It now appears the Supreme Court is comfortable limiting the per se illegality analysis
to vertical agreements among competitors.
Answer:
According to the per se rule, price fixing is illegal only when the parties to the price
fixing agreement have control of a market.
Answer:
The Equal Credit Opportunity Act applies to all businesses that regularly extend credit,
including financial institutions, retail stores, and credit-card issuers.
Answer:
Production defects arise when products are not manufactured to a manufacturer’s own
standards.
Answer:
For the courts to exercise their function of limited review, an agency must provide a
record that sets forth the reasons and basis for its decision.
Answer:
The Fair Debt Collection Practices Act exempts attorneys who collect consumer debts
on behalf of their clients.
Answer:
The legal requirement of honoring confidences contains both formalist and
consequentialist ethical values.
Answer:
In the context of criminal intent, knowledge can be easily established by demonstrating
that the accused was negligent, careless, or foolish.
Answer:
In the context of the doctrine of exhaustion of remedies, the courts do not allow parties
to litigate prior to exhausting administrative remedies.
Answer:
Ambrose Bierce posited that individuals in large groups such as corporations feel more
responsibility for what happens in the group than they do for what happens in their
individual lives.
Answer:
In a case of fraud, the government must prove actual reliance upon the defendant’s
misrepresentation.
Answer:
States may set minimum wage amounts that are lower, not higher, than the federal
minimum rate.
Answer:
A partial business closing to deter unionizing is an unfair labor practice.
Answer:
The Truth-in-Lending Act covers transactions in which a debtor is a corporation or a
business entity.
Answer:
The three basic forms of business organizations are limited partnerships, S corporations,
and limited liability companies.
Answer:
The Health Insurance Portability and Accountability Act primarily prevents
discrimination against individual employees in small businesses.
Answer:
A contracting party has no duty to perform prior to a condition precedent being
satisfied.
Answer:
A formalist is most likely to conclude that a business’s secret monitoring of employees
is ethical if the monitoring reveals a significant number of crimes or malfeasance,
providing a net good for the business.
Answer:
In accordance with the sentencing guidelines, federal judges are not allowed to decide
for themselves if the defendants deserve sentences longer or shorter than the ranges in
the guidelines.
Answer:
An essential aspect of a successful claim under the Alien Tort Statute is to demonstrate
that the acts committed violate the law of nations.
Answer:
The Convention on the International Sale of Goods resolves all areas of contract law.
Answer:
Grand jurors may subpoena business records.
Answer:
Family-owned and family-operated businesses are common examples of publicly held
organizations.
Answer:
The takings clause of the Fifth Amendment to the Constitution provides individuals the
right to possess and use guns in their homes.
Answer:
Under federal law, private employers generally are permitted to use lie detector tests
while screening job applicants.
Answer:
Statutes that provide for the service of process beyond state boundaries are referred to
as long-arm statutes.
Answer:
Under the Uniform Commercial Code (UCC), contracts for the sale of real estate can
leave open nonquantity terms to be decided at a future time.
Answer:
The federal system and all state systems require arbitration hearings to be conducted
according to the established rules of evidence.
Answer:
Refusing to reduce agreements to writing when negotiating is considered a fair labor
practice.
Answer:
An assault is an illegal touching of another.
Answer:
Primary air quality standards are standards that are necessary to protect public health.
Answer:
The bubble concept reduces the flexibility in curtailing pollution and restricts
businesses to discover new methods of controls.
Answer:
Under the Kyoto Protocol, industrialized nations are supposed to lower greenhouse gas
emission below 1990 levels.
Answer:
The emissions trading approach to pollution management is a property approach.
Answer:
The general liability policies carried by many businesses, which cover bodily injury and
property damage, often insure against intentional torts.
Answer:
Public nuisance claims may be brought only by a public official, not private individuals,
unless the latter have suffered some special damage to their property as a result of the
public nuisance.
Answer:
The Patient Protection and Affordable Care Act is a defining legislative achievement of
President Obama’s presidency.
Answer:
When the result of a case at the trial court level is appealed, the party appealing is
usually referred to as the appellee.
Answer:
A formal agreement among members is necessary in a crime involving conspiracy.
Answer:
Which of the following statements is true of redlining?
A. It refers to the practice in which real estate brokers guide prospective home buyers
toward or away from certain neighborhoods based on their race.
B. It refers to the perceived business practice of a company providing a product or a
service based on the customer lifetime value.
C. It refers to a way of encouraging white owners of property to sell their houses at a
loss by implying that racial minorities were moving into their previously racially
segregated neighborhood, thus depressing real estate property values.
