Civil enforcement powers regarding federal antitrust matters
belong to _______.
•
the Treasury Department
•
the Department of Revenue and Taxation
•
the FTC and the Department of Justice
•
the Department of Labor
Which of the following is true of tort law?
•
It protects people from being tried twice for the same
crime.
•
Tort law typically deals with breach of contract.
•
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?
•
Fred must pay based on an implied-in-fact contract theory.
•
Fred must pay based on a promissory estoppel theory.
•
Fred must pay based on expressed contract theory.
•
Fred is correct because no contract was formed.
Which of the following statements is true of the WARN Act?
•
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.
•
It requires employers to give notice of a scheduled mass
layoff.
_____________ 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
•
bona fide occupational qualifications
•
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
Ethical formalists maintain that:
•
the good of the many always supersedes the good of the few.
•
harm to an individual is allowable as long as it serves a
greater good.
•
harm to individual rights is never justified by an increase
in organizational or common good.
•
values are situational and change based on circumstance.
The classification of crime is based on ________.
•
punishment imposed if convicted
•
prior record
•
location
•
the judge’s prerogative
Which of the following issues of administrative agencies
relates to the substantive outcome of agencies’ rule-making and adjudicating
authority?
•
The administrative process is overwhelmed with paperwork and
meetings.
•
Enforcement of some laws varies over time.
•
The reward system usually does not make a significant
distinction between excellent, mediocre, and poor performance.
•
It is very difficult to discharge unsatisfactory employees.
Which of the following is true of the use of alternative
dispute resolution (ADR) techniques?
•
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.
•
Disputing parties must begin a lawsuit to use any form of
ADR.
The crucial issue with the continuity factor of a business’s
organizational form is _______.
•
the method by which the business can be dissolved
•
profit distribution
•
the method of customer service observed
•
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.
•
rules of per se legality
•
Parker v. Brown doctrine
•
duty to deal doctrine
•
rule of reason
Interest-based negotiations are superior to position-based
negotiations because:
•
the difference between the interests of the parties is often
large.
•
interest-based negotiation requires the presence of a judge
or magistrate.
•
position-based negotiation is often only concerned with
preparing for litigation.
•
interest-based negotiations allow room for consideration of
non-factual concerns, such as relationships and long-term interests.
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.
Which of the following is true under the regulations of
interstate commerce?
•
Regulation on any activity is appropriate if it aids
interstate commerce.
•
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 _____________.
•
intentional infliction of emotional distress
•
malicious representation
•
misrepresentation
•
false imprisonment and malicious prosecution
Which of the following is true of a violation of trade
secrets’ rights?
•
One must misappropriate another’s information.
•
Unauthorized use of another’s information constitutes a
violation of trade secrets’ rights.
•
One must use another’s information without permission.
•
Stealing another’s intellectual property violates trade
secrets’ rights.
Which of the following states that parties to a written
contract may not introduce oral evidence to change written terms?
•
The parol evidence rule
•
Concurrent conditions
•
Conditions subsequent
•
The statute of frauds
In a(n) ___________, the shareholders are taxed only on
income distributed.
•
sole proprietorship
•
corporation
•
limited partnership
•
limited liability company
____________ is a court created rule that limits when courts
can review administrative decisions.
•
The doctrine of estoppel
•
The doctrine of lapse
•
The doctrine of exhaustion of remedies
•
The doctrine of primary jurisdiction
An employee at-will can be fired for which of the following?
•
Making public statements about the hazardous working
conditions in a company.
•
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
•
creating uniform statutes of business ethics
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 party’s 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 party’s 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
Myra’s 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 Myra’s price.
•
The court will declare the purchase price and terms too
indefinite to create a binding contract.
•
The court will determine a reasonable price to be paid by
Hanna.
Hillward Bakers has been using a blue HB logo with a baker’s
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 because logos cannot be patented
or trademarked.
•
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 contradicted by oral or written agreements made prior to the writing.
• oral
agreements may be used to change a final written contract if the final written
contract isn’t exactly conforming to the pre-contract agreements.
• 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 isn’t exactly conforming to the pre-contract agreements
2- LLPs were
created to
• Increase
the duration of the business entity permitted under LLC statutes.
• Provide
limited protections for general partners increasing protections offered by
LLCs.
• Ease the
costs and filing requirements present with LLCs.
• limit
taxation burdens existing in 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
•
operating an insider trading operation.
• guilty
of conspiracy to defraud.
•
racketeering.
•
operating a Ponzi scheme
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.
•
Dictators typically do not care if companies are engaging in illegal
activities.
