QUESTION 1Federal trademark protection is provided by which law?The Lanham Act.The UCC.The U.S. Constitution.Common law.2.5 points QUESTION 2Employment discrimination on the basis of age may be prohibited under:the ADA.the Civil Rights Act.the Fair Labor Standards Act.the ADEA.2.5 points QUESTION 3Companies are generally:required to obtain workers compensation insurance for their employees and independent contractors.required to obtain workers compensation insurance for their employees.provided with workers compensation insurance by the government of the state in which they operate.provided with workers compensation insurance by the Federal government.2.5 points QUESTION 4A warranty that comes into existence because of the conduct (like a website photo) of the seller, but not because the terms were stated expressly seller would be called:an oral warranty.an express warranty.a written warranty.an implied warranty.2.5 points QUESTION 5The defense of Comparative Negligence is available in a case of:Negligence.Breach of contact.Strict Liablity.Both A. and B. are correct.Both B. and C. are correct.2.5 points QUESTION 6The Civil Rights Act:à prohibits reverse discrimination and prohibits affirmative action.à prohibits discrimination, but requires reverse discrimination.à prohibits discrimination, but requires affirmative action.à prohibits reverse discrimination, but permits affirmative action.2.5 points QUESTION 7The defense of Assumption of Risk is available in a case of :Negligence.Breach of contact.Strict Liablity.Both a. and c. are correct.Both b. and c. are correct.2.5 points QUESTION 8Employees of the Hefner Concrete Company work long and hard when on road building projects in order to take advantage of good weather and to meet performance bonuses for completion of jobs ahead of schedule. During one week, some of the employees work 55 hours. For the employees who worked 55 hours in one week, Hefnerà must pay its workers time and a half for all hours from 41 through 50 and double time for all hours over 50.à has violated the FLSA because workers are prohibited from working over 50 hours per week.à has violated the OSHA because workers are prohibited from working over 50 hours per week.must pay its workers time and a half for all hours over 40.2.5 points QUESTION 9Which of the following theories of product liability would not require proof of foreseeable harm:Negligence.Breach of implied warranty of merchantability.Strict Product Liability.All of the above.2.5 points QUESTION 10A disclaimer of a warranty by the seller will not be effective in disclaiming:a written express warranty.an express warranty created by a photo on a website.an implied warranty of merchantability.an implied warranty of fitness for a particular purpose.2.5 points QUESTION 11Strict Products Liabilty requires the following element(s):A duty owed to the plaintiff and that the product has a defect.That the product has a defect.That the product has a dangerous defect.That the defendant acted unreasonably under the circumstances.2.5 points QUESTION 12The following statement is FALSE as to trademarks which are generally protected under Federal Trademark law?Fanciful and arbitrary marks are protected, but descriptive marks are not.Arbitrary marks are protected, but suggestive marks are not.Suggestive and fanciful marks are protected.Fanciful, suggestive, and arbitrary marks are protected.2.5 points QUESTION 13A child trespasser on your business premises, is owed:a duty not to intentionally harma duty not to recklessly harma duty to protect from any foreseeable dangerous conditionno duty at all.2.5 points QUESTION 14A defendant could be liable for gross negligence if he was found to have acted:unreasonablyintentionallyrecklesslywith criminal intent2.5 points QUESTION 15One difference between a Term employee and an At Will employee is:Term employees have a contract with their employer, but At Will employees do not.Term employees can quit or be fired at any time for no reason but if an At Will employee quits or is fired for no reason, that action can result in a breach of contract lawsuit.At Will employees have a contract with their employer, but Term employees do not.At Will employees can quit or be fired at any time for no reason but if a Term employee quits or is fired for no reason, that action can result in a breach of contract lawsuit.2.5 points QUESTION 16The Fair Labor Standards Act regulates the following:Minimum wage provisionsOvertime wages and a standard workweek.Child labor.All of the above.None of the above2.5 points QUESTION 17An employer will NOT be liable for sexual harassment if:They knew of the existence of hostile environment harassment and did nothing to try to stop it.They knew of the existence of quid pro quo harassment and did nothing to try to stop it.They did not know of the existence of quid pro quo harassment and did nothing to try to stop it.They did not know of the existence of hostile environment harassment and did nothing to try to stop it.2.5 points QUESTION 18A product trademark that is identified by a made-up word (one that has no meaning otherwise), is called:Fanciful.Arbitrary.Suggestive.Descriptive.2.5 points QUESTION 19To succeed in a strict products liability action, the plaintiff must prove all of the following elements, EXCEPT for which one?The product was defective when sold.The defect rendered the product dangerous.The defendant acted unreasonably.The product was the cause of the plaintiffs injury.2.5 points QUESTION 20Gross Negligence is defined as:Unreasonable action that results in foreseeable harm.Reckless action that result in any harm.Action that is so inherently dangerous that no amount of due care can make it safe.Reckless action that result in foreseeable harm.2.5 points QUESTION 21Under the Family and Medical Leave Act, an employee can get leave for:I. The birth or adoption of a child.II. A serious health condition of the employeeâ s sister.III. A serious health condition of the employeeâ s wife.IV. A serious health condition of the employeeâ s parentV. A serious health condition of the employeeâ s boyfriend or girlfriend.I only.I, II, and III only.I, III, and IV only.All of the choices (I through V) are correct.None of the choices (I through V) are correct.2.5 points QUESTION 22A restaurant bouncer (security guard), who is employed by the restaurant, hurt a customer by using too much force to eject them from the premises. The bouncer is liable for the customerâ s injuries. Even though the restaurant did not authorize the bouncerâ s conduc
