LAW FINAL
Which of the following type of fraud combines the threat of impersonation fraud with a variation of an advance fee scheme where the recipient has the "opportunity" to share a percentage of millions of dollars?
"419" fraud
An individual found guilty under the Sherman Act may be fined up to ______.
$1 million
For violations of the Fair Debt Collection Practices Act, in the absence of actual damages, the court may still order a collector to pay a debtor up to ______.
$1,000
Private remedies for violation of the Equal Credit Opportunity Act include recovery of punitive damages up to ______.
$10,000
A corporation found guilty under the Sherman Act may be fined up to ______ for each offense.
$100 million
The Magnuson-Moss Warranty Act, administered by the Federal Trade Commission, applies to all product warranties on consumer products costing more than ______.
$15
The basic penalty for trade practice violations under the Federal Trade Commission Act is a civil fine of not more than ______.
$16,000 per violation
Corporations and other business entities that violate the Foreign Corrupt Practice Act are subject to fines up to__.
$2,000,000
The creditors who file an involuntary petition to the court to begin a bankruptcy proceeding must be owed at least ______ by the debtor.
$2,300
The Video Privacy Protection Act prevents the disclosure of personally identifiable information concerning video rentals and includes a right of civil action with a minimum liquidated damages provision of ______.
$2,500
The Rehabilitation Act applies to employers who do business with Government federal contracts for__
$2,500 or more
Under the 1934 Act, a business organization found guilty of filing false or misleading documents with the Securities and Exchange Commission (SEC) may be fined up to
$25,000,000.
In 1991, depending on the size of the employer, Congress amended the Civil Rights Act to allow recovery of compensatory and punitive damages per person up to__
$300,000
In 1991, depending on the size of the employer, Congress amended the Civil Rights Act to allow the recovery of compensatory and punitive damages per person of up to ______.
$300,000
The Electronic Fund Transfer Act, administered by the Consumer Financial Protection Bureau, limits liability on lost, stolen, or misused automatic teller and check cards (debit cards) to
$50 if reported within two business days of consumer's learning of a misuse.
An employee is eligible to qualify for the Family and Medical Leave Act benefits if the employee has worked at least
1,250 hours during the previous 12 months.
An insider is any person who owns more than ______ percent of any security
10
The Americans with Disabilities Act prohibits discrimination against the qualified disabled by employers of__
15 or more employees
Within how many days must an employee file charges of illegal discrimination with the Equal Employment Opportunity Commission after notice of unlawful practice?
180 days
In the registration process, the waiting period typically lasts
20 days.
The Age Discrimination in Employment Act recognizes both disparate treatment and disparate impact discrimination for employers with ______.
20 or more employees
The Age Discrimination in Employment Act recognizes both disparate treatment and disparate impact discrimination for employers with__
20 or more employees
Under the 1934 Act, an individual found guilty of filing false or misleading documents with the Securities and Exchange Commission (SEC) may be imprisoned up to
20 years.
If there are four firms in a market, each with a 25 percent share, the final Herfindahl-Hirschman Index is ______.
2500 points
The National Labor Relations Board conducts certification elections upon receipt of a petition signed by at least
30 percent of employees
The Age Discrimination in Employment Act forbids age-based discharge of employees over age
40
The Age Discrimination in Employment Act prohibits employment discrimination against employees ages
40 and older
Where state agencies begin discrimination proceedings, how many days must the Equal Employment Opportunity Commission wait before it starts action?
60
In the strike that imperil national health or safety, the Taft-Hartley Act provided for a(n)__
80-day cooling off period
In strikes that imperil national health or safety, the Taft-Hartely Act for a(n)__
80-day cooling period
Which of the following statements is most likely to be true when the Federal Trade Commission (FTC) is very laissez-faire? A. The FTC does not regulate most advertising. B. The FTC tends not to regulate traditional frauds. C. The FTC commissioners tend to be more consumer-oriented. D. The FTC will increase the number of deceptive cases filed. E. The FTC limits the role of markets in regulating advertising.
A
Denver Crate University's faculty is unionized. The faculty wants increased wages. When the university refuses to bargain, they vote to strike. Which of the following statements is true of the Taft-Hartley Act?
A cooling-off period would not be applicable for this situation
According to the U.S. Export Control and Related Border Security Assistance Program, which of the following should be considered a red flag by exporters
A customer who is willing to pay cash for high-volume shipments
Which of the following is a feature of a grand jury?
A grand jury serves as an investigative body.
According to the Age Discrimination in Employment Act, who among the following are subject to mandatory retirement policies
A high level policy maker aged 65 or older who are entitled to receive annual retirement benefits of atleast $44,000/year
Which of the following is most likely to be considered immune from suit under the Foreign Sovereign Immunities Act
A nationalization of assets
Which of the following is an example of larceny?
A person is caught shoplifting.
______ is a plan or program designed to take from a person the tangible right of honest services.
A scheme to defraud
Which of the following statements is true of a secretary in an administrative agency?
A secretary is responsible for the minutes of agency meetings and is legal custodian of its records.
Which of the following statements is true of the role of state governments in enforcement of antitrust laws?
A state attorney general may bring civil suits for damages under the Sherman Act.
Picketing to force an employer to recognize an uncertified union is unfair labor practice when
A valid representation election has been conducted by the National Labor Relations Board within the past 12 months
Aaron works as a manager at Chuy's, a restaurant in Austin, Texas with 70 other employees. He has been working there full time for 22 months. One day his wife calls with some bad news. His father-in-law has been severely injured in a car accident while returning from work. Aaron asks his employer for leave under the Family Medical Leave Act (FMLA). In this scenario, which of the following statements is true?
Aaron is not entitled to the leave because his father-in-law does not qualify as an immediate family member.
