LAW 531 Final Exam C.

This document of LAW 531 Final Exam C. shows the solutions to the following problems:

1) Sandy lives on the top floor of a 10-story building in a big city. There is a 30-story apartment building under construction next door to her building. One morning while eating her corn flakes, a brand new toilet comes crashing through the roof of Sandy’s apartment and injures her. She would like to sue the construction firm, but has no way of finding out or proving what persons were involved or exactly what happened. The doctrine that would most help Sandy is:

2) The school of jurisprudence that believes that free market forces should determine the outcome to lawsuits is:

3) Which of the following is a distinguishing feature of a common law legal system?

4) ________ is a form of alternative dispute resolution that is often used when the parties involved do not want to face one another.

5) Which of the following is true with regards to arbitration?

6) Which of the following is true regarding mediation?

7) Assume that a state passes a statute that prevents disclosure of the horsepower of automobile engines. The purpose of this law is to prevent the car companies from trying to market cars with more horsepower than those of their competitors. This statute would most likely be found to:

8) If there is an area of interstate commerce that the federal government has not chosen to regulate, the states can:

9) What is the result of the “effects on interstate commerce” test?

10) Which of the following is true about comparative negligence and contributory negligence?

11) Burger Prince is one of the largest hamburger chains in the country and fiercely competitive with the well-known chain of Captain Hook Seafood House restaurants. Captain Hook recently introduced a new line of hamburgers in order to expand beyond seafood. Burger Prince received information that it believed to be reliable indicating that Captain Hook’s burgers contained a substantial amount of fillers. Burger Prince then ran advertisements saying that its pure beef burgers were better than Captain Hooks that used fillers. Which of the following is true?

12) Product disparagement differs from defamation of a nonpublic figure in that:

13) Sean has a 6 year old car which he bought 2 years ago from its original owner. Eight months ago he received a recall notice about a safety problem with the brakes. He never responded to the notice. Yesterday Sean was driving when the brakes failed and caused him to strike and injure a pedestrian. Which of the following is true in lawsuits against the car’s manufacturer?

14) Barry buys a new sports car. The car sits low to the ground and because of the styling visibility to the rear is limited. About a month after Barry buys the car, he backs over his pet poodle as he is leaving for work. In his strict liability suit against the car manufacturer, Barry will:

15) Power Tool Company manufactures table saws. These saws have several safety devices including a permanent blade guard. The guard keeps the user’s hands from touching the blade while it is moving. Ralph buys a Power table saw, but he takes the blade guard off because it inhibits the type of work he wants to do. Later Ralph is injured while using the saw. If the blade guard had been left on, Ralph would not have been injured. Ralph sues Power Tool Co. under a strict liability theory. The best defense that Power could raise based on these facts is:

16) Mary applied for a permit with a federal administrative agency to operate a business within the boundaries of a popular national forest. The agency grants a limited number of these permits that allow operation of the business during the busy tourist season. The agency has turned down Mary’s application even though she received a permit in the prior year, paid the related fees on time, and violated none of the permit’s conditions. The agency granted a permit to a different applicant who had never run this type of business previously. If Mary appeals the decision to a court, what standard of review will it most likely use?

17) Unfair and deceptive trade practices are general regulated by the:

18) Which of the following statements best describes the procedures under the Clean Air Act?

19) Mr Smith awakens one morning to the sound of construction in his backyard. When he looks out the window, he sees Ajax Construction Co. apparently erecting a garage on his property. He had not spoken or contracted with Ajax for this service. However, Mr Smith really wanted a new garage, so he let them continue. Later it was discovered that the garage was intended to go next door. Ajax sues Mr Smith for the value of the garage. What is the probable result?

20) The circumstances where an offer cannot be withdrawn under promissory estoppel is also known as:

21) George, an employee, breaches a fixed-term employment contract by quitting before the end of the term. What can his employer, MNO Inc. recover as damages?

22) In a guaranty arragement, the guarantor:

23) If a judge rules that a party lost its case because of the Statute of Frauds, the judge has essentially stated which of the following?

24) What does the parol evidence rule do?

25) Licensing of informational rights can best be described as:

26) Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true?

27) Which of the following best describes how e-mail contracts are viewed under the law?

28) William was a factory worker at the Spruce Industries plant. When it was learned he was a homosexual, he was fired. This action is:

29) Which of the following is true about sexual harassment in the workplace?

30) Which is true if someone believes he was fired from a job because of his religion?

31) Under the Occupational Safety and Health Act, which of the following is true?

32) Minimum wage, hours of employment, and child labor are regulated by the:

33) Which of the following is true about the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) as they related to health insurance?

34) Which of the following is true when someone accidentally makes an improvement to the personal property of another where the owner was unaware of the improvement until after it had been made?

35) George, an employee, breaches a fixed-term employment contract by quitting before the end of the term. What can his employer, MNO Inc. recover as damages?

36) Edward’s Warehouse stores a variety of generic goods for several distributors in Anytown. Which of the following describes Edward’s liability for the bailed goods should something happen to them?

37) Which of the following is true about misappropriation of trade secrets?

38) What was accomplished by the Visual Artists Rights Act?

39) A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as;

40) How does an easement appurtenant differ from an easement in gross?

41) The landlord has the right to enter the leased premises:

42) Sam sells property to Betty and delivers Betty a deed that says "This property is conveyed to Betty so long as she never operates a bar on the premises.” If she operates a bar on the premises, Sam Seller may take possession of the property. The type of interest that Betty Buyer has acquired is a:

43) If a corporation is properly incorporated in one state and wants to do business in second state, the corporation:

44) If an LLC fails to follow formalities such as keeping minutes of meetings, then which of the following is true?

45) Limited partners can lose their limited liability by:

46) Title IX of the Sarbanes-Oxley Act contains penalties for white collar crimes. What is the penality if someone certifies “any statements as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport…”

47) This is prohibited under the Sarbanes-Oxley Act:

48) The Sarbanes-Oxley Act provides for the establishment of the _____________ to over see audits of public companies. This will be done to protect the interests of shareholders and investors.

49) In what ways may officers and directors protect themselves from liability for actions taken as an officer or director?

50) There are no accountants on the board of the Oriole Corporation. The board routinely relies on a Certified Public Accountant (CPA) to explain the financial situation of the corporation. The board does not do an independent analysis of the CPA’s report. In these circumstances, the board is: