Which of the following is not a purpose of law?
a. keeping order
b. influencing conduct
c.promoting equality
d.providing compromises
e. All of the above are purposes of law.
Which of the following parties would be liable for the clean-up costs at an
EPA-designated Superfund site?
a. current owner
b. immediate past owner
c.owner responsible for the toxic waste disposal
d.all of the above
Formal rule making requires publication of proposed rules.
a. True
b. False
Express authority must be in writing.
a. True
b. False
Jane Erroll has applied for a position with Lakes Distribution Company. When Jane
arrives for her interview she is asked several questions about events and photos that
were posted on her Facebook page. Jane has an open setting on her Facebook page so
that it is publicly available. Jane apparently did not provide sufficient explanations for
what was posted on her Facebook page and does not get the job despite being qualified
for the position. Which of the following statements is correct about Jane’s experience?
a. The employer’s conduct violated federal law.
b. As long as the employer looked at all the job candidates’ Facebook pages, the
employer has not violated any federal laws.
c.Jane must give her consent before the employer can look at her Facebook page.
d.The employer has violated the Stored Communications Act.
NAFTA applies only to goods that originate in the U.S., Mexico, and Canada.
a. True.
b. False
Zoning laws are substantive only.
a. True
b. False
Warren Buffett follows the Front-Page-of-the-Newspaper test as a guide for his
businesses.
a. True
b. False
To be patentable, an idea must be which of these?
a. Obvious
b. Intangible
c.Useful
d.All of the above
States are primarily responsible for the enforcement of the Safe Drinking Water Act.
a. True
b. False
Negligence is available as a tort remedy only when the breach of duty is a statutory
violation.
a. True
b. False
Which of the following is true of a sole proprietorship?
a. A separate tax return must be filed.
b. It is not a business entity.
c.There is no personal liability for the owner.
d.none of the above
The Sonny Bono Copyright Extension Act does not apply to films.
a. True
b. False
Several retirement funds that own shares in News Corp., Inc., have filed suit against
Rupert Murdoch, the chairman of the board and CEO of News Corp., alleging that Mr.
Murdoch had the board approve the purchase of his daughter’s company for $675
million. Part of the purchase deal included putting Murdoch’s daughter on the News
Corp. board.Which would be the best theory for recovery by the retirement funds?
a. Insider trading
b. Violation of the corporate opportunity doctrine
c.Violation of the business judgment rule
d.Breach of fiduciary duty
Hawkin and Snead is a partnership located in South Dakota that specializes in
documentary films. Hawkin and Snead feel that they need additional capital to expand
and their personal assets are fully tapped.The partners envision a sale of common stock
shares only to South Dakota residents and they need about $10,000,000. They also
realize that their pool of investors is large, but shallow. That is, they can recruit many
potential share purchasers, but their investment amounts will be small. They feel they
do not have the money for a national offering and full- blown SEC registration. Which
of the following exemptions will suit Hawkin and Snead’s needs best?
a. a Rule 504 offering
b. a Rule 505 offering
c.a Regulation A offering
d.an intrastate offering
e. none of the above
Actor Gerard Depardieu moved to Belgium in order to avoid having to pay French
taxes of nearly 75% on his income, thereby denouncing his French citizenship. Mr.
Depardieu wishes to avoid which of the following by denouncing his citizenship and
living in Belgium?
a. Repatriation
b. Extradition
c. Expropriation
d. Sovereign immunity
Cynthia Fromm and Delores Rankin left after their fall semester finals for a four-day
skiing trip in Northern Arizona. During their return drive, they hit a severe snowstorm
and were having difficulty with directions. They took a wrong turn onto a road that is
closed during the winter months and is not plowed.The winter barricades for the road
were not yet in place. Fromm and Rankin were soon stuck in the snow. They remained
in their vehicle for 11 days until they were rescued by snowmobilers. Both had severe
frostbite. Fromm lost both feet. Rankin lost all of her toes. Both filed suit against the
state of Arizona for its failure to put up barricades in a timely fashion. Should the state
be held liable?
Which of the following is not regulated by the Clayton Act?
a. interlocking directorates
b. mergers
c.tying sales
d.monopolization
e. All of the above are regulated by the Clayton Act.
Substantive due process rights:
a. no longer exist.
b. have been changed to procedural due process rights.
c. are found in criminal procedure statutes.
d. prevent laws that take property without reason and justification.
To qualify for an intrastate offering exemption, the shares must contain transfer
restrictions.
a. True
b. False
Exceptions to the warrant requirement include:
a. RICO violations.
b. plain view doctrine.
c. no available magistrate.
d.records under the FCPA.
There are state laws, but no federal laws, concerning cyberbullying.
a. True
b. False
The employment-at-will doctrine prohibits the firing of nonunion or noncontract
employees.
a. True
b. False
Knockoff goods are:
a. goods carrying a trademark without authorization.
b. goods manufactured in excess of the permission granted by the trademark holder.
c.permitted after the five-year period for trademark registration expires.
d.none of the above
The European Union:
a. is a trademark registration organization.
b. eliminated tariff protections for its members in 1992.
c. is an international court of justice.
d. none of the above
What is the effect of a consent decree?
a. The agency’s charges are dismissed with no sanctions.
b. The party makes no admissions as to conduct.
c. There is still judicial appeal from a consent decree.
d. It is no longer available under the Regulatory Flexibility Act.
e. none of the above
Today, courts follow a policy of caveat emptor in handling product liability cases.
a. True
b. False
The U.S. Lacey Act prohibits U.S. businesses from importing products from other
countries when those products are illegal in that country. For example, when it was
originally passed, U.S. hat manufacturers were importing feathers from countries where
the harvesting of those resources was illegal. Based on an investigation, the U.S. federal
government believed that Gibson Guitar has imported ebony wood from Madagascar,
and the harvesting of ebony wood is prohibited in Madagascar. The U.S. Fish &
Wildlife Service arrived at Gibson Guitar headquarters and requested access to all of its
records. The next two questions are based on this fact scenario.
Under federal law, Gibson is:
a. Not subject to searches and seizures by a federal regulatory agency, only law
enforcement officials. b. Required to allow entry or can demand a search warrant and
then must allow entry.
c. Not subject to federal law enforcement because the wood is imported from another
country. d. Required to allow the search and no warrant is required.
The public policy exception to employment at will does not afford protection for
whistle-blowers.
a. True
b. False
What of the following could be protected as a trade secret?
a. chemical formula
b. supply chain management system of a company
c.customer list
d.All of the above are examples of trade secrets.
Discuss why the peer review procedure is successful in some companies.
What are the differences between arbitration and mediation?
Trevor Jones accepted a summer internship with Hailey & Thomas, a management
consulting firm. The negotiations and offer were all oral. Hailey & Thomas’ managing
partner did send a letter with the following language:
Welcome to Hailey & Thomas. We are looking forward to working with you. When you
arrive in New York, please call me so that we may help you locate lodging for the
summer.
Discuss whether Trevor has a contract and if he has sufficient proof of its existence.
Also discuss whether the agreement needed to be in writing.
Discuss the ethics of Toyota delaying its recall on vehicles with sudden unintended
acceleration problems.
J. Rooney is Chairman of Rooney, Pace Group, Inc.and has decided to acquire stock in
Pantry Pride. Rooney is able to purchase 7 percent of the stock in October 1984. Is
Rooney subject to any SEC requirements? Discuss.
Rex Crim is an International Harvester dealer from Henderson, Texas. At the request
and expense of International Harvester, Crim traveled to Phoenix, Arizona, for purposes
of the demonstration of a new vehicle called the International Scout, designed to
compete against the Jeep. Crim went to the proving grounds in the desert around
Phoenix and spent a day watching the vehicle demonstrations. Crim and other dealers
drove the vehicles and much dust resulted from their driving. A few weeks later Crim
became ill with flu-like symptoms. He was finally diagnosed as having
coccidioidomycosis or “Valley Fever.” Valley Fever is a disease well known to Arizona
residents and most have had it if they have lived there over ten years. Newcomers are
particularly vulnerable to the disease since the exposure to dust seems to build up
immunity among the residents.
Crim became quite ill and brought suit against International Harvester for its failure to
warn him about the Valley Fever phenomenon before he came out to the testing
grounds. Was International Harvester responsible for warning Crim? Is there negligence
in the failure of International Harvester to warn Crim?
During the late 1980s, a number of homeowners purchased satellite dishes in order to
gain access to all forms of television programming (without the additional costs of
cable and cable access fees). The pay-TV channels then scrambled their signals, and the
owners find that their satellite dishes offer them no more stations than regular TV.
Discuss the ownership rights in this situation. Were the satellite dishes an ethical and
legal issue when they were sold to the homeowners in the first place?
Discuss the potential penalties under the Industrial Espionage Act.
List three ways your case would properly be within the jurisdiction of the federal
district court.
When would a business selling merchandise over the Internet be required to defend a
lawsuit in a state in which it had no offices?
A limited partnership can exist by implication.
a. True
b. False
Discuss why administering a personality test to potential employees may be risky.
The 2009 Corruption Perceptions Index lists Denmark as the least corrupt country.
a. True
b. False
Explain the jurisdiction of courts within one nation over businesses from other nations.
Jan Lesh was able to gain access to the federal government’s records on student loans
and loan repayments. Lesh changed his loan balance from $8200.00 to $2800.00. Lesh
then repaid the $2800.00 and received his notice of payment in full. Has Lesh
committed any crimes?