“Jordache” was a trademark for designer jeans that were popular in the 1980s. A
manufacturer that produced jeans for largersized women named their jean product
“Lardashe” and used a smiling pig as part of its logo with its name. The Jordache
Company brought suit against Lardashe for trademark infringement. Which of the
following best describes how the court dealt with the issue?
a. The court issued an injunction against Lardashe to stop using the name.
b. The court dismissed the claim because there was not a likelihood of confusion of the
brand.
c.The court dismissed the action because a name cannot be a trademark.
d.The court dismissed the action because clothing is not subject to trademark
identification.
Accounting firms must register annually with PCAOB if they want to audit publicly
traded companies.
a. True
b. False
This term is given to witnesses who do nothing while a crime is being committed out of
fear, apathy, or a mistaken belief that someone else will help the victim.
a. Watcher effect
b. Stockholm effect
c.Bystander effect
d.Richmond effect
An employee who is following orders cannot be held liable for any criminal charges
that result from that conduct.
a. True
b. False
Driving with brakes in need of replacement is not a breach of duty.
a. True
b. False
In which of the following situations is an agent liable to third parties?
a. in a situation where there is a fully disclosed principal but only apparent authority
b. in a situation where there is a fully disclosed principal but only implied authority
c.in a situation where the principal is an unincorporated association
d.all of the above
Which of the following is not required for an enforceable covenant not to compete?
a. sale of a business
b. reasonable geographic scope
c.reasonable time limits
d.All of the above are required.
The Code of Federal Regulations is published every business working day.
a. True
b. False
Because of Earl Devaney’s ethical stances as Inspector General for the Department of
Interior he has never held
another position with the federal government.
a. True
b. False
Under Sarbanes-Oxley, every board audit committee must have at least one financial
expert.
a. True
b. False
A due diligence review should be done before property is purchase
d.
a. True
b. False
Child labor protections:
a. are part of FLSA.
b. apply only to children under age 16.
c.both a and b
d.none of the above
A trial court generally has three judges who preside in a case.
a. True
b. False
Jason Ormand was arrested on suspicion of sexual assault. The arresting officers did not
give Jason his Miranda warnings. Jason confesses to the assault. The DNA evidence
taken from the victim shows with 99% certainty that Jason was her attacker.
a. Because of the violation of Jason’s rights in the officers’ failure to give the
Mirandawarnings, the case must be dismissed.
b. The case can still proceed with the DNA evidence.
c. The case can proceed but only with the victim’s testimony.
d.none of the above
Some crimes do not carry a mensrearequirement.
a. True
b. False
A parents’ group and the National Association of Teachers is concerned about the lyrics
on the albums of some rock music groups and has expressed the concern publicly.
Capitol Records adopted a voluntary labeling system that provides warning labels on
albums that contain explicit lyrics about sex, drugs, or satanic worship. Capitol’s action
is an example of a:
a. nonmandated ethical response.
b. waste of shareholder dollars according to Milton Friedman.
c.violation of shareholder rights.
d.none of the above
Laws’ flexibility allow adjustments for technology changes.
a. True
b. False
Workers’ compensation programs are:
a. applicable to injuries in the scope of employment.
b. no-fault programs.
c.supported by FICA.
d.a and b only
The failure to give Mirandawarnings is fatal to a case.
a. True
b. False
Which of the two following groupings of ethical thought would you describe as
opposites?
a. natural law and moral relativism
b. moral relativism and situational ethics
c.natural law and religious beliefs
d.moral absolutes and natural law e. none of the above
The Department of Homeland Security has a cabinet-level head.
a. True
b. False
Constructive notice of termination of an agent is public notice.
a. True
b. False
In which of the following situations does the agent have no liability to third parties?
a. contract entered into with express authority and a fully disclosed principal
b. contract entered into with no authority but later ratified in full by the principal
c.contract entered into for a corporation before the corporation was formed but with full
knowledge and support of the incorporators
d.The agent has no liability in any of the above.
Criminal laws are generally enforced by individuals.
a. True
b. False
Which of the following is correct about Lakes’ policy on emails?
a. The monitoring is overly broad and will not be permitted under federal law.
b. The monitoring is limited to company e-mail messages, but personal email messages
are discoverable.
c.The monitoring policy fits within current legal standards.
d.The monitoring is not permitted.
Which of the following are generic terms?
a. cellophane
b. aspirin
c.thermos
d.All of the above are generic terms.
Under a Freedom of Information Act request, a member of the public can obtain all
information in the files of a federal agency.
a. True
b. False
Craigslist is liable for criminal acts that occur because of connections made between
buyers and sellers using its service.
a. True
b. False
Workers’ compensation systems cover independent contractors.
a. True
b. False
The exceptions for obtaining warrants include evidence in “plain view.”
a. True
b. False