ETH321 FINAL EXAM
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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
·
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
·
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
·
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
·
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.
·
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.
·
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.
·
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
·
Which of the following
will be a valid defense in a strict products liability case?
·
consent.
·
comparative negligence.
·
assumption of risk
·
contributory negligence.
·
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.
·
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
·
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.
·
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
·
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.
·
The three stripes on
Adidas clothing represents a
·
trade dress.
·
trade secret.
·
patent.
·
trademark
·
Which of the following
is not a general category of torts?
·
criminal torts
·
strict liability.
·
intentional torts.
·
negligence.
·
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.
·
Which of these is not an
administrative agency function?
·
policymaking.
·
creating statutes.
·
licensing and
permitting.
·
investigation and
enforcement.
·
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.
·
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.
·
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.
·
A trademark can be any
of the following except a
·
phrase.
·
word.
·
formula.
·
symbol.
·
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
·
Which of the following
is rarely awarded in contracts cases?
·
Liquidated damages.
·
Compensatory damages.
·
Punitive damages.
·
consequential damages
·
Which of the following
is categorized as informal ADR?
·
Mediation
·
Med-arb
·
Arbitration
·
Negotiation
·
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
·
Assumption of risk is a
defense to
·
Battery.
·
Conversion.
·
Defamation.
·
Negligence
·
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
·
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
·
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
·
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
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