Bus Law Test 2

Front 1

bilateral contract

Back 1

promise for a promise

Front 2

unilateral contract

Back 2

promise for an act

Front 3

express contract

Back 3

terms spelled out verbally or in writting

Front 4

implied contract

Back 4

in fact-implied from the conduct of the parties

Front 5

Quasi-Contract

Back 5

implied at law- to prevent unjst enrichment

Front 6

executory/executed contract

Back 6

terms of contract completion

Front 7

void

Back 7

contract element missing

Front 8

voidable

Back 8

one party can get out of the contract

Front 9

unenforceable

Back 9

vail contract that cannot be enforced

Front 10

sources of contract law

Back 10

common law and uniform commercial code (UCC)

Front 11

common law

Back 11

real estate and services

Front 12

UCC

Back 12

apply to sale of goods

Front 13

contracts for the internation sale of goods use...

Back 13

CISG

Front 14

click agreement

Back 14

contract over the internet entirly

Front 15

consideration

Back 15

must be bargained for

Front 16

5 elements of a contract

Back 16

offer, acceptance, consideration, capacity, legality

Front 17

5. Section 16 applies:

Back 17

b. to directors.

Front 18

4. Which of the following is not a method for forming a partnership?

Back 18

by transfer

Front 19

A partnership by estoppel

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results when third parties are led to believe a partnership exists.

Front 20

The law that is considered pro employer is the:

Back 20

Taft Hartley.

Front 21

Jim owns shares in the ABC corporation. He would like to go to a shareholder meeting but he cannot miss work. Jim can vote by:

Back 21

proxy voting.

Front 22

A collective bargaining unit:

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must be done in good faith- mandatory topics and permissive topics

Front 23

In a novation by the board involving the corporation and a third party,

Back 23

the promoter is released from liability.

Front 24

The business judgment rule

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holds directors liable for failure to obtain necessary information for making decisions.

Front 25

A director who steals a corporate opportunity

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will owe his/her corporation the profits from the opportunity

Front 26

Lund was the CEO of Verit Co. Lund was contacted by Horowitz, the CEO and Chairman of the Board of P & F. Horowitz told Lund of an opportunity P & F had to buy into a Las Vegas Casino. Lund immediately purchased 10,000 shares of P & F. Three days after Lund's purchase, P & F announced its intentions to enter into a joint venture for a Las Vegas casino. Lund was then able to sell his shares for considerable profit. Lund's actions violate what sections under the 1934 Act.

Back 26

c. section 10b

Front 27

Which of the following would not be considered a security under the 1933 Act?

Back 27

pension fund

Front 28

Which is a mandatory subject matter for good-faith bargaining?

Back 28

a. wages
b. hours
c. vacations
d. merit pay

Front 29

Who is liable for a Section 11 violation?

Back 29

directors
b. officers

Front 30

Maxine Knight is an investment banker who has just completed negotiations for a merger between two major motion picture studios. Maxine lives with Ron Heywood and suggests dinner to celebrate the successful negotiations that will become public in three days. Ron celebrates with Maxine and the next morning buys substantial blocks of shares in both the firms. After the merger is announced, the value of the shares doubles.

Back 30

Ron has violated Section 10b-5.

Front 31

The Foreign Corrupt Practices Act

Back 31

is an amendment to the 1934 Act.

Front 32

A bona fide occupational qualification is a defense to discrimination charges if

Back 32

it can be established that customer preference is the basis for discrimination.
b. the job could be too strenuous for women.
c. it is customary for a woman to hold the job.
**d. none of the above.

Front 33

Robert Smith, age 76, was interviewing for a computer programming position with the city of Greensboro. During the course of the interview he disclosed his successful 1994 completion of drug treatment at the Alcohol and Drug Services of Guilford County, Inc. Robert Smith had the requisite skills, education, training and significant experience as a computer programmer. He was not hired for the job, and the position remained vacant. What possible grounds for relief would be available to Mr. Smith?

Back 33

Federal Rehabilitation Act
b. Americans with Disabilities Act

Front 34

29. The Family Medical Leave Act

Back 34

Requires employees to provide medical certification by a doctor

Front 35

The right to sue letter

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is EEOC certification that administrative remedies have been exhausted.

Front 36

Sprago, a fine restaurant, has hired only male employees over the past ten years. Sprago's manager says male employees look more professional and customers prefer male employees to female employees. A female who has applied for and been denied an employment position at Sprago in spite of her qualifications

Back 36

would have a cause of action for sex discrimination under Title VII.

Front 37

Which of the following questions would not be illegal under the ADA?

Back 37

"Are you able to lift fifty pounds of mail?"

Front 38

40. Which of the following ads would violate Title VII?

Back 38

"Waiters for four-star restaurant needed."