What are the attributes of Business Entities?

Formation, Liability, Management, Capitalization

Who can be sued under strict liability in tort?

Retailers, Distributors, Manufacturers

What is the purpose of passing title in a transaction?

To allow the buyer to sell the goods

When does title pass in a shipment negotiation?

When goods are tendered to common carrier

What is the effect of acceptance of goods by the buyer?

The buyer is obligated to pay for the goods

What must the buyer do to perform their part of the contract?

Accept and pay for conforming goods

What must an employee prove in an ADA discrimination case?

The employer is aware of their disability, They are a qualified individual with a disability, The employer failed to reasonably accommodate their disability, They can perform essential job functions with accommodation

What is a nonconformity in relation to a vehicle?

A defect impacting use, value, or safety

What is a negotiable document?

A document that can be transferred

What is the purpose of a typical workers' compensation statute?

To fairly compensate employees for job-related injuries

What is the transfer of title in a shipment contract?

When goods are turned over to common carrier

What is the purpose of the Magnuson-Moss Warranty Act?

To regulate warranties for consumer products

What is the effect of termination in an at-will employment?

Employee can be discharged at any time without cause

What is the main defense for an employer in an OSHA violation?

Compliance with rule is not financially feasible

What is the difference between contract and tort liability?

Contract within scope of authority, Exceeding authority

What is the purpose of the Occupational Safety and Health Act?

To promote safety in the workplace

What is the employment-at-will doctrine?

Employee can be discharged at any time for any reason

What is the burden shifting in a discrimination lawsuit?

Employee must show adverse impact

What are the exceptions to the right to terminate an employee 'at will'?

Termination based on an unlawful discriminatory motive

What is the rule of perfect tender?

Goods must conform to the contract in all respects

What is the meaning of F.O.B. in shipping terminology?

S bears risk and expense of putting carrier in possession of goods

What is 'disparate treatment'?

Unequal treatment based on race

How can the harshness of the perfect tender rule be mitigated?

Parties agreement on acceptable performance range

What is the transfer of title in a shipment contract?

When goods are turned over to common carrier

What are the possible ways for the buyer to accept the goods?

Express acceptance or acting as if owning the goods

What is the effect of termination in an employment at-will relationship?

Employee can be discharged without cause

What is the voting rights in a Limited Liability Company?

Often dependent on ownership interest

Where must the delivery of goods occur according to the contract?

Seller's place of business or residence

What is the capitalization of a Business Entity?

Ownership is represented by shares of stock

What is the purpose of the strict liability in tort?

To hold manufacturers liable for defective products

Which employers are subject to Title VII?

Employers with 15 or more employees

What does the implied warranty of title include?

Good title, rightful transfer, free of security interest or lien

What is the purpose of Magnusson Moss?

Make warranties for consumer products more understandable and fair

Why is it important to determine when title passes?

