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BLAW Test 4


For how long does a copyright last? The author's life plus 70 years.
A statutorily secured monopoly right that is issued to inventors or discoverers of useful, new devices or processes is known as a: Patent.
Under copyright law, the doctrine of works for hire states that: If an employee prepares a work within the scope of her employment, her employer is considered the author of the work.
Examples of trades dress include: The shape of a Coca-Cola Bottle.
A design patent: Has a duration of 14 years; refers to ornamental designs for manufactured products; requires a showing of novelty, ornamentality, and non-obviousness.
Infringement of a mark occurs when: A person without authorization uses an identical or substantially similar mark that is likely to cause confusion, to cause mistake, or to deceive.
Which of the following activities is identified as an unfair employer practice under the NLRA? To interfere with employees' rights to unionize and bargain collectively; to dominate the union; to discriminate against union members; to refuse to bargain in good faith with duly established employee representatives.
Judicial limitations on the employment-at-will doctrine have been based on: Contract law; Tort law; and public policy.
Who administers the federal unemployment compensation laws? The states.
In a "closed shop," an employee" Must be a union member before being hired.
ABC Company sells nursery products. If only hires women as sales representatives because it thinks that its customers relate better to women. Which of the following is true? This is a violation of Title VII of the 1964 Civil Rights Act.
Which of the following is NOT true about social security? The purpose is to provide full retirement to almost all employees.
Shopville Industries, Inc. a non-construction employer of 35 people, must have a written affirmative action plan subject to the Executive Order prohibiting discrimination based on race, sex, religion, or national origin by federal contractors. Only if it has contracts for more than $50,000.
The Recreation and Parks Agency of the state government has six employees and is interviewing for a person to teach gymnastics and arts and crafts to 3-5 years olds. Ed, age 68, applies, but its told he is too old. If he sues under the Age Discrimination? Ed is not able to do gymnastics.
Under the Pregnancy Discrimination Act: Employers may not refuse to hire a pregnant woman, fire her, or force her to take maternity leave.
A partner who has no right to participate in control of the business and who has limited liability is called a: Limited partner.
Sue, Barb, and Carlotta agree to put in $1,000 each to set up a shelter for lost animals. They each work two days a week. Donations fund the day-to-day operations. Do they have a partnership? No, because there is no business for profit.
A general partnership that, by making the statutorily required filing, limits the liability of its partners for some or all of the partnership's obligation is known as a: Limited Liability Partnership.
A general partner of a limited partnership has a _________________ relationship to the general and limited partners. Fiduciary.
Bill Bonney, the sole stockholders of Kidd Corporation, wrongfully used the corporation to avoid a personal liability. A court's disregarding the corporate entity and holding Bonney personally liable is called: Piercing the corporate veil.
The board of directors cannot declare dividends when the corporation: Is insolvent.
Yukon Corporation purchases 1,000 shares of its own stock from Jones at a price of $50 a share. These shares. which are now issued, but not outstanding, are known as: Treasury shares.
Which of the following determines when to declare dividends and in what amount? The board of directors.
Bonds subject to a redemption provision, which permits the corporation to redeem, or pay off, all or a part of the issue before maturity at a specified redemption price are known as: Callable bonds.
State Laws that regulates the issuance and sale of securities are known as: Blue Sky Laws.
Plant patents: Asexually produced (Modified human made). (a) novel; (b) distinctive; (c) Non-obvious. 20 years from the filing date. Is granted by the Gov. to an inventor who has invented or discovered and asexually reproduced a distinct and new variety of plant.
Trademarks are protected under what law? Article I, Section 8, of the US constitution .
When employer pays unequal wages for equal work to members of the opposite sex, on what bases can he defend the pay differential? The EPA’s four affirmative defenses allows unequal pay for equal work when the wages are set "pursuant to: Defense: 1.) Differential based on a seniority system, 2.) A merit system, 3.) A system that measures quality, quantity.
Can "neutral rules" in an employment context be prohibited under Title VII of the 1964 Civil Rights Act? Neutral rules and policies regarding this generally DON'T violate Title VII, they must be enforced in an evenhanded manner, without regard to national origin. The rules affect a protected class an that are not justified as being necessary to business.
Be able to recognize when adverse hiring decisions run afoul of the Civil Rights Act of 1964. Applies to employers having 15 or more employees and prohibits discrimination in hiring or promoting based on race, color, sex, religion, or national origin. Pregnant women are considered disabled.
A judicial lien against a partner's transferable interest. What do we call that? A charging order- can put a lien on one person partnership; interest not be partnership.
Be able to recognize a partnership when you see it in the fact situation. Spender-Partner. Sole Partnership: One has complete control. General Partnership: Two or more people.
Can an LLC have only one member? In Texas they can have one member of LLC. Tax like a partnership or 1 member sole proprietor can sign consent to do things.
What should a limited partner do if the Certificate of Formation which he signed is filled in the wrong office? The limited partners' limited liability may be jeopardized. Limited partners will NOT lose their limited liability protection if they promptly withdraw from the business and renounce their interest in profits.
What happens if an executive authorizes an employee to steal a trade secret from a competitor? The Economic Espionage Act of 1966 punishes theft of trade secrets, as well as attempts and conspiracies to steal secrets, with fines of up to $500k, imprisonment for up to 10 years, or both.
What are the requirements of a S corporation? A subchapter S Corp. meets specified requirements of Subchapter S of the Internal Revenue Code and is thereby taxed essentially as though it were a partnership it is taxed ONLY ONCE, at the individual shareholder level. They elect to pass income, losses..
What type of bond can pay out a higher interest rate if corporate earnings reach certain specified levels? Income Bond: Bases the interest payment on level of corp. earnings. An issuer will pay a higher interest rate for a long-term bond.
What rights can preferred shareholders have when corporate assets are distributed after dissolution? Liquidation Rights.
What type of stock has a right to share in excess earnings with the common stockholders after preferred payments? Preferred Stock.
Earnings have accumulated for several years and the directors have not declared dividends. Retained Earnings account may go to a debit balance. This is called a Deficit. If the net income is large enough, the Board of Directors may declare a dividend
T/F: How to keep a trade secret... secret. Intellectual Property. Compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers
T/F: Economic Espionage Act of 1996. law enacted to combat both foreign and domestic trade secret theft, criminalizing the theft of trade secrets and providing for penalties of up $10 million as well as imprisonment for up to 15 years
T/F: Copying copyrighted works for the classroom: Fair Use.
T/F: The federal law for using a lie detector test: You are never under any legal obligation to take a lie detector test in an investigation. You can refuse to.
T/F: Special accommodations under the American with Disabilities Act of 1990. Does not have to accept what they say. It has to be reasonable for them to leave...
Created by: abichavez1