only

20. Which statement corresponds to this specific situation?
Virgil and Suzanna both apply for the same job. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. Virgil is turned down and Suzanna is hired.
o Employer may legally discriminate based on number of employees
o Employer may not legally discriminate
o Employer may legally discriminate based on BFOQ
o Employer may legally discriminate because the law doesn't apply to this situation

21. Orlando's business wants to enact an affirmative action plan. Which of the following would not be a part of the process?
 
o Setting a timeframe for when the business plans to achieve a certain percentage of minority workers
o Firing majority workers who perform the least well.
o Reviewing the current workforce
o Determining why using an AA plan might be necessary or wise

22. Which statement matches the following scenario?
Layne is romantically interested in his employee, Brenda. He keeps asking her out, and she repeatedly has to turn him down.
o Guilty of quid pro quo sexual harassment
o Not guilty of sexual harassment, dependent on harassee
o Not guilty of sexual harassment, no qualifier
o Guilty of hostile work environment sexual harassment

23. Match the following situation  to the true statement that suits it best. "Discriminate" in this context means to make an employment decision about employees based on the characteristics described in the text.
Alfonso prefers only to hire Latino workers because they "fit in" easier with his 12 employees. During a busy season, Alfonso hires three extra workers to help keep up with business, then lets them go when the busy season is over.
o May discriminate, no qualifier
o May not discriminate, subject to time lapse
o May not discriminate, no qualifier
o May discriminate, subject to type of business involved

24. Felipe is an illegal immigrant seeking work in the U.S. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant:
o Felipe can be deported, and the employer can be punished.
o Felipe can be deported, and the employer will not be punished.
o Felipe cannot be deported, but the employer can be punished.
o Felipe cannot be deported, and the employer will not be punished.

25. For the following prompt, which response it aligns best?
Megan's boss is out of town. While she is gone, the company receives a critical tax bill from the state that must be paid immediately. Megan does not have authority to pay bills, but arranges for the company to pay the bill anyway.
o Enforceable via employee agent
o Enforceable or unenforceable - no agency
o Enforceable via factor agent
o Enforceable or unenforceable w/ agency

26. Which statement corresponds to this specific situation?
Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is "too old to keep up with the rest of the group."
o Employer may legally discriminate based on number of employees
o Employer may legally discriminate because the law doesn't apply to this situation
o Employer may not legally discriminate
o Employer may legally discriminate based on BFOQ

27. Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a "watch out for falling pipe" sign in the workplace that it gave fair warning. It also says that if Cathy wasn't wearing a hardhat that she is responsible for her own injury. Which of the following is true?
o Cathy's employer may not be held liable for her injury if it fulfilled compliance and general duty requirements.
o Common law rules could hold Cathy responsible for her own injury.
o OSHA rules can hold Cathy's employer responsible for not maintaining a hazard-free workplace.
o More than one answer is correct.

28. Training opportunities are what kind of a bargaining subject?
o Mandatory bargaining subject
o Permissive bargaining subject
o Illegal bargaining subject

29. Which of the following was an effect of Norris LaGuardia?
o Prohibition against eliminating unions
o Prioritization of employment to a worker over a worker to his or her business
o Enforcement of federal injunctions.
o Prohibition against concerted activity.

30. Based on the description for this person, determine if he or she is eligible for overtime pay.
Maddox is Gordon's 17-year-old son. He is a whiz at repairing machines and is employed doing so at the factory full-time during the summer. He has already worked 40 hours this week, but some machines still need repaired.
o Maddox must be paid overtime
o Maddox cannot work overtime

31. For the scenario, determine whether or not the person should be covered by worker's compensation protections.
Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured. Noel's actions are typical, and his employer knows that he usually engages in this kind of behavior.
o Noel will be covered
o Noel will not be covered

32. Based on the description for this person, determine if he or she is eligible for overtime pay.
Ella makes minimum wage. Her job title is "System Assembly Supervisor." She primarily spends her workday putting together electronic components. She is asked to work more than 40 hours this week to meet a deadline.
o Ella must be paid overtime
o Ella cannot be paid overtime

33. For the scenario, determine whether or not the person should be covered by worker's compensation protections.
Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.
o Vicente will not be covered
o Vicente will be covered

34. Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true?
o Cynthia can have her union membership stripped from her if she files a complaint.
o Cynthia can file a complaint with the union only.
o Cynthia cannot complain to the union, but she may sue it instead.
o Cynthia may sue the union if her complaint to the union doesn't resolve her problem.

35. Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?
o Buster is entitled to the leave he is asking for.
o Buster cannot be fired for reasons aside from his need to take leave.
o Buster's employer can fire him because he wants to take more leave.
o Buster cannot take any more leave if he has also used up his sick leave and vacation days.

36. Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem with excessive overtime at work. Which of the following is true?
Darlene and her friends are not engaging in concerted activity because they are not in a union meeting.
Darlene and her friends are engaging in concerted activity only if they are union members.
Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions.
Darlene and her friends are not engaging in concerted activity because they don't plan to talk to management about the problem.

37. For the scenario, determine whether or not the person should be covered by worker's compensation protections.
Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke.
o Ginger will not be covered
o Ginger will be covered

38. Read the scenario and determine what result the law requires.
The union at Elsa's firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa's place. When the strike finally ends, Elsa wants her job back.
o Elsa may not receive her job back
o Elsa must receive her job back

39. Based on the description for this person, determine if he or she is eligible for overtime pay.
Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business's operation.
o Gordon cannot be paid overtime
o Gordon must be paid overtime

40. Which of the following phrases correctly completes the statement?
Al's Fine Winery has had workers attempting to ban together to form a union. Al's wants to avoid letting the workers gain too much power by eliminating new workers' option to join a union at all. Al's will likely utilize ____________.
o Yellow dog contract(s)
o Criminal conspiracy law(s)
o Federal injunction(s)
o Antitrust law(s)



41. Which crime is BEST represented by the following situation?
Dagan sneaks into an event center through an unlocked window to steal valuable items on display for an event the next day.
• Fraud
• Burglary
• Conspiracy
• Larceny





42. Eleanor often borrows her roommate's car because she does not have one of her own. One day, Eleanor goes on a joy ride on rocky terrain and gets a flat tire. Eleanor refuses to replace the tire because she does not own the car. Which of the following is true?
• Eleanor may be held liable under a tort because the owner can no longer use the car
• Eleanor may be held liable under a tort because roommates have a legal expectation of compensation for damaged possessions.
• Because Eleanor had permission to use the car, she has not committed a tort
• Because Eleanor does not own the car, she has not committed a tort




43. Phineas is an agent assigned to scout out professional players for a football team. One player he brings in has a drug problem, which Phineas knows about but does not disclose to the hiring team. If the player is selected, which of the following is true?
• Phineas has not breached a duty to his principal.
• Phineas has breached his duty of notification only.
• Phineas has breached more than one of his duties.
• Phineas has breached his duty of accounting only.




44. Read the scenario and determine what result the law requires.
The union at Cherry's firm is on strike because it wants higher wages. During the strike, management hires a new person to take Cherry's place. When the strike finally ends, Cherry wants her job back. Which of the following is true?
• Cherry may not receive her job back
• Cherry must receive her job back




45. Which of the following phrases correctly completes the statement?
Alonzo's Crooked Cake Shop has had workers attempting to unionize in order to be able to work fewer hours per week. Alonzo's argues in court that because there is only one other cake shop in the region, a strike and other union activities would disrupt competition in the cake business. Alonzo's is using __________ to prevent union activities.
• Antitrust law(s)
• Federal injunction(s)
• Yellow dog contract(s)
• Criminal conspiracy law(s)




46. Ozzy recently started working at a new company. He has been solicited several times to join the union of the company, but he would prefer not to. The union officials tell Ozzy that he won't be allowed to keep working unless he joins the union. Which of the following is true?
• The union officials are pretending they have a closed shop and can't influence Ozzy's decision.
• Ozzy's requirement to join the union depends on his state of employment.
• Ozzy must now join the union because union shops are always legal.
• The union can't make Ozzy join the union, but it can require him to pay union dues.






47. Amanda is babysitting when her charge Tomas leaps off a couch onto a glass table and breaks it, leaving him with many cuts. To show that Amanda was negligent, Tomas's parents must show that:
• Amanda owed a duty of care to Tomas
• Amanda breached her duty of watching over Tomas by her actions (e.g., talking on the phone or not staying in the same room as Tomas)
• Tomas was harmed only because Amanda breached her duty to watch over him
• All of the above









48. Mike is an agent making purchasing orders for Tami. Tami passes away before the agency contract is voluntarily ended. Mike has already done some of the work Tami assigned.
What is the result related to the status of the agency?
• Agency is terminated by law
• Agency is terminated by fulfillment
• Agency is terminated by incapacity
• Agency is not terminated

ETH321 Week 5 Apply Assignment SCORE 100 PERCENT (2020)

ETH 321
Week 5 Apply Assignment


1. Millitech is a sports equipment manufacturer. It wants to form a merger with an athletic wear company. This would be a __________ merger.
o Horizontal
o Conglomerate
o Vertical
o Market extension

2. Identify the trade-restraining practice that this example demonstrates.
Tubifor, Inc. purchases all available imported lumber so it can resell it at a quantity and rate that it prefers.
o No illegal practice
o Illegal boycott
o Controlling output
o Price fixing
o Division of markets

3. Determine which type of merger has occurred for this scenario.
GrillerTech manufactures propane grills for cooking. It wants to form a merger with Tinseltech, a party favor manufacturing company. This would be a __________ merger.
o Vertical
o Market extension
o Horizontal
o Conglomerate


4. Millcorp sells wetsuits for deep sea divers. It recently engineered a new material for its wetsuits to better hold in the wearer's body heat. After a close encounter with a shark, a customer discovers that the new material protects against shark bites. Soon after, Millcorp's sales explode and it achieves 90% market share in diver wetsuits. Which of the following best describes this situation?
o Millcorp can likely be found guilty of pursuing monopoly power.
o Millcorp has a lawful natural monopoly
o Millcorp does not have a monopoly.
o Millcorp has a lawful innocent acquisition of a monopoly.


5. Identify the trade-restraining practice that this example demonstrates.
Two retailers decide that they will both sell no more than 100 premium TVs per month in order to maintain the quality image of the TVs.
o Controlling output
o No illegal practice
o Illegal boycott
o Division of markets
o Price fixing



6. Funtech is a toy manufacturer. It wants to form a merger with one of the toy stores that buys its toys. This would be a __________ merger.
o Vertical
o Conglomerate
o Market extension
o Horizontal



7. Gilcorp wants to increase its profitability. It tries to gain new customers by offering a cash bonus to customers who switch to its service from another company. Which of the following is true of this action?
o This is illegal per se.
o This is legal.
o This is legal as long as no agreements are made with a competitor.
o This may be illegal under the rule of reason.



8. For the scenario below, determine the legality of the company's actions.
Ioncorp sells cabinets nationwide to the furniture company Blinkorp. It makes an agreement that Blinkorp will only sell Ioncorp cabinets in its warehouses.
o Impossible to determine legality
o Illegal, depending on impact
o Most likely legal
o Strictly illegal



9. For the scenario below, determine the legality of the company's actions.
Lilcorp manufactures budget speaker systems for Bigcorp. It arranges an agreement wherein Bigcorp may not charge more than $300 for a speaker system.
o Strictly illegal
o Impossible to determine legality
o Illegal, depending on impact
o Most likely legal



10. Government agencies generally have power to do all but which of the following?
o Enforce substantive laws after following a predesignated procedural law process.
o Make definitions concerning acceptable and unacceptable parameters within the scope of the agency's purpose.
o Create a new agency in order to address important goals under the mandate of the law which created the agency.
o Enforce punishments for violators of public policy.



11. Identify the trade-restraining practice that this example demonstrates.
The CEOs of two pharmaceutical companies are having lunch. They discuss the unfair costs of ordering from a manufacturer that supplies to both companies. The CEOs decide that they will no longer work with the unfair pricing of the manufacturer.
o Division of markets
o No illegal practice
o Price fixing
o Controlling output
o Illegal boycott



12. For the scenario below, determine the legality of the company's actions.
Guncorp is selling rifles to a retailer Sportsacorp. In order for Sportsacorp to purchase a shipment of rifles, Guncorp requires that Sportsacorp also purchase a shipment of pistols.
o Strictly illegal
o Impossible to determine legality
o Illegal, depending on impact
o Most likely legal



13. Identify the trade-restraining practice that this example demonstrates.
Company A and Company B discuss average industry prices.
o Price fixing
o Division of markets
o Controlling output
o No illegal practice
o Illegal boycott