To determine buyer's creditors' rights

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Legal Terminology

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Questions 83

Answers

1
How is a negotiable document of title transferred?
By negotiation
By physical transfer
By assignment
By endorsement and delivery
2
What is the dissolution of a Sole Proprietorship?
Dissolution? No protection
Just close
Dissolution? Just close
Dissolution? Not necessary but often critical to have one
3
What are the attributes of Business Entities?
Liability, Dissolution, Simple structure, No registration required
Formation, Liability, Management, Capitalization
Taxation, Transferability, Dissolution, Sole Proprietorship
No shares, No membership interests, May use a d/b/a
4
Who can be sued under strict liability in tort?
Retailers
Distributors
Manufacturers
Consumers
5
What is the requirement for merchantability warranty to arise?
Sale from a manufacturer
Sale from a tier 1 merchant
Sale from a non-tier 1 merchant
Sale from any merchant
6
What is the presumption regarding the liability of a bailee if the bailed property is damaged or lost?
Bailor is liable
Bailee is not liable
Bailee is liable
No liability
7
What is the purpose of passing title in a transaction?
To pay property taxes
To determine who pays for the loss
To allow the buyer to sell the goods
To establish insurable interest
8
When does title pass in a shipment negotiation?
When buyer has an asset
When buyer has insurable interest
When goods are tendered to common carrier
When buyer's bank has security interest in goods
9
What is the effect of acceptance of goods by the buyer?
The buyer can request a refund
The buyer is obligated to pay for the goods
The buyer can file a lawsuit
The buyer can reject the goods
10
What must the buyer do to perform their part of the contract?
Reject the goods on a timely basis
Facilitate receipt of goods
Reject the goods after a long wait
Accept and pay for conforming goods
11
What must an employee prove in an ADA discrimination case?
The employer is aware of their disability
They are a qualified individual with a disability
The employer failed to reasonably accommodate their disability
They can perform essential job functions with accommodation
12
Is a sole proprietorship required to register and have shares?
Maybe
Yes
No
Not mentioned
13
What is a nonconformity in relation to a vehicle?
A defect impacting use, value, or safety
A strict time constraint
A warranty expiration
A lemon law requirement
14
What is a negotiable document?
A document that can be transferred
A document that requires a witness
A document with no claims
A document that is always valid
15
What is the purpose of a typical workers' compensation statute?
To regulate warranties for consumer products
To promote workplace safety
To enforce equal opportunity in employment
To fairly compensate employees for job-related injuries
16
What is the transfer of title in a shipment contract?
Upon tender of goods to buyer at the destination
When buyer takes physical possession of DoT
When goods are turned over to common carrier
At time and place of contracting or identification
17
What is the concept of respondeat superior?
Strict liability in tort
Vicarious liability
Axley Brynelson, LLP
Principal and Agent
18
What is the purpose of the Magnuson-Moss Warranty Act?
To promote workplace safety
To establish employment at-will
To regulate warranties for consumer products
To enforce strict liability in tort
19
Can a Good Faith Purchaser for Value (GFPV) seek the return of goods from a subsequent buyer?
Only if the subsequent buyer is a GFPV
Yes
Only if the goods were stolen
No
20
What happens if goods are nonconforming?
Seller must replace them
Buyer must accept them
Buyer can reject them
Seller can charge more
21
What are the two types of liability in tort?
Contributory and Comparative
Contract and Tort
Strict and Vicarious
Manufacturing and Design
22
What is the required level of care for a bailment where the bailor is the sole beneficiary?
Mutual
Low
Ordinary
High
23
What is the effect of termination in an at-will employment?
Employee is entitled to severance pay
Employee can sue for wrongful termination
Employee can be discharged at any time without cause
Employer must provide written notice
24
What is the purpose of a document of title in a sale of goods transaction?
Receipt for payment
Transfer of goods
Proof of ownership
Evidence of contract
25
What is the main defense for an employer in an OSHA violation?
Violation was unintentional and unforeseeable
Employee was not properly trained
Employee misconduct caused violation
Compliance with rule is not financially feasible
26
What is the difference between contract and tort liability?
Agent's liability
Principal's liability
Contract within scope of authority
Exceeding authority
27
What is the purpose of the Occupational Safety and Health Act?
To impose record keeping and reporting requirements on employers
To promote safety in the workplace
To establish workplace safety standards
To issue citations to employers
28
What is the rule of perfect tender?
K rule
Conforming goods rule
One chance only rule
Perfections standard rule
29
What is the employment-at-will doctrine?
