“Negligence in the air” is the standard of liability the Palsgrafcase established.
a. True
b. False
The Superfund is available to private citizens through the filing of a lawsuit.
a. True
b. False
Specific performance is an equitable remedy.
a. True
b. False
The only remedy available for patent infringement is damages.
a. True
b. False
According to the 2012 Corruption Perception Index, which country is perceived as the
least corrupt?
a. Denmark
b. Somalia
c.New Zealand
d.Iceland
Limited partners who act as guarantors for partnership notes lose their limited partner
status.
a. True
b. False
The BFOQ defense to discrimination charges is very broad.
a. True
b. False
States do not have administrative laws.
a. True
b. False
The statute of limitations for an employee to file an EEOC complaint for sexual
harassment is:
a. 90 days.
b. 180 days.
c.two years.
d.none of the above
Under Title VII, an atmosphere of harassment can exist:
a. only if the employer has received complaints.
b. only if acts of quidproquohave occurred.
c.if the employer should have known.
d.none of the above
Who can bring suit to stop action by a federal agency?
a. Another federal agency
b. Citizen and environmental groups
c.Only the company or individual affected by the agency action
d.Only the Justice Department
Which is the proper cite for Executive Orders?
a. CFR
b. USC
c.E.O.O.C.
d.none of the above
A company that self-reports a legal violation risks a higher penalty.
a. True
b. False
Only current landowners are liable for Superfund cleanups.
a. True
b. False
Sharing of profits is primafacieevidence that a partnership exists.
a. True
b. False
The United States has opposition proceedings as part of the patent process.
a. True
b. False
Under Sarbanes-Oxley, audit partners in charge of accounts must be rotated every 10
years.
a. True
b. False
Post-employment non-compete agreements are unenforceable.
a. True
b. False
Flozell Adams is a professional football player formerly with the Dallas Cowboys. He
submitted a claim in arbitration against his agent, Roosevelt Barnes (according to the
terms of their contract for fees and the union rules for settlement of player disputes with
agents). He said Barnes owed him because of overpayment on his contracts that Barnes
negotiated for him with the Cowboys. Adams was notified of the binding arbitration
hearing date.
When he arrived, he said he was unaware of his right to counsel and asked for a
postponement of the hearing so that he could retain counsel. His request was
denied.The arbitrator found for Barnes for the contract for the eight seasons Adams
played for the Cowboys. Barnes did not owe any money to Adams. In fact, the
arbitrator found that Adams owed Barnes fees for his contracts for three of the
Cowboys’ seasons. Adams then filed suit to have the arbitration award set aside because
he said the arbitrator was biased and that the arbitrator ignored the statute of limitations
on some of the contracts. Which of the following best describes what the court can do
about the arbitration award?
a. Arbitration awards can be set aside if the finding is inconsistent with the law.
b. Arbitration awards are rarely set aside.
c.Arbitration awards can be set aside if the losing party feels the arbitrator was biased.
d.Arbitration awards can be set aside only after an actual trial is held.
Jan hires Duncan to act as her agent in acquiring some property for the development of
a new subdivision she is planning that will be an elegant planned community. Jan
instructs Duncan that he is not to say he is working for her or, for that matter, that he is
working for anyone. If Duncan enters into a contract for land for Jan that is the parcel
she wanted:
a. Duncan only is liable on the contract for the purchase of the land.
b. Jan can never be held liable for the land because Duncan acted in his name.
c.both Jan and Duncan are liable on the contract for the purchase of land.
d.it is fraud to conceal the identity of a party to a contract. e. none of the above
There is no apparent authority in an undisclosed principal relationship.
a. True
b. False
Delivery costs based on set points throughout the country are:
a. invalid as a form of price discrimination.
b. valid as a general way of recovering costs.
c.unlawful tying arrangements.
d.none of the above
During the criminal trial for former Governor Fife Symington of Arizona, an elderly
member of the jury told the judge that she felt pressured by the other jurors to find him
guilty. The judge removed the woman from the jury and Governor Symington was
convicted.Which of the following describes the likely result if the governor appeals?
a. There is no reversible error because jury deliberations are not part of the trial or
evidence.
b. There is a reversible error because of the possible prejudice to the governor in the
dismissal of the juror.
