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What authority would the state of Arizona claim for passing a mandatory seat belt law
requiring anyone traveling in
Arizona to put on his/her seat belt?
a. preemption clause
b. police power
c. the nexus power
d. none of the above
Laddering is a safe-harbor section of the 1934 Act.
a. True
b. False
Which of the following shareholders would qualify for access to the corporate books
and records?
a. a shareholder who owns 5 percent of any class of stock
b. a shareholder who owns 5 percent of all the outstanding stock of a corporation
c.a shareholder who has owned stock for six months
d.All of the above shareholders qualify.
Regulation A short-form exemptions can be used for offerings of $5 million or less.
a. True
b. False
Opinion commentary is not defamation.
a. True
b. False
In workers' compensation cases, fault is immaterial.
a. True
b. False
The Code of Federal Regulations contains all the regulations of federal agencies.
a. True
b. False
Which of the following remedies are available to remedy environmental hazards?
a. an EPA complaint
b. private citizen suit under federal environmental law
c.suit for nuisance
d.suit under state law
e. All of the above are available remedies.
A boycott against subcontractors who are cheaper because of safety concerns is still an
illegal group boycott.
a. True
b. False
Which of the following would be a reasonable accommodation required by the
Americans with Disabilities Act?
a. flexible or part-time scheduling
b. reassignment to a different job
c.providing readers and interpreters
d.all of the above
Which of the following pairs is incorrect?
a. Article III of the U.S. Constitution - the Courts
b. The Bill of Rights - First Ten Amendments to the U.S. Constitution
c. The Fifth Amendment - due process
d. The First Amendment - substantive due process e. The Fourteenth Amendment - due
process
Administrative agencies do not permit intervenors to appear in hearings.
a. True
b. False
The tort of false imprisonment:
a. requires proof of some actual damage to the plaintiff.
b. is also known as the "shopkeeper's tort."
c.requires proof of emotional distress.
d.no longer exists in states that have adopted the shopkeeper's privilege.
A copy of the voting trust must be on file in the corporate records.
a. True
b. False
The legality of vertical mergers is determined by the relevant geographic and product
markets.
a. True
b. False
Jamie has been accused of plagiarizing his sociology term paper from an Internet site.
His professor has given him a failing grade and there is no right to a hearing or an
appeal. Jamie asks, "What rights do I have?"
a. Some form of due process: hearing or vote or right of appeal to an administrator or
board.
b. No rights because Jamie goes to a private school.
c. No rights because it is the teacher's decision only.
d. none of the above
Under Sarbanes-Oxley, the majority of members of the audit committee must be
independent directors.
a. True
b. False
Evaluate the following facts and then answer the next two questions.
Day 1 S sends a letter to B with the following: "I will sell you my Play Station 3 for
$150."
Day 2 B receives the letter and responds by sending a letter with the following, "I will
take the Play Station for $150."
Day 2 After B sends the letter, S sends an email to B that reads, "Forget it. I sold the
Play Station to someone else."
S has made a valid revocation to B.
a. True
b. False
Employer privilege statutes are those that provide employers with defenses to
defamation suits when they have shared information on former employees with
prospective employers.
a. True
b. False
Uniform laws are:
a. required to be adopted by states.
b. written to make interstate business less complicated.
c.found in USC.
d.none of the above
Failure to bargain on a mandatory subject matter is an unfair labor practice.
a. True
b. False
Statutory law exists at all levels of government.
a. True
b. False
Sheila Rumsford sent an e-mail to her co-workers. The e-mail was entitled, "Ten
Reasons Cookie Dough is Better Than Men." Her supervisor, in a routine review of
employee e-mails, found the e-mail and fired Sheila. The supervisor pointed to a
provision in the employee handbook that prohibits the use of company e-mail for jokes
and personal correspondence.
a. Sheila's right to privacy has been violated and she cannot be terminated.
b. Sheila could be fired only if one of the recipients of the e-mail sent it to the
supervisor.
c.Sheila's e-mail was properly monitored and she can be fired.
d.Sheila has a right of recovery for defamation. e. none of the above
At Anne's Beauty Emporium, Della operates a small storewithinastore in which she
sells bags that appear to be designer Prada and Gucci handbags. The bags are priced at
Della's at between $65 and $190 each. The price for the same Prada and Gucci bags in
department stores would be between $325 and $900. Della is probably selling:
a. knock-off purses.
b. gray market purses.
c.counterfeit purses.
d.all of the above
Under Sarbanes-Oxley, who cannot be a member of an audit committee of a publicly
traded company?
a. officer
b. consultant to the company
c.outside lawyer for the company
d.all of the above cannot be a member of the company's audit committee
Requiring credit references for members of one race but not for another is a violation of
the ECOA.
a. True
b. False
Stephen H. Grabowski sustained injuries when his fellow employees, William Mangler,
David Smith, and Joseph Ziemba, detained Grabowski in a bathroom, brought him to
the ground, and wrapped him, from ankles to shoulders, in duct tape. Grabowski
suffered both physical injuries, which required surgery on his lower back and right
knee, and post-traumatic stress, which required counseling. Grabowski has since
received over $300,000 in workers' compensation for his injuries. He has brought suit
against the three men to recover for the damages he has experienced beyond what
worker's compensation covere
d.Which of the following is correct?
a. There can be no recovery from third parties when there is a worker's compensation
claim.
b. There can be no recovery for horseplay in the workplace, even under worker's
compensation.
c.If there is recovery, Grabowski must first reimburse the worker's compensation fund
for payments received to date.
d.There is no third-party liability in workplace injuries, regardless of how they
occurred.
Ralph Watkins owns a large home on a two-acre lot in Tempe, Arizona. Watkins has
much of the lot covered with tiff grass and is meticulous about mowing the lawn.
Watkins piles the grass clippings near his back fence and removes them on a
semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of
desert life. Watkins' neighbor, Vern Brown, has noted that the various forms of desert
life scale the wall and invade his property. Brown has worked with his exterminator but
his exterminator has told him that the grass clippings must go before the bugs will go.
Brown:
a. could clean up the pile and recover from Watkins under CERCLA.
b. could report Watkins for violating the Solid Waste Disposal Act.
c.could seek an injunction against Watkins on the basis of nuisance.
d.would not have a nuisance claim since he is the only one who is affected.
Registration statements must include audited financial statements.
a. True
b. False
Workers' compensation systems are administered by the federal government.
a. True
b. False
Which of the following is not an exemption from FOIA requests?
a. investigation records
b. product safety tests
c. personnel files
d. bank reports
What is it called when officers of competing companies serve on each others' boards of
directors?
a. Intralocking directorates
b. Interlocking directorates
c.Cross-locking directorates
d.Diagonal directorates
Section 404 of SarbanesOxley is the section that requires certification of the adequacy
of a company's internal
controls.
a. True
b. False
The Federal Partnership Action Agenda provides funding for brownfield projects.
a. True
b. False
SIPs:
a. are state implementation plans for air quality standards.
b. are enforced by the state governments.
c.need not have EPA approval.
d.none of the above
Using what you have learned about consumer credit, develop a credit application that
would comply with all federal statutes and regulations.
List and describe all of the basic statutory protections for workers.
Pat's Bicycle Shop is a Schwinn dealer. In order to be such a dealer, Pat's has to agree
not to carry other brands of bicycles. Is this agreement illegal?
Adrienne Zhang, a resident of Beijing, China, took provera, a hormone, through tablets
called Pro-V plus, manufactured by Eli-Shiley, a U.S. firm. Zhang experienced heart
damage and wishes to recover. Where is her suit against Eli-Shiley properly brought
and which law applies?
Explain why the U.S. Supreme Court now applies a rule of reason standard to
manufacturers who will no longer sell to retailers who offer deep discounts on the
manufacturers' products.
Analyze and discuss why the top corporate and trade PACs are the top political
contributors.
Describe shareholders' rights under Section 14.
Gillham purchased an Admiral TV and shortly thereafter read of the propensity of the
TVs to overheat and burst into flames. While watching TV, his set exploded and
burned.He experienced rippling burns. Can Gillham recover? Discuss various issues
and defenses in the case.
What environmental issues exist for a developer?
Describe the roles of administrative agencies.
Jane Bouvier is a computer scientist working for a state university. Her job description
states that she is responsible for the development and maintenance of the College of
Business web sites. Jane was not permitted to take the training classes that her male
counterparts in other colleges in the university were permitted to take, at university
expense. Jane felt that she was falling behind without this additional training. When she
raised her concern to her supervisor she was told that she would have to pay for the
training herself. Discuss whether Jane's treatment is a violation of any federal
antidiscrimination laws.
Explain the steps in due diligence.
Describe the characteristics of a workers' compensation system.
Several art distributors have met and agreed to limit the number of Hummel figurines
being imported into the United
States. Is there any anticompetitive behavior involved in doing this?
There are no resale limitations on Regulation A offerings.
a. True
b. False
Why are pirates so difficult to prosecute?
Suppose Rich is required to pay a $500 levy for every $10,000 of PullOns brought into
the Sudan. "If I could just get those numbers down on the shipping documents, I could
save a bundle on these levys." Rich works with a customs officer and two sets of
shipping documents. The customs officer files papers showing half of the goods
actually brought into his country. Instead of paying $500 as a levy, Rich pays $250 and
pays $50 for each $10,000 to the
agent for the help with the documents. Has Rich violated the FCPA?
