LWB 744 Midterm 1

subject Type Homework Help
subject Pages 9
subject Words 4294
subject Authors Tony McAdams

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Private clubs are not exempt from Title VII of the Civil Rights Act of 1964.
In a limited liability company, the owners are referred to as interest holders.
According to discharge by operation of law, the contractual responsibilities of a debtor
may be discharged by a bankruptcy decree.
The International Court of Justice is only made up of judges from the United States.
A full warranty requires free repair of any defect.
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A fundamental principle set forth in the preamble to the 1994 Marrakesh Agreement is
that 'substantial reduction of tariffs and other barriers to trade" will contribute to the
objective of "raising standards of living."
Where mergers or direct acquisitions fail, a takeover can be attempted.
Puffing creates an express warranty.
The unemployment insurance program in the United States is financed through a
payroll tax paid by employers.
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Torts are civil wrongs that arise from contracts.
The Supreme Court among other responsibilities, executes laws, makes treaties, and
commands the armed forces.
The victim of a breach can recover just the direct losses from the breach and not any
indirect losses that were incurred as a consequence of that breach.
In the context of the cap-and-trade program, pollution credits are issued to the least
significant emitters of the pollutant for which a cap is set.
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Virtue ethics applauds the person who is motivated to do the right thing and who
cultivates that motivation in daily conduct.
Chapter 13 of the Bankruptcy Act permits only voluntary bankruptcies and is restricted
to those with steady incomes and somewhat limited debts.
The lack of regulatory uniformity among the states led Congress in 1996 to enact the
_____, preempting state registration requirements for securities traded on national
markets.
A. Private Securities Litigation Reform Act
B. Securities Exchange Act
C. National Securities Markets Improvement Act
D. Dodd€Frank Act
Which act forbids attempts to monopolize as well as monopoly itself?
A. The Sherman Act
B. The Sarbanes-Oxley Act
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C. The Robinson-Patman Act
D. The Wagner Act
Which of the following has the authority to file discrimination lawsuits on behalf of
employees despite an arbitration agreement?
A. Equal Employment Opportunity Commission
B. Pension Benefit Guaranty Corporation
C. The United States Civil Service Commission
D. The U.S. Securities and Exchange Commission
By its nature a(n) _____ results in market foreclosure; that is, competitors are denied a
source of supply or a market for sale.
A. price differential
B. exclusive deal
C. tying arrangement
D. free rider
Which of the following presents the company's assets, liabilities, and equity in a
registration statement?
A. Income statement
B. Balance sheet
C. Statement of cash flows
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D. Supplemental information
Which of the following statements about the Fifth Amendment is true?
A. It guarantees individual Americans a fundamental right to bear arms.
B. It forbids the establishment of an official state religion and undue state interference
with religious practice.
C. It prohibits the taking of private property for public use without just compensation
for the owner.
D. It provides the right for people to be secure in their houses against unreasonable
searches and seizures shall not be violated.
A person offers a $100 reward to anyone who finds his lost dog. This is an example of
a(n) _____ contract.
A. bilateral
B. unilateral
C. express
D. implied-in-fact
Which of the following credit reporting protections is offered by the federal Fair Credit
Reporting Act?
A. In all cases, negative information more than seven years old must be reported in a
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consumer's credit report.
B. All inaccurate information must be corrected or removed from a consumer's credit
file, usually within 30 days.
C. Consumers cannot sue a credit reporting agency or a bank for damages even if their
rights under the act have been violated.
D. Anyone using information from a credit reporting agency to deny a consumer credit
cannot reveal the source of information to the consumer.
Which of the following actions of an employer would be regarded as an unfair labor
practice as per Section 8(a) of the National Labor Relations Act?
A. Using lockouts as defensive acts to protect businesses against sudden strikes and to
prevent sabotage or violence
B. Discouraging membership in any labor organization by discrimination in regard to
hiring or any other term of employment
C. Agreeing to bargain collectively with a duly certified representative of the employees
D. Firing employees for indulging in any unlawful activity at the workplace
Which of the following requirements must a plaintiff meet to establish a successful
negligence claim?
A. The plaintiff must establish that the defendant owed the plaintiff a duty of due care.
B. The plaintiff must show that the defendant meant to do the act that caused the harm.
C. The plaintiff must prove that the defendant intentionally published false statements
about the plaintiff.
D. The plaintiff must have been psychologically injured by an unreasonably dangerous
product.
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Which of the following statements about corporations is true?
A. A promoter files articles of incorporation with the state government to create a
corporation.
B. When a corporation's liabilities exceed its assets, its creditors can reach the personal
assets of the shareholders.
C. A corporation need not establish books of accounts.
D. When an employee or director commits a tort or crime while conducting corporate
business, the corporation is not liable for the consequences.
Which of the following is forbidden under Section 1 of the Sherman Antitrust Act,
1890?
A. Monopolization
B. Restraints of trade
C. Attempts to control
D. Conspiracies to monopolize
Which of the following acts offers the primary legislative oversight: "That no person
engaged in commerce shall acquire the whole or any part of the stock or the assets of
another person engaged also in commerce where the effect of such acquisition may be
substantially to lessen competition, or to tend to create a monopoly"?
A. The Wagner Act
B. The Sarbanes-Oxley Act
C. The Clayton Act
D. The Robinson-Patman Act
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In the context of federalism, which of the following is a view held by liberals?
A. They hold that federal government has often exercised authority beyond its express
constitutional powers.
B. They hold that each state is entitled to make its own policy decisions about crucial
matters such as slavery.
C. They distrust big government and favor bringing power closer to the people.
D. They favor a more unified national approach to issues such as regulation of business,
educational policy, medical care, and civil rights.
A court order that may either require or forbid a party to perform a specified act is a(n)
_____.
A. rescission
B. reformation
C. injunction
D. quasi-contract
Which of the following statements is true of the Clean Water Act?
A. Enforcing this act and ensuring that water bodies are monitored regularly primarily
comes under the federal jurisdiction.
B. Eliminating the discharge of pollutants into navigable waters is one of the goals of
this act.
C. Achieving water quality sufficient only for recreation in and on the water is its
primary goal.
D. Eliminating pollutants emitted from nonpoint sources is the main focus of this act.
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Which of the following is true about mediation?
A. The involved parties generally devise their own solution, with the mediator as a
facilitator, not a decision maker.
B. The mediator's decision is legally binding, although in some cases, such as labor
disputes, it may be appealed to a court.
C. The involved parties present proofs and presentations, and hence it is procedurally
more formal than arbitration.
D. The mediator's proposed solution is a determination of right or wrong rather than a
compromise.
The Americans with Disabilities Act (ADA) amended Title VII of the Civil Rights Act
of 1964, requiring pregnant employees to be treated the same as all other employees
with temporary disabilities.
For felony cases, after an indictment or information, the accused individual is brought
before the court for _____, where the charges are read and a plea is entered.
A. arraignment
B. conviction
C. voir dire
D. demurrer
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Explain the National Labor Relations Board's (NLRB) guidelines with regard to
employees indulging in political advocacy at the workplace.
Differentiate between teleology and deontology. Give an example of each.
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In the context of animal cruelty, explain with an example why the law was limited to
obscene crush videos?
Identify the major provisions of the 2002 Sarbanes-Oxley Act.
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Briefly explain nuisance, trespass, and strict liability.
Discuss the enforcement actions available for the government agencies in case of
environmental issues.
Briefly explain the American Immigration Law.

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