Which of the following statements is true regarding regulatory negotiation?
A.It is generally carried out after the case has been filed with the court.
B.It involves assembling ordinary citizens and then asking them to act like a jury.
C.It is used by administrative agencies wishing to avoid protracted litigation with
interested groups.
D.Lawyers for both sides assemble a panel of a neutral advisors and high-ranking
business executives with settlement authority from each business.
The Trademark Act of 1946 is commonly referred to as the _____.
A.McKinney-Vento Act
B.Lanham Act
C.Consumer Credit Protection Act
D.Omnibus Appropriations Act
Which of the following statements is true regarding a surety?
A.The creditor must first try to collect from the debtor before the surety becomes
obligated on the debt.
B.A surety usually does not become a part of the original agreement between the debtor
and the creditor.
C.A surety is obligated to pay the debt as soon as it becomes due.
D.A surety usually enters into a separate contract with the surety who binds him to the
first contract between the debtor and the creditor.
Which of the following statements is true regarding a stolen property?
A.One who steals personal property acquires title to the property.
B.One who steals personal property can convey title to a buyer by selling the property
to the buyer.
C.The true owner retains the right to the goods, even though he or she is not in
possession of them.
D.A person who purchases a stolen property can acquire the title of the stolen property
if can prove that at the time of purchasing the property, he did not know that the
property was stolen.
Which of the following is true regarding the Clean Water Act (CWA)?
A.It authorizes water quality standards for surface waters.
B.It protects the quality of drinking water and its sources.
C.Under the CWA, it is unlawful to discharge any pollutant from a nonpoint source into
navigable waters.
D.Under the CWA, the Council on Environmental Quality implements sets the
wastewater standards for the industries.
Judicial reasoning that is unnecessary to a decision, called _____ has no binding effect
on later courts.
A.obiter dictum
B.onus probandi
C.stare decisis
D.writs of certiorari
According to this theory of jurisprudence, if the reality is that most people smoke
marijuana, then it should be legalized, rather than deeming it illegal because it is
viewed by some as immoral. Identify the theory of jurisprudence in discussion.
A.Natural law
B.Legal realism
C.Sociological theory
D.Legal positivism
Which of the following statements is definitely true regarding a tombstone ad?
A.It is an offer for the sale.
B.It can be published only after the registration becomes effective.
C.It is just an announcement of the upcoming sale.
D.It is a part of the registration statement that needs to be filed with the SEC.
A(n) _____ is one who acts primarily for the benefit of another.
A.principal
B.fiduciary
C.independent contractor
D.dealer
Monopolistic behavior includes:
A.acquisition of competitors.
B.charging unreasonably high cost for products.
C.forming sports franchises.
D.making tying arrangements.
Price discrimination is an antitrust violation under the _____.
A.Federal Trade Commission Act
B.Robinson-Patman Act
C.Sherman Act
D.Clayton Act
Which of the following statements is true regarding debt securities?
A.They are represented by stocks.
B.They are also known as shares.
C.They are negotiable instrument.
D.They represent buying ownership in a company.
Exclusive dealing agreements, pursuant to which the buyer undertakes to purchase all
its requirements for the product from the seller, are governed by the _____.
A.Robinson-Patman Act
B.Clayton Act
C.Federal Trade Commission Act
D.Sherman Antitrust Act
The Copyright Office lies within the _____ and is an arm of the legislative branch.
A.Federal Citizen Information Center
B.Federal Election Commission
C.International Trade Commission
D.Library of Congress
Acid rain refers to a mixture of wet and dry deposited material from the atmosphere that
contains higher than normal amounts of:
A.carbon dioxide and nitrogen oxides.
B.sulphur dioxide and carbon monoxide.
C.carbon monoxide and nitrogen dioxide.
D.sulphur dioxide and nitrogen oxides.
Which of the following concepts is true regarding disparate impact?
A.In a disparate impact case, intent to discriminate must be shown directly.
B.Disparate impact is a group concept of discrimination rather than an individual one.
C.In a disparate impact case, intent to discriminate must be shown.
D.In disparate impact, the employee alleges that he or she was treated differently from
other similarly situated employees regarding some aspect of employment.
Three siblings own their property as joint tenants. When one of them dies, his interest
cannot be willed away to someone else. Instead, the two remaining siblings will now
own title to half of the property instead of one-third each. The decedent cannot pass his
interest by will to anyone other than the other joint tenants. This is most likely to be an
example of _____.
A.sole ownership
B.joint tenants with right of survivorship
C.tenants by the entirety
D.tenants in common
The _____ was passed in 1997 and it makes it a crime to engage in copyright
infringement even when there is no commercial motive.
A.Digital Millennium Copyright Act
B.No Electronic Theft Act
C.Regulatory Flexibility Act
D.Electronic Communications Privacy Act
Dumping occurs when:
A.a country imposes nontariff barriers on the imports of certain products with the help
of product specific quotas.
B.a product is sold for less money in the countries into which it is imported than it is
sold for in the home country.
C.a country charges different tariffs to different countries.
D.a product is not sold into the home country but is exported to other countries.
The single most important piece of legislation that impacts the workplace in the area of
discrimination is the ___.
A.Clayton Antitrust Act of 1982
B.Civil Rights Act of 1964
C.Reed-Jenkins Act of 1928
D.Homeland Security Act of 2002
Which of the following statements is true about the bargaining power of employees?
A.State government employees have the power to strike but not bargain.
B.Only private sector employees have the power to bargain.
C.Only federal government employees have bargaining power.
D.Both private and government employees have bargaining power.
The Labor Management Reporting and Disclosure Act is also known as the:
A.Taft-Hartley Act.
B.Norris-LaGuardia Act.
C.Wagner Act.
D.Landrum-Griffin Act.
Which of the following statements is true regarding the life estate interest?
A.The transfer of property taking place as per the life estate interest is known as
adverse possession.
B.The holder of a life estate can will the property to someone else.
C.The holder of a life estate owns the property forever.
D.The holder of a life estate only owns the land during the measuring life.
Jim Crow laws are related to discrimination based on ___.
A.religion
B.gender
C.affinity orientation
D.race and color
A case will be called case of first impression if it:
A.rests on future contingent events.
B.represents a hypothetical issue.
C.has no precedent in the jurisdiction.
D.involves diversity of citizenship.
The _____ Rule provides that if there is a valid, written, integrated contract between the
parties, then evidence of prior or contemporaneous agreements will not be permitted to
vary or alter its terms.
A.Parol Evidence
B.Mailbox
C.Deposited Acceptance
D.Main Purpose
An agreement among competitors to divide markets by territory:
A.is analyzed under the rule of reason approach.
B.does not require a proof of agreement to be declared anticompetitive.
C.has a greater effect than even price fixing.
D.is not regarded by courts as being inherently unreasonable.
With reference to assignment, the one to whom rights are assigned is a(n) _____.
A.obligee
B.assignee
C.delegator
D.obligor
Which of the following countries is the world’s largest trading nation?
A.France
B.Germany
C.China
D.United States
Which of the following best represents the center of management authority for the
corporation?
A.Employees
B.Shareholders
C.Board of directors
D.Officers
In this alternative method of dispute resolution lawyers for both sides assemble a panel
of a neutral advisors and high-ranking business executives with settlement authority
from each business. Generally the parties look at the problem as one of a business
nature rather than a legal nature and then go into settlement negotiations afterwards.
Identify the dispute resolution method in the discussion.
A.Mock trials
B.Minitrials
C.Regulatory Negotiation
D.Summary jury trial
Which of the following statements is true regarding Rule 10b-5?
A.Any suit alleging a Rule 10b-5 violation arises in state court.
B.It is not applicable to those corporations whose shares are traded on the stock market.
C.It is not applicable to privately held corporations.
D.Rule 10b-5 requires intent to deceive.
What is a bailment? Explain with an example.
Discuss with an example a third party contract where the principal is undisclosed.
Discuss the Foreign Corrupt Practices Act.
What is embezzlement?
What is a preemptory strike?
Discuss the Sixth Amendment.
When can the requirements of the National Environmental Policy Act be invoked?
State the main goals of the new Chinese antimonopoly law.
Under what circumstances are affirmative action plans implemented?
What are the various requirements that must be fulfilled by an affirmative action plan?
Discuss the due process of law.
Discuss with an example, natural law.
Discuss the use of precedent by the courts.
What is the most significant difference between public and private collective
bargaining?
Discuss substantive and procedural law.