Bakersfield College

Business Admin. 18 – Business Law

Quiz 6 – Summer, 2017

Use a Scan-Tron 882E Form.

Indicate (a) True or (b) False, unless otherwise indicated.

1)  The ability to profit from real property is a property right.

2)  Intellectual property is
a) tangible
b) intangible
c) not capable of ownership
d) all of the above
e) none of the above

3)  To be protected by law, a trade secret
a) must be copyrightable
b) must be patentable
c) must be commercially valuable
d) must have made efforts to keep it secret
e) both “c” and “d”

4)  Copyrights held by authors are protected by federal law for the life of the author plus 70 years.

5)  Patents are only available for new, useful, non-obvious products or processes.

6)  A unique word, protected by federal law, that identifies a business’s protect is called a trademark.

7)  A Donee must accept the gift for it to be legally complete.

8)  The right of an owner of property to a significant increase in that property is accession.

9)  Who has the right to possession of lost property when the true owner cannot be found?
a) the owner of the place where the property was found
b) the finder

10) When there is only one owner of property, that person is said to own it out-right.

11)  The right of survivorship allows property to pass on an owner’s death to co-owners without a will.

12)  Caveat Emptor means “Let the Buyer Beware.”

13)  Consumer Protection Laws: Promote product safety and prohibit abusive, unfair and deceptive practices.

14)  Food Labeling is required by the Nutrition Labeling and Education Act.

15)  The Food and Drug Administration issues regulations for cosmetics.

16)  Consumer Product Safety Act is a Federal Law to regulate potentially dangerous consumer products.

17)  The Consumer Product Safety Commission is responsible for regulating and enforcing the Consumer Product Safety Act.

18)  Lemmon Laws are provided, for consumers to follow to correct problems that may occur when purchasing fresh fruits and vegetables.

19)  False and deceptive advertising, bait and switch and abusive sales tactics are some of the unfair and deceptive practices that are prohibited by law and protect consumers.

20)  False and deceptive advertising include, but are not limited to, ads that contain misinformation, makes an unsubstantiated claim.

21)  Truth in Lending Act requires creditors to make certain disclosures to debtors.

22)  Fair Credit and Charge Card Disclosure Act requires disclosure of certain terms on credit and charge card applications.

23) Employment law is a mixture of contract law and government regulation.

24) Someone who is paid to perform a job but is not supervised or controlled in so doing is an independent contractor.

25) Federal law is likely to supply which of the following terms in employment contracts?
a) job title
b) minimum wage
c) job location
d) Whatever the President of the U.S. says.

26) When no length of employment is specified, the employer-employee relationship is known as employment by limited term.

27) The employment at-will doctrine is law in most states, although there are a number of exceptions.

28) Wrongful discharge is always committed by the employer.

29) Unemployment compensation will be denied if the employee was fired for cause.

30) Most public employees are entitled to due process (notice and hearing) before they can be terminated.

31) Which of the following is not a duty owed by the employer to the employee?
a) duty of reasonable treatment
b) duty to provide safe working conditions
c) duty to follow Fair Labor Standards
d) All of the above are duties owed.
e) None of the above.

32) If state laws designed to protect minors have stricter requirements than federal laws, the federal laws prevail.

33) An employer is liable for the torts of an employee if the employee was acting within the scope of employment when the tort occurred.

34) Which of the following is not a duty owed by employees to employers?
a) duty of obedience
b) duty of reasonable performance
c) duty of reasonable skill
d) duty of loyalty and honesty
e) all of the above are employee duties.

35) Employment contracts that make not joining a union a condition of employment are termed ex-parte contracts.

36) The group of workers for whom a union negotiates a common contract is called the bargaining unit.

37) In general, employment law makes it legal to consider a group characteristic when hiring individuals.

38) Which of the following employees would not fit into a protected class?
a) Pregnant
b) 60 year old male
c) Buddhist monk.
d) All the above fit into a protected class.

39) Which law prohibits discrimination based on race, religion, gender, or national origin?
a) ADA b) Equal Pay Act
c) Civil Rights Act of 1964 d) E Pluribus Unum

40) Which type of illegal discrimination is most often concerned with one person?
a) disparate treatment b) disparate impact
c) sexual harassment d) none of the above

41) An employee can collect a worker’s compensation claim if the injury did not arise out of the course of employment.

42) OSHA regulations control even very specific conditions of the workplace such as shields that must be on equipment.

43) OSHA can shut down employers who fail to provide a “workplace free from recognized hazards.”

44) In general, can an employee who is covered by worker’s compensation bring a suit against the employer for negligence?
Yes No

45) Acting for the benefit of the employer is generally referred to as
a) risk of employment
b) scope of employment
c) being an independent contractor
d) none of the above

46) Only some US employers must complete INS Form I-9 for each of their employees.

Final Exam on Thursday. DON’T BE LATE!