Which of the following statutes was the first federal antitrust statute?
a. Clayton Act
b. Sherman Act
c.Federal Trade Commission Act
d.none of the above
The implied warranty of merchantability (unless disclaimed) is given in every sale of
goods by a merchant.
a. True
b. False
Which of the following questions on a credit application would be a violation of
ECOA?
a. asking about felony convictions
b. asking address and length of residence
c.asking whether the applicant is pregnant
d.All of the above are violations.
Seniority systems can still be used under Title VII.
a. True
b. False
Personal choices and lifestyles have no impact on one’s business ethics.
a. True
b. False
If a plaintiff’s home country provides an adequate remedy for a wrong, the case cannot
be heard in the United States.
a. True
b. False
The ability of a competitor to control the prices of a supplier in a market is a
monopsony.
a. True
b. False
Treble damages are recoverable for actions brought under:
a. the Sherman Act.
b. the FTC Act.
c.the Antitrust Improvements Act.
d.all of the above
Only businesses can provide input during the comment period of rulemaking.
a. True
b. False
Which of the following is not a factor in determining whether an agent is a servant or
independent contractor?
a. level of supervision
b. whether the agent has his or her own office
c.whether the agent has a college degree
d.whether the agent has more than one client
e. All of the above are not factors.
Benzene is a colorless, aromatic liquid used in manufacturing a variety of products
including motor fuels, solvents, detergents, pesticides, and other organic materials.
Benzene is a toxic substance and rapid inhalation can be fatal. Exposure has also been
shown to lead to various types of nonmalignant diseases such as blood disorders
(including leukemia).
OSHA passed a regulation limiting maximum benzene exposure for employees. OSHA
set a 1 ppm maximum, even though the medical evidence only discussed exposures at
10 ppm and more. The petroleum industry wishes to challenge the regulation. Can they
do so? On what basis?
Advertising is commercial speech and cannot be limited because of First Amendment
protections.
a. True
b. False
In Stoneridge, Charter Communications engaged in which of the following activities?
a. Misclassification of its customer base
b. Improper capitalization
c.Delayed reporting of material facts
d.All of these
A product can be defective for purposes of liability for injury if proper warnings about
its use are not given.
a. True
b. False
Which of the following is not a form of discovery?
a. interrogatories
b. requests for admissions
c.pretrial conference
d.depositions
e. All of the above are forms of discovery.
A motion for judgment NOV:
a. is a motion for judgment notwithstanding the verdict.
b. can only be made by the plaintiff.
c.is made only before the verdict is returned.
d.none of the above
Why does the late Dr. Milton Friedman feel that managers should not involve their
companies in social issues?
a. they are agents of the shareholders and should act in their best interests
b. companies lose money when they are socially responsible
c.economic studies show businesses that are socially responsible make less money
d.all of the above
Predatory pricing is not specifically covered in any of the antitrust laws.
a. True
b. False
Setting minimum prices is a perseviolation of the Sherman Act.
a. True
b. False
Natural law and positive law are one and the same theories of moral standards.
a. True
b. False
The Telecommunications Act of 1996:
a. prohibits local zoning authority over cell phone towers.
b. prohibits cell phone towers.
c.requires equal treatment for providers of functionally equivalent services.
d.none of the above
A consent decree is similar to a nolocontendereple
a. True
b. False
Statutes that eliminate constitutional protections are still valid if they are federal
statutes.
a. True
b. False
Which of the following is the first document filed in a lawsuit?
a. complaint
b. answer
c.pleadings
d.none of the above
A 2012 Joseph Institute study found nearly half of high school students copied
homework from other students.
a. True
b. False
Which of the following is not required of a celebrity who will be endorsing a product?
a. verification of the claims to be presented
b. actual use of the product
c.disclosure of source of claims not known personally by the celebrity
d.All of the above are required.
The Alternative Fines Act:
a. is an act used by U.S. Customs to increase the penalties for those who try to
circumvent tariffs.
b. was declared unconstitutional.
c. is a form of expatriation.
d. is used by the Justice Department in FCPA violations.
Glen Albanese was arrested after federal authorities conducted an investigation that
indicated the funds that he had raised for relief efforts for Hurricane Katrina victims had
been used to purchase landscaping for his home, acquire
a Labradoodle pedigree dog, and buy tickets to DisneyWorld and Six Flags. Mr.
Albanese had raised funds for his charity by advertising that the funds raised would be
used to rebuild homes and provide scholarships for the children of victims. Instead, he
met individuals who sold him the dog and furnished the landscaping in odd locations
and paid them in cash in envelopes. Which of the following crimes would be applicable
for the federal authorities to charge? a. Criminal fraud
b. Embezzlement
c. A violation of SOX
d.a and b only
e. all of the above
Section 16 applies:
a. only to shareholders.
b. to directors of all covered corporations.
c.when there is a purchase followed by a sale within a six-month period.
d.all of the above
Work product is discoverable.
a. True
b. False
The book “Fort Apache” dealt with the story of a battle at a frontier fort and the film
“Fort Apache: The Bronx,” was a story about the challenges of police officers in
battling crime in the Bronx area of New York City. The author of “Fort Apache” has
brought suit against the film makers.
What would be the basis of the suit?
a. Trade Name
b. Trademark
c.Copyright
d.both a and b
The laws of the United States on patent protection do not comply with GATT.
a. True
b. False
Resale price maintenance is a perseviolation of the Sherman Act.
a. True
b. False
PepsiCo entered into an agreement with the Indian government to provide training in
farming techniques and return
40 percent of its profits from Indian operations to the government in order to obtain the
right to do business in India. Describe all of the laws and principles of international law
involved in this agreement.
Personal Alarms, Inc.advertises a product for senior citizens who live alone that is a
type of warning device when the individual is experiencing health or safety issues.
According to Personal Alarm ads, all the user needs to do is press the button on the
small Personal Alarm bracelet and through a direct contact, the police are notified
immediately and able to detect location of the Personal Alarm user and dispatch
assistance. The FTC has learned that the Personal Alarm only alerts a monitoring
system that must then call the police. The FTC:
a. can issue a cease and desist order for the Personal Alarm ads on direct police contact.
b. cannot stop the ads so long as there is some police notification process.
c.does not have authority to stop ads because of First Amendment commercial speech
protections.
d.none of the above