In which of the following types of employer action is discrimination permitted?
Actual hiring
Which of the following statements is true of the judicial review of administrative agency's adjudications?
Administrative agencies develop their own rules of procedure unless mandated otherwise by an act of the legislature.
If an employer discovers it has a job category where one might expect to find more women and minorities employed than are actually in the workforce, the employer has a reasonable basis for__
Affirmative action
The__grants jurisdiction to the U.S. federal district courts over any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States
Alien Tort Statute
Many foreign countries favor joint ventures because they
Allow local individuals and firms to participate in the benefits of economic growth
Under the Pregnancy Discrimination Act, which of the following was ruled unlawful by the Supreme Court?
An employer's health insurance plan that does not cover pregnancies' of male employees
Which of the following statements is true of the Securities Enforcement Remedies Act?
An individual found to have violated the securities laws may be prohibited by the court from serving as an officer or director of a business organization.
International sales transactions using__ involve, in addition to a seller and buyer, an issuing bank in the buyer's country
An irrevocable level of credit
The members of the Equal Employment Opportunity Commission are
Appointed the president, with the advice and consent of the Senate
Which of the following statements is true of organization of agencies?
Appointees may be removed by the president for neglect of duty and inefficiency.
Under the Equal Pay Act, discrimination is allowed if
Arises from a seniority system
Hague Service Convention is a treaty that was formulated to
Assure that defendants sued foreign jurisdictions would receive actual and timely notice of suit
Which of the following statements is true of factors influencing agency decisions?
At public hearings, interested parties are allowed to present evidence in support of, or in opposition to, a proposed rule or regulation.
Which of the following statements is true of the review of rule making?
Before a court can find a proposal void, an administrative agency must propose rules within the confines of its grant of power from the legislature.
In an international sales transaction, a buyer obtains a commitment from the issuing bank to advance a specified amount upon receipt, from a carrier of a(n)__
Bill of landing
The regulatory center for federal consumer protection is the ______.
Bureau of Consumer Protection
The Equal Employment Opportunity Commission was created by the__
Civil Rights Act
The integration of African Americans into the mainstream of American society is the primary objective of the__
Civil Rights Act of 1964
In 1914, Congress, recognizing that the Sherman Act needed to be more specific, enacted the ______ as an amendment to the Sherman Act.
Clayton Act
The first federal statute of importance of the labor movement is the__
Clayton Act
To sue a foreign firm in the United States, a plaintiff must
Comply with the terms of the Hague Service Convention when serving notice of a lawsuit
__ are those issues concerned with wages, hours, and other terms and conditions of employment
Compulsory bargaining issues
With respect to the sale of goods, the Convention of the International Sale of Goods (CISG) states that
Contracts for the sale of goods need not be in writing
Which of the following statements is true of the various activities occurring during the registration process of securities in a sale?
Contracts to buy and sell securities are finalized during the posteffective period.
Which of the following countries is a member of the Central American-Dominican Republic Free Trade Agreement?
Costa Rica
Which of the following statements is true of the penalties and remedies under the Truth-in-Lending Act?
Creditors may avoid liability in the event they make an error, provided they notify a debtor within sixty days after discovering the error and also correct the error.
DN Corp. is a credit reporting agency. DN Corp. furnishes an investigative consumer report about Nicole, a candidate, who is seeking employment at Zenith Corp., a financial institution.Nicole is given a week's notice that such a report will be generated by DN Corp. as part of Zenith's hiring process. DN Corp. follows reasonable procedure when collecting information about Nicole. However, Nicole realizes that the report contains false information about her. In this scenario, which of the following is most likely to be true?
DN Corp. is not liable to Nicole as it followed reasonable procedures.
The ______, passed by the European Parliament in 1995, mandates that companies may collect personal information only with consent, keep it only as long as necessary, and transfer to third parties only with permission.
Data Protection Directive
The ______ is a disclosure law which makes it illegal to use mails or any other means of interstate communication or transportation to sell securities without disclosing certain financial information to potential investors.
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
The Financial Stability Oversight Council was established by the
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.
The World Intellectual Property Organizations Arbitration and Mediation Center hears cases involving
Domain name and cybersquatting
Which of the following acts requires the government to issue model disclosure forms? A. Equal Credit Opportunity Act B. Stored Communications Act C. Electronic Communications Privacy Act D. Federal Trade Commission Act E. Truth-in-Lending Simplification Act
E
______, usually one of the first actions of a debt collector to locate a debtor, may require that the collector contact third parties who know of the debtor's whereabouts. A. Predatory conduct B. Judicial restraint C. Prior restraint D. Redlining E. Skip-tracing
E
Most international contracts contain choice of law and forum provisions to
Eliminate the uncertainty in determining which nation's court may hear the case if there is a contract dispute
______ occurs when an employee appropriates funds of his employer to his own use.
Embezzlement
Wayside Academy is a private school in Mountain State. Wayside employs 50 teachers and 5 aides who all lived locally to run the school and the associated programs all year. Emile worked as a full-time aide in 2015 from January to March, but lived over 100 miles away so he quit. He moved to the local area and was rehired in October 2015. In August 2016 Emile requests to take paternity leave, starting immediately, under the Family and Medical Leave Act. Is Emile an eligible employee and is Wayside a covered employer under the FMLA?
Emile is an eligible employee but Wayside is not a covered employer
Lily has been working at Fasching and Co. for six years. Her pension plan will vest at her seven-year work anniversary. She has had great performance evaluations and has received regular raises and promotions. The Chief Financial Officer (CFO) has determined that cost-cutting is needed to keep the company profitable. He recommends that Lily be fired before her pension vests and becomes a permanent liability against the corporation. According to the ______ the company cannot fire her to prevent her from getting vested pension rights.
