BA3301 final exam

Question 1 Many areas of law important to businesses are governed by the Uniform Commercial Code.AnswerTrueFalse2 points Question 2 The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance.AnswerTrueFalse2 points Question 3 Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another.AnswerTrueFalse2 points Question 4 The federal government and state governments have separate and distinct powers. This arrangement constitutes a(n)_______________separation of powers.AnswerVerticalHorizontalTransitionalEquitable2 points Question 5 Stare decisistranslates asAnswerThe thing is done that ought to be done.Stand by the decision.Stand and be recognized.The decision of the sovereign2 points Question 6 The jurist who presides over an equitable proceeding is called theAnswerGrand masterChancellorJusticeJudgepro tempore2 points Question 7 It is the function of the jury to decide the facts that are in dispute in a case.AnswerTrueFalse2 points Question 8 To which of the following can the need to go to different courts for legal and equitable remedies be traced?AnswerThe early English court systemThe Code of NapoleonArticle II of the ConstitutionThe Articles of Confederation2 points Question 9 Only the United States Supreme Court can issue an interlocutory decree.AnswerTrueFalse2 points Question 10 When the Supreme Court agrees to hear a case, it issues a writ of execution.AnswerTrueFalse2 points Question 11 The written questions that parties to a suit send each other that are answered in writing under oath are interrogatories.AnswerTrueFalse2 points Question 12 Peremptory challenges (or strikes) may not be based on race or gender.AnswerTrueFalse2 points Question 13 A jury is selected through a process of asking potential jurors questions and eliminating unsuitable candidates. This process is called_____________.AnswerSequestrationVenireVenue selectionVoir dire2 points Question 14 The requirement that someone have a personal stake or interest in the outcome of a case in order to be a plaintiff is called _________________ to sue.AnswerStandingValidationGroundsJurisdiction2 points Question 15 Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. These are known as _______________challenges (or strikes.)AnswerFor causeDiscriminatoryPeremptoryDiversity2 points Question 16 Procedural and evidentiary rules are much less rigid in courts of law than in arbitration proceedings.AnswerTrueFalse2 points Question 17 Businesses are more and more likely to submit disputes to arbitration because it is less time consuming and costly than litigation.AnswerTrueFalse2 points Question 18 The vast majority of disputes in our society are settled without recourse to either arbitration or litigation.AnswerTrueFalse2 points Question 19 The legal term for referring an issue to arbitration isAnswerTenderSurrenderSubmissionSubrogation2 points Question 20 Which of the following statements about arbitrators is correct?AnswerArbitrators must be judges because their decisions are legally binding.Arbitrators must be certified by the local Better Business Bureau.Arbitrators are often members of the American Arbitration Association.Arbitrators must be masters in chancellery because arbitration panels are annexed to courts of equity.2 points Question 21 The federal government has exclusive control over all aspects of private and commercial aviation in the United States. This is an example of the federal government’s power to _______________an area of regulation.AnswerUsurpPreemptOccludeDominate2 points Question 22 Which of the following is the doctrine of substantive due process designed to address?AnswerViolations of fundamental rights, such as voting and interstate travelSeizures of private property for non-public usePunishments without notice and a hearingLaws that deny defendants an appeal of right2 points Question 23 Under which standard of review would a court hear a case involving government regulation of commercial speech?AnswerStrict scrutinyIntermediate scrutinyRational basisCommercial practicality2 points Question 24 Assume that State University institutes a curfew for the female students who live on campus. To protect both the safety and morals of its female population, State University requires that the female students be in their dorms by 1:00 a.m. every night. There is no curfew for male students because they are less likely to be victims of attacks. If Nellie Nightowl wants to protest, which provision of the Constitution will she claim is being violated?AnswerThe Privileges and Immunities ClauseThe Savings ClauseThe Due Process Clause of the 5thAmendmentThe Equal protection Clause of the 14thAmendment2 points Question 25 In order to protect the health and welfare of its residents, Maryland has a law requiring that all public swimming pools be tested daily for bacteria. Maryland passed this law pursuant to its ________________powers.AnswerProtectiveEnumeratedEnablingPolice2 points Question 26 An American company cannot be liable for violating American anti-trust laws if the activity complained of takes place in another country.AnswerTrueFalse2 points Question 27 The process whereby a government takes control of private property in a way that is illegal under international law is________________.AnswerConfiscationExpropriationCondemnationRegionalization2 points Question 28 The provision in the Foreign Corrupt Practices Act that allows an American company to make personal payments to clerks and other low level government employees in foreign countries is what type of exception?AnswerBlack listDe minimisGrease paymentCountervailing exchange2 points Question 29 The federal government can control what goods are imported into the United States but not what goods are exported to foreign countries.AnswerTrueFalse2 points Question 30 What is an IBE?AnswerAny business entity with relationships that transcend national boundariesOne of the courts in The Hague that settles disputes between businesses of different countriesA choice of law clause in an international contractA transaction in violation of the International Commercial Code2 points Question 31 Anna and Frank are leaving their jobs at Big Firm to start a company of their own. Which of the following may they do legally to start up their new enterprise?AnswerNotify their clients at Big Firm that they leaving to start their own businessOffer Big Firm’s clients deep discounts if they transfer their business to the new firmTry to get co-workers at Big Firm to quit and come to work for themBoth a and b2 points Question 32 One advantage to doing business as a standard corporation is that profits “pass through” to the shareholders and are taxed only at the owner level.AnswerTrueFalse2 points Question 33 The loan from a bank to a start-up enterprise is an example of equity financing.AnswerTrueFalse2 points Question 34 Al, Beth, and Cal are wealthy individuals who invested $150,000 each in a start-up LLC. These investments are classified as _________financing for the business.AnswerEquityDebtContingentAncillary2 points Question 35 Courts will not enforce provisions in contracts that violate public policy.AnswerTrueFalse2 points Question 36 The insanity defense that allows someone to avoid criminal liability if the criminal act was the “product of a mental disease or defect” is the _____________rule.AnswerIrresistible impulseBut…forDurhamRight from wrong2 points Question 37 Acts which are wrongful in themselves and prohibited by almost all civilizations are classified as ______________crimes.AnswerMalum prohibitumMalum in seSpecific intentMens rea2 points Question 38 Embezzlement is an example of a white collar crime.AnswerTrueFalse2 points Question 39 In prosecuting insider trading cases, the government often identifies people who were given “tips” to buy a certain stock from friends who worked for the corporation and were thus privy to inside information. Both the insider (the “tipper”) and the “tippee” have criminal liability. The government may promise that it will not prosecute the “tippee” if he testifies against the insider at trial. This is an example of________________.AnswerImmunityEntrapmentStrict liabilityGovernment overreaching2 points Question 40 The standard of proof for issuing a search warrant is clear and convincing evidence.AnswerTrueFalse2 points Question 41 To be liable for intentional infliction of emotional distress a defendant must have engaged in conduct that was outrageous and completely intolerable to the community.AnswerTrueFalse2 points Question 42 The purpose of criminal law is to punish while the purpose of tort law is to compensate the victim.AnswerTrueFalse2 points Question 43 What is the difference between libel and slander?AnswerLibel is a written communication, and slander is an oral communication.Libel is also a felony, but slander is not.Libel requires that plaintiff prove malice on the part of the defendant, but slander does not.Businesses can only sue for defamation based on libel, not slander.2 points Question 44 A construction company that damaged the property of others while blasting would be liable in strict liability.AnswerTrueFalse2 points Question 45 Competitor wrongfully claims that one of the ingredients used in the manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals. Competitor has committed the tort of____________.AnswerNuisanceDisparagementInvasion of privacyWrongful interference with a contractual relationship2 points