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Limitations on bidding are permitted in professional bids such as in architecture and
service contracts.
a. True
b. False
An agreement among competitors for elimination of bidding is a violation of federal
antitrust laws.
a. True
b. False
Alpha Enterprises sent an offer to Omega Enterprises. The offer read as follows:
AVAILABLE FOR IMMEDIATE SHIPMENT: 600 WIRELESS NOKIA PHONES -
MODEL HCG5321 (THE PHONE FROM "CHARLIE'S ANGELS"). PRICE IS $10
EACH. 30 DAYS, SAME AS CASH. ALL WARRANTIES IN EFFECT. THIS OFFER
EXPIRES ON TUESDAY, MARCH 15, 2004. Omega sent the following letter in
response on March 14, 2002, via overnight delivery: HAPPY TO ACCEPT YOUR
OFFER ON THE NOKIA PHONES. SHIP IMMEDIATELY. There was a major
snowstorm that hit the east coast on March 14, 2004, and Omega's letter did not arrive
at Alpha's headquarters until March 18, 2004. Alpha had sold the phones to another
company. Omega demanded the 600 phones for $10 each claiming that it had accepted
the offer in time.
a. Omega is correct; it had valid and timely acceptance and had a contract.
b. Omega is incorrect; the acceptance must arrive for it to be effective.
c.Omega is incorrect; the offeree assumes the risk of the delivery means chosen.
d.Omega is correct, but any damages must be recovered from the overnight shipping
company. e. none of the above
A relativist asks why someone is engaged in unethical or illegal conduct before
determining whether the conduct is right or wrong.
a. True
b. False
Which is the most recent statute to be enacted?
a. FLSA
b. ERISA
c.OSHA
d.workers' compensation statutes
Corporate officers are not liable for acts delegated to subordinates.
a. True
b. False
Ralph Walters wanted to begin an exercise program and decided to enroll in a local
aerobics class. He was told that he would need proper aerobic work-out shoes. Ralph
went to an athletic shoe store and explained his needs to the sales clerk and also added
that since he had never done aerobics, he was unsure what type of shoe he would
need.The sales clerk recommended a shoe that Ralph purchased.When Ralph arrived at
aerobics class, his instructor said his shoes were not appropriate for aerobics and that
Ralph might injure himself if he used them for the workout. When Ralph returned to the
store with the shoes, the store refused to exchange them, citing the three-day limitation
on returns. Suppose Ralph's sales receipt had stamped on it in red letters "AS IS." The
shoe store:
a. has breached the implied warranty of fitness for a particular purpose and is required
to refund Ralph's money or exchange the shoes.
b. is within its rights to refuse to take the shoes back.
c.has not breached any warranty since Ralph had no contract with any promises written
in it.
d.none of the above
Jerry Montray is negotiating with Pamela Barnes for the purchase of her mountain bike.
The following conversation has taken place:
Jerry: "I will buy your mountain bike for $375.00." Pamela: "I will sell it to you."
Jerry: "Good.The tire pump is included." Which of the following statements is true?
a. Jerry and Pamela have a contract for the bike at $375.00.
b. Jerry and Pamela do not have a contract for the bike at $375.00.
c.Jerry and Pamela have a contract for the bike at $375.00 with the tire pump.
d.none of the above
If you run a red light and hit and injure a pedestrian, both civil and criminal laws will
apply.
a. True
b. False
The legal trend in overtime pay requirements is to expand the number of employees
covered.
a. True
b. False
Nike and Reebok, both leading manufacturers of athletic shoes, have proposed a joint
venture to manufacture special orthopedic devices for handicapped children. The joint
venture is:
a. a horizontal merger and violates the Sherman Act.
b. subject to a rule of reason review.
c.a per se violation of the Sherman Act.
d.none of the above
Troy Nolan, age 17, was in a Games and Stuff store browsing. Troy frequented Games
and Stuff but did not always make a purchase. After 45 minutes of looking, Troy picked
up his skateboard, put his hand in his pocket, and headed toward the door. The day
manager yelled from the back of the store to the cashier at the front of the store, "Stop
the kid with the skateboard.He's stolen two games." There were 22 people in the store
who heard the statement. Troy had not taken the games. Troy:
a. will be successful in a defamation suit against Tower.
b. has no course of action because of the shopkeeper's privilege.
c.has no basis for recovery.
d.could recover only for false imprisonment.
