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Mobilink Telecom Inc. deals in the manufacture of mobile handsets. Broadcom deals in
the manufacturing Bluetooth personal area network hardware systems and chips. The
acquisition of Mobilink Telecom Inc. by Broadcom is an example of a _____.
A. vertical merger.
B. horizontal merger.
C. conglomerate merger.
D. geographic market extension merger.
E. freeze-out merger.
Hungry Hogs Corporation, an international hotdog eatery produced a misleading
television advertisement. One of the ads compared the nutritional value of their hotdogs
to the burgers sold by Gobble Up Inc. The ad stated that two hotdogs of Hungry Hogs
contained 30 grams of fat, whereas, one burger of Gobble Up Inc. contained 52 grams.
This ad led to a good consumer response. However, an anti-restaurant political group
filed a complaint with a federal institution. The federal institution issued an order
prohibiting Hungry Hogs from making health-compatibility statements about its
products without scientific evidence. This instance of regulation on advertising of
health-compatibility statements about food products is an example of a limitation on
_____.
A. symbolic speech
B. individual speech
C. overbreadth doctrine
D. commercial speech
E. freedom of thought
Courts of appeal require the parties to file a document containing a description of the
case and its facts and the research benefiting their client's issues. This document is
called a _____.
A. decree
B. res judicata
C. brief
D. pleading
E. extradition
A(n) _____ is an agreement containing mutual promises.
A. unilateral contract
B. quasi-contract
C. express-in-fact contract
D. bilateral contract
E. implied-in-fact contract
Contracts are:
A. legally enforceable promises.
B. always required to be written.
C. a form of a circular.
D. enforceable only in the supreme court.
E. informal agreements.
Roger Fisher, William Ury, and Bruce Patton wrote a seminal book on negotiation titled
_____.
A. ThePrincipledProposition
B. MakingItWork
C. Let'sJustTalk
D. GettingtoYes
E. LettingItGo
Which of the following is true about freedom of speech?
A. It covers both verbal and written communications.
B. It exists to protect the majority from the minority.
C. Its protection relates to private action that restricts our ability to express ourselves.
D. It covers written communications but not conduct or actions.
E. It is an absolute constitutional guarantee.
Which of the following is true of the Federal Arbitration Act?
A. It covers any arbitration clause in a contract that involves interstate commerce.
B. It favors litigation over arbitration in cases where an arbitration clause is ambiguous.
C. It nullifies the rights of parties to litigate disputes if an arbitration clause exists.
D. It ensures that arbitration is used only in federal cases, and not in state cases.
E. It guarantees that all arbitration clauses are irrevocable under any circumstances.
A(n) _____ is the individual or business organization offering a security for sale to the
public.
A. seller
B. controlling person
C. issuer
D. underwriter
E. financial sponsor
Shauna is delinquent on her car loan payment. The debt collector hired by the bank
visits Shauna and verbally abuses her using highly offensive language. Shauna is
annoyed. However, she has suffered no actual damages. Under the Fair Debt Collection
Practices Act, the debt collector:
A. may not be ordered to pay Shauna any money because she suffered no injury.
B. may be ordered to pay up to $1,000 for using obscene language.
C. may be ordered to pay up to $10,000 for having made a house visit.
D. is not liable to Shauna, but the bank that hired the collector is liable to her.
E. is allowed to use intimidatory tactics for habitual offenders.
Under common law, even though an employer is negligent in permitting a hazardous
condition to persist, if the worker is aware of the dangers that exist, he will be unable to
recover damages because of the _____ defense of the employer.
A. assumption of the risk
B. exclusive remedy rule
C. fellow-servant rule
D. proportionate liability
E. shelter rule
If a person acts under the direction of someone accused of criminal activities, this
person might be held responsible for _____.
A. conspiracy
B. endangerment
C. embezzlement
D. aiding and abetting
E. accessory before crime
Which of the following is true about freedom of the press?
A. It is an absolute constitutional guarantee.
B. It refers to the right of the press to print anything it wants with liability.
C. Its preservation cannot be sought through constitutional protections.
D. It excludes communication and expression through electronic media.
E. It is usually construed to prohibit prior restraints on publications.
Josh and Shiela are neighbors. One morning they have a motor vehicle accident.
Amanda is severely injured and suffers $95,000 worth of medical and property
damages. She believes that the accident was Josh's fault and wishes to sue. What would
have to be different in order for Sheila to be able to file an initial complaint against Josh
in a federal court?
A. The amount must be less than $75,000.
B. Josh must have severely injured Sheila.
C. Josh and Sheila must live in different states.
D. Sheila must petition her elected officials.
E. Josh must have been intoxicated during the accident.
An agreement to allocate geographical areas among competitors is called a _______
territorial agreement.