Employee can only be discharged with a good reason
Employee has guaranteed job security
Employee can only be discharged for cause
Employee can be discharged at any time for any reason
30
What is the burden shifting in a discrimination lawsuit?
Employee must prove pretextual basis
Employer must prove business purpose
Employer must show legitimate basis
Employee must show adverse impact
31
What are the exceptions to the right to terminate an employee 'at will'?
Termination based on an unlawful discriminatory motive
Termination based on a personnel handbook requirement
Termination based on refusing to sign a non-disclosure agreement
Termination based on an oral promise made during the hiring process
32
What is the scope of coverage of Title VII?
15 or more employees
20 weeks in the current year
Labor unions with 15 or more members
All employment agencies
33
What is the rule of perfect tender?
Goods must be delivered in a single lot
Goods must be delivered in installments
Goods must be delivered within a reasonable time
Goods must conform to the contract in all respects
34
What is the meaning of F.O.B. in shipping terminology?
S bears risk and expense of putting carrier in possession of goods
Place of shipment
Place of destination
S bears risk and expense of tendering conforming goods at destination
35
What is 'disparate treatment'?
Treatment based on performance
Unequal treatment based on race
Equal treatment for all
Treatment based on seniority
36
Is the seller's basic obligation to transfer and deliver conforming goods physically?
True
False
37
What is the legal relationship between the bailor and bailee?
Bailment
Ownership
Insurance
Liability
38
How can the harshness of the perfect tender rule be mitigated?
Parties agreement on delivery method
Parties agreement on acceptable performance range
Parties agreement on nonconforming goods
Parties agreement on payment terms
39
What is the transfer of title in a shipment contract?
Upon acknowledgement by bailee
Upon tender of goods at destination
At time and place of contracting
When goods are turned over to common carrier
40
What are the possible ways for the buyer to accept the goods?
Rejecting the goods on a timely basis
Waiting too long to reject the goods
Express acceptance or acting as if owning the goods
Using or attempting to sell the goods
41
What is the age requirement for protection under the Age Discrimination in Employment Act (ADEA)?
65 and older
50 and older
60 and older
40 and older
42
What is the effect of termination in an employment at-will relationship?
Employee can sue for wrongful termination
Employee is entitled to severance pay
Employee can terminate without notice
Employee can be discharged without cause
43
What is the voting rights in a Limited Liability Company?
Members and managers generally not liable for LLC debts
Often dependent on ownership interest
Often dependent on ownership interest
What vote on? Major decisions
44
Does the UCC only excuse the seller, but the restatement gives a defense to the buyer as well?
True
False
45
Where must the delivery of goods occur according to the contract?
At the shipping carrier's location
Any agreed location
Buyer's place of business or residence
Seller's place of business or residence
46
What is the capitalization of a Business Entity?
No registration required
Ownership is represented by shares of stock
May use a d/b/a
Operating agreement? Not necessary but often critical to have one
47
What is the purpose of the strict liability in tort?
To establish warranty remedies
To regulate product distribution
To prevent accidents in the workplace
To hold manufacturers liable for defective products
48
Which employers are subject to Title VII?
Employers with 15 or more employees
Employers with 20 or more employees
Employers with 25 or more employees
All employers
49
What does the implied warranty of title include?
Good title, rightful transfer, free of warranty
Good title, rightful transfer, free of security interest or lien
Good title, rightful transfer, free of Magnusson Moss
Good title, rightful transfer, free of express warranty
50
What is the purpose of Magnusson Moss?
Make warranties for consumer products more complicated and unfair
Make warranties for consumer products more expensive and unreliable
Make warranties for consumer products more understandable and fair
Make warranties for consumer products more accessible and flexible
51
Why is it important to determine when title passes?
To determine who can sell the goods
To establish insurable interest
To determine buyer's creditors' rights
To determine who pays property taxes
52
What is the purpose of lemon laws?
To protect consumers
To promote car sales
To increase car prices
To benefit car manufacturers
53
What is the taxation of a Limited Liability Company?
Double Taxation
Pass-through or elect to be taxed as a corporation
Some corporations may elect the S corporation status
Corporations re subject to income tax on their profits
54
What is a Bona Fide Occupational Qualification (BFOQ)?
National origin preference rights
Necessary skill for a particular job
Sex preference rights
Religion preference rights
55
What is the effect of termination in an at-will employment?
Employee can be discharged without cause
