LWP 666 Quiz 2

subject Type Homework Help
subject Pages 9
subject Words 4144
subject Authors Tony McAdams

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In an implied-in-fact contract, the contract is inferred on the basis of the behavior of the
parties.
Moral identity involves the degree to which moral concerns are central to our sense of
self.
Conscious parallelism, which is allowed under the Sherman Act, arises from an explicit
agreement between competitors.
The business community in America cannot influence the electoral and law-making
processes.
The Supreme Court has the power to veto acts of Congress.
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The Honest Leadership and Open Government Act of 2007 was part of the most
comprehensive lobbying and ethics reform effort in the federal government in many
years.
Price discrimination involves selling services at reasonably contemporaneous times to
different purchasers at different prices, where the effect is to harm competition.
Which of the following statements is true of the formation of partnerships?
A. Partnership accounting systems are the least expensive of all the business forms.
B. The partnership form generally requires a number of annually recurring events such
as state filings or statutorily mandated meetings of owners.
C. The vast majority of partnership agreements are written.
D. The co-owners of a partnership must intend to join in the sharing of risks and
rewards via the active conduct of business.
In the context of the federal court system, virtually all parties seeking Supreme Court
review must petition the Court for a _____, which commands the lower court to
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forward the trial records to the Court.
A. writ of mandamus
B. writ of attachment
C. writ of elegit
D. writ of certiorari
Which of the following is true of the Sherman Act?
A. It applies to the conduct of American business abroad when that business has a direct
effect on American commerce.
B. It applies only to the conduct of all businesses based in the United States.
C. If a business was conducted entirely abroad, it is outside the purview of the Sherman
Act.
D. If an American firm enters into an agreement with another nation, it cannot be sued
for violations under the Sherman Act.
Which of the following statements is true about mini--trials?
A. The outcomes of mini--trials are obligatory and binding.
B. In a mini--trial, each organization involved in a dispute presents its version of the
case to a panel of senior executives from each organization.
C. Mini--trials generally exclude neutral third parties in the resolution process.
D. The parties cannot legally formalize any agreement reached in a mini--trial and must
appeal for resolution to the formal judicial system.
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Chapter 13 of the Bankruptcy Act provides the opportunity to seek the protection of the
court to arrange a debt adjustment plan for _____.
A. general partnerships
B. creditors
C. individual debtors
D. corporations
Which of the following is a feature of the Americans with Disabilities Act (ADA)?
A. It forbids unreasonable searches and seizures.
B. It imposes a general duty on most employers to provide a workplace free of
recognized hazards.
C. It protects recovering drug addicts and those erroneously believed to be drug
abusers.
D. It provides rights to minimum wage and overtime pay.
Identify the true statement about felonies.
A. They include crimes such as petty theft and disorderly conduct.
B. They are typically punishable by fine or by imprisonment for no more than one year.
C. They are special situations in which one levies war against the United States or gives
aid and comfort to its enemies.
D. They are typically punishable by death or by imprisonment in a federal or state
penitentiary for more than one year.
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In the context of case briefs, _____ refers to noting the central question or questions on
which a case turns.
A. issue
B. holding
C. reasoning
D. procedure
Which of the following statements is true of the antiretaliation provision under Title VII
of the Civil Rights Act of 1964?
A. It encourages labor unions to engage in closed shop arrangements.
B. It discourages exercise of employees' rights.
C. It shifts the power in an employment relationship in favor of the employer.
D. It protects employees opposing an employment practice that violates Title VII.
Which of the following acts provided for an unemployment insurance program?
A. The Social Security Act
B. The Family and Medical Leave Act
C. The National Defense Authorization Act
D. The Fair Labor Standards Act
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Which of the following is the federal agency charged with protecting consumers from
"unreasonable risks of injury and death" from products such as toys, lawn mowers,
washing machines, bicycles, fireworks, pools, portable heaters, and household
chemicals?
A. The Consumer Product Safety Commission
B. The Consumer Goods Forum
C. The Consumer Financial Protection Bureau
D. The Federal Trade Commission
Which of the following is true of credit reporting protections provided to consumers
under the federal Fair Credit Reporting Act (FCRA)?
A. In case of inaccurate information in a credit file, the concerned credit reporting
agency must make the correction, usually within 90 days.
B. If a person makes a request, the concerned credit reporting agency must give the
person a list of all those who have recently sought information about him or her.
C. Credit reporting agencies do not need a written consent from a person to provide
information to the person's employer or prospective employer.
D. Negative information more than two years old must not be reported in a consumer's
credit file.
In the context of employment discrimination, which of the following statements about
disparate treatment is true?
A. Employees or applicants making claims of disparate treatment must prove their
employers' intent to discriminate with either direct or indirect evidence.
B. Disparate treatment claims are solely restricted to the Age Discrimination in
Employment Act (ADEA).
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C. Disparate treatment claims arise from unintentional discrimination where an
employment practice appearing to be neutral has the effect of adversely impacting a
particular group.
D. Employees do not have to produce proof of intent in case of disparate treatment
claims.
Which of the following statements is true about alternative dispute resolution (ADR)?
A. ADR is more formal and more adversarial than the judicial process.
B. ADR costs more and is more time consuming than litigation.
C. The parties in an ADR are always encouraged to keep the dispute public.
D. The parties in an ADR can choose when and where the dispute will be heard.
Which of the following is true of private trials?
A. Private trials are expensive and time consuming.
B. In a private trial, the responsibility of hiring a retired judge and jurors is taken by a
third party such as a mediation firm.
C. Private trials are more formal and more adversarial than the judicial process.
D. In a private trial, a neutral third party is given the power to determine a binding
resolution of the dispute.
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How can a student use case briefs to master the law? Explain.
Describe the exclusionary rule, its purpose, and the major criticism of its usage.
Explain in brief the federal sentencing guidelines issued by the U.S. Sentencing
Commission.
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Identify and discuss an ethical issue raised by the global nature of the Internet.
Explain in brief a free speech issue in the context of online pornography. Describe the
role of the judiciary and the Congress in handling this issue.
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What are the components of a registration statement?
Compare, from a corporate social responsibility point of view, the corporate policies of
Walmart and Costco.
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Explain the application of U.S. antitrust policies overseas.
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What is premerger notification?

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