Ans Doc209Y

CLICK HERE TO DOWNLOAD THIS ANSWER INSTANTLY

Question 1
Internet Services, Inc. (ISI), is an Internet service provider. ISI does not create, but disseminates, a defamatory statement by Jill, its customer, about Ron. Liability for the remark may be imposed on
Answer
ISI and Jill.
ISI or Jill, but not both.
ISI only.
Jill only.
Question 2
Superb Auto Sales sells cars, trucks, and other motor vehicles. A Superb salesperson tells potential customers, “This is the finest car ever made.” This statement likely is
Answer
an express warranty.
an implied warranty.
a warranty of title.
puffing.
Question 3
Perfume Company executives insist that their sales personnel be “thin, cute, and sexy.” They thus discriminate against people who are not thin, cute, and sexy based on this appearance standard. This employment standard pursuant to civil rights laws is:
Answer
Illegal since it is illegal discrimination based on appearance.
Legal as long as the standard is applied equally to men and women on the sales force.
Illegal if the appearance discrimination is used as a subterfuge for race or color discrimination.
B and C.
Question 4
Mike promises to pay Nora to work for him. Nora agrees and quits her job, but Mike does not hire her. Mike may be liable to Nora based on
Answer
the concept of accord and satisfaction.
the doctrine of promissory estoppel.
the preexisting duty rule.
the principle of rescission.
Question 5
The directors of Global Investment Company made a “bad” business decision in 2006, by relying on the advice of financial experts and lawyers and accountants, who all thought the real estate market would continue to rise for years and years; and thus the directors invested heavily in mortgage backed securities instead of conservative gold and gold stocks and Treasury bonds. Of course, when the recession came, Global Investment Company lost a great deal of money for its shareholder investors. The shareholders then sued the directors for negligence. The directors are best protected legally by:
Answer
The comparative negligence doctrine because the shareholders likely were sophisticated investors who should have known that “what goes up, must come down.”
The assumption of the risk doctrine since everyone knows that the stock market is a risky venture.
The Business Judgment Rule even though the decision turned out to be a “bad” business one.
The doctrine of strict liability for ultra-hazardous activities since it was common knowledge at the time that people were being granted mortgages with no down-payment and no verifiable evidence of income, assets, or employment.
Question 6
Masud, a high-tech employee of Global Tech, signs a covenant not to compete with the firm in which Masud promises not to work for a competitor of Global if and when he leaves the company’s employ for any reason. This promise can be best characterized as:
Answer
Unenforceable since it is a restraint of trade.
Unenforceable in most states if Masud is a single-parent and got laid-off through no fault of his own when his job was outsourced to India.
Enforceable but only if Global pays Masud severance for six months in accordance with the federal Family Medical Leave Act.
Enforceable if the time period and the duration of the covenant are reasonable and Masud had access to confidential proprietary information.
Question 7
General Contractor Corporation (GCC) begins constructing a building for High-rise Apartments, Inc. In mid-project, GCC asks for $150,000 more, claiming an increase in ordinary business expenses. High-rise agrees. This agreement generally is
Answer
enforceable as an accord and satisfaction.
enforceable because of the unforeseen difficulties.
unenforceable as an illusory promise.
unenforceable due to the preexisting duty rule.
Question 8
Marcus, an entrepreneur, has developed an excellent business plan for a proposed business. He wants to show it to some venture capitalists with the hope that they will invest in the venture, but he is concerned about protecting his business plan from appropriation and wants to protect it as a legal trade secret. Can the business plan be protected as a trade secret?
Answer
No, because it cannot be kept secret since Marcus obviously has to show it to people.
No, because it does not have actual worth, rather only potential worth since it is a proposed business.
No, because it contains only “soft” information, such as ideas, concepts, strategies, and plans, and not “hard” scientific information, such as formulas.
Yes if Marcus takes reasonable efforts to keep the plan secret such as putting a confidentiality notice and warning on the plan.
