1. Civil enforcement powers regarding federal antitrust matters belong to _______.<\/p>\n
\u200bthe Treasury Department<\/p>\n
\u200bthe Department of Revenue and Taxation<\/p>\n
\u200bthe FTC and the Department of Justice<\/p>\n
\u200bthe Department of Labor<\/p>\n
2. Which of the following is true of tort law?<\/p>\n
\u200bIt protects people from being tried twice for the same crime.<\/p>\n
\u200bTort law typically deals with breach of contract.<\/p>\n
\u200bIt provides compensation to those workers who have been injured on the job.<\/p>\n
\u200bIt sets limits on how people can act and use their resources.<\/p>\n
3. 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, \u201cAre you ready to order?\u201d and when Fred said \u201cYes,\u201d the server merely asked \u201cWhat may I get you tonight?\u201d Which of the following is true? <\/p>\n
\u200bFred must pay based on an implied-in-fact contract theory.<\/p>\n
\u200bFred must pay based on a promissory estoppel theory.<\/p>\n
\u200bFred must pay based on expressed contract theory.<\/p>\n
\u200bFred is correct because no contract was formed.<\/p>\n
4. Which of the following statements is true of the WARN Act?<\/p>\n
\u200bIt requires employers to give notice to an \u201cat will\u201d employee that he\/she is being fired.<\/p>\n
\u200bIt requires employers to give notice to employees that they are being subjected to polygraph tests.<\/p>\n
\u200bIt requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.<\/p>\n
\u200bIt requires employers to give notice of a scheduled mass layoff.<\/p>\n
5. _____________ jurisprudence supports the idea that law can and should change to meet new developments in society. <\/p>\n
\u200bSociological<\/p>\n
\u200bNatural<\/p>\n
\u200bHistorical<\/p>\n
\u200bPositive law<\/p>\n
6. \u200bWhich of the following is true of the assumption of risks during delivery of goods? <\/p>\n
\u200bThe buyer is responsible for damages to goods when the seller is about to transfer for shipment.<\/p>\n
\u200bThe seller is liable for any damages incurred to the goods during shipment.<\/p>\n
\u200bThe buyer is liable for any damages incurred to the goods during shipment.<\/p>\n
\u200bThe seller is always responsible for shipping the goods to the buyer.<\/p>\n
\u200b7. 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 _______. <\/p>\n
\u200binculpatory evidence<\/p>\n
\u200bcircumstantial evidence<\/p>\n
\u200bbona fide occupational qualifications<\/p>\n
\u200bexclusionary rule<\/p>\n
8. Article 6 of the Treaty on European Union called the Maastricht Treaty states the EU is founded on:<\/p>\n
\u200bprivate markets<\/p>\n
\u200brule of law<\/p>\n
\u200bspecific performance<\/p>\n
\u200bstare decisis<\/p>\n
9. Interpreting Congressional intent which of the following is never a bona fide occupational qualification (BFOQ)?<\/p>\n
\u200bRace<\/p>\n
\u200bNational origin<\/p>\n
\u200bSex<\/p>\n
\u200bReligion<\/p>\n
10. \u200bEthical formalists maintain that:<\/p>\n
\u200bthe good of the many always supersedes the good of the few.<\/p>\n
\u200bharm to an individual is allowable as long as it serves a greater good.<\/p>\n
\u200bharm to individual rights is never justified by an increase in organizational or common good.<\/p>\n
\u200bvalues are situational and change based on circumstance.<\/p>\n
11. The classification of crime is based on ________.<\/p>\n
\u200bpunishment imposed if convicted<\/p>\n
\u200bprior record<\/p>\n
\u200blocation<\/p>\n
\u200bthe judge\u2019s prerogative<\/p>\n
12. Which of the following issues of administrative agencies relates to the substantive outcome of agencies\u2019 rule-making and adjudicating authority? <\/p>\n
\u200bThe administrative process is overwhelmed with paperwork and meetings.<\/p>\n
\u200bEnforcement of some laws varies over time.<\/p>\n
\u200bThe reward system usually does not make a significant distinction between excellent, mediocre, and poor performance.<\/p>\n
\u200bIt is very difficult to discharge unsatisfactory employees.<\/p>\n
13. Which of the following is true of the use of alternative dispute resolution (ADR) techniques?<\/p>\n
\u200bDisputing parties can agree to use an ADR technique after the dispute arises.<\/p>\n
\u200bADR techniques are ineffective once the pretrial process has begun.<\/p>\n
\u200bDisputing parties cannot use an ADR technique not specified in the original agreement.<\/p>\n
\u200bDisputing parties must begin a lawsuit to use any form of ADR.<\/p>\n
\u200b14. The crucial issue with the continuity factor of a business\u2019s organizational form is _______.<\/p>\n
\u200bthe method by which the business can be dissolved<\/p>\n
\u200bprofit distribution<\/p>\n
\u200bthe method of customer service observed<\/p>\n
\u200bmanagement style<\/p>\n
15. 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. <\/p>\n
\u200brules of per se legality<\/p>\n
\u200bParker v. Brown doctrine<\/p>\n
\u200bduty to deal doctrine<\/p>\n
\u200brule of reason<\/p>\n
\u200b16. Interest-based negotiations are superior to position-based negotiations because:<\/p>\n
\u200bthe difference between the interests of the parties is often large.<\/p>\n
\u200binterest-based negotiation requires the presence of a judge or magistrate.<\/p>\n
\u200bposition-based negotiation is often only concerned with preparing for litigation.<\/p>\n
\u200binterest-based negotiations allow room for consideration of non-factual concerns, such as relationships and long-term interests.<\/p>\n
17. The determination that a crime has been committed and that evidence is sufficient to warrant the accused standing trial is known as:<\/p>\n
\u200bnolo contendere.<\/p>\n
\u200bindictment.<\/p>\n
\u200bdouble jeopardy.<\/p>\n
\u200bprobable cause.<\/p>\n
18. Which of the following is true under the regulations of interstate commerce?<\/p>\n
