Civil enforcement powers regarding federal antitrust matters belong to _______.\t“\ufffd \ufffd \ufffd\tthe Treasury Department\t“\ufffd \ufffd \ufffd\tthe Department of Revenue and Taxation\t“\ufffd \ufffd \ufffd\tthe FTC and the Department of Justice\t“\ufffd \ufffd \ufffd\tthe Department of Labor\t\u00a0\tWhich of the following is true of tort law?\t“\ufffd \ufffd \ufffd\tIt protects people from being tried twice for the same crime.\t“\ufffd \ufffd \ufffd\tTort law typically deals with breach of contract.\t“\ufffd \ufffd \ufffd\tIt provides compensation to those workers who have been injured on the job.\t“\ufffd \ufffd \ufffd\tIt sets limits on how people can act and use their resources.\t\u00a0\t\u00a0\tFred 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?”\ufffd and when Fred said “Yes,”\ufffd the server merely asked “What may I get you tonight?”\ufffd Which of the following is true?\t“\ufffd \ufffd \ufffd\tFred must pay based on an implied-in-fact contract theory.\t“\ufffd \ufffd \ufffd\tFred must pay based on a promissory estoppel theory.\t“\ufffd \ufffd \ufffd\tFred must pay based on expressed contract theory.\t“\ufffd \ufffd \ufffd\tFred is correct because no contract was formed.\t\u00a0\tWhich of the following statements is true of the WARN Act?\t“\ufffd \ufffd \ufffd\tIt requires employers to give notice to an “at will”\ufffd employee that he\/she is being fired.\t“\ufffd \ufffd \ufffd\tIt requires employers to give notice to employees that they are being subjected to polygraph tests.\t“\ufffd \ufffd \ufffd\tIt requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.\t“\ufffd \ufffd \ufffd\tIt requires employers to give notice of a scheduled mass layoff.\t\u00a0\t_____________ jurisprudence supports the idea that law can and should change to meet new developments in society.\t“\ufffd \ufffd \ufffd\tSociological\t“\ufffd \ufffd \ufffd\tNatural\t“\ufffd \ufffd \ufffd\tHistorical\t“\ufffd \ufffd \ufffd\tPositive law\t\u00a0\tWhich of the following is true of the assumption of risks during delivery of goods?\t“\ufffd \ufffd \ufffd\tThe buyer is responsible for damages to goods when the seller is about to transfer for shipment.\t“\ufffd \ufffd \ufffd\tThe seller is liable for any damages incurred to the goods during shipment.\t“\ufffd \ufffd \ufffd\tThe buyer is liable for any damages incurred to the goods during shipment.\t“\ufffd \ufffd \ufffd\tThe seller is always responsible for shipping the goods to the buyer.\t\u00a0\tA 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 _______.\t“\ufffd \ufffd \ufffd\tinculpatory evidence\t“\ufffd \ufffd \ufffd\tcircumstantial evidence\t“\ufffd \ufffd \ufffd\tbona fide occupational qualifications\t“\ufffd \ufffd \ufffd\texclusionary rule\t\u00a0\tArticle 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on:\t“\ufffd \ufffd \ufffd private markets\t“\ufffd \ufffd \ufffd rule of law\t“\ufffd \ufffd \ufffd specific performance\t“\ufffdstare decisis\t\u00a0\tInterpreting Congressional intent, which of the following is never a bona fide occupational qualification (BFOQ)?\t“\ufffdRace\t“\ufffdNational origin\t“\ufffd \ufffd \ufffd\tSex\t“\ufffdReligion\t\u00a0\tEthical formalists maintain that:\t“\ufffd \ufffd \ufffd\tthe good of the many always supersedes the good of the few.\t“\ufffd \ufffd \ufffd\tharm to an individual is allowable as long as it serves a greater good.\t“\ufffd \ufffd \ufffd\tharm to individual rights is never justified by an increase in organizational or common good.\t“\ufffd \ufffd \ufffd\tvalues are situational and change based on circumstance.\t\u00a0\tThe classification of crime is based on ________.\t“\ufffd \ufffd \ufffd\tpunishment imposed if convicted\t“\ufffd \ufffd \ufffd\tprior record\t“\ufffd \ufffd \ufffd\tlocation\t“\ufffd \ufffd \ufffd the judge’s prerogative\t\u00a0\tWhich of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule-making and adjudicating authority?\t“\ufffd \ufffd \ufffd\tThe administrative process is overwhelmed with paperwork and meetings.\t“\ufffd \ufffd \ufffd\tEnforcement of some laws varies over time.\t“\ufffd \ufffd \ufffd\tThe reward system usually does not make a significant distinction between excellent, mediocre, and poor performance.