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The separation of powers between levels of government is known as _____.
A. feudalism
B. federalism
C. imperialism
D. statocracy
E. fascism
Which of the following is true of the triple damages awarded the injured parties under
the Sherman Act?
A. It applies only to individuals, and not corporations or larger institutions.
B. Triple-damage suits cannot impose a fine in excess of any the could be imposed in a
criminal proceeding.
C. It can only compensate the plaintiff for actual injury.
D. Only injured members of the general public can enforce the law.
E. Both federal and state governments can file a suit for triple damages.
_____ reports refer to reports on a customer's character, general reputation, mode of
living, and so on, obtained by personal interviews in the consumer's community.
A. Credit
B. Policy
C. Market research
D. Demographic
E. Investigative consumer
Under the _____ permits issued by the EPA, polluters can engage in a family of
alternative operating scenarios without the expensive delay of obtaining new permits
per the previous EPA requirements.
A. point
B. single visit
C. work
D. one-way
E. smart
Under the Endangered Species Act, the right to declare a species as endangered rests
with the:
A. director of the EPA.
B. Governors of states where the species habitat is located.
C. Secretary of the Interior.
D. president.
E. upper house of the U.S Congress.
Which of the following is true about publicly held business organizations?
A. These organizations are owned only by a few persons.
B. Decisions regarding selection of appropriate organizational forms are usually limited
to these organizations.
C. Shareholders of such organizations can transfer their ownership without interfering
with the organization's management.
D. A family-operated business is a classic example of a publicly held business
organization.
E. The status of a shareholder in these organizations limits their liability for torts and
shareholders mostly forgo their limited liability for cosigning contracts.
Which is not an allowable "fair use" of material?
A. Teaching
B. Research
C. Profits
D. Reporting
E. Criticism
In a trial, the _____ is the opportunity for the lawyers to give the jury the overall picture
of the case and inform the jury of the facts they expect to prove and of the witnesses
they expect to call.
A. deposition
B. opening statement
C. verdict
D. summation
E. interrogary
Who has the burden of proof to prove the presence of a scheme to defraud?
A. Government
B. Defendant
C. Judge
D. Jury
E. Plaintiff
In a federal class-action law suit:
A. only one member of the class must meet the jurisdictional amount of $75,000.
B. at least 50% of the class must meet the jurisdictional amount of $75,000.
C. the total sued for by the class must add up to the jurisdictional amount of $75,000.
D. the average amount sued for by the class must meet the jurisdictional amount of
$75,000 each.
E. the cost of trying the cases individually must exceed the jurisdictional amount of
$75,000.
Yellow dog contracts were made illegal through the enactment of the:
A. Clayton Act.
B. Norris LaGuardia Act.
C. Wagner Act.
D. Sherman Act.
E. Comstock Act
The ideas and philosophies that explain the origin of law and its justification is called
_____.
A. rule of law
B. torts
C. stare decisis
D. jurisprudence
E. statutes
Radford School has just been accredited by the United Federation of Planets Academy
of Business and Managements Schools. The school is provided with an icon to put on
its home page saying "Member of UFPABMS". This icon is a:
A. collective mark.
B. promotion mark.
C. trademark.
D. brand mark.
E. service mark.
When the public is confused as to whether a term refers to a particular product/service
or refers to a general class of products/services, the trademark is said to have become
_____.
A. infringed
B. copied
C. generic
D. distinctive
E. substituted
Environmental laws are under:
A. exclusive federal jurisdiction.
B. exclusive state jurisdiction.
C. both federal and state jurisdiction.
D. the jurisdiction of federal, state, and local governments.
E. exclusive jurisdiction of local governments.
In what type of motion does a party ask the judge to decide the case based on the
complaint and affidavits showing that there are no material facts in dispute?
A. Summary judgment
B. Judgment on the pleadings
C. Judgment notwithstanding the verdict
D. General demurrer
E. Motion to compel
Which of the following torts takes place when one who has a duty to act reasonably acts
carelessly and causes injury to another?
A. Negligence
B. Assault
C. Trespass
D. Battery
E. Defamation
John rents a movie from Video Rental Co. but instead of returning it he lends it to Sam
in whose care the movie is destroyed. What tort did John commit?
