RICO applies only to repeat offenders.
a. True
b. False
Misuse of a product is a defense in a product liability suit.
a. True
b. False
Which of the following is not required for the articles of incorporation?
a. names of incorporators
b. capital stock structure
c.names of board members
d.All of the above are required.
The USA Patriot Act:
a. created a cabinet level position for immigration enforcement issues.
b. has been declared unconstitutional.
c.requires warnings to workers before factories can be closed.
d.none of the above
An NPDES permit is required for point sources.
a. True
b. False
An indictment is:
a. a document issued by the grand jury.
b. issued after a preliminary hearing.
c. followed by an information.
d.none of the above
Firing an agent terminates:
a. express authority.
b. implied authority.
c.apparent authority.
d.a and b only
e. a, b, and c
Jane Eyring works for PharmaMeds, Inc.Jane is a physician-scientist who is responsible
for running the pilot tests on PharmaMed’s new oral spray medication for individuals
with adult onset diabetes. Jane has discovered that if those in the test group do not spray
the medicine correctly or if they spray for too short of a time, the medicine is not
effective, or as effective, and insulin shock has resulted in a few of the patients. Jane
talks with one of her colleagues who responds, “Look, there’s no need to stop the testing
or the drug’s release. Just tell them in the test and in the brochures that will be with the
spray, “Spray correctly! If you do not, you may not receive your necessary dose.”” Jane
is not sure anyone can be 100% accurate in spraying all the time. What risks does the
company run if the spray doesn”t work for the patients?
a. fines and penalties
b. litigation by patients who become ill
c.damage to its reputation
d.all of the above
Which of the following contracts would not have to be in writing under the old UCC?
a. a contract for the sale of an easement for $450
b. a contract for consulting services for $10,000 over the next 90 days
c.a three-year advertising contract
d.a contract for the sale of furniture for $700
e. All of the above must be in writing.
A jury selection firm working for a plaintiff in a slipandfall case culled through the
jurors’ Facebook pages and found that one of the jurors had dated the plaintiff. Which of
the following is correct about the plaintiff’s rights during jury selection?
a. The juror can be removed for cause.
b. Lawyers are not permitted to use information placed on Facebook for purposes of
striking jurors.
c.The juror cannot be removed for cause, but the plaintiff’s lawyer could use a
peremptory challenge.
d.The juror can be struck with a peremptory challenge, but the lawyer will have to give
a reason.
An accredited investor includes any corporation.
a. True
b. False
The Digital Millennium Copyright Act imposes liability for circumvention of encoded
materials that prevent copying.
a. True
b. False
Enron Corporation filed for bankruptcy following a number of revelations about its
accounting procedures. Enron used a complex structure of corporations and
off-the-books debt to mask its true financial picture from the markets. When asked
about the propriety of Enron’s reporting methods, many analysts have responded, “They
simply did what most corporations do.” Their comments:
a. reflect analysis under the Nash model.
b. reflect analysis under the Blanchard/Peale model.
c.reflect rationalization.
d.reflect WallStreetJournalanalysis. e. none of the above
Conscious parallelism generally raises questions about:
a. tying.
b. price discrimination.
c.price fixing.
d.Clayton Act violations.
A court can have inpersonamjurisdiction over an out-of-state defendant by the
defendant’s consent.
a. True
b. False
There are no limitations on what constitutes an effect on interstate commerce for
purposes of constitutionality of a federal statute.
a. True
b. False
Staredecisisis a Latin term meaning:
a. “equitable remedy”.
b. “let the decision stand”.
c.”private decision”.
d.”Congressional action”.
The 30-day comment period can be waived for emergency rulemaking.
a. True
b. False
The Federal Register Act is part of the Administrative Procedures Act.
a. True
b. False
An EIS is filed with the:
a. Council on Environmental Quality.
b. NPDES.
c.EPA.
d.none of the above
Manufacturers who refuse to deal with discount houses have committed a
perseviolation of the antitrust laws.
a. True
b. False
During the plaintiff’s case, the defendant conducts direct examination.
a. True
b. False
What is usually the basis of RICO civil suits?
a. criminal fraud or wire fraud
b. prostitution
c. gambling
d.illegal drug sales or transportation
Short-swing profits are acceptable if there was no inside information.
a. True
b. False
Mensreais:
a. the actual criminal act.
b. not required for proof of a crime.
c. only required for common-law crimes.
d.none of the above
Public hearings:
a. are required in both formal and informal rule making.
b. can be held regionally.
c. are required under the Regulatory Flexibility Act.
d. none of the above
Which of the following is not an example of an express warranty?
a. “This jacket is lined.”
b. “This water heater holds 50 gallons.”
c.”This toothpaste makes teeth the whitest around.”
d.”Preshrunk jeans.”
The “culpability multiplier” is part of the U.S. sentencing guidelines.
a. True
b. False
Posting false information about a person to an Internet blog would be publication.
a. True
b. False
Seniority systems:
a. were outlawed under Title VII.
b. are violations of the Age Discrimination Act.
c.can be valid if they are not used to perpetuate past discrimination.
d.none of the above
If the earnings of a company are revealed to be false, the officers who earned bonuses
based on these earnings must forfeit them.
a. True
b. False
Right-to-work statutes:
a. are prohibited by federal law.
b. outlaw closed shops.
c.existed prior to federal laws on unionization but not today.
d.none of the above
Taxes on sales across the Internet will be subject to constitutional protections and
constraints.
a. True
b. False
The FTC regulates advertising and has discovered a company advertising a diet pill
that, when swallowed, breaks into “thousands of particles, each acting like a tiny
magnet” to which fat cells are instantly attracted. The magnets are then eliminated
through the digestive system. The FTC has brought a complaint against the company,
and the company wants to know what action the FTC can take against it.
During the 2002 Winter Olympics in Salt Lake City, one of the French judges on the
judging panel for the pairs ice skating competition indicated that she felt pressure to
vote for the Russian team, the team that was awarded the gold medal for the
competition. She indicated that there would be a quidproquo, that is, the Russian judge
would then vote for the French team in the ice dancing competition. Following the
award of the medal in the pairs competition, there was international outcry because the
silver medal Canadian duo had skated flawlessly whereas the Russian team had several
flaws in its performance. The International Olympic Committee (IOC) awarded a
second gold medal to the Canadian team and launched an investigation and vowed to
reform judging practices and rules. Discuss the ethical issues in this case and be sure to
discuss why these types of deals among judges create problems.
Explain when a shareholder has a right to see the books and records of a corporation.
Discuss what made Earl Devaney such an ethical standout in the federal government.
Bradley Harrison was hired by Billiards, Inc.Before leaving his current employer, Pool
Party, Inc., he downloaded Pool Party’s contract forms and customer lists to take with
him to his new job. Has Bradley broken any laws?
Explain what customers of cloud services should understand prior to entering into a
cloud agreement.
Give five reasons why a court may choose not to follow precedent.
Sales representatives of several college-book publishers have met together and decided
that calling on all schools in their territories is often fruitless, since only one of each of
their books can be adopted.They have agreed to split the colleges and only make sales
calls on their designated schools. Are there any anticompetitive problems?
In confirmation hearings of nominated judges and justices, what role may
staredecisisplay in the questioning of the nominee?
Describe who must file 10K, 10Q and 8K reports.
List and describe the forms of alternative dispute resolution other than arbitration.
The State of Louisiana’s Sunday closing law provides that “all stores, shops, saloons,
and all places of public business, licensed under the law of Louisiana or under any
parochial or municipal law, shall be closed on Sunday.” The statute had 25 exemptions
including drug stores, hotels, restaurants, theaters, the 1984 Exposition, and stores
occupying a space of 1,500 square feet or less. Home Depot wishes to challenge the
closing law on its constitutionality. What constitutional provisions would apply?
Explain why a federal statute that permits federal suits against defendants who have
committed crimes against women is unconstitutional while civil rights laws are
considered constitutional.
Directors are personally liable for errors in business judgment.
a. True
b. False
Unscheduled injuries in workers’ compensation systems are not covered by the systems.
a. True
b. False
Name three courts in the federal system that are not courts of general jurisdiction.
American Homes has just waged a successful takeover of Pioneer Homes. There are
several minority shareholders of Pioneer who strongly objected to the merger due to the
potential of Pioneer and that their earnings would be far greater once Pioneer was out of
its cash crunch. What rights do these minority shareholders have?