tarleton GB433 exam 1

1 out of 1 points

Article III of the U. S. Constitution specifies there shall be:

:

b.

one Chief Justice of the United States

Answers:

a.

one Chief Justice of the United States

b.

one Court of Appeals for each state

c.

Bankruptcy Courts

d.

nine justices of the Supreme Court

Question 2

1 out of 1 points

An advertisement for "Lithuanians Only" would probably involve the type of discrimination known as:

:

c.

disparate treatment.

Answers:

a.

disparate impact

b.

promissory estoppel.

c.

disparate treatment.

d.

none of the above

Question 3

0 out of 1 points

Kelbo loaned Tatchi $8,000 for one year at 7.5 percent interest. Tatchi verbally promised that Kelbo could take his sailboat as collateral should Tatchi fail to pay the debt. Tatchi kept the sailboat pending payment to Kelbo. Assume no other facts.

:

a.

A security interest is perfected in the sailboat.

Answers:

a.

A security interest is perfected in the sailboat.

b.

The transaction between Kelbo and Tatchi constituted a national security breach

c.

Kelbo cannot take the boat away from someone who later purchases the boat from Tatchi without knowledge of the verbal agreement

d.

all of the above.

Question 4

0 out of 1 points

Under Texas law, a dismissed employee does not have a cause of action for wrongful termination as a result of which of the following :

:

c.

termination prior to expiration of an employment contract

Answers:

a.

termination prior to expiration of an employment contract

b.

termination for being born in Iran

c.

termination for reporting racial discrimination to a supervisor

d.

termination for missing work due to make an appointment ordered by a doctor.

Question 5

1 out of 1 points

Methods of perfecting a security interest include

:

a.

possessing the collateral.

Answers:

a.

possessing the collateral.

b.

detached aloofness

c.

filing a protest statement with a environmentalist’s office

d.

all of the above

Question 6

1 out of 1 points

Which of the following is an unfair labor practice, under the Taft-Hartley Act?

:

d.

all of the above

Answers:

a.

A union strikes against a general contractor to force the contractor to stop dealing with a subcontractor.

b.

A union strikes against an employer because another employer uses nonunion employees.

c.

A union asks another company not to load trucks carrying the products of a company the union is striking.

d.

all of the above

Question 7

1 out of 1 points

Which of the following powers is not granted to the President in Article II of the Constitution?

:

c.

The President engages in judicial review.

Answers:

a.

The President appoints judges to the highest federal court

b.

The President is the Commander-in-Chief of the army

c.

The President engages in judicial review.

d.

The President has executive power.

Question 8

1 out of 1 points

The elimination of the debtor's debts at the end of a bankruptcy proceeding is called a(n)

:

c.

discharge.

Answers:

a.

liquidation.

b.

waiver.

c.

automatic stay.

d.

discharge.

Question 9

0 out of 1 points

Elmer and Betsy-Sue live in a house which serves as purchase-money security fore their note to the Bailey Building and Loan in Pottersville, Texas. Elmer and Betsy-Sue are in default on their note. How many days notice must be given to Elmer and Betsy Sue before a foreclosure sale may be held?

:

c.

30

Answers:

a.

20

b.

41

c.

21

d.

30

Question 10

1 out of 1 points

Firing an employee for his addiction to cocaine is:

:

c.

Lawful

Answers:

a.

Required by law

b.

Illegal discrimination based on disability

c.

Lawful

d.

All of the above

Question 11

0 out of 1 points

Which of the following workers are not prohibited from striking?

:

c.

air traffic controllers

Answers:

a.

ambulance paramedics

b.

factory workers

c.

air traffic controllers

d.

all of the above

Question 12

0 out of 1 points

Todd, a bankruptcy debtor, does not have enough money to cover his debts. Which of the following debts to unsecured creditors may not be discharged?

:

c.

unpaid child support

Answers:

a.

certain government-guaranteed student loans

b.

unpaid Federal income taxes

c.

unpaid child support

d.

all of the above

Question 13

1 out of 1 points

The agent's duty of loyalty means that the agent cannot act

:

d.

for two principals in the same transaction.

Answers:

a.

for an undisclosed principal.

b.

for two principals in the same transaction.

c.

for two principals.

d.

for more than one year for the same principal.

Question 14

1 out of 1 points

A deed of trust

:

d.

is a way for the mortgagor to convey his or her interest in the property to a trustee to serve as security for an obligation to a mortgagee.

Answers:

a.

does not need to be in writing.

b.

is a way for the mortgagor to convey all or part of his or her interest in the property directly to the mortgagee.

c.

is a way for the mortgagor to convey his or her interest in the property to a trustee to serve as security for an obligation to a mortgagee.

d.

cannot, in any state, be used in place of a mortgage.

Question 15

1 out of 1 points

A proprietor's procuring the services of an independent contractor known to be incompetent could result in liability for the proprietor due to

:

b.

negligent hiring

Answers:

a.

negligent firing

b.

negligent hiring

c.

a factor.

d.

a nondelegable duty.

Question 16

1 out of 1 points

Which of the following services is used in determining whether a homestead is considered urban?

:

c.

water

Answers:

a.

septic tank pumping

b.

natural walking trails

c.

electronic internet connection

d.

water

Question 17

0 out of 1 points

The agent's duty to follow the lawful instructions of the principal is the duty of

:

b.

loyalty.

Answers:

a.

accounting.

b.

loyalty.

c.

obedience.

d.

indemnification.

Question 18

1 out of 1 points

A legal agreement between two persons whereby one person is designated the binding representative of the other is known as

:

b.

agency.

Answers:

a.

respondeat superior.

b.

agency.

c.

supremacy.

d.

agency by estoppel.

Question 19

1 out of 1 points

One who gives a security interest in real property to secure a debt he owes is a

:

b.

mortgagor.

Answers:

a.

secured party.

b.

mortgagee.

c.

mortgagor.

d.

subordinated party.

Question 20

1 out of 1 points

In bankruptcy, a legal order that stops the debtor's creditors from making further moves to collect the money that the debtor owes them is called a(n)

:

c.

automatic stay.

Answers:

a.

discharge.

b.

waiver.

c.

liquidation.

d.

automatic stay.

Question 21

1 out of 1 points

The Age Discrimination in Employment Act (ADEA), as implemented through the Texas Commission on Human Rights Act, protects employees

:

c.

40 years of age and over.

Answers:

a.

under 21 and over 40 years of age.

b.

of all ages.

c.

between 35 and 75 years of age.

d.

40 years of age and over.

Question 22

1 out of 1 points

Right to work laws are

:

a.

state laws that prohibit labor-management agreements requiring union membership as a condition of getting or keeping a job.

Answers:

a.

state laws that prohibit employers from negotiating with employee representatives over grievance procedures and seniority systems.

b.

federal laws that prohibit employees in the public sector from striking.

c.

state laws that prohibit labor-management agreements requiring union membership as a condition of getting or keeping a job.

d.

federal laws that prohibit labor-management agreements requiring union membership as a condition of getting or keeping a job.

Question 23

1 out of 1 points

A theory under which an employer may be held liable for the torts of the employee is called

:

b.

respondeat superior

Answers:

a.

resplendent posterior

b.

agency by estoppel.

c.

respondeat superior

d.

supremacy.

Question 24

0 out of 1 points

If it determines that a federal statute conflicts with the Constitution, the Supreme Court:

:

c.

orders the statute erased from the law books

Answers:

a.

may be overriden by a two-thirds vote of the House and Senate

b.

refuses to enforce the statute whether or not it remains in the law books

c.

orders the statute erased from the law books

d.

none of the above

Question 25

0 out of 1 points

A person who is authorized to conduct a particular transaction is a(n)

:

a.

agent.

Answers:

a.

principal.

b.

agent.

c.

special agent.

d.

general agent.

Question 26

1 out of 1 points

The after acquired evidence defense is sometimes available for employers who have discovered evidence that

:

d.

would have allowed them to discharge an employee even if the wrongful discharge claim was true.

Answers:

a.

would have allowed the employee to exercise the remedy of specific promulgation.

b.

would have allowed them to discharge an employee even if the wrongful discharge claim was true.

c.

would have allowed the employee to call upon the collective bargaining grievance procedure guaranteed by Congress under provisions of the After Acquired Evidence Act of 1994.

d.

would have allowed the employer to rehire the employee after a negotiated settlement.

Question 27

0 out of 1 points

The duty that requires the agent to keep a record of all the principal's money is known as the duty

:

b.

of good faith.

Answers:

a.

of good faith.

b.

to account.

c.

of loyalty.

d.

of obedience.

Question 28

1 out of 1 points

If an employer in Texas foregoes participation in the Workers’ Compensation system, the following defenses to claims by injured workers are not recognized by a court:

:

b.

comparative negligence

Answers:

a.

self-defense

b.

comparative negligence

c.

statute of limitations

d.

all of the above

Question 29

0 out of 1 points

Bubba owns a tract of land. On February 10, Bubba signs a deed to the property to Frank in consideration for $100,000. Frank records his deed on February 15. On February 14, Bubba gives a deed to the property to Mistress Maple as a gift, hoping to win her affection. That evening, Maple shows Lover Larry her deed from Bubba, and sells the property to Larry for $100,000, which he pays in cash. Whose title is superior?

