Dave and Ellen enter into a contract via e-mail. When a dispute arises over the
performance of the deal, Dave files a suit against Ellen. The emerging body of law that
governs transactions conducted via the Internet is referred to by the term
a. cyberlaw.
b. civil law.
c. equitable maxims.
d. IRAC.
Answer:
Slow-Brew Coffee Company sells coffee and related beverages. The company’s ad
contends that ambitious businesspersons ‘Drink Us & Rise Up in the World!’ ‘ The
Federal Trade ComÂmission would consider this ad to be
a. false and misleading.
b. impermissibly vague and general.
c. a deceptive half-truth.
d. none of the choices.
Answer:
Steaks n’ Fries Restaurant Company’s decision makers view a particular risk in the
consumption of Steaks n’ Fries’ products as open and obvious. Continuing to market the
products without explicitly telling consumers of the risk could be justified from a
perspective of
a. duty-based ethics.
b. corporate social responsibility.
c. religious ethical principles.
d. outcome-based ethics.
Answer:
Livia takes temporary family leave from her job at Meatpackers Corporation to care for
a new baby. On Livia’s return from the leave, Meatpackers must
a. restore Livia to her original position.
b. reimburse Livia for her expenses while on leave.
c. promote Livia to the status of a key employee.
d. do nothing.
Answer:
StartUp Investors, LLC, is a limited liability company without a written operating
agreement. Among the memÂbers, a dispute arises concerning the division of profits.
Under most LLC statutes, the profits will be
a. distributed according to the members’ proportionate shares of ownership in the firm.
b. divided equally among the members.
c. forfeited to the state.
d. reinvested in the business until the dispute is resolved.
Answer:
Sweet Fruits contracts with Fruits to You, Inc. for a delivery of two hundred pounds of
strawberries to be delivered by Keep Kool Trucking, a trucking company with
refrigerated trucks. On the day of delivery, the refrigeration units on Keep Kool’s trucks
are not working. Fruits to You
a. may ship the goods to Sweet Fruits using another trucking company with refrigerated
trucks.
b. must refund Sweet Fruits’ money and cancel the contract.
c. must wait to ship the strawberries until Keep Kool has fixed its trucks.
d. must ship the goods through a different carrier and pay Sweet Fruits incidental
damages.
Answer:
Clerical Workers Union represents the employees of Miracle Medical Research
Company. The management of the firm refuses to bargain with the union over the hiring
of unnecessary workers. This violates
a. federal labor law.
b. state right-to-work laws.
c. federal employment discrimination law.
d. no federal or state law.
Answer:
Musicians & Performers Union represents the employees of Piquant Legerdemain, Inc.
During negotiations over conditions of employment, each side rejects the other’s
proposal without offering a counterproposal. This indicates
a. bad faith.
b. good faith.
c. each party’s attempt to obtain concessions on other subjects.
d. reasonable efforts to come to an agreement.
Answer:
Nikita, an employee-agent of Operational Processes, Inc., is authorized to access
company trade secrets. Nikita downloads those secrets onto a thumb drive. She then
quits Operational’s employ and goes to work for Quantum Analysis, Inc., an
Operational competitor, with whom she shares the secrets. With respect to the agent’s
duty of loyalty to her principal, this is
a. unethical, but not illegal.
b. neither unethical nor illegal.
c. illegal, but not unethical.
d. unethical and illegal.
Answer:
Sly includes in his song ‘Sneaky’ a few seconds of Wily’s copyrighted sound recording
‘Wits’ without permission. Some federal courts have found that such digital sampling is
a. a violation of copyright law.
b. a ‘fair use’ exception to the provisions of the act.
c. not a ‘fair use’ exception to the provisions of the act.
d. all of the choices.
Answer:
Congress enacts the Supplemental Income Tax Act (SITA) to exempt the citizens of
New Jersey from federal taxes until their coastal towns are rebuilt from the ravages of a
recent hurricane. SITA will most likely be
a. rendered invalid under the supremacy clause.
b. held to be valid under the equal protection clause.
c. struck down under the taxing and spending clause.
d. upheld under the commerce clause.
Answer:
Satin, Silk & Swimwear, a women’s clothing store, employs female attendants who
asÂsist customers in the dressing rooms. Toribio, a forty-one-year-old male, apÂplies
for an attenÂdant’s job, but is not hired. In Toribio’s suit against Satin, Silk &
Swimwear for emÂployment discrimination under the Civil Rights Act of 1964, the
store has
a. no defense.
b. a bona fide occupational qualification defense.
c. a business necessity defense.
d. an affirmative action defense.
Answer:
Refer to Fact Pattern 29-1B. If Michael imposes a lien on Jill’s car, it will end
a. in thirty days.
b. in sixty days.
c. when Michael voluntarily surrenders possession of the car.
d. when Jill obtains a court order requiring Michael to return the car.
Answer:
Insurance Sales Corporation gives preferential treatment in hiring and promotion to the
members of all protected classes. This treatment results in discrimination against
members of the majority. This is
a. disparate-impact discrimination.
b. gender discrimination.
c. not discrimination.
d. reverse discrimination.
Answer:
Bee Hive Honey, LLC’s members include Chad, Dolores, and others. For purposes of
suing and being sued, Bee Hive Honey is
a. an aggregate of Chad, Dolores, and the other members.
b. a natural person in the members’ ‘family.’
c. a legal entity apart from the owners.
d. a non-participating third party.
Answer:
Sellers are required to take precautions against every conceivable misuse of a product.
Answer:
Advertising that appears to be based on factual evidence will not be deemed deceptive
even if it is not reasonably supported by evidence.
Answer:
An employer may not hire an illegal immigrant under any circumstances.
Answer:
It is always clear what is ethical in a given situation.
Answer:
If a job applicant or an employee with a disability, with reasonable accommodation, can
perform essential job functions, the employer must make the accommodation.
Answer:
Cybersquatting is illegal only if a domain name is identical to the trademark of another,
not if the name is merely confusingly similar.
Answer:
Credit can be denied solely on the basis of race.
Answer:
When OmniOil Corporation wishes to issue certain securities, it must provide sufficient
inÂforÂmation for Petra, and other unsophisticated investors, to evaluate the fiÂnancial
risk involved. Specifically, the law imposes liability for making a false statement or
omission that is ‘material.’ What sort of information would Petra consider material?
Answer: