Sovereign immunity provides that our court system cannot be used to right injustices in
other countries.
a. True.
b. False
The Antitrust Improvements Act gave the Justice Department broader investigative
authority.
a. True
b. False
The Clayton Act does not carry criminal penalties.
a. True
b. False
An ultravireschallenge is a challenge of the agency’s jurisdictional authority on a rule.
a. True
b. False
A pretrial conference is:
a. a meeting between the parties.
b. a hearing for a motion for summary judgment.
c.held before discovery begins.
d.none of the above
Which of the following is not an exception to the Fourth Amendment search warrant
requirement?
a. a search of a burning building
b. a search of an area in plain view
c. an inspection of a factory for safety violations
d.All of the above are exceptions to the warrant requirement.
Long-arm statutes give courts power to take jurisdiction over parties in other states in
some cases.
a. True
b. False
The Anti-Spam Technical Alliance is an industry group working to fight spam.
a. True
b. False
The decision of an administrative law judge can be appealed to the agency heads.
a. True
b. False
An appellate court has the authority to order a new trial.
a. True
b. False
An agreement among competitors to control the supply of their products to the market
violates the Sherman Act.
a. True
b. False
The Privacy Act is part of the Administrative Procedures Act.
a. True
b. False
The public policy exception to the employment-at-will doctrine protects:
a. employees who are fired with cause.
b. employees who engage in illegal conduct.
c.whistle-blowers.
d.none of the above
The only types of transactions covered under the Foreign Corrupt Practices Act are
those that involve contracts with foreign governments.
a. True.
b. False
In a master-servant relationship, the principal most likely will need to do which of the
following?
a. Withhold income taxes for the agent
b. Pay FICA for the agent
c.Pay FUTA for the agent
d.All of these
A shareholder proxy is:
a. good until revoked.
b. not subject to any securities laws.
c.a transfer of a right to vote.
d.none of the above
The golden arches of McDonald’s restaurants are an example of:
a. a patent.
b. a copyright.
c.a license.
d.trade dress.
Which federal law controls websites that collect information from children?
a. The CFAA
b. The ECPA
c.The NSA
d.none of the above
An internal memo in a company that acknowledges the risk of a product prior to the
product’s release without any kind of change establishes proof for punitive damages
under a negligence theory of product liability.
a. True
b. False
Stating a lamp is a “Tiffany lamp” and stating it is “in the Tiffany style” are both
making the same kind of warranty.
a. True
b. False
Monitors are often required by the Justice Department as part of a settlement of charges
of corporate violations of criminal law.
a. True
b. False
The Family Leave Act was passed by Congress in 1993. The Act requires certain
employers (those of a certain size) to give 12 weeks of leave to their employees for the
birth or adoption of a child or the care of an ill spouse, parent, or chil
d.Answer the following questions:
a. In which set of statutes will this new law be found?
b. Is the statute a civil or criminal law?
c. Is the statute an example of legislating natural law?
Which of the following would not be a breach of the warranty of merchantability?
a. a piece of garden snake in a box of frozen green beans
b. a caterpillar in broccoli soup purchased at a restaurant
c.a milk carton that leaks
d.All of the above are breaches of the implied warranty of merchantability.
The “front page of the newspaper test”:
a. was developed by Laura Nash.
b. is the same as the WallStreetJournaltest.
c.was developed by Blanchard/Peale.
d.uses the perspective of an objective reporter.
A partnership by estoppel:
a. is the same as a partnership by implication.
b. results when third parties are led to believe a partnership exists.
c.is the same as a joint venture.
d.none of the above
Part of the case came from federal agents’ examination of emails Mr. Parnell sent to his
managers and employees. Which of the following is correct about the agents’ access to
those emails?
a. Because employees e-mails are not private, the agents did not need a warrant.
b. The agents would have been required to obtain a warrant.
c. Mr. Parnell could successfully object to the use of the e-mails because of his Fifth
Amendment rights.
d.both b and c
Selling securities before the effective date of the registration statement is a Section 12
violation.
a. True
b. False
Only the hiring process is covered under Title VII.
a. True
b. False
Who else would be criminally responsible for the shipment of contaminated product?
a. Board members
b. Managers who shipped the product knowing it was contaminated
c. Clerks who paid the shipping expenses
d.Shippers who handled the goods
Which of the following items can be sold now by a reseller?
a. A recalled item not purchased originally by the reseller
b. A product intended for children containing lead paint
c.A product intended for children containing phthalates
d.None of these
True small claims courts do not permit lawyers to represent the parties in the
proceedings.
a. True
b. False
In administrative proceedings, procedural due process requires:
a. a trial in which the party charged can be heard.
b. notice of hearing.
c. right to an attorney.
d. none of the above
If clients of a brokerage house feel that there are anticompetitive activities being used
among and between the various brokerage houses that result in price impacts for them,
then:
a. their remedy is under the Sherman Act for price fixing or monopolization.
b. their remedy is under the Clayton Act for vertical price discrimination.
c.their remedy is under the federal securities laws and regulations.
d.none of the above