Employee Retirement Income Security Act (ERISA)
Which of the following statements is true of the certification of unions through cards?
Employers do not need to recognize the union based on a majority card showing
The concept of hiring employees for an indefinite period of time and discharging them without cause at anytime is called the __________.
Employment-At-Will Doctrine
Which of the following issues of administrative agencies relates to the substantive outcome of agencies' rule-making and adjudicating authority?
Enforcement of some laws varies over time.
Big Prime Inc. is a leading investment bank. Big Prime lends money to more men than women as it believes men are more likely to pay back their loans. In this case,Big Prime violates the ______.
Equal Credit Opportunity Act
BrightCave is a local retail store that regularly extends credit to its customers. William, an African American, is denied credit by the store. He believes that the store has discriminated against him based on his race. In this scenario, BrightCave violates the ______.
Equal Credit Opportunity Act
DrakeAuto Corp. is an automobile dealer that offers flexible payment plans for its customers. However, DrakeAuto requires its customers over 60 years of age to make the payment in full. In this case, DrakeAuto violates the ______.
Equal Credit Opportunity Act
The__ has the primary responsibility of enforcing the provisions of the Civil Rights Act of 1964.
Equal Employment Opportunity Commission
Eva opens a women's-only health spa. The spa has 20 employees of which four employees are men who do overnight maintenance work when the spa is closed. Eva places an advertisement in the paper for a locker room attendant, and Jack applies for the jib. Eva rejects Jack's application on the basis of gender. Which of the following statements is true in the scenario?
Eva can defend her case by showing that being female is a bona fide occupational qualification for the job
Before the Equal Employment Opportunity Commission can file a civil suit for a violation of the Civil Rights Act based on a claim by a discriminated employee, it must first
Exhaust all efforts to settle the claim
Which of the following is a risk associated with the sale of U.S. strategic products and technology abroad
Export controls
__, as used in the context of international law, is the seizure of foreign-owned property by a government
Expropriation
A Worker Adjustment and Retraining Notification (WARN) notice is mandatory for a case that relates to the sale of a business.
False
Equal Employment Opportunity Commission guidelines on discrimination consider color to be a bona fide occupational qualification.
False
General exceptions regarding pay for workers under the Fair Labor Standards Act (FSLA) are usually referred to as the "blue-collar" exemptions to overtime.
False
In internship programs under the Fair Labor Standards Act (FLSA), an intern is entitled to wages for the time spent in the internship.
False
States may set minimum wage amounts that are lower, not higher, than the federal minimum rate.
False
The 1991 Civil Rights Act amendments allow the setting of quotas in employment.
False
The Fair Labor Standards Act (FLSA) requires employers to provide a functional space for nursing mothers to express breast milk, which can include a private bathroom.
False
The Fair Labor Standards Act (FLSA) sets 16 years of age as the minimum age for employment.
False
The right to a covered leave of absence under the Family and Medical Leave Act applies to employees the moment they begin employment.
False
Under the Americans with Disabilities Act, compensatory and punitive damages are available for policies that merely have disparate impact.
False
The Department of Justice alone has the power to bring criminal proceedings, but it shares its civil enforcement powers with the ______.
Federal Trade Commission
Section 5 of the ______ prohibits unfair or deceptive acts or business practices.
Federal Trade Commission Act
Which of the following statements is true of the criminal penalties imposed for violations of the Foreign Corrupt Practices Act?
Fines imposed on individuals may not be paid by the employer
The Equal Employment Opportunity Commission is composed of_
Five members
Public employees are protected from some drug testing by the ______ Amendment's prohibition against unreasonable searches.
Fourth
GRM Fast Food Group, Inc. is located in NY and grants Truffle Eateries, a chain resturaunt in Paris, permission to produce and sell GRM pizzas. Truffle Eateries will launch GRM in Paris and sell its products. This international business arrangement is an example of a__
Franchise
Game designers Troy and Jeff have designed a new computer game system. This system is manufactured and sold by their company, GameTech Corp. The game system they devised uses new technology that they created and their system far exceeds the capabilities of any current gaming systems. This gives them a monopoly in the gaming market. Which of the following statements is true in this scenario?
GameTech has monopoly power that does not violate the Sherman Act.
The World Trade Organization was created by the__
General Agreement on Tariffs and Trade
______ is a complete defense to fraud as it is inconsistent with the defendant's intent to defraud or willfulness, purposes essential to the charges.
Good faith
Ellen received health insurance through her employer. One year later she was diagnosed with cancer and underwent treatment. The insurance company believed it would be too expensive to insure her and rescinded her coverage. She may bring a claim against the insurance company because of the provisions of the ____________
Health Insurance Portability and Accountability Act (HIPAA).
The ______, a measure of market concentration, squares the market share of each firm in a market and adds them together for a final number.
Herfindahl-Hirschman Index
The Americans with Disabilities Act does not require employers to__
Hire the unqualified disabled
A__ is one in which an employer voluntarily agrees with a union that employees should not be required to handle or work with goods to a location designated unfair
Hot-cargo contract
Infro Inc. is a major lender. It plans to include the zip codes of its customers as a major factor when offering loans. This allows Infro to reduce the amount of risk it takes by not providing loans in certain areas where property values are low. In this case, which of the following statements is true?
If Infro goes through with its decision, it is engaging in redlining.
Which of the following statements is true of the limitation of the Fair Credit Reporting Act?
If a bank gave its opinion as to the creditworthiness of a customer in question, it would come under the act.
Which of the following statements is true under the Pregnancy Discrimination Act?
If a female employee undergoes an abortion, all other benefits provided for employees, such as sick leave, must be provided to her
Which of the following statements is true of suites against unions?
If a union activity is both an unfair labor practice and a breach of collective bargaining agreement, National Labor Relations Board's authority is not exclusive
Which of the following statements is true of the criminal liability imposed as per the Securities Act of 1934?
Individuals guilty of securities fraud may face a prison sentence of up to 25 years.
Which of the following organizations provides arbitration services for international disputes
International Chamber of Commerce
The__ encourages international trade by maintaining stable foreign exchange rates and works closely in commercial banks to promote orderly exchange policies with members
International Monetary Fund
______ are reports on a consumer's character, general reputation, mode of living, and so on, obtained by personal interviews in the consumer's community.
Investigative consumer reports
A joint venture takes place when a company
Invests in a country by engaging in a business with an entity from that country
Which of the following is true of the Environmental Protection Agency (EPA)?
It administers all laws relating to water pollution, air pollution, solid wastes, pesticides, and toxic substances.
Which of the following statements is true of the doctrine of exhaustion of remedies?
It allows an agency to discover and correct its own errors, and thus it helps to dispense with any reason for judicial review.
Which of the following is true of the double jeopardy clause?
It allows for two trials, one in federal court and the other in a state court, if an individual violates both federal and state laws.
Which of the following statements is true of the Fifth Amendment?
It allows the use of written evidence in self-incrimination cases.
Which of the following statements is true of the good-faith meeting-of-competition defense as permitted by the Robinson-Patman amendment?.
It applies to a situation when a seller in good faith meets the equally low price of a competitor.
Which of the following statements is true of a nolo contendere plea?
It avoids criminal convictions that may provide a basis for civil suits.
Which of the following statements is true of a local union?
It can be sued for failing to enforce the international union's constitution and bylaws
Which of the following statements is true of the Commission of the European Union
It consists of individuals who represent the will and interests of the entire European Union
Which of the following statements is true of the Council of Ministries of the European Union (EU)
It coordinates the policies of the member states in a variety of areas from economics to foreign affairs
Which of the following is a major provision of the Landrum-Griffin Act?
It created a Bill of Rights for union workers
Which of the following statements is true of the Convention of the International Sale of Goods?
It does not resolve all areas of contract law
Which of the following statements is true of primary jurisdiction?
It ensures uniformity and consistency in dealing with matters entrusted to an administrative body.
Which of the following holds true for the Fair Labor Standards Act?
It forbids discharge for exercising rights guaranteed by minimum wage and overtime provisions of the act.
It is an unfair labor practice to picket to force an employer to recognize and uncertified union when
It has been conducted for an unreasonable amount of time (in excess of 30 days)
Which of the following is true of the Security Council
It has the power to sever diplomatic relationships with other nations
Which of the following statements about the Age Discrimination in Employment Act (ADEA) is true?
It invalidates retirement plans and labor contracts that violate the law.
Which of the following statements is true of embezzlement?
It is a crime easily committed when there is a lack of internal control over funds.
Which of the following statements is true of the Foreign Corrupt Practices Act of 1977?
It is designed to stop bribery of foreign officials
Which of the following is true about a bill of landing
It is forwarded by a confirming bank to an issuing bank
Which of the following statements is true of a material fact?
It is important to a reasonable person in deciding whether or not to engage in a particular transaction.
Which of the following best defines phishing?
It is pretending to be financial institutions or companies in order to get individuals to reveal their personal information.
Which of the following statements is true of the Private Securities Litigation Reform Act (PSLRA)?
It is used by the Congress to limit the amount of damages private plaintiffs can recover and restrict attorney fees.
Which of the following statements is true of the executive branch of a government?
It normally appoints the top officials of an agency with the advice and consent of the legislative branch.
Which of the following statements is true of the Fair Debt Collection Practices Act?
It permits debt collectors to contact third parties, but the debt collector may not state that the consumer owes a debt.
Which of the following is the limitation of the Electronic Communications Privacy Act?
It permits the interception of broadcast radio communications.
Which of the following statements is true of the Children's Online Privacy Protection Act?
It prohibits the online collection of information on children under the age of 13 without a parent's consent.
Which of the following is true about an advisory council?
It provides for interaction between regulators and those being regulated.
Which of the following statements is true of the Taft-Hartley Act?
It provides that suites for a breach of contract between an employer and a labor organization can be filled in the federal district courts
How did the Kiobel vs Royal Dutch Petroleum decision affect the legal landscape
It reduced the difficulty of litigating human rights claims using the Alien Tort Statutes
Which of the following statements is true of redlining?
It refers to the refusal of an organization to make loans at all in certain areas where property values are low.
Which of the following statements is true of the Foreign Sovereign Immunities Act
It rejects immunity for commercial acts carried on the United States
Which of the following statements is true of Pregnancy Discrimination Act?
It requires an employer to provide coverage for an abortion if an employee develops a medical complication from an abortion
Which of the following statements is true of a consent order?
It requires that the accused individual admit to the jurisdiction of an agency and waive all rights to seek a judicial review.
Which of the following statements is true of the Truth-in-Lending Simplification Act?
It restricts statutory penalties to failures to disclose credit terms that are of material importance in credit comparisons.
Which of the following statements is true of the World Trade Organization
It restricts tariffs on textiles, apparel, and forestry products
Which of the following statements is true of the Norries-LaGuardia Act?
It restricts the use of federal court injunctions in labor disputes
Which of the following statements is true of a grand jury?
It uses probable cause as the standard to obtain an indictment
Which of the following is an example of a Ponzi scheme?
James invests his funds with Tim who promises James high returns but flees with the remainder of the money after attracting new investors.
__ are used to force an employer to assign work to employees in one craft union rather than another
Jurisdictional Strikes
Krisscom Inc. is a store selling consumer electronics in an Asian neighborhood. Most of its customers are Chinese immigrants who do not speak English fluently. The store manager decides to hire only Chinese Americans who speak fluent Mandarin. Jack, a white employee, feels that the rule has a disparate impact on people who only speak English. He files a discrimination charge against Krisscom. Which of the following statements is true?