Employee can sue for wrongful termination
Employee can terminate without notice
Employee can demand severance pay
56
What is the purpose of the Magnuson-Moss Warranty Act?
To protect consumers
To limit warranty remedies
To enforce lemon laws
To regulate product warranties
57
What are the three kinds of strict liability in tort?
Manufacturing defect
Design defect
Negligence defect
Warning defect
58
When does risk of loss pass in a shipment negotiation?
When the buyer owns the goods
When the goods are damaged in transit
When the buyer has possession of the goods
When the goods are tendered to the common carrier
59
What does 'entrustment' mean?
Selling goods to a buyer
Transferring ownership rights
Creating a legal contract
Giving someone possession
60
What is the classification of a sales contract where there is no shipment or warehousing involved?
NSW-NN
NSNW
NSW-N
NSB-ND-WD
61
What is the management structure of a Limited Liability Company?
Shareholders, board of directors, and officers
Member-managed or manager-managed
Equity owners are called “members”
Single member or multiple members
62
What is the taxation of a Limited Liability Company?
Corporation taxation
No taxation
Pass-through taxation
Double taxation
63
What are the criteria that justify or permit differential in wages according to the Equal Pay Act of 1963?
Bona fide seniority-based system
Quantity or quality of product
Any other factor other than sex
Bona fide merit-based system
64
What is the basic obligation of the seller in a contract?
Ensure customer satisfaction
Provide warranty for products
Deliver goods or services
Negotiate payment terms
65
What is the effect of acceptance of goods by the buyer?
Buyer can reject the goods
Seller is obligated to deliver more goods
Buyer is obligated to pay for the goods
Contract is terminated
66
What is 'vicarious liability'?
Liability for contract breaches
Employer's liability for employee actions
Liability for independent contractors
Liability for personal negligence
67
What is the Rubin case about?
Respondeat superior
Unknown principal
Vicarious liability
Strict liability in tort
68
What is the liability protection offered by LLCs?
Generally not liable for LLC debts
Shareholders generally have no liability
No protection
LLC's offer liability protection
69
What is the legal relationship between a bailor and a bailee?
Partnership
Trust
Ownership
Bailment
70
What is the seller's responsibility when negotiating for shipment?
Hand goods to common carrier
Have security interest in goods
Sell the goods
Pay property taxes
71
What are the exceptions to the employment-at-will doctrine?
Employment contracts, labor unions, government regulations
Federal and state statutes, contract theories, public policy
Employee's rights, employer's preferences, workplace safety
Employee misconduct, employer's discretion, job performance
72
What are the employer defenses to a workers' compensation claim?
Injury not employment-related
All of the above
Employee misconduct caused violation
Compliance with the rule is not feasible
73
What is the concept of strict liability in tort?
Defendant engaged in business of selling products
Proving negligence
Product sold in defective condition
Overcoming warranty claim difficulties
74
What is the purpose of the Equal Employment Opportunity Commission?
To regulate warranties for consumer products
To establish employment at-will
To promote workplace safety
To enforce anti-discrimination laws
75
How can the implied warranty of title be disclaimed?
By using specific disclaiming language
It cannot be disclaimed
It is very hard to disclaim
By not providing a warranty
76
What is required for a buyer to assert Good Faith Purchaser for Value (GFPV) status?
Security interest in the goods
Ownership of the goods
Payment of property taxes
Honesty in fact and reasonable commercial standards
77
What is the burden shifting in a discrimination lawsuit?
Employee must prove pretextual basis
Employer must show legitimate business reason
Employee must show adverse impact
Employer must prove non-discriminatory basis
78
What is an example of disparate treatment discrimination?
Employer terminates an employee because of their race
Employer discriminates against an employee's sex
Employer discharges an employee due to their national origin
Employer fails to hire an individual based on their religion
79
What is the presumption regarding the liability of a bailee if the bailed property is damaged or lost?
Partially liable
Absolutely liable
Not liable
Liable, with exceptions
80
What is the purpose of strict liability in tort?
To discourage legal action
To promote negligence
To overcome difficulty in proving negligence
To protect negligent parties
81
What is the main purpose of OSHA?
To enforce equal opportunity in employment
To promote workplace safety
To regulate warranties for consumer products
To establish strict liability in tort
82
What is the purpose of a document of title in a sale of goods transaction?
Receipt for payment
Symbol of ownership
Transfer of goods
Proof of ownership
83
Can a Good Faith Purchaser for Value (GFPV) seek the return of goods from a subsequent buyer?
It depends
Maybe
No
Yes

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