LAW 531 Final Exam
1. What defense can an
employer use to a charge of sexual
harassment?
·
The harassed employee was not made aware of the company's
antiharassment
policies.
·
The harassed employee took advantage of the preventive measures
provided by the company but still could not avoid being
harassed.
·
The employer does not have any complaint mechanisms for
employees who are harassed.
·
The employer used reasonable care to prevent and correct the
sexually harassing behavior.
2. Choose the correct
statement about the Environmental Protection Agency
(EPA).
·
It is exclusively created to regulate air pollution
standards.
·
It has the power to initiate judicial trials in case of
violation of environmental
laws.
·
It does not enforce environmental laws related to the protection
of wetlands.
·
It can enforce federal environmental regulations but cannot make
regulations on its own.
3. What is
"riba" in the context of Islamic
law?
·
It is a compilation of decisions of the prophet.
·
It refers to the making of unearned
profits.
·
It is the doctrine of proper
behavior.
·
It refers to independent reasoning.
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4. The state of Oriel,
Selenasia, enacts a law that imposes a 40 percent tax on automobiles that are
made outside of Selenasia and sold in the state. However, Oriel does not impose
this tax on Selenasian-made automobiles that are sold in Oriel. This scenario
resembles a violation of which clause of the U.S.
Constitution?
·
The Multilateral Treaty Clause
·
The Bilateral Treaty
Clause
·
The Foreign Commerce Clause
·
The Treaty Clause
5. Teledor Inc. and
Comunika Inc. are two competing cellphone manufacturers. Jane, a customer at
Teledor, is told by an employee that Comunika phones have weak battery back-up
and are very prone to damage. The employee makes these remarks even though he
knows that they are completely false. Jane, who has been contemplating between
Teledor and Comunika, is influenced by what she hears and purchases a Teledor
phone. What kind of intentional tort should be used against Teledor in this
scenario?
·
Malicious
prosecution
·
Disparagement
·
Battery
·
Appropriation
6. Identify an
accurate statement about res ipsa loquitur, a special negligence
doctrine.
·
It applies to cases in which injuries that occurred were not
foreseeable.
·
It applies to cases in which the plaintiff also contributed to
the
negligence.
·
It applies to cases in which it can be assumed that the
defendant was in control of the situation in which the injuries
occurred.
·
It requires the plaintiff to demonstrate how exactly the
situation arose out of the negligence of the plaintiff.
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7. Identify an
accurate statement about the doctrine of comparative
negligence.
·
A person who is partially responsible for causing his or her own
injuries cannot file a suit against the other party who partly caused the
injuries.
·
A plaintiff who is partially responsible for causing his or her
own injuries cannot recover damages from the defendant.
·
A plaintiff who is partially responsible for causing his or her
own injuries can recover a proportion of the damages from the defendant.
·
A plaintiff who is partially responsible for causing his or her
own injuries can recover all the damages from the defendant.
8. What is true about
the applicability of strict liability?
·
It cannot be applied to products that are defectively
manufactured.
·
It can be applied to sellers who fail to warn of generally known
dangers.
·
It can be applied to products that are defectively
packaged.
·
It cannot be applied to products that were not supported by
sufficient instructions.
9. Which statement
best describes an injunction as an equitable
remedy?
·
It requires a breaching party to pay damages to the injured
party for both actual and foreseeable
losses.
·
It orders a breaching party to perform the acts promised in a
contract.
·
It prohibits a party from performing a particular act that may
cause injury to another
party.
·
It allows a court to change the terms of a contract to make them
true to the parties' intentions.
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10. Identify the true
statement in the context of a franchise
arrangement.
·
The franchisee can sell the franchisor's products but can never
manufacture them.
·
The franchisor licenses the franchisee to use the former's
trademarks.
·
The franchisee can manufacture the franchisor's products but can
never distribute them directly to
consumers.
·
The franchisor is essentially the owner of the franchisee.
11. Identify an
accurate statement about distributional interest in the context of limited
liability companies
(LLCs).
·
A transferee of a distributional interest receives all
distributions from the LLC to which the transferor
belonged.
·
A member's distributional interest can be transferred
completely, or partly.
·
A transferee of a distributional interest automatically becomes
a member of the LLC.
