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The "likelihood of confusion" standard is used:
a. in copyright cases.
b. in patent cases.
c.in trademark infringement cases.
d.none of the above
Only consumers have rights of comment during the public comment period.
a. True
b. False
The Age Discrimination Act protects those who are 40 to 75 years old.
a. True
b. False
Copyrights run for the life of the creator plus 50 years.
a. True
b. False
"I was just following orders," is a defense in law and a test for ethical behavior.
a. True
b. False
The Oil Pollution Act applies to cleanups in all navigable waters up to 200 miles
offshore.
a. True
b. False
Jane has been dunned by her creditors for payment of her credit card bills. "But I have
disputes over some of those charges, and I want to go to court under the Fair Credit
Billing Act." One of her creditors points out to Jane that there was an arbitration clause
in the terms and conditions given to her when she was given her credit car
d."Credit card rights are given by federal law. I don"t have to go to arbitration!"
a. Jane is correct; federal credit laws prohibit arbitration.
b. Jane is incorrect; she can be required to go to arbitration.
c.Arbitration applies only to Truth-in-Lending Act issues.
d.none of the above
When skiing, those participating assume the risk of poorly marked trails.
a. True
b. False
Who is liable for a Section 11 violation?
a. directors
b. officers
c.only directors who sign the registration statement
d.both a and b
e. none of the above
Which of the following is not an independent contractor relationship?
a. one between a corporation and its outside legal counsel
b. one between a corporation and its vice president/general counsel
c.one between a lawn service company and a homeowner
d.All of the above are independent contractor relationships.
New members are admitted to an LLC only with approval by a majority of existing
members.
a. True
b. False
Which of the following is a multilateral treaty?
a. a treaty between the United States and Canada on acid rain
b. a treaty between Mexico and the United States on border drug traffic
c. a treaty between England, Japan, and the United States on trade with China
d. none of the above
Employee e-mails can be used to establish criminal intent in prosecution of companies.
a. True
b. False
Misappropriation requires proof of:
a. unauthorized use of a product or process.
b. infringement.
c.an existing copyright.
d.an existing trademark.
Forum non conveniens:
a. is a principle of U.S. justice.
b. is a principle of jurisdiction.
c. can require a case to be sent out of the U.S.
d. all of the above
Which of the following is not a function of OSHA?
a. promulgating safety standards for the workplace
b. conducting random inspections of workplaces
c.responding to employee complaints
d.All of the above are functions of OSHA.
Point-and-click is a valid means of forming a contract if the parties had adequate
knowledge of the terms and conditions of the agreement in advance.
a. True
b. False
Enron's failure to disclose its off-the-book debts was legal. Which of the following
ethical categories do you think apply to that type of financial reporting?
a. balancing ethical dilemmas
b. giving or allowing a false impression
c.taking unfair advantage
d.both b and c
e. none of the above
The International Chamber of Commerce (ICC) is a private court.
a. True
b. False
An "innocent landowner":
a. is one who owned a Superfund site but did not contribute to its contamination.
b. is one whose land value is affected by a Superfund site.
c.Is someone who wants to develop a brownfield.
d.none of the above
A form I-9 is required:
a. of all employees who do not have proof of U.S. Citizenship.
b. of all employees.
c.of all employees who have an accent.
d.none of the above
"Stops assailants dead in their tracks," written on the package for a mace product, is an
express warranty.
a. True
b. False
Which firms are covered under FLSA?
a. hotels
b. retail businesses
c.restaurants
d.All of the above are covered.
The standard for admitting expert testimony in a trial is:
a. the judge must find the expert is reliable.
b. the judge must fine that the expert's testimony is relevant.
c.all expert testimony is admitted.
d.both a and b
Choose the answer with the correct order for administrative agency enforcement
proceedings.
a. charges, consent decree, hearing, appeal
b. charges, information gathering, consent decree, fines
c. charges, hearing, findings and decision, administrative agency decision, judicial
appeal d. charges, hearing, findings and decision, judicial appeal
e. charges, hearing, consent decree, judicial appeal
Which of the following is not a consequence of poor ethical choices by company?
a. loss of reputation
b. loss of earning power
c.additional regulation
d.All of the above are consequences of poor ethical choices.
A lawyer who knows that his client is guilty of a breach of contract:
a. must disclose the information to the court.
b. commits an ethical violation by representing the client.
c.must keep that information confidential.
d.both a and b
Ratification requires full knowledge of the transaction.
a. True
b. False
A law firm in the Phoenix area provides "sick care" for employees' children. Sick care
can be used when the child is too ill to go to school or its regular care facility. The law
firm manager claims the program has cut down on sick days taken by employees to care
for sick children. The program is an illustration of which type of social responsibility
school?
a. inherence school
b. enlightened self-interest school
c.invisible hand school
d.social responsibility school
Opinion and analysis of a person's conduct are not defamation if the underlying facts
are correct.
a. True
b. False
Which type of alleged discrimination typically has the highest number of complaints
filed with the EEOC?
a. Religious
b. National origin
c.Disabilities
d.Race
