The Association of Organic Food Producers, which does not include all organic farmers
and ranchers, refuses to deal with any parties who do not carry the products of its
members. This group boycott is
a. a situation that neither restrains trade nor harms competition.
b. a legal restraint of trade.
c. a per se violation of antitrust law.
d. subject to analysis under the rule of reason.
Answer:
Savers Mart, Inc., distributes its merchandise on an interÂstate basis. Under the
commerce clause, Congress has the power to regulate
a. any commercial activity in the United States.
b. only activities that are in intrastate commerce.
c. only activities that are in local commerce.
d. none of the choices.
Answer:
Shale Oil Mining Corporation is a U.S. employer. Shale Oil and other U.S. employers
must perform I-9 verifications for
a. a random selection of new hires.
b. every other new hire.
c. new hires with certain racial or ethnic characteristics.
d. each new hire.
Answer:
Owen uses the Internet to defraud Prairie Valley Credit Union. He is found guilty of
wire fraud. He can be punished by
a. imprisonment for not more than one year.
b. imprisonment for up to thirty years and fines of up to $1 million.
c. fines for not more than $50,000.
d. death.
Answer:
Garry drives a truck as an employee for Heavy Hauling, Inc. Garry would most likely
be considered acting outside the scope of her employment if he
a. crashed into a car at the airport while off duty.
b. hit a pedestrian in a parking lot during a ‘working’ lunch.
c. ran over an attendant at a gas station while refueling the truck.
d. smashed into a store-front while intoxicated on-duty.
Answer:
A suit is filed against DrillBits Corporation, alleging that the firm commitÂted the
offense of monopolization. To determine whether DrillBits has monopoly power
requires looking at
a. the price of a share of DrillBits’ stock.
b. DrillBits’ size alone.
c. DrillBits’ production methods and marketing techniques.
d. the relevant market.
Answer:
Alice is injured when she is struck by debris floating on her property, which was
flooded by a breach of Big R Ranch’s reservoir. The rule that a person who engages in
certain activities may be liable under the doctrine of strict liability for any harm that
results was established by
a. private parties engaged in negotiation.
b. the U.S. Congress.
c a British court.
d. a U.S. court.
Answer:
Megan reaches into Ned’s pocket and takes his wallet’”without his consent and without
his immediate awareness. Unlike robbery, picking pockets does not involve
a. breaking and entering.
b. force or fear.
c. large amounts of cash.
d. weapons.
Answer:
O’Reilly files a suit against Petrarch. They meet, and each party’s atÂtorÂney arÂgues
the party’s case before a judge and jury. The jury presents an adviÂsory verdict, after
which the judge meets with the parties to enÂcourÂage them to settle their dispute.
This is
a. a mini-trial.
b. a summary jury trial.
c. court-ordered arbitration.
d. early neutral case evaluation.
Answer:
Sonya and Taylor enter into an oral contract that is required to be in writing to be
enforceable. Such a contract is normally
a. voidable by a party who does not wish to follow through with it.
b. void.
c. valid.
d. voidable but only by consent of both parties.
Answer:
Discount Retail Corporation’s social media policy directs its employees to ‘avoid
negative public comments about your company.’ Elin is an employee of Discount
Retail. When Elin criticizes fellow employees online, Discount Retail fires her. Elin
then files a suit against the employer, seeking reinstatement. The court will most likely
a. award Elin reinstatement.
b. uphold Discount Retail’s right to terminate Elin.
c. order the parties to submit to online dispute resolution.
d. refer the issue to a higher court.
Answer:
Boni, the owner of Café Rico, knows about, but does not take any action to prevent,
the sexual harassment of employees. Boni and the café may be liable for such
harassment by
a. an employee’s previous employer.
b. a customer or a co-worker.
c. an employee’s spouse or other close relative.
d. none of the choices.
Answer:
Smart Tablets, Inc., requires all distribuÂtors of its products to sell them at a specified
minimum price. This is a violation of antitrust law
a. if the anticompetitive effects outweigh the competitive benefits.
b. if the competitive benefits outweigh the anticompetitive effects.
c. under any circumstances.
d. under no circumstances.
Answer:
Odina signs a covenant not to compete with her employer, Penultimate Sales
Corporation. A court decides that the covenant is overly restrictive. Depending on the
jurisdiction, the court will likely
a. enforce it as written so as not to undercut the freedom of contract.
b. enforce it but evaluate its effects over time.
c. reform its terms to prevent any undue burden.
d. refuse to enforce it unless Penultimate pays a fine to the court.
Answer:
Giancarlo copies Hedrick’s book, Information Free, in its entirety and sells it to Justice
Fair Books, Inc., without Hedrick’s permission. Justice Fair publishes it under
Giancarlo’s name. This is
a. copyright infringement.
b. fair use.
c. licensing.
d. protected expression.
Answer:
To resolve a dispute, Ripley in South Dakota and Tyler in Utah utilize Virtual Solution,
a nonbinding online dispute resolution (ODR) service. This limits these parties’ recourse
to the courts
a. not at all.
b. until the ODR service has issued a decision.
c. with respect to any dispute arising between them.
d. with respect to this dispute only.
Answer:
The U.S. Constitution is the basis of all law in the United States.
Answer:
The theft of trade secrets is a civil wrong but not a crime.
Answer:
Merchants are not required to warrant that the goods they sell are fit for their ordinary
purpose.
Answer:
For purposes of diversity of citizenship, a corporation is a citizen only of the state in
which its principal place of business is located.
Answer:
The doctrine of sovereign immunity provides that only a head of state can make treaÂ-
ties with anÂother nation.
Answer:
Federal administrative agencies can exercise only those powers that a state legislature
has delegated to them in enabling legislation.
Answer:
The rights that accompany a fee simple absolute include the right to use the land for
whatever purpose it is best suited, not necessarily for whatever purpose the owner sees
fit.
Answer:
Business has little incentive to try to influence the regulatory environment through
lobbying.
Answer:
An employer generally is required to notify an employee when an abÂsence will be
counted as family or medical leave under federal law.
Answer: