Citations are a form of legal shorthand for referring to statutes, ordinances, and cases.
a. True
b. False
When Hilton Hotels hired Ross Klein and Amar Lalvani from Starwood Hotels, Klein
and Lalvani took many electronic documents with them from Starwood.What they did
was simply good business and presented no ethical problems.
a. True
b. False
Which of the following is not a specialized court in the federal system?
a. tax court
b. bankruptcy court
c.probate court
d.All of the above are specialty courts in the federal system.
Corporation A merges with Corporation B and becomes Corporation
B. The transaction is a:
a. merger.
b. consolidation.
c.tender offer.
d.none of the above
In which of the following areas of constitutional law is the balancing test used?
a. state police powers
b. Congressional regulation of commerce
c. preemption
d. The balancing test is used in all of the above areas of constitutional law.
Which of the following is a violation of the Economic Espionage Act?
a. Downloading your employer’s website program to take to your new job.
b. Sketching your employer’s new trademark to register first.
c.Photographing customer lists of a competitor.
d.All of the above are EEA violations.
A UCC offer is valid with the subject matter stated even though no price is given.
a. True
b. False
A merit review standard is the same as the SEC review.
a. True
b. False
Inspections by administrative agencies require a search warrant unless the business
owner gives permission.
a. True
b. False
The Bipartisan Campaign Reform Act is more commonly referred to as the law.
a. Violence Against Women
b. McCain-Feingold
c. PAC Pre-emption
d. Rainbow Coalition
Which of the following is not a method for forming a partnership?
a. by agreement
b. by estoppel
c.by implication
d.by transfer
Corruption impedes economic development.
a. True
b. False
Which of the following question(s) on a credit application would be a violation of the
Equal Credit Opportunity Act?
a. “Do you plan on getting pregnant within the next two years?”
b. “Have you ever declared bankruptcy?”
c.”Have you ever been convicted of a crime?”
d.All of the above are violations.
To be valid, a complaint must have every fact listed in it.
a. True
b. False
Under the Industrial Espionage Act, which of the following potential penalties is
correct?
a. A corporate fine of up to $1,000,000
b. A fine of up to $1,000,000 for an individual
c.Imprisonment of up to 25 years for an individual
d.A fine of up to $500,000 for an individual
The right-to-sue letter is:
a. EEOC certification that administrative remedies have been exhausted.
b. issued by state agencies to allow the EEOC to become involved.
c.issued only if the EEOC agrees with the employee’s charges.
d.none of the above
Few states follow the doctrine of contributory negligence.
a. True
b. False
NGO officials are included as government officials for purposes of the Foreign Corrupt
Practices Act .
a. True.
b. False
Sovereign immunity protects individual nation’s operations from outside interference.
a. True.
b. False
Venue is the subject matter jurisdiction of a court.
a. True
b. False
Quota programs are permissible under affirmative action.
a. True
b. False
The purpose of the Supremacy Clause is to:
a. resolve conflicts of federal and state law by declaring the federal law supreme.
b. resolve conflicts of federal and state law by declaring state law supreme.
c. allow Congress to preempt all state regulation of interstate commerce.
d. none of the above
Customer preference is a justification for discrimination on the basis of sex.
a. True
b. False
In a disparate impact case, who has the burden of proof in establishing disparate
impact?
a. EEOC
b. defendant
c.plaintiff
d.employer
Bailey’s Brake Service, a bit of an eyesore at a main intersection near the faltering
downtown area of Mesa, Arizona, was a family-founded, owned and operated business
that had been open in its existing location since 1970. Lenhardt’s True Value Hardware
store was also a longstanding Mesa business with a location south and east of Bailey’s
and a desire for a better location as well as a professed desire to revitalize Mesa’s
downtown area. The Lenhardts had purchased the property abutting Bailey’s but felt
that the streetfacing Bailey’s property was necessary for its location, location, location.
The city fathers and mothers were in favor of condemnation of the Bailey use, a taking
by eminent domain, followed by a “reissuing” of the once Bailey property to Lenhardt’s
for its construction of a new and much less eyesoreish retail establishment on the site:
Randy Bailey challenged the taking of his business as unconstitutional. Discuss the
issues in his case and challenge
to the city’s taking by eminent domain.
A bike purchaser who alters the frame of a bike after the purchase and who is injured
because the frame cracks:
a. may not be able to recover from the manufacturer because the product was in a
different condition at the time of the accident.
b. can still recover from the manufacturer because the manufacturer should know that
buyers would alter their bikes.
c.can still recover, but not punitive damages.
d.both b and c
Which act did federal prosecutors use for acts of cyberbullying?
a. Anti-Cyberbullying Act of 2009
b. Computer Fraud and Abuse Act
c.Computer Fraud and Bullying Act
d.Computer Stalking and Bullying Act of 2008
Bribery is an ethical violation, but is not a crime.
a. True
b. False
The purpose of an arraignment is to:
a. issue an indictment against the defendant.
b. set the trial date.
c. provide the defendant with the opportunity to appear before the grand jury.
d.ensure that the Mirandawarnings are given.
Fred Twain sends the following email to Ralph Barnes: “Will sell you my 2006 Audi A4
for $23,500, will carry or take cash. This offer to remain open until November 11,
2007.” Ralph responds, “I know how much you love that car. I”ll think about it.” On
November 12, 2007, Ralph emails Fred and writes, “Fred, I am ready to buy your car.”
Fred responds, “Ralph, I sold the car this morning because I didn”t hear from you.”
a. Fred has breached a contract because Ralph accepted.
b. Fred was required to notify Ralph before he sold the car to someone else.
c.Ralph no longer had the power of acceptance.
d.both a and b
Trade dress:
a. can be protected if there will be confusion.
b. can be protected only if there is a registered trade name or trademark.
c.can be protected if it is distinct.
d.none of the above
There are constitutional and numerical limits on peremptory challenges.
a. True
b. False
Universal Syndication has told television stations and networks that they cannot have
the rights to play The Cosby Show reruns unless they also agree to take packages of
Charlie Chan movies, Tony Orlando and Dawn, and Rin Tin Tin reruns. The stations
and networks complain that Chan movies, Tony, and Rin Tin Tin reruns do not draw
viewers and that they have trouble selling the ad time on such shows. Universal
Syndication’s requirement:
a. is a tying arrangement that is a per se violation of federal antitrust law.
b. is a tying arrangement that may be a violation of federal antitrust law.
c.is one that it is free to impose so long as other syndicators are selling shows.
d.none of the above