Question 46 Beth invited friends for a BBQ and touch football game in her backyard. Roger, one of her guests, broke his ankle when his foot slipped into a hole as he ran out for a pass. Several malfunctioning sprinkler heads have been removed from the lawn for repairs, leaving dangerous, but hidden, holes. In common law, would Beth be liable to Roger for his injuries?AnswerYes, she had a duty to warn him of hidden dangers.Yes, she is liable in strict liability.No, her only duty to Roger was not to entrap him on the property.No, as an adult Roger is presumed to have the legal ability to take care of himself.2 points Question 47 The “state of the art” defense is available to any manufacturer in a product liability suit based on strict liabilityAnswerTrueFalse2 points Question 48 Whether or not a doctor acted negligently is a question of fact for a jury to decide.AnswerTrueFalse2 points Question 49 Assume that Sussex County has a law requiring that all passenger elevators be inspected every six months. Local Hospital failed to have its passenger elevator inspected when required, and a door that malfunctioned injured a hospital visitor. Visitor’s attorney will use the doctrine of ________________to show that Local Hospital breached a duty of care.AnswerRes ipsa loquiturNegligence per seMalpracticeContributory negligence2 points Question 50 To which of the following can the development of negligence law in the nineteenth century can be traced?AnswerPopulation increasesIncreased travel opportunities for individualsMore and more manufacturers creating more types of productsWidespread land reform laws2 points Question 51 Nellie Neighbor made the following offer to two students who lived next door: “I will give you each $50 if you come to my house and move some furniture for me on Saturday.” To accept this offer, what should the students do?AnswerMake an oral promise to move the furniture on Saturday.Give Nellie a written promise to move the furniture on Saturday.Wait a statutory three days after the offer, then give Nellie a written promise to move the furniture on Saturday.Go to Nellie’s house on Saturday and move the furniture.2 points Question 52 A plaintiff may be awarded either compensatory damages or consequential damages, but not both.AnswerTrueFalse2 points Question 53 The person who makes an offer to form a contract is the ______________.AnswerMakerDonorOfferorOfferee2 points Question 54 Quantum meruit refers to the compensation owed a party under an express contract.AnswerTrueFalse2 points Question 55 If the seller of a parcel of real property breaches and refuses to sell, the best legal remedy for the buyer who wants this particular piece of property isAnswerCompensatory damagesConsequential damagesSpecific performanceRestitution2 points Question 56 What must be used in an accord and satisfaction to discharge the obligations due under a contract?AnswerThe performance due under the contract must be in dispute.A court of equity must approve the proposed accord.The performance called for in the accord must be completed.A and c2 points Question 57 Manny Manufacturer agreed to buy widgets from Supplier only on the condition that the widgets would be delivered in ten days time. When Supplier could not meet the delivery date, Manny agreed to accept the widgets one week later. Manny’s acceptance of a different performance date under this contract is a/an _________________of the original condition.Answerrepudiationrevocationwaiverwithdrawal2 points Question 58 Unless expressly stated otherwise, contracts for the sale of goods assume that the seller’s duty to tender goods and the buyer’s duty to pay are _______.Answerconstructive conditions precedentconstructive conditions subsequentconstructive conditions concurrentthe Code imposes no constructive conditions2 points Question 59 All contracts that are performed in installments are legally classified as divisible contracts.AnswerTrueFalse2 points Question 60 Carl had a contract to deliver six hundred yards of carpeting to Renovator for installation in an office complex. Three days before the delivery date, Carl called to say that he would not be able to deliver the carpeting “any time in the near future.” Assume that Carl learns that he can procure the needed carpeting after all and wants to reinstate the contract. What rights does Carl have in these circumstances?AnswerCarl has an absolute right to retract the repudiation anytime before the performance date.Carl is bound by his repudiation and may not retract it under any circumstances.Carl may retract the repudiation unless Renovator has indicated that he is treating it as final.Carl may retract the repudiation at will, but he must be acting in good faith.2 points