·
A member who transfers his or her distributional interest will
no longer be liable for the debts and obligations of the LLC.
12. What is true about
consideration in the context of
contracts?
·
It also encompasses performances and
services.
·
It is exclusively in the form of tangible payments such as money
or property.
·
It is typically included in gift
promises.
·
It is an optional component of a written contract that parties
can choose to omit.
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13. What does a
current plaintiff need to prove to succeed in a malicious prosecution
lawsuit?
·
The original plaintiff did not initiate the original lawsuit.
·
The original lawsuit had probable
cause.
·
The original lawsuit was initiated without
malice.
·
The current plaintiff suffered injury because of the original
lawsuit.
14. In which case will
a limited partner in a limited partnership have liability that extends beyond
the contributions made by him or her?
·
When the limited partner provides personal guarantee for a loan
taken by the partnership
·
When one of the general partners withdraws from the limited
partnership
·
When the limited partnership is involved in a tort and needs to
pay compensation as ordered by the
court
·
When the limited partnership incurs severe losses
15. Identify a
difference between publicly held and closely held
corporations.
·
Shareholders of publicly held corporations participate in
management activities; shareholders of closely held corporations do not.
·
Closely held corporations are large; publicly held corporations
are comparatively
smaller.
·
Publicly held corporations have many shareholders; closely held
corporations have fewer
shareholders.
·
Closely held corporations trade their shares on organized
security markets; publicly held corporations do not.
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16. Identify a
difference between treasury shares and outstanding shares in a
corporation.
·
Outstanding shares are the ones that are repurchased by the
corporation; treasury shares are
not.
·
Outstanding shares have the right to vote; treasury shares do
not.
·
Treasury shares are issued by the corporation; outstanding
shares are not.
·
Treasury shares cannot be reissued; outstanding shares can be.
17. What is true about
the scope of Good Samaritan laws in the context of special negligence
doctrines?
·
They apply to professionals like lawyers and
architects.
·
They protect professionals from liability for their ordinary and
gross negligence.
·
They apply to medical health
professionals.
·
They protect manufacturers and distributors from product
liability.
18. Quenchers Inc., a
heath drink manufacturer, launches a new product called Sprint. The packaging
of this drink also includes a statement that says "Fifty times healthier
than Green." Green is a product of Booster Inc., another health drink
manufacturer. Quenchers has no research data to back this claim. What type of
unfair business practice is illustrated in the
scenario?
·
Deceptive
advertising
·
Copyright infringement
·
Bait and switch
·
Restraint of trade
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19. What statement is
true about the powers of the Food and Drug Administration (FDA) in the context
of drug regulation?
·
The FDA can only regulate the manufacture of prescription
drugs.
·
The FDA's powers are restricted to the regulation of the sale of
drugs.
·
The FDA is not authorized to revoke licenses of drugs that are
in use.
·
The FDA has the authority to license new drugs.
20. Choose the correct
statement about limited liability partnerships (LLPs).
·
They should have one or more general partners personally liable
for the debts and obligations of the
partnerships.
·
They do not get flow-through tax
benefits.
·
They cannot have partners who are professionals such as doctors
or lawyers.
·
They are created by state and not federal laws.
21. Identify an
accurate statement about the Treaty Clause in the context of the United States
and foreign affairs.
·
It states that a treaty can be formed when one-third of Senate
members agree to it.
·
It states that state governments can pass laws that contradict
treaties signed by the federal government.
·
It states that the U.S. president is the agent of the United
States in dealing with foreign
nations.
·
It states that local state governments can also enter into
treaties with foreign nations.
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22. What is true of
the Economic Espionage Act?
·
It criminalizes the theft of trade secrets through the use of
the Internet.
·
It criminalizes the discovery of trade secrets through reverse
engineering.
·
It provides federal protection exclusively to trademarks and
service marks.
·
It relieves business owners of the obligation to protect their
intellectual property.
23. What is true of
the necessary elements of an environmental impact statement (EIS) according to
the National Environmental Policy Act
(NEPA)?
·
It must mention the environmentalist parties that challenged the
proposed action in court.
·
It must contain a cost-benefit analysis of the proposed federal
action and alternative actions.
·
It must not refer to the expert opinions of engineers,
geologists, or other professionals.
