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Which of the following is true about police powers? A. These powers have given the federal government expansive power to regulate business. B. The powers sometimes allow the state regulations to be arbitrary. C. The powers help protect the public’s […]

Answer: TRUE Answer: TRUE Answer: FALSE It is very important to note that standing to sue does not depend upon the merits of the plaintiff’s contention that particular conduct is illegal. The presence of standing is determined by the nature […]

Mobilink Telecom Inc. deals in the manufacture of mobile handsets. Broadcom deals in the manufacturing Bluetooth personal area network hardware systems and chips. The acquisition of Mobilink Telecom Inc. by Broadcom is an example of a _____. A. vertical merger. […]

Answer: TRUE Answer: TRUE Answer: TRUE Answer: TRUE Answer: TRUE Answer: FALSE The first part of the commerce clause grants the federal government power to regulate foreign commerce. The power to regulate foreign commerce is vested exclusively in the federal […]

The ultimate purpose of a contract is the creation of an agreement that courts will order parties to perform or to pay consequences for the failure of performance. When courts uphold the validity of such promises, the resulting agreement is […]

Answer: TRUE Answer: FALSE Use of a letter of credit in the transaction thus reduces the uncertainties involved. Answer: TRUE Answer: FALSE Property provides an ordering of relations between people. It acknowledges that each person has an exclusive sphere for […]

Oral defamation is called: A. gossip. B. slander. C. libel. D. hearsay. E. assault. Opinion research indicates that the public’s highest concern regarding regulation of industry is: A. expansion of industry into protected areas. B. control of toxic and hazardous […]

The _____ function of an administrative agency is accomplished by making reports to the president or the Congress. A. adjudicatory B. advisory C. rule making D. investigatory E. determinacy Section 5 of the _____ Act prohibits unfair or deceptive acts […]

Answer: FALSE Most courts have ruled that federal standards only set a minimum requirement for safe design and that meeting federal standards does not automatically keep a manufacturer from being sued for strict products liability. Answer: FALSE If a bonus […]

Answer: TRUE Answer: FALSE If something must take place in future, before a party has a duty to perform, it is a condition precedent. Answer: FALSE Some courts recognize the applicability in pollution cases of strict liability tort doctrine. No […]

Answer: FALSE In a deposition, the lawyer orally asks questions of the possible witness and an oral response is given. All the spoken words are recorded by a court reporter, and a written transcript is prepared. Answer: TRUE Answer: FALSE […]

Answer: TRUE Answer: FALSE The exclusive legal fence of property protects us in various ways, principally in the possession, use, and transfer of what we own. Yet we cannot use or transfer what we own without limits. We must respect […]

Answer: FALSE Diversity fosters concern over values, and in recent years American society has become more openly pluralistic. Several trends illustrate society’s concern over the possible fragmentation of ethical values at home, at school, and in business. Answer: FALSE Like […]

Answer: TRUE Answer: TRUE Answer: TRUE Answer: TRUE Answer: FALSE Complete Performance recognizes that a contracting party has fulfilled every duty required by the contract. Answer: TRUE Answer: TRUE Answer: FALSE Like advisory opinions, industry guides are informal and not […]

When a patent expires, the invention is said to be in the ________, and others may use it without limitation. A. business environment B. communal realm C. collective sphere D. public domain E. legal open space The right of an […]

Answer: FALSE For an acceptance to create a binding contract, standard contract law requires that the acceptance must “mirror” the offer, that is, must match it exactly. This is the mirror image rule. Answer: FALSE The Fair Credit Billing Act […]

Answer: TRUE Answer: TRUE Answer: FALSE The party who is dissatisfied with the jury’s verdict may file a posttrial motion with the judge seeking either a judgment notwithstanding the verdict, (state court) or motion for judgment as a matter of […]

Answer: FALSE The UCC changes the legal requirement of consideration in cases of firm offers, and of preexisting obligations. Refer to sidebar 8.7. Answer: TRUE Answer: TRUE Answer: FALSE Written defamation, or defamation published over radio or television, is termed […]

Answer: FALSE To protect police officers, courts have held that officers making an arrest do not need a search warrant to search that person and the immediate area around that person for weapons. Answer: FALSE When state law is inconsistent […]

Answer: FALSE The takings clause of the Fifth Amendment to the Constitution favors Bentham’s view that property serves the common good. It allows the government to take specific resources (usually but not always land) away from private owners for “public […]

Answer: TRUE Answer: TRUE Answer: TRUE Answer: TRUE Answer: TRUE Answer: FALSE The Federal Trade Commission (FTC) enforces the Clayton Act. Answer: FALSE There is no private cause of action under OSHA, which means that an employee cannot sue an […]

Which of the following is true in case a patent expires? A. It comes under the purview of the Supreme Court to restrict its use in public. B. It is in the public domain and others may use it without […]

All of the following are steps an employer can take to address allegations of discrimination without triggering a retaliation claim EXCEPT: A. treat complaints seriously as soon as they are made. B. be sure managers and other employees know and […]

Unauthorized use of a registered trademark is known as: A. false advertising. B. infringement. C. denigration. D. depreciation. E. copy violation. The Pregnancy Discrimination Act: A. covers only married pregnant women. B. provides for medical coverage in case of medical […]

Answer: TRUE Answer: FALSE Increasingly, the EPA is encouraging the states, through their implementation plans, to adopt an approach called the bubble concept. This approach permits flexibility in curtailing pollution and provides businesses with economic incentives to discover new methods […]

Answer: TRUE Answer: FALSE Employees entitled to receive the WARN notice include those who are hourly, salaried, supervisory, and managerial. In essence all workers, even part-time, are entitled to receive the notice. Answer: FALSE Formalists might say that secret monitoring […]

Who developed the theory of the categorical imperative? A. Socrates B. Plato C. John Rawls D. Immanuel Kant E. Charles Darwin Antonio and Fred were playing soccer when Fred accidently kicks Antonio’s shin instead of the football during a pass. […]

Answer: TRUE Answer: TRUE Answer: FALSE A petition for a writ of certiorari is a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court. Answer: TRUE Answer: TRUE […]

The deposited acceptance rule is also known as the _____ rule. A. mirror image B. mailbox C. unilateral D. bilateral E. negotiation Which of the following statements about a breach of contract is false? A. If a breach by one […]

Answer: FALSE Breaking into a building with the intent to commit a felony is burglary.[/cpmembership] Answer: FALSE As a general rule, the FLSA sets 14 years of age as the minimum age for employment, and limits the number of hours […]

After a valid election to certify a union has been conducted by the NLRB, another election is: A. permitted within six months regardless of whether the union wins the certification vote. B. permitted within six months regardless of whether the […]