Question 61 Matt is employed as the manager of Local Steak House, with wide-ranging responsibilities for all aspects of the business. What is Matt’s position?AnswerGeneral agentSpecial agentBrokerFactor2 points Question 62 Bill hired Acme Paving to pave his driveway. Acme is Bill’s __________________.Answerbrokerindependent contractorfactorspecial agent2 points Question 63 If the agent dies, the agency agreement terminates by operation of law.AnswerTrueFalse2 points Question 64 If an agency agreement does not state how much an agent is to be paid, what results?AnswerThe agency agreement is void.The agency agreement is voidable by the agent, but not by the principal.The agent is assumed to be a gratuitous agent.A court will read in a reasonable amount based on the customary rate in the business community.2 points Question 65 Which of the following isnotan example of a trade secret?AnswerA business’s marketing plans for the next five yearsA list of customers that was published in an ad in a trade journalThe formula for a compound used in a manufacturing processThe responses of a focus group to a company’s product that have been gathered and analyzed2 points Question 66 Parker is a dealer in Oriental antiques and rugs. A sign in his store recommends that customers bring in their rugs to him for cleaning and repair. In fact, Parker does none of the cleaning or repair work himself. He sends the rugs to Local Cleaners, for whom he works as an agent making a 20 percent commission. Due to a mishap at Local’s plant, the rug belonging to Parker’s customer was damaged. Is Parker liable to the customer for the damage?AnswerNo, Parker is Local’s agent and has no fiduciary duties to third parties.No, Parker has no liability because he was acting within the scope of this authority as Local’s agent.No, Parker has no liability because agents are not responsible for the torts of the principal.Yes, Parker is liable because he is the agent of an undisclosed principal.2 points Question 67 It is the duty of an agent to notify third parties when his agency is terminated.AnswerTrueFalse2 points Question 68 A principal has the duty to notify third parties when an agency terminates.AnswerTrueFalse2 points Question 69 Whether or not a principal has ratified a contract is a question of law to be decided by the judge at trial.AnswerTrueFalse2 points Question 70 Alan is the general manger of a restaurant. Although not mentioned in his employment contract, as part of carrying out his management duties he has the authority to buy supplies, hire employees, put ads on the radio, engage a cleaning service, pay bills, etc. These duties are expressions of his _____________authority.Answeractual expressactual impliedactual apparentconstructive implied2 points Question 71 Whether or not a servant was acting in the scope of his employment when he injured a third party is a question of __________ to be decided by the ______.Answerfact…judgelaw…judgefact…jurylaw…jury2 points Question 72 A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions.AnswerTrueFalse2 points Question 73 ERISA requires that all employers with more than fifteen employees provide health insurance for the employees.AnswerTrueFalse2 points Question 74 Which of the following statements about employer-funded pension and health benefit plans istrue?AnswerEmployers are required by federal law to provide health insurance for their employees.Employers are required by federal law to provide pension plans for their employees.Employer pension plans are subject to numerous federal reporting and disclosure laws.Both a and b2 points Question 75 Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment.AnswerTrueFalse2 points Question 76 Under the National Labor Relations Act, businesses maynotdo which of the following?AnswerPrevent workers from forming a unionDiscriminate against workers for joining a unionLay off workers in business downturns without the approval of two-thirds of the workers in a shop voteBoth a and b2 points Question 77 The good cause exception to employment at will arises during the course of a worker’s employment based on the way the employer evaluates rewards and disciplines the employee.AnswerTrueFalse2 points Question 78 Which of the following category of worker isnotcovered by the National Labor Relations Act?AnswerEmployees of the federal governmentEmployees of state governmentsIndependent contractorsThe National Labor Relations Act covers none of the above.2 points Question 79 To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must be tied to a constitutional, statutory or administrative law.AnswerTrueFalse2 points Question 80 What act did Congress pass for the purpose of guaranteeing uniformity and