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Which of the following are judicial decisions that interpret the relevant constitutional,
legislative, and regulatory laws?
A. Citations
B. Opinions
C. Case law
D. Dicta
E. Statutes
Intermediaries, under the FCPA, are:
A. given restricted rights to make payments to a foreign official.
B. allowed to make payments to a foreign official.
C. prohibited from making payments that can go to a foreign official.
D. prohibited from all types of international trade.
E. a recommended mode to make payments to foreign officials.
Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does
not mention the prices. The server takes their order and both Fred and Betty enjoyed the
meal immensely. When the bill comes, Fred refuses to pay because the menu had no
prices and because he and the server never engaged in language indicating an offer and
acceptance. The server said, "Are you ready to order" and when Fred said "yes", the
server merely asked, "What may I get you tonight"?
A. Fred must pay based on an implied-in-fact contract theory.
B. Fred must pay based on a promissory estoppel theory.
C. Fred must pay based on an express contract theory.
D. Fred is correct because no contract was formed.
E. Fred and the server are a part of an express contract; hence Fred will have to pay.
Which of the following is a function of a trademark?
A. Obviousness
B. Utility
C. Distinctiveness
D. Certification
E. Guarantee
Which of the following is true about commercial speech?
A. It is not protected by the First Amendment.
B. Corporations have First Amendment rights in the political speech arena.
C. The public interests served by freedom of expression protect the listener but not the
speaker.
D. Freedom of speech for corporations is as extensive as the right of an individual.
E. Corporations are not protected and do not have the right to free speech.
The contract clause:
A. applies to the federal government.
B. allows a state to impose new prices on existing contracts.
C. prohibits the federal government from contracting with a state government.
D. limits a state's ability to impair the obligation of a contract.
E. allows a state to enact laws that impact rights under existing contracts.
Under the minimum rationality approach, a _____ qualifies as a legitimate goal of
government.
A. rational connection
B. prohibited state end
C. irrational state end
D. permissible state end
E. wholly arbitrary case
Which of the following terms represents the legal responsibility for injury-causing
behavior that is neither intentional nor negligent?
A. Strict liability
B. Battery
C. Assumption-of-the-risk
D. Comparative fault
E. Cause in fact
Under the regulation of interstate commerce:
A. the states have the exclusive power to commerce that passes across their lines.
B. activities affecting interstate commerce do not come under the power of the deferral
government.
C. regulation on any activity is appropriate if it aids interstate commerce.
D. intrastate activities affecting interstate commerce can be regulated only by the state
governments.
E. the Congress cannot regulate a local activity.
When the owner of an old airplane engine has it restored and has an airplane built
around it, the owner of the engine now owns the entire airplane through the doctrine of
_____, which refers to something "added."
A. accession
B. collateral
C. eminent domain
D. negative easement
E. easement by prescription
Which of the following is true of a waiver?
A. It occurs when a party announces the other party does not have to perform as
promised.
B. It occurs before a contracting party fails to perform.
C. It can take the form of a negotiated contract.
D. It is bargained for and is supported by consideration.
E. It occurs after a contracting party fails to perform.
ECNAL Corp. manufactures bicycle parts and equipment. One of their new products,
the Slipstream tire, is advertised to be 5 percent faster than the competition due to a new
rubber compound used that reduces road drag and friction significantly. After receiving
complaints of fraud, the FTC determines that the tire is made from rubber similar to that
found in most bicycle tires and it does not, in fact, reduce road drag and friction any
more than other tires on the market. The FTC has ordered ECNAL to include in their
advertising the truth about the tire materials and their quality and specifically state that
the Slipstream tire does not improve speed or performance. The FTC has ordered
ENCAL to engage in:
A. corrective advertising.
B. cease and desist advertising.
C. comparative advertising.
D. parody advertising.
E. social advertising.
Standards regarding unsafe and unhealthy workplace conditions are created and
enforced under:
A. NLRB.
B. FLSA.
C. ERISA.
D. OSHA.
E. IRCA.
An environmental impact statement:
A. includes available alternatives to the proposed action.
B. includes positive environmental effects of the proposed action.
C. includes a statement of any reversible use of resources.
D. must be included in most major federal actions significantly affecting the quality of
the human environment.
