lb 324 midterm

subject Type Homework Help
subject Pages 5
subject Words 1312
subject Authors A. James Barnes, Arlen Langvardt, Jane Mallor, L. Thomas Bowers

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1) under the securities act of 1933, the registration of securities which are offered to the
public in interstate commerce is:
a.directed toward minimizing investor exposure to financially risky securities.
b.not required unless the issuer is a corporation.
c.mandatory unless the cost to the issuer is prohibitive as defined in the sec regulations.
d.required unless the offering or the securities are exempt from registration.
2) which act did the congress envision as a vehicle in 1914 for attacking practices that
monopolists employed to acquire monopoly power?
a.sherman act
b.clayton act
c.robinsonpatman act
d.smithlever act
3) nancy, aged 70, has a vacant plot adjacent to her house which she intends to bequeath
to her grandson roy upon her death. however, an important railroad project is being
undertaken nearby and the local authorities have informed nancy that the new railroad
will cover her vacant lot. they have also promised her compensation in return. can the
government take her property?
a.no, because the plot belongs to her.
b.no, because she already intends to bequeath the land to someone.
c.yes, because the government has eminent domain.
d.yes, because the government is the actual owner of all private property.
4) enforcement authority for violations of the controlling the assault of non-solicited
pornography and marketing act of 2003 (can-spam act) was given to:
a.the ftc, state attorneys general and users of internet access services.
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b.the ftc, state attorneys general and providers of internet access services.
c.district courts, state attorneys general and users of internet access services.
d.the ftc, district courts, and providers of internet access services.
5) identify the type of employers covered by title vii of the civil rights act of 1964.
a.employers with 3 employees or more and engaged in an industry affecting intrastate
commerce.
b.employers with 15 employees or more and engaged in an industry affecting interstate
commerce.
c.employers with 30 employees or more and engaged in an industry affecting intrastate
commerce.
d.all employers engaged in industries affecting interstate commerce.
6) a(n) _____ is a serious crime such as murder, sexual assault, arson, drug-dealing, or a
theft or fraud offense of sufficient magnitude.
a.misdemeanor
b.felony
c.tort
d.infraction
7) which of the following antitrust activities can be challenged only under the state law?
a.interstate agreements in restraint of trade.
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b.intrastate agreements in restraint of trade.
c.interstate deceptive and unfair practices.
d.intrastate deceptive and unfair practices.
8) in general, the ucc sales article applies to the sale of:
a.goods only if the seller is a merchant and the buyer is not.
b.goods only if the seller and buyer are both merchants.
c.consumer goods by a non-merchant.
d.real estate by a merchant for $500 or more.
9) a dissociating member will be liable to the llc for damages caused by the dissociation
due to:
a.the member being a debtor in a bankruptcy.
b.the members death due to a motor vehicle accident.
c.a guardian being appointed over affairs of an alzheimer-inflicted member.
d.the member withdrawing from the llc after its term has expired.
10) the difference between a public figure and a private one regarding defamation cases
is that:
a.only the public figure can file a case.
b.the private figure generally loses such cases.
c.the public figure has to prove actual malice.
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d.the private figure does not enjoy conditional privileges.
11) a merger clause is also known as an:
a.interpretation clause.
b.interrogation clause.
c.integration clause.
d.instrumental clause.
12) what is the basic recovery for copyright infringement?
a.only the owners actual damages
b.only the attributable profits by the infringer
c.owners actual damages and the attributable profits of the infringer
d.punitive damages
13) which of the following conditions characterizes a firm offer regarding the sale of
goods?
a.it must be verbally communicated.
b.it can be revoked by the offeror prior to acceptance.
c.it must be made in the presence of a government official.
d.it must be made by an offeror who is a merchant.
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14) the ulpa and the rullca permit limited partnerships and llcs to merge with other
businesses. for the merger procedure, the first requirement is that the companies have
to:
a.file a suit in the proper court.
b.obtain a consent from the state secretary.
c.adopt a conversion plan.
d.enter into an agreement.
15) gift promises are not generally enforceable because they lack:
a.legality.
b.capacity.
c.consideration.
d.agreement.

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