t, the restaurant may also be liable under the concept of:Contributory negligence.Strict Liability.The restaurant would not be liable at all, since it didnâ t do anything wrong.Breach of Contract.Respondeat Superior.2.5 points QUESTION 23Employees are entitled to have their workplace be free from hazards that me cause them harm. The law that regulates workplace safety and safety guidelines is:OSHA.The Lanham Act.The FLSA.The FMLA.The UCC.2.5 points QUESTION 24The Civil Rights Acts ban on racial discriminationà Can be used to protect black people only.à Can be used to protect black and asian people only.à Can be used to protect all citizens equally on the basis of race.à Can be used to protect only to people of color.2.5 points QUESTION 25A BFOQ defense:is a potential defense in any employment discrimination case.is a potential defense in a â disparate impactâ employment discrimination case.is a potential defense in a â disparate treatmentâ employment discrimination case.is a potential defense, but only in cases involving discrimination on the basis of sex.2.5 points QUESTION 26Which of the following theories of product liability would require proof of privity of contract:Breach of express warranty.Breach of implied warranty of merchantability.Strict Product Liability.Negligence.All of the above.2.5 points QUESTION 27Assuming the conduct is repetitive and unwelcome, an employers sexual harassment liability may arise from:a female worker overhearing a male worker telling a sexually-offensive joke to a male co-worker.a female supervisor pinches the rear end of a male employee.a male worker being subjected to a new employee hazing ritual that involves sexually-offensive behavior.All of the above.2.5 points QUESTION 28Henri runs a French restaurant. He wants his diners to have an authentic culinary experience. Henri can avoid a claim of national origin discrimination and still screen his waitstaff by requiring thatan applicant speak French well, or have knowledge of French cuisine.an applicant have a French passport.an applicant be born in France.an applicant have at least one cousin, parent or grandparent who comes from France.2.5 points QUESTION 29Unemployment benefits would be payable to an employee who:was terminated for violating agreed-to company policies prohibiting criticizing their employer in social media.was terminated because they physically assaulted their supervisor.was terminated because they refused to work a shift change after they have worked the same shift for 10 years.was terminated because they testified against the employer in another employees discrimination case against that same employer.2.5 points QUESTION 30The Implied Warranty of Merchantability would arise in a transaction where:land was being sold by a real estate agency.a car is being sold by a car dealership.a car dealer is redecorating and selling off some of its furniture to consumers and other businesses.a home-owner is selling his used car to his neighbor.2.5 points QUESTION 31The following is true:A successful contributory negligence defense divides the blame between the parties and allows the plaintiff to still recover damages.A successful contributory negligence defense would be a full defense and the plaintif would recover no damages.Contributory negligence defense is the majority rule.None of the above are true.2.5 points QUESTION 32In a lawsuit based upon negligence, the following remedies may generally be recoverable:Specific performance.Punitive damages.Liquidated damagesAll of the above.None of the above.2.5 points QUESTION 33Under the FMLA, an employee would be entitled to:up to 12 weeks of leave per year.up to 12 weeks of leave per year, but only if they are consecutive.up to 10 weeks of leave per year.up to 10 weeks of leave per year, but only if they are consecutive.2.5 points QUESTION 34If an employee needs to take 10 weeks of leave for a required surgery and recovery, they would be entitled:to get their job back after their leave.to disabilty payment benefits under Social Security for the time they couldnt work.to unemployment payment benefits for the time they couldnt work.None of the above are true.2.5 points QUESTION 35Workers Compensation:only pays benefits to workers who are injured inside the employers place of business.pays benefits to workers who suffer a work-related injury.pays benefits to workers who get hurt at work or at home, and therefore cannot work.pays benefits to workers who want to take a vacation.2.5 points QUESTION 36The employment-at-will doctrine means thatAn actor must agree to follow the instructions by the plays director in order to be cast in a play by William Shakespeare.Highly paid workers in the building trades can pass their jobs on to a relative when they die.An employer can terminate an employee for any reason as long as the reason is not a violation of public policy or law.Government employees lose their constitutional rights when on the job.2.5 points QUESTION 37The following is an example of quid pro quo sexual harassment.A male employee tells dirty jokes to a female superior.A male employee grabs a male co-worker in an inappropriate manner.A female manager refuses to hire a potential employee, unless the new employee agrees to have an affair with the manager.A worker has a provocative photo of his spouse on his cell-phone and shows it to his co-workers.2.5 points QUESTION 38A day care center hired a convicted child molester to take care of the children, without doing the required background check. The molester then attacked one of the children and the parents are suing the day care center. The day care center:Would be liable under respondeat superior.Would be liable for its own negligent conduct.Would be liable due to its comparative negligence.Would not be liable because the parents assumed the risk of harm.Would not be liable in any or all of the above events.2.5 points QUESTION 39Social Security can pay a benefit:To a wage-earner who retires and has reached the age set by statutory law.To a wage-earner who becomes fully and permanently disabled.To the survivor of a wage-earner who is entitled to a social security benefit.All of the above may be entitled to benefits under Social Security.None of the above may be entitled to benefits under Social Security.2.5 points QUESTION 40Under the FLSA, children are protected from:working too many hours.working in a job that may put them in danger.working certain hours that may cause them harm or interfere with their education.All of the above are correct.None of the above are correct.2.5 points