Question 9
Eve, an employee of First Bank, is injured. For Eve to receive work¬ers’ compensation, the injury must be
Answer
accidental and arise out of a preex¬isting disease or condition.
accidental and occur on the job or in the course of employment.
intentional and arise out of a preex¬ist¬ing disease or condition.
intentional and occur on the job or in the course of employment.
Question 10
General Construction contracts to build a store for Home Stores for $1 million. In mid-project, Home repudiates the contract, and General stops working. General incurred costs of $600,000 and would have made a profit of $100,000. General’s measure of damages likely is
Answer
$1 million.
$700,000.
$100,000.
nothing.
Question 11
ABC, Inc., orally contracts for a lease of its storage facilities to DEF Company. DEF pays part of the price, takes possession, and makes permanent improvements to the property. The contract is most likely enforceable against
Answer
ABC and DEF.
ABC only.
DEF only.
neither ABC nor DEF.
Question 12
Jill sells her business to Kyle and, as part of the agreement, promises not to engage in a business of the same kind within three miles for one year. This promise is generally
Answer
an unreasonable restraint of trade.
unreasonable in terms of geographic area and time.
unreasonable in terms of Kyle’s “goodwill” and “reputation.”
valid and enforceable.
Question 13
Yard Work, Inc., makes and sells garden tools. Under the strict liability doctrine, a tool could be unreasonably dangerous and defective
Answer
only if, in making the tool, Yard Work failed to use a less dangerous but economically feasible alternative.
only if the tool is dangerous beyond the ordinary consumer’s expectation.
if, in making the tool, Yard Work failed to use a less dangerous but economically and practically feasible alternative.
none of the above.
Question 14
Fran buys a franchise from Global Services, Inc. In their agreement, Global may specify
Answer
requirements for the business form of the organization only.
standards of operation only.
requirements for the form of business and standards of operation.
none of the above.
Question 15
Poole Company enters into a contract to build a pool for homeowner for $20,000. During the construction process, Poole discovers the remnants of a big, old, partially buried, tree trunk on the property. Poole can remove it but it will add additional time and cost to the project. Accordingly, Poole asks homeowner for an extra $1000 to complete the job, which homeowner reluctantly agrees to. When the tree trunk is removed and the job is finished, Homeowner only pays the original $20,000. Poole Company sues for the promised additional $1000. The likely result of the lawsuit will be:
Answer
Poole will prevail since homeowner clearly breached the promise to pay $1000.
Poole will prevail since it is a fair result since everyone knows how difficult it is to remove old tree trunks.
Poole will prevail since $1000 was very reasonable consideration under the circumstances.
Poole will lose as it gave no new consideration for the promise to pay the additional $1000.
Question 16
Pursuant to the commercial speech doctrine under U.S. constitutional law:
Answer
commercial speech is not constitutionally protected since the motive is for business to make money
commercial speech is given the same degree of protection as political speech since it is speech
commercial speech is not constitutionally protected since most commercials on television, especially around dinner-time, are loud, annoying, and gross
the advertising and marketing of adult, vice-like products and services, such as tobacco, liquor, and gambling, can be constitutionally protected.
Question 17
Elin learns that her employer has been monitoring her computer at work to make sure that her emails and website interaction are related to her job functions. She brings a lawsuit against her employer for the tort of intentional invasion of privacy. The likely result of this lawsuit would be:
Answer
She will prevail since her privacy was invaded.
She will lose since the old common law intentional torts do not apply to modern day employment relationships.
She will prevail if she was in fact using the computer for her work functions.
She will lose if the employer notified her and her co-workers that their computer use would be monitored.
Question 18
Susan and her neighbors who live in an older, working-class neighborhood had their homes seized by the city pursuant to eminent domain since the city wants to turn the property over to a big private developer who plans to build a mall, thereby increasing the tax base of the city. Susan and her neighbors have been evicted; but they are promised “fair market value” for their homes. However, they want to stay in their homes. They sue the city for acting in an unconstitutional manner. The likely result of that lawsuit would be:
Answer
Susan and her neighbors will win since the city seized their properties merely for a mall and not something major like an airport extension.