A. Conversion
B. Theft
C. Battery
D. Trespass
E. Invasion of privacy
The difference between a mediator and an arbitrator is that:
A. a mediator is not a neutral party.
B. an arbitrator is chosen by the disputing parties, while a mediator is not.
C. an arbitrator can force a binding solution on both parties.
D. a mediator can impose a binding solution on the parties.
E. only an arbitrator may be appointed by a judge.
Violations of the FDCPA entitle the debtor to sue the debt collector for:
A. contemptuous damages, plus court costs and attorney's fees.
B. punitive damages, plus court costs and attorney's fees.
C. actual damages, plus court costs and attorney's fees.
D. speculative damages, plus court costs and attorney's fees.
E. nominal damages, plus court costs and attorney's fees.
Which of the following types of regulatory authorities issues rules that have an impact
of laws?
A. Quasi-judicial
B. Quasi-executive
C. Quasi-legislative
D. Quasi-regulatory
E. Quasi in rem
Which of the following is true of a caucus in the process of mediation?
A. It constitutes misconduct on the part of the arbitrator.
B. Once the mediator uses a caucus, the parties cannot meet face-to-face.
C. A caucus is only allowable if both parties are present at all times.
D. The presence of a mediator is not essential to the conduct of a caucus.
E. A caucus involves the mediator, and only one of the disputing parties.
Which of the following would be granted the greatest priority?
A. A perfected secured lien
B. A secured lien
C. An attached lien
D. A preliminary lien
E. An artisan's lien
Indirect or direct attempts by state and local governments to regulate foreign commerce
to some degree are considered _____.
A. legal
B. ethical
C. unconstitutional
D. immoral
E. constitutional
Which of the following is a major provision of the Landrum-Griffin Act?
A. It governs collective bargaining for railroads and airlines.
B. It authorized the NLRB to conduct union certification elections.
C. It provided for an 80-day cooling-off period in strikes that imperil national health or
safety.
D. It created the Federal Mediation and Conciliation Service to assist in settlement of
labor disputes.
E. It created a Bill of Rights for union members.
The majority of states impose strict liability upon tavern owners for injuries to third
parties caused by their intoxicated patrons. The acts imposing this liability are called
_____ acts.
A. contributory negligence
B. dram shop
C. conversion
D. false imprisonment
E. statute of response
A _____ is used to recover damages as a result of printed defamation of character.
A. slander
B. calumny
C. libel
D. vilification
E. traducement
_____ is a plan or a program designed to take from a person the tangible right of honest
services.
A. Theft by deception
B. Scheme to defraud
C. Intent to defraud
D. Fraudulent misrepresentation
E. Disparagement
The Berne Convention addressed international agreements in the area of:
A. patents.
B. copyrights.
C. trademarks.
D. trade secrets.
E. brands.
Which statement is true concerning silence as a method of acceptance?
A. An offeree's silence implies that the offree will make a counter offer.
B. Parties' prior course of dealing may allow silence as a valid acceptance.
C. If the offer states that silence means acceptance, then the offeree must respond or
there will be a valid contract.
D. Silence alone can be acceptance and basis of a binding contract.
E. Silence leads to acceptance of an offer due to the mirror image rule.
Which of the following is true about limitation on state taxation?
A. Taxes imposed by federal government are subject to the limitations imposed by the
commerce clause.
B. Sales or use taxes levied by state and local governments on interstate commerce are
exempt from the limitations.
C. Taxation distributes the cost of government among those who receive its benefits.
D. The limitations do not apply to property tax and income tax.
E. Interstate commerce is exempt from state and local taxes.
The _____ creates the Congress, the presidency and vice presidency, and the Supreme
Court of the United States.
A. Perpetual Union
B. Articles of Association
C. United States Charter
D. United States Constitution
E. Article of Confederation
Which of the following is considered to be a genetic test, the information from which
cannot be used for firing, refusing to hire, or otherwise discriminating against
individuals, under the federal law?
A. Cholesterol test
B. Analysis of proteins
C. Liver function test
D. Complete blood count test
E. Newborn screening test
Eli, a resident of New York, wants to sue Tony, a resident of Texas, for a civil incident
that occurred in New York. In order to obtain jurisdiction under a long-arm statute, the
court must find that:
A. Tony has committed some kind of tort in Texas, in addition to the civil incident in
New York.
B. Tony owns property in Texas that he had bought personally in the past five years.
C. the civil incident occurred in New York while both Tony and Eli were there.
D. Tony entered into a contract or transacted business that is the subject matter of the
law suit in New York.
E. Eli committed a tort in Texas or have property in Texas.
