Pat and Don submit their dispute to binding arbitration. A court can set aside the arbitrators award if
Don is not satisfied with the award.
Pat is not satisfied with the award.
the award involves at least $75,000.
the award violates public policy or if bad faith was involved.
Regarding alternative dispute resolution mechanisms, which if the following is a FALSE statement?
Mediation is a process by which a neutral third party acts as a conciliator and assists the parties to a dispute to reach a compromise solution.
Arbitration is a process whereby the parties to a controversy submit their dispute to a neutral third party, who is not a traditional judge, for a final and binding decision.
An arbitrators decision generally cannot be appealed to the traditional court system if one of the parties is dissatisfied with the determination and thinks the arbitrator got the facts and the law wrong.
An arbitration clause in a contract between an employer and an employee is as a general rule not enforceable against the employee since it would be unfair to the employee to prevent him or her from going to a traditional court to sue the employer.
A claims that she and B entered into a contract. The intent to enter into a contract is determined with reference to
the conscious theory of contracts.
the objective theory of contracts.
the personal theory of contracts.
the subjective theory of contracts.
What is true about a partners right to participate in the management of the partnership?
It exists only if the partner has been elected as an officer or management committee member.
It exists only if the partnership agreement gives the partner this right.
It exists automatically, but can be eliminated in the partnership agreement.
It exists automatically and cannot be eliminated in the partnership agreement.
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?
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.
Which is NOT a characteristic of the traditional business corporation?
Centralized management by means of a board of directors and corporate officers
Creation by the filing of an articles of incorporation and approval of a corporate charter by the appropriate state agency
Personal liability of the shareholders for corporate debts and obligations
Access to capital markets by the issuance of shares of stock and their sale to the investing public.
Which of the following contracts is not required as a general rule to be in writing under the Statute of Frauds?
A contract to be performed in less than one year.
A contract involving the sale of land.
A contract for the sale of goods over $500.
A guaranty contract to pay someone elses debt if they fail to.
Which of the following situations, by itself, typically would not justify a court disregarding the corporate entity?
The corporation failed to follow the necessary corporate formalities.
The corporation is severely undercapitalized.
The corporation does not have enough current assets to pay all its liabilities.
The shareholders have looted the corporation.
Which of the following would not be a typical item of business at the organizational meeting of a corporation?
Adoption of bylaws.
Election of corporate officers.
Selection of promoters.
Authorizing the issuance of shares of stock.
Which of the following is a true statement?
The judicial branch has the authority to examine acts of the legislative branch but not the executive.
The legislative branch of the U.S. government cannot change laws that have been interpreted by Congress.
The preemption doctrine holds that the U.S. Congress can override Supreme Court decisions by a 3/4s vote.
The Supremacy Clause of the U.S. Constitution means that the Constitution and all laws passed pursuant to the Constitution are the supreme law of the land.
Which is FALSE regarding a traditional business partnership pursuant to the Uniform Partnership Act?
Absent an agreement partnership profits are shared equally by the partners regardless of any individuals partner contribution, knowledge, skills, and/or efforts.
Absent an agreement partners are not entitled to any salary or remuneration for acting in the partnership business.
Partners are regarded as agents of the partnership when acting in the partnership business.
The dissolution of a partnership will always lead to a winding-up, liquidation, and termination of the partnership.
Which of the following are encompassed by the traditional common law tort of intentional invasion of privacy?
An appropriation of a persons name or picture without his or her permission for commercial advantage.
An intrusion by the defendant into the private life or private domain of the plaintiff.
Public disclosure of private facts, that is, facts not in the public record, about a person, even if the facts are true.
All of the above.
Which of the following is a false statement?
An agent who has held herself out as having higher-than-customary knowledge and skills will be held to that higher standard when doing the principals business.
The “reasonable person” standard typically applies to the degree of care required of an agent when conducting the principals business.
Most information that comes to the attention of an agent is assumed to be known by her principal.
Duties of loyalty and accountability are not duties that the agent owes to his or her principal since the agent is not a fiduciary like a partner.
Which corporate law doctrines are designed to give the shareholders some indirect control of the corporation?
Voting for the board of directors
Voting trusts and pooling agreements
All of the above.
To be convicted of a crime under U.S. laws, the prosecution typically must prove the case against the defendant:
By a preponderance of the evidence.
By clear and convincing evidence.
Beyond a reasonable doubt.
None of the above.
A contract for the sale of land:
Must be in writing if the value of the land exceeds $100.
Requires at least two promisors.
Must be in writing in order to be enforceable.
Is governed exclusively by the Uniform Commercial Code.
The seller can recover the purchase price for the goods only under certain circumstances, including when:
The buyer accepts, but fails to pay for the goods.
The goods are destroyed after risk of loss passes to the buyer.
The buyer rejects specially manufactured goods that cannot be resold.
A, B and C.
Which is FALSE about a Limited Liability Company (LLC)?
No formalities are required by state statute in the forming of an LLC; rather, a simple LLC agreement will suffice to establish legally the LLC.
An LLC can be a member-managed or a manager-managed LLC.
The name of the LLC must include the term “limited liability company” or “LLC.”
The members of an LLC are not personally liable for the debts and obligations of the LLC (beyond their original contributions to the LLC).
In order to have an investment contract which is regulated by the SEC, which of the following is required?
An investment of money.
A common enterprise.
The expectation that profit from the enterprise will result from the efforts of others.
A, B and C.
Which of the following is a true statement?
The “police power” of a state does not give the state any general authority to regulate business.
Garbage that is transported across state lines can be considered to be interstate commerce regardless of economic value.
The Commerce Clause of the Constitution gives Congress the power to regulate commerce with foreign nations and Indian tribes only.
Congress can only regulate activities that are actually interstate commerce but not activities that affect interstate commerce.
Which of the following is true regarding Title VII of the federal Civil Rights Act in the workplace?
The plaintiff employee must always prove a malicious, wrongful intent to discriminate on the part of the defendant employer against the employee to prevail in a Title VII civil rights lawsuit.
Only “big” employers with 2000 or more employees are covered by the federal Title VII Civil Rights Act due to the voluminous record-keeping requirements.
The employer must make an accommodation to an employees religious beliefs, observances, and practices regardless of the expense, cost, or burden since freedom of religion is a very important civil right in the United States.
As a general rule, an employer can discriminate on the basis of appearance by selecting only “good-looking” and attractive male and female applicants for its sales force.
The bargained-for element of a contract is best legally construed as
Which of the following generally does not need to be included with the articles of incorporation?
The period duration of the corporation.
The classes and preferences of stock.
Whether preemption rights are given to the stockholders.