c.Appellate courts cannot reverse on questions about jury deliberations.
d.There can be no reversal of the case absent some error in testimony or jury
instructions. e. none of the above
Under the UCC and between merchants, additional terms in acceptance:
a. are part of the contract unless they are material.
b. are part of the contract unless the offer was limited.
c.result in rejection of the original offer.
d.none of the above
A partnership by estoppel arises when actions lead a third party to believe a partnership
exists.
a. True
b. False
Generic brands can carry a lesser price than brand-name products even though identical
in composition without experiencing price discrimination difficulties.
a. True
b. False
The Foreign Corrupt Practices Act applies to all companies doing business abroad.
a. True.
b. False
The U.S. Supreme Court grants certiorari:
a. when state courts do not agree on a decision in similar fact patterns.
b. when circuit courts do not agree on a decision in similar fact patterns.
c.in all cases.
d.only on cases tried in federal court.
Only those who actually signed the registration statement can be liable for a Section 11
violation.
a. True
b. False
Which of the following activities is not covered in the Sherman Act?
a. attempts to monopolize
b. price fixing
c.boycotts
d.price discrimination
What is an ultraviresact?
Partners by implication cannot share profits.
a. True
b. False
Discuss Costco’s accommodation efforts in the Cloutierv.Costcocase.
A gratuitous agency is void.
a. True
b. False
Trailer-on-flatcar (TOFC or “piggyback”) service is a form of mixed train and truck
transportation that enables a carrier to transport a trailer and its contents over rail on a
flatcar and then to haul the trailer on the highway. The shipment remains within the
trailer during the entire journey. The Interstate Commerce Commission (ICC) prohibits
states from regulating this mode of shipment since the ICC has extensive regulations in
the rail and interstate trucking industry. Discuss the constitutional implications of this
decision.
Section 10(b) applies to corporate insiders and tippees.
a. True
b. False
Janice Cohen, an MBA graduate, was interviewing for an account executive position
with an insurance company.
During the course of the interview she disclosed that her husband was in the PhD
program in business at the local university. The interviewer then commented, “Well, I
guess you won’t be staying around here once he gets his PhD.” Janice was not hired and
a male with an undergraduate degree and no experience was hired for the position.
Discuss Janice’s rights under Title VII.
Outline the steps involved in litigation.
Hayley Franken works at Big Burger after school and on weekends. With her heavy
course load, her job and being on the basketball team, Hayley finds that she is simply
worn out most of the time. She has said to her manager at work, ” Sometimes I am not
even sure how I drive myself home because I want to sleep so much.” Hayley worked a
double shift at Big Burger and did not leave until 2 AM, 4 hours beyond her usual
quitting time. On the way home, she apparently dozed off and struck another car
head-on and was killed.Her parents are suing Big Burger for wrongful death. Discuss
the liability issues.
Discuss some similarities of the countries listed as the most corrupt in the 2012
Corruption Perceptions Index.
Gardner-Denver is the United States’ largest manufacturer of ratchet wrenches. Rogers,
a former Gardner-Denver employee, formed D.E. Rogers and began selling ratchet
wrench parts. From 1964 to 1971, the two competed with Rogers charging prices 30
percent below Gardner-Denver’s. In August 1971, Gardner-Denver began a dual price
system: Blue list – discounts for quantities of five or more (blue list parts were largely
Rogers’ parts); white list -non-Rogers’ parts. The blue list was given only to
Gardner-Denver sales reps. A price war followed with Rogers filing an antitrust suit.
Are there any antitrust violations?
The FTC has proposed a series of regulations to require disclosure of repair/accident
history in the sale of used cars. The Classic Car Club believes that historical vehicles
(1960 and earlier) should be exempt from the requirements. What can the club do to
voice its concerns?
Discuss the theories for employer liability on accidents caused by employees falling
asleep when returning home from work.
Discuss the basic requirements for a non-compete agreement.
ABC, Inc.is the manufacturer of a line of bumper stickers and T-shirts that display the
phrase “Sex, Drugs, and Rock & Roll.” Evaluate the ethical posture of the firm.
Guernzey Milk produces canned milk under its label and several grocery-store labels.
The content is the same but the grocery-store labels are sold for less. Guernzey says the
packaging for the grocery store brands is cheaper. Any antitrust problems?