Foreign businesses engaging in commercial activity in the United States are not subject
to U.S. antitrust laws.
a. True.
b. False
Corporations cannot make political contributions because of First Amendment
constraints.
a. True
b. False
In mediation, the disputing parties use a third party as a go-between to facilitate
negotiations.
a. True
b. False
The time limit for a defendant to file an answer is:
a. the statute of limitations.
b. two years for personal injury suits.
c.20 to 30 days in most states.
d.four years for contract suits.
The Sherman Act imposes fines and imprisonment for violations.
a. True
b. False
The shopkeeper’s privilege is a defense to false imprisonment if the detention is
reasonable.
a. True
b. False
With respect to the fact pattern in #80:
a. Friendly’s has breached a contract and owes damages to Joan.
b. There is no breach of contract.
c.Joan has no rights of recovery because the contract was required to be in writing.
d.There was no contract, but Joan can recover on the basis of quasi contract.
e. none of the above
Child labor protections are part of FLSA.
a. True
b. False
Which of the following acts prohibits unfair methods of competition?
a. Sherman Act
b. Federal Trade Commission Act
c.Robinson-Patman Act
d.Clayton Act
e. none of the above
Every trial requires a jury.
a. True
b. False
To initiate a lawsuit in the federal court system, the plaintiff would file a complaint in a:
a. federal district court.
b. U.S. Court of Appeals.
c.U.S. Court of Claims.
d.U.S. Tax Court.
RICO applies to:
a. only interstate businesses.
b. officers but not directors.
c. buyers of businesses.
d.all criminal activity.
e. none of the above
Destruction of documents related to the financial reports of a company carries a 20-year
penalty.
a. True
b. False
John Bloomberg and Erick Ashman have been working together to earn money by
doing yard work in residential areas. John collects the payments and has purchased the
equipment the two use, including a lawn mower, edger, and trimmers. After deducting
expenses for gasoline, repairs, and insurance, John gives one-half of the net to Erick.
The two have no agreement about their relationship. Which of the following is correct?
a. John and Erick have a general partnership.
b. John and Erick have a limited partnership.
c.John and Erick have a joint venture.
d.John and Erick have no business structure because they have no agreement.
An enbanchearing is one in which all the judges participate.
a. True
b. False
A local liquor store posts the checks of customers that are returned from the bank. The
store manager says the public display of the checks is a good way to deter other
bad-check writers. The display of the checks is:
a. an invasion of privacy.
b. defamation.
c.protected by a qualified privilege.
d.none of the above
If a case is reversed and remanded, it:
a. is dismissed with no further proceedings.
b. is reversed with no further proceedings.
c.requires additional hearings or determinations at the trial court level.
d.means that the lower court acted unconstitutionally.
e. none of the above
How many states have adopted the Uniform Trade Secrets Act?
a. 50
b. 17
c.28
d.45
Ideas can be copyrighted.
a. True
b. False
GATT is an example of a bilateral trade agreement.
a. True.
b. False
A disclaimer of liability for personal injuries caused by a breach of warranty would be
unconscionable.
a. True
b. False
Keeping two sets of books on employee hours worked and payment made is sufficient
to hold principals liable for an FLSA violation.
a. True
b. False
The First Amendment does not cover corporate ads on ballot propositions.
a. True
b. False
Lenders who repossess Superfund property can never be held liable for its cleanup.
a. True
b. False
Glenda purchased new light shades for her chandelier from Shades Plus. The Internet
description of the shades she purchased was, “These shades fit almost all fixtures.”
When the shades arrived, they could not be placed on the chandelier because they were
too narrow. Shades Plus has refused to take the shades back on a return from Glenda.
a. Shades need not take back the shades because the shades did not have a quality
problem.
b. Shades need not take back the shades because it is not responsible for language on its
Internet site.
c.Shades must take back the shades for breach of an express warranty.
d.both a and b
The Endangered Species Act permits those desiring to protect a species as well as
landowners affected by such protection to challenge a determination of protection for a
species.
a. True
b. False
Which of the following is not a computer crime?
a. unauthorized use of computer equipment
b. alteration or destruction of computer files
c.entering fraudulent data
d.using computers to convert data
e. All of the above are computer crimes.
Mrs. Phillips purchased a glass baking dish manufactured by Anchor Hocking Glass.
She purchased the dish at a Thrifty Drug Store in Mesa, Arizona. Anchor Hocking
manufactures its glassware in Ohio and distributes its products nationally. When Mrs.
Phillips removed the baking dish from her oven (while making a casserole), the dish
exploded and Mrs. Phillips was injured.Mrs. Phillips’ attorney wants to bring a product
liability lawsuit against Anchor Hocking in Arizona. Anchor Hocking does not believe
it can be forced to defend a lawsuit in Arizona since it has no offices there. Can the
Arizona courts take jurisdiction?
Jay Farnswood is the president of a local group of real estate agents. At their monthly
luncheon meeting,
Farnswood stood and told his colleagues that he simply could not survive by charging
the 5 percent commission rate and noted, “I don’t know what the rest of you are going to
do, but I am going to charge 6 percent commission on all my listings starting today.”
Farnswood’s statements:
a. constitute price fixing.
b. only reflect his intentions; there is no agreement to fix prices.
c.constitute an attempt to monopolize.
d.none of the above
The UCC has no timing rules for acceptance.
a. True
b. False
Which of the following would not be price fixing?
a. agreements to limit production
b. agreements to limit competitive bidding
c.agreements to charge the same interest on credit contracts
d.All of the above are price fixing.
Plant closings are always unfair labor practices.
a. True
b. False
Costco violated Title VII in Cloutierv.Costcoby not giving a reasonable accommodation
to one of its employees.
a. True
b. False