Archive for February 2017

A message with an overly low vocabulary level will probably

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A message with an overly low vocabulary level will probably




a. be best for most groups of receivers.
b. be well received because receivers will be made to feel intelligent.
c. not be understood clearly by receivers because some or many of the words will rarely be used by them.
d. not hold the attention of the receivers









Answer: D

Which of the following is an effective method for overcoming writer's block?

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Which of the following is an effective method for overcoming writer's block?




a. Choose a quiet place to write where there is absolutely no noise.
b. Divide the writing project into smaller, more manageable parts.
c. Draft your document starting at the beginning and
d. Stay with the same writing process for the entire project.







Answer: B

Oral messages are considered unsuitable for complex messages because

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Oral messages are considered unsuitable for complex messages because





a. it is easy for the receiver to become distracted.
b. oral communication should be reserved for informal messages.
c. receivers have limited time to reflect on them.
d. the sender could become confused while delivering the message







Answer: C

Why are short subject lines desirable in e-mail?

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Why are short subject lines desirable in e-mail?




a. A long subject line could be truncated by the receiver's e-mail system.
b. Long subject lines duplicate too much of the message.
c. Subject lines waste the writer's time because readers don't use them.
d. They are easier to write than long subject lines.







Answer: A

Readability formulas

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Readability formulas



a. check the actual words used in a message.
b. determine the manner in which words are combined into sentences in messages.
c. indicate the vocabulary level at which a message is written.
d. measure the average length of sentences, the percentage of difficult words in a message, and the accuracy of the message







Answer: C

To achieve the goals and purposes of your message when a message is written for multiple receivers, the messages must be understandable to the receiver in the group with

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To achieve the goals and purposes of your message when a message is written for multiple receivers, the messages must be understandable to the receiver in the group with





a. the least amount of subject knowledge, the lowest vocabulary level, and the least emotional opposition to the message.
b. the least amount of subject knowledge, the lowest vocabulary level, and the most emotional opposition to the message.
c. the most amount of subject knowledge, the highest vocabulary level, and the least emotional opposition to the message.
d. the most amount of subject knowledge, the highest vocabulary level, and the most emotional opposition to the message.






Answer: B

Which of the following is NOT an advantage of written messages?

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Which of the following is NOT an advantage of written messages?





a. Written messages accommodate lengthy and complex content.
b. Written messages can be reread, studied, edited, and revised.
c. Written messages provide a permanent record.
d. Written messages allow an accurate response in a shorter time frame because there are no non verbal cues to be interpreted.







Answer: D

E-mail is said to resemble a memo because

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E-mail is said to resemble a memo because




a. it is an internal communication method.
b. it is informal.
c. it uses the same headings.
d. spelling, grammar, and punctuation are unimportant







Answer: C

Three ways to emphasize ideas are by

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Three ways to emphasize ideas are by




a. length, location, and sentence structure.
b. repetition, mechanics, and competition.
c. explicitness, strong words, and imprecise meanings.
d. placement at the beginning of a sentence, placement at the end, and addition of several modifiers of the subject






Answer: A

Emphasizing words by mechanical means

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Emphasizing words by mechanical means




a. special formatting such as boldface, italics, underlines, and color.
b. using strong words instead of weak words.
c. remembering to add " thank you" in the last paragraph of each letter..
d. ending the paragraph by repeating the main idea.





Answer: A

Which of the following is NOT true of the use of copyrighted material?

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Which of the following is NOT true of the use of copyrighted material?




a. If you do not see a copyright notice on the material, you know it is free of copyright.
b. You do not have to cite a source for information that is general knowledge.
c. If you are quoting material, quote it accurately.
d. Give credit to the source for either quotes or paraphrased material.






Answer: A

Which of the following e-mail practices is illegal?

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Which of the following e-mail practices is illegal?




a. Sending animated greetings through business e-mail.
b. Sending and receiving child pornography.
c. Shopping on the Internet at work.
d. Refusing to sign the employer's Internet policy








Answer: B

Which one of the following statements is NOT true based on what you read in this chapter?

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Which one of the following statements is NOT true based on what you read in this chapter?




a. In many communication situations, you will be faced with gray areas when making decisions about right or wrong.
b. Ethics codes are often in handbooks and placed on company websites.
c. A code of ethics is not effective unless it guides employees' behavior with clear direction about temptations common to the position.
d. If your employer directs you to do something, you are not responsible for making an ethical decision even though it violates your own values and principles.









Answer: D

To be an ethical communicator, you should NOT do which of the following?

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To be an ethical communicator, you should NOT do which of the following?



a. Determine exactly what ethical communication is.
b. Adopt principles that help you choose ethical message content.
c. Strive for the highest good for all involved and provide information that is fully adequate for the circumstance.
d. Measure the ethics of the communication by what is commonly accepted and practiced by those with whom you work.









Answer: D

The Americans with Disabilities Act

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The Americans with Disabilities Act




a. applies to firms with 50 or more employees, including part time.
b. prohibits an employer from eliminating a qualified applicant who has a disability if he or she can perform essential job functions with reasonable accommodations.
c. requires the employer to question the applicant about the disability to assess whether he or she can function in the advertise position.
d. describes certain restrictions concerning scheduling and notice requirements






Answer: B

The Family Educational Rights and Privacy Act (FERPA)

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The Family Educational Rights and Privacy Act (FERPA)




a. protects the privacy of student information.
b. requires employers to allow employee leave for family illness.
c. limits the use of personnel information to the purpose for which it was collected.
d. defines bona fide occupational qualifications (BFOQ).






Answer: A

The Labor Management Relations Act

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The Labor Management Relations Act





a. guides communication between management and workers concerning union activity.
b. prohibits discrimination against workers over 40 years of age.
c. requires affirmative action in hiring practices.
d. allows employees to access information about themselves.






Answer: A

The Federal Truth-in-Lending Act requires

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The Federal Truth-in-Lending Act requires






a. what debt collectors can and cannot do.
b. full disclosure of all charges and effective annual interest rate.
c. requires fair treatment by debt collectors.
d. sets the terms and conditions of certain types of loans





Answer: B

Which one of the following statements is NOT true of paraphrasing?

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Which one of the following statements is NOT true of paraphrasing?




a. Restates the author's ideas or words in your own words but retain the original author's meaning.
b. Does not need a citation added.
c. Is unethical and can be illegal if it violates copyright laws.
d. Rewording another person's ideas to make them appear to be your own is unethical.







Answer: B

When working with a translator, you should

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When working with a translator, you should





a. select someone with foreign language software experience.
b. provide for back translation to check for errors.
c. select someone who is a specialist in the language other than yours.
d. select someone with a knowledge of the formal language structure rather than an interpreter who knows the language nuances






Answer: B

When working with an interpreter,

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When working with an interpreter,




a. maintain eye contact with the interpreter while you speak.
b. use long introductory phrases.
c. permit your interpreter to explain your remarks or to ask you questions if necessary.
d. concentrate on your interpreter while speaking to be sure he or she understands you.








Answer: C

An example of being open to and accepting of other culture include

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An example of being open to and accepting of other culture include



a. understanding that cultures differ in what they do and believe and respecting those differences.
b. maintaining your networks with colleagues and having only limited contact with person from cultures different from yours.
c. expecting punctuality, honesty, and directness from everyone regardless of cultural background.
d. feeling offended when small groups of people at the conference speak to each other in their native language







Answer: A

In adapting to language differences in another country, which of the following behaviors are NOT good practices?

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In adapting to language differences in another country, which of the following behaviors are NOT good practices? 




a. Learn as much as you can of the native language.
b. Observe and learn language patterns and nonverbal communication.
c. Regardless of your receiver's communication style preference and cultural values, express your main message content as you normally would.
d. Show respect for the cultural values in that country






Answer: C

The grapevine is another name for

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The grapevine is another name for 




a. informal communication.
b. interoffice communicating.
c. network communication.
d. serial communication






Answer: D

Formal communication in an organization

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Formal communication in an organization



a. flows in all directions.
b. is essential for effective personal relationships.
c. is not essential for the operation of a business.
d. is not planned by the organization







Answer: A

Business communication can be described as

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Business communication can be described as




a. all contacts inside and outside an organization.
b. establishing a common understanding within a business environment.
c. preparing letters and memos.
d. the transmission of data and information in the business environment







Answer: B

Which statement about money laundering and/or embezzlement is true?

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Which statement about money laundering and/or embezzlement is true?



a. Both money laundering and embezzlement are crimes involving illegally obtained money.
b. Money laundering involves taking the proceeds of criminal activities and either using the money to promote crime or attempting to conceal the source of the money.
c. Embezzlement is the fraudulent conversion of property that is already in the defendant's possession.
d. Both (a) and (b).






Answer: D

Shana, a police officer, stops Liam's car for a traffic offense. While talking to Liam, she shines a flashlight into the passenger compartment of Liam's car and sees evidence of drug paraphernalia. Which statement is correct?

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Shana, a police officer, stops Liam's car for a traffic offense. While talking to Liam, she shines a flashlight into the passenger compartment of Liam's car and sees evidence of drug paraphernalia. Which statement is correct?




a. Shana may search the passenger compartment of the car without Liam's consent; however, she may not search the trunk of the car without his consent or without a search warrant.
b. Shana may not search the passenger compartment of the car (nor any place else) without Liam's consent or a search warrant. However, she can require Liam to remain parked until the search warrant is brought to her.
c. Under the above circumstances, Shana can write Liam a traffic citation but cannot search the vehicle.
d. Shana may search the passenger compartment of the car and any place else in the car, including the trunk, without Liam's consent.





Answer: D


Kira, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court:

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Kira, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court:



a. acted properly if this were a federal proceeding; however, it did not act properly if this were a state proceeding.
b. acted properly if this were a state proceeding but not if this were a federal case.
c. acted properly in this case.
d. erred in fining the company since finding both Kira and the corporation guilty violates the Double Jeopardy Clause of the Constitution.