A. bilateral
B. vertical
C. horizontal
D. competitive
E. congeneric
The members of the Equal Employment Opportunity Commission (EEOC) are:
A. appointed by the Senate on the recommendation of the president.
B. appointed by the president, with the advice and consent of the House of
Representatives.
C. elected by the people.
D. appointed by the House of Representatives on the recommendation of the president.
E. appointed by the president, with the advice and consent of the Senate.
The _____ function involves both fact-finding and applying law to the facts.
A. adjudicating
B. advising
C. rule making
D. investigating
E. determining
Customers refusing to leave a store after being asked to do so is an example of _____.
A. trespass
B. assault
C. invasion of privacy
D. conversion
E. battery
Which of the following is true about preemption?
A. When the federal government enacts laws in an area, state laws that conflict are
retained.
B. If a federal law preempts a subject; state law that attempts to regulate it is
unconstitutional.
C. Preemption does not apply to federal statutes.
D. The concept of preemption arises from the contract clause.
E. If a federal law preempts a subject; state law that attempts to regulate it is
constitutional.
If your home is being foreclosed on, you may retain ownership of the property if you
pay the full amount of the debt before the sale. This is called a:
A. right of revision.
B. right of recovery.
C. right to cure deficiency.
D. right of redemption.
E. right to debt forgiveness.
Full-line forcing is a typical form of a:
A. reciprocal agreement.
B. exclusive dealing contract.
C. requirements contract.
D. tying agreement.
E. licensing agreement.
Brandie is facing financial difficulties. Warren wants to help Brandie and tells her that
he will pay her $1,000. But afterwards Warren refuses to pay the promised money to
Brandie. Which of the following statements is correct?
A. Brandie is entitled to the payment because a promise is made and consideration has
nothing to do with the agreement.
B. Warren need not pay Brandie because Brandie did not promise anything in return.
C. Warren must pay the money to Brandie because by promising her the money he has
entered into an implied-in-fact contract.
D. Warren does not have to pay because of the mirror image rule.
E. Warren must pay the money to Brandie because by promising her the money he has
entered into an executory contract.
A lawyer's first duty is:
A. to his or her client.
B. to make money.
C. to defeat the opposing lawyer.
D. to apply law to the facts.
E. the administration of justice.
Under the WARN Act, which of the following constitutes a loss of employment?
A. A transfer leading to reduction in position and pay.
B. Layoff exceeding one month.
C. A reduction in an employee's work time of more than 50 percent in each month for
six months.
D. Extended leave period of more than 10 weeks.
E. A disciplinary notice requiring immediate response from the employee.
Mike is an employee at a company that is unionized. However, it is located in a
right-to-work state. Which of the following is a correct in this case?
A. Mike is required to pay a non-association fee.
B. Mike is required to pay representation fees to the union.
C. Mike is outside the purview of the collective bargaining agreement.
D. The union must handle Mike's grievances, if any, with management.
E. Mike has to enter into an agreement requiring membership in a union as a condition
of continued employment.
Which of the following types of intellectual property can be assigned to the invention of
a plant that can be reproduced asexually?
A. Patent
B. Copyright
C. Trademark
D. Trade name
E. Brand mark
Which of the following is a defense to a charge of trademark infringement?
A. The statutory period protecting the trademark has expired.
B. There is a good chance of the public being confused.
C. The use is for commercial, profitable use.
D. The mark is not distinctive.
E. The mark or symbol is considerably different.
Prohibitions against insiders from engaging in short-swing profits are enforced by the:
A. SEC.
B. FTC.
C. SEC and FTC.
D. issuer of the security or by a person who owns a security of the issuer.
E. issuer of the security or the SEC.
Which of the following statements is true for a paper fortress?
A. It consists of cases of labor violations by an organization.
B. It consists of personnel manuals.
C. It consists of legal injunctions served on an organization.
D. It consists of terms of registration of an organization.
E. It acts as a protection against unjustified employer lawsuits.
An LLC is created through filing the _____ with a state official, usually the secretary of
state.
A. articles of confederation
B. articles of incorporation
C. articles of organization
D. articles of association
E. articles of integration
Daniel purchases a house through Adelaide Loan Co. However, he moves to another
city for work and sells the house to Christopher. Daniel wants to be released from his
payment obligations to Adelaide Loan Co. Which of the following would release Daniel
from this liability?
A. An oral delegation of the payment obligation by Daniel to Christopher will release
Daniel from liability.
B. The sale of the house by Daniel to Christopher involuntarily releases his payment
obligation.
C. A delegation of the payment obligation to Christopher along with a written notice to
Adelaide Loan Co. can release Daniel from liability.
D. A novation in which Adelaide Loan Co. agrees to substitute Christopher for Daniel
will release Daniel.
E. An assignment where Daniel transfers his rights to Christopher will release Daniel
from all his liabilities.
Principals hire _____ to do tasks and represent them in transactions.
A. contractors
B. agents
C. third parties
D. organizations
E. suppliers