\u200bRegulation on any activity is appropriate if it aids interstate commerce.<\/p>\n
\u200bActivities affecting interstate commerce do not come under the power of the deferral government.<\/p>\n
\u200bIntrastate activities affecting interstate commerce can be regulated only by the state governments.<\/p>\n
\u200b19. The states have the exclusive power to commerce that passes that passes across their lines.<\/p>\n
\u200bFinishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _______. <\/p>\n
\u200bsignificant performance<\/p>\n
\u200bsubstantial performance<\/p>\n
\u200bbreach of contract<\/p>\n
\u200bimplied performance<\/p>\n
\u200b20. Frequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a claim of _____________.<\/p>\n
\u200bintentional infliction of emotional distress<\/p>\n
\u200bmalicious representation<\/p>\n
\u200bmisrepresentation<\/p>\n
\u200bfalse imprisonment and malicious prosecution<\/p>\n
21. Which of the following is true of a violation of trade secrets\u2019 rights?<\/p>\n
\u200bOne must misappropriate another\u2019s information.<\/p>\n
\u200bUnauthorized use of another\u2019s information constitutes a violation of trade secrets\u2019 rights.<\/p>\n
\u200bOne must use another\u2019s information without permission.<\/p>\n
\u200bStealing another\u2019s intellectual property violates trade secrets\u2019 rights. <\/p>\n
22. Which of the following states that parties to a written contract may not introduce oral evidence to change written terms? <\/p>\n
\u200bThe parol evidence rule<\/p>\n
\u200bConcurrent conditions<\/p>\n
\u200bConditions subsequent<\/p>\n
\u200bThe statute of frauds<\/p>\n
23. In a(n) ___________, the shareholders are taxed only on income distributed.<\/p>\n
\u200bsole proprietorship<\/p>\n
\u200bcorporation<\/p>\n
\u200blimited partnership<\/p>\n
\u200blimited liability company<\/p>\n
\u200b24. ____________ is a court created rule that limits when courts can review administrative decisions. <\/p>\n
\u200bThe doctrine of estoppel<\/p>\n
\u200bThe doctrine of lapse<\/p>\n
\u200bThe doctrine of exhaustion of remedies<\/p>\n
\u200bThe doctrine of primary jurisdiction<\/p>\n
\u200b25. An employee at-will can be fired for which of the following?<\/p>\n
\u200bMaking public statements about the hazardous working conditions in a company.<\/p>\n
\u200bMaking public the fact that the employer was cheating the government on a defense contract.<\/p>\n
\u200bTaking time off from work to care for a dependent without informing the employer.<\/p>\n
\u200bTaking time off from work to serve on jury duty after the boss asked the employee to request a waiver.<\/p>\n
26. The ideas and philosophies that explain the origin of law and its justification are called:<\/p>\n
\u200bjurisprudence<\/p>\n
\u200bstare decisis<\/p>\n
\u200btorts<\/p>\n
\u200brule of law<\/p>\n
\u200b27. Federal law and business leaders alike favor ____________ as a means of governing private business ethics.<\/p>\n
\u200bestablishment of federal regulators in all private companies to establish and enforce ethical standards<\/p>\n
\u200bself-regulation by companies<\/p>\n
\u200bgiving the federal government exclusive jurisdiction regarding ethics and ethics violation enforcement<\/p>\n
\u200bcreating uniform statutes of business ethics<\/p>\n
28. \u200bWhich 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? <\/p>\n
\u200bThe court will interpret the ambiguous and vague terms against the party that drafts them.<\/p>\n
\u200bThe court will declare the drafting party\u2019s behavior as a tort due to intentional ambiguity of terms.<\/p>\n
\u200bThe court will interpret the terms as they mean in the common language.<\/p>\n
\u200bThe court will reject the non-drafting party\u2019s attempt to reinterpret the terms after the contract has been signed.<\/p>\n
29. Myra offers to sell her home to Hanna for \u201cabout $100,000 plus closing costs.\u201d Hanna accepts Myra\u2019s offer, but later a dispute arises concerning the precise dollar amount of the purchase price. How will a court resolve this dispute? <\/p>\n
\u200bThe court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna.<\/p>\n
\u200bThe court will require Hanna to pay the average of her price and Myra\u2019s price.<\/p>\n
\u200bThe court will declare the purchase price and terms too indefinite to create a binding contract.<\/p>\n
\u200bThe court will determine a reasonable price to be paid by Hanna.<\/p>\n
30. \u200bHillward Bakers has been using a blue HB logo with a baker\u2019s 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? <\/p>\n
\u200bHillward can sue Hobart since the logo has been used by Hillward and is associated with it.<\/p>\n
\u200bHillward cannot sue Hobart because logos cannot be patented or trademarked.<\/p>\n
\u200bHillward cannot sue Hobart since the logo has not been registered as a trademark.<\/p>\n
\u200bHobart can defend that Hillward created something that lacks utility and cannot be trademarked.<\/p>\n","protected":false},"excerpt":{"rendered":"
1. Civil enforcement powers regarding federal antitrust matters belong to _______. \u200bthe Treasury Department \u200bthe Department of Revenue and Taxation \u200bthe FTC and the Department of Justice \u200bthe Department of Labor 2. Which of the following is true of tort Read More …<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-143274","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/143274","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/comments?post=143274"}],"version-history":[{"count":0,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/143274\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/media?parent=143274"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/categories?post=143274"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/tags?post=143274"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}