The Pension Reform Act requires all employers to have pension plans for their
employees.
a. True
b. False
Notice of a proposed federal regulation in The Federal Register need not contain:
a. the name of the proposing agency.
b. the statutory authority for promulgating the rules.
c. the environmental impact of the proposal.
d. the language or the proposed rule or a summary.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996:
a. increased the number of crimes that constituted grounds for deportation.
b. was declared unconstitutional.
c.increased the defenses to deportation.
d.none of the above
A proxy is valid only for 11 months.
a. True
b. False
The NLRA established the NLRB as the enforcement agency for labor laws.
a. True
b. False
Drug testing of employees is a violation of the FLSA.
a. True
b. False
A deposition can be used at trial.
a. True
b. False
Which of the following is not a source of international law?
a. custom
b. treaties
c.private law
d.Code of Federal Regulations
The Wagner Act is the National Labor Relations Act.
a. True
b. False
Which of the following models has a question that requires analysis of the effect of a
decision on stakeholders?
a. Blanchard/Peale
b. WallStreetJournalmodel
c.Does the conduct comply with the law?
d.all of the above
Enron’s offthebook financings consisted mostly of LLCs and LLPs.
a. True
b. False
Emma Smith is currently unemployed.She was offered a position as a retail clerk but
she would have to work on Saturdays – a day she considers to be the Sabbath as a
member of the Seventh Day Adventist Church. After refusing the position, she is denied
unemployment compensation. Which of the following statements is true?
a. The denial was proper since refusal to accept employment is a basis for denying
benefits.
b. The denial was proper because her reason for refusing employment was arbitrary.
c.The denial was proper because she has the opportunity to work.
d.none of the above
The Taft-Hartley Act is the Labor Management Relations Act.
a. True
b. False
The Fair Credit and Charge Card Disclosure Act prohibits issuing credit cards without
the consumer’s consent.
a. True
b. False
The ADA mandates employer expenses for reasonable accommodations for employees
with disabilities.
a. True
b. False
Ralph Watkins is the president of Animal Crackers, Inc. Animal Crackers operates
childrens’ clothing stores. Ralph has just received notice of charges by the Federal
Trade Commission (FTC) against Animal Crackers for deceptive advertising. Watkins
wishes to know the company’s rights. Which of the following statements is true?
a. Animal Crackers is entitled to a jury trial.
b. Animal Crackers could dispose of the matter through a consent decree.
c. Animal Crackers is facing criminal charges.
d. Animal Crackers will have a 30-day comment period.
Insurance companies are not liable for CERCLA clean-up.
a. True
b. False
Lawyers for corporations are not required to reveal investigations of misconduct in the
corporation to the CEO.
a. True
b. False
Today, courts require privity of contract for recovery in product liability cases.
a. True
b. False
The failing company doctrine is an exception to horizontal merger restrictions.
a. True
b. False
A request for admission that is refused and later proved can carry a penalty of recovery
of attorney’s fees.
a. True
b. False
Palming off:
a. is what occurs with gray market goods.
b. is a tort that has no remedy.
c.occurs when one seller recreates another seller’s product.
d.can occur only with copyrighted properties.
Which of the following securities sales must be registered?
a. a sale of $450,000 in shares to 2,003 residents of Oklahoma and Arkansas
b. a sale of $10,000,000 in shares to 353 U.S. residents
c.a sale of $50,000,000 in shares to 10 institutional investors located around the United
States
d.a sale of $50,000,000 in shares to 10,000 residents of Arizona by a company doing
business only in Arizona
e. All of the above must be registered.
“Car dealers are crooked” is an example of actionable defamation.
a. True
b. False
Under which act was the EIS developed?
a. Clean Air Act
b. National Environmental Policy Act
c.Clean Water Act
d.Toxic Substances Control Act
e. all of the above
Stewart Parnell, the former CEO of the now-bankrupt Peanut Corporation of America,
was charged with falsifying food safety reports required by the FDA. The reports
certified that his peanut base product was salmonella free.
In some cases, the tests were not yet complete when the certification was done and in
other cases the tests indicated the presence of salmonella. The following four questions
are based on this factual situation.
