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.
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