Krisscom will most likely use the business necessity defense to justify its actions
The Wagner Act is known as the__
Labor Relations Act
Employers were prohibited from firing employees for union activities under the
Labor-Management Relations Act.
The Landam-Griffin Act is also known as the
Labor-Management Reporting and Disclosure Act
______ is the unlawful taking of personal property with the intent to deprive the rightful owner of it permanently.
Larceny
Which of the following statements is true of the triple damages awarded to the injured parties under the Sherman Act?
Legislation allows both federal and state governments to file a suit for triple damages.
Which of the following statements is true of licensing agreements?
Licensing agreements must follow the local laws where they operate
Maria is subjected to frequent stares from her male co-workers, who also engage in suggestive touching her. Even though Maria's personal life outside of work is unaffected, the actions of her male colleagues cause her immense mental distress. Which of the following statements is true?
Maria is a victim of a hostile work environment
Mike and Kathy are both tenured associate professors in a school's English Department. Kathy is constantly asking Mike out on dates, which he always refuses. He has asked her to stop asking. Furthermore, Kathy is always making provocative comments to him, telling dirty jokes and asking him about his preferences in women which embarrasses him and has caused him to lose sleep. If Mike sues the school for permitting her behavior:
Mike can file a suit against the school for providing a hostile work environment
______ are punishable by a fine or jail sentence of less than one year.
Misdemeanors
Which of the following steps if taken by an employer to address allegations of discrimination will trigger a retaliation claim?
Move employees who make discrimination claims to alternate shifts without a reduction in pay.
The largest union in the United States is the__
National Education Association
In 1935, the labor movement received its greatest stimulus for growth with the enactment of the__
National Labor Relations Act
In classifying collective bargaining subjects, especially in the area if terms or conditions of employment, courts tend to defer to the special expertise of the__
National Labor Relations Board
Which of the following agencies has been granted authority to conduct quasi-judicial hearings to investigate and enforce sanctions if unfair labor practices occur?
National Labor Relations Board
Usually in expropriation, the expropriating government also assumes ownership of a property, so the process includes__ as well.
Nationalization
Which of the following statements is true of compulsory bargaining issues between an employer and an employee union?
Neither the employer nor the union must make concessions to the other concerning a mandatory subject of bargaining
Which of the following is an exemption from the Sherman Act that extends to concerted efforts to lobby government officials?
Noerr-Pennington doctrine
Passed in 1932, the__ made yellow-dog contracts illegal
Norris-LaGuardia Act
The__, passed in 1993, provides for a dispute settlement mechanism that makes it easier to resolve trade disputes between the United States, Mexico, and Canada Replaced with USMCA in 2019
North American Free Trade Agreement (NAFTA)
Which of the following statements is true of the International Court of Justice
Only countries that have submitted to the court's jurisdiction may be parties
Which of the following is true about making arrests in "exigent circumstances"?
Police officers are allowed to conduct a search without any search warrants.
In the United States, the counterpart for corruption is called
Power of judicial restraint
______ takes place when a seller sells at unreasonably low prices to drive out a competitor.
Predatory pricing
The members of the National Labor Relations Board are appointed by the__
President
The ______ of 1974 places constraints on how certain kinds of information collected by the federal government can be used and limits those to whom the information may be released.
Privacy Act
Which of the following statements is true of monopoly power?
Proof of monopoly power alone is insufficient to qualify as a violation of the Sherman Act.
Generally, international law is classified as
Public international law and private international law
__ are defined as those with a disability who, with or without reasonable accommodations, can perform the essential functions of a particular job position
Qualified Disabled
As interpreted by the courts, Section 1981, a provision of the Civil Rights Act of 1866, applies only to ______.
Racial discrimination
______ is defined as "any act or threat involving" specified state law crimes, any "act" indictable
Racketeering
The National Mediation Board was established by the__
Railway Labor Act
Which of the following acts resolves labor disputes in airlines?
Railway Labor Act
__ is the process of adjusting a job or work environment to fit the needs of disabled employees.
Reasonable Accommodations
______ is the process of adjusting a job or work environment to fit the needs of disabled employees.
Reasonable accommodation
Hailey files a discrimination charge against her company as it pays less wages to African American employees. The company demotes Hailey and reduces her salary because of the discrimination charges filed by her. This case is an example of ______.
Retaliation
Wallbreak Inc. is a web design company which receives complaints stating that minorities are underrepresented in senior management positions. To appease the minorities, they hire Ahmed, an African American, over John, who is white, even though John is more qualified
Reverse racisim
__laws prohibit agreements requiring membership in a labor organization as a condition of continued employment of a person who was not in the union when hired
Right-to-work
The ______ attempted to eliminate the advantage that a large buyer could secure over a small buyer solely because of the larger buyer's quantity-purchasing ability.
Robinson-Patman amendment
The ______ makes it a crime for a seller to sell at lower prices in one geographic area than elsewhere in the United States to eliminate competition or a competitor.
Robinson-Patman amendment to the Clayton Act
The Public Company Accounting Oversight Board was created by the
Sarbanes-Oxley Act.
The Charter of the United Nations set forth as its primary goal to
Save succeeding generations from the scourge of war
______ refers to the intent of a defendant-seller to deceive or mislead.
Scienter
Which of the following sections of the Securities Act of 1933 deals with imposing liability on fraudulent interstate transactions?
Section 17
__, one of the provisions of the Civil Rights Act of 1866, provides that all persons shall have the same right to make and enforce contracts enjoyed by white citizens
Section 1981
______, one of the provisions of the Civil Rights Act of 1866, provides that all persons shall have the same right to make and enforce contracts as enjoyed by white citizens.
