1. Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a “fair, neutral decision maker”. No one can be deprived of “life, liberty, or due process of Law” under the:
A. Second Amendment.
B. Fourth Amendment.
C. Fifth Amendment.
D. Eighth Amendment.
2. Utility Power Company has the right to run its power lines across Victoria’s land. This is:
A. A license.
B. An easement.
C. A profit.
D. A Tenancy at sufferance.
3. To acquire the ownership of a mountain cabin by adverse possession, Katherine must occupy the cabin exclusively, continuously, and peaceably for a specified period of time:
A. In an open, hostile, and adverse manner.
B. Until the owner files a lawsuit.
C. With the Department of Title’s approval.
D. With the state’s permission.
4. Madison, a police officer, wants to search the offices of Niles Corporation. Madison must ask Judge Jones to issue a warrant. Under the Fourth Amendment, no warrants for a search or an arrest can be issues without:
A. Double Jeopardy.
B. Probable Cause.
C. Reasonable Doubt.
D. Immunity.
5. Esther, an accountant, contracts to perform services for Frazier. In performing those services, Esther uncovers a suspicious financial transaction. Esther is most likely not liable if she:
A. Acted negligently in failing to discover the transaction sooner.
B. Conceals the discovery and otherwise finishes the work.
C. Investigates and reports the discovery to Frazier.
D. Obtains restitution from the perpetrator without Frazier’s knowledge.
6. Alfred rents an apartment. The lease does not specify how long it will last, but it does specify that Alfred must pay rent every month. Alfred’s tenancy is:
A. A fixed –term tenancy.
B. A periodic tenancy.
C. A tenancy at will.
D. Not a Tenancy.
7. Priceless Retail Corporation specifies that its employees should not use social media to damage the company, harm another person’s reputation, or violate company policies. An employee who violates these rules may be subject to discipline and could be fired. According to the National Labor Relations Board, this social media policy:
A. Violates federal labor law.
B. Is too lenient towards employees.
C. Is too stringent towards management.
D. Is necessary to prevent inaccurate statements from being spread across the internet.
8. Jacob owns five acres of land in southern New Jersey. On his land Jacob has a house and a tool shed. There are ten large maple trees around the house that were there when Jacob bought the land. Since buying the land, Jacob has planted an apple tree. Jacob’s real property includes:
A. The house and tool shed only.
B. The house only.
C. The house tool shed and maple trees only.
D. The house, tool shed, maple trees, and apple tree.
9. Steps and Ladders, Inc. spends a great deal of money and effort to ensure that all employees are safe on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. Steps and Ladders appears to strongly believe in the concept of:
A. The moral minimum.
B. Corporate social responsibility.
C. “Grey areas” in the law.
D. Government oversight.
10. Straitway Corporation encourages its managers to behave ethically, reasoning that the employees will take their cues from management. One of the most important ways to create and maintain an ethical workplace is for management to:
A. Demonstrate a commitment to ethical decision making.
B. Discreetly engage in unethical or illegal acts.
C. Look the other way when an employee engages in an unethical act.
D. Direct employees to “do what we say, not as we do”.
11. Lucy, an accountant, is subject to the accounting conventions, rules, and procedures that constitute GAAP (Generally Accepted Accounting Principles). GAAP are determined by:
A. The International Accounting Standards Board.
B. The American Bar Association.
C. The American Institute of Certified Public Accountants.
D. The Financial Accounting Standards Board.
12. Sights Unseen, Inc. (SUI) sells telescopes with distinctively designed lenses and mirrors. Later, without SUI’s permission, Telescopes, Etc. Corporation begins to sell scopes with identical structures of lenses and mirrors. This is most likely:
A. Copyright infringement.
B. Patent infringement.
C. Trademark infringement.
D. No infringement.
13. Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with:
A. Robbery.
B. Forgery.
C. Burglary.
D. Embezzlement.
14. George accuses Matthew, an attorney, of committing malpractice. Malpractice is:
A. A breach of ethics.
B. A defalcation.
C. A mistake in judgment.
D. Professional negligence.
15. Bruno is an accountant. Under the Sarbanes-Oxley Act, the degree of government oversight over the public accounting practices of Bruno and other accountants was:
A. Decreased.
B. Increased.
C. Eliminated.
D. Unchanged.
16. Peter, an accountant, intentionally misstates a material fact to mislead Fruit Packing Industries, Inc., a client. Fruit Packing justifiably relies on the misstatement to its detriment. Peter is most likely liable for:
A. Actual fraud.
B. Constructive fraud.
C. Exhilarating fraud.
D. Virtual fraud.
17. Linda takes off her ring and places it on her desk, while she works. Without her knowledge or consent, her coworker Nancy picks up the ring, puts it on, and walks away. Nancy has likely committed:
A. Burglary.
B. Forgery.
C. Larceny.
D. Entrapment.
18. Simon, driving while intoxicated, causes a car accident that results in the death of Theodore. Simon is arrested and charged with a major felony. A felony is a crime punishable by death or by imprisonment for:
A. Any period of time.
B. More than one year.
C. More than six months.
D. More than ten days.
19. Mike copies Nick’s book, Mumbai Monsoon, in its entirety and sells it to Parkland’s Books, Inc. without Nick’s permission. Parkland publishes it under Mike’s name. This is:
A. Copyright infringement.
B. Fair use.
C. Licensing.
D. Protected expression.
20. James is arrested and found guilty of a misdemeanor. His punishment will not include:
A. Imprisonment for six months.
B. A fine of $100.
C. Imprisonment for fifteen years.
D. Imprisonment for six months and a fine of $500.
21. Trademarks are protected from use on noncompeting goods by:
A. The Federal Trademark Dilution Act.
B. The American Invents Act.
C. The Anticybersquatting Consumer Protection Act.
D. The Copyright Act.
22. Richard, an accountant, conducts an audit of Microstuff Toys, Inc. After the conclusion of the audit, the working papers created in preparing the audit must be:
A. Disposed of immediately.
B. Kept until the Public Company Accounting Oversight Board’s review.
C. Maintained for seven years.
D. Retained forever.
23. On the Web Company is an Internet service provider. On the Web’s customer, Phoebe, commits copyright infringement. On the Web is not liable for Phoebe’s activity:
A. Unless On the Web is aware of Phoebe’s violation.
B. Unless On the Web is not aware of Phoebe’s violation.
C. Unless On the Web shuts down Phoebe after learning of the violation.
D. Under any circumstances.
24. Far and Wide Corporation uses the trademark of Google, Inc. in a meta tag without Google’s permission. This is:
A. Cybersquatting.
B. Typosquatting.
C. Trademark infringement.
D. Trademark enrichment.
25. Tech Outsourcing, Inc. registers a domain name that is the same as, or confusingly similar to, the trademark of Tech Resourcing Corporation and then offers to sell the domain name back to Tech Resourcing. This is:
A. Cybersquatting.
B. Typosquatting.
C. Trademark infringement.
D. Trademark dilution.