1. Which of the following prevents a plaintiff from bringing a second lawsuit based on the same facts, parties, and legal issues already decided in a prior lawsuit?
A. Double jeopardy
C. Full faith and credit
D. Res judicata
2. Which of the following is an example of a breach of procedural due process?
A. A Social Security disability recipient is notified that his benefits will be discontinued, and is given a hearing date.
B. A criminal suspect is held without a chance for a bail hearing until his trial is completed.
C. A welfare recipient’s request for a court trial to protest a change in his benefits is denied.
D. A person is given a ticket for running a red light, with the choice of paying the fine or going to court.
3. An attorney is looking for a precedent that she can cite when filing a motion with the court.
To find the “botXXXXX XXXXXne” of what the outcome of the case was, where must the attorney look?
A. The holding
B. The findings of fact
C. The issues
D. The captionExamination 105
1. Bad Company filed a voluntary bankruptcy petition, and the statement of affairs reflected the following amounts:
Assume the assets are converted to cash at their estimated current values. What amount of cash will be available to pay unsecured non-priority claims?
2. The following information pertains to the transfer of real estate in regards XXXXX XXXXX troubled debt restructuring by Nen Co. to Baker Co. in full settlement of Nen’s liability to Baker:
What amount should Baker report as a gain or (loss) on restructuring?
$120,000 ordinary loss.
$120,000 extraordinary loss.
$150,000 ordinary loss.
$150,000 extraordinary loss.
A hot air balloon is filled to a volume of 44.5 L at 758 torr. What will be the volume of the balloon if the pressure decreases to 748 torr under constant temperature?
A pressure of 414 mm Hg is equal to
A pressure of 1030 torr is equal to
As the number of molecules in a gas sample increases, temperature and volume remaining constant, the pressure exerted by the gas
remains the same.
A 3.00 L sample of a gas at a pressure of 4.00 atm is compressed to 2.00 L at a constant temperature. What is the pressure of the gas?
A pressure of 414 mm Hg is equal to
1. Big Casino Company located on the Gulf of Mexico in Mississippi wants to advertise its “gaming packages” to Florida residents. The state of Florida passes a law prohibiting the advertising of gambling casinos in the state. Big Casino challenges the law as an infringement of its free speech rights. The likely result of such a legal challenge would be:
a. The Florida law will be upheld since gambling is regarded as a “vice’ that the state can protect its residents from.
b. The Florida law will be upheld since companies involved in the gambling industry do not possess free speech rights.
c.The Florida law will be upheld since the motive of Big Casino Company is to make money from Florida residents.
d. The Florida law will be struck down as an infringement of Big Casino’s commercial speech rights under the First Amendment.
2. Janet is hired as a driver for Speedy Delivery, Inc. as an employee at-will. Her boss tells her that she MUST speed on the roads to deliver packages in a timely manner just like all the other Speedy drivers do. Janet refuses since this is a dangerous, reckless, as well as illegal practice. Her boss fires her for not following orders. The boss also tells Janet that she cannot sue Speedy for wrongful discharge since she is only an employee at-will. Which of the following is the most accurate statement?
a. The boss is right as anyone can be fired for virtually anything if one is an employee at-will.
b. The boss is right since everyone speeds.
c. The boss is wrong if Janet is a lesbian.
d. The boss is wrong since being fired under these circumstances is likely a violation of the Public Policy doctrine.
3.Francis owns a small motel in Sugarloaf Key. She notices by means of public advertising that her competitors in Big Pine Key and Ramrod Key have extended by two weeks their “winter season” and thus their winter season higher rates. Francis also notices the “no vacancy” signs at her competitors’ motels. So, Francis decides to extend the winter season at her motel too. Francis has engaged:
a. Illegal horizontal price-fixing by means of an express agreement.
b. Illegal horizontal price-fixing by means of an implied agreement
c. Legal action by means of the doctrine of Conscious Parallelism
d. Legal action since anti-trust law does not apply to small motels, only large ones and hotels.
4. Big Oil Company requires that all employees when working on an oil rig in its Gulf of Mexico holdings must speak English to enhance communication, for safety reasons, and so rig foreman-woman can do their supervisory jobs. Big Oil Company has notified the employees of the policy, given them time to adapt, and will provide English language training to those employees whose English language skills are poor. Also, while the employee are on the rig but not working, that is, in the cafeteria, dormitory, and “break” rooms, they can speak any language they want, though the company has advised them to be inclusive of their fellow employees. Big Oil Company is likely acting how?
a. Illegally since language discrimination in the form of English-only policies is always a Title VII violation since people have the civil right to speak their primary language at all times and places.
b. Illegally since language discrimination is illegal discrimination in all cases under Title VII of the Civil Rights Act.
c. Legally since there was a legitimate reason for the policy and it was gradually adopted.
d. Legally but only if the primary non-English language spoken by the majority of the non-English-speaking employees which was prohibited was Spanish, whereas other “foreign” languages not as frequently heard were permitted.