• 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 or right of a court to hear a case.
• is the
power of a state or federal court to declare a statute unconstitutional.
• is the
power of an appellate court to reverse a decision made in a lower court.
• 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 contract was actually formed.
• 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.
7- What must
Congress do first to establish an administrative agency?
• obtain
judicial approval the creation.
• enact an
enabling statute.
• nothing,
it is an executive power.
• research
if a new agency is needed
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?
• the
narrow view a/k/a invisible hand theory.
• the
broad view a/k/a management’s hand theory.
• the
moderate view a/k/a government’s hand theory.
• the
hybrid view a/k/a citizen’s hand theory.
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
11- In which
of the following scenarios would enforcement of specific performance be
appropriate?
• 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 canceling the order the next day.
• you
order three gallons of white ceiling paint from a local store and they breach
by not delivering or making the three gallons available to you.
• you
order a current model name brand television from a department store and a few
days later they breach by not ordering it from the manufacturer.
12- Assuming a
business ethical dilemma, which statement best illustrates Gilligan approach
suggested in her theory of “The Ethics of Care”?
• applies
only to women and not men.
•
individual rights and justice for all.
•
obedience to independent moral rules or duties.
• care and
responsibility to others
13- With
regard to the court, adequacy of consideration means
• the
court doesn’t care about value as long as the mutual assent is valid.
• the
consideration exchanged must be reasonably close in value.
• the
consideration exchanged must be exactly equal in value.
• the
court will adjust the consideration if the value exchanged is unfair.
14- The three
stripes on Adidas clothing represents a
• trade
dress.
• trade
secret.
• patent.
•
trademark
15- Which of
the following is not a general category of torts?
• criminal
torts
• strict
liability.
•
intentional torts.
• negligence.
16- Which of
the following promises ordinarily need not be in writing to be enforceable?
• A lease
of a warehouse for 24 months.
• A $1,000
agreement with a personal trainer for 10 sessions.
• An
agreement to sell of a car for $1,500.
• Promises
made as a part of a prenuptial agreement.
17- Which of
these is not an administrative agency function?
•
policymaking.
• creating
statutes.
•
licensing and permitting.
•
investigation and enforcement.
18- Which of
the following does not occur in appellate court trials?
• oral
arguments by each side’s attorneys.
•
consideration of briefs prepared by each side’s attorneys outlining the law and
applicable precedent pertinent to the case.
•
presentation of testimony and new evidence.
• review
of lower court transcripts and rulings.
19- KAM Corp
has separate Codes of Ethics and Conduct. Each of the following would likely be
included in their Code of Ethics except
•
expectations of an individual’s community service.
•
avoidance of conflicts of interest.
•
expectations of privacy and dignity to be afforded others.
•
requirements of procedural due process and impartiality.
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
• changing
some figures on documents used to support filed financial statements.
• ordering
her secretary to lie if she is questioned.
• refusing
to answer questions invoking the Fifth Amendment.
• shredding
her personal calendar and appointment book.
21- A
trademark can be any of the following except a
• phrase.
• word.
• formula.
• symbol.
22- Which of
the following is not true of ADR proceedings?
• ADR
hearings usually arrive at a resolution at a much lower cost than does
litigation.
• the jury
decision in an ADR proceeding is automatically subject to one appeal.
• 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
23- Which of
the following is rarely awarded in contracts cases?
•
Liquidated damages.
•
Compensatory damages.
• Punitive
damages.
•
consequential damages
24- Which of
the following is categorized as informal ADR?
•
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.
• no
because it was a logical outgrowth of the original rule.
• no,
there was no need for publication of the original rule.
• no
because there is generally no legal obligation to provide an additional comment
period
26- Assumption
of risk is a defense to
• Battery.
•
Conversion.
•
Defamation.
•
Negligence
27- Black’s
Law Dictionary, as cited in the book defining the term law, includes each of
the following except
• Law has
a binding force.
• Law is a
body of rules.
• Law is
conduct prescribed by a controlling authority.
• Law
regulates personal ethics
28- Jurisprudence
is defined as:
• The
science and philosophy of law
• The
enactment of laws by a government body.
• The
duties and obligations owed by a citizen.
•
Adjudication of law suits
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?
• Limited
liability Company.
• general
partnership
• Sole
proprietorship.
•
corporation
30- The
moderate view of assessing corporate citizenship believes that
•
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.
• The
government should provide the exclusive view of corporate responsibility.
•
corporate officers and boards of directors should provide the exclusive view of
corporate responsibility
