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Evidence obtained from an illegal search may not be used against the defendant. This is
called:
A.flower of the unlawful fruit.
B.fruit of the poisonous tree.
C.bloom of the illegal bush.
D.sticker of the criminal shrub.
Which of the following is not an exception to the employment-at-will doctrine?
A.the employee is working under an express employment contract
B.the employee is working under an implied employment contract
C.the employee's termination violates a public policy or statutory right
D.the employee is terminated but has received excellent evaluations and the employer
cannot articulate a reason for the dismissal
In Keeton v. Hustler Magazine, the New Hampshire court determined that:
A.mere regular circulation of a magazine is insufficient alone to create jurisdiction if no
physical presence of the defendant can be shown in the state.
B.regular circulation of a magazine is sufficient to establish jurisdiction in a defamation
case because of the potential for injurious effects of defamatory articles even without an
otherwise physical presence of the defendant.
C.Hustler, due to its pornographic nature loses constitutional protections and is subject
to personal jurisdiction based on fundamental fairness for the plaintiff.
D.regular circulation of a magazine is considered a physical presence in a forum state
due to the tangible nature of the magazine itself.
What is the purpose of the Paris Convention?
A.extend national patent rights to foreign inventors who have patents in their home
country
B.place limits on the items that are able to be protect under trademark laws
C.set requirements for filing for copyrights in foreign jurisdictions
D.standardize requirements for filing for trademarks around the world
Alice has inherited twenty-one acres of land in Alaska. Since she has no urge to visit
Alaska she has never seen the land. Ron and Jane have moved onto the land and erected
a home. They have started using the land and have even fenced much of it in. There is
no mortgage on the land and Alice doesn't receive a tax bill because Ron and Jane pay
the yearly taxes. After the statutory period in Alaska has run, Ron and Jane would
become the owners of the land.
Franchisors must provide written disclosures about the franchise at least ________
before contracts or letters of intent are signed or any monetary investment takes place.
A.10 days
B.20 days
C.30 days
D.45 days
Angelina hires Brad to drive a truck to a depot 200 mile away. She specifies the route
that he is to take and tells him to be sure to arrive by 5:00 pm. On the way, Brad finds
himself nodding off due to hunger. He checks the time and finds that he has plenty of
time to make the 5:00 pm deadline so he decides to stop at a diner that he is familiar
with. The diner is ¾ of a mile off of the route that Angelina had specified. Brad does not
call Angelina to ask for permission. On the way to the diner, Brad runs a light and has a
collision with Billy Bob. Billy Bob sues Angelina.
A.Angelina wins because Brad was on a detour, freeing her from liability
B.Angelina wins because Brad was on a frolic, freeing her from liability
C.Angelina loses because Brad was on a detour, so she is liable
D.Angelina loses because Brad was on a frolic, so she is liable
In H. Carl McCall, Trustee of the New York Common Retirement Fund, et al.,
Derivatively on Behalf of Columbia/HCA Healthcare Corporation v. Scott, suit was
brought claiming a breach of their fiduciary duties by the board with regard to alleged
fraudulent billing practices. The board defended by citing the corporate charter which
limits the liability of directors for breach of duty claims as long as they did not act in
bad faith. The court determined that:
A.an inclusion in the charter limiting liability for fiduciary duties owed is void as it is
against public policy.
B.the board lacked the necessary experience to understand the nature of the practices
but did not act in bad faith so the charter inclusion would act to shield the board from
liability.
C.the board ignored direct and indirect signs pointing to the fact that fraudulent
practices were occurring and their failure to investigate breached their duty of care.
D.the shareholders suit was improper as a derivative action and needed to be filed as a
direct action.
In U.S. v. Microsoft the appellate court reversed the finding of the district court that:
A.Microsoft fundamentally employed illegal anticompetitive means to maintain and
further their monopoly the operating systems market.
B.Microsoft should be broken apart.
C.Microsoft business practices were a per se violation of the Sherman Act.
D.Microsoft did not employ illegal anticompetitive means to maintain and further their
monopoly of the operating systems market.
Which of the following does not result in a decision rendered by the hearing officer?
A.arbitration
B.mediation
C.med-arb
D.using expert evaluators
Who is the bankruptcy trustee a representative of?
A.the debtor
B.the creditors
C.the court
D.the state
Which of the following is a form of vicarious liability?
A.respondeat superior
B.disgorgement
C.repudiation
D.ratification
What does going through the process of accord and satisfaction do?