Section 1981
______ of the Sarbanes-Oxley Act requires CEOs and CFOs to certify the accuracy of the quarterly and annual financial statements filed with the Securities Exchange Commission.
Section 302
According to the Securities Act of 1933, which of the following is illegal during the waiting period?
Selling securities subject to the act
Title VII of the Civil Rights Act does not prohibit discrimination against employees based on their__.
Sexual Orientation
Who among the following is considered to be covered by the American Disabilities Act?
Sharon, who is Diabetic
Who among the following is covered by the Americans with Disabilities Act?
Sharon, who is diabetic
Shawn files for bankruptcy. However, he does not mention his farmhouse in Farmington in the bankruptcy proceedings. The farmhouse is later discovered by the mortgage firm and included in the proceedings. Which of the following is true in this case?
Shawn is guilty of the offense of concealment.
Between 1890 and 1914, labor unions were weak in their ability to represent employees as management argued that employees acting together were restraining trade illegally under the__
Sherman Act
Which of the following statements is true of short-swing profits?
Short-swing profits refer to those profits that have been made within a six-month time period.
Which of the following statements is true of the functionality of agencies providing services?
Social Security programs necessitate that there be a federal agency to determine eligibility and pay benefits.
__ is defined as the supreme, absolute and uncontrollable power by which any state is governed
Sovereignty
Which of the following acts allowed states to enact rights-to-work laws?
Taft-Hartely Act
Congress authorized the federal Mediation and Conciliation Service to help achieve the goal of the__
Tart-Hartely Act
Which of the following is considered to be a genetic test under The Genetic Information Nondiscrimination Act?
Test for colon cancer
Which of the following specifically prohibits the race norming of employment tests?
The Civil Rights Amendments of 1991
__, on of the major institutions of the European Union (EU), decides the nature and parameters of EU law
The Court of Justice
Which of the following is one of the major institutions of the European Union
The Court of Ministries
Which of the following statements is true of the antitrust enforcement in the European Union (EU)?
The EU may impose fines for business practices that do not violate U.S. law.
Which of the following act's purpose is to prevent discrimination in credit extension?
The Equal Credit Opportunity Act
Which of the following statements is true of the Federal Trade Commission's (FTC's) penalties or remedies?
The FTC Act states that in the case of a violation through continuing failure to obey an order, each day the violation continues is a separate offense
Which of the following statements is true of reviewability of an administrative agency's decision?
The Federal Administrative Procedure Act permits reviewability except in cases where agency action is committed to agency discretion by law.
Philip, a manager, learns Sarah, his employee, has a sister from Huntingtons Disease and refuses to hire her. This violates__
The Genetic Information Nondiscrimination Act
__, effective November 2009, prohibits covered employers from firing, refusing to hire or otherwise discriminating against individuals on the basis of their genetic information or otherwise discriminating against individuals on the basis of their genetic information.
The Genetic Information Nondiscrimination Act
______, effective November 2009, prohibits covered employers from firing, refusing to hire, or otherwise discriminating against individuals on the basis of their genetic information.
The Genetic Information Nondiscrimination Act
Which of the following statements is true of the Sherman Act?
The Sherman Act covers services, including those performed by learned professions.
Which of the following statements is true of the Uniformed Services Employment and Reemployment Rights Act (USERRA)?
The USERRA also contains health insurance provisions.
__ authorized the National labor Relations Board to hold hearings on unfair labor practices and correct wrongs resulting from them
The Wagner Act
Which of the following statements is true of the Sarbanes-Oxley Act?
The act mandates the certification of internal financial controls.
Which of the following is true of administrative agencies?
The actual regulatory activity is performed by administrative agencies.
Which of the following is an issue of administrative agencies that relates to personnel?
The administrative process finds it difficult to discharge unsatisfactory employees.
Which of the following statements is true of the statute of limitations?
The basic period for the statute of limitation is one year
Under Section 1981,__
The courts can award unlimited compensatory and punitive damages
Which of the following statements is true of creating liabilities under Section 18?
The defendant's good faith is considered a defense under Section 18.
Which of the following statements is true of delegation of quasi-legislative authority to administrative agencies?
The delegation of authority to an agency must provide that the agency's power to act is limited to areas that are certain.
Which of the following statements is true of an employer in case an employee is on family medical leave?
The employer may request a medical certification that a qualifying event has occurred in the employee's life.
Which of the following statements is true of the executive director in an administrative agency?
The executive director is the chief operating official of an agency and supervises usual administrative functions.
Which of the following is necessary to prove the intent to fraud?
The government must establish beyond a reasonable doubt that the defendant acted with a specific intent to defraud.
Regarding the internship programs under the Fair Labor Standards Act (FLSA), which of the following statements is true?
The internship is similar to training given in an educational environment.
Which of the following statements is true of blue sky laws?
The laws can apply to securities subject to federal laws as well as to those securities exempt from the federal statutes.
Which of the following statements is true of the Clayton Act?
The original Clayton Act contained no sanction for forfeiture of property.
An expropriation is also considered to be a specific confiscation of property when
The owner of the property is not fairly compensated
Which of the following is an advantage of arbitrating international disputes
The parties in the dispute can avoid unwanted publicity
Which of the following is true of the Occupational Safety and Health Administration (OSHA)?
The private cause of action is absent under OSHA.
__________is an important element of the Fair Labor Standards Act.
The record keeping requirement
Which of the following statements is true about the right of a police officer to search a person, automobile, or premises?
The right to search for evidence is extended to the premises of persons who are innocent of criminal conduct.
Which of the following is a criticism of the administrative process relating specifically to procedures?
The rules and regulations of the procedures are written in complex legal language, which laypeople cannot understand.
Which of the following statements is true of the collective bargaining process of the National Mediation Board (NMB)?