D. It refers to an organization targeting its minority consumers by charging them more
for services or products when compared to the charges for its non-minority consumers.
E. It refers to the refusal of an organization to make loans at all in certain areas where
property values are low.
Answer:
Which of the following is one of the major institutions of the European Union?
A. The Secretary Council
B. The International Court of Justice
C. The United Nations
D. The House of Representatives
E. The Council of Ministers
Answer:
The Charter of the United Nations sets forth as its primary goal to
A. combat corruption and corrupt practices in all countries.
B. save succeeding generations from the scourge of war.
C. ensure that justice is delivered at all levels in all member countries.
D. implement a just and fair international law that guides international commercial
transactions.
E. minimize all forms of trade disputes.
Answer:
Which of the following statements is true of an award?
A. It is not subject to judicial review on the merits of a decision.
B. It becomes final and enforceable as soon as it is made by an arbitrator.
C. It needs to set forth findings of fact, conclusions of law, or the reasons for the award.
D. It is the final set of findings presented by a focus group to an arbitrator.
E. It is mostly delivered orally by an arbitrator to the disputing parties and need not be
in writing in most states.
Answer:
Which of the following statements is true of the Fair Debt Collection Practices Act?
A. It permits debt collectors to contact a third party, even if an attorney representing a
debtor responds to all communications by the collector.
B. It permits debt collectors to contact third parties; the collectors must disclose that
they are pursuing a debt against a consumer but may not disclose the nature or amount
of the debt.
C. It permits debt collectors to contact third parties; the collectors must disclose that
they are pursuing a debt against a consumer and may also disclose the nature or amount
of the debt.
D. It forbids debt collectors from contacting third parties regardless of the disclosure or
nondisclosure of the existence of a consumer’s debt.
E. It permits debt collectors to contact third parties, but the debt collector may not state
that the consumer owes a debt.
Answer:
In the context of patentable subject matter, which of the following characteristics about
an invention indicates that something is new and different from the prior art?
A. nonobviousness
B. utility
C. novelty
D. tarnishment
E. preemption
Answer:
According to the Ethical Norms and Values for Marketers from the American Marketing
Association, which of the following ethical values requires marketers to try to balance
justly the needs of a buyer with the interests of a seller?
A. Honesty
B. Responsibility
C. Fairness
D. Openness
E. Respect
Answer:
A(n) ______ is a person who learns of nonpublic information from an insider, and is
generally viewed as a temporary insider.
A. underwriter
B. controlling person
C. issuer
D. tippee
E. dealer
Answer:
An expropriation is also considered to be a confiscation of property when
A. the owner of property is not fairly compensated.
B. a property owned by a foreign company is seized by the U.S. government.
C. a property is purchased through corrupt payments.
D. a property is seized under the Racketeer Influenced and Corrupt Organizations Act.
E. the owner of the property is charged under the Foreign Corrupt Practices Act.
Answer:
What is the purpose and jurisdiction of the Occupational Safety and Health
Administration (OSHA)?
Answer:
A(n) ______ is one when parties have not performed their agreement.
A. executed contract
B. executory contract
C. express contract
D. exculpatory contract
E. unenforceable contract
Answer:
______ ensures fair competition by preventing those who would deceive consumers
from diverting trade from those who compete honestly.
A. trade practice regulation
B. redlining procedure
C. resale price maintenance
D. restraint of trade
E. full-line forcing
Answer:
Which of the following statements is true about a formalist?
A. A formalist places ethical focus on the worth of an individual.
B. A formalist predominantly believes and works for the common good.
C. A formalist attempts to achieve utilitarianism as fast as possible.
D. A formalist evaluates the consequence or end result of lying and not lying itself.
E. A formalist lays less emphasis on duty or moral obligation.
Answer:
Which of the following is true of trade dress?
A. It refers to the utility and nonobviousness of an invention.
B. It can be protected under law even without a registration.
C. It is another form of a patent troll.
D. It is protected by the law from being copied as long as it is distinctive.
E. It usually excludes distinctive store decorating motifs.
Answer:
One important advantage of stare decisis was __________.
A. increased emphasis on dicta than on holding
B. the elimination of alternative dispute resolution methods
C. security with regard to property
D. limited volume of cases
E. rejection of precedent
Answer:
Which of the following statements is true of arbitration procedures?
A. All types of arbitration procedures are voluntary and cannot be forced on the
disputing parties.
B. Mandatory arbitration is a more effective alternative to litigation than a voluntary
arbitration.