E. must be included in most recommendations or reports on proposals for legislation
affecting the environment.
_____ is a legal term referring to the transfer of possession from the seller to the buyer.
A. Performance
B. Condition
C. Delivery
D. Waiver
E. Release
What is created through the morality of property, or the legal right to exclude others
from the resources one has or acquires?
A. A veil of ignorance
B. A categorical imperative
C. An economic interdependence
D. A field of protection
E. An exclusive private sphere
The equal protection clause has been applied in cases involving:
A. welfare residency requirements.
B. commercial speech.
C. right to use guns in public areas.
D. freedom of the press.
E. marriage.
Which of the following terms refers to force or threat of force?
A. Unilateral mistake
B. Misrepresentation
C. Undue influence
D. Duress
E. Mutual mistake
The formal application for a corporate charter is called the:
A. articles of confederation.
B. articles of incorporation.
C. articles of partnership.
D. articles of association.
E. articles of integration.
Making ethical or moral decisions to promote the common good is a significant
principle of ethical _____.
A. existentialism
B. daoism
C. utilitarianism
D. self-promotion
E. fundamentalism
Which of the following is true of mediation?
A. Mediators tend to be more expert in the field than arbitrators so their decisions are
less likely to be erroneous.
B. The disputing parties do not have control over the process, reducing preparation
time.
C. Though mediation is typically more expensive than litigation and arbitration, the
quality is often better.
D. A mediator cannot impose a binding solution on the parties as he is an interested
party to the dispute.
E. A trial judge can require the disputing parties to submit to the mediation process
before litigation.
In civil cases, the right to trial by a jury is preserved in suits at common law when the
amount in controversy exceeds:
A. $20.
B. $2,500.
C. $500.
D. $175.
E. There is no minimum amount.
The classification of crime is based on:
A. location.
B. prior record.
C. punishment imposed if convicted.
D. the judge's prerogative.
E. the jury's indictment.
If a debtor falsifies the information filed in a bankruptcy proceeding, the debtor is said
to have committed:
A. a crime.
B. an offense of concealment.
C. a counterfeit.
D. a conspiracy.
E. a wire fraud.
Under the doctrine of sovereign immunity, the foreign sovereign claims to be immune
from suit entirely based on _____.
A. its status as a commercial center.
B. its membership with the World Trade Organization.
C. its status as a state.
D. its political and economic conditions.
E. its commercial acts.
Stephen, a private individual, intends to bring a public nuisance claim against a textiles
plant because its runoff is destroying the natural habitat of the local river's beaver
population. Which of the following will permit Stephen to bring a valid claim?
A. Stephen is the leading aquatic biodiversity scientist in the state.
B. Stephen traps the beavers for a living.
C. The state owns the textile plant.
D. The runoff has also caused substantial damage to Stephen's property.
E. The governor owns the textiles plant.
Under common law, if an injury occurred because of the negligence of another
employee, the employer would escape liability because of the _____ defense.
A. assumption of the risk
B. exclusive remedy rule
C. fellow-servant rule
D. contributory negligence
E. shelter rule
The intentional unjustified confinement of a non-consenting person is known as:
A. invasion of privacy.
B. false imprisonment.
C. battery.
D. malicious prosecution.
E. defamation.
_____ are in effect a form of punishment for violating the law and sometimes also serve
as a preventive action.
A. Ordinances
B. Statutes
C. Sanctions
D. Torts
E. Opinions
Brooke has fallen asleep on the beach. Eight guys get into a circle around her and one
gets real close and screams, 'snake" into her ear. When she jumps up screaming in
fright, they all start laughing at her. What tort have they committed?
A. Battery
B. Assault
C. Disparagement
D. Defamation
E. Conversion
Under the 1934 Act, an individual found guilty of filing false or misleading documents
with the SEC may be imprisoned up to:
A. 5 years.
B. 10 years.
C. 15 years.
D. 20 years.
E. 25 years.
Business ethics reflects elements of:
A. formalism only.
B. consequentialism only.
C. both fundamentalism and consequentialism with a focus on formalism.
D. both fundamentalism and consequentialism with a focus on consequentialism.
E. neither formalism nor consequentialism.
