Nuisance is a common law anti-pollution doctrine.
a. True
b. False
Partners’ personal assets can be reached by partnership creditors.
a. True
b. False
Close corporations have less formality in their operational requirements.
a. True
b. False
Under Sarbanes-Oxley, how often must the audit partner in charge of an audit client be
rotated?
a. every year
b. every two years
c.every five years
d.There is no rotation requirement.
The scholars of jurisprudence generally agree on the theory of law.
a. True
b. False
Homer, Inc.is the western regional distributor for Plato Ice Cream. Homer charges
grocers in California $3.00 per half gallon but charges Utah grocers only $2.00 per half
gallon. Homer says the Utah ice cream market is much more competitive and he has to
meet the market. Utah competitors charge between $2.50 and $2.75 per half gallon.
Homer:
a. has engaged in price discrimination.
b. is simply meeting the competition.
c.is exempt from Robinson-Patman because of interstate sales.
d.none of the above
Meeting the competition is a defense to price discrimination.
a. True
b. False
The Digital Millennium Copyright Act imposes liability for the creation of programs
that circumvent encoded copyrighted materials.
a. True
b. False
Diversity of citizenship and a claim of $75,000 or more and a federal question are
required for a federal district court to take jurisdiction on a case.
a. True
b. False
Partners are mutual principals and agents.
a. True
b. False
Jane Linden is negotiating with James Paul to buy his 1987 Toyota MR5. The following
excerpts from letters have occurred so far:
Jane: “I would be interested in purchasing your MR5.” James: “I am thinking of selling
my MR5.”
Jane: “I am considering selling my diamond tennis bracelet to buy your MR5.” Which
of the following statements is true?
a. James and Jane have a contract to sell the MR5.
b. James and Jane do not have a contract to sell the MR5.
Which of the following courts is not a court of original jurisdiction?
a. U.S. Supreme Court
b. City court
c.Federal courts of appeals
d.Probate court
e. All of the above courts have some form of original jurisdiction.
Which of the following is not required for the certificate of limited partnership (under
RULPA)?
a. names of the limited partners
b. capital contributions of the partners
c.the profit-sharing arrangement
d.None of the above are required.
Stan James carelessly left his wallet in the restroom of a gas station while on a business
trip. He did not realize his wallet was gone until eight hours later when he went to
check into his hotel. Stan called the credit card companies immediately, only to learn
that the thief had charged $2000 on his American Express card, $450 on his
MasterCard, and $75 on his gas credit card.Stan James’ maximum liability on the cards
is:
a. $0.
b. $50 per card.
c.$50.
d.none of the above
In international business:
a. there are no ethical rules.
b. corruption facilitates commerce.
c.trust and honesty are required for investment and economic growth.
d.a company must operate by a set of rules different from its U.S. rules.
A multilateral treaty is a treaty among several nations.
a. True
b. False
The doctrine of “minimum contacts” is one of fairness in extending in personam
jurisdiction.
a. True
b. False
The United State has, since 1989, prohibited U.S.-based companies from selling
military equipment to China. This restriction is an example of:
a. a treaty trade restriction.
b. an individual nation sanction.
c. an illegal boycott.
d. none of the above
Melanie: “I’ll buy that armoire for $775.” Judith: “It’s not for sale.”
Melanie: “How about $875?”
Judith: “I don’t know. It’s been in my family for 130 years.” Melanie: “How about
$1000?”
Judith: “I’ll think about it.”
a. There is an option contract.
b. There is no contract.
c.There is a reliance case.
d.There is a quasi contract.
With reference to #s 105, 106, and 107, Radical Boards:
a. has no liability to the girls or their parents.
b. enjoys an employer privilege and immunity against such litigation.
c.might be held liable for the negligent failure to disclose Keller’s history.
d.has no liability for the subsequent acts of terminated employees.
e. none of the above
Newspapers have an absolute privilege with respect to defamation suits.
a. True
b. False
A lawsuit begins with the filing of a complaint or petition.
a. True
b. False
The Lanham Act provides protection for trademarks, trade names, and trade dress.
a. True
b. False
Bond or bail is established at the initial appearance.
a. True
b. False
Which of the following would be an exception to preferential treatment?
a. a BFOQ
b. seniority or merit system
c.misconduct
d.All of the above are exceptions.
Which of the following is not a right protected in the Bill of Rights?
a. noninterference with contracts
b. freedom of speech
c. right to privacy
d. right to due process
Which are not subject to Title VII?
a. employers with at least 15 year-round workers
b. labor unions with a hiring hall
c.labor unions with 15 or more members
d.employment agencies
e. All of the above are subject to Title VII.
Employers are responsible for the content of employee e-mails.
a. True
b. False
Refusals to deal are a perseviolation of the Sherman Act.
a. True
b. False
The UCC Battle of the Forms provision allows additional terms in an acceptance
without invalidating the acceptance.
a. True
b. False
Zaney, Inc.operated Zaney’s Bar and Grill. An officer of the corporation instructed the
bartender at Zaney’s to “maintain order” at the bar. The bartender pulled out a gun and
shot a patron because he was making advances to the girl sitting next to him. Which of
the following is correct?
a. Zaney’s Inc.is liable to the patron for the injuries caused by the bartender.
b. Zaney’s is not a principal because it is a corporation.
c.The bartender is not liable for the injuries to the patron because he was working for
someone else at the time.
d.Zaney’s is not liable for the injuries sustained by the patron.
The complaint and answer are both pleadings.
a. True
b. False
How long does an officer of a publicly traded company have to file a disclosure of
transactions in the company’s
stock?
a. until the end of the month
b. two days
c.three days
d.until the end of the quarter
Software copyrights cover the underlying programs of the software.
a. True
b. False
Real estate agents would not customarily have the authority to enter into sales contracts
for their clients.
a. True
b. False
Liz Bonham has a pension plan through her employer. Give a list of her rights and her
employer’s obligations under
the plan.
Anne Argent runs a Water “n Ice store located near a thrift store in a strip mall that has
only Ann’s store and the thrift store as tenants. The remaining stores in the strip mall are
vacant. Anne’s customers are largely junior high and high school students who ride their
bikes to her store from the neighborhoods surrounding the strip mall. They park their
bikes outside Anne’s store while they are inside buying drinks, ice cream, and candy. In
the past 10 months, 12 bikes have been stolen from outside Anne’s store. Discuss any
liability Anne might have and why.
Ralph Dewey is an assistant superintendent in the Maple Leaf school district. Mr.
Dewey’s job is to award
contracts for all facilities management. Dewey awarded an asbestos removal contract to
his brother’s firm. Discuss the ethical issues. What models could have helped Dewey in
his decision-making process?
Explain the interests of parties and the issues involved in acid rain regulation.
Following the 1999 tragedy at Columbine High School in Littleton, Colorado, when 13
students were killed by two of their armed classmates there was discussion of Second
Amendment rights and gun control regulations were passed by Congress. What sources
of law were part of the discussions and legislation?
Schmuck was involved in the sale of used automobiles. He engaged in the practice of
rolling back odometers and then selling the vehicles. What crime(s) has been
committed?
The articles of incorporation must include the capital stock structure of the corporation.
a. True
b. False
Why are so many service stations replacing their underground storage tanks?
State anti-spamming statutes are tied to the volume of messages.
a. True
b. False
List the types of costs a company involved in litigation experiences. List the costs that
can result if litigation is not pursued.
Discuss the leading causes of occupational injuries.
A city has its pay structure established by classes of employees. For example, there are
administrative staff and maintenance staff. The administrative staff’s pay rate is higher
and employees in those jobs are nearly all white male. The maintenance staff’s rates are
lower and the employees there are nearly all female. Several female employees have
brought suit challenging the pay structure as violative of Title VII. Is there a problem?
The state of Arizona follows a merit review process of proposed securities offerings.
The Securities Division reviews proposed offerings to look for problems with fraud.
This review is done in addition to the SEC review at the federal level. The state
regulators have recently issued an interpretation that provides the state can stop all
stock offerings of any firms doing business in Arizona – even if the stock will not be
sold to Arizona residents. Can the regulators constitutionally exercise this power?
Sunoco Oil Company had long-term oil supply contracts with KW, an oil company in
Kuwait. The contracts were negotiated in 1989. The contracts ran smoothly until 1990,
when armed forces from Iraq took possession of the oil- producing facilities of Kuwait.
The eventual result was the Persian Gulf War which began in early 1991. Sunoco’s oil
was not delivered for over one year. Sunoco wishes to know its damage rights against
KW for the year-long interruption in its oil supply.
Georges Marciano Guess Company sells its clothes with tags on them with a price
indicating “suggested retail price.” Are there any antitrust violations with this practice?
Discuss why whistle-blowers should receive some kind of protection from defamation
claims.
Apparent authority ends when an agent is fired.
a. True
b. False
Only a small minority of states have antitakeover statutes.
a. True
b. False
Under Section 14, shareholders can make proposals for action in the proxy materials.
a. True
b. False
Discuss what colleges and universities must do under CARD for their students.