14. For the scenario below, determine the legality of the company's actions.
Wreckorp wants to maintain an exclusivity image for its product line of sports equipment. It limits its distribution to 100 stores in each region.
o Illegal, depending on impact
o Most likely legal
o Impossible to determine legality
o Strictly illegal



15. Flippatech is a home furnishings manufacturer. It wants to form a merger with SleepzCorp, another home furnishings manufacturer. This would be a __________ merger.
o Horizontal
o Conglomerate
o Market extension
o Vertical



16. Bernie just started a business and is trying to raise capital. He has both accredited and non-accredited investors investing in the company. What constraints on investments for new businesses apply here?
o Investors' allowable investment depends on the accredited or non-accredited status.
o Investors may invest no more than $1 million combined for the first year of the business.
o Investors may invest a combined $50 million within a 12-month period.



17. Wendy wants to start a business. She knows many unaccredited investors who she knows will help her jumpstart her business. What constraints on investments for new businesses apply here?
o Investors may invest a combined $50 million within a 12-month period.
o Investors' allowable investment depends on the accredited or non-accredited status.
o Investors may invest no more than $1 million combined for the first year of the business.



18. Jewelcorp just began trading securities. The company is a closely-held corporation with several dozen shareholders and $10 million in assets. Which of the following is true concerning the company's requirement to report to the SEC?
o Required to report major business developments and must file annual and quarterly financial reports.
o Requirement to file depends on the company's assets and shareholder base.
o Not required to report information to the SEC.
o Must file annual and quarterly financial reports



19. Bekah is an adviser for the company Vicoltech, which deals heavily in investments. Bekah also advises several other clients in her state, but no clients outside of her state. Before the Dodd-Frank Act was passed, Bekah was exempt from registration and reporting requirements with the SEC. When the Dodd-Frank Act was passed:
o Bekah was still exempt from the SEC's reporting requirements.
o Bekah was required to register with the SEC, but not required to report information to the SEC.
o Indeterminable with current information
o Bekah was required to begin reporting information to the SEC.



20. Yittercorp regularly trades in securities on a national exchange. The company is a widely-held corporation with 600 shareholders and $15 million in assets. Which of the following is true concerning the company's requirement to report to the SEC?
o Not required to report information to the SEC.
o Requirement to file depends on the company's assets and shareholder base.
o Required to report major business developments and must file annual and quarterly financial reports.
o Must file annual and quarterly financial reports



21. Which of the following places the events in the correct order?
o Public comment period; Concept release; Rule proposal; Amendment of rule proposal; Rule adoption
o Concept release; Rule proposal; Public comment period; Amendment of rule proposal; Rule adoption
o Rule adoption; Concept release; Rule proposal; Public comment period; Amendment of rule proposal
o Amendment of rule proposal; Rule adoption; Concept release; Rule proposal; Public comment period



22. Fancorp regularly trades in securities on a national exchange. Which of the following is true concerning the company's requirement to report to the SEC?
o Required to report major business developments and must file annual and quarterly financial reports.
o Not required to report information to the SEC.
o Must file annual and quarterly financial reports
o Requirement to file depends on the company's assets and shareholder base.



23. Horace is trying to start a business. He knows several accredited investors who he knows will help him jumpstart his business. What constraints on investments for new businesses apply here?
o Investors may invest no more than $1 million combined for the first year of the business.
o Investors may invest a combined $50 million within a 12-month period.
o Investors' allowable investment depends on the accredited or non-accredited status.



24. Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act?
o This company must file a registration statement and prospectus with the SEC.
o As a new public company it does not need to take any special action.
o The company's obligations depend on what type of company it is and what type of securities it is offering.



25. Nation A has a contract with Nation B which it breaks. The International Court of Justice is asked to offer a decision resolving the matter. Which of the following is false?
o The ICJ can bind Nations A and B to an agreement even if there is no legal precedent for the situation.
o ICJ cannot deviate from similar decisions it has made on contract breaches before.
o The ICJ will examine the custom of law used heretofore to help determine the right decision.
o The ICJ will not hear the case if a party is not a UN member state.



26. Determine the legality of the transaction.
KlineCorp wants to conduct business with Company B in another country. While visiting Company B, the management team of Company A offers some of the foreign employees some free products from their company.
o Illegal bribe
o Legal or illegal, depending on the purpose
o Legal bribe



27. The citizens of France, Belgium, and Finland are upset by a recent trade law enacted in the European Union which they feel negatively impacts their respective economies. In order to resolve their concerns, they would turn to:
o The European Council
o The European Commission
o The European Parliament



28. Nation A has expansive manufacturing capabilities, and, therefore, its economy focuses on selling goods to other countries. Country B buys goods from Country A but can't pay for the goods until it makes money from its own exports. It would look to _______ for assistance.
o The World Bank
o The Bank for International Settlement
o The International Monetary Fund



29. Determine the legality of the transaction.
Tichatech is trying to pierce the global marketplace. When the CEO meets with a foreign prime minister, he offers him a vacation package to show his goodwill toward the country.
o Illegal bribe
o Legal bribe
o Legal or illegal, depending on the purpose



30. Nation A has a political dispute with Nation B. The nations are at odds, but they agree to let a mediator hear the dispute. Which group would hear and decide on the nations' dispute?
o The Security Council
o The Secretariat
o The International Court of Justice
o The General Assembly






Blinkorp is selling toys to retailers across the nation. Depending on the season, the company may make its toys with either higher-cost domestic plastics or lower-cost foreign plastics. The retailers who purchase from Blinkorp complain about the different prices caused by the differently-priced materials. Which of the following is true?
o Blinkorp is justified in charging different prices because it needs to meet the price of competition nationwide.
o Blinkorp is justified in charging different prices because the toy industry is so flexible and fluid.
o Blinkorp is engaging in price discrimination against the retailers and must equalize its prices.
o Blinkorp is justified in charging different prices because of the differing production costs.




Nation A is new at developing monetary policy and lacks the expertise to develop a high-performing financial system. It would look to _______ for assistance.
o The World Bank
o The International Monetary Fund
o The Bank for International Settlement





Identify the trade-restraining practice that this example demonstrates.
Company A and Company B both work in the candy industry. They agree that Company A will only sell chocolate to Company C and Company B will only sell fruit candies to Company C.
o Controlling output
o Price fixing
o No illegal practice
o Division of markets
o Illegal boycott



Chloe has her own office where she generates investment advice for companies. She is compensated for her advice. Which of the following is false?
o Chloe does have to be a registered adviser even if she only publishes informational analyses and reports concerning specific investments.
o Chloe does have to be a registered adviser even if she only advises for one company.
o Chloe does not have to be a registered adviser if she doesn't have authority to make investment choices for her clients.
o Chloe does not have to be a registered adviser if all of her clients are in the same state as her office.




Kathleen works for an accounting firm, Securate, as an auditor. Kathleen's firm provides many services including auditing services, investment consulting, and tax assistance. Kathleen is working on an audit for a company that Securate also does consulting for. Which of the following is true?
o Kathleen may not assist in consulting for the company.
o Kathleen may not assist in consulting services for the company unless she is an officer in the company.
o Kathleen may assist in consulting services for the company without restriction.
o Kathleen may assist in consulting services for the company as long as she makes notice of a conflict of interest.

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.


o

ETH321T Week 4 Apply Assignment SCORE 95 PERCENT (2020)

1. Bookmark question for later
For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.
Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.
o Guilty - Fraud in the execution
o Not Guilty
o Guilty - Undue influence
o Guilty - Duress

o
2. Bookmark question for later
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Penn contracts with Lisa to do a landscape architecture project on Lisa's property. Before the contract starts, a local city ordinance is instituted which severely limits citizens' ability to plant certain types and numbers of plants in order to conserve water. Penn and Lisa now need to institute a(n) __________.
o Force majeure renovation
o Novation
o Substitution
o Accord and satisfaction

o
3. Bookmark question for later
Based on the details of the scenario, determine what will most likely occur.
Jillian and Chase are making a contract in which Jillian ships beaver pelts to Chase, who then makes the pelts into hats to sell. A year into their contract, it becomes illegal to buy or sell beaver pelts in the U.S.
o Contract will be modified
o Contract is valid
o Contract is voided, subject to investigation
o Contract is voided

o
4. Bookmark question for later
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.
o Novation
o Accord and satisfaction
o Substitution
o Force majeure renovation

