LAW 531T Week 1 Practice Assignment

Complete the Week 1 Practice Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 1 Practice Assignment

1. A(n) _________________ is a request for a higher court to review whether errors of law occurred in a case that was already decided in a lower court.

o reverse

o affirmation

o appeal

o remand

2. _________________ jurisdiction refers to the power of a court to exercise authority over the property involved in the dispute.

o General

o Personal

o Subject matter

o Limited

3. Courts of _________________ jurisdiction may hear many different types of cases.

o subject matter

o general

o personal

o limited

4. Under the doctrine of _________________, the U.S. Supreme Court may declare any law unconstitutional.

o legal review

o constitutional review

o judicial review

o supreme review

5. _________________ is a judgment entered by a court for one party and against another without a full trial.

o Summary judgment

o Judgement on the pleadings

o Pretrial judgment

o Limited trial judgment

6. The rule that a final judgment by a court determining the rights of the parties is conclusive and the issues may not be raised again is called  _________________.

o common law

o stare decisis

o precedent

o res judicata

7. The doctrine of following the decision of a previous court ruling is known as _________________.

o precedent

o stare decisis

o res judicata

o common law

8. Which of the following is not a stated purpose or function of the law?

o to govern a democracy with fairness

o to facilitate private arrangements between individuals

o to prevent undesirable behavior

o to determine procedures for changing the law

9. Which school of legal thought expresses the idea that law changes to reflect a changing society ?

o the command school of thought

o the law and economics school of thought

o the natural law school of thought

o the historical perspective school of thought

10. Which of the following is an unacceptable reason to exclude a potential juror?

o The potential juror is female, and the defendant has requested an all-male jury.

o The potential juror has a relationship with one of the parties.

o The potential juror has an interest in the outcome.

o The defendant requests, without explanation, that a certain potential juror be removed from the jury.

11. The party at whom a complaint is directed is called the _________________.

o plaintiff

o prosecutor

o judge

o defendant

12. The party who files a complaint in a civil case is called the _________________.

o defendant

o prosecutor

o plaintiff

o judge

13. _________________ refers to the principle that an actual controversy must exist before a court will hear legal claims.

o Venue

o Third party

o Ripeness

o Standing

14. _________________ refers to the location of the trial.

o Third party

o Ripeness

o Standing

o Venue

15. Non-Judicial Dispute Resolution Alternatives: Match the dispute-resolution terms with the correct definition.

A neutral third-party expert meets with the parties separately and then together, and offers compromise solutions.

Mediation

Parties attempt to settle disputes through compromise.

Negotiation

Document that outlines the terms of the compromise

Settlement agreement

A legal expert listens to the matter and imposes a resolution.

Arbitration

16. Which of the following is not true of the U.S. Constitution?

o It authorizes that state laws have priority over it.

o It enumerates and protects citizens’ rights.

o Every law in the U.S. must comply with the Constitution.

o It establishes three branches of government.

17. The _________________ Clause states that the U.S. Constitution and federal laws are the highest laws of the land.

o Commerce

o Due Process

o Supremacy

o Equal Protection

18. Which of the following describes substantive due process?

o Government laws must be clear, understandable, and designed to further a legitimate governmental purpose.

o A person has protected oral, written, and symbolic rights of expression.

o A person may not be deprived of life, liberty, or property without being given notice and an opportunity to be heard before a neutral arbiter.

o The laws of the United States must be equally applied to all citizens.

19. Which of the following is not true of free speech?

o It is a fundamental right guaranteed by the Bill of Rights.

o It includes oral, written, and symbolic expression.

o Speech with a commercial purpose is less protected than speech with a political purpose.

o Speech with a political purpose is less protected than speech with a commercial purpose.

20. True or false: The clear and convincing evidence burden of proof requires that the evidence presented is so clear that it requires the assent of every reasonable mind.