\t“\ufffd \ufffd \ufffd\tIt is very difficult to discharge unsatisfactory employees.\t\u00a0\t\u00a0\tWhich of the following is true of the use of alternative dispute resolution (ADR) techniques?\t“\ufffd \ufffd \ufffd\tDisputing parties can agree to use an ADR technique after the dispute arises.\t“\ufffd \ufffd \ufffd\tADR techniques are ineffective once the pretrial process has begun.\t“\ufffd \ufffd \ufffd\tDisputing parties cannot use an ADR technique not specified in the original agreement.\t“\ufffd \ufffd \ufffd\tDisputing parties must begin a lawsuit to use any form of ADR.\t\u00a0\tThe crucial issue with the continuity factor of a business’s organizational form is _______.\t“\ufffd \ufffd \ufffd\tthe method by which the business can be dissolved\t“\ufffd \ufffd \ufffd\tprofit distribution\t“\ufffd \ufffd \ufffd\tthe method of customer service observed\t“\ufffd \ufffd \ufffd\tmanagement style\t\u00a0\tThe ___________ 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.\t“\ufffd \ufffd \ufffd\trules of per se legality\t“\ufffd \ufffd \ufffd\tParker v. Brown doctrine\t“\ufffd \ufffd \ufffd\tduty to deal doctrine\t“\ufffd \ufffd \ufffd\trule of reason\t\u00a0\tInterest-based negotiations are superior to position-based negotiations because:\t“\ufffd \ufffd \ufffd\tthe difference between the interests of the parties is often large.\t“\ufffd \ufffd \ufffd\tinterest-based negotiation requires the presence of a judge or magistrate.\t“\ufffd \ufffd \ufffd\tposition-based negotiation is often only concerned with preparing for litigation.\t“\ufffd \ufffd \ufffd\tinterest-based negotiations allow room for consideration of non-factual concerns, such as relationships and long-term interests.\t\u00a0\tThe determination that a crime has been committed and that evidence is sufficient to warrant the accused standing trial is known as:\t“\ufffd \ufffd \ufffd\tnolo contendere.\t“\ufffdindictment.\t“\ufffddouble jeopardy.\t“\ufffd \ufffd \ufffd probable cause.\t\u00a0\tWhich of the following is true under the regulations of interstate commerce?\t“\ufffd \ufffd \ufffd\tRegulation on any activity is appropriate if it aids interstate commerce.\t“\ufffd \ufffd \ufffd\tActivities affecting interstate commerce do not come under the power of the deferral government.\t“\ufffd \ufffd \ufffd\tIntrastate activities affecting interstate commerce can be regulated only by the state governments.\t“\ufffd \ufffd \ufffd\tThe states have the exclusive power to commerce that passes that passes across their lines.\t\u00a0\tFinishing the construction of a home two days after the contract called for completion (no injury occurs) most likely will be considered _______.\u00a0\t“\ufffd \ufffd \ufffd\tsignificant performance\t“\ufffd \ufffd \ufffd\tsubstantial performance\t“\ufffd \ufffd \ufffd\tbreach of contract\t“\ufffd \ufffd \ufffd\timplied performance\t\u00a0\tFrequent, abusive, threatening phone calls by creditors are most likely to provoke the basis for a claim of _____________.\t“\ufffd \ufffd \ufffd\tintentional infliction of emotional distress\t“\ufffd \ufffd \ufffd\tmalicious representation\t“\ufffd \ufffd \ufffd\tmisrepresentation\t“\ufffd \ufffd \ufffd\tfalse imprisonment and malicious prosecution\t\u00a0\tWhich of the following is true of a violation of trade secrets’ rights?\t“\ufffd \ufffd \ufffd\tOne must misappropriate another’s information.\t“\ufffd \ufffd \ufffd\tUnauthorized use of another’s information constitutes a violation of trade secrets’ rights.\t“\ufffd \ufffd \ufffd\tOne must use another’s information without permission.\t“\ufffd \ufffd \ufffd\tStealing another’s intellectual property violates trade secrets’ rights.\t\u00a0\tWhich of the following states that parties to a written contract may not introduce oral evidence to change written terms?\t“\ufffd \ufffd \ufffd\tThe parol evidence rule\t“\ufffd \ufffd \ufffd\tConcurrent conditions\t“\ufffd \ufffd \ufffd\tConditions subsequent\t“\ufffd \ufffd \ufffd\tThe statute of frauds\t\u00a0\tIn a(n) ___________, the shareholders are taxed only on income distributed.