o
5. Bookmark question for later
Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person.
o Tanner: Delagatee; Lil: Delegator; Fin: Obligee
o Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary
o Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee
o Tanner: Delegator; Lil: Delagatee; Fin: Obligee

o
6. Bookmark question for later
Based on the details of the scenario, determine what will most likely occur.
Stewie, aged 16, has a contract with his guardian to do chores as payment for his food and housing. Stewie decides the contract is unfair and stops doing his chores.
o Contract will be modified
o Contract is voided
o Contract is valid
o Contract is voided, subject to investigation

o
7. Bookmark question for later
For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.
Lucy agrees over the phone with Daryl to sell him "the pretty necklace in the window" in Lucy's pawn shop. Lucy sends Daryl the wrong necklace from a different window.
o Guilty - Fraud in the execution
o Guilty - Duress
o Guilty - Undue influence
o Not Guilty

o
8. Bookmark question for later
For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.
Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments.
o Not Guilty
o Guilty - Undue influence
o Guilty - Duress
o Guilty - Fraud in the execution

o
9. Bookmark question for later
Match the status/existence of a contract with the scenario.
Larry posts on the internet that he is offering in-home interior design consultations and that interested customers should schedule an appointment and pay a consultation fee on his website. Brenda sends in a letter with a payment and a scheduled time for Larry to go to her house for a consultation. Which of the following is most likely true?
o Contract created
o Contract not created
o Insufficient information to determine

o
10. Bookmark question for later
Which of the following would not qualify as valid consideration?
o Laura buys $100 worth of clothes from Martha on credit.
o Bill rents an apartment from his landlord.
o Spencer and Linda sign a contract where Linda buys all her lumber from Spencer and Spencer sells as much lumber to Linda each week as he wants.
o Marcy pays Jim a dollar for every bag of tin cans he picks up for recycling.

o
11. Bookmark question for later
Based on the details of the scenario, determine what will most likely occur.
Melinda has a contract to pay 13% interest on a personal loan for 5 years. She decides the rate is unfair and files a complaint in court.
o Contract is voided
o Contract is voided, subject to investigation
o Contract will be modified
o Contract is valid

o
12. Bookmark question for later
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.
o Novation
o Force majeure renovation
o Substitution
o Accord and satisfaction

o
13. Bookmark question for later
Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
When a breach of contract results in no tangible harm to a non-breaching party, it can receive __________  damages from the breaching party.
o Punitive
o Compensatory
o Consequential
o Nominal

o
14. Bookmark question for later
What is the most likely status of the contract for the scenario?
Jena is contracting with Brigham to purchase his car. Before the sale, a tree falls on Brigham's car, ruining it. The contract is most likely:
o Void
o Enforceable
o Voidable

o
15. Bookmark question for later
For the scenario, determine if the party is guilty and what is "at play" related to agreement between parties.
Joy threatens Winston at knifepoint to sign a prenuptial agreement until he complies.
o Guilty - Fraud in the execution
o Not Guilty
o Guilty - Undue influence
o Guilty - Undue influence

o
16. Bookmark question for later
Based on the scenario, what is the classification of the tenancy?
Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris's tenancy is best classified as:
o Periodic tenancy
o Tenancy at sufferance(Incorrect)
o Tenancy for years
o Tenancy at will

o
17. Bookmark question for later
Which of the following shows the correct answer for examples of arbitrary trademarks?
o Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Example
o Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Non-Example
o Target, a retail store: Example; Band-aid, a bandage manufacture: Example
o Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example
o
18. Bookmark question for later
Determine the ownership status for the scenario below.
Phyllis offers property to a university on condition that the space is used for recreational use only. Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been:
o Fee simple subject to a condition subsequent
o Fee simple absolute
o Fee simple determinable
o Indeterminable with the given information

o
19. Bookmark question for later
Does the following pass the "test" of utility?
A prototype for a drone that can dig soil.
o Does not pass test
o Passes test

o
20. Bookmark question for later
Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Lenny, an Italian chef, has his son Giovanni plant a camera in the kitchen of competitor in order to learn the competitor's secret recipe.
o Trade secret is protected
o Answer dependent on additional details not provided
o Trade secret may be used by others
o Trade secret exists
o Trade secret does not exist (Incorrect)

o
21. Bookmark question for later
Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Orlando works for a manufacturing company in its research and development division. After years of research and testing, Orlando finally discovers the secret to a competitor's efficient manufacturing process.
o Trade secret does not exist
o Answer dependent on additional details not provided
o Trade secret is protected
o Trade secret exists
o Trade secret may be used by others

o
22. Bookmark question for later
Does the following pass the "test" of novelty?
A design for a plate that turns into a bowl.
o Does not pass test
o Passes test

o
23. Bookmark question for later
Which of the following would most likely be considered fair use?
o Making photocopies of an artist's canvas and selling them
o Copying the blueprints for a stylish building to be used for building your own replica.
o Copying a poem by an amateur poet and publishing it as your own in a poetry contest.
o Showing a clip of a new movie to draw audiences to come watch the movie in theatres
o
24. Bookmark question for later
Does the following pass the "test" of novelty?
A design for a chair that folds.
o Passes test
o Does not pass test

o
25. Bookmark question for later
Does the following pass the "test" of non-obviousness?
A machine that folds shirty perfectly.
o Does not pass test
o Passes test

o
26. Bookmark question for later
Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Jake's company uses a unique ergonomics and organization system to help employees work more efficiently. The company wants Jake to sign a non-disclosure agreement not to expose the system.
o Answer dependent on additional details not provided
o Trade secret is protected
o Trade secret exists
o Trade secret may be used by others
o Trade secret does not exist

o
27. Bookmark question for later
Determine the ownership status for the scenario below.
Victoria has been paying a mortgage on her property for the past 30 years. When Victoria pays the last payment on her mortgage, her ownership interest in the property will be:
o Fee simple absolute
o Fee simple subject to a condition subsequent
o Indeterminable with the given information
o Fee simple determinable

o
28. Bookmark question for later
Which of the following shows the correct answer for examples of suggestive trademarks?
o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Example
o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Example
o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Non-Example
o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Non-Example
o
29. Bookmark question for later
Based on the scenario, what is the classification of the tenancy?
Darla moves into one of Bret's spare rental units while Bret is away on vacation. Bret doesn't even notice Darla's presence until several months later. Darla's tenancy is best classified as:
o Tenancy at will
o Tenancy at sufferance
o Periodic tenancy
o Tenancy for years

o
30. Bookmark question for later
Determine the type of property involved for each example.
Cecil leaves his jacket on a bench in the park. He never goes back to look for it. The jacket is:
o Mislaid Property
o Abandoned Property
o Gift or Inheritance

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

Exam 412756RR - Group Insurance

1. What is the term used to describe a situation in which an employee maintains his or her group coverage after employment is terminated?
A. Persistency
B. Comity
C. Underwriting
D. Portability

2. Berk's Manufacturing requires all of its nondisabled employees to retire when they become eligible for Medicare. What law is this company breaking?
A. Mental Health Parity Act
B. Social Security Act
C. Employee Retirement Income Security Act
D. Age Discrimination in Employment Act

3. Categories contained in the benefit schedule under which all employees must be sorted are called
A. eligibility determinations.
B. covered classifications.
C. insurability tiers.
D. general groups.

4. Which of the following statements concerning the traditional form of accidental death and dismemberment coverage is correct?
A. Death benefits are payable only if death occurs within 30 days of an accident.
B. Death benefits are automatically paid to the employee's spouse if an employee is married.
C. Dismemberment benefits are usually paid for occupational accidents only.
D. Coverage usually ceases at retirement even if some or all of the basic group life insurance continues.

5. Which of the following causes of disability would be covered under a typical group short-term disability income contract?
A. Illness that allows for partial employment
B. Self-inflicted injuries
C. Injury eligible for workers' compensation
D. Drug addiction

6. Which of the following is usually integrated with long-term disability income plans?
A. State welfare programs
B. Workers' compensation laws
C. Individual disability income contracts purchased by employees.
D. Cafeteria plans

7. Regarding underwriting considerations, what information may an employer have to provide to an insurance company to show that the company is insurable?
A. The employees' health histories
B. References from customers
C. The firm's total number of employees
D. The employer's financial records

8. The short-term disability benefits from an employer are combined with _______ to make sure that an employee doesn't receive benefits that are more than his or her salary.
A. earnings from employment
B. pension-plan payments
C. sick-leave plans
D. workers' compensation payments

9. Which of the following statements concerning the Pregnancy Discrimination Act is correct?
A. It allows pregnancy benefits to be excluded for female employees who are unmarried.
B. It requires benefits to be provided for elective abortions.
C. It requires that pregnancy-related medical conditions and other medical conditions be treated in the same manner for purposes of extended medical expense benefits after termination of employment.
D. It requires any female dependents of employees who have coverage under a group medical plan to be provided with benefits for pregnancy.