fairness to all who are called to deal with federal administrative agencies?AnswerAdministrative Procedure ActConsumer Protection ActOccupational Safety and Health ActEqual Protection Act2 points Question 81 Which of the following protects the confidentiality of private information collected by federal government agencies and provides a mechanism for citizens to correct information that was submitted to an agency?AnswerPrivacy Act of 1974Executive PrivilegeFederal Reserve ActClayton Act.2 points Question 82 The party against whom an administrative complaint is filed is the _____, who is afforded the right to respond to the complaint in writing.Answerpetitionerappellantplaintiffrespondent2 points Question 83 Which act did Congress pass with the purpose of empowering private citizens with tools to request information from the federal government?AnswerTruth in Lending ActConsumer Protection ActFreedom of Information ActNational Labor Relations Act2 points Question 84 Which of the following requires a court to overturn a newly crafted agency rule only when there is a showing of no factual basis for the rule?AnswerClear and convincing evidence standardSubstantial factor testArbitrary and capricious testThe preponderance of the evidence standard2 points Question 85 Courts provide administrative agencies significant discretion to ________.Answerregulate in their area of expertiseoverturn judicial precedentdisregard contractual languageinterpret the U.S. Constitution2 points Question 86 Courts will apply the _________ when they give no deference to the administrative agency decision and make an independent determination of the facts after performing a new hearing.Answerarbitrary and capricious testblue-pencil rulede novo testclear and convincing evidence standard2 points Question 87 An act of Congress that forbids creditors from discriminating against potential debtors on the basis of selected attributes is the ________.AnswerTruth in Lending ActEqual Credit Opportunity ActSherman ActEqual Protection Act2 points Question 88 The Fair Credit Reporting Act requires the person who is the target of a credit inquiry to consent to the disclosure of his or her credit information.AnswerTrueFalse2 points Question 89 One purpose of the Consumer Product Safety Act is to establish which of the following for consumer products?AnswerSafety standardsJudicial precedentRecommendationsNew ideas2 points Question 90 An act of Congress that controls the gathering, preservation and reporting of credit-related information is the ________.AnswerTruth in Lending ActEqual Protection ActEqual Credit Opportunity ActFair Credit Reporting Act2 points Question 91 The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on which of the following?AnswerCredit card billsLoan applicationsBank statementsFinancial statements2 points Question 92 Under the Equal Credit Opportunity Act, creditors are forbidden from making statements to applicants that would discourage them from applying for credit.AnswerTrueFalse2 points Question 93 To establish a claim for deceptive advertising, its must be proven that actual customers were mislead into purchasing the product.AnswerTrueFalse2 points Question 94 ________ are the maximum allowable amount of exposure to major pollutants in outdoor air.AnswerPublic nuisance standardsToxicology standardsNational ambient air quality standardsClimate control standards2 points Question 95 A ______ is a plan that each state creates and implements for the purpose of meeting national ambient air quality standards.Answercomprehensive zoning planstate implementation planClean Air ActBlue Sky Law2 points Question 96 The Clean Water Act was enacted to make water clean enough for swimming and other recreational purposes.AnswerTrueFalse2 points Question 97 The principal source of the sulfur dioxide and nitrogen oxide found in acid rain comes from ________.Answercar emissionsoil and natural gas refineriescoal burning power plantsfertilizer run-off2 points Question 98 Corporate officers may be imprisoned for knowingly violating the Clean Air Act.AnswerTrueFalse2 points Question 99 When addressing environmental concerns, administrative agencies have no role in the process of regulating business.AnswerTrueFalse2 points Question 100 What theory suggests that chemical changes in the atmosphere brought about by pollutants cause a rise in atmospheric temperatures?AnswerThe tipping point theoryThe greenhouse effectDarwinismEnvironmental objectivism2 points Question 101 I have neither received or given any assistence either to or from any third party concerning the content or answers prior to or after the completion of this exam.AnswerTrueFalse

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