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Which is not a role administrative agencies play?
a. rule making
b. enforcement
c. adjudication
d. Administrative agencies play all of the above roles.
Closing arguments are:
a. presented by the judge.
b. part of the jury instructions.
c.presented by the plaintiff's attorney only.
d.none of the above
An acceptance by a merchant in response to an offer by a merchant cannot contain any
additional terms or it will be treated as a counteroffer under the UCC.
a. True
b. False
Which is not a requirement for a merchant's confirmation memorandum?
a. evidenced by a record
b. signed by both parties
c.underlying oral agreement
d.none of the above
Unanimous consent of the partners is required for:
a. confession of a judgment.
b. borrowing money in a trading partnership.
c.signing checks.
d.none of the above
Which of the following job interview questions would be a violation of Title VII?
a. Why did you leave your previous employment?
b. Do you have reliable child-care arrangements?
c.Would you be able to travel two days per week?
d.None of the above is a violation.
Injunctions are equitable remedies.
a. True
b. False
Partnership property:
a. is always personal property.
b. is owned by the partners as tenants in partnership.
c.can be pledged to a partner's personal creditor.
d.all of the above
In a master/servant relationship, the principal is liable for the torts of the agent
committed within the scope of employment.
a. True
b. False
Bankruptcy courts are the only courts in the state or federal system that handle
bankruptcy declarations and proceedings.
a. True
b. False
The state of Arizona has just passed a mandatory seat belt law that will require anyone
traveling in Arizona to put on his/her seat belt. Several travelers from other states that
do not have such seat belt laws have brought suit challenging the constitutionality of the
Arizona law as an undue burden on interstate commerce. What test will the court apply
in reviewing the statute?
a. the apportionment test
b. the impairment test
c. the balancing test
d. none of the above
"I'll take it, but you must deliver," is a valid acceptance.
a. True
b. False
Which of the following is an unfair labor practice?
a. stopping distribution of union flyers off company property during nonworking hours
b. work slowdown
c.strike
d.All of the above are unfair labor practices.
Bernie Ebbers, the former CEO of WorldCom, on trial for securities fraud and other
crimes, offered as his defense that he did not know what his officers were doing.
a. Ebbers' defense is a valid one because there is no intent.
b. Ebbers' defense is a valid one because there is no actus reus.
c. Ebbers can be held liable for the actions of employees.
d.both a and b
A state cannot tax catalogue sales made to residents in the state from firms located
outside the state.
a. True
b. False
Spiegel, Inc., has a catalog merchandise return facility in Nevada. Spiegel employs
many phone operators for processing return requests, and merchandise is returned to the
facility and stored there for later dispatch. The state of Nevada has proposed taxing
Spiegel's full inventory based on the theory that it could have passed through the
Nevada facility. Spiegel's main warehouse is in Chicago, Illinois. Nevada:
a. has the power to tax Spiegel's full inventory because of its location in the state.
b. has the power to tax Spiegel so long as all merchants in Nevada are taxed the same
way.
c. has properly apportioned its tax since it only applies to inventory and not income.
d. does not have the authority under the U.S. Constitution to tax Spiegel's full inventory.
The employer practice of "Googling" job applicants is not prohibited by federal law.
a. True
b. False
The effect of backdating stock options:
a. will increase their value to the grantee.
b. will postpone the booking of the actual costs to the company.
c.is insignificant to the company's financial report.
d.both a and b
The Clean Air Act requires plants to use the maximum achievable control technology.
a. True
b. False
"Moving to the nuisance":
a. means that the nuisance activity must still be stopped.
b. means that there must be compensation for the nuisance-producing party to relocate.
c.means there are no remedies available for the nuisance.
d.is not permitted without an EIS. e. none of the above
A case in which the constitutionality of the USA Patriot Act is challenged would be
brought in state court.
a. True
b. False
Comparative negligence and contributory negligence are the same thing.
a. True
b. False
Quidproquois a form of sexual harassment.
a. True
b. False
The ArizonaDailyDesertViewcarried a story on a recent E-Coli problem in a Phoenix
fast food restaurant. The story included a history of Arizona E-Coli incidents and
indicated that the Saguaro Grill had an E-Coli problem in 1999 that resulted in the
hospitalization of seven customers. Suppose that the restaurant that had the E-Coli
outbreak in 1999 was Saguaro Buffet, not the Saguaro Grill. The
ArizonaDailyDesertView:
a. is liable to the Saguaro Grill for libel.
b. is liable to the Saguaro Grill for defamation.
c.is liable to the Saguaro Grill for invasion of privacy.
d.none of the above.
By law, there are exactly twelve independent agencies that report to the Office of the
President.
a. True
b. False
The either/or conundrum is an example of moral relativism.
a. True
b. False
The tying product is the desired product.
a. True
b. False
Tying arrangements are per se antitrust violations.
a. True
b. False
State antitakeover statutes:
a. generally require additional filings beyond Williams Act requirements.
b. generally deal with corporate governance.
c.are valid only against corporations formed after passage of the law.
d.none of the above
Justices of the U.S. Supreme Court are nominated by the President of the United States
and are confirmed by the
Senate.
a. True
b. False