C. Generally, the award resulting from the voluntary arbitration procedure is final.
D. If an arbitrator made erroneous rulings during a hearing, the award can be set aside.
E. An arbitrator’s award is binding on the parties only if there was no error of law on the
part of the arbitrator.
Answer:
Hannah Arendt believed that evil often comes from a kind of _____.
A. apathy
B. ignorance
C. thoughtlessness
D. boredom
E. anger
Answer:
Which of the following statements is true of the Uniformed Services Employment and
Reemployment Rights Act (USERRA)?
A. Employers may retaliate against anyone assisting in the enforcement of USERRA
rights, provided that person has no service connection.
B. The USERRA also contains health insurance provisions.
C. Covered individuals who leave a job to perform military service are barred from
continuing any existing employer-based health plan coverage.
D. For individuals who elect to continue existing employer-based health plan coverage,
they have the right to be reinstated in the employer’s health plan when reemployed.
E. It applies to all individuals released from service irrespective of whether it was under
“honorable conditions” or “dishonorable conditions.”
Answer:
Which of the following statements is true about the acceptance of an offer?
A. Bilateral contracts are predominantly accepted by the offeree performing the act.
B. Unilateral contracts are accepted by making a promise.
C. The language of an offer is optional in determining the nature of contract and its
acceptance.
D. Counteroffer usually means an acceptance of an offer.
E. Acceptance must follow the mirror image rule to create a binding contract.
Answer:
Frank is the fresh produce supplier to Green Valley, an upscale restaurant. He provides
the restaurant with imported meat for which he is paid $1,500 per day. One day, Frank
fails to deliver the meat due to personal reasons. This causes the restaurant to order
from a neighboring city for $2,500. The delay in shipment results in a foreseeable loss
of $1,500 in revenue for Green Valley. If Green Valley decides to sue Frank for
damages, the court is most likely to award Green Valley with damages in the amount of
______.
A. $1,000
B. $4,000
C. $2,500
D. $8,000
E. $5,500
Answer:
The familiar telemarketing sales rule that established the national “Do Not Call” list is
an example of a(n) ______.
A. Congressional statute
B. trade regulation rule
C. executive order of the president
D. Uniform Commercial Code rule
E. procedural law
Answer:
Which of the following statements is true of comparative negligence?
A. It completely bars a plaintiff from recovering any damages.
B. It requires a plaintiff and a defendant to settle their dispute through arbitration.
C. It allows a plaintiff to claim only punitive damages but not actual damages.
D. It allows a plaintiff to claim damages without establishing proximate causation and
causation in fact.
E. It compares a plaintiff’s fault with a defendant’s and reduces the damage award
proportionally.
Answer:
According to Rawls, which of the following serves as the first step in determining the
ethical values on which a just society can be built?
A. To assume that one is not aware of one’s own age, gender, race, intelligence,
strength, wealth, or social status
B. To weigh the effects of one’s decisions on the society and oneself and thereby choose
the path that brings in maximum benefit
C. To be completely self-aware of one’s ambitions and goals
D. To test the morality of actions done by others in a society
E. To use formalism to formulate acceptable codes of conduct
Answer:
A grand jury transcript may be used at a trial to
A. make additional charges.
B. impeach a witness.
C. substitute for testimonies of witnesses unavailable at trial.
D. give a judge background and insight as to how the indictment was arrived at.
E. pronounce the guilt of the accused.
Answer:
The members of the Equal Employment Opportunity Commission are
A. appointed by the Senate on the recommendation of the president.
B. appointed by the Occupational Safety and Health Administration.
C. elected by the people.
D. elected by the House of Representatives, with the advice of the Federal Trade
Commission.
E. appointed by the president, with the advice and consent of the Senate.
Answer:
Which of the following statements is true about adverse possession?
A. The practice of adverse possession requires that possession be interrupted to grant
ownership.
B. The possessor should have the owner’s permission to be on the land.
C. The practice of adverse possession discourages land use.
D. The practice of adverse possession increases the possibilities of an absent owner to
claim rights many years down the road.
E. The most common way to destroy a claim of adverse possession is to sue for
trespass.
Answer:
______ is the process of adjusting a job or work environment to fit the needs of
disabled employees.
A. Reasonable accommodation
B. Quid pro quo
C. Redlining
D. Qualified accommodation
E. Mandatory extradition
Answer:
To enter another’s land without consent or to remain there after being asked to leave
constitutes the tort of ______.
A. assault
B. conversion
C. battery
D. trespass
E. invasion of privacy
Answer:
Which of the following is true of the double jeopardy clause?
A. It states that a person can be tried twice for the same offense under criminal and civil
law.
B. It states that a person cannot be tried twice even if the same crime violates both
federal and state laws.
C. It states that a federal and state governmental prosecutor cannot cooperate for one
conviction.
D. It states that if the factual evidence is the same, an individual can be tried twice
under different sections of law.
E. It allows for two trials, one in federal court and the other in a state court, if an
individual violates both federal and state laws.
Answer:
A(n) ______ means that an adjoining landowner cannot do anything that would cause
your land to cave in or collapse, such as digging a ditch that would cause the land on
your side to collapse.
A. easement by prescription
B. negative easement
C. mutual benefit bailment
D. eminent domain
E. accession
Answer:
How many Courts of Appeal have been created by Congress in the United States under
its constitutional authorization?
A. 50
B. 51
C. 25
D. 10
E. 13
Answer:
A military institute in a particular state launched a separate program for women.
However, the senior members of the program held that women would not be provided
with the same type of rigorous military training, facilities, courses, faculty, financial
opportunities, and alumni connections that were provided to male cadets. The women
cadets of the program filed a suit in order to get justice. Which of the following
approaches is most likely to be adopted in this case?
A. minimum rationality approach
B. strict scrutiny approach
C. quasi-strict scrutiny approach
D. indeterminate scrutiny approach
E. rational basis approach
Answer:
The Fair Labor Standards Act (FLSA) requires breaks or meal periods to be given to
workers.
Answer:
Stuart signs a contract that allows him to rent a snowplow from Homer’s Plow
Company. The contract stipulates that he has to pay $50 per week. Winter ends sooner
than expected, so Stuart wants to return the plow ahead of the due date in order to avoid
paying unnecessary rent. Homer’s Plow Company agrees to let Stuart return the plow as
long as he signs a contract that requires him to rent the plow again next year. This is an
example of a(n) ______.
A. waiver
B. arbitration
C. rescission
D. release
E. novation
Answer:
Which of the following causes problems in determining when diversity of citizenship
exists in cases involving business corporations?
A. The fact that business corporations usually settle their cases with a small-claims
court
B. The fact that business corporations are frequently incorporated in one state and have
their principal place of business in another state
C. The fact that business corporations are allowed to forego their right to be classified
as a person
D. The fact that business corporations only fall under the jurisdiction of a small-claims
court that considers businesses as persons
E. The fact that business corporations always deal with amounts that are higher than the
jurisdictional amount
Answer:
Briefly discuss arbitral awards and their relation to the courts.
Answer:
What is per se illegality?
Answer:
What reforms have been proposed to the Superfund law by the business community?
Answer:
What is fraud and what are the specific elements required to establish fraud?
Answer:
Briefly explain the rule of reason.
Answer:
When will federal courts assess civil fines related to trade practice violations under the
Federal Trade Commission Act?
Answer:
Explain the issue of reviewability during the judicial review of an administrative
agency’s decision.
Answer:
What is the purpose of the International Monetary Fund and the World Bank?
Answer:
A deep fryer used in a fast-food restaurant is operated by nine minors. The fryer is
manually operated and the employees are required to immerse the food items in hot oil.
This task was performed regularly based on the instructions provided by the store
managers and senior staff members. Does the restaurant violate any rule?
Answer:
Why have federal courts begun developing higher standards for settlements in
class-action suits?
Answer:
Briefly explain how rescission is used as an equitable relief for nonbreaching parties.
Answer:
What are the options available to nonbreaching parties to a contract when money
damages are not satisfactory as a remedy?
Answer:
What are the areas encompassed by the authority of the Consumer Financial Protection
Bureau?
Answer:
What happens if an individual infringes a patent?
Answer:
Describe public law and its categories.
Answer:
On April 1, Brian passes a gun store and sees an automatic rifle in the window on sale.
Thinking that it would be perfect for hunting squirrels, he asks about the gun and the
store owner says that he has a crate of them. Brian gives the owner an advance of $100
to hold one for him ’til payday. On April 4, the state legislature passes a statute banning
private ownership of automatic weapons. When Brian goes into the store on April 5, is
he entitled to purchase the weapon? Briefly state the reason for the answer.
Answer:
Briefly explain the overbreadth doctrine.
Answer:
When is a petition for a writ of certiorari granted?
Answer:
Coca-Cola Co. has restricted employees at soda fountains from giving other colas when
a customer asks for a “Coke.” What is the reason for this decision?
Answer: