Predatory pricing is:
a. pricing below cost.
b. per se illegal.
c.price discrimination.
d.none of the above
Which of the following is not an element of the crime of embezzlement?
a. intent to take property
b. taking property permanently
c. no authorization to take the property
d.All of the above are elements of embezzlement.
Posting false information in a chat room is not sufficient to establish defamation.
a. True
b. False
In comparative advertising, a company cannot be held liable for misrepresentations
regarding products other than its own.
a. True
b. False
Four of the five commissioners for the Federal Trade Commission were working late
one evening in their Washington, D.C. offices. The four were catching up on their
electronic mail. The four soon discovered each others’ presence on electronic mail. One
commissioner wrote to the other three, “Let’s get some business done so
long as we’re all here. We could resolve that unfair competition case that’s pending for
next month. We can iron out our differences via e-mail.” The electronic exchanges of
the commissioners would:
a. be protected because they are internal agency actions.
b. violate the Government in the Sunshine Act open meeting laws.
c. be considered law enforcement issues and would be protected from open-meeting
laws.
d. not be a meeting without some staff members present.
In those areas in which federal laws and regulation are extensive and detailed, the
likelihood is that the Supremacy
Clause precludes state regulation.
a. True
b. False
Timberline Lumber, Inc., sued Teal Developers, Inc., because Teal had failed to pay a
$43,000 bill owed to Timberline. Both companies are incorporated in Montana and
operate only in Montana. Timberline lost at the trial and now wants to appeal the
decision. Answer the following questions:
a. What court would have jurisdiction over the suit?
b. Who is the plaintiff? Who is the defendant?
c. On appeal, who is the appellant?
d. What grounds would cause the appellate court to reverse?
Formal rulemaking differs from informal rulemaking in:
a. public notice is required for formal rulemaking not informal.
b. a public comment period is needed for formal rulemaking but not informal.
c. no modification period exists in formal rulemaking.
d. none of the above
A brief is written by the trial judge.
a. True
b. False
There are no criminal laws at the federal level.
a. True
b. False
Classify Marcantuone and Gieson.
a. Users
b. Lessees
c.Owners
d.Lenders
A bona fide occupational qualification is a defense to discrimination charges if:
a. it can be established that customer preference is the basis for discrimination.
b. the job can be established as too strenuous for women.
c.it is customary for a woman to hold the job.
d.none of the above
Inpersonamjurisdiction:
a. refers to jurisdiction over the parties in a case.
b. can be based on the subject matter of the case.
c.is based on constitutional standards of residence.
d.is only applied in federal courts.
The Bellottidoctrine gives corporations:
a. less First Amendment protections for political speech than individuals have.
b. the same First Amendment protections for political speech that individuals have.
c. more First Amendment protections for political speech than individuals have.
d. no First Amendment protections for political speech than individuals have.
PCAOB consists of five presidential appointees.
a. True
b. False
Terms of a consulting contract are an example of private law.
a. True
b. False
The corporate veil liability theory has been applied in situations that involve
environmental clean-up issues.
a. True
b. False
Which of the following would be a violation of the Foreign Corrupt Practices Act?
a. A payment to a foreign government official to have a license application accelerated.
b. A payment to a member of the International Olympic Committee in order to obtain
his or her vote on an Olympic site.
c. A payment to an official of a government-owned telecommunications company in
order to speed up installation of phones in a business office.
d. A payment to a customs official in order to allow the unloading of goods from a ship.
e. All of the above are violations of the Foreign Corrupt Practices Act.
In an undisclosed principal situation in which the agent does not have the authority to
enter into a contract for real property and does so:
a. only the principal is liable on the contract.
b. the third party can elect to hold the principal or agent liable.
c.only the agent is liable on the contract.
d.none of the above
A corporate dissolution:
a. cannot result from an agreement.
b. results when a corporation does not hold an annual meeting.
c.can begin with a board resolution.
d.none of the above
Comparative ads are now illegal.
a. True
b. False
Ethics can provide a strategic advantage for companies.
a. True
b. False
Expropriation or nationalization is protected under the act of state doctrine.
a. True.
b. False
Sam Echols was injured when he was struck in a crosswalk by a car driven by Ceila
Jones. Echols’ lawyer suspects that Ms. Jones was not wearing her contact lenses at the
time of the accident as she is required to do by law. After Echols’ lawyer files suit, how
can she find out whether Ms. Jones was wearing her contact lenses?
a. by subpoenaing Ms. Jones
b. by a request to produce
c.by a deposition of Ms. Jones
d.The information is privileged and nondiscoverable.
A contract must be in a formal writing to satisfy the statute of frauds.
a. True
b. False
For evidentiary purposes, accountants’ work product and attorneys’ work product are
treated the same.
a. True
b. False
The Americans with Disabilities Act:
a. applies only to government contractors.
b. applies to all employers.
c.prohibits the use of tests that screen out handicapped workers.
d.limits the impact of the Rehabilitation Act.
Invisible hand managers do not become involved in social issues.
a. True
b. False
Suppose A-Plus Linens sent the following notice to JohnC.Lincoln Hospital: “On your
next call for bids, call us.
We’ll give you a $5 discount for every 100 pounds of linen we clean for you.” The
notice sent by A-Plus:
a. is contract interference.
b. is defamatory.
c.is invasion of privacy.
d.none of the above
To bind the third party, restrictions on an agent’s authority must be:
a. known to the third party.
b. in contract form between the agent and principal.
c.in writing.
d.none of the above
Bait and switch is not a deceptive advertising technique.
a. True
b. False
Only directors can be held liable for a Section 11 violation.
a. True
b. False
Watered shares are shares for which the purchaser did pay more than par but less than
full market value.
a. True
b. False
The best means for obtaining access to a defendant company’s email in litigation over
an atmosphere of
harassment is:
a. deposition.
b. summons.
c.request for production.
d.none of the above
Employer privilege statutes apply even when there is intentional misrepresentation.
a. True
b. False