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Unauthorized use of a registered trademark is known as:
A. false advertising.
B. infringement.
C. denigration.
D. depreciation.
E. copy violation.
The Pregnancy Discrimination Act:
A. covers only married pregnant women.
B. provides for medical coverage in case of medical complications arising from
voluntary abortions.
C. requires than an employer specify how long a leave of absence be taken after
childbirth.
D. bars a pregnant woman from all other benefits provided for employees if she
undergoes an abortion.
E. bars the inclusion of the pregnancies of male employees' wives in the employer's
health insurance plan.
The 1991 amendments to the Civil Rights Act allow:
A. recovery of damages at any time after discrimination is practiced.
B. recovery of compensatory and punitive damages when employers are guilty of
intentional discrimination.
C. recovery of compensatory and punitive damages when employers are guilty of
negligent discrimination.
D. punitive damages of twice the compensatory damages when negligence is proven.
E. speculative damages along with the legal fees.
Due diligence defense requires that an expert prove that a reasonable investigation of
the financial statements of the issuer and _____ was conducted.
A. sellers
B. bailees
C. underwriters
D. controlling persons
E. guarantors
In the absence of a statute, the rights and duties of the parties to a submission for
arbitration are described and limited by:
A. the Constitution.
B. denovo review.
C. class-action certification.
D. arbitrability.
E. the agreement.
With regard to the Equal Pay Act, courts have recognized that "equal" means:
A. identical.
B. indistinguishable.
C. substantially equal.
D. vaguely equal.
E. similar.
_____ occurs when a principal voluntarily decides to honor an agreement, which
otherwise would not be binding due to an agent's lack of authority.
A. Novation
B. Ratification
C. Negotiation
D. Release
E. Waiver
Discrimination in pay is allowed if:
A. it arises from a piecework production system.
B. the discrimination is confidential.
C. it is based on personal characteristics.
D. the salary is not in U.S. dollars.
E. it is based on gender.
Which of the following is true about the prohibiting discrimination factor of the
commerce clause?
A. The commerce clause prohibits discrimination against intrastate commerce in favor
of interstate commerce.
B. Federal government often attempts to aid local business in its competition with
interstate business.
C. The commerce clause requires that all regulations be the same for local businesses as
for businesses engaged in interstate commerce.
D. A state may place itself in a position of economic isolation from other states.
E. The commerce clause requires that the regulations for foreign trade be same for
businesses engaged in local trade.
Joshua owns orange groves. He enters into a contract with the local food processing
plant whereby he would sell oranges only to that particular food processing plant.
Joshua has entered into a contract which would be termed as a(n):
A. instalment contract
B. exclusive dealing contract
C. reciprocal dealing contract
D. tying contract
E. franchise contract
In J.E.B. v. Alabama, the Court declared that the use of peremptory challenges by
prosecutors in criminal cases to excluded jurors on the basis of _____ violated the equal
protection clause.
A. gender
B. religious preference
C. race
D. national origin
E. sophistication
_____ damages are awarded by the court to the plaintiff for a breach of contract which
causes no financial injury to the plaintiff.
A. Specific
B. Consequential
C. Nominal
D. Liquidated
E. Compensatory
If an assignor assigns the same rights to two different assignees:
A. the assignee who first received the assignment has priority in receiving payment
from the obligor.
B. the assignee who first notifies the obligor of the assignment has priority in receiving
payment from the obligor.
C. the obligor must pay both assignees equal amounts but no more than what would
have been paid had there only been one assignment.
D. the assignment becomes void and the original contract remains in force.
E. the original contract and the assignments, thereafter, will be declared void since
assigning the same rights to two assignees is illegal.
How many Supreme Court justices does it take to vote for a writ of certiorari for it to be
granted?
A. Five
B. Four
C. One
D. Nine
E. Eight
Which of the following statements holds true for monopoly power?
A. Mere possession of monopoly power violates Section 1 of the Sherman Act.
B. Monopoly power "thrust upon" a firm violates Section 2 of the Sherman Act.
C. Monopoly power which exists because of a patent or franchise violates the Clayton
Act.
