BLAW 20275

subject Type Homework Help
subject Pages 9
subject Words 1204
subject Authors Marianne M. Jennings

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page-pf1
Sanctions that can be imposed by agencies include:
a. injunctions.
b. fines.
c. loss of license.
d. all of the above
Which of the following is not an ethical breach?
a. taking things that do not belong to you
b. giving or allowing false impressions
c.perpetrating interpersonal abuse
d.All of the above are ethical breaches.
Resale price maintenance is:
a. a per se violation.
b. an attempt by a retailer to control prices.
c.regulated by the Clayton Act.
page-pf2
d.all of the above
The Justice Department does not offer any assistance to companies with questions about
Foreign Corrupt Practices
Act requirements.
a. True.
b. False
When is a motion for a judgment NOV granted?
a. after the plaintiff has presented its case
b. when the weight of the evidence is contrary to the jury's verdict
c.when the pleadings of the plaintiff are insufficient to state a cause of action
d.none of the above
page-pf3
Enron employees had much of their retirement plan invested in Enron stock. One of the
company's former employees has said, "There was something wrong with the way this
whole thing was handled.There must be some federal law that gives us protection."
Which federal statute covers such retirement plans?
a. Social Security Act
b. ERISA
c.OSHA
d.Taft-Hartley
e. none of the above
So long as a court has subject matter jurisdiction, there is no need for
inpersonamjurisdiction.
a. True
b. False
page-pf4
The withdrawal of rulemaking without substantial evidence can be challenged as
arbitrary and capricious action on the part of an agency.
a. True
b. False
Aaron Smith, a junior at Yale, was a counselor at Camp Winipesaukee for the summer
of 2007. Several of the children, ages 8-12 reported to their parents that they had been
physically assaulted by Aaron while they were at camp. The children had signs of
bruising and other injuries. The parents brought suit against Camp W, the corporation
that operated the camp for their children's injuries. Camp W says that it is not liable
because (a) it had no knowledge of the assaults; (b) Aaron had not injured anyone in the
past; and (c) what Aaron did was not within his scope of employment as a camp
counselor. Discuss the liability and defense issues in the case.
page-pf5
Exclusive distributorships are:
a. covered under the Robinson-Patman Act.
b. illegal per se.
c.questioned when there is no interbrand competition.
d.all of the above
A prima face case:
a. is one that has met the elements of proof.
b. is one that is dismissed following a motion for a directed verdict.
c.is a term that applies in criminal law only.
d.both a and c
Corporate political speech:
a. enjoys full First Amendment protection.
b. can be regulated.
page-pf6
c. can be prohibited.
d. none of the above
Which of the following is covered under the FCPA's prohibitions?
a. obtaining business
b. retaining business
c. directing business
d. all of the above
When a customer tells a pet store employee that she wants two female gerbils, but
receives one male and one female gerbil who later have baby gerbils, the pet store has
breached the implied warranty of fitness for a particular purpose.
a. True
b. False
page-pf7
In which of the following areas of constitutional law is the nexus test used?
a. state police powers
b. state regulation of commerce
c. state taxation of commerce
d. All of the above areas use the nexus test.
The Doctrine confirms the independence of sovereign nations anf their courts.
a. International Sovereignty
b. Act-of-Sovereign
c. Act-of-State
d. Act-of-Solidarity
page-pf8
Which of the following is not an example of an enabling act?
a. Government in the Sunshine Act
b. Securities Exchange Act of 1934
c. Federal Trade Commission Act
d. Occupational Safety and Health Act
A public comment period must be a minimum of 30 days.
a. True
b. False
The TILA provisions do not apply to commercial loans.
a. True
b. False
page-pf9
Employees are not required to give consent to employer access to their e-mails under
the Stored Communications
Act.
a. True
b. False
Registration integration can produce a cumulative violation of several small offerings.
a. True
b. False
Once a court decision is issued, it cannot be reversed without legislative action.
a. True
b. False
page-pfa
A real estate agent who represents both buyer and seller in a transaction without
disclosure to both has breached the duty of loyalty.
a. True
b. False
What is the maximum penalty a corporation can receive for a violation of the Sherman
Act?
a. $350,000
b. three years' imprisonment
c.$10 million
d.both a and b
page-pfb
The rules of the AAA require the parties to be represented by an attorney.
a. True
b. False
The enlightened self-interest school manager serves only the shareholder.
a. True
b. False
Junk science can be excluded from evidence at trial.
a. True
b. False
page-pfc
An agent for which of these would have authority to act?
a. An unincorporated company
b. A minor
c.An incompetent person
d.None of these
For income tax purposes, a partnership:
a. files a return and pays taxes.
b. is an entity.
c.has no taxes.
d.none of the above
An admissions program can consider race as a factor in admissions:
a. if there are separate admissions tracks for minorities.
b. so long as it is given greater weight.
page-pfd
c.if it is one of many factors.
d.both a and b

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