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Q:
Jack has an auto accident while on business for Small Enterprises, an RLLP consisting of Jack and Alex. Who is liable for damages resulting from the auto accident?
A. Small Enterprises only
B. Jack only
C. Jack and Alex only
D. Small, Jack, and Alex
Q:
General partners:
A. take an active part in the management of the firm.
B. have no liability for the firm's debts.
C. are nonparticipating investors.
D. they contribute cash, property but do not take part in the management of the firm.
Q:
Which of the following is true of limited partners?
A. They take an active part in the management of the firm.
B. Their nonpartnership property can be used to satisfy any debts owed by the partnership.
C. They are nonparticipating investors.
D. They have unlimited liability for the firm's debts.
Q:
The Revised Uniform Partnership Act has eliminated:
A. all management rights enjoyed by partners.
B. the concept of tenancy in partnership.
C. partnership entity status.
D. each partner's interest in the firm.
Q:
The Titanic Partnership's loan from Big Bank is structured so that payments on the loan are made out of profits and the amounts of the payments vary according to profitability. What conclusions may one draw from this arrangement?
A. This is evidence of a partnership between Titanic and Big Bank; additional evidence may overcome this assumption.
B. This is conclusive evidence of a partnership between Titanic and Big Bank.
C. This may be evidence of a partnership between Titanic and Big Bank.
D. This is not evidence of a partnership between Titanic and Big Bank.
Q:
Thomas invests $10,000 in the Thomas and Trudy partnership named Tremendous Enterprise. Thomas needs $2,000 for medical expenses and insists that he is entitled to withdraw that amount immediately from what he has invested. Trudy asserts that the $10,000 investment is partnership property. Who owns the $10,000?
A. Tremendous Enterprise.
B. Thomas only.
C. Thomas individually and Trudy individually.
D. The $10,000 is owned by no one, but is merely a future interest of Thomas.
Q:
Susan and Stanley are in a partnership called Easy Partnership. Susan purchases a truck with her personal funds with title to the truck naming Easy Partnership. Who owns the truck?
A. Susan
B. Susan and Stanley
C. Easy Partnership
D. Susan, Stanley, and Easy Partnership
Q:
Jackie is interested in the property of the Big Partnership, in which Jackie is a full partner. She wants to mortgage the property in order to avail of loans for the organization. All the partners do not agree with Jackie. What is Jackie's legal position with regard to the mortgage under UPA?
A. Her partners' non-agreement is legally irrelevant.
B. Jackie's interest in the partnership property cannot be assigned.
C. Jackie can mortgage her share of the organization's property.
D. UPA does not address this issue and a court will decide on a case by case basis.
Q:
Under the UPA, a tenancy in partnership has all the following characteristics except:
A. a partner has an equal right with all other partners to possess and use specific partnership property for partnership purposes but not for that partner's personal use.
B. partners' rights in partnership property are not subject to attachment for personal debts.
C. a deceased partner's interest in real property held by the partnership passes to the surviving partners.
D. a partner is not co-owner of partnership property and has no interest in partnership property which can be transferred, either voluntarily or involuntarily.
Q:
Which of the following is an advantage of a sole proprietorship?
A. The owner of a sole proprietorship has no liability.
B. The owner of a sole proprietorship has complete control over the business.
C. The sole proprietorship's existence does not depend entirely upon the sole proprietor.
D. Owners of sole proprietorships can raise a lot of cash quickly for expansion purposes.
Q:
Arian is a sole proprietor and owes a number of business creditors. The business creditors may:
A. only take Arian's business assets.
B. only take Arian's personal assets.
C. take both Arian's business and personal assets.
D. not take any assets but only the profits of the business.
Q:
Which of the following developed the Revised Uniform Partnership Act?
A. National Conference of Commissioners on Uniform State Laws
B. American Bar Association
C. NCCUSL and the American Bar Association
D. NLRB and NCCUSL
Q:
Under the RUPA:
A. partnerships have continuity of existence.
B. a partnership is considered an entity in all situations.
C. a partnership is no longer viewed as an aggregate in relation to liability.
D. partners have no liability for the obligations of the partnership.
Q:
Alan and Baker are disappointed in the profitability of their A and B Partnership. They want to join their partnership with the X and Y Partnership. Is it possible for a partnership to be a partner?
A. Yes.
B. No.
C. Yes, if the partners agree to personally guarantee the debts of the new partnership.
D. No, because a partner must be an entity.
Q:
Alan and Delen enter an agreement after the creation of a partnership. Subsequently, Delen loans Alan $1,000. The loan is:
A. incorporated into the partnership agreement.
B. a loan to the partnership rather than to Alan.
C. a loan to both the partnership and to Alan.
D. separate from the partnership agreement.
Q:
A partner can sue another partner directly or, under the entity theory, the partnership itself to enforce his or her partnership rights as expressed in the RUPA or granted by the partnership agreement.
Q:
Partnerships at will are liable to be dissolved when a partner dies or enters bankruptcy.
Q:
In a registered limited liability partnership each partner is liable and may be sued in a separate action or in a joint action.
Q:
Limited partnerships are governed by the Revised Uniform Limited Partnership Act (RULPA).
Q:
Limited partners receive a return on their investment while risking only that original investment.
Q:
Annuity payments or health benefit payments to a beneficiary would constitute a partnership.
Q:
A solitary profit-making business transaction by itself is enough to establish a partnership.
Q:
Capital contributions are sums that are contributed by the partners as temporary investments which the partners are entitled to have returned whenever they wish to.
Q:
If the property was obtained by a partner in his or her role as a partner, it is considered partnership property.
Q:
Under the RUPA, a tenancy in partnership includes the clause that partners' rights in specific partnership property are subject to allowances or rights to widows, heirs, or next of kin.
Q:
Louisiana is the only state that has not adopted the Uniform Partnership Act.
Q:
The UPA clearly states that a partnership should be considered an entity but with an existence separate from the partners.
Q:
RUPA considers a partnership to be an aggregate in relation to liability.
Q:
Jean and Bert enter into a written agreement to establish their partnership. Their written agreement is called the articles of partnership.
Q:
The RUPA requires that a partnership agreement be in writing.
Q:
In the case of a partnership, a "person" cannot be another partnership.
Q:
Jerrine has management powers in a business and therefore is a partner in the business.
Q:
Mia works as an assistant in a pharmacy. Her receipt of monthly wages makes her a partner in the pharmacy.
Q:
The NLRB makes a rule which it then investigates, holds hearings, and issues judgments. Big Co. believes this violates numerous basic U.S. Constitutional provisions including the separation of powers between branches of government. Big Co. wants to challenge the NLRB in court. Discuss the appeals procedure.
Q:
A sole proprietorship is the easiest business organization to form.
Q:
In a sole proprietorship, the owner may keep all the profits.
Q:
Big Union is on strike against ABC Construction Co. It asks the employees of XYZ Subcontractor Co. not to unload trucks delivering supplies to ABC Construction Co. building sites. Discuss if this action is lawful.
Q:
Perez owned the Lakehurst Milk Company. When he found out that his employees were going to form a union, Perez called a meeting to explain why he was opposed to unionizing Lakehurst. Foster, an employee at Lakehurst, said Perez could not call such a meeting. Was Foster correct? Why or why not?
Q:
Tom is an official of Large Co., a mining company. Tom is paid by Large Co. to be the company spy in union meetings and make reports about the inner workings of the union. Discuss the legal aspects of this situation.
Q:
Jo testifies before the NRLB about the unfair labor practices of Large Co. Large Co. transfers Jo from its plant in Cleveland, Ohio to its plant in Fairbanks, Alaska. Discuss the legal aspects of this situation.
Q:
Just unionized Medium Co. has named Erica as its chief negotiator with Large Union in obtaining a contract. Erica wonders what topics are mandatory subjects of collective bargaining. Discuss.
Q:
Priscilla, a production manager for the Orange Hope Company, told her supervisor that she was considering joining the company's union. Her supervisor, who did not belong to the union, told Priscilla that he would promote her if she did not join the union, which he described as corrupt. Were his actions legal? Explain.
Q:
Tom and Cindy are discussing what it means to have a "right-to-work law." Tom says that it means to have no discrimination in employment. Cindy says it means that everyone has a right to unemployment benefits until they find a job that fits their skills and experience. Discuss the accuracy of these comments.
Q:
Big Union tells nonunion employees that unless they join the union, Big will make sure that they do not work. Big Union in fact tells Small Co. that it could avoid "a lot of problems" if it just refused to promote or grant wage increases to nonunion workers. Discuss this situation.
Q:
Bellard Co. tells its employees that voting for the union is a mistake. This statement is:
A. protected by the Taft-Hartley Act.
B. prohibited by labor law.
C. only allowed in right-to-work states.
D. protected by the Landrum-Griffin Act.
Q:
Jane believes that the Large Union leaders are using union funds illegally, so she speaks out against the leaders. Large Union expels Jane. Which of the following statements is true?
A. Large Union may determine its membership.
B. Large Union has engaged in unfair labor practice.
C. Large Union has to contact the NLRB before expelling Jane.
D. Jane has to contact the NLRB before speaking out.
Q:
In a national emergency strike, a petition is addressed to the:
A. U.S. Supreme Court.
B. federal Court of Appeals.
C. federal district court.
D. state supreme court.
Q:
A union must register its bylaw with the:
A. NLRB.
B. Department of Commerce.
C. federal district court.
D. secretary of labor.
Q:
An unfair labor practice filed with the NLRB first goes to:
A. arbitration.
B. a hearing.
C. federal district court.
D. mediation.
Q:
The Federal Mediation and Conciliation Service plays:
A. an arbitration role in judging whether a charge of an unfair labor practice has merit.
B. an arbitration role in trying to resolve a dispute between labor and management before the date of the hearing that will be held on the alleged charges.
C. a mediation role in which it offers nonbinding suggestions for settling disputes between labor and management.
D. a mediation role in which it settles disputes between labor and management by forcing the parties to compromise.
Q:
Xavier owned and operated the Xavier Paper Products Corporation. Xavier discovered that one of his employees planned to hold a meeting in order to discuss the possibility of forming a union. Xavier placed a notice on the bulletin board in each store warning employees that any employee who joined a union would be subject to immediate dismissal. Did such a notice violate federal law? Explain.
Q:
This action is a conspiracy in which a union places pressure on a neutral customer with whom the union has no dispute to cause the neutral entity to cease doing business with the employer with whom the union has a dispute.
A. Constructive discharge
B. Featherbedding
C. Secondary boycott
D. Arbitration
Q:
Joe, an outspoken union advocate working in the shipping department at Frontline Co. for the past 10 years, is transferred to clean out the oil pit. Joe is also paid less for this job. Joe has several allergic reactions to the oil and quits the company due to health reasons. Frontline Co. has:
A. exercised lawful management rights.
B. made a discriminatory decision in violation of the Civil Rights Act.
C. established a closed shop.
D. engaged in constructive discharge.
Q:
A workplace in which nonunion members may be employed for a trial period of not more than 30 days after which the nonunion workers must join the union or be discharged is a(n):
A. open shop.
B. agency shop.
C. closed shop.
D. union shop.
Q:
AML Union tells Standard Co. during contract negotiations that "unfortunate events may occur" if Standard does not agree to most of the union contract proposals. The next day, two Standard Co. trucks burn. AML Union has:
A. not bargained in good faith.
B. made a statement of opinion.
C. exercised its First Amendment rights.
D. engaged in destructive bargaining.
Q:
"It is possible, even easy, for the state governments in Wisconsin, Ohio, and Michigan to alter and/or eliminate the collective bargaining rights of firefighters, police officers, and teachers". Why?
A. These states have voted to keep the Wagner Act out of their states.
B. The Wagner Act does not apply to state government or local government employees.
C. The rulings of the agencies constituted under the Wagner Act are not legally binding.
D. The Wagner Act is applicable only to private organizations.
Q:
Large Union negotiates a wage increase for members of a bargaining unit. This wage increase is:
A. only for union members.
B. only for workers whose names are listed in the contract.
C. for all workers who join the union.
D. for all workers in the bargaining unit.
Q:
The Wagner Act accomplished all of the following except:
A. authorize the NLRB to hold hearings on unfair labor practice petitions.
B. outlaw certain practices by employers as unfair labor practices.
C. allow states to legislate right-to-work laws.
D. authorize the NLRB to conduct representative elections.
Q:
The major provision of this act is that it exempted union activity from the antitrust laws.
A. Norris-LaGuardia Act
B. Railway Labor Act
C. Clayton Act
D. Wagner Act
Q:
The Landrum-Griffin Act:
A. established a bill of rights for union members.
B. allowed states to legislate right-to-work laws.
C. created the National Labor Relations Board.
D. outlawed yellow-dog contracts.
Q:
Citral Co. orders its employees not to join the labor union. It makes it clear that any employee joining the union would merit a demotion and a drastic cut in the pay package.
A. Citral Co has simply exercised its right to freedom of speech.
B. Citral Co is trying to protect its business interest by legal means.
C. Citral Co has breached the law by passing these orders.
D. Citral Co is legally in the clear as these instructions do not cause any physical harm to anybody.
Q:
Avalon Co., by agreement, hires only union members in good standing. Avalon Co.:
A. has created a union shop.
B. has created a closed shop.
C. has formed a company-run union.
D. has created an agency shop.
Q:
Hamyes Chemical Works dumps tons of toxic materials into the river which is the main source of water for the city. George, an employee, reports this to the city council and agrees to give a testimony when required to do so. George is immediately discharged from the job. Haymes Chemical Works:
A. has rightly discharged George as his act amounted to breach of trust.
B. would be liable for legal action under the Wagner Act.
C. could be charged with coercion and harassment under the Taft-Hartley Act.
D. is protected under the First Amendment.
Q:
The NLRB does not have the authority to conduct investigations into unfair labor practice charges.
Q:
Strikes by public employees who perform vital services are generally illegal, unless specifically authorized by statute.
Q:
The Federal Mediation and Conciliation Service cannot act by itself but only upon the request of either side to a labor dispute.
Q:
In terms of federal laws governing labor-management relations, which of the following statements is incorrect?
A. Picketing and boycotting are subject to federal court injunctions, under the Norris-LaGuardia Act.
B. The Wagner Act created the National Labor Relation Board.
C. The Labor-Management Relations Act of 1947 is also known as the Wagner Act.
D. It is an unfair labor practice for a labor union to try to coerce employees to join the union, under the Taft-Hartley Act.
Q:
Mina does not like the way the Adams Co. Production Union, which represents employees at her Adams Co. plant, is representing her interests and wants to privately negotiate her own contract with Adams Co. Which of the following statements is most likely true?
A. Mina has the right to negotiate her own terms of employment.
B. Production Union represents Mina; hence she cannot negotiate her own contract.
C. Production Union only represents the workers who want to be represented.
D. Mina must have NLRB approval to negotiate her own contract.
Q:
A hot-cargo contract allowed the union to handle stolen property that had been recovered by the police and sold at a police auction.
Q:
An employer is barred from playing any role in the selection of union representatives.
Q:
Brigg Co. asked its employees to refrain from joining the Moderate Union. It promised an out-of-turn promotion for all employees who would refrain from joining the union. Big Co. has committed no legal offence by this act?
Q:
The National Labor Relations Board has no jurisdiction over religious schools.
Q:
Some states have bestowed employees with the right to opt out of unions if they so desired.
Q:
The Taft-Hartley Act provides that union shop contracts are legal only in states that do not forbid them.
Q:
A right-to-work law outlaws both the closed shop and the union shop.
Q:
Under other provisions of the Taft-Hartley Act, unions are not legally obligated to give notice to the employer of an intention to strike prior to the termination date of a collective bargaining contract.
Q:
The Norris-LaGuardia Act allows courts to use injunctions to stop picketing organized by unions.
Q:
One of the objectives of labor unions is sponsoring laws that improve political conditions for workers.
Q:
The Wagner Act allowed an individual employee in a unionized business to negotiate his/her own employment contract.
Q:
The Norris-LaGuardia Act outlawed yellow-dog contracts.