The functions of the National Transportation Safety Board, like those of other federal
adminisÂtrative agencies, include
a. adjudication.
c. declaration.
b. enunciation.
d. pronunciation.
Answer:
Sales & Revenue, Inc., discovers that defamatory statements about its policies and
products are being posted in an online forum. TransWeb Inc., the Internet service
provider whose users are posting the messages, refuses to disclose the identity of the
person or persons responsible. Sales & Revenue files a suit against the anonymous
users. The plaintiff can obtain from TransWeb the identity of the persons responsible for
the defamatory messages by
a. using the authority of the court.
b. gaining unauthorized access to TransWeb’s servers.
c. deceiving TransWeb into revealing the posters’ identities.
d. no legal or illegal means.
Answer:
Oakes enters Parnell’s property to read an electric meter. Parnell asks Oakes to leave.
Oakes refuses. Oakes has most likely committed
a. trespass to land.
b. trespass to personal property.
c. slander of title.
d. no tort.
Answer:
Robyn, an employee at Social Media, Inc., is laid off. Before he leaves, he e-mails
Social Media’s marketing campaign to Tweets & Trades Corporation, Social Media’s
competitor, without permission. This is
a. a sneaky but legal method of competing with a business rival.
b. a secretive but lawful way to exact revenge on a supervisor.
c. a simple, legitimate attempt to create a job opportunity.
d. a theft of trade secrets.
Answer:
In making business decisions, Ridgeline Utility Service Company and other
corporations should strive to be ‘good citizens’ by evaluating
a. the legal implications of each decision.
b. the public relations impact.
c. the safety risks for consumers and employees.
d. all of the choices.
Answer:
Coffee Klatch Party Group, a political organization, files a claim to challenge a
Delaware statute that limits the liberty of all persons to broadcast ‘annoying’ radio
commercials. This claim is most likely based on the right to
a. equal protection of the law.
b. privacy.
c. procedural due process.
d. substantive due process.
Answer:
Steel Production Industries, Inc., employs five hundred workers. For the Occupational
Safety and Health Administration, Steel Production must do all of the following except
a. keep occupational injury and illness records for each employee.
b. report any work-related diseases.
c. report any employee death due to a work-related incident within eight hours.
d. pay employees higher wages for working in more dangerous areas.
Answer:
Memphis Music Makers Inc.’s stated purpose is to sell musical instruments. If chief
executive officer Neal contracts with Open Season Firearms in Memphis Music’s name
to sell a shotgun, he has likely committed
a. an ultra vires act.
b. a de facto act.
c. a de jure act.
d. a legal act.
Answer:
Chord Guitars Inc. sells guitars and other stringed instruments to consumers. A Chord
salesperson says to a potential customer, ‘This Chord is the best guitar you’ll find
anywhere, even online.’ This statement is
a. an implied warranty of fitness for a particular purpose.
b. an implied warranty of merchantability.
c. an express warranty.
d. none of the choices.
Answer:
Megan, an agent for a department store, orders one hundred dresses from Sal’s Clothing
Shop for the Spring Blossom Sale. There is no specific agreement in the sale contract
indicating when title will pass to the department store. The title will pass to the
department store when
a. Megan signs the contract.
b. Megan and the Sal’s Clothing Shop agent sign the contract.
c. Sal’s Clothing Shop physically delivers the dresses to the department store.
d. Megan pays Sal’s Clothing Shop for the dresses.
Answer:
Uri and Veda each own one-half of Wind Power, an alternative energy products
company, as a tenant in common. Uri sells his interest to Xavier, who now owns
a. no interest in the firm.
b. the firm in fee simple.
c. the firm with Veda as joint tenants.
d. the firm with Veda as tenants in common.
Answer:
Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain
circumstances. The ARA will be considered valid if it directly advances a substantial
government interest
a. and goes no further than necessary to achieve its purpose.
b. without regard to how ‘far’ it goes.
c. and the parties affected by it can elect how ‘far’ to go in applying it.
d. and goes further than necessary to ensure full coverage.
Answer:
Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb
and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to
Dufy on a negligence theory because
a. both parties were emotionally rattled.
b. Caleb apparently did not intend to cause an accident.
c. Duffy must have been comparatively negligent.
d. Duffy was not injured.
Answer:
During a union election campaign, Auto Body Paint & Repair, Inc., prohibits on-site
solicitations by any party, including Mechanics Union, which is seeking the workers’
unionization. This violates
a. federal labor law.
b. federal elections law.
c. federal employment discrimination law.
d. no federal law.
Answer:
Oklahoma enacts a law requiring all businesses in the state to donate 10 perÂcent of
their profits to Protestant churches that provide certain services to persons whose
income is below the poverty level. Price-Lo Mart files a suit to block the law’s
enforcement. The court would likely hold that this law violates
a. no clause in the U.S. Constitution.
b. the establishment clause.
c. the free exercise clause.
d. the supremacy clause.
Answer:
Jane enters into a contract with Jill to provide 100 roses for a dinner party. Jill fails to
deliver the roses. Jane initiates a suit against Jill, asking the court to order Jill to refund
Jane’s payment. Jane is
a. the plaintiff.
b. the defendant.
c. the binding authority.
d. the persuasive authority.
Answer:
Omni Corporation provides cell phones, laptops, and tablets for its employees to use ‘in
the ordinary course of its business.’ Omni intercepts the employees’ business
communications made on these devices. This is
a. a violation of the rights of Omni’s employees.
b. a matter for which Omni must obtain its employees’ consent.
c. a subject for dispute resolution by the communications providers that Omni uses.
d. excluded from the coverage of the Electronic Communications Privacy Act.
Answer:
Nature’s Products, Inc., sends its standard order form to Omni Distribution Corporation
to evidence a sale of packing materials. Omni responds with its own standard purchase
order form. Additional terms in the purchase order automatically become part of the
contract unless
a. the terms materially alter the original contract.
b. the original offer expressly required acceptance of its terms.
c. the offeror objects to the new terms within a reasonable time.
d. any of the choices.
Answer:
Under the doctrine of respondeat superior, a principal may be liable for any harm that
his or her agent causes to a third party.
Answer:
The federal criminal code lists more than four thousand criminal offenses, all of which
require a specific mental state.
Answer:
The law governing limited liability companies is uniform.
Answer:
Originally, the only goal or duty of a corporation was to maximize profits.
Answer:
A license permits the use of another’s intellectual property for certain purposes.
Answer:
The Americans with Disabilities Act of 1990 defines persons with disabilities as
persons with physical or mental impairments that ‘substantially limit’ one or more
everyday activities of the affected individuals.
Answer:
All securities transactions must be registered with the Securities and Exchange
Commission’”there are no exemptions.
Answer:
Few agency rules require considerable compliance reporting from regulated entities.
Answer:
A principal has a duty to cooperate with the agent and to assist the agent in performing
his or he duties.
Answer:
When outrageous conduct consists of speech about a public figure, the First
Amendment’s guarantee of freedom of speech limits emotional distress claims.
Answer: