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Sexual harassment is a form of interpersonal as well as organizational abuse.
a. True
b. False
Anna feels, after negotiating her first few plumbing contracts, that there is a pricing
conspiracy involving other plumbing contractors that keeps her from really breaking
into the market. Her business is located in Tempe, Arizona. Where would Anna find the
law on anticompetitive behavior?
a. Arizona Revised Statutes
b. United States Code
c.Tempe city ordinances
d.none of the above
All administrative agencies:
a. are at the federal level.
b. promulgate regulations.
c. are created by the U.S. President.
d. are under sunset laws.
A motion for judgment on the pleadings is the same as a motion for summary judgment.
a. True
b. False
Condoning unethical behavior is an ethical breach.
a. True
b. False
Appeals of federal administrative agency decisions go to federal district court.
a. True
b. False
Writing a glowing letter of recommendation for someone in your organization who was
accused of misconduct without mention of the charges can result in liability.
a. True
b. False
Which of the following would not be discoverable in a contract suit requesting lost
profits as damages?
a. income tax returns of the business
b. orders of merchandise
c.expense records
d.work product
Tops Meat had to recall all of its frozen hamburger patties because of the presence of
E-Coli in the meat. About 20 consumers who ate the Tops patties became ill and two
died.The E-Coli was present in the animals Tops purchased for slaughter from various
ranchers.
a. Tops is not liable to its purchasers because it did not produce a defective product.
b. Tops is not liable to its purchasers because it was not aware of the E-Coli when it
sold its products.
c.Tops is liable to its purchasers for any injuries and damages from the presence of
E-Coli.
d.both a and b
The Government in the Sunshine Act requires advance notice of agency meetings and
hearings.
a. True
b. False
Which of the following would not be a taking for purposes of eminent domain?
a. the condemnation of land for use in a low-income housing project
b. the requirement that beach-front land owners allow public access to the beach
through their lots
c. the placement of a 4" 6" cable box on the roof of an apartment building by a public
cable firm
d. All of the above are takings.
"Everybody else does it" is a valid test for determining whether conduct is ethical.
a. True
b. False
Jack Knighton is an employee of PRG Consulting. He has been called for jury duty.
One of PRG's clients is Renar Corporation. Renar is the defendant in the case for which
Jack has been called for the jury panel. The attorney for the plaintiff who is suing
Renar:
a. could have Jack struck from the panel for cause.
b. cannot have Jack struck just because his company has the defendant as a client.
c.has no recourse because the jury is a wild card in litigation.
d.none of the above
Limited partners have liability limited to the amount of their contribution to the
partnership.
a. True
b. False
Training employees in ethics is a factor that reduces a company's sentence under the
federal sentencing guidelines.
a. True
b. False
The common law in each state is the same.
a. True
b. False
The "bubble concept" examines pollution in one area as if it came from a single source.
a. True
b. False
Law enforcement agencies are exempt from the Federal Privacy Act.
a. True
b. False
A three-year warranty on an oven need be evidenced by a record to be enforceable.
a. True
b. False
A motion for summary judgment is:
a. granted only if there are no factual issues.
b. appropriate if there are no issues of law.
c.decided by a jury.
d.none of the above
Comment periods are not required for modifications of rules, only new rules.
a. True
b. False
Which of the following is a requirement under Sarbanes-Oxley?
a. The majority of the board of directors must be independent.
b. No inside officers can serve on the board of directors.
c.Lawyers must blow the whistle on their corporate clients engaged in fraud.
d.all of the above
Terry Locklear obtained a prescription for extended-wear contact lenses from his
ophthalmologist. He purchased a year's supply of the lenses over the internet. After
wearing a pair of lenses for 2 weeks, Terry developed an eye infection that has resulted
in permanent impairment of the vision in his right eye. He has brought suit against the
lens manufacturer. The manufacturer indicates that it has no liability and that the
liability rests with Terry's ophthalmologist because the physician is to provide the
training for the maximum wearing time of one week. There is no information in the lens
materials or on the boxes about the maximum length for wearing time.
a. The manufacturer is correct; only the doctor is liable.
b. The manufacturer is incorrect because its product is defective for its failure to warn.
c.Neither the physician nor the manufacturer is liable because Terry did not inquire
about proper wear and usage.
d.Both the manufacturer and physician are liable but have a complete defense because
of Terry's negligence.
e. Both the manufacturer and the physician are liable under different theories.
Piercing the corporate veil has been used for purposes of imposing CERCLA liability.
a. True
b. False
The CISG:
a. is an example of uniform state laws.
b. is an example of uniform international laws.
c.is an example of a war convention among several nations.
d.does not exist in the EU.
e. none of the above
An insurance company that prohibits female employees from working as estimators, but
not men has discriminated by disparate treatment.
a. True
b. False
It is fraud to form a corporation to avoid personal liability.
a. True
b. False
An acceptance of a stipulated means offer by a different means is effective upon receipt.
a. True
b. False
Effluent guidelines are:
a. part of the Clean Air Act.
b. part of the National Environmental Policy Act.
c.part of the Clean Water Act.
d.developed by the states.
e. none of the above
Which of the following is not true regarding constitutional law?
a. exists at the state and federal levels
b. establishes government structure
c.establishes individual rights
d.can be changed by Congress
The act of state doctrine permits other countries to intervene in a nation's government
when human rights are violated.
a. True
b. False
Mary Hahn is an associate dean in the College of Engineering at a major state
university. With the resignation of the dean, Mary is perceived as a logical choice for
interim dean while a search for a permanent replacement is made. The university
president tells Hahn that in spite of her experience and qualifications, he will not
appoint her as interim dean. He states that the business community supporters would
not be ready to work with a woman in that position and their financial support is critical
to the college and the university. The president's actions:
a. do not violate Title VII because Mary is in a professional position.
b. do not violate Title VII because those outside the university are responsible for the
decision.
c.violate Title VII.
d.none of the above
A consent decree is similar to a no-contest plea in a criminal proceeding.
a. True
b. False
Once a plaintiff has established a prima facie case:
a. the case is won.
b. the case can survive a directed verdict motion by the defendant.
c.the defendant cannot present contradictory evidence.
d.a judgment NOV is grante
d.e. none of the above
