Question

1) An agreement among competitors to fix prices is a per se violation of Section 1 of the Sherman Act.

a. True

b. False

2)Sara brings a lawsuit against Tucci over a sale of 1,500 acres of ranchland. During the trial, Tucci’s attorney asks questions of the plaintiff’s witness Ulysses. This is a. a cross-examination.

b. a direct examination.

c. voir dire.

d. hearsay.

3) Nadine and Orin work at Pumps & Pipes Inc. Nadine is a sales representative who works with Pumps’s customers, including contractors, government agencies, farmers, and others, as well as individual consumers. Pumps closely supervises all of its sales reps, and dictates their schedules. Orin is an engineer who works in Pumps’s design department who has no contact with customers and has no authority to speak for the company. Ellen is the CEO.

Refer to Fact Pattern 19-1. With respect to third parties, Nadine is Pumps’s

a. employee, agent, and independent contractor.

b. employee and agent.

c. employee but not agent.

d. independent contractor.

4) Sally was the president of Timber Products, Inc. She made a business decision that looked reasonable and profitable at the time, but caused the company to lose millions. The company fired her then sued her. Which of the following would be her best defense?

a. contributory negligence.

b. business judgment rule.

c. comparative fault.

d. assumption of the risk.

5) Belle is an employee of College Cafeterias, Inc., covered by federal overtime provisions, which apply only after an employee has worked more than

a. seven and a half hours in a day.

b. eight hours in a day.

c. forty hours in a week.

d. one year for the same employer.

6) Lucy retires from her job as an office manager for Medical Clinic, P.A. With respect to her pension benefits, federal law provides for

a. timely and uninterrupted payment of private pension benefits.

b. employers’ required establishment of pension plans.

c. vesting of employees’ rights to all pension benefits immediately.

d. termination of pension benefits on employment termination.

7) Calvert files a suit in a state court against Denny, seeking an amount of allegedly unpaid rent for an office that Denny leased and later vacated. If Denny losses the suit and decides to appeal, his attorney must file, with the clerk of the trial court, within a prescribed period of time

a. a formal refusal to abide by the verdict.

b. a notice of appeal.

c. a transcript of the trial and copies of the exhibits.

d. the judgment order from which the appeal is taken.

8) . O’Hara works for Gone with the Wind, Inc. O’Hara qualifies for and takes eight weeks of leave under the Family and Medical Leave Act (“FMLA”) How much of O'Hara's salary/wage must Gone with the Wind pay O'Hara during her FMLA leave?

a. none

b. 50%

c. 75%

d. 100%

9) We watched the Witch Trial Scene in Monty Python’s Holy Grail when we did the section on due process. In that scene, in order to conclude that the defendant was a witch, the defendant had to weigh the same as:

a. a duck.

b. cider.

c. really small rocks.

d. a coconut.

Answer 1

1) TRUE - Sector 1 of the Sherman Act states that any unfair trade practices shall be considered as illegal and therefore viloating the act.

2) a) Cross examination – When a opposition lawyer examine and ask questions from defendant’s or plaintiff’s witness

b) direct examination – When lawyer ask his own client certain question to clear the case facts to judges.

c) voir dire – preliminary examination of witness

d) hearsay – information received from the people not present in the case

Answer is C – Voir Dire

3) Nadine is working with the company and the management have all control to supervise his work and give him instructions. Therefore asnwer is b) Employee and agent as he is under control of management and he is representing himself on behalf of the Company which is considered to be working as an Agent. If he would have got the freedom to work in his own way, he will be independent contractor in that case.

4) a. contributory negligence – When both the parties are in default that is negligence from both the sides.

b. business judgment rule – Decision taken in good faith and in interest of the Company honestly

c. comparative fault – One can claim the partial relaxation claiming plaintiff was also on default.

d. assumption of the risk – Again a partial relief that plaintiff knew the risk involved and still agreed to enter.

Answer – b) Business Judgement rule against which one can claim full exemption against the damages imposed.

5) Answer is c) Forty hours in a week - As per US Fair Labor Standards Act, Non-exempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek.