QUESTION 32

Truegreeen and K.B.Homes orally agree to a 2-year Landscaping services contract. This contract is enforceable by

	a.	Truegreen.
	b.	K.B.Homes.
	c.	any third party, such as a Landscaping supplies provider.
	d.	none of the choices.

2 points

QUESTION 33

The Fair Labor Standards Act does not addresswhich one of the following

	a.	medical benefits
	b.	overtime
	c.	child labor
	d.	minimum wages

2 points

QUESTION 34

With a baseball bat in hand,Azie Faison menacesAlpo Martinez forcing him to enter into a contract to pay him for protecting his store, "Sugar Hill" against destruction. Martinez may

	a.	recover from the insurer for the cost.
	b.	do nothing once he has agreed to pay.
	c.	rescind the contract or refuse to comply with its terms.
	d.	recover from the local police for their failure to protect his store.

2 points

QUESTION 35

Matt Gaetz works for SUEZ, a provider of water services. Matt is being transferredto a SUEZ department where some employeeshave been injured severelydue to exposure to dangerous conditions. Matt refuses to accept the transfer due to these dangerous conditions so SUEZ threatens to terminatehis employment. Mattmay be entitled to protection from discharge under

	a.	the Family and Medical Leave Act.
	b.	the state workers' compensation act.
	c.	no law.
	d.	the Occupational Safety and Health Act.

2 points

QUESTION 36

Yum! Brands Incorporated employs over half a million employees across the United States. Under federal law, Yum! Brands is required to furnish every employee, during any twelve-month period, family or medical leave of

	a.	up to twelve days.
	b.	up to twelve pay periods.
	c.	no limited duration.
	d.	up to twelve weeks.

2 points

QUESTION 37

Mr.Affleck fraudulentlyinduces Ms.Lopeztosign an agreement where she agrees to invest a substantial portion of her retirement savings with him. When Ms. Lopezlearns the truth, she may

Mr. S. Carter fraudulently induces Ms. B. Knowles to sign an agreement where she will invest a substantial portion of her retirement funds with him.. When Ms. B. Knowles learns the truth, she may

	a.	enforce the contract or recover what she invested with Mr. Affleck.
	b.	do nothing.
	c.	only enforce the contract.
	d.	only recover what she invested with Mr. Affleck.

2 points

QUESTION 38

Stephen Baldwin threatens Rosie O'Donnellwith physicalharm in order to force herto sell her liquor store, OrangetownSpirits, to Baldwin for a price that is well below its market value. This is

	a.	fraud.
	b.	undue influence.
	c.	duress.
	d.	unconscionability.

2 points

QUESTION 39

PaylessShoeSourcefiled abankruptcy petition voluntarily. Paylessfails to list certain rare and valuable shoes in its filing. After Payless is granted a discharge, Bakers Footwear Group, one of Payless'sunsecured creditors whose claim was discharged during the bankruptcy learns of the fraud, Bakers can

	a.	enforce its claim against Payless.
	b.	take possession of the shoes with or without a breach of the peace.
	c.	file an involuntary petition for bankruptcy against Payless.
	d.	do nothing.

2 points

QUESTION 40

United Parcel Service(UPS)employs over 120,000persons in the United States.For UPSto be in compliance with OHSA,the Occupational Safety and Health Administration,UPS must do all of the following except

	a.	report any work-related injuries.
	b.	keep occupational injury and illness records for each employee.
	c.	report any work-related diseases.
	d.	pay employees higher wages for working in more dangerous areas.

2 points

QUESTION 41

Which one of the below answers best captures the goals of Bankruptcy law from the viewpoint of a Debtor?

	a.	provide a fresh start, free from creditors' claims .
	b.	shield assets from creditors' claims.
	c.	ensure that third parties will continue to guarantee loans.
	d.	encourage the continued use of credit to borrow funds.