1.A group of citizens sues National Manufacturing Company, alleging pollution and injuries from that pollution. If their suit is based on a common-law ground, the citizens may obtain

a.an injunction only.

b.damages and an injunction.

c. damages only.

2.You own a bar and have advertised your trademark phrase "where you have fun."Another bar started using this same phrase and you sue them for trademark infringement.What's the likely result?

a.The phrase is too generic made up of very common words so you would likely lose your action to prevent others from using it.

b. The phrase is so unique you likely get trademark protection immediately after you start using it.

c. In no case can you trademark a phase or saying.

3.Sophisticates, a women's clothing store, employs female attendants to assist customers in the dressing rooms. Tod, a forty-one-year-old male, applies for an attendant's job, but is not hired. In Tod's suit against Sophisticates for employment discrimination under Title VII, the store has

a.a business necessity defense.

b.an after-acquired evidence defense.

c.a seniority systems defense.

d. a bona fide occupational qualification defense.

4.Discrimination in employment is illegal in which of the following:

a.in the hiring process

b. in the promotion process

c. in the termination process

d. all of the above

5.The Big Orange Lozenge Company sells an orange flavored lozenge that it advertises as "all the power of an orange wrapped into a healing candy." This ad would be considered misleading if (find the best answer):

a.In no case could this ad be considered misleading

b. The lozenge contained no parts of an orange or vitamins.

c. The lozenge was actually an orange dehydrated into a small candy with some sugar added.

d. The lozenge actually contained vitamin C and the other nutritional elements of an orange, but no actual orange.

6.You created a new drink that mixes caffeine, alcohol and tobacco that you call - "Three Killers." Politicians and others are saying your drink is dangerous and someone should stop it.You ask your attorney if there is anything to worry about.Which of the following is the best advice regarding consumer protection law.

a."You have nothing to worry about, all three products are legal in the U.S. and the government cannot ban the combination."

b. "The government could ban your product, require you to pull any remaining inventory from stores, and issue a recall for all products already sold."

c."The government could ban your product and require you to pull inventory from stores but cannot recall a beverage which is likely consumed quickly."

d. "The government could ban your product in the future but anything you already produced and sold is safe."

7.Each member of a certain organization agrees to give other members the most favorable treatment with regard to imports or exports.This organization is

a.the United Nations.

b.the International Export-Import Bank.

c.the Convention on Contracts for the International Sale of Goods.

d.the World Trade Organization.

8.Owen operates Paradise Hog Farm, Inc. Owen's neighbor Quinn files a suit against Owen, alleging that the farm is a nuisance. To win, Quinn must show that Owen is

a.engaged in an ultrahazardous activity.

b.not exercising reasonable care toward Quinn.

c. unreasonably interfering with Quinn's right to enjoy his property.

9.Tina told her employer that she cannot work the night shift for religious reasons (the employer runs three shifts but has trouble finding people for nights).Tina's recently adopted religion, The Sleep Seekers Sect, encourages believers to sleep at night.She started this religion when her employer required her to work nights. Her employer fired her for refusing to work nights and she sued her employer for discrimination. Which of the following is most likely? (the best answer)

a.Her employer can defend itself by showing that it forbids all religions and refuses to accommodate for anyone's religious desires - not just Tina's.

b. She will recover lost wages and other damages for her employer's religious discrimination even if she just adopted the religion to avoid working.

c. She will recover lost wages, but cannot get her job back without working nights.

d. Her employer can defend against the action by showing that her religious belief is not sincerely held.

10.Jim suffers from a muscular disorder that makes him involuntarily jerk, sometimes violently. Jim works at an amusement park as a ride operator, including operating all safety features of the ride. The park fired him due to his disability because it was concerned over guest safety.Which of the following is a possible outcome of litigation if Jim sues his employer for discrimination under the Americans with Disabilities Act (ADA)?

a.The park will not be liable because any "safety" concern will always be legitimate.

b. The park will not be liable if Jim's muscular condition is not a "disability" under the ADA.

c. The park will be liable if it could have "reasonably accommodated" Jim by modifying his work area or by moving him to a job that did not involve any safety concerns.

d. Both b and c.