Susan and her neighbors will win because the city did not use the properties itself but turned them over to a private developer.
Susan and her neighbors will win since under the old common law, “An Englishman’s home is his castle,” and thus government cannot constitutionally seize private property.
Susan and her neighbors will lose, assuming they receive fair market value for their properties, since the city acted in a constitutional manner.
Question 19
Beta, Inc., includes a shrink-¬wrap agreement with its products. A court would likely enforce this agreement if a buyer used the product
Answer
after having had an opportunity to read the agreement.
before having had an opportunity to read the agreement.
only after actually reading the agreement.
none of the above.
Question 20
Digital Equipment, Inc., sells computer products. Which of the following may Digital’s board of directors do without shareholder approval?
Answer
Amend the articles of incorporation.
Buy substantially all of the assets of another corporation.
Dissolve the corporation.
Sell substantially all of the assets of Digital.
Which of the following is a false statement?
Answer
Adverse possession is a means of obtaining ownership and title of property without the delivery of a deed.
Government taking private property for public use or purpose in the U.S. requires the payment of “just compensation.”
In determining whether copyright protection under U.S. law should be granted, one key issue is the manner in which a particular idea is expressed.
A formula for a chemical compound cannot be a trade secret pursuant to U.S. trade secret law since it is too scientific.
Risk of loss passes in a sale of goods which does not involve a common carrier:
Answer
Upon tender of delivery for both merchant sellers and nonmerchant sellers.
Upon tender of delivery for merchant sellers and when goods are received by the buyer in the case of nonmerchant sellers.
Upon tender of delivery for nonmerchant sellers and when goods are actually received by the buyer in the case of merchant sellers.
When goods are received by the buyer for both merchant sellers and nonmerchant sellers.
Which of the following statements is false?
Answer
Notice-and-comment rulemaking is the most common rulemaking procedure used by administrative agencies in the United States to make law.
Tort law provides legal remedies for both personal injury and property damage.
To commit an intentional tort, a person must intend the consequences of his or her act or know with substantial certainty that certain consequences will occur.
To commit an intentional tort, a person always must act with an evil motive to commit physical harm.
Which of the following statements is false?
Answer
To bring a legal action in the U.S. against an employer for intentional discrimination based on the Civil Rights Act, the employee must demonstrate that he or she is a member of a protected class.
The Family and Medical Leave Act provides up to 15 weeks of paid leave for U.S. workers who experience the birth of a child or who undergo a serious illness.
The National Labor Relations Board decides whether a bargaining unit is “appropriate” for a union election in the U.S. by primarily determining if a community of interest exists among the workers in the potential unit.
Requiring equal pay for equal work for different sexes is part of U.S. labor and discrimination law.
The requirement that goods tendered to a buyer must conform in all ways to the terms of the contract is called the:
Answer
Complete Performance rule.
Perfect tender rule.
No right to cure rule.
Substantial performance rule.
Where there is no agreement to share profits in a partnership, but one partner has devoted twice as much time to the partnership as the other over the course of the year, how are profits to be split?
Answer
In the ratio of time devoted to the partnership.
Fairly, as determined by a court or other neutral party.
The profits must remain in the partnership and not be distributed.
Equally.
The Statute of Frauds does not cover
Answer
Contracts in consideration of marriage
Contracts for the sale of realty
Guarantees or guaranty contracts
Contracts that can be performed within one year
Which of the following is likely to be a breach of a corporate officer’s/director’s duty of care?
Answer
Failing to anticipate a drop in the consumer demand of the company’s product.
Failing to make a reasonable investigation of relevant facts.
Failing to predict the startup of a new competitor.
Failing to foresee a severe rise in the interest rate.
Ans Doc210
Which of the following circumstances would be exempt from having to acquire informed consent?
a.
A researcher compares the effectiveness of two different drugs to treat depression.
b.
A researcher compares the self-esteem of boys versus girls in an inner-city elementary school.
c.
A researcher compares the aggression of college students who watch either violent or nonviolent television programs.
d.