Mr. Parnell and others formerly with the company had their charges issued through a
grand jury. Which of the following would have been issued?
a. Indictment
b. Information
c. Subpoena
d.Warrant
An employee who is asked to take company cash to the bank on his lunch hour is not in
the scope of employment during that lunch hour.
a. True
b. False
Knock-off goods are the same as gray market goods.
a. True
b. False
The first question of the WallStreetJournalmodel is whether the conduct complies with
the law.
a. True
b. False
Ellen Fishman was hired by Attics, Inc., a company that does attic refurbishments and
redesigns, to evaluate attics,provide homeowners with estimates, and, hopefully, sign
them up with contracts for their attics. Ellen provided an estimate of $11,000 to the
Kornbluths for a redesign of their attic.Because she was new at the job, Ellen forgot the
demolition costs in the estimate. However, the Kornbluths signed a contract Ellen
presented and put down a 10% deposit of $1100. Attics, Inc.’s president has refused to
do the attic for anything less than $15,000, what the estimate should have been. The
Kornbluths have no experience with remodeling and had only one other estimate for the
refurbishment, which was $12,500. Attics, Inc.terminated Ellen. However, Ellen still
had all the materials, books, contract forms, and her card from Attics, Inc.Ellen went
out and got three homeowners to sign contracts for refurbishments for prices ranging
from $15,000 to $22,000. Attics, Inc.:
a. need not perform any of the contracts because Ellen lacked authority.
b. need not perform any of the contracts because the termination ended all of Ellen’s
authority.
c.must perform on the contracts because Ellen had lingering apparent authority.
d.both a and b
On Monday, Sam’s Computer Company wires Bob’s Computer Mart, “I have two IBM
XT’s for sale for $1700 each. You pay cost of shipping.” Bob received the offer on
Monday afternoon and wired back, “You have a deal.
30 days same as cash.” On Tuesday morning Sam called to revoke the offer. On
Tuesday afternoon Sam received the wire. Sam says there is no contract and Bob says
there is. Who is correct?
What agencies are responsible for enforcement of regulations on the environment?
Appraisal rights are given only to dissenting shareholders.
a. True
b. False
As you contemplate the purchase of a computer that has been a store demonstrator, the
manager of the store says, “Look, take it. If it turns out to have problems, I’ll take it
back.” Would the store manager have the authority to
make this promise?
Discuss the differences between public and private law.
Hospitals in Arizona, New Mexico and Colorado are regulated on their emergency
room fee schedules by a state hospital emergency room boar
d.The board consists of representatives from all of the hospitals in the state. The board
meets twice each year and establishes the prices for emergency room care. The states
have assumed a regulatory oversight rule because of the need for universal access for
emergency care. The prices charged for emergency room care in these 3 states exceed
the average charges in California, Utah, Nevada, Idaho, Oregon and Washington.
Patients who experience the higher charges in Arizona, New Mexico and Colorado are
concerned about the higher rates. Discuss any legal rights and remedies they may have.
Discuss the scope of the Endangered Species Act.
Betty Furnish owns a consignment furniture business that she wishes to expand to
several other cities. She does need capital to be able to do so and needs to raise $1
million. Betty says she cannot afford a full SEC registration. Can you offer Betty some
suggestions for raising the capital?
Arbitration proceedings have less stringent evidentiary standards than trials.’
a. True
b. False
Explain how the EPA uses the “bubble concept.”
X-ron Perfume is sold only in one major department store for each city. X-ron will deal
only with one department store and will not sell to other stores. Are there any antitrust
violations with this arrangement?
Discuss CEO concerns regarding CEO compensation.
Kirk Daly, a 36-year-old attorney, was killed when his Buick Opel collided with some
metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed
between 50 and 70 mph. After the collision, the car spun and the driver’s door flew
open. Daly was ejected from the car and sustained fatal head injuries. Had the door
stayed closed, his injuries would have been relatively minor. Daly was not wearing his
seat belt. Discuss the negligence theory for recovery in the suit Daly’s widow has
brought against General Motors, the makers of the Buick Opel. Also discuss any
defenses General Motors might have.
The FDA has proposed rules that would classify cigarettes as a medical device and
thereby severely restrict the types of advertising that could be used. What forms and
types of feedback would the tobacco companies have during the rule-making process by
the FDA?
Discuss the ways a business could challenge a promulgated agency rule.
What additional disclosures must be made in credit transactions in which the debtor’s
home will serve as security for the loan?
Diagram a typical state court system.
Jane DeRonnee had carpet installed in her home and the carpet is not flat to the floor. In
fact, it has so many
waves that she and her friends and guests have been tripping over certain areas of her
home. She has tried to have the carpeting fixed and has asked both the carpet retailer
and the installer to solve the problem They have both refuse
d.Walk Jane through the correct court system for her case. Explain to her where and
how to take her case. Also explain to her what happens if she loses a case along the
way.