:

c.

Bubba

Answers:

a.

Mistress Maple

b.

Lover Larry

c.

Frank

d.

Bubba

Question 30

1 out of 1 points

The Magna Carta, a 13th Century document agreed to by King John of England, was an early establishment of which of the following principles?

:

d.

Law may regulate and restrict the powers of rulers as well as the governed.

Answers:

a.

The line of succession in the English monarchy could include daughters as well as sons of the King.

b.

Kings must get parliamentary approval of official acts.

c.

The English Prime Minister would the the head of government while the King would remain the head of state.

d.

Law may regulate and restrict the powers of rulers as well as the governed.

Question 31

1 out of 1 points

The action of a principal in authorizing a previously unauthorized act by an agent is known as

:

d.

ratification

Answers:

a.

tangential gratification.

b.

reticular formation

c.

agency by implication.

d.

ratification

Question 32

0 out of 1 points

The individual charged with the responsibility of liquidating the assets of the debtor for the benefit of all interest parties is the

:

b.

creditor in possession.

Answers:

a.

primary trustee.

b.

creditor in possession.

c.

bankruptcy trustee.

d.

debtor in possession.

Question 33

0 out of 1 points

The exception to the rule that says that either the principal or the agent may terminate an agency relationship at any time arises in the situation of

:

a.

an agency by estoppel.

Answers:

a.

an agency by estoppel.

b.

an agency by mutual agreement.

c.

a notice of reimbursement.

d.

an agency coupled with an interest.

Question 34

0 out of 1 points

A debtor who continues to run a business after filing a Chapter 11 bankruptcy petition is called a(n)

:

d.

debtor in bankruptcy.

Answers:

a.

unimpaired debtor.

b.

debtor in possession.

c.

suspended debtor.

d.

debtor in bankruptcy.

Question 35

0 out of 1 points

Employment discrimination against a woman based on pregnancy is unlawful discrimination based on:

:

b.

disability

Answers:

a.

sex

b.

disability

c.

weight

d.

hormones

Question 36

0 out of 1 points

In a bankruptcy filing under ____, there is an automatic suspension of debt collection as soon as the petition is filed.

:

b.

Chapter 7

Answers:

a.

Chapter 12

b.

Chapter 7

c.

Chapter 11

d.

all of the above

Question 37

1 out of 1 points

Intentional infliction of emotional distress may be considered as the basis for wrongful discharge when the employer's conduct is

:

c.

extreme and outrageous.

Answers:

a.

slightly disturbing.

b.

somewhat disturbing.

c.

extreme and outrageous.

d.

loud and difficult to understand.

Question 38

1 out of 1 points

President Ronald Reagan fired which of the following federal employees for striking:

:

c.

Air traffic controllers

Answers:

a.

Airline pilots

b.

I.R.S. employees

c.

Air traffic controllers

d.

E.P.A. regulators

Question 39

1 out of 1 points

The Family Medical Leave Act applies to:

:

c.

employers employing 50 or more employees

Answers:

a.

only women of child-bearing age

b.

all employers

c.

employers employing more than 15 employees

d.

employers employing 50 or more employees

Question 40

0 out of 1 points

Article I of the U.S. Constitution

:

c.

gives judicial power to the Supreme Court and to other courts set up by Congress.

Answers:

a.

states that Congress consists of the Senate and the House of Representatives.

b.

determines that a presidential term of office runs for six years.

c.

gives judicial power to the Supreme Court and to other courts set up by Congress.

d.

establishes the principle of supremacy.

Question 41

0 out of 1 points

Marks, an employer, informed his employees that they should not vote for a company union. By expressing his opinion, Marks has

:

b.

wrongfully interfered with the formation or administration of a company union under the Wagner Act.

Answers:

a.

acted within his rights under the anticorruption law of the Landrum-Griffin Act.

b.

wrongfully interfered with the formation or administration of a company union under the Wagner Act.

c.

acted within his rights under the free speech provision of the Taft-Hartley Act.

d.

wrongfully interfered with employees' right to organize a union under the Wagner Act.

Question 42

0 out of 1 points

Authority that the principal voluntarily and specifically sets forth in the words of an agency agreement is known as

:

b.

disclosed authority.

Answers:

a.

implied authority.

b.

express authority.

c.

disclosed authority.

d.

apparent authority.

Question 43

1 out of 1 points

A security agreement

:

c.

must contain a written description of the collateral that is used for security and signed by the debtor.

Answers:

a.

does not need to be in writing.

b.

may be signed only by the creditor.

c.

must contain a written description of the collateral that is used for security and signed by the debtor.

d.

does not need to contain a description of the collateral that is used for security if both the debtor and the creditor have orally identified the collateral.

Question 44

1 out of 1 points

Common law originated in

:

a.

England.

Answers:

a.

the United States.

b.

Germany.

c.

New England.

d.

England.

Question 45

0 out of 1 points

In Marbury v. Madison, Chief Justice Marshall, writing for the U.S. Supreme Court, established the principle of judicial review by:

:

c.

Issuing a writ of mandamus to President Jefferson to deliver an appointment to Marbury

Answers:

a.

Issuing a writ of mandamus to President Jefferson to deliver an appointment to Marbury

b.

Declaring President Jefferson's electoral defeat of the Federalists unconstitutional.

c.

Holding Congress' expansion of the Supreme Court's original jurisdiction unconsitutional

d.

Finding the Senate's practice of opening each session with a prayer violative of the First Amendment.

Question 46

1 out of 1 points

An apparently neutral employment policy that has a discriminatory effect on a protected class would be said to have

:

d.

a disparate impact.

Answers:

a.

an in canis corpus transmuto effect.

b.

a disparate impact.

c.

a BFOQ.

d.

a disparately intrusive effect.

Question 47

0 out of 1 points

Farmer Fred owns real property and signs a deed of trust for the benefit of hi bank, thereby granting a lien in the propety. Bank records the deed of trust in the county clerk’s office. A would-be buyer of the property:

:

a.

need not worry about a deed of trust the Buyer did not sign

Answers:

a.

need not worry about a deed of trust the Buyer did not sign

b.

is on constructive notice of the existence of the deed of trust lien

c.

must have actual notice of the deed of trust lien to be subject to its terms

d.

all of the above

Question 48

0 out of 1 points

The mortgagor's right to collect the entire balance due immediately upon the mortgagor's default on one installment payment is found in a(n)

:

c.

graduated-payment clause.

Answers:

a.

graduated-payment clause.

b.

balloon-payment clause.

c.

acceleration clause.

d.

deceleration clause.

Question 49

1 out of 1 points

The traditional American rule with respect to termination of employment is known as

:

c.

employment-at-will.

Answers:

a.

public policy.

b.

good faith and fair dealing.

c.

employment-at-will.

d.

implied contract.

Question 50

1 out of 1 points

Under the Texas property exemptions, which of the following items of property may a single person exempt or exclude from the bankruptcy process?

:

b.

two firearms

Answers:

a.

one Chevrolet Silverado valued at $35,000

b.

two firearms

c.

jewelry up to a value of $15,000

d.

all of the above

Question 51

0 out of 1 points

A work place in which the employer by agreement hires only union members in good standing, is known as

:

a.

a union shop.

Answers:

a.

a union shop.

b.

constructive discharge.

c.

picketing.

d.

a closed shop.

Question 52

1 out of 1 points

The courts will look at which of the following factors to determine if an implied contract exists?

:

d.

any or all of the above

Answers:

a.

past dealing

b.

the nature of the employment relationship

c.

the length of the employment relationship

d.

any or all of the above

Question 53

0 out of 1 points

A person who hires an independent contractor is known as a

:

a.

master.

Answers:

a.

general agent.

b.

proprietor.

c.

master.

d.

borrowed servant.

Question 54

1 out of 1 points

A concerted refusal to have dealings with someone to force the acceptance of certain conditions is known as

:

d.

a boycott.

Answers:

a.

collective bargaining.

b.

a strike.

c.

picketing.

d.

a boycott.

Question 55

1 out of 1 points

Some acts must be performed in person, and cannot, therefore be delegated to an agent. Which of the following acts are included in this list?

:

d.

all of the above

Answers:

a.

serving on a jury

b.

voting

c.

holding public office

d.

all of the above

Question 56

0 out of 1 points

A failure on the part of an agent to keep the principal's funds separate from the agent's funds is known as

:

c.

cohabitation

Answers:

a.

renunciation.

b.

revocation.

c.

cohabitation

d.

commingling.

Question 57

1 out of 1 points

A mortgage with fixed payments based on a fixed interest rate during the life of the mortgage is a

:

d.

conventional mortgage.

Answers:

a.

graduated-payment mortgage.

b.

variable-rate mortgage.

c.

balloon-payment mortgage.

d.

conventional mortgage.

Question 58

1 out of 1 points

In Texas, a person’s wages may be garnished for:

:

a.

child support

Answers:

a.

child support

b.

unpaid judgments for medical bills

c.

unpaid college bookstore accounts

d.

all of the above

Question 59

1 out of 1 points

Which of the following can never be a bona fide occupational qualification (BFOQ)?

:

c.

race

Answers:

a.

religion

b.

sex

c.

race

d.

age

Question 60

0 out of 1 points

The doctrine that prevents a lawsuit against government authority without the government's consent is known as

:

d.

agency by operation of law.

Answers:

a.

sovereign immunity

b.

agency by estoppel.

c.

agency by operation of law.

d.

the equal dignities rule.

Question 61

0 out of 1 points

When foreclosure occurs, the owner/debtor’s ____________________ is cut off:

:

b.

right of bankruptcy

Answers:

a.

right of respondent superior

b.

right of bankruptcy

c.

fertility

d.

right of redemption

Question 62

0 out of 1 points

The Occupational Safety and Health Administration has regulatory authority over job sites at which:

:

b.

50 or more employees work

Answers:

a.

people work

b.

50 or more employees work

c.

only children work

d.

15 or more employees work

Question 63

0 out of 1 points

To be an employer as defined in the Texas Commission on Human Rights Act, a company or individual must have ____ employees.

:

c.

1

Answers:

a.

15

b.

50

c.

5

d.

1

Question 64

0 out of 1 points

The legal principle that states that when a principal appoints an agent to enter a contract that must be in writing, the agreement appointing the agent must also be in writing is known as

:

b.

agency by operation of law.

Answers:

a.

agency by estop

Question 64

0 out of 1 points

The legal principle that states that when a principal appoints an agent to enter a contract that must be in writing, the agreement appointing the agent must also be in writing is known as

:

b.

agency by operation of law.

Answers:

a.

agency by estoppel.

b.

the equal dignities rule.

c.

agency by operation of law.

d.

the egalitarian dignitary rule

Question 65

0 out of 1 points

In McCulloch v. , the U.S. Supreme Court case regarding a state's authority to impose taxes on a federal bank, Chief Justice Marshall wrote:

:

a.

That there is a plain repugnance, in conferring on one government a power to control the constitutional measures of a higher government.

Answers:

a.

That there is a plain repugnance, in conferring on one government a power to control the constitutional measures of a higher government.

b.

That the power to destroy may defeat and render useless the power to create

c.

That the power to tax involves the power to destroy

d.

All of the above.

Question 66

0 out of 1 points

Under Texas law, which of the following liens are not valid against a homestead?

:

a.

Equity loans from banks which comply with the Texas Constitution

Answers:

a.

Equity loans from banks which comply with the Texas Constitution

b.

Judgment liens for unpaid medical bills

c.

Purchase money liens

d.

Liens for unpaid school property taxes

Question 67

0 out of 1 points

Under Texas law a married couple may protect a rural homestead of up to __________ acres.

:

d.

100

Answers:

a.

200

b.

100

c.

10

d.

2.5

Question 68

1 out of 1 points

If the House of Representatives passes a bill that lowers income tax rates, the bill becomes law if:

:

b.

the President signs the bill after the Senate passes the same bill

Answers:

a.

the President vetoes the bill

b.

the President signs the bill after the Senate passes the same bill

c.

OSHA certifies its safety

d.

none of the above

Question 69

0 out of 1 points

In Texas, foreclosure sales are held:

:

a.

At city hall in the county in which the property is located

Answers:

a.

At city hall in the county in which the property is located

b.

Between the hours of 9 a.m. and 12 noon.

c.

The first Tuesday of each month

d.

All of the above.

Question 70

0 out of 1 points

A person given broad authority to conduct the bulk of a principal's business is called a

:

c.

borrowed servant.

Answers:

a.

proprietor.

b.

general agent.

c.

borrowed servant.

d.

master.

Question 71

0 out of 1 points

A duty that cannot be passed off to another party is known as

:

[None Given]

Answers:

a.

negligent retention.

b.

a factor.

c.

negligent hiring.

d.

a nondelegable duty.

Question 72

0 out of 1 points

Boss fires Lazy Lucy because she smokes during her lunch hour away from the job. Boss’ action in firing Lucy:

:

[None Given]

Answers:

a.

constitutes intentional infliction of emotional distress

b.

violates her civil rights as a female smoker

c.

will likely be considered good cause for purposes of unemployment benefits

d.