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Competition among Colgate, Crest, and Aim toothpastes is:
a. intrabrand competition.
b. interbrand competition.
c.controllable through resale price maintenance.
d.none of the above
Express warranties cannot be disclaimed.
a. True
b. False
Directors A and B of a large, publicly traded company filed advance reports of their
plans to sell stock. Such advanced filed plans allow directors and officers to sell shares
without having to worry about whether they have inside information at the time of the
sale. The dates for their sales are locked in for one year. Directors A and B have,
however, encouraged the CEO to announce a boost in sales and revenues prior to the
quarterly financial statement release because such an announcement would allow the
information to go public and thereby allow them to sell their shares, according to their
prior-approved plan, at a much higher price. Which of the following is correct?
a. Directors A and B have engaged in insider trading.
b. Directors A and B have violated their fiduciary duty as directors by requesting the
advance announcement.
c.Directors A and B have violated Section 16(b).
d.Directors A and B have not violated 10(b).
A company is liable for a design defect in its product only if:
a. it was aware of the design defect.
b. the design defect has caused a previous injury.
c.there was negligence in the product testing.
d.none of the above
Changes in laws that are made because of changes in technology illustrate which
characteristic of law?
a. consistency
b. pervasiveness
c.flexibility
d.none of the above
Employee e-mails cannot be obtained through discovery processes in litigation against
the company because of Fifth
Amendment protections.
a. True
b. False
Cheong Choon Ng, the owner of Rainbow Loom, developed a rubber-band jewelery
making kit that has a distinctive trade dress C-shaped clip that allows kids to connect
loops of rubber bands to form bracelets. The looming technique in the kit dates back to
the 1800s when the technique of looping knits was called Brunnian Links. Mr. Ng says
he developed the C-Clip as he watched his daughters trying to make bracelets out of
tiny rubber bands. After three years of enjoying a monopoly on a hot-selling craft item,
Mr. Ng faced competition from FunLoom. Mr. Ng
has filed suit against FunLoom for copying the C clip in its craft kit for the rubber band
bracelets. Which of the following statements by the owner of FunLoom would be the
best avenue for defense against the infringement suit by Rainbow Loom?
a. "Our clip is larger."
b. "It works the same, but it isn"t the same. It just looks like it."
c."Is a loom something new and novel? It isn"t."
d."This issue should be decided by competition, not the courts."
On appeal, respondent is another name for appellant.
a. True
b. False
A motion for summary judgment is appropriate only if there are no issues of fact.
a. True
b. False
A collective bargaining unit:
a. must be exclusively within one business.
b. must consist of workers who perform the same functions.
c.is determined by the union.
d.none of the above
Give an example of the type of law found at each level of government noted:
a. U.S. Constitution
b. congressional enactments
c. state legislation
d. federal administrative regulations
All states have a general trial court of original jurisdiction.
a. True
b. False
Commercial bribery is only criminal for the recipient.
a. True
b. False
Under the federal sunshine laws, agency staff members may hold meetings without
notice.
a. True
b. False
Hamburger Hamlets, Inc.is a chain of fast-food restaurants. Its major competitor is
Sam's Sandwiches, Inc.Sam's Sandwiches' public relations vice president issued the
following statement, "We have documented proof that Hamburger Hamlets uses horse
meat in its burgers." Which of the following statements is true?
a. Sam's is liable for defamation.
b. Sam's is liable for public disclosure of private facts.
c.Sam's is liable for negligence.
d.Sam's has not committed a tort.
Running a red light is a breach of duty for negligence purposes.
a. True
b. False
Ratification of a contract by a principal releases the agent from all liability to the third
party.
a. True
b. False
Proof of negligence in product design or manufacture allows recovery of punitive
damages.
a. True
b. False
The Pension Reform Act changed both the funding and accounting requirements for
employer-sponsored pension plans.
a. True
b. False
The Industrial Espionage Act applies to all company information taken without
permission.
a. True
b. False
Partners' personal assets:
a. cannot be reached by partnership creditors.
b. cannot be reached by partnership creditors unless partnership assets are exhausted.
c.can only be reached by personal creditors.
d.none of the above
Which of the following is not an element of disparagement?
a. untrue statement
b. publication
c.damages
d.intent to injure
e. All of the above are elements.
Ads can be a basis for an express warranty.
a. True
b. False
The mensrearequired for theft is:
a. intent to take the property permanently.
b. intent to borrow the property.
c. general intent to commit a crime.
d.none - strict liability crime.
e. none of the above
Professor Winona Wright has just read an article in Fortunemagazine about issues in the
Enron bankruptcy. She wishes to share it with her class that morning and makes 50
copies to distribute to them. Professor Wright:
a. has infringed Fortune'scopyright.
b. has utilized the fair use exemption under copyright law.
c.has done nothing in violation of copyright law because magazine articles are not
protected under copyright law.
d.none of the above
Retaliatory conduct against an employee who files a complaint is prohibited under
OSHA.
a. True
b. False
Patents are:
a. 20-year legal monopolies.
b. good for the lifetime of the inventor plus 50 years.
c.not protected by any federal statutes for infringement.
d.none of the above
The trial transcript, trial evidence, and appellate briefs are generally not available to the
appellate court.
a. True
b. False
Jake Barnett was injured at work one day when the forklift he was operating
malfunctioned.The forklift was new, having just been purchased by Jake's employer one
month prior to his accident. Jake wants to recover for his medical bills, lost wages and
pain and suffering.
a. Jake can file suit and recover from his employer.
b. Jake can file suit and recover from the forklift manufacturer.
c.Jake can file suit and recover from the forklift manufacturer, but he will first have to
reimburse his employer for any workers' compensation benefits.
d.Jake has no right of suit against either his employer or the forklift manufacturer. e.
none of the above
Picketing is a permissible economic weapon.
a. True
b. False
