LWP 714 Final

subject Type Homework Help
subject Pages 9
subject Words 3109
subject Authors Tony McAdams

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Sole proprietorships are mutual agencies.
Arbitration is never used in international trade disputes.
Anticipatory breach of contract occurs when a party, before performance is due,
indicates by word or deed that she or he will not perform.
Drug testing is regulated by the federal government.
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An S corporation pays double tax on its income.
The United States has a comprehensive privacy law addressing the Internet
environment.
The Fourth Amendment prohibits all warrantless searches.
According to act-utilitarianism, our goal is to identify the consequences of a particular
act to determine whether it is right or wrong.
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Intentional untruths constitute _____.
A. misrepresentation
B. falsification
C. fraud
D. mistake
A(n) _____ believes principle is primary and consequence is secondary or even
irrelevant.
A. deontologist
B. situationalist
C. teleologist
D. existentialist
Which of the following is a criticism of the historic 1803 Marbury v. Madison decision?
A. The federal and state judicial decisions finding "constitutional right" to abortion or
same-sex marriage have reduced the authority of directly elected legislators and placed
too much power in the hands of jurists who are removed from the weight of public
opinion.
B. The federal departments of Justice and Education issued a "blueprint" for colleges
nationwide that redefines sexual harassment to include "unwelcome conduct of sexual
nature."
C. The federal blueprint and campus speech codes designed to maintain safe, civil
learning environments that embrace diverse cultures act as restraints and are
unconstitutional, and they amount to a demand for politically correct speech.
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D. Constitutional similarities between other nations and the United States have plunged
while emulation of the Canadian constitution, in particular, has soared.
Section 9 of the National Labor Relations Act:
A. lists activities constituting unfair labor practices by a labor organization.
B. specifies the election procedures by which employees may choose whether to be
represented by a particular union or no union at all.
C. lists activities constituting unfair labor practices by an employer.
D. ensures that employers will not be able to interfere with union activities by either
seizing control of the unions or refusing to bargain collectively.
In the context of corporate or white-collar crime, which of the following statements is
true of sentencing?
A. Companies involved in crimes do not receive reduced penalties even if they have
effective compliance programs in place.
B. Federal sentencing guidelines are issued by the Uniform Commercial Code.
C. Departures from federal sentencing guidelines are not permissible for any form of
cases.
D. Responsibility for compliance rests explicitly with the board of directors and
top-level executives.
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Which of the following federal agencies is primarily responsible for enforcing the
finance laws such as the Electronic Fund Transfer Act and the Fair Credit Billing Act?
A. The Chief Financial Officers Council
B. The American Federation of Labor
C. The Consumer Financial Protection Bureau
D. The Consumer Product Safety Commission
A chemical plant has expanded with all the appropriate permits from related agencies.
Since the expansion, people living within a few miles of the plant are awakened at night
by the bright light and loud noise associated with flaring unused gas and chemicals
from smokestacks. Assuming the flaring does not threaten the residents' safety, what
common law claim would best address the citizens' complaints in this scenario?
A. A trespass claim
B. A negligence tort claim
C. A strict liability tort claim
D. A nuisance claim
_____ is the process of building profiles of individuals by organizing all the disparate
pieces of information collected in the normal course of business.
A. Data mining
B. Phishing
C. Hacking
D. Whistleblowing
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Which of the following statements is true of the Sarbanes-Oxley Act?
A. It establishes an independent board to oversee the accounting profession.
B. It establishes a universal, formalist rule forbidding layoffs of all competent
employees.
C. It was enacted to reward those who help stop fraud involving government contracts.
D. It was enacted in response to disclosure of widespread bribery by American firms.
The Equal Credit Opportunity Act (ECOA) is designed to combat bias in lending.
Under the 1933 Act, a draft prospectus is included with the filed registration statement.
This is known as a _____ prospectus.
A. greenmail
B. red herring
C. crown jewel
D. blue sky
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When a promisee's primary purpose in entering a contract is to make a gift to another,
that third party is a(n) _____ of the contract. A. incidental beneficiary
B. contingent beneficiary
C. creditor beneficiary
D. donee beneficiary
What are the legal requirements to claim workers' compensation?
Describe some of the elements of a valid offer with examples.
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Identify and explain the elements a plaintiff must prove to establish an illegal tying
arrangement.
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What are the issues arising under the IV Amendment 'search and seizure" rules?
Briefly explain the role of the Equal Protection Clause.

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