Answer: C

Raina is an undercover police officer. One evening she is posing as a prostitute in a bar. Harold, a salesman who is attending an out-of-state convention, begins talking with Raina. After about ten minutes, Raina suggests going to her room for a good time but points out he will need to "donate" $100 to her. Arriving at Raina's hotel room, Harold asks if she is a policewoman. Raina lies and says she is not. When Harold gives her $100, Raina shows him her identification and arrests him. Which of the following is correct?

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Raina is an undercover police officer. One evening she is posing as a prostitute in a bar. Harold, a salesman who is attending an out-of-state convention, begins talking with Raina. After about ten minutes, Raina suggests going to her room for a good time but points out he will need to "donate" $100 to her. Arriving at Raina's hotel room, Harold asks if she is a policewoman. Raina lies and says she is not. When Harold gives her $100, Raina shows him her identification and arrests him. Which of the following is correct?



a. Harold appears to have been the victim of entrapment since Raina lied about being a police officer.
b. Harold appears to have been the victim of entrapment since Raina was the one who suggested the activity that resulted in Harold's arrest.
c. Both (A) and (B).
d. None of these answers.




Answer: D

British Petroleum, found guilty of two serious environmental violations as discussed in the textbook:

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British Petroleum, found guilty of two serious environmental violations as discussed in the textbook:



a. was fined $11 million for each of the criminal violations.
b. was fined a total of $62 million for both criminal violations.
c. received no fines because a corporation cannot be fined without hurting innocent shareholders.
d. was fined a total of $9 million for both criminal violations






Answer: B

Choctor Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:

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Choctor Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:



a. federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
b. the Federal Sentencing Guidelines no longer apply.
c. any cases would be prosecuted in state, rather than federal, court.
d. federal investigators would no longer investigate the company since Choctaw could take care of any problems internally.






Answer: A

A criminal defendant has a right to:

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A criminal defendant has a right to:



a. a jury trial, but only if the charge could result in a sentence of three months or longer.
b. a jury trial, but only if the charge could result in a sentence of six months or longer.
c. None of these answers.
d. a jury trial no matter what.






Answer: B

Which of the following is NOT a protection afforded criminal defendants by the Bill of Rights?

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Which of the following is NOT a protection afforded criminal defendants by the Bill of Rights?



a. The protections of due process, double jeopardy, and the prohibition against being forced to testify against yourself.
b. The protection against friends incriminating other friends.
c. The guarantee of legal representation at all important stages of the criminal process.
d. The prohibition against unreasonable searches and seizures.







Answer: B

William burned his own warehouse in order to collect on a fire insurance policy. William has committed:

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William burned his own warehouse in order to collect on a fire insurance policy. William has committed:



a. larceny since he committed an act intended to wrongfully obtain money from his insurance company.
b. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person.
c. an intentional tort, but not a crime since a person has a right to destroy his own property.
d. arson.






Answer: D

Wardow Corp. was convicted of violating federal RICO laws. Accordingly:

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Wardow Corp. was convicted of violating federal RICO laws. Accordingly:



a. the government may file a civil lawsuit against the company to obtain injunctions and other relief.
b. individuals may file civil lawsuits against the company for violating the RICO statute to recover losses sustained by the criminal act.
c. All these answers.
d. the government may file criminal charges against both the company and the individuals associated with the criminal acts.






Answer: C

Important steps in the criminal process, in the proper order, include:

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Important steps in the criminal process, in the proper order, include:



a. indictment, arrest, probable cause hearing, plea bargain, arraignment, trial, and appeal.
b. probable cause hearing, search, arrest, indictment, arraignment, plea bargain, and trial.
c. arraignment, booking, bail hearing, trial, and grand jury indictment.
d. arrest, probable cause hearing, motion to suppress, booking, and trial.





Answer: B

Which of the following statements is correct?

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Which of the following statements is correct?



a. White-collar crime results in a greater monetary loss to society than street crime.
b. Studies are not able to calculate the estimated value of white-collar crime since most white-collar crime is never publicly disclosed.
c. Studies are not able to accurately calculate the estimated value of either street crime or white-collar crime.
d. Street crime (muggings, homicide, etc.) results in a greater monetary loss to society than white-collar crime.






Answer: A

The primary purpose of RICO was:

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The primary purpose of RICO was:



a. to prosecute those engaged in tax fraud.
b. to prosecute illegal aliens.
c. to be a tool against street crime.
d. to be a tool against organized crime.



Answer: D



Mark assaulted Tim in a tavern, causing medical expenses and lost wages. As a result:

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Mark assaulted Tim in a tavern, causing medical expenses and lost wages. As a result:



a. Tim can elect to sue for money damages or proceed with criminal charges.
b. If Jim refuses to press charges against Mark, the state cannot initiate a criminal proceeding against him.
c. If Mark is convicted of criminal assault, Tim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution.
d. Mark can be prosecuted by the state for a criminal offense and Tim may sue him for money damages.







Answer: D

Tory sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them was: "Buy stocks when their prices are low, and sell when the prices are high." Tory is guilty of:

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Tory sent letters to 1,000 people offering to send them information that would guarantee them a profit in the stock market if they sent her $99.95. If they sent her the money, the brief, generally known information she sent them was: "Buy stocks when their prices are low, and sell when the prices are high." Tory is guilty of:



a. nothing. She merely thought of and executed a clever way to make money.
b. embezzlement.
c. larceny.
d. mail fraud.







Answer: D

A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case?

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A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case?



a. Intermediate scrutiny.
b. Mild scrutiny.
c. Minimal scrutiny.
d. Compelling interest scrutiny.






Answer: A

Tyler moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Tyler's friend, Kristen, moved into the apartment he was served with eviction papers. Tyler claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Tyler right?

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Tyler moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Tyler's friend, Kristen, moved into the apartment he was served with eviction papers. Tyler claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Tyler right?




a. No. His fundamental right of cohabitation has not been violated.
b. Yes. He and Kristen are being treated differently than married couples.
c. Yes. His equal protection rights have been violated.
d. No. Constitutional protections do not extend to privately owned apartment complexes.






Answer: D

The "dormant" aspect of the Commerce Clause:

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The "dormant" aspect of the Commerce Clause:




a. means that there are many unused powers still available to the government to regulate trade between the states.
b. guarantees that Congress has powers that have not yet been revealed.
c. is also known as the "negative" aspect.
d. guarantees that the states have the power, even if unused, to impose regulations affecting interstate commerce.





Answer: C

Talia and her friends burn an American flag as an act of political protest. Talia is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:

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Talia and her friends burn an American flag as an act of political protest. Talia is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag:



a. are void because a state court has no power to prosecute a person for burning the federal flag.
b. are void because they violate a person's right to freedom of speech.
c. are void because they deny a person due process rights.
d. are valid.






Answer: B

Samson was arrested for wearing a t-shirt, during the Vietnam War, that said, "F*** the draft," a protest against involuntary induction into the military. His action is protected under which amendment?

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Samson was arrested for wearing a t-shirt, during the Vietnam War, that said, "F*** the draft," a protest against involuntary induction into the military. His action is protected under which amendment?



a. The Second.
b. The Third.
c. The First.
d. None






Answer: C

The Bill of Rights refers to:

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The Bill of Rights refers to:



a. the first ten amendments to the Constitution.
b. a specific listing of individual rights found in the original text of the Constitution.
c. the inalienable rights found at the beginning of the Constitution.
d. the rights outlined in the Preamble.






Answer: A

Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards that are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?

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Nevada passed a law banning all commercial billboards along state highways to rid the state highways of billboards that are offensive to citizens. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?




a. It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment.
b. It would have to be shown that the law reaches no further than necessary to promote the state goal.
c. It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment.
d. All of these answers.






Answer: B

West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds:

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West Virginia passed a statute regulating working conditions in its mines. If the statute is challenged in court on substantive due process grounds:



a. it would be presumed invalid but would be struck down only if it is not necessary to achieve a compelling government interest.
b. it would be presumed valid since it regulates economic or social conditions.
c. it would be void because it involves a fundamental right to work.
d. it carries no weight.






Answer: B

Plum was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Plum, is an analysis of:

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Plum was entering the United States from a trip abroad when the Customs Service confiscated some goods she had purchased and brought back with her. The determination of whether the government is attempting to take property and what type of hearing the Customs Service must offer Plum, is an analysis of:



a. substantive due process.
b. the Takings Clause.
c. procedural due process.
d. eminent domain.





Answer: C


McDonald raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn:

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McDonald raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn:



a. Congress may regulate McDonald's farming activity because it has a substantial economic effect on interstate commerce.
b. only McDonald's local government can regulate his farming activity.
c. Congress has no authority over McDonald's activity based on the negative aspect of the Commerce Clause.
d. only McDonald's state and local governments can regulate his farming activity.






Answer: A

When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:

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When Congress passed a criminal statute called the "Gun-Free School Zones Act," the Supreme Court ruled that:



a. the law was void for vagueness; thus, it was not valid.
b. the law was not valid since Congress exceeded its power under the Commerce Clause.
c. the law was valid as a proper exercise of the power to regulate interstate commerce.
d. the statute was valid because although the law was not a proper exercise of the power to regulate interstate commerce, Congress had the power to create such legislation on other grounds.








Answer: B

A congressman introduces a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to:

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A congressman introduces a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject, the bill will go to:



a. the Senate.
b. the voters of the congressman's state for approval.
c. a Conference Committee made up of representatives of both the House and Senate.
d. the full House.






Answer: D

The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a:

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The Federal Trade Commission promulgated Telemarketing Sales Rules regulating the activities of telemarketers. One of the rules prohibits telemarketers from calling a person's residence at any time other than between 8:00 a.m. and 9:00 p.m. This legislative rule has the effect of a:



a. bill.
b. None of these answers.
c. suggestion.
d. statute.







Answer: D

Marcus lifts weights and is very strong. One afternoon he witnesses a car accident in which the driver is trapped inside the car. Generally, Marcus:

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Marcus lifts weights and is very strong. One afternoon he witnesses a car accident in which the driver is trapped inside the car. Generally, Marcus:



a. has a legal duty to try to rescue the driver.
b. has no legal duty to try to rescue the driver.
c. has a legal duty to try to rescue the driver since he probably has the strength and ability to do so.
d. has a legal duty to try to rescue the driver, but only if his efforts will not pose a threat to his own safety.







Answer: B

Psychologist Shein is working with a patient, Alice, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Shein:

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Psychologist Shein is working with a patient, Alice, who has expressed the intention to seriously harm two of her acquaintances. If you apply the principle set forth by the Supreme Court of California in the Tarasoff v. Regents of the University of California case, Psychologist Shein:







a. has, because of the bystander rule, no duty to warn the foreseeable victims about Alice's expressed intention to harm them.
b. is in a special relationship with patients, and this relationship creates a privilege of confidentiality between the communicants.
c. will be held to a strict duty of care and will be held liable for any victim's injuries if Shein failed to warn a them of Alice's potential violence toward them.
d. has a duty to exercise reasonable care to protect foreseeable victims of Alice's violence.






Answer: D

Monique is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Monique:

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Monique is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Monique:



a. has a legal duty to try to rescue the man.
b. has a legal duty to try to rescue the man since, as a strong swimmer, she is treated as a "special class" of persons who must get involved in such situations.
c. has no legal duty to try to rescue the man.
d. has a legal duty to try to rescue the man, but only if her efforts will not pose a threat to her own safety.






Answer: C

The U.S. Supreme Court's holding in Wards Cove Packing Co. v. Atonio:

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The U.S. Supreme Court's holding in Wards Cove Packing Co. v. Atonio:



a. differed from the holding in Griggs v. Duke Power Co. partly because the Court was more conservative at the time Wards Cove was decided.
b. found that overt racial discrimination existed.
c. set forth a "business necessity" requirement for employment hiring practices.
d. upheld the ruling in Griggs v. Duke Power Co.








Answer: A

The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following?

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The U.S. Supreme Court was asked to decide whether same-sex sexual harassment is a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following?




a. The plain meaning rule.
b. Public policy.
c. All of these answers.
d. Legislative history.





Answer: C


If in 1900 the Nebraskan Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of:

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If in 1900 the Nebraskan Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of:




a. stare decisis.
b. criminal law.
c. enabling legislation.
d. the Good Samaritan rule.







Answer: A

TripleA and XXX companies are both major international conglomerates. They are negotiating a contract whereby TripleA will install a computer system for XXX. One clause in the contract states that TripleA will not be liable for damages caused by the negligent installation of the computer system, except that TripleA warrants the system and will fix any problem for a period of two years following installation. TripleA completes the installation of the computer system. XXX loads extensive amounts of information on the system, but all of it is destroyed because TripleA negligently installed the memory chips. TripleA fixes the memory, but XXX incurred significant expenses in recreating the lost information. XXX sues for these expenses. TripleA defends with the noted clause in the contract. Which of the following is correct?

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TripleA and XXX companies are both major international conglomerates. They are negotiating a contract whereby TripleA will install a computer system for XXX. One clause in the contract states that TripleA will not be liable for damages caused by the negligent installation of the computer system, except that TripleA warrants the system and will fix any problem for a period of two years following installation. TripleA completes the installation of the computer system. XXX loads extensive amounts of information on the system, but all of it is destroyed because TripleA negligently installed the memory chips. TripleA fixes the memory, but XXX incurred significant expenses in recreating the lost information. XXX sues for these expenses. TripleA defends with the noted clause in the contract. Which of the following is correct?




a. XXX wins; exculpatory clauses are sometimes valid, but this one would not be valid.
b. TripleA wins; this exculpatory clause is enforceable.
c. XXX wins; this exculpatory clause is not valid because it is unconscionable.
d. XXX wins; these types of clauses are never enforceable.







Answer: B

The Pub's secret recipe for its pizza sauce would be considered:

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The Pub's secret recipe for its pizza sauce would be considered:




a. a trade secret, and an employment non compete clause would NOT be enforceable to protect it.
b. an exculpatory clause and not enforceable.
c. just a secret recipe and not something the Pub could protect in a noncompete clause.
d. a trade secret, and an employment non compete clause would be enforceable to protect it.






Answer: D

If a contract is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be:

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If a contract is made with a person required by law to hold a license, and the purpose of the license is protection of the public, the contract made by an unlicensed person will generally be:



a. enforceable.
b. binding.
c. illegal.
d. unenforceable.







Answer: D

In bailment cases, exculpatory clauses:

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In bailment cases, exculpatory clauses:



a. are somewhat more likely to be enforced than in other types of cases.
b. None of these answers.
c. ordinarily involve an attempt to limit liability for damage to persons rather than property.
d. are never used.







Answer: A

Gerard parked his car at a garage that has a large sign at the entrance saying, "This garage is not liable for items stolen from a car." This type of notice is referred to as:

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Gerard parked his car at a garage that has a large sign at the entrance saying, "This garage is not liable for items stolen from a car." This type of notice is referred to as:



a. an exculpatory clause.
b. an unconscionable contract.
c. bailment.
d. a tort.







Answer: A

Elana is a CPA with an excellent reputation and client base. She sells her tax preparation business to Cory, and the sales contract includes a noncompete clause restricting Elana from opening a similar business for two years within a 10-mile radius of her former office. If she opens a tax preparation office five miles away after one year, a court would probably:

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Elana is a CPA with an excellent reputation and client base. She sells her tax preparation business to Cory, and the sales contract includes a noncompete clause restricting Elana from opening a similar business for two years within a 10-mile radius of her former office. If she opens a tax preparation office five miles away after one year, a court would probably:




a. order confiscation of all of her new client files and turn them over to Cory.
b. refuse to enforce the noncompete clause, as it is unreasonable regarding time and geographic area.
c. refuse to become involved, as the noncompete clause was illegal.
d. grant an injunction barring her from operating the new office.







Answer: D

An exculpatory clause is generally unenforceable when:

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An exculpatory clause is generally unenforceable when:




a. it involves public transportation.
b. the affected activity is a recreational activity.
c. it is written clearly and in explicit language.
d. it is designed to release a party from liability for ordinarily negligent behavior.







Answer: A

Heintz Corp. hired Nathan to bribe a foreign government official. Heintz gave Nathan $10,000 in cash to make the bribe payment and $2000 for Nathan's efforts. Instead of paying the bribe, Nathan pocketed all of the money. If Heintz sues Nathan, Heintz will:

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Heintz Corp. hired Nathan to bribe a foreign government official. Heintz gave Nathan $10,000 in cash to make the bribe payment and $2000 for Nathan's efforts. Instead of paying the bribe, Nathan pocketed all of the money. If Heintz sues Nathan, Heintz will:



a. be able to recover the $10,000, but not the $2,000.
b. not be able to recover the $12,000.
c. be able to recover the $2,000 but not the $10,000.
d. be able to recover the $12,000.








Answer: B

P&B loaned Betty $400 so that she could buy her textbooks for the current semester. P&B's terms for repayment of the loan are, $200 in two months, $200 in four months, and another $100 at the end of the fifth month. The legal rate of interest on this type of loan is six percent per annum. P&B's loan is:

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P&B loaned Betty $400 so that she could buy her textbooks for the current semester. P&B's terms for repayment of the loan are, $200 in two months, $200 in four months, and another $100 at the end of the fifth month. The legal rate of interest on this type of loan is six percent per annum. P&B's loan is:




a. an exculpatory clause.
b. an unconscionable contract.
c. bailment.
d. usurious.







Answer: D

Chris owns a house in a poor area of a large city. Chris is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Chris buys and signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1000. Chris did not understand what he was signing and thought it was a permission slip allowing the salesman to conduct a free water test to determine the number of toxins in the water. How would a court most likely describe this contract?

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Chris owns a house in a poor area of a large city. Chris is on disability and his total monthly income is $700. A sales representative visits his home, selling a water purification system. Chris buys and signs a contract that calls for monthly payments of $500 for the next 10 years. The water system is worth no more than $1000. Chris did not understand what he was signing and thought it was a permission slip allowing the salesman to conduct a free water test to determine the number of toxins in the water. How would a court most likely describe this contract?




a. The contract is unenforceable because it is unconscionable.
b. The contract is unenforceable because it is exculpatory.
c. The contract is unenforceable because it is illusory.
d. The contract is fully enforceable as written.




Answer: A


To be valid, a noncompete clause must be:

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To be valid, a noncompete clause must be:



a. reasonable in time, geographical area, and scope of activity when ancillary to the sale of a business.
b. All of these answers.
c. necessary to protect trade secrets, confidential information, or customer lists developed over an extended time when ancillary to an employment contract.
d. ancillary to a legitimate bargain.







Answer: B

Public policy means the law that comes from the:

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Public policy means the law that comes from the:




a. executive branch of the government.
b. amendments to the Constitution.
c. courts that decide what would have a negative impact on society.
d. state legislature.







Answer: C

Oscar, new to the area, selects a doctor from the telephone book and visits that doctor to have a splinter extracted. Unbeknownst to Oscar, the doctor has never passed the state licensing exams. Later, when Oscar discovers the truth, he refuses to pay his bill. If the doctor sues for recovery of the fee, will the court support the doctor's claim?

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Oscar, new to the area, selects a doctor from the telephone book and visits that doctor to have a splinter extracted. Unbeknownst to Oscar, the doctor has never passed the state licensing exams. Later, when Oscar discovers the truth, he refuses to pay his bill. If the doctor sues for recovery of the fee, will the court support the doctor's claim?





a. No, the court is likely to take the position that it is not in the public's best interests to enforce contracts with unlicensed doctors.
b. No, but the doctor could probably recover under quasi-contract.
c. It depends on whether Oscar's injury healed properly.
d. Yes, it was up to Oscar to verify the doctor's qualifications prior to having the splinter extracted.







Answer: A

AnimA entered into a contract with a consumer, Charlie. Charlie was a recent immigrant to the United States, spoke very little English, and had no formal education. The contract provided for Charlie to pay $2500 for a computer system. The system was worth $400. If AnimA sued Charlie under the contract, what is the most likely result?

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AnimA entered into a contract with a consumer, Charlie. Charlie was a recent immigrant to the United States, spoke very little English, and had no formal education. The contract provided for Charlie to pay $2500 for a computer system. The system was worth $400. If AnimA sued Charlie under the contract, what is the most likely result?



a. The contract is enforceable because of the parol evidence rule.
b. The contract is unenforceable because it is unconscionable.
c. The contract is enforceable because of the underlying reference rule.
d. The contract is enforceable because of the Statute of Frauds.







Answer: B

AnimA, Inc hires Calvin to steal trade secrets from one of its competitors for $10,000. Calvin demands half of the money up front. AnimA pays Calvin $5000 but Calvin decides not to pursue theft of the trade secrets. AnimA sues Calvin for the return of the $5000. What will the court do with this contract?

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AnimA, Inc hires Calvin to steal trade secrets from one of its competitors for $10,000. Calvin demands half of the money up front. AnimA pays Calvin $5000 but Calvin decides not to pursue theft of the trade secrets. AnimA sues Calvin for the return of the $5000. What will the court do with this contract?




a. The court will order Calvin to return the $5000 with interest.
b. The court will not do anything to help E-mation get its money back.
c. The court will order Calvin to obtain the trade secrets.
d. The court will order Calvin to return the $5000.






Answer: B

When Jorge was hired by Palmetto, Inc., he signed the following agreement, "Upon termination of my employment with Palmetto, I agree not to work for a competing company within 30 miles of Palmetto's headquarters for one year." This agreement, important to protecting secret information developed in the employer's business, is:

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When Jorge was hired by Palmetto, Inc., he signed the following agreement, "Upon termination of my employment with Palmetto, I agree not to work for a competing company within 30 miles of Palmetto's headquarters for one year." This agreement, important to protecting secret information developed in the employer's business, is:




a. an unenforceable usurious agreement.
b. an enforceable agreement not to compete.
c. an enforceable bailment agreement.
d. an unenforceable exculpatory agreement.







Answer: B

Jerry has the largest pizza business in the city. He learns that Harry is thinking of opening a competing pizza and pasta delivery business. Jerry gives Harry $25,000 to not open his proposed business in the same city. Which statement is correct?

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Jerry has the largest pizza business in the city. He learns that Harry is thinking of opening a competing pizza and pasta delivery business. Jerry gives Harry $25,000 to not open his proposed business in the same city. Which statement is correct?




a. The contract is void for lack of consideration.
b. The contract is enforceable.
c. The contract is illegal and void.
d. The contract is voidable at Jerry's option.




Answer: C



A contract most likely will be declared unconscionable if:

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A contract most likely will be declared unconscionable if:




a. it contains a cancellation clause.
b. it is signed by a minor.
c. it is oppressive and the weaker party did not fully understand the consequences of the agreement.
d. it is unfair to one or both parties.






Answer: C

Brent works as a bartender at The Little Nipper, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Cal enters Brent's bar, orders a round of drinks for the house, then notices that Brent's license is not on display behind the bar. Cal learns that Brent is not licensed and refuses to pay for the round of drinks. The Little Nipper sues. What result?

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Brent works as a bartender at The Little Nipper, a local bar. Under state law, bartenders are required to be licensed. The licensing requires filling out an application and submitting a $50 application fee. The application does not require any special education or experience, just the $50 fee. Cal enters Brent's bar, orders a round of drinks for the house, then notices that Brent's license is not on display behind the bar. Cal learns that Brent is not licensed and refuses to pay for the round of drinks. The Little Nipper sues. What result?




a. Since Brent violated a regulatory statute, the contract is unenforceable.
b. Since this is a revenue-raising statute, the licensing law is unconstitutional. Cal wins.
c. Since this is a revenue-raising statute, The Little Nipper wins.
d. Since this is an illegal contract, the courts will not enforce it.





Answer: C

Which of the following exculpatory clauses will most likely be enforceable?

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Which of the following exculpatory clauses will most likely be enforceable?




a. An exculpatory clause that relieves a riding stable of gross negligence.
b. An exculpatory clause that relieves a riding stable of negligence.
c. An exculpatory clause that relieves a riding stable from intentional torts.
d. A riding stable's exculpatory clause that is hidden in an eight-page document that all riders are required to sign.







Answer: B

Suppose that Larry Lawyer enters into an agreement with Claire Client that his fees will be a percentage of the recovery Larry obtains for Claire in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if Larry attempts to enforce the agreement?

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Suppose that Larry Lawyer enters into an agreement with Claire Client that his fees will be a percentage of the recovery Larry obtains for Claire in her pending divorce. State law makes such a contingency fee arrangement illegal in divorce actions. What will be the probable outcome if Larry attempts to enforce the agreement?




a. The contract will be voidable at Claire's option.
b. The contract will be unenforceable if Larry did not get the agreement in writing.
c. The contract will be void as violating a statute. Larry will not be able to recover anything.
d. The contract will be valid. Claire would not have been able to afford an attorney otherwise and therefore Larry was doing a public service.





Answer: C

Georgia borrowed money from R & O Lending at 35% interest per year. The state maximum interest rate is 20% per year. Georgia defaulted on the loan. What amount can R & O collect from Georgia?

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Georgia borrowed money from R & O Lending at 35% interest per year. The state maximum interest rate is 20% per year. Georgia defaulted on the loan. What amount can R & O collect from Georgia?




a. R & O will be able to collect the principal but not any interest.
b. All of these answers may be correct. The answer depends on the particular state law.
c. R & O will not be able to collect either the principal or interest.
d. R & O will be able to collect the principal plus 20% interest per year.






Answer: B

Sue has been a children's day care provider for several years in the small town of Piedmont. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Jake, agreeing not to open a competing business within five miles of Piedmont for a period of nine months. After five months of the big city life, Sue is broke and moves back to Piedmont. She opens a small day care business. Jake sues on the noncompete clause. What is the most likely result?

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Sue has been a children's day care provider for several years in the small town of Piedmont. She has decided to give it all up and move to the big city for excitement and adventure. She sells her business to Jake, agreeing not to open a competing business within five miles of Piedmont for a period of nine months. After five months of the big city life, Sue is broke and moves back to Piedmont. She opens a small day care business. Jake sues on the noncompete clause. What is the most likely result?





a. Sue wins. The agreement is denying her the right to do the only thing she knows how to do.
b. Sue wins. The agreement is not reasonable as to time.
c. Sue wins. The agreement is not enforceable because it is not ancillary to a legitimate bargain.
d. Jake wins. The agreement is enforceable.







Answer: D

In the case of Worldwide Insurance v. Klopp, the Supreme Court of Delaware found that:

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In the case of Worldwide Insurance v. Klopp, the Supreme Court of Delaware found that:





a. the contract provision requiring arbitration was clear, unambiguous, and fair to both parties.
b. the automobile insurance policy was governed by UCC, Article 3.
c. the arbitration clause in Klopp's auto insurance contract was valid because it furthered the state policy favoring the use of arbitration to resolve disputes.
d. a contract provision requiring arbitration and then permitting appeal by either party was void as unconscionable.






Answer: D

Which of the following is an example of an exculpatory clause?

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Which of the following is an example of an exculpatory clause?




a. Buyer agrees to pay any costs of litigation.
b. Buyer agrees to notify seller of any change in address.
c. Seller is not responsible for property damage regardless of the cause of the injury.
d. Seller reserves the right to cancel the contract at any time.






Answer: C

Morgan Co. and Wilbur Bros. enter into a contract for the manufacture and sale of 400 lawn chairs. If both parties agree that a modification is necessary:

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Morgan Co. and Wilbur Bros. enter into a contract for the manufacture and sale of 400 lawn chairs. If both parties agree that a modification is necessary:



a. the surest way to modify the contract is to liquidate it.
b. they may not do so without court supervision.
c. courts will generally not enforce a cancellation and modification of a contract unless one party received inadequate consideration under the original contract.
d. an agreement to rescind the contract will terminate the contractual rights of Morgan Co. and Wilbur Bros. if neither of them had completed their obligations.







Answer: D

Upon graduating from college, Catherine announced her plans to enter law school the following fall and to marry Dwayne in December. Catherine's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. He called Catherine and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Catherine agreed and postponed the wedding for a year. Catherine successfully completed her first year of law school, but soon thereafter, Catherine's father died. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. If Catherine sues the estate, she will probably be:

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Upon graduating from college, Catherine announced her plans to enter law school the following fall and to marry Dwayne in December. Catherine's father was afraid that marriage during her first year in law school might cause her to fall behind in her studies or cause her to drop out of school. He called Catherine and promised her $10,000 if she postponed her wedding until after completion of her first year of law school. Catherine agreed and postponed the wedding for a year. Catherine successfully completed her first year of law school, but soon thereafter, Catherine's father died. The administrator of her father's estate claimed she was not entitled to the $10,000 because there was no consideration for her father's promise. If Catherine sues the estate, she will probably be:




a. unsuccessful because her father's death terminated the contract.
b. successful, as there was consideration.
c. unsuccessful because it was merely fatherly advice not to get married during the first year of law school.
d. unsuccessful because her father received no benefit.







Answer: B
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