QUESTION 1

1. The Fair Labor Standards Act's (FLSA's) primary provisions mandate __________.
2. A.the payment of a minimum wage; a maximum 40-hour work week; and restrictions on child labor
3. B.the payment of a minimum wage; a maximum 40-hour work week; and an employer-funded pension plan
4. C.the payment of a minimum wage; a maximum 40-hour work week; and an employee-funded defined contribution retirement plan
5. D.a maximum 40-hour work week; restrictions on child labor; and an employee-funded defined contribution retirement plan

QUESTION 2

Unsafe workplace conditions are monitored and regulated under

1. A.HIPAA.
2. B.COBRA.
3. C.OSHA.
4. D.ERISA.

QUESTION 3

Processes, formulas, methods, procedures, and lists are all examples of __________.

1. A.trade secrets
2. B.service marks
3. C.copyrighted materials
4. D.trademarks

QUESTION 4

In a contract claim, money damages are primarily limited to __________.

1. A.compensatory damages, consequential damages, restitution, and liquidated damages
2. B.compensatory damages, consequential damages, restitution, and non-liquidated damages
3. C.specific performance, consequential damages, rescission, and liquidated damages
4. D.specific performance, compensatory damages, rescission, and non-liquidated damages

QUESTION 5

A tort is a __________ wrong in which one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.

1. A.criminal
2. B.federal
3. C.civil
4. D.dangerous

QUESTION 6

A condition __________ stipulates an event that occurs after performance under the contract and discharges the parties' obligations.

1. A.concurrent
2. B.precedent
3. C.subsequent
4. D.absolute

QUESTION 7

The process by which parties to a contract perform their obligations in good faith and fulfill the terms of the contract is called

1. A.Discharge
2. B.Novation
3. C.Completion
4. D.Delegation

QUESTION 8

1. A design patent will last for
2. A.20 years from the date of the filing of the application with the U.S. Patent and Trademark Office.
3. B.14 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.
4. C.20 years from the date of the approval of the application granted by the U.S. Patent and Trademark Office.
5. D.14 years from the date of the filing of the application with the U.S. Patent and Trademark Office.

QUESTION 9

The Family and Medical Leave Act applies to employers with a minimum of

1. A.15 full-time employees.
2. B.10 full-time employees.
3. C.25 full-time employees.
4. D.50 full-time employees.

QUESTION 10

Morris is a nonexempt employee with a salary of $400 a week based on a 40-hour week. If he works 50 hours in a particular week, his paycheck should be for

1. A.$600.
2. B.$450.
3. C.$550.
4. D.$500.

QUESTION 11

One who commits a tort is called the

1. A.torteffector.
2. B.tortdoer.
3. C.tortmaster.
4. D.tortfeasor.

QUESTION 12

Professor Patty is very upset that three students in her class cannot afford to buy the 42- chapter book for the course. The book is used for two semesters, although not all students take the second semester. She finally tells the three students that she will make copies of the first 21 chapters for them, at no charge. Professor Patty makes the copies and gives each chapter to the students prior to her coverage of the relevant chapter in class. If Professor Patty is sued for copyright infringement

1. A.she wins because the fair use doctrine permits use of the work for educational purposes.
2. B.she loses because she is copying whole sections and a significant portion of the book.
3. C.she wins because she is not copying the entire book but only 21 chapters of it and is not making a profit.
4. D.she loses because by making and distributing the chapters, she is diminishing the value of the book on the national market.

QUESTION 13

What are the three (3) classifications of torts?

1. A.Intentional torts, misdemeanor, and felony
2. B.Negligence, misdemeanor, and felony
3. C.Intentional torts, negligence, and strict liability
4. D.Negligence, negligenceper se, and recklessness

QUESTION 14

In which of the following situations is a court most likely to find substantial performance?

1. A.April orders a fully equipped car from a dealer, but the car delivered has an automatic transmission rather than the manual transmission that she ordered.
2. B.Olivia orders 3 gallons of paint for the exterior of her house, based on square footage covered and needed, but the paint supplier can deliver only 1 gallon.
3. C.KM Corporation orders 500 boxes of copy paper from MK supply, but MK can deliver only 450 boxes.
4. D.Young orders a set of forty specially made chrome rims for her car, but the supplier can deliver only three.

QUESTION 15

The Electronic Communications Privacy Act prohibits employers from monitoring each of the following, unless consent to monitor is granted, except

1. A.employee outgoing personal phone calls.
2. B.employee voice mail.
3. C.employee e-mail.
4. D.employee incoming personal phone calls.