There can be infringement of patents, copyrights, trademarks, trade names and trade
dress.
a. True
b. False
McCain-Feingold refers to the Bipartisan Campaign Reform Act of 2002.
a. True
b. False
Warrants are not required in cyberspace.
a. True
b. False
Suggested retail prices sent to retailers by the manufacturer constitute:
a. resale price maintenance.
b. price fixing.
c.a violation of the antitrust laws if the suggested prices are enforced.
d.none of the above
State regulation of commerce is controlled by both the commerce and supremacy
clauses.
a. True
b. False
If a major company buys one subscription to a journal for all of its employees to copy
and share, the company:
a. is not liable for anything under the fair use doctrine.
b. is liable for infringement.
c.is not liable for infringement, but is liable for a trade secret violation.
d.is not liable because this is clearly an educational use.
Karen Bartlett was given a generic version of Sulindac, an anti-inflammatory drug. The
result was that she developed toxic epidermal necrolysis, a disease that disfigured and
blinded her. She brought suit alleging that there were warnings that should have been
put on the generic version of the drug because issues with the skin infections were
being reported. However, the manufacturer to Sulindac did not have FDA approval to
place the warning on the product. The jury awarded Ms. Bartlett $21 million, and the
generic manufacturer appealed the decision. Which of the following theories would be
the best approach for the generic manufacturer to take in order to have the verdict
reversed?
a. The Commerce Clause
b. Preemption
c. Due process because of the excessive size of the verdict
d. Substantive due process
Wexler Corporation has established a new policy on employee e-mails. The policy
reads: “All e-mail sent using the company server is the property of the company and is
not private. Supervisors and managers shall have the right to review such e-mails.
Inasmuch as the company is liable for e-mail content, it reserves the right to review it.”
The policy:
a. is an example of private law.
b. is an example of statutory law.
c.is an example of constitutional law.
d.is never enforceable.
e. none of the above
Post-employment non-compete agreements are void.
a. True
b. False
The overseas Private Investment Corporation is an insurer against expropriation.
a. True.
b. False
There are no formal requirements for forming a sole proprietorship.
a. True
b. False
Members of Congress enjoy an absolute privilege for their speech while on the floor.
a. True
b. False
Voluntary reporting of criminal violations reduces a company’s fines under the federal
sentencing guidelines.
a. True
b. False
In “cite 15 U.S.C.sec.77,” the 15 represents:
a. page number.
b. volume number.
c.the session of Congress when enactment occurred.
d.none of the above
Which of the following would not be considered a security under the 1933 Act?
a. limited partnership interest
b. bonds
c.pension fund
d.Subchapter S corporate stock
ERISA:
a. requires all employers to have a pension plan.
b. dictates the types of investments employers can make with pension plan funds.
c.regulates employer-sponsored pension funds.
d.none of the above
The implied warranty of merchantability requires proof that the buyer was relying on
some language when he or she made the purchase of the good.
a. True
b. False
Which is not a mandatory subject matter for good-faith bargaining?
a. seniority
b. insurance
c.pension plans
d.strike vote
e. All of the above are mandatory subject matters.
The media have a qualified privilege in defamation cases.
a. True
b. False
“Point and click” is not sufficient for acceptance under UETA.
a. True
b. False
In 2012, the highest paid CEO was paid slightly more than $96 million in
compensation.
a. True
b. False
Emma Samuels is a resident of St. Johnsbury, Vermont. She was injured in an auto
accident when a resident of Burlington, Vermont, struck her car from behin
d.Emma wishes to bring suit to recover her medical costs and the costs of repair to her
car. Emma’s suit:
a. is properly brought in federal court in Vermont because the drivers were residents of
different cities.
b. is properly brought in Vermont’s general trial court.
c.is properly brought in U.S. Court of Claims since two U.S. citizens were involved.
d.none of the above
What is the process of evaluating property prior to purchase called?
a. An EIS
b. Due diligence
c.Nuisance abatement
d.BAT or MACT
The purpose of anti-retaliation statutes is to protect:
a. employers from whistle-blowing employees.
b. government agencies from suit in the event a private employer is investigated
because of an employee’s claim.
c.whistle-blowing employees.
d.none of the above
The Noerr-Penningtondoctrine:
a. is an exception to price fixing.
b. is based on First Amendment rights.
c.does not provide protection even when the action is a sham for anticompetitive
behavior.
d.all of the above
Since it is an educational use, a college professor may reproduce any works for course
packs for the students in the
professor’s classes.
a. True
b. False
In nonattainment areas, the EPA has the authority to:
a. impose construction moratoriums.
b. require NPDES permits.
c.halt all federal funds.
d.none of the above
With what area of the law is there tension as the courts deal with cyberbullying issues?
a. Privacy
b. First Amendment rights
c.Interstate commerce
d.all of the above
Under both UCC and common law, a counteroffer:
a. must be accepted by the original offeror.
b. is effective upon mailing or dispatch.
c.is also a rejection.
d.none of the above
A contract to solicit subscribers through pop-up Internet ads is considered a good under
the UCC because it is a list of names.
a. True
b. False
Seniority and merit systems are void under Title VII.
a. True
b. False
The use of company e-mail by union organizers remains an unresolved issue.
a. True
b. False
The spouse of a credit applicant must disclose his or her credit information if the credit
application is for the
applicant’s business operations.
a. True
b. False
Employers are vicariously liable for the sexual harassment of their employees.
a. True
b. False