\t“\ufffd \ufffd \ufffd\tsole proprietorship\t“\ufffd \ufffd \ufffd\tcorporation\t“\ufffd \ufffd \ufffd\tlimited partnership\t. limited liability company\t\u00a0\t____________ is a court created rule that limits when courts can review administrative decisions.\t“\ufffd \ufffd \ufffd\tThe doctrine of estoppel\t“\ufffd \ufffd \ufffd\tThe doctrine of lapse\t“\ufffd \ufffd \ufffd\tThe doctrine of exhaustion of remedies\t“\ufffd \ufffd \ufffd\tThe doctrine of primary jurisdiction\t\u00a0\tAn employee at-will can be fired for which of the following?\t“\ufffd \ufffd \ufffd\tMaking public statements about the hazardous working conditions in a company.\t“\ufffd \ufffd \ufffd\tMaking public the fact that the employer was cheating the government on a defense contract.\t“\ufffd \ufffd \ufffd\tTaking time off from work to care for a dependent without informing the employer.\t“\ufffd \ufffd \ufffd\tTaking time off from work to serve on jury duty after the boss asked the employee to request a waiver.\t\u00a0\tThe ideas and philosophies that explain the origin of law and its justification are called:\t“\ufffd \ufffd \ufffd\tjurisprudence\t“\ufffd \ufffd \ufffd\tstare decisis\t“\ufffd \ufffd \ufffd\ttorts\t“\ufffd \ufffd \ufffd\trule of law\t\u00a0\tFederal law and business leaders alike favor ____________ as a means of governing private business ethics.\t“\ufffd \ufffd \ufffd\testablishment of federal regulators in all private companies to establish and enforce ethical standards\t“\ufffd \ufffd \ufffd\tself-regulation by companies\t“\ufffd \ufffd \ufffd\tgiving the federal government exclusive jurisdiction regarding ethics and ethics violation enforcement\t“\ufffdcreating uniform statutes of business ethics\t\u00a0\t\u00a0\tWhich 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?\t“\ufffd \ufffd \ufffd\tThe court will interpret the ambiguous and vague terms against the party that drafts them.\t“\ufffd \ufffd \ufffd\tThe court will declare the drafting party’s behavior as a tort due to intentional ambiguity of terms.\t“\ufffd \ufffd \ufffd\tThe court will interpret the terms as they mean in the common language.\t“\ufffd \ufffd \ufffd\tThe court will reject the non-drafting party’s attempt to reinterpret the terms after the contract has been signed.\t\u00a0\tMyra offers to sell her home to Hanna for “about $100,000 plus closing costs.”\ufffd\u00a0 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?\u00a0\t“\ufffd \ufffd \ufffd\tThe court will appoint a licensed real estate appraiser to determine the price to be paid by Hanna.\t“\ufffd \ufffd \ufffd\tThe court will require Hanna to pay the average of her price and Myra’s price.\t“\ufffd \ufffd \ufffd\tThe court will declare the purchase price and terms too indefinite to create a binding contract.\t“\ufffd \ufffd \ufffd\tThe court will determine a reasonable price to be paid by Hanna.\t\u00a0\tHillward 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?\t“\ufffd \ufffd \ufffd\tHillward can sue Hobart since the logo has been used by Hillward and is associated with it.\t“\ufffd \ufffd \ufffd\tHillward cannot sue Hobart because logos cannot be patented or trademarked.\t“\ufffd \ufffd \ufffd\tHillward cannot sue Hobart since the logo has not been registered as a trademark.\t“\ufffd \ufffd \ufffd\tHobart can defend that Hillward created something that lacks utility and cannot be trademarked.<\/p>\n","protected":false},"excerpt":{"rendered":"
Civil enforcement powers regarding federal antitrust matters belong to _______. “\ufffd \ufffd \ufffd the Treasury Department “\ufffd \ufffd \ufffd the Department of Revenue and Taxation “\ufffd \ufffd \ufffd the FTC and the Department of Justice “\ufffd \ufffd \ufffd the Department 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-216217","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/216217","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=216217"}],"version-history":[{"count":0,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/posts\/216217\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/media?parent=216217"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/categories?post=216217"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.benedictsol.com\/blogs\/wp-json\/wp\/v2\/tags?post=216217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}