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NEW VERSION
Civil enforcement powers regarding federal antitrust matters belong to _______.
It protects people from being tried twice for the same crime.
It provides compensation to those workers who have been injured on the job.
It sets limits on how people can act and use their resources.
Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not
mention prices. The server takes their order and both Betty and Fred enjoy the meal immensely.
When the bill comes, Fred refuses to pay because the menu had no prices and because he and the
server never engaged in language indicating and offer and acceptance. The server said, Are you
ready to order? and when Fred said Yes, the server merely asked What may I get you
tonight? Which of the following is true?
It requires employers to give notice to an at will employee that he/she is being fired.
It requires employers to give notice to employees that they are being subjected to polygraph
tests.
It requires employers to give notice to employees that an unscheduled drug test will be
conducted for all employees.
_____________ jurisprudence supports the idea that law can and should change to meet new
developments in society.
Sociological
Natural
Historical
Positive law
Which of the following is true of the assumption of risks during delivery of goods?
The buyer is responsible for damages to goods when the seller is about to transfer for shipment.
The seller is liable for any damages incurred to the goods during shipment.
The buyer is liable for any damages incurred to the goods during shipment.
The seller is always responsible for shipping the goods to the buyer.
A 911 emergency response service needs operators who are bilingual in English and Spanish. A few
applicants of Spanish origin are rejected due to poor English-speaking skills. They file a complaint
on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the
defense of the federal government is on the grounds of _______.
inculpatory evidence
circumstantial evidence
exclusionary rule
Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded
on:
private markets
rule of law
specific performance
stare decisis
Interpreting Congressional intent, which of the following is never a bona fide occupational
qualification (BFOQ)?
Race
National origin
Sex
Religion
the good of the many always supersedes the good of the few.
prior record
location
Which of the following issues of administrative agencies relates to the substantive outcome of
agencies rule-making and adjudicating authority?
The reward system usually does not make a significant distinction between excellent, mediocre,
and poor performance.
Disputing parties can agree to use an ADR technique after the dispute arises.
ADR techniques are ineffective once the pretrial process has begun.
Disputing parties cannot use an ADR technique not specified in the original agreement.
The crucial issue with the continuity factor of a businesss organizational form is _______.
profit distribution
management style
The ___________ holds that contracts or conspiracies in restraint are illegal only if they constitute
undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are
covered by the Sherman Act.
rule of reason
The determination that a crime has been committed and that evidence is sufficient to warrant the
accused standing trial is known as:
nolo contendere.
indictment.
double jeopardy.
probable cause.
Activities affecting interstate commerce do not come under the power of the deferral
government.
Intrastate activities affecting interstate commerce can be regulated only by the state governments.
The states have the exclusive power to commerce that passes that passes across their lines.
Finishing the construction of a home two days after the contract called for completion (no injury
occurs) most likely will be considered _______.
significant performance
substantial performance
breach of contract
implied performance
Frequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a
claim of _____________.
malicious representation
misrepresentation
Which of the following states that parties to a written contract may not introduce oral evidence to
change written terms?
Concurrent conditions
Conditions subsequent
sole proprietorship
corporation
limited partnership
Making public the fact that the employer was cheating the government on a defense contract.
Taking time off from work to care for a dependent without informing the employer.
Taking time off from work to serve on jury duty after the boss asked the employee to request a
waiver.
The ideas and philosophies that explain the origin of law and its justification are called:
jurisprudence
stare decisis
torts
rule of law
Federal law and business leaders alike favor ____________ as a means of governing private
business ethics.
establishment of federal regulators in all private companies to establish and enforce ethical
standards
self-regulation by companies
giving the federal government exclusive jurisdiction regarding ethics and ethics violation
enforcement
Which of the following is true in cases where only one party drafts the contracts that contain terms
that appear vague and ambiguous to the other party?
The court will interpret the ambiguous and vague terms against the party that drafts them.
The court will declare the drafting partys behavior as a tort due to intentional ambiguity of
terms.
The court will interpret the terms as they mean in the common language.
The court will reject the non-drafting partys attempt to reinterpret the terms after the contract
has been signed.
Myra offers to sell her home to Hanna for about $100,000 plus closing costs. Hanna accepts
Myras offer, but later a dispute arises concerning the precise dollar amount of the purchase price.
How will a court resolve this dispute?
The court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna.
The court will require Hanna to pay the average of her price and Myras price.
The court will declare the purchase price and terms too indefinite to create a binding contract.
Hillward Bakers has been using a blue HB logo with a bakers hat on the HB since their inception
ten years ago. Hobart Bakers, a newly opened bakery and confectionary chain, has used the same
logo. Hillward has not registered its logo, but it chooses to sue Hobart anyway. Which of the
following is true of this case?
Hillward can sue Hobart since the logo has been used by Hillward and is associated with it.
Hillward cannot sue Hobart since the logo has not been registered as a trademark.
Hobart can defend that Hillward created something that lacks utility and cannot be trademarked.
OLD VERSION
1- Applying the parole evidence rule
a written contract is the final expression of the party's agreement and may not be
oral agreements may be used to change a final written contract if the final written contract
written contracts with ambiguous terms are automatically void and cannot be corrected.
written agreements may be used to change a final written contract if the final written contract
Increase the duration of the business entity permitted under LLC statutes.
Provide limited protections for general partners increasing protections offered by LLCs.
3- Stan is an investment manager. He has received money from various investors with a
promise of very high returns on their investments. The invested money is not supplying
enough capital in order to pay the returns promised so he has started using new investor's
money to pay older investors. By advertising and by word of mouth, people are anxious to
invest with Stan because of the money being paid and with the influx of new investors he
is able to continue operating. Stan is
racketeering.
4- There are several reasons why whistle blowing may not be protected on an international
level. These include
Most business is not truly international and so there has been no push for globalization of
protection.
Many nations across the globe do not have the dishonesty problems that are found in
western nations.
Collective or collaborative cultures may frown on whistle blowing instead of working together
to fix a problem.
5- Judicial review
is the power of a federal court to declare a state or federal statute invalid if inconsistent with
the constitution.
6- In Lucy v. Zehmer, the two parties were drinking in a bar when Lucy offers to buy Zehmer's
farm. After some negotiation a written contract was executed. Zehmer claimed that the
whole episode was only a joke and he never intended to sell the farm. The court
determined that
since the contract was written without lawyers present, it was likely not really serious so no
since Zehmer claimed to be "high as a Georgia pine" and it was only the liquor talking, there
was no contract.
because negotiations and modifications to the written agreement lasted between 30-40
minutes, it appeared that both parties were serious so even if Zehmer had no objective intent to sell the
farm he is still bound by his actions and the contract was enforceable.
because the terms were fair, the parties are bound by the contract regardless of their intent
or capacity.
8- Which of the following will be a valid defense in a strict products liability case?
consent.
comparative negligence.
assumption of risk
contributory negligence.
9- Modern Corporation operates a steel mill. They have never contributed anything to the
local community and they knowingly pollute both the air and river that runs by their mill.
Their reasoning is that the cost to install pollution control devices would diminish their
profits and they don't support the community because they provide jobs and don't think
they owe anything else to the citizens in their area. Donating to the community would also
diminish profits. Which theory of corporate social responsibility are they exhibiting?
10- Where a promise can only be accepted by the performance of the person to whom it is
offered is an example of a/an
bilateral contract.
quasi contract.
implied contract.
unilateral contract
you own the pistol used by Hamilton and contract to buy the pistol used by Burr in the
Hamilton-Burr duel to complete your set, but despite the contract the Burr pistol owner refuses to sell at
the last minute.
your bookstore agrees to order a textbook for you but breaches their contract with you by
you order three gallons of white ceiling paint from a local store and they breach by not
you order a current model name brand television from a department store and a few days
12- Assuming a business ethical dilemma, which statement best illustrates Gilligan approach
suggested in her theory of The Ethics of Care?
the court doesn't care about value as long as the mutual assent is valid.
the court will adjust the consideration if the value exchanged is unfair.
trade dress.
trade secret.
patent.
trademark
criminal torts
strict liability.
intentional torts.
negligence.
16- Which of the following promises ordinarily need not be in writing to be enforceable?
policymaking.
creating statutes.
18- Which of the following does not occur in appellate court trials?
consideration of briefs prepared by each side's attorneys outlining the law and applicable
19- KAM Corp has separate Codes of Ethics and Conduct. Each of the following would likely
be included in their Code of Ethics except
20- Maria is the CFO of a company being investigated by the SEC for various alleged
violations. Each of the following would constitute an obstruction of justice except
phrase.
word.
formula.
symbol.
ADR hearings usually arrive at a resolution at a much lower cost than does litigation.
the party conducting the ADR hearing is chosen by the disputing parties themselves in
certain instances.
ADR hearings generally result in much less publicity than does litigation
Liquidated damages.
Compensatory damages.
Punitive damages.
consequential damages
Mediation
Med-arb
Arbitration
Negotiation
25- The FTC publishes a rule regulating TVs and Blu-Ray DVD players for public comment but
revises it to include traditional DVD players also. Should the FTC republish the revision?
no because the new rule is more limited than the original proposal.
Battery.
Conversion.
Defamation.
Negligence
27- Black's Law Dictionary, as cited in the book defining the term law, includes each of the
following except
29- Jonathan has graduated and wants to start a business. Which business entity gives him
the most complete and exclusive control over the business and any business decisions?
general partnership
Sole proprietorship.
corporation
Corporate employees below the senior executive level should provide the exclusive view of
corporate responsibility.
Community groups where the corporation is located should provide the exclusive view of
corporate responsibility.
corporate officers and boards of directors should provide the exclusive view of corporate
responsibility