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The National Pollutant Discharge Elimination System (NPDES) requires all dischargers
to secure a permit, most often from the Environmental Protection Agency, before
pouring effluent into a navigable stream.
The European Union has negotiated certain safe harbors for U.S. companies not
complying with its Data Protection Directive, which allows individuals to decide how
their personal information can be used.
Early clean air legislation in 1963 and 1965 afforded the government maximum
authority.
Certain classes of employees, such as supervisors, are excluded from employee
bargaining units.
Libel generally requires a showing of actual harm.
If the Equal Employment Opportunity Commission (EEOC) decides that an
employment discrimination complaint does not have merit, the charge will be dismissed
and a "right to sue" letter will be issued, thus allowing the charging party to proceed
with her or his own litigation.
Statutes are the supreme expressions of law at both the federal and state levels of
government.
In general, criminal law remedies are not available under the Clayton Act.
In a motion for a judgment on the pleadings, either party simply asks the judge to reach
a decision based on the information in the pleadings.
Contract law is a necessary foundation for a capitalist, free market-system.
Section 8(d) of the National Labor Relations Act clearly sets out some mandatory
subjects over which the parties must bargain.
Which of the following is true of horizontal price fixing?
A. Its occurrence need not be proved.
B. It is to be resolved under the rule of reason.
C. It is imposed by suppliers on their buyers.
D. Their mere existence constitutes unlawful conduct.
The Internet address for a Web page is called its:
A. Internet service provider.
B. domain name.
C. server.
D. search engine.
Which of the following federal acts establishes both civil and criminal penalties for
violations of its provisions?
A. The CAN-SPAM Act
B. The PROTECT Act
C. The U.S. SAFE WEB Act
D. The Anti-Phishing Act
Section 8(a) of the National Labor Relations Act makes it an unfair labor practice for an
employer to dominate, interfere, or assist with the formation of any labor organization.
Which of the following is true of the partnership form of business?
A. The vast majority of partnership agreements are written.
B. An assignee of a partnership interest has the right to participate in control and enjoys
the status of partner.
C. The partners are not personally liable for the partnership's obligations should it
default.
D. Events in the private lives of the partners can seriously impact the business venture.
Describe the issues that led to the passing of the Equal Credit Opportunity Act (ECOA)
and identify how the Act handles these issues.
The _____ provides that, as a matter of due process, no evidence secured in violation of
the Fourth Amendment may be admitted as evidence in a court of law.
A. mailbox rule
B. contract bar rule
C. choice of law rule
D. exclusionary rule
The _____, authorized by the 2010 Dodd-Frank Wall Street Reform and Consumer
Protection Act, is charged with writing and enforcing rules covering consumer financial
products and services including mortgages, credit cards, payday loans, loan servicing,
check cashing, debt collection, and others.
A. Consumer Product Safety Commission
B. Consumer Financial Protection Bureau
C. American Federation of Labor
D. Bureau of Public Debt
Jude purchases a vacuum cleaner that is advertised as having certain distinctive
cleaning properties. However, at the first use he realizes that the vacuum cleaner fails to
function as promoted. In the context of warranty, which of the following statements is
true?
A. There is a breach of implied warranty of fitness for a particular purpose.
B. There is a breach of implied warranty of merchantability.
C. There is a breach of express warranty.
D. There is a no breach of warranty as it is a case of puffing.
Which of the following is true of a motion for a summary judgment?
A. The party filing such a motion is claiming that no facts are in dispute.
B. In a hearing for such a motion, the court cannot hear evidence from affidavits,
depositions, and so on.
C. In a hearing for such a motion, the judge must take the case to trial to make a ruling
about the law.
D. The judge will reach a decision for this type of motion only if the plaintiff's claim
clearly has a foundation in law.
Which of the following is an advantage of mergers?
A. Mergers may improve credit access.
B. Mergers may lead to lower market concentration.
C. Mergers tend to reduce barriers to entry.
D. Mergers help shape political affairs.