D. If the firm engages in conduct that has the effect of extending the monopoly power,
it does not violate the Sherman Act.
E. Proof of monopoly power is insufficient to qualify as a violation of the Sherman Act.
Strict products liability applies to which of the following parties?
A. Medical practitioners
B. Commercial sellers
C. Accountants
D. Media personnel
E. Attorneys
_____ law jurisprudence believes that law is simply the commands of the state backed
up by force and punishments.
A. Positive
B. Natural
C. Historical
D. Sociological
E. Tort
An insider is any person who owns more than _____ percent of any security.
A. 5
B. 10
C. 15
D. 20
E. 50
Which of the following acts is directed at protecting employees' health care?
A. COBRA
B. FMLA
C. FLSA
D. ERISA
E. WARN
Which type of a contract can be adopted in case of a domestic firm granting a foreign
firm the means to produce and sell its product?
A. Transfer contract
B. Franchise contract
C. Promotion contract
D. Foreign investment contract
E. Foreign subsidiary contract
A series of written questions concerning the lawsuit sent to the opposing parties are
known as:
A. depositions.
B. requests for production.
C. requests for an admission.
D. interrogatories.
E. affidavits.
The judicial standard for interpreting the scope of discovery permits a party to seek
information if it:
A. will lead to evidence admissible during the trial.
B. is immediately indicative of guilt or innocence.
C. is clear and convincing evidence of negligence.
D. is important enough to the requesting party that they will file a request.
E. is protected by lawyer-client confidentiality.
Environmental impact statements became a requirement based on the:
A. National Environmental Policy Act.
B. Toxic Substances Control Act.
C. Clean Water Act.
D. Marine Protection, Research and Sanctuaries Act.
E. Waste and Resource Reclamation Act.
The "veil of ignorance" means that to think ethically you must:
A. lose the assumption that what you personally want or need is necessarily morally
correct.
B. recognize that one cannot make valid ethical decisions unless they are totally
unaware of the other parties involved so as to eliminate bias.
C. recognize that one cannot make valid ethical decisions unless they are totally
unaware of the circumstances leading to the ethical dilemma so as not to be influenced
by unchangeable history.
D. put yourself in the position of those affected by your decision and act as you would
want them to act.
E. make every ethical decision as if you did not have any education in ethical or moral
history.
A(n) _____ contains a specific promise and a specific demand.
A. consideration
B. revocation
C. offer
D. capacity
E. novation
Which of the following forms of organization requires no formal documentation but
only business licenses for formation?
A. Limited partnership
B. Corporation
C. Limited liability company
D. Sole proprietorship
E. S corporation
The president of soft drinks bottling company agreed with a competitor to stop
discounts to retailers, which earned him a jail sentence. What was his crime?
A. Variable pricing
B. Vertical price-fixing
C. Resale price maintenance
D. Predatory conduct
E. Horizontal price-fixing
Which of the following holds true for elections to certify unions?
A. They are public and open to any employee.
B. They are by secret ballot.
C. They are supervised by state appointed labor representatives.
D. They need not be recognized by management.
E. They must be agreed to by all the employees.
Which of the following is true concerning the arbitration of international disputes?
A. Arbitration is not widely practiced and, hence, is not an easily available option.
B. Arbitration creates more publicity than litigation.
C. Arbitration is complex alternative for the parties involved.
D. Arbitration can be compelled, where previously agreed upon by the parties.
E. Arbitration has been proven to have limited effectiveness concerning international
disputes.
_____ is defined as any act or threat involving specified state law crimes, any "act"
indictable under various specified federal statutes, and certain federal "offenses."
A. Fraudulent misrepresentation
B. Racketeering
C. Money laundering
D. Embezzlement
E. Larceny
A petition for a _____ is a request by the losing party in the court of appeals for
permission to file an appeal with the U.S. Supreme Court.
A. writ of certiorari
B. writ of mandamus
C. writ of assistance
D. writ of habeas corpus
E. writ of possession
