When a case is remanded, the lower court must conduct additional proceedings.
a. True
b. False
Under Sarbanes-Oxley, current employees are not considered independent for purposes
of board structure.
a. True
b. False
There are both federal and state anticyberstalking laws.
a. True
b. False
Sarah Sajak was sexually harassed at work. She filed a claim with the EEOC under
Title 42 of the United States Code. The EEOC has given her a right to sue letter, a
requirement for her to be able to bring suit for damages for the harassment. In which
court must Sarah file her claim?
a. State trial court
b. Federal administrative court
c.Federal district court
d.Federal court of appeals since the agency has heard the case e. none of the above
Which of the following would be entitled to unemployment compensation?
a. Jan, who quit her job to attend school full time.
b. Elise, who quit her job because her employer reduced her hours to 29 per week.
c.Alfred, who quit to care for his newborn son.
d.Jack, who was fired for being tardy for work too often.
A motion for judgment on the pleadings can be granted:
a. if the complaint does not state a cause of action.
b. if there are no factual issues.
c.any time during the course of the trial.
d.all of the above
Devices such as a Blackberry or an iPhone are exempt under the rules for business
discovery in litigation.
a. True
b. False
The Federal Maritime Commission approved the charter for an inter-island ferry service
in Hawaii but did so without a study of the environmental impact of adding the ferry
service. Federal agencies are required to determine environmental impacts of all
actions. The airlines that fly between the islands wish to challenge the ferry approval by
the Maritime Commission. What grounds could they use?
a. arbitrary and capricious
b. failure to comply with statutory procedures
c. favoritism
d. none of the above
Only Clayton Act violations carry treble damages.
a. True
b. False
An appellate court’s role is to take additional evidence after a trial has ended.
a. True
b. False
Pooling agreements are:
a. illegal as against public policy.
b. the same as voting trusts.
c.valid if filed with the corporation’s secretary.
d.none of the above
A complaint filed in a lawsuit could not contain which of the following?
a. a claim for money damages
b. a claim for equitable remedies
c.a claim for an injunction
d.a counterclaim
The EU will be disbanded in 2009.
a. True
b. False
The United States Code includes laws on anticompetitive activities as well as laws
regulating the sale of securities.
a. True
b. False
Under Sarbanes-Oxley, auditors must retain their work papers:
a. for one year.
b. for three years.
c. for five years.
d.until they no longer represent a client.
E-Sign requires that there be faxes or written verification of electronic contracts.
a. True
b. False
The minimum amount required for a federal diversity suit is:
a. $10,000.
b. $50,000.
c.$75,000.
d.There is no minimum amount if there is diversity.
An executory contract is one that is fully performed.
a. True
b. False
Superior skill, foresight, and industry is a:
a. justification for a monopoly.
b. defense to a vertical restraint.
c.defense to predatory pricing.
d.all of the above
The U.S. courts can be used by citizens of foreign countries to recover for injuries
occurring in their countries at the hands of U.S. companies.
a. True.
b. False
Which of the following is not a question for the Blanchard/Peale test for ethical
behavior?
a. Is it legal?
b. Does it follow industry code?
c.Is it balanced?
d.How does it make me feel?
“Point and click” refers to:
a. the right of the FBI to search web sites.
b. the formation of contracts via the Internet.
c.the registration of domain names under ICANN.
d.pornographic web sites.
e. none of the above
Rationalization is one form of ethical analysis.
a. True
b. False
In order to hold a union election, a petition filed with the NLRB must be supported by:
a. signatures of 50 percent of the employees.
b. signed authorization cards of 30 percent of the employees.
c.management certification.
d.both b and c
e. none of the above
Tapping into federal income tax returns to get information is a violation of the
Computer Fraud and Abuse Act.
a. True
b. False
The trend in international markets is away from regulating insider trading.
a. True
b. False
For purposes of CERCLA, the definition of owner/operator does not include a lender
with just a security interest.
a. True
b. False
Predatory pricing is illegal.
a. True
b. False
Describe the employer requirements under ERISA.
Limited partners’ profits and losses are allocated equally.
a. True
b. False
Cross-elasticity of demand is irrelevant in determining the product market.
a. True
b. False
Some damages other than emotional damages must be established for the tort of
intentional infliction of emotional distress.
a. True
b. False
The intrastate registration exemption requires that 100 percent of the offerees be
residents of the same state as the issuer.
a. True
b. False
A red herring is a prospectus sent prior to the effective date of the registration date.
a. True
b. False