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Robert is about to graduate from his university and his parents tell him that because he
is the first member of the family to graduate college, they want to buy him a new but
inexpensive car. They have the money to buy the car and Robert is excited to get his
gift. On graduation day, his parents tell him that they have decided to use the car money
for a vacation and there will be no car.
A. Robert can successfully sue based on promissory estoppel.
B. Robert can successfully sue based on the promise of a gift.
C. Robert cannot sue because the promise was not reasonable and would not support
promissory estoppel.
D. Robert cannot sue because he did not suffer any legal detriment in the receipt of the
promise.
E. Robert can sue since the promise is his legal benefit and he suffered legal detriments.
For a name to be trademarked:
A. it must be listed on the principal register for five years without being challenged.
B. it must be listed on the secondary register for five years and have acquired a
secondary meaning.
C. it must be listed without restrictions and the trademark owner must notify the PTO
every year that the trademark is still in use.
D. the PTO will not accept descriptive terms for trademark protection.
E. it must be listed on the principal register for one year and on the secondary register
for five years.
A school in the state of Connecticut does not allow students to pray or maintain even a
moment of silence in the school premises. Which of the following first amendment
protections is this school providing?
A. Freedom of speech
B. Freedom of religion
C. Freedom of the press
D. Freedom of expression
E. Freedom of symbolic speech
Under the 1933 Act, proof of intentional violation is usually required to impose:
A. criminal sanctions only.
B. criminal or civil sanctions.
C. criminal and pragmatic sanctions.
D. criminal, civil, and equitable (injunctive) sanctions.
E. pragmatic sanctions.
Administrative agencies are needed to provide specificity to:
A. refer a problem or area to experts for solution and management.
B. protect the public, especially from the business community.
C. replace competition with regulation.
D. develop detailed rules and regulations to carry out a legislative policy.
E. provide services, having been arisen out of necessity.
A private citizen can:
A. report violations of environmental law to the EPA, but cannot act directly.
B. sue polluters through governmental agencies to enforce compliance with
environment law.
C. sue public agencies, like EPA, to force the adoption of regulations.
D. sue businesses, but not the government, to enforce rules under environmental
statutes like the Clean Air Act and the Clean Water Act.
E. resort to intimidatory tactics against polluting industries.
In addition to proving a case or controversy, what must the plaintiff prove to have
standing to sue?
A. Power of attorney
B. A personal stake in the resolution
C. At least $100,000 in damages
D. Gross negligence
E. Pain and suffering
_____ is used in the context of international law as the seizure of foreign-owned
property by a government.
A. Nationalization
B. Possession
C. Power of eminent domain
D. Export Controls
E. Expropriation
_____ refers to the power of a court, at the state or federal level, to hear a case.
A. Activism
B. Res judicata
C. Power of attorney
D. Voir dire
E. Jurisdiction
Economic growth depends "in particular on the rule of law" which is a "lodestar for all
countries." Why?
A. Rule-of-law nations adopt laws supporting the private market because it is in
everyone's interest, including the lawmakers'.
B. It distinguishes lawmakers as being above the rule of law.
C. It allows special interest groups to benefit at the expense of others.
D. It adopts laws supporting the growth of the public markets over private markets
increasing economic growth of nations.
E. It removes the power of the courts and creates an autocratic regime where businesses
can freely invest and economic growth is high.
If a corporate entity is disregarded by officers or directors so that there is such a unity
of ownership and interest that separateness of the corporation has ceased to exist, the
corporate veil may be pierced based on the:
A. alter-ego theory.
B. negligent conduct theory.
C. corporate confusion theory.
D. corporate envelopment theory.
E. corporate doppelganger theory.
The University of Dover and Dover University are bitter cross-town rivals. They
compete in everything from sports to academics. The schools, because of shrinking
enrollment, make an agreement to give all incoming students free tuition for one
semester before raising the existing rates the following semester. This action would be
considered:
A. a horizontal agreement in violation of the Sherman Act.
B. a vertical agreement in violation of the Sherman Act.
C. a tying agreement in violation of the Clayton Act.
D. a reciprocal dealing agreement violating the Clayton Act.
E. a licensing agreement violating the Clayton Act.
The dispute in a jurisdictional strike is between:
A. the employee and the union.
B. two employees.
C. the national and local chapters.
D. two unions.
E. the government and the union.
Which of the following remedies is used in fraud or misrepresentation cases?
A. Arbitration
B. Rescission
C. Consequential damages
D. Liquidated damages
E. Specific performance
The Fifth Amendment provides in part that no "person shall be subject for the same
offense to be twice put in jeopardy of life or limb." This is known as the _____.
A. exculpatory clause
B. double jeopardy clause
C. defendant protection clause
D. specific crime clause
E. double trial clause
When you purchase an item from Victoria's Secret, they place the item in a paper bag
with handles that feature horizontal pink and white stripes. Even without seeing the
words Victoria's Secret on the bag, many people recognize that the purchase is from
Victoria's Secret. The bag's coloring and design is considered:
A. trade dress.
B. a certification mark.
C. a collective mark.
D. a service mark.
E. a trademark.
Which of the following is true of trade dress?
A. It refers to the utility and nonobviousness of an invention.
B. It can be protected under law even without a registration.
C. It is not protected from being copied under law since it is not identified with a
particular product.
D. The law protects it from being copied as long as it is distinctive.
E. The law protects it only in case of certain products and services. The law protects
trade dress from being copied as long as it is distinctive. If it is distinctive and
registered, the law protects it even without proof that the public has come to identify the
trade dress with a specific source.
Which of the following torts consists of the publication of untrue statements that
disparage a business owner's product or its quality?
A. Assault
B. False imprisonment
C. Trespass
D. Battery
E. Injurious falsehood
Which of the following functions allows an agency to gather and compile information
concerning the organization and business practices of any corporation or industry
engaged in commerce to determine whether there has been a violation of any law?
A. adjudicating
B. advising
C. rule making
D. investigating
E. determining
Employers were prohibited from firing employees for union activities under the:
A. common law.
B. Fair Labor Standards Act.
C. Labor-Management Relations Act.
D. Labor Rights Act.
E. WARN Act.
Injurious falsehood is sometimes called:
A. false imprisonment.
B. duress.
C. trade disparagement.
D. trade discouragement.
E. battery.
The outcome of mediation:
A. is binding on all parties.
B. can have no impact on dispute resolution in any way.
C. is a legal finding that may be used in court if the dispute proceeds to litigation.
D. helps point out weaknesses in a case without an actual trial.
E. is a necessary precursor to arbitration.
The concept of _____ recognizes that each level of government has a separate and
distinct role to play.
A. feudalism
B. imperialism
C. federalism
D. statocracy
E. fascism
When an individual commits an act with the intent to obstruct the legislative process or
a judicial process, he/she is guilty of _____.
A. larceny
B. an overt act
C. obstruction of justice
D. fraud in judicial process
E. conspiracy
The Celler-Kefauver amendment that plugged the stock versus asset loophole in the
Clayton Act applies to:
A. only corporations.
B. only partnerships.
C. corporations and partnerships.
D. corporations, partnerships and sole proprietorships.
E. only sole proprietorships.
Which of the following is an example of larceny?
A. A person caught for shoplifting.
B. A shoplifter threatening the manager with a gun.
C. A person breaks into a shop to steal but is unable to do so.
D. A cashier of a store steals money from the cash register.
E. Two people partner to rob a neighbourhood store.
For control purposes, the Clean Air Act amendments divide air pollution into the
categories of _____ sources.
A. suburban and rural
B. stationary and mobile
C. commercial and residential
D. urban and industrial
E. organic and inorganic
Employees that publicly disclose illegal or unethical behavior on the part of their
companies are called:
A. whistleblowers.
B. informants.
C. scabs.
D. purges.
E. accommodation makers.
A place of employment that requires a person to be a union member before applying for
a job is said to be a _____ shop.
A. limited access
B. open
C. closed
D. mandatory membership.
E. agency
