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A suit against Wal-Mart alleges that only 14% of its store managers are women, but
70% of its hourly workers are women and 85-90% of its customer service managers are
women. What will the plaintiffs need to establish that Wal-Mart has violated Title VII?
a. That Wal-Mart has an adequate pool from which to draw female store managers.
b. That Wal-Mart has engaged in disparate treatment.
c.That the labor market is one-half female.
d.all of the above
At the U.S. Court of Appeals:
a. there is a trial by jury.
b. there are three judges.
c.witnesses are permitted to testify.
d.all of the above
Article III of the U.S. Constitution establishes the judicial branch of government.
a. True
b. False
Inpersonamjurisdiction is not an issue when one of the parties is from another country.
a. True
b. False
A pizza deliverer who is in an accident while en route to deliver a pizza for a restaurant
has:
a. no liability for the accident.
b. the only liability for the accident if he was driving his own car.
c.liability along with the restaurant for the accident.
d.none of the above
Which of the following is not part of the CARD provisions on transfer of credit card
balances?
a. Limits on how quickly credit terms can be changed following the transfer.
b. Additional disclosures on transfer fees.
c.Limits on transfer fees.
d.Prohibitions on additional transfers by the card holder.
A limited partnership interest is not considered a security.
a. True
b. False
Which of the following is correct about Lakes' policy on Tweets?
a. The monitoring is overly broad and will not be permitted under federal law.
b. The monitoring is limited to company e-mail messages, but personal email messages
are discoverable.
c.The monitoring policy fits within current legal standards.
d.The monitoring is not permitte
d.e. a, b, and c
The European Union:
a. was disbanded by GATT.
b. is an organization of European countries.
c.has established trade barriers.
d.has strict customs controls among the members.
Depositions are generally taken in the courtroom.
a. True
b. False
The United States has about as many or fewer administrative agencies as does its major
trading partners.
a. True
b. False
Proof that a manufacturer was aware of a defect in its product but did not correct it is
proof of negligence.
a. True
b. False
Which of the following is an example of a law that provides compromises?
a. curfews
b. antitrust laws
c.traffic laws
d.union/management laws
An ultravireschallenge to an administrative regulation is one brought on the grounds of
procedural error.
a. True
b. False
The plaintiff is the only party in a suit who can counterclaim.
a. True
b. False
Which of the following is/are generic term(s)?
a. Band-Aid
b. Jell-O
c.Aspirin
d.All of the above are generic.
Which is the proper cite for the Code of Federal Regulations?
a. CFR
b. USC
c.USCFR
d.none of the above
The use of someone's photo for commercial purposes without their permission is
appropriation.
a. True
b. False
A consent decree is:
a. comparable to a not guilty plea.
b. comparable to a nolo contendere ple
a. c. a guilty plea to agency charges.
d. not made public.
"I"ll make good on my employee's promise," is an example of a ratification.
a. True
b. False
Fair trade contracts:
a. can no longer be allowed by the states.
b. are contracts that prohibit exclusive distributorships.
c.are permissible between manufacturers and retailers.
d.none of the above
So called "soft money" donations are protected under the First Amendment.
a. True
b. False
In some states, unanimous jury verdicts are not required.
a. True
b. False
ERISA applies:
a. to any medical, retirement, or income-deferral plan.
b. to businesses with three or more employees.
c.only to employees not seeking Social Security benefits.
d.none of the above
Which of the following is effective upon mailing or dispatch?
a. offers
b. rejections
c.counteroffers
d.revocation
e. none of the above
Compliance with the law meets all ethical standards.
a. True
b. False
Vertical mergers are:
a. mergers between competitors.
b. mergers between buyers and sellers.
c.per se violations of antitrust laws.
d.none of the above
At which of the following procedures may a defendant present evidence?
a. initial appearance
b. trial
c. grand jury
d.appeal
Due process rights before an administrative agency require that formal trials be held
before rights are taken away.
a. True
b. False
The United States does not have working requirements as part of its patent process.
a. True
b. False
A defense to tying is quality control.
a. True
b. False
For international labor practices, the U.S. Department of Labor recommends:
a. a code of conduct.
b. monitoring of subcontractors.
c.more uniform standards across countries.
d.all of the above
Only the general partner in a limited partnership has personal liability.
a. True
b. False
An affirmative action plan is invalid unless approved by a federal district court.
a. True
b. False
Discuss investors' concerns regarding CEO compensation.
Trust is not critical to investment or economic success.
a. True
b. False
Describe the role of jury selection consultants.
In a consolidation, a new firm is established.
a. True
b. False
Many school buildings constructed from 1930 to 1970 had asbestos insulation in them.
Presently the schools are undertaking a massive program to replace the insulation and at
substantial cost. Could the schools turn to asbestos manufacturers for recovery of the
costs? What if students who were exposed to the asbestos during the time they attended
the schools develop asbestosis or lung cancer? Where can the students turn?
Discuss the ruling and the importance of Citizen"sUnited.
What is the difference between implied authority and apparent authority?
The due diligence defense to Section 11 is difficult to prove.
a. True
b. False
The Community Trademark is the European Union's one-stop registration system.
a. True
b. False
Section 11 of the 1933 Securities Act imposes liability for the failure to file a
registration statement.
a. True
b. False
A homeowner is plagued with smells and dirt from a nearby factory. Suggest
appropriate remedies.
Susan McIntyre is employed by the Huff Corporation as a crane operator. During the
course of operating the crane, Susan was injured when the cable swung back and
shattered the glass in the operating booth. The investigation revealed that Susan was
operating the crane improperly. Can Susan still recover for her injuries? How?
Barnes & Noble faxes to Woodchip Publishing Company on May 1, 2002 the
following:
Please ship immediately six copies of NOBODY FIXES REAL CARROT STICKS
ANYMORE. Price: $6.00 Shipping: $2/book
Woodchip ships six books with an invoice as follows:
Six NOBODY FIXES REAL CARROT STICKS ANYMORE @ $6.00 = $36.00
Shipping and Handling = $6.00
Is there a contract?
In arbitration, the parties develop the proposed list of arbitrators.
a. True
b. False
Blue Cross, a medical insurer, publishes lists of "usual, customary, and reasonable"
rates for medical services. Blue Cross insureds can then shop for medical services to be
certain they are fully covered.A physician who charges rates higher than Blue Cross
alleges there is a combination in restraint of trade to force him out of business and a
price-fixing conspiracy. Is he right?
Given deregulation in several major industries, why has the total amount of regulations
still increased virtually every year?
Describe the role of the London Commercial Court.
The Alabama Attorney General recently filed suit in federal court in Montgomery,
Alabama, alleging that Maytag secretly reconditioned defective microwave ovens at its
Magic Chef plant in Anniston, Alabama; altered their serial numbers; and sold them as
new. Janis Cooper, a vice president for Maytag, says the company is reviewing its
procedures at the plant and that Maytag "considers the trust of our customers very
important." Regardless of whether the allegations are true, what problems will Maytag
experience as a result of the incident?
Short-swing profit rules apply only to officers and directors.
a. True
b. False