·
It must not mention or describe any alternate actions to the
proposed federal action.
24. Which statement is
true about the different types of agency
relationships?
·
An employer-employee relationship involves complete transfer of
authority to the employee.
·
A principal-agent relationship involves hiring an employee to
enter into contracts on behalf of the
principal.
·
A principal-agent relationship involves assigning an employee a
specific physical task to
perform.
·
An employer-employee relationship involves hiring an employee to
act as an agent of the employer.
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25. Identify an
accurate statement about the Equal Pay
Act.
·
The act states that the employer can lower the wages of
employees to remedy a wage
disparity.
·
The act states that wages may differ when shift differences are
involved.
·
The act exclusively covers federal
workers.
·
The act does not encompass private-sector employees.
26. What is true of a
vertical merger?
·
It combines the operations of two manufacturers in the same
market.
·
It creates increased market
share.
·
It combines the businesses of a supplier and a
customer.
·
It combines the operations of suppliers in the same market.
27. Tanya and Amit,
married for five years, have filed for divorce. They are being assisted by
Rebecca in reaching a settlement. Rebecca is a retired judge, who meets with
them together, and individually, to discuss the strengths and weaknesses of
each of their cases. Which alternative dispute resolution method does this
scenario best exemplify?
·
Mini-trial
·
Judicial referee
·
Mediation
·
Arbitration
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28. What is true about
Jewish law?
·
It is based on the teachings in the
Vedas.
·
It is not followed anymore in Jewish home countries.
·
It includes rules for religious and political aspects of
life.
·
It excludes doctrines related to marriage and inheritance.
29. How does the Marine Protection, Research, and
Sanctuaries Act, enacted in 1972, extend environmental protection to the
oceans?
·
By requiring the Environmental Protection Agency (EPA) to create
a list of toxic air pollutants
·
By removing marine sanctuaries in ocean
waters
·
By requiring industries to obtain a permit for dumping wastes
into ocean waters
·
By requiring industries to incur the clean up costs for contaminations
caused by them
30. Which statement
about personal property is true?
·
It exclusively refers to tangible property.
·
It can be owned only by one
person.
·
It refers to property that is
movable.
·
It exclusively encompasses real estate property.
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31. What is the
primary function of the International Monetary Fund
(IMF)?
·
To create free trade zones for member countries and thereby
bring them
together
·
To provide long-term loans to developing
countries
·
To ensure smooth and free trade flow among member countries by
settling disputes
·
To promote international fiscal stability by providing temporary
monetary assistance to member countries
32. What is a
disadvantage of a sole
proprietorship?
·
The owner has to take up legal responsibility for any torts
committed in the business.
·
The process of forming a sole proprietorship involves many
costs.
·
The sole proprietorship is difficult to dissolve as many
shareholders are
involved.
·
The owner is required to present several legal documents to
obtain federal approval to start the business.
33. What must a
complainant prove in a case of disparate-treatment
discrimination?
·
The employer cited behavioral reasons for rejecting the
complainant.
·
The employer rejected the complainant despite the latter having
the required qualifications.
·
The employer sought applications from people with qualifications
better than the
complainant's.
·
The employer rejected others with the same qualifications.
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34. What is true about
Title VII of the Civil Rights Act of 1964 in the context of gender
discrimination?
·
It covers discrimination based on sexual
orientation.
·
It does not prohibit discrimination based on pregnancy-related
medical conditions.
·
It covers only
women.
·
It excludes sexual harassment.
35. What is a gift
causa mortis?
·
A gift that is made in anticipation of
theft.
·
A gift that cannot be
revoked.
·
A gift that is made in anticipation of
death.
·
A gift that is made involuntarily.
36. Identify a
difference between tenancy by the entirety and community property as forms of
concurrent ownership.
·
Tenancy by the entirety allows a spouse to transfer his or her
interest without the other spouse's consent; community property does
not.
·
Tenancy by the entirety does not grant the rights of
survivorship; community property does.
·
Tenancy by the entirety passes the deceased person's complete
property to the survivor; community property passes only one-half of the
property to the survivor.
·
Tenancy by the entirety applies to married couples; community
property does not apply to married couples.
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37. Waves, Shimmer,
and Mist are manufacturers and sellers of beauty products. Each of these
companies independently decides not to sell its products to Redefine, a
cosmetic retailer. Which form of vertical restraint does this scenario best
exemplify?
·
Group parallelism
·
Conscious parallelism
·
Malicious boycott
·
Product boycott
38. Identify the true
statement about the rights and duties of partners in a general
partnership.
·
A partner in a general partnership has the right to have the
transactions of another partner reviewed by a
court.
·
A partner in a general partnership has the right to compete with
the partnership by opening another business by himself or herself.
·
A partner in a general partnership has the right to sue the
partnership or another partner at
law.
·
A partner in a general partnership has the right to use the
facilities of the business for personal use.
39. Which statement
about strict liability is true?
·
It does not protect bystanders and other individuals who were
affected by defective products.
·
It does not require a contract to be present between the
plaintiff and the defendant.
·
It places liability only on manufacturers and not
sellers.
·
It holds the defendant liable only to the purchaser of a
defective product.
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40. What is the scope
of coverage of Title VII of the Civil Rights Act of 1964?
·
It applies to state and local
governments.
·
It applies to labor unions with five or more
members.
·
It applies to employers with five or more
employees.
·
It applies to Native American tribes.
41. Identify an
accurate statement about Hindu
Law.
·
It is based on the teachings of the
Torah.
·
It currently encompasses doctrines related to
marriage.
·
It includes teachings of rabbis.
·
It is currently a combination of classical Hindu law and common
law.
42. Felicia Carter, a
famous singer, finds her poster on a billboard of a music academy. Felicia sues
the academy because it did not inform her or seek permission to use her poster.
What kind of intentional tort does this scenario best exemplify?
·
Disparagement
·
Appropriation
·
Invasion of the right to privacy
·
Defamation of character
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43. Identify a
difference between the International Monetary Fund (IMF) and the World
Bank.
·
The IMF is funded by contributions of developed countries; the
World Bank is funded by developing
countries.
·
The IMF has its headquarters in Washington, DC; the World Bank
in The Hague, the Netherlands.
·
The IMF has more than 180 member countries; the World Bank has
60 member countries.
·
The IMF grants short-term loans to member countries; the World
Bank grants long-term loans to developing countries.
44. Tracy goes to a
shopping mall, and she unknowingly drops her identity card. After a while, she
realizes that the card is missing and starts looking for it. The card is found
by Ben who is also at the mall. Ben decides to contact Tracy and return her
identity card. In this scenario, what kind of property would Tracy's identity card
be?
·
Abandoned
property
·
Real
property
·
Mislaid property
·
Lost property
45. Which scenario
best exemplifies race discrimination?
·
Sarah and Sandeep apply for the same post at Diadem Inc. The
recruiter selects Sandeep because he has more work experience than
Sarah.
·
Sarah and Sandeep apply for the same post at Diadem Inc. The
recruiter selects Sarah because she has better qualifications and her resume is
more impressive.
·
Sarah and Sandeep apply for the same post at Diadem Inc. The
recruiter selects Sarah because Sarah is of the same ethnic group as the
recruiter.
·
Sarah and Sandeep apply for the same post at Diadem Inc. The
recruiter selects Sandeep because he believes that a man would suit the job
role better.
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46. Identify a
characteristic of an implied agency.
·
The agency relationship can be deemed void only with the consent
of both the parties.
·
The agreement of the agency relationship is in written
form.
·
The agency relationship is formed after both the parties have
agreed upon common terms.
·
The degree of authority of an agent is defined by the circumstances
and facts of a particular scenario.
47. Identify an
accurate statement about the World Trade Organization
(WTO).
·
It has 180 member
nations.
·
It has its headquarters in Washington,
DC.
·
It has a seven-member appellate body that hears
appeals.
·
It has a five-member panel that hears trade disputes.
48. Identify the true
statement about the ownership of mislaid
property.
·
The finder of mislaid property gets complete ownership of the
property against the owner of the premises in which the property was
mislaid.
·
The original owner cannot reclaim the ownership of mislaid
property if it has been in the possession of someone
else.
·
The finder of mislaid property can legally acquire partial
ownership of the property from the original
owner.
·
The owner of the region where the property was mislaid is
automatically obliged to take care of the property until the rightful owner
finds it.