10. If an employee, who has $100,000 in group term life insurance, dies at the age of 67, what amount may be paid to the beneficiaries on his or her death if reductions are taken based on age?

A. $65,000
B. $89,000
C. $35,000
D. $67,000

11.Which of the following statements concerning the federal tax treatment of life insurance proceeds under a group term life insurance contract is correct?
A. The growth of group term insurance has not been affected by federal tax laws.
B. An absolute assignment of all incidents of ownership will remove the proceeds from the insured's estate as long as the assignment is made within three years of death.
C. A spouse can exclude the first $5,000 of interest income from taxation if the proceeds are paid in installments under a settlement option.
D. No tax deduction is allowed if the employer is named as beneficiary of an employee's life insurance coverage.

12. Which of the following statements concerning sick-leave plans is correct?
A. Traditionally, many sick-leave plans were highly regulated.
B. Surveys indicate that about 10% of employees with short-term coverage obtain benefits under sick-leave plans.
C. Most plans require an employee to satisfy a probationary period before becoming eligible for benefits.
D. Most plans are designed to provide benefits equal to no more than 50% of an employee's regular pay.

13. Which of the following statements about the underwriting of group universal life insurance is correct?
A. Underwriting standards are not typically affected by available coverage amounts.
B. Group universal life insurance products are not typically considered for employers with less than 200 employees.
C. Most insurers require 100 percent participation.
D. Increases in the amount of coverage are often subject to evidence of insurability.

14. An employer with fewer than 15 employees might be required to offer medical insurance benefits to a pregnant employee because the
A. employer may be held responsible if the child is born with medical problems.
B. employer provides sick leave for employees.
C. state in which the employer operates requires it.
D. employer offers medical insurance benefits to nonpregnant employees.

15. What's the primary reason for the increase in popularity of voluntary benefits in recent years?
A. State legislation that mandates benefits
B. Employers' attempts to contain the rising costs of employee benefits
C. The federal government's attempt to make medical expense insurance more widely available
D. Guaranteed-issue underwriting for all plans

16. The relationship between an employer and an insured multiple-employer trust is spelled out in which of the following?
A. A certificate of insurance
B. ERISA fiduciary standards
C. The master contract
D. A joinder agreement

17. If an employer has offices in New York, New Jersey, and Los Angeles, how would that employer determine which state regulations govern the group insurance contract?
A. The state with the most employees would govern the contract.
B. The state with the most stringent regulations would govern the contract.
C. The state in which the insurance contract was delivered would govern the contract.
D. Each office would abide by the requirements of its own state.

18. The provisions in disability income contracts concerning termination are the same as those found in group life insurance, with what one notable exception?
A. A conversion privilege is rarely included.
B. The employee can continue coverage by enrolling in an individual plan.
C. The employee can terminate coverage and withdraw cash value.
D. The employee can be directly billed to continue coverage at a higher expense.

19. Bob, a 10-year employee of Company X, is in the Army Reserve. Bob's Reserve unit was called to serve overseas for three months. Company X told Bob that his position would be held for him until he returned. Bob was permanently injured, losing an arm and a foot while fighting overseas. What will happen when he returns?
A. Bob would receive no disability payments.
B. Bob would receive 100 percent of his pay after his 30 days of sick leave were used.
C. Bob would receive 100 percent of his pay from Company X as soon as he returned to the United States.
D. Bob would receive 100 percent of his pay from Company X for the first six months of his disability and 60 percent thereafter.

20. Which of the following statements concerning retired-lives reserves is correct?
A. They must be established and maintained with an insurance company.
B. Investment earnings of the reserve are usually taxed to employees.
C. Their major advantage is the ability to prefund postretirement coverage in excess of $50,000 for all employees on a tax-deductible basis.

D. If properly designed, they will enable an employer to make currently tax-deductible contributions during employees' working years