Jane Eyring works for PharmaMeds, Inc.Jane is a physician-scientist who is responsible
for running the pilot tests on PharmaMed’s new oral spray medication for individuals
with adult onset diabetes. Jane has discovered that if those in the test group do not spray
the medicine correctly or if they spray for too short of a time, the medicine is not
effective, or as effective, and insulin shock has resulted in a few of the patients. Jane
talks with one of her colleagues who responds, “Look, there’s no need to stop the testing
or the drug’s release. Just tell them in the test and in the brochures that will be with the
spray, “Spray correctly! If you do not, you may not receive your necessary dose.”” Jane
is not sure anyone can be 100% accurate in spraying all the time. Whom is affected by
Jane’s decision, regardless of what decision she makes?
a. shareholders
b. customers
c.Jane and her reputation
d.all of the above
The crime Mr. Parnell is charged with is shipping contaminated foo
d. What would the federal government have to show in its case to establish the crime?
a. That Mr. Parnell did the actual shipping of the product.
b. That Mr. Parnell saw the actual product before it was shipped.
c. That Mr. Parnell knew that the product was contaminated before shipment occurre
d.all of the above
The implied warranty of fitness for a particular purpose requires:
a. proof that the seller made the first contact with the buyer.
b. proof that the seller used the term “warrant.”
c.proof that the seller is a merchant.
d.none of the above
Under RICO, business owners can be criminally liable for violations even though they
were not directly running the business.
a. True
b. False
The Landrum-Griffin Act contains a bill of rights for union members.
a. True
b. False
The Commerce Clause authorizes Congress to regulate interstate and international
commerce.
a. True
b. False
Strict tort liability under Section 402A is the same as negligence.
a. True
b. False
Which label is appropriate for the party appealing a case?
a. respondent
b. defendant
c.appellant
d.either a or c
Disparate impact cases require proof of the same elements as disparate treatment cases.
a. True
b. False
A false statement that impeaches someone’s honesty is defamatory.
a. True
b. False
Staredecisisis Latin for “let the decision stand.”
a. True
b. False
The public comment period:
a. need not be 30 days if there a formal hearings.
b. need not be 30 days if the Regulatory Flexibility Act is followed.
c. need not be 30 days in the case of an emergency.
d. must always be 30 days.
What conduct will cost a limited partner his/her limited liability status?
a. engaging in the management of the business
b. allowing his/her name to be used in the business name
c.failure to file the limited partnership agreement
d.All of the above will result in a loss of limited liability status.
An NGO:
a. is not subject to the controls of the FCPA.
b. is not subject to any nation’s laws.
c. is an oil cartel.
d. none of the above
Which of the following activities will cause a limited partner to lose his limited liability
status?
a. being employed by the general partner as an employee
b. managing the firm with the general partner
c.consulting with or advising the general partner
d.All of the above will result in the loss of limited liability status.
The mailbox rule applies to:
a. all acceptances.
b. acceptances communicated through the offer’s stipulated means.
c.acceptances under UCC only.
d.revocations and acceptances.
e. none of the above
Article I of the U.S. Constitution establishes the executive branch of government.
a. True
b. False
How many people must have heard or read a statement for there to be publication for
purposes of defamation?
a. one
b. at least two
c.there must be widespread community knowledge
d.it must be heard simultaneously by at least two people
At least one court has held that the placement of cookies on an individual’s computer
without consent is a form of unauthorized access.
a. True
b. False
When is a motion for a directed verdict properly made?
a. after the defendant has filed its answer
b. after summary judgment has been granted
c.after the plaintiff has presented its case
d.only at the appellate court level
Classify JRM, LLC, and Sang Hak Shin.
a. Users
b. Lessees
c.Owners
d.Lenders
The tort of contract interference requires knowledge of an existing contract between
two parties.
a. True
b. False
Interrogatories:
a. are served on nonparties only.
b. must be answered under oath.
c.must be used before a deposition can be scheduled.
d.none of the above
Proximate cause need not be established in negligence cases.
a. True
b. False
Giving a false impression, although not actually an untruth, is still an ethical violation.
a. True
b. False
Inspectors from OSHA arrived at the Upper Big Branch mine for a surprise inspection.
Which of the following is correct?
a. The managers at the mine can demand that OSHA obtain a warrant.
b. The managers can give voluntary consent for their inspection.
c.The managers can accompany the inspectors during their inspection.
d.All of the above are correct.
Expropriation is the:
a. taking of private property by a country.
b. development of tariffs for goods leaving the country.
c. collection of a line of credit by property repossession.
d. none of the above
There is no employer liability for negligent hiring.
a. True
b. False
Predatory pricing is pricing below actual cost.
a. True
b. False
What is another term for an agency by estoppel?
a. implied agency authority
b. apparent agency authority
c.authority by custom
d.none of the above
The CEO of Citigroup announced a $8 billion write-down for the company because of
bad loans. This announcement followed a previous announcement of a $5 billion
write-down three quarters earlier. The board asked him to step down.
a. The board does not have the authority to remove a CEO.
b. The shareholders must approve the removal of a CEO.
c.The CEO is elected by the shareholders.
d.none of the above
Which of the following does not constitute an express warranty?
a. “This car will give you a great deal of satisfaction.”
b. “This car is equipped with Michelin radial tires.”
c.”This car goes from 0 to 60 mph in 10 seconds.”
d.All of the above are express warranties.
Title VII applies to decisions to:
a. hire.
b. promote.
c.award merit raises.
d.all of the above