 True False

LAW 531T Week 1 Apply Assignment 

Complete the Week 1 Apply Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 1 Apply Assessment

1. In the context of a court case process, what is the definition of mediation?

o Use of a third party to resolve a dispute, often legally binding

o Request for a higher court to review a case

o Changing a trial court’s decision

o Using a third party (specifically) to resolve a dispute

2. In the context of a court case process, what is the definition of affirmation?

o Returning a case to a trial court for resolution

o Ratification of a trial court’s decision

o Using compromise to settle a dispute

o Changing a trial court’s decision

3. In the context of a court case process, what is the definition of rejoinder?

o Decision of the court

o Defendant’s answer to the plaintiff

o Request for a higher court to review a case

o Decision of the jury

4. In the context of a court case process, what is the definition of impeachment?   

o Reducing the integrity of a witness’s claim

o Plaintiff’s challenge to defendant’s claim

o Restoring credibility to a witness’s claim

o No other explanation can be derived from the facts—evidence

5. In the context of a court case process, what is the definition of defendant? 

o The target of a complaint

o Restoring credibility to a witness’s claim

o Court order to appear in trial

o Decision of the jury

6. In the context of a court case process, what is the definition of sequestered?

o Evidence assuming assent of the reasonable person

o First-sight evidence

o A jury is separated from the community during a trial

o First-sight evidence

7. In the context of a court case process, what is the definition of deposition?

o Summoning of potential jurors

o Determination of jurors’ fitness for jury duty

o Testimony out of court during pretrial investigation

o A jury is enlisted

8. In the context of a court case process, what is the definition of default?

o Court order to appear in trial

o Failure of the defendant to fulfill an obligation

o The target of a complaint

o Filer of a complaint

9. THE FOLLOWING QUESTIONS COVER JURISPRUDENTIAL THOUGHT 

After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?

o historical perspective

o irrational forces

o sociological

o command

10. Laws that are meant to promote free trade and market efficiency likely fall under which school of jurisprudential thought?

o natural law

o law and economics

o irrational forces

o command

11. A new law is established in the town of Avery that promotes affirmative action employment for trans-gender and homosexual individuals. This law would be in pursuance of the tenets of the ________ school of jurisprudential thought.

o law and economics

o historical

o sociological

o irrational forces

12. Which jurisprudential school of thought relies the most upon precedent in establishing law?

o historical

o natural law

o sociological

o law and economics

LAW 531T Week 2 Practice Assignment

Complete the Week 2 Practice Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 2 Practice Assignment

1. True or false: Some small businesses may issue stocks to employees instead of compensation when money is tight.

 True False

2. Which of the following is not true of corporations?

o Executives are not subject to the same duty of care in carrying out the corporation's purposes as the board of directors.

o The board of directors hires executives of a corporation.

o Directors will not be subject to lawsuit from shareholders as long as they act in a reasonable and prudent way.

o Executives carry out the day-to-day operations of the corporation.

3. True or false: In a franchise agreement, the franchisor and the franchisee are separate legal entities.

 True False

4. Which of the following is not true of general partnerships?

o Partners have an equal right to engage in the management of the business.

o Partners must always agree to split the profits and losses evenly.

o Partners share profits and losses according to the partnership agreement.

o Partners have joint ownership of business assets.

5. Corporations created to assist doctors, lawyers, accountants, and so on are known as _________________ corporations.

o not-for-profit

o closely held

o alien

o professional

6. True or false: Profits and losses from an LLC must be distributed in the same proportion to all members.

 True False

7. Which of the following is true of general and limited partners in a limited partnership?

o General and limited partners are jointly responsible for partnership debt.

o Limited partners are not liable for partnership debts.

o General partners are not liable for partnership debts.

o General partners are required to invest capital and refrain from managing the business.

8. Which of the following is not true of a business operating under sole proprietorship?

o A sole proprietor pays only personal taxes.

o A sole proprietorship is considered a separate legal entity.

o If the owner dies, the business usually dies as well.

o No government approval is required to set up a sole proprietorship.

9. An administrative agency is prohibited from doing all but which of the following?

o extending beyond its authority

o making arbitrary laws

o violating judicial decisions

o exercising legislative power

10. Which of the following is true of administrative agencies?

o All administrative agencies answer directly to the president.

o Administrative agencies may overrule judicial decisions.

o An existing administrative agency may not create a new law.

o Each state and local government has administrative agencies.

11. _________________ establishes the protocol that must be followed by an administrative agency while enforcing a(n) _________________.

o Substantive law; procedural law

o Interpretive law; substantive law

o Procedural law; substantive law

o Substantive law; interpretive law

12. True or false: Production cost may be used as a defense against a company accused of price discrimination.

 True False

13. The act of controlling prices for goods and services is known as _________________.

o dividing markets

o controlling output

o regulating competitive practices

o price fixing

14. An agreement to refuse to deal with another business is known as a _________________.

o boycott

o split

o control

o division

15. Which of the following is not a prerequisite to be considered a failing company prior to entering a merger?

o No other buyer is available to rescue the company.

o Too much competition exists in a particular geographical area.

o There is no other reasonable alternative.

o Its assets would evaporate but for a merger.

16. Which of the following is a legitimate defense against a claim of exercise of monopoly power?

o The business acquired the monopoly innocently as an unintended consequence of another purpose.

o The business owns 75 percent of the product market.

o The business owns 25 percent of the geographical market.

o The business engaged in a tying arrangement with another business.

17. One business having almost all of one product type or service within a geographical area is known as _________________ power.

o horizontal

o monopoly

o consolidated

o vertical

18. True or false: The calculation of monopoly power rests squarely on a firm’s percentage of dominance in the relevant market.

 True False

19. The U.S. Supreme Court has developed two tests for determining the lawfulness of an agreement: the per se rule and the _________________.

o rule of reason

o rule of competition

o rule of trust

o rule of law

20. In a(n) _________________, the distributor requires the purchaser of another product to buy another associated product.

o exclusive dealing agreement

o tying arrangement

o geographic allocation agreement

o price maintenance agreement

LAW 531T Week 2 Apply Assignment 

Complete the Week 2 Apply Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 2 Apply Assessment

The United States of America, acting through its attorneys, charges:

I. DESCRIPTION OF THE OFFENSE

1. ZEON CHEMICALS L.P. is made a defendant on the charge stated below.

2. Beginning on or about May 14, 2002, and continuing until on or about December 31, 2002, defendant and co-conspirators participated in a combination and conspiracy to suppress and eliminate competition by increasing and maintaining the price of acrylonitrile-butadiene rubber (“NBR”) sold in the United States and elsewhere. The combination and conspiracy engaged in by the defendant and co-conspirators was in unreasonable restraint of interstate and foreign trade and commerce in violation of Section 1 of the Sherman Act (15 U.S.C. § 1).

3. The charged combination and conspiracy consisted of a continuing agreement, understanding, and concert of action among the defendant and co-conspirators, the substantial term of which was to suppress and eliminate competition by increasing and maintaining the price of NBR in the United States and elsewhere.

4. For the purpose of forming and carrying out the charged combination and conspiracy, the defendant and co-conspirators did those things that they combined and conspired to do, including, among other things:

1. participating in conversations and meetings to discuss prices of NBR to be sold in the United States and elsewhere;

2. agreeing, during those conversations and meetings, to raise and maintain prices of NBR to be sold in the United States and elsewhere; and

3. issuing price announcements and price quotations in accordance with the agreements reached.

II. DEFENDANT AND CO-CONSPIRATORS

5. The defendant is an entity organized and existing under the laws of the state of Delaware, with its principal place of business in Louisville, Kentucky. During the period covered by this Information, the defendant and its subsidiaries sold NBR in the United States and elsewhere.

6. Various corporations and individuals, not made defendants in this Information, participated as co-conspirators in the offense charged herein and performed acts and made statements in furtherance of it.

7. Whenever in this Information reference is made to any act, deed, or transaction of any corporation, the allegation means that the corporation engaged in the act, deed, or transaction by or through its officers, directors, employees, agents, or other representatives while they were actively engaged in the management, direction, control, or transaction of its business or affairs.

III. TRADE AND COMMERCE

8. NBR is used to manufacture, among other things, hoses, belting, cable, o-rings, seals, adhesives, and sealants.

9. During the period covered by this Information, the defendant and co-conspirators manufactured, sold, and distributed NBR in a continuous and uninterrupted flow of interstate and foreign trade and commerce to customers located in states or countries other than the states or countries in which the defendant and co-conspirators produced NBR.

10. The business activities of the defendant and co-conspirators that are the subject of this Information were within the flow of, and substantially affected, interstate trade and commerce.

IV. JURISDICTION

11. The combination and conspiracy charged in this Information was carried out, in part, in the United States within the five years preceding the filing of this Information.

ALL IN VIOLATION OF TITLE 15, UNITED STATES CODE, SECTION 1.

1. What is the stated cause of action?

o an attempt to suppress and eliminate competition

o combination and conspiracy to increase and maintain the price of NBR

o unreasonable restraint of interstate and foreign trade and commerce

o all of the above

2. Which antitrust law did the defendant violate?

o Federal Trade Commission Act

o Clayton Act

o Taft-Hartley Act

o Sherman Act

3. Which of the following is NOT an element of this complaint? 

o a description of the defendant and co-conspirators

o a description of the legal action that will be taken against the defendant

o an explanation of the offense

o a conclusion that the defendant’s actions significantly affected interstate commerce

4. Which of the following was an illegal act by the defendant?

o embezzling funds to maintain their business structure

o raising the price of their product

o using deceptive practices to lie to consumers about the actual price of the product

o participating in conversations and agreements with co-conspirators to maintain the price of their product

5. This is an example of which type of trade restraint?

o horizontal

o vertical

o monopoly

o none of the above

6. Which method did Zeon Chemicals L.P. use to restrain trade, based on the complaint?

o division of markets

o exclusive dealing agreement

o price fixing

o all of the above

LAW 531T Week 3 Practice Assignment

Complete the Week 3 Practice Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 3 Practice Assignment

1. The unlawful taking of another’s property with the intent to permanently deprive them of it is defined as _________________.

o burglary

o robbery

o embezzlement

o larceny

2. Which of the following is an example of interference with a business relationship?

o aggressive advertising that steals away customers from a competitor

o using intimidation to keep parties from patronizing a certain store

o luring an employee away from his or her employer

o refusing to continue a business relationship out of spite

3. What is the chief difference between a tort and a crime?

o A crime carries a public penalty.

o A tort carries a public penalty.

o A tort is legal, while a crime is illegal.

o A tort occurs in the workplace, while a crime occurs elsewhere.

4. True or false: Spoken defamation is called slander.

 True False

5. The doctrine of _________________ states that a criminal act may be justifiable if it is necessary to prevent foreseeable harm.

o diminished capacity

o duress

o necessity

o entrapment

6. A plaintiff engaging in behavior that contributes to his or her injury may be guilty of _________________ negligence.

o fiduciary

o contributory

o comparative

o affirmative

7. _________________ is an intentional tort that means “harmful or offensive contact.”

o Infliction of emotional distress

o Assault

o False imprisonment

o Battery

8. A(n) _________________ tort arises when a person intentionally intrudes upon another person’s solitude, seclusion, private affairs, or concerns.

o misappropriation

o intrusion upon seclusion

o false light

o public revelation of private facts

9. Which of the following is not true of a misdemeanor?

o The penalty for a misdemeanor could be a $500 fine.

o It is more serious than a felony.

o The penalty for a misdemeanor could be six months in jail.

o Minor theft is an example of a misdemeanor.

10. Which of the following is not true of a capital crime?

o It is punishable by death.

o It is the most severe unlawful behavior.

o First-degree murder is an example of a capital crime.

o Manslaughter is an example of a capital crime.

11. Which of the following is not an example of a fiduciary relationship?

o doctor-patient

o coworker-coworker

o pilot-passenger

o babysitter-charge

12. The requirement of firms to maintain best practices procedures for financial reporting is known as _________________.

o rights and interests of stakeholders

o rights and interests of shareholders

o integrity and ethical behavior

o disclosure and transparency

13. Under the ethical theory of _________________, an action is ethical if it maximizes the greatest happiness for society as a whole.

o Kantianism

o social justice

o utilitarianism

o virtue ethics

14. International law is generally successful in establishing all but which of the following?

o standards for weights and measures

o standards for trade of goods

o construction rules for fire prevention

o protocol for airplane safety

15. Which of the following is not an entity through which international disputes are resolved?

o the Dispute Settlement Body

o the World Trade Organization

o the International Court of Justice

o the General Assembly

16. If a firm meets the _________________ of behavior, it does no harm to other businesses or the community.

o social minimum

o economic minimum

o moral minimum

o ethical minimum

17. The _________________ Clause gives Congress the power to regulate commerce with other nations.

o Supremacy

o Foreign Commerce

o Contract

o Treaty

18. Which is not a goal of the UN?

o maintain peace

o promote economic development

o regulate currency and trade between member nations

o provide humanitarian aid

19. The _________________ is comprised of 15 member states, 5 of which are permanent members.

o Secretariat

o General Assembly

o Security Council

o General Council

20. Members of the _________________ contribute money to a pool through a quota system from which countries can temporarily borrow funds.

o World Bank

o International Monetary Fund

o United Nations Bank

o Bank for International Settlements

LAW 531T Week 3 Apply Assignment 

Complete the Week 3 Apply Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 3 Apply Assignment

1. Bookmark question for later

Use the following information to answer questions 1–5.

MakerMan Manufacturing creates heavy-duty hand tools. It produces a new collapsible hammer called the SmackN’Stash. One of the first purchasers of the hammer, Rob, is using it at a construction site when the hammer’s head flies off and injures his coworker Cliff.  

How does the concept of strict liability apply to this situation?

o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict liability.

o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.

o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.

2. Bookmark question for later

How does the concept of strict product liability apply to this situation?

o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.

o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.

o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to strict product liability.

o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty of care.

3. Bookmark question for later

How does the concept of privity of contract apply to this situation?

o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.

o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.

o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached a contract with the customer.

4. Bookmark question for later

How does the concept of defective design/manufacturing apply to this situation?

o Product liability torts require Rob to show that one or more of the design or manufacturing elements is defective.

o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to take care to avoid defective design or manufacturing.

o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.

5. Bookmark question for later

How does the concept of manufacturer’s duty to warn apply to this situation?

o Even if there is no defect in the product, the company may be responsible for failure to warn users how the product should be used.

o Anyone who is injured by a defective product may sue the manufacturer, merchants, and all others who handled the product.

o When companies sell defective products to consumers who are injured, liability will result without having to show that the manufacturer breached the duty to warn.

o While using a collapsible hammer is a dangerous activity, it is not of the type of danger that would subject MakerMan to warning consumers about the product.

LAW 531T Week 4 Practice Assignment

Complete the Week 4 Practice Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 4 Practice Assignment

1. Which of the following is not true of copyright law?

o A copyright is the exclusive right to reproduce, distribute, or license original creative work.

o Copyright protection is for the way ideas are presented, not for the ideas themselves.

o No notice of ownership is necessary to protect an original work.

o Original works must be registered at the copyright office.

2. To be qualified for a patent, an innovation must have _________________, which means that it has not been known or used by others prior to invention by the patent applicant.

o novelty

o utility

o enablement

o patentable subject matter

3. Which of the following is not an example of intellectual property?

o patents

o cash

o trade secrets

o copyrights

4. A _________________ ownership gives the grantor the right to enter the property and reclaim it if a specific condition occurs.

o fee simple subject to a condition subsequent

o life estate

o fee simple determinable

o fee simple absolute

5. True or false: A nonfreehold estate is a property interest with unlimited duration.

 True False

6. True or false: Registration with the U.S. Patent and Trademark Office is a prerequisite to federal trademark protection.

 True False

7. Businesses with a trade secret often require their employees to sign a _________________, in which the employees agree not to disclose the secret under penalty of heavy fines.

o misappropriation agreement

o nondisclosure agreement

o non-publishing agreement

o trade secret agreement

LAW 531T Week 4 Apply Assignment 

Complete the Week 4 Apply Assignment in MyEducator.

Note: In MyEducator, select Student Menu > Assessments to locate the assignment.

Week 4 Apply Assessment

It’s time for the Bizlaw County auction! For each of the auction items listed below, you will (1) determine which type of property the item is and (2) give an identifier that further describes the nature of the item.

A.  A ring Hugh received from his grandmother several months before she died

B.  A motorbike Ned got from the Harley-Davidson store for $53,000

C.  A motorless army jeep left on the plot of land Corey bought

D.  A pair of high-quality cleats that Candace found on the football field after a game

E.   A Sony Walkman that Mary left in her will for her nephew, Zeppelin

F.   The lyrics to an unpublished song that famous rapper 11 Nickels gave to his daughter when he retired