In VanHornv.Watson,the court concluded that in California the Good Samaritan laws:
a. do not exist.
b. apply to anyone helping another injured person.
c.apply to anyone offering medical care in good faith at the scene of a medical
emergency.
d.apply to anyone offering medical care to another person.
The results of an arbitration hearing are generally binding.
a. True
b. False
Which law simplified rulemaking for businesses?
a. Regulatory Flexibility Act
b. Freedom of Information Act
c. Administrative Procedures Act
d. both a and b
e. none of the above
A self-audit will increase EPA penalties for a company that conducts it.
a. True
b. False
The Government in the Sunshine Act:
a. is often called an open-meeting law.
b. applies to federal agencies whose heads are appointed by Congress.
c. requires all agency meetings to be public.
d. applies to congressional committee meetings.
The FBI has developed new technology that enables it to listen to conversations in
homes from vans parked in the street outside the homes. While listening to
conversations in one neighborhood, the FBI uncovers a meth la
b. Agents move in and arrest those in the home without a warrant. Under the Kyllocase:
a. the FBI is not required to have a warrant because the information was uncovered
without invading the house.
b. the FBI is not required to have a warrant because the information was uncovered
from outside the private property of the individuals involved.
c. the FBI is required to have a warrant in order to listen to the conversations.
d.the FBI needs a warrant to listen only if it is going to arrest someone.
e. none of the above
The "But for" test:
a. is the test for causation.
b. is the test for proximate cause.
c.has been eliminated as the causation test in negligence cases.
d.none of the above
Aptitude tests:
a. were outlawed under Title VII.
b. are valid if related to job performance and do not result in a disparate impact.
c.are per se discriminatory.
d.none of the above
The Bill of Rights covers freedom of speech.
a. True
b. False
Which act contains prohibitions on monopolization?
a. Sherman Act
b. Clayton Act
c.Robinson-Patman Act
d.Celler-Kefauver Act e. none of the above
When there is a brownfield, no one is liable for the costs of clean-up.
a. True
b. False
Regional reporters carry the opinions of state appellate and supreme court decisions.
a. True
b. False
Design patents extend for a 14-year period.
a. True
b. False
The implied warranty of fitness for a particular purpose is given in every sale by a
merchant.
a. True
b. False
An employee can be prosecuted for giving his or her company user name and password
to hackers.
a. True
b. False
Labor unions are exempt from Title VII.
a. True
b. False
Brianne Kriefall died after ingesting ecoli bacteria by eating at a Sizzler Restaurant.
Sizzler's meat supplier discovered that several of its shipments of meat to Sizzler and
other restaurants contained the e-coli bacteria. Which of the following is correct?
a. Brianne's estate and family can recover for wrongful death under a breach of the
implied warranty of merchantability.
b. Brianne's estate and family can recover for wrongful death under a strict tort liability
theory.
c.Brianne's estate and family can recover for wrongful death from both Sizzler and its
supplier.
d.All of the above are correct.
Inpersonamjurisdiction is the authority of a court over the subject matter of the case.
a. True
b. False
A state statute that prohibits "baby buying" regardless of circumstances is a law that
most closely follows which theory of jurisprudence?
a. justice
b. natural law
c.positive law
d.custom
A complaint must establish subject matter jurisdiction.
a. True
b. False
Officer Muldoon is on foot patrol in Tempe, Arizona when he looks inside a garage (the
garage door is open) and sees a statute that he knows is a rare art work that was stolen
the night before from a building downtown. Officer Muldoon:
a. cannot use the sighting as a basis for a warrant.
b. cannot enter the premises to recover the statute.
c. is not permitted to look inside the garage from the street even when the door is open.
d.none of the above