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49. What is true about
a quitclaim deed?
·
It is most frequently used among sellers and buyers.
·
It provides maximum protection to the grantee as it involves
complete transfer of ownership to him or her.
·
It does not include an affirmation that the grantor owns the
property that is being transferred.
·
It is exclusively used during the sale of personal property and
cannot be used during the sale of real property.
50. What is true of
the Americans with Disabilities Act (ADA)?
·
An employer cannot conduct medical examinations of an employee
post employment.
·
An employer can ask a job applicant about the existence, nature,
and severity of his or her disability.
·
An employer can inquire about a job applicant's ability to
perform job-related functions in terms of health.
·
An employer can conduct preemployment medical examinations.
51. Dany purchases eye
drops manufactured by a pharmaceutical company. She unknowingly leaves the
bottle of eye drops on her living room table. Dany's two-year-old daughter
finds the bottle and opens it easily. Dany realizes that the seal on the bottle
was not strong enough and was removed far too easily. What type of product
defect is illustrated in the scenario?
·
Inadequate instructions
·
Failure to warn
·
Defect in
packaging
·
Defect in manufacture
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52. Tanvi was the
breaching party in a breach of contract lawsuit. The court ordered Tanvi to pay
a certain amount of damages to the plaintiff. However, Tanvi refused to pay
these damages. The court has now issued a writ that orders the county sheriff
to seize and auction the property owned by Tanvi to pay the damages owed to the
plaintiff. In this scenario, what kind of writ has been issued in the context
of remedies for a breach of contract?
·
Writ of attachment
·
Writ of
quo-warranto
·
Writ of garnishment
·
Writ of payment
53. What is true of
the Sherman Act?
·
It expressly outlaws monopolies.
·
It does not include criminal sanctions.
·
It excludes predatory
pricing.
·
It prohibits illegal restraints of trade.
54. The country of
Tahomia entered into an agreement with the federal government of Batang to
reduce trade barriers between the two countries. However, one state in Tahomia
has certain laws that prohibit the sale of Batang-made products. According to
the constitution of Tahomia, such rules made by the state will automatically
become invalid. This scenario closely resembles which clause of the U.S.
Constitution?
·
The Convention Clause
·
The Treaty Clause
·
The Bilateral Treaty
Clause
·
The Foreign Clause
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LAW 531 Final Exam
55. Identify the true
statement about the formation of a limited partnership.
·
The contributions made by the partners in a limited partnership
do not have to be disclosed.
·
Limited partnerships can be formed informally among general and
limited partners.
·
Limited partnerships are required to disclose the nature of
their business to legal
entities.
·
The name of a limited partnership should always include the
surname of the limited partner.
56. Tamara is a
content developer at Moon Loop Inc., a content management company. Her job
profile involves describing diagrams and flowcharts. She is not allowed to make
decisions or sign agreements on behalf of the company. In this scenario, what
agency relationship most likely exists between Tamara and Moon Loop
Inc.?
·
Principal-employer relationship
·
Principal-agent
relationship
·
Employee-agent
relationship
·
Employer-employee relationship
57. What is true of
the International Monetary Fund (IMF) as a United Nations
agency?
·
It has its headquarters in The Hague, the
Netherlands.
·
It does not provide loans to member countries.
·
It is funded by contributions of member
countries.
·
It was established before the Great Depression of the 1930s.
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58. StacyMiller
Publishers and Scriblotts are two of the largest publishing houses in Paramond.
They decide to merge for mutual benefit. What kind of merger does this scenario
best exemplify?
·
Horizontal merger
·
Vertical merger
·
Upward merger
·
Conglomerate Merger
59. Cetria Inc. has
been contracted to manufacture fighter jets for the U.S. Army, following
specific guidelines and requirements. After a week of flying the first set of
delivered jets, the jets start deteriorating and even cause injuries to the
fighter pilots. However, Cetria cannot be held liable for these defects and
injuries. What defense is most likely to protect Cetria from
liability?
·
Government contractor defense
·
Generally known danger
defense
·
Assumption of risk
defense
·
Supervening event defense
60. Identify an
accurate statement about shareholders.
·
They elect the board of directors of a
corporation.
·
They handle the daily operations of a
corporation.
·
They have several management duties.
·
They are agents of a corporation
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