JD 451 Final

subject Type Homework Help
subject Pages 8
subject Words 2321
subject Authors Tony McAdams

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Employers who have contracts of $100,000 or more with the federal government or
receive aid from the government must provide drug-free awareness programs for their
employees.
To the deontologist, the end is primary and that end or result is the measure of the
ethical quality of a decision or act.
Raising one's hand as if to strike another even though the blow never transpires
constitutes the tort of assault if the victim reasonably thought herself to be in immediate
danger.
Freedom of speech is absolute.
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The rule of reason refers to the Supreme Court's position that all restraints of trade are
per se unlawful.
Blue sky laws are primarily applicable to solely intrastate offerings.
Consideration is used by the courts to distinguish a contract from a gratuitous promise.
The federal Fair Debt Collection Practices Act (FDCPA) extends to creditors who are
themselves trying to recover money owed to them.
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As part of its program to _____, California began running its own carbon cap-and-trade
program on January 1, 2013.
A. make economic growth and environment protection mutually exclusive
B. increase the limit of the carbon footprint level of vehicles
C. cut greenhouse gas (GHG) emissions to 1990 levels by 2020
D. produce 41 percent more electricity than it had in the 1980s by 2020
Which of the following acts prohibits private individuals and organizations from
intercepting wire and oral communications?
A. The Uniform Electronic Transactions Act
B. The Electronic Communications Privacy Act
C. The Consolidated Omnibus Budget Reconciliation Act
D. The Personal Information Protection and Electronic Documents Act
The Wagner Act:
A. made it clear that the terminology "restraint of trade" was not meant to include labor
organizations or activities.
B. gave workers for the first time the unequivocal right to organize and engage in
concerted activities for their mutual aid and benefit.
C. identified as unfair labor practices certain activities unions used to exercise
economic leverage over employers as part of the collective bargaining process.
D. ensured employers' right to speak out in opposition to union organizing-in effect,
protecting their First Amendment right to freedom of speech.
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By judicial interpretation, the 14th Amendment Due Process Clause:
A. prohibits the taking of private property for public use without "just compensation"
for the owner.
B. gives Congress the power to regulate commerce.
C. absorbs the fundamental liberties of the federal Constitution and prohibits state laws
that abridge fundamental liberties.
D. forbids the establishment of an official state religion and undue state interference
with religious practice.
In the context of lemon laws, a new vehicle would be considered a lemon if it has been:
A. damaged due to negligence on the part of a consumer.
B. returned to the manufacturer or dealer three or four times to repair the same defect.
C. sold by a dealer who is not registered in the state where the vehicle was purchased.
D. stolen and resold to a new buyer.
Which of the following statements is true of vertical restraints?
A. They typically arise from an agreement among competitors themselves.
B. They are to be resolved under the rule of reason.
C. They are per se unlawful.
D. They tend to drive product prices down and quality up.
page-pf5
Which of the following is a defense to monopolization?
A. Price fixing
B. Price discrimination
C. Natural Monopoly
D. Coercive conduct
In an environmental law context, _____ has been considered where crop dusting
contaminated adjacent properties, toxic chemicals were improperly disposed of, and oil
contaminated a nearby water well.
A. trespass
B. strict liability
C. negligence
D. nuisance
A _____ merger involves two or more firms at different levels of the same channel of
distribution.
A. horizontal
B. vertical
C. conglomerate
D. congeneric
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Section 8(a)(5) of the National Labor Relations Act (NLRA):
A. sets out some mandatory subjects over which the parties must bargain.
B. guarantees union members equal voting rights, the right to sue a union, and the rights
of free speech and assembly.
C. lists activities constituting unfair labor practices by a labor organization.
D. requires an employer to engage in good-faith collective bargaining with a
representative of the employees.
Individuals may challenge government environmental decisions, such as the granting of
a permit, and generally demand both governmental and private-sector compliance with
the law in:
A. representative actions.
B. class actions.
C. citizen suits.
D. mass torts.
The employment portions of the Americans with Disabilities Act (ADA) extend to
small businesses with fewer than 15 employees.
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Which of the following is a vertical restraint of trade?
A. Horizontal price fixing
B. Refusal to deal
C. Tying arrangements
D. Dividing territories
The repeated use of electronic media (such as e-mail or chat rooms) to harass or
threaten another person is referred to as:
A. cyberterrorism.
B. spear phishing.
C. cyberstalking.
D. VoIP spamming.
What is the purpose of the Paris Convention, originally signed by 11 countries in 1883?
page-pf8
What are the objectives of law in society?
Explain the purposes of the U.S. Constitution.

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