A teacher compares active versus passive learning strategies in two sections of her abnormal psychology course.
Suppose you create wish to summarize information from a published journal article. You do so by essentially keeping the same sentence structure and terminology of the original article, but you change a few words here and there and omit some phrases. According to your textbook,
a.
this is acceptable for student papers but not for professional scientists.
b.
this is considered plagiarism.
c.
this is acceptable paraphrasing as long as you use a parenthetical citation like this: (Johnson, 1992).
d.
this is considered a secondary citation.
Clara has written a research report that contains little scientific jargon but several emotional words. Clara has most likely engaged in
a.
a reliability analysis.
b.
correlational research.
c.
quantitative research.
d.
qualitative research.
Marianne wishes to determine if her qualitative research project would produce the same results if it was conducted in a different context. Marianne is most concerned about
a.
dependability.
b.
transferability.
c.
credibility.
d.
confirmability.
Pete conducts numerous interviews and engages in several observations of a gifted third-grader in order to better understand the adjustment of gifted children to public schools. Pete has conducted a(n)
a.
case study.
b.
experiment.
c.
participant observation.
d.
ethnographic inquiry.
Joe and Sam are coders in an observational study on sex stereotyping in television commercials. When they have finished collecting their data, they should calculate
a.
time sampling validity.
b.
interobserver validity.
c.
time sampling reliability.
d.
interobserver reliability.
Bess conducts a study in which she measures self-esteem and grade point average in a sample of 50 college students. She hypothesizes that higher self-esteem will be associated with higher grade point average. This research approach is best described as _________ research.
a.
archival
b.
correlational
c.
grounded theory
d.
ethnographic
James conducts a study on the number of churches and amount of crime and finds a strong positive relationship between the two (in other words, the more churches there are in a location, the more crime there is). What should James conclude?
a.
Churches cause crime; therefore, cities should attempt to reduce the number of churches.
b.
Committing a crime causes people to go to church more in an effort to atone for their sins.
c.
High population density causes both churches and crime to increase in any geographical location.
d.
None of the above; it is not appropriate to make causal claims based on correlational data.
Latoya develops a new scale to measure beliefs in extraterrestrials. She gives her new scale to 100 people twice, two months apart. She finds that in general, people who believe in extraterrestrials at Time 1 also believe in extraterrestrials at Time 2. Latoya’s scale exhibits good
a.
concurrent validity.
b.
content validity.
c.
test-retest reliability.
d.
split-half reliability.
In one study, half of the rats are given one food pellet each time they correctly run a maze, and the other half of the rats are given two food pellets each time they correctly run a maze. The researchers record the average amount of time it takes the rats to run the maze. In this study, the number of food pellets represents the __________ variable.
a.
independent
b.
dependent
c.
extraneous
d.
intrinsic
In one study, students read a fictitious job application. The applications are identical except that half have a female name (“Joan”) and half have a male name (“John”). The students rate the likelihood of the applicant succeeding at the job. What is the dependent variable?
a.
the name on the job application
b.
the students
c.
the students’ ratings of the applicants’ success
d.
the gender of the students
“Individuals who undergo therapy will differ in their levels of depression from those who do not undergo therapy.” This hypothesis is an example of a
a.
contradictory statement.
b.
nondirectional research hypothesis.
c.
directional research hypothesis.
d.
non-falsifiable hypothesis.
Daniel would like to study a new way of teaching research methods. There are two sections of research methods being taught at 2 p.m. on Mondays and Wednesdays, so Daniel has one teacher use the new way and the other teacher use the old way. At the end of the semester, he finds that students who were taught the new way had higher grades than students taught the old way. What is the extraneous variable?
a.
grades at the end of the semester
b.
method of instruction (new versus old)
c.
the two teachers
d.
There is no extraneous variable in this study.
George creates a new happiness scale and gives it to a sample of college students twice. Scores were consistent over time, which means that George’s scale is
a.
valid.
b.
reliable.
c.
negatively correlated.
d.
confounded.
Harry decides to use incomplete counterbalancing for his study in which each participant is exposed to six different treatments over the course of the study. He decides to randomly select the sequences he will use. Which requirement of counterbalancing is he likely to violate?
a.
Each treatment must be presented to each participant an equal number of times.
b.
Each treatment must occur an equal number of times at each testing or practice session.
c.
Each treatment must precede and follow each of the other treatments an equal number of times.
d.
both (b) and (c)
Demand characteristics act as ________ variables when participants know which group they are in, and demand characteristics act as _________ variables when participants are not sure which group they are in.
a.
nuisance; extraneous
b.
extraneous; nuisance
c.
extraneous; extraneous
d.
nuisance; nuisance
Tammy conducted a study in which participants rank-ordered their favorite free-time activities. Tammy used a(n) _________ scale of measurement.
a.
ratio
b.
nominal
c.
interval
d.
ordinal
Joseph would like to find a measure of central tendency for his occupation variable (measured as “sales,” “teacher,” or “other”). Joseph should use the
a.
median.
b.
mode.
c.
mean.
d.
It is impossible to find central tendency for this variable.
Darnell would like to calculate a measure of central tendency for his rank-ordered data. Darnell should use the
a.
mean.
b.
median.
c.
mode.
d.
Central tendency cannot be calculated for this data.
Suppose there are three authors on a manuscript. How should they determine the order in which the authors are listed on the title page?
a.
The author who made the most important contribution should be listed last.
b.
The author who made the most important contribution should be listed first.
c.
The order of authors should be randomly determined.
d.
Authors should be listed in alphabetical order.
Which of the following accurately depicts the structure of an introduction section?
a.
The introduction should contain primarily opinions in the middle paragraphs and facts in the first and last paragraphs.
b.
The last paragraph of the introduction should provide all the background information on your topic.
c.
The introduction should begin broadly and then narrow to a specific focus.
d.
The introduction should begin with a specific focus and end broadly.
How do you cite two papers published in the same year by exactly the same authors?
a.
Place a 1 or a 2 after the date of each reference
b.
Use the title of the article instead of author and date in your citation
c.
Put one of the references in quotes and the other not in quotes to distinguish them
d.
Place a lowercase a or b after the date of each reference
Examine the following headings:
Method Procedure
Pretraining period.
The heading Pretraining period is considered a level _____ heading.
a.
1
b.
3
c.
4
d.
5
Which of the following illustrates passive voice?
a.
The experimenter gave each participant a debriefing sheet.
b.
The participants were paid, debriefed, and dismissed.
c.
The participants showed the experimenter their recall sheets.
d.
All of the above illustrate passive voice.
The word __________is used for restrictive clauses and the word ___________ is used for nonrestrictive clauses.
a.
that; which
b.
which; that
c.
that or which; that or which
d.
that or which; that
Which of the following statements is true concerning the usage of since and while?
a.
Since can be used interchangeably with because.
b.
While can be used interchangeably with although.
c.
While can be used interchangeably with whereas.
d.
Since and while can only be used to make time comparisons.
Which of the following would be the best term, according to the APA Publication Manual?
a.
Schizophrenics
b.
People diagnosed with schizophrenia
c.
Subjects diagnosed with schizophrenia
d.
Schizophrenic subjects
Frances wishes to study the effects of violent videogames on children’s levels of aggression. As children come to the lab for the study, she flips a coin. If it turns up heads, the child plays a violent videogame. If it turns up tails, the child plays a nonviolent videogame. Frances has used the technique of
a.
random selection.
b.
random assignment.
c.
creating matched pairs.
d.
correlated assignment
Latitia conducted an experiment in which all the men watched an aggressive television program, and all the women watched a non-aggressive television program. Her results showed that people who watched the aggressive program were later more aggressive than people who watched the non-aggressive program. She concludes that aggressive television programming is detrimental. What is the biggest problem in Latitia’s experiment?
a.
She has not used random selection procedures.
b.
She has confounded gender and type of television program.
c.
She should have used a correlated-groups design instead of an independent-groups design.
d.
None of the above; there are no problems in Latitia’s experiment.