A.it prevents a creditor from suing while the business is revising its business model
B.contract terms with creditors are renegotiated, releasing the debtor from liability by
settling debt
C.it prevents creditors from filing for involuntary bankruptcy
D.it discharges debt
Pierre and Fritz have an oral agreement to ship goods from Switzerland to Quebec,
Canada. If the UNCISG applies:
A.there is no contract to ship the goods because it is not in writing.
B.there is no contract to ship the goods because Pierre and Fritz are not both European.
C.the oral agreement is binding only if the goods are shipped and received without
protest from either party.
D.there may be a contract depending on the totality of the circumstances.
In a shipping contract, the risk of loss passes to the buyer when:
A.the contract is signed or finalized.
B.the goods are delivered to the carrier.
C.the goods are delivered to the buyer.
D.the goods are in route and at least half way to the buyer.
Which president is known for leading the antitrust reform movement?
A.Theodore Roosevelt
B.Harry Truman
C.Woodrow Wilson
D.Franklin Roosevelt
In which of the following situations will the court enforce a contract?
A.Tinker offers to sell his car to Evers. Evers asks for some time to decide and Tinker
gives him until 6:00 pm. At 4:00 pm Evers sees Chance driving the car and is told that
Tinker sold it to him. Evers calls Tinker at 4:30 pm and says "I accept".
B.Jan offers to sell his boat to Dean. Dean asks for 24 hours to decide and Jan agrees.
At midnight, the boat sinks although neither Jan nor Dean knows it's sunk. Dean calls
Jan before the 24 hours is over and says, "I accept".
C.Martin offers to sell his horse to Lewis for $1,000. Lewis replies that $1,000 is too
much and says "I'll give you $850 for her". Martin says no and Lewis replies, "Okay, I'll
give you $1,000.
D.Fred offers to sell his car to Wilma. Wilma asks for more time and Fred says you may
have until 10:00 am the next morning. Wilma gives Fred $50 for him to keep the offer
open to her that is nonrefundable. Fred dies during the night and after hearing that Fred
died, Wilma calls Fred's heirs at 9:00 am the next morning and accepts Fred's offer.
The FTC publishes a rule regulating TVs and Blu-Ray DVD players for public
comment but revises it to include traditional DVD players also. Should the FTC
republish the revision?
A.no because the new rule is more limited than the original proposal
B.no because there is generally no legal obligation to provide an additional comment
period
C.no because it was a logical outgrowth of the original rule
D.no, there was no need for publication of the original rule
Lindsay is Jon's manager and calls him into her office after everyone else has gone
home for the day. She closes the door and tells Jon that he is a thief and that he must
return items that he stole from the company. In fact, Jon is extremely honest and has
never stolen anything in his life. He is extremely upset and starts to feel sick.
A.Lindsay has committed libel
B.Lindsay has committed disparagement
C.Lindsay has committed slander
D.Lindsay has not committed a defamation tort
In Smith v. Van Gorkom, the court had to determine whether the business judgment rule
protected board members who permitted the sale of a significant amount of stock by the
retiring chairman of the board at an undervalued price devaluing the company. The
court stated each of the following except:
A.normally, the board of directors is entitled to give some weight to statements made by
their chairman regarding the valuation of stock.
B.the board in this case had the expertise to make decisions without consulting outside
experts but just made a poor decision.
C.failing to review the agreement to sell the stock showed a lack of care.
D.failure to do a valuation analysis of the company showed that the board could not
have been working with all appropriate information to render a proper decision.
Rule 16 of the '34 Act defines an insider as an officer, director or shareholder who owns
________ or more of the company's total stock.
A.5%
B.10%
C.15%
D.20%
Generally, the agent's duty to keep an accounting means that the agent must:
A.keep records, receipts and other documentation of costs or income for the principal.
B.be able to verify the exact number of hours acting within the scope of employment.
C.prepare tax returns for the principal pertinent to the agent's financial activities.
D.be able to account for any and all of the principal's funds when they are comingled
with the agent's or anyone else's funds.
In Hadley v. Baxendale, when Hadley sued because Baxendale took unnecessary time to
get a crankshaft repaired causing Hadley's mill to close for an extended time, the court
found:
A.Baxendale owed Hadley compensatory damages because the mill was shut down for
an extended time directly as a result of Baxendale's delayed delivery.
B.Baxendale owed Hadley consequential damages because the mill was shut down for
an extended time as a result of Baxendale's delayed delivery and the shutdown was a
foreseeable indirect result of Baxendale's delay.
C.Baxendale did not owe Hadley consequential damages because the extended closing
time was not foreseeable despite Baxendale's delay in delivery.
D.Baxendale did not owe Hadley either compensatory or consequential damages but
did owe punitive damages due to the unreasonable delay in delivery.
The Truth in Lending Act applies to credit extensions made to:
A.consumers.
B.commercial banks.
C.merchants.
D.businesses.
Which of these is not a requirement for disclaiming a warranty?
A.statutory authorization
B.a conspicuous writing
C.explaining why the warranty is being disclaimed
D.including the word merchantability if merchantability is to be disclaimed
Disability benefits are provided to eligible workers pursuant to the:
A.National Labor Relations Act.
B.Family Medical Leave Act.
C.Social Security Act.
D.Occupational Safety and Health Act.
Which of the following is a tactic used by employers?
A.wildcat strikes
B.lockouts
C.secondary boycotts
D.grievances
The Computer Software Copyright Act defined computer software programs as a:
A.literary process.
B.literary system.
C.literary operation.
D.literary work.
Which of the following is not an example of a trademark lost, or in danger of losing
protection, due to its becoming a generic term?
A.Kleenex
B.Band-Aid
C.Ford
D.Aspirin
After over 100 years, the Chicago Cubs have won baseball's World Series. They want a
parade down Michigan Street at 10:00 am on Friday and the City tells them that the
parade will be down Rush Street at noon on Saturday. The city claims that Rush Street
on Saturday will provide more safety and convenience for the city's citizens. The Cubs
claim a violation of their freedom of speech. If a law suit ensues, what standard of
review will the court use to resolve the issue?
A.rational basis scrutiny
B.intermediate-level scrutiny
C.strict scrutiny
D.no particular form of scrutiny is required in this situation
Punishment damages are called:
A.nominal damages.
B.consequential damages.
C.punitive damages.
D.compensatory damages.
Discuss the early motivations for enacting antitrust laws.
An ________ is a professional in the securities market that agrees to facilitate the sale
of stock to the public for a fee.
Two car manufacturers entered into a joint venture to consolidate their efforts to create
more fuel efficient vehicles. The manufacturers agreed to split the expenses and profits
from the joint venture equally. If an antitrust violation is alleged, what standard would
be used to evaluate the manufacturers' actions?
What is meant by the concept that title to personal property and title to real property
provides the owner a bundle of rights?
A patent pertaining to an invention is called a ________ patent.
________ are those who start up an LLC initially.
A basic fact or assumption in a contract is said to be ________ to the contract.
Explain what the reasonably prudent person standard is and how it applies to
negligence.
The bank is considering making a loan on a piece of property that is home to a chemical
factory. There is no evidence of any contamination but the bank is concerned about
being liable if there is a chemical spill. Should they be concerned?
An agreement between the government and a party that details conditions and
compliance measures that a party will follow in exchange for the government not filing
suit is called a _____.
Your school is negotiating with another school to run a joint program. The other school
is not sure that your college can handle the increase in students and tells your
administration that they will join the joint program initiative if your college increases its
faculty. Based on this offer, two full time tenure track faculty are hired. Soon afterward
the other college decides that they have chosen not to participate in the program and
ends negotiations. What rights does your school have?
Vertical restraints are restrictions where one company colludes with a ________
company.
Donald is the president and CEO of Formerly Fat Inc., a health and diet company that
promotes weight loss through their "revolutionary" feast and famine diet. The diet calls
for eating anything you want on Tuesdays and Thursdays with fasting on Mondays,
Wednesdays and Fridays. On weekends, food is limited to one big lunch each day.
Formerly Fat has a celebrity spokes person who claims she and all her Hollywood
friends swear by this diet and the company has infomercials running on television
constantly. On a Friday afternoon, Donald is called by a reporter who asks if he's
concerned that the New England Journal of Medicine, one of the most respected and
prestigious medical journals in the country, is about to publish an article on Tuesday
documenting that numerous practitioners of this diet suffer from serious medical
problems and that three deaths have occurred relating to the diet. The article's authors
will be calling for an investigation and eventual ban on advertising and promotion of
the diet. Donald laughs and claims the article will be challenged and shown to be
inaccurate. As soon as he hangs up he calls his wife who has the company stock in her
name for liability reasons and his brother saying, "I just got word that the company is in
trouble and we will have problems soon. Sell your stock immediately." On Monday
morning, his wife and brother sell all of their holdings. On Tuesday the article is
published and by Wednesday the stock value is down 40%. Discuss this situation.
An employee group with mutual interests and goals that is an appropriate unit for
negotiating union contracts is called a ________ unit.
A discretionary order issued by the Supreme Court and other federal courts granting a
request to argue an appeal is called a _______.
Unsecured creditors give loans based on ________ without collateral.
Explain the doctrine of respondeat superior and how it applies to a principal's liability.
The ________ Commission is responsible for preventing unfair and deceptive acts or
practices in commercial transactions.