The special emergency board appointed by the NMB lacks judicial power
The Wassenaar Arrangement, an organization supported by 33 countries, has come into existence to help control
The spread of military and dual-use technology areas of the world
Mike is an employee at JVV Corp. The company is located in a right-to-work state. Which of the following statements is true in this case?
The union must handle Mike's grievances, if any, with management
Which of the following holds true for the Internal Revenue Service (IRS) Whistleblowers Rewards Program?
The whistleblower may receive compensation only from monies actually collected based on the information provided.
Which of the following statements is true to certify unions?
They are by secret ballot
Which of the following statements is true of jurisdictional strikes?
They are for unfair labor practices
Which of the following is a major provision of the State blue sky laws?
They impose another level of securities regulations and govern interstate securities transactions that are beyond federal laws.
Which of the following statements is true of export controls
They make a successful business deal more difficult
Which of the following statements is true of concerted activities?
They reduce competition.
Which of the following statements is true of unions?
They represent all employees in the bargaining unit, including those in the non-union
Which of the following statements is true of administrative law judges?
They use prior decisions or precedent.
Which of the following actions by employers is an unfair labor practice under the Wagner Act?
Threatening to cut back on employee benefits if employees succeed in unionizing
The Equal Employment Opportunity Commission may not have more than__ members of the same party
Three
Tom enters Kathy's home through an unlatched window intending to steal a painting that she has in her bedroom. When he gets to her bedroom door, he learns that Kathy is still awake and isn't alone and leaves the house. Which of the following is true of this situation?
Tom is guilty of burglary.
______ are brief announcements identifying the security and stating its price, by whom orders will be executed, and from whom a prospectus may be obtained.
Tombstone ads
An employee is entitled to request an Occupational Safety and Health Administration (OSHA) inspection if they believe workplace conditions are unsafe.
True
An employer's publication of an employee handbook can change the nature of at-will employment.
True
An injunction against future violations of the Equal Employment Opportunity Act is a possible remedy provided by the Equal Employment Opportunity Commission.
True
Breaks or meal periods are not required to be given to workers under the Fair Labor Standards Act (FLSA) but may be required by state or local laws.
True
Employers may hire for a discriminatory reason because it is only illegal for employers to fail to hire or refuse to hire on discriminatory grounds.
True
Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions in the same manner as other conditions are covered.
True
Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.
True
If an employer provides female employees with health insurance to cover their pregnancies but does not provide health insurance to cover pregnancies for the male employees' wives, the employer violates the Pregnancy Discrimination Act.
True
In a Title VII civil action, even if a plaintiff proves disparate treatment against the plaintiff's class, a defendant can win by showing that all or substantially all members of the plaintiff's class cannot perform the duties of the job.
True
Most employment practices that illegally discriminate do so because of their disparate impact, so employers must ensure their job and educational requirements are necessary for their business.
True
Part-time workers have the right to receive a notification of a mass layoff under the Worker Adjustment and Retraining Notification (WARN).
True
Refusing to hire people because of a poor credit rating, when minorities are disproportionately affected, would be an example of disparate impact on race.
True
Research has shown that there can be racial bias in hiring based on an applicant's name.
True
The Worker Adjustment and Retraining Notification (WARN) Act requires that covered employers give employees prior notice of plant closings or mass layoffs.
True
The exclusive remedy rule has some exceptions because worker's compensation laws do not adequately compensate badly injured workers.
True
Under the Family and Medical Leave Act (FMLA), an employee's healthy child who is over 18 years old does not qualify as an immediate family member.
True
The ______ requires that a lender disclose the finance charge, expressing it as an annual percentage rate, and specifies the methods for making this computation.
Truth-in-Lending Act
Tyrell opens a men's only weight loss center. The center has 20 employees of which four employees are women who do overnight maintenance work when the center is closed. Tyrell places an advertisement online for a weight loss counselor, and Leah applies for the job. Tyrell rejects Leah's application on the basis of gender. Leah files a discrimination charge against Tyrell with the Equal Employment Opportunity Commission. Which of the following statements is true in this scenario?
Tyrell can defend his case by showing that being male is a bona fide occupational qualification for the job.
Lois has applied for a job at OneStop Everyday Market, a grocery store chain. She is told that after thirty days she is required to join the union representing the employees of OneStop. In this case, OneStop Everyday Market is a(n) ______.
Union shop
Which of the following statements is true about the sanctions of the Sherman Act?
Violations of the Sherman Act may be enjoined by the courts.
Congress explicitly affirmed labor's right to organize and to bargain collectively in the:
Wagner Act
The ______ made unfair or deceptive acts or practices in commerce illegal under Section 5 of the Federal Trade Commission Act.
Wheeler-Lea amendment
Which of the following General Agreement of Tariffs and Trade Principles refers to reducing tariffs and other restrictions in foreign products
Which of the following General Agreement on Tariffs and Trade principles refers to countries not favoring their domestic products over imported products
The__ promotes economic development in poor countries by making loans to finance necessary development projects and programs
World Bank
The International Court of Justice is also called__
World Court
The registration statement to be filed with the Securities and Exchange Commission (SEC) includes
a detailed disclosure of financial information about the issuer and the controlling individuals involved in the offering of securities for sale to the public.
Which of the following scenarios is an example of an irrevocable consent to a warrantless search?
a passenger making his or her way through an airport checkpoint
Under Section 1981, ______.
a plaintiff cannot sue for unlimited damages for discrimination based on sex, religion, national origin, or age
Under the Fair Labor Standards Act (FLSA), the overtime pay for workers is
a rate not less than one and one-half times the employee's regular rate of pay.
The use of ethical standards to avoid restrictions on price fixing is
a violation of the Sherman Act.
The ______ function of an administrative agency involves both fact-finding and applying law to the facts.
adjudicating
Which of the following is a type of fraud that occurs when the victim pays money to someone in anticipation of receiving something of greater value, then receives little or nothing in return?
advance fee scheme
The ______ function of an administrative agency may be accomplished by making reports to the president or to Congress.
advisory
Which of the following is a unique agency device generally not available in the judicial system, as courts deal only with actual cases and controversies?
advisory opinion
The ______ requirement means that federally contracting employers must actively recruit members of minority groups being underused in the workforce.
affirmative action
The__ requirement means that federally contracted employers must actively recruit members of minority groups being underused in the workforce
affirmative action
To obtain civil fines, either the Federal Trade Commission (FTC) or the Justice Department must ask the federal court to assess them. The exception to this rule is when companies
agree to fines as part of a consent order.
Isla, a manager at a casino, assists a group of people to rob the place by drawing a floor plan of the casino. Isla did not take part in the actual robbery. Isla could be most likely found guilty of ______.
aiding and abetting
If a person acts under the direction of someone accused of criminal activities, this person might be guilty of ______.
aiding and abetting others
The Tart-Hartely Act provides injunction of power against
all strikes and lockouts that create a national emergency
Registration by notification
allows issuers to offer securities for sale automatically after a stated time period expire unless the administrative agency takes action to prevent the offering.
Regarding the Pregnancy Discrimination Act, the following statement is true:
an employer is required to provide coverage for abortion if an employee carries to term and her life is endangered
Section 10(b) and Rule 10b-5 are usually referred to as the ______ provisions of the 1934 Act.
antifraud
Congress gave the National Labor Relations Board jurisdiction over
any business affecting commerce
The buyer's damages of a defrauded purchaser of securities
are measured at the time of purchase.
The Labor-Management Relations Act was enacted in 1947 to amend the Wagner Act to
balance the bargaining power between employers and unions
The Consumer Financial Protection Bureau's authority applies to
banks that extend credit loans.
Under the Wagner Act, any organization of employees must__
be completely independent of their employers
Double jeopardy means
being tried for the same crime twice
The Age Discrimination in Employment Act recognizes
both disparate treatment and disparate impact discrimination
Rico has been trying hard to get a certain building contract for his company. He talks to the government official who is managing the building contract allotment. Rico promises the official a 'treat' if he directs the contract to Rico's company. Rico can be found guilty of ______.
bribery
Deltrix Corp., a consumer provider, needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected because of their poor English Language proficiency. The applicants file a disparate impact case with the Equity Employment Opportunity Commission against Deltrix on the grounds of discrimination based on nationality. Which of the following defenses is Deltrix most likely is to use the case?
business necessity defense
A polygraph test may be legally used_____________________________.
by most private employers to check current employees because of a specific incident that caused economic injury to the employer's business
The Federal Reserve Board (FRB) found that Parson Inc., a newly established financial company, had violated banking laws. The company was involved in transactions that were prohibited by the United States government. Along with imposing a hefty fine, the FRB issued an order on Parson to stop the nature of such objectionable transactions and ordered the firm to refrain from indulging in such transactions in the future. This order is an example of a(n) ______.
cease and desist order
Which of the following is an order that an agency imposes on a violator to stop an objectionable activity and refrain the violator from any further violations?
cease and desist order
A(n) ______ is designated as such at the time of nomination by the president and is the presiding officer at agency meetings.
chairperson
Which of the following terms denotes the rights that protect individuals from the power of the government, including individuals accused of crimes?
civil liberties
A place of employment that requires a person to be a union member before applying for a jib is said to be a__
closed shop
One of the major changes brought about the Taft-Hartley Act was outlawing__
closed shops
The Fifth Amendment is best known for its protection against
compulsory self-incrimination.
When competitors attempt to share some activities or join together in the performance of a function, they are performing ______.
concerted activities
A(n) ______ is one in which the businesses involved neither compete nor are related as customer and supplier in any given line of commerce.
conglomerate merger
Under Rule 10b-5, plaintiffs are entitled to A. contemptuous damages. B. consequential damages. C. aggravated damages. D. restitutionary damages. E. punitive damages.
consequential damages.
A(n) ______ is an agreement or a "kind of partnership" for criminal purposes in which each member becomes the agent or partner of every other member.
conspiracy
A major stockholder of a corporation is most likely to be a(n) ______ in the initial sale of securities who also has power over the issuer in such sales.
controlling person
Due diligence defense requires that an expert prove that a reasonable investigation of the financial statements of the issuer and ______ was conducted.
controlling persons
ECNAL Corp. manufactures bicycle parts. One of its new products, the Slipstream tire, is advertised to be 20 percent stronger than that of its competitors due to a new rubber compound used that makes the tires skid resistant. After receiving complaints of fraud, the Federal Trade Commission (FTC) determines that the tire is made from rubber similar to that found in most bicycle tires and is not skid resistant. The FTC orders ECNAL to run an ad admitting that its advertisements were misleading and remove the untrue information from its advertisements. In this scenario, which of the following remedies is used by the FTC?
corrective advertising
The ______ that permits price differentials based on differences in the cost of manufacture, sale, or delivery of commodities is recognized by the Robinson-Patman amendment.
cost justification defense
Under the Employee Polygraph Protection Act, ______.
current employees may not be tested randomly but may be tested as a result of a specific activity that causes an economic loss to the employer
Which of the following types of debts are nondischargeable in bankruptcy?
debts arising from intentional torts
Administrative agencies are needed to provide specificity to
develop detailed rules and regulations to carry out a legislative policy.
Matt, a supervisor, refuses to let female employees work on overtime assignments because he thinks it is unsafe for women to work after 6 p.m. The female employees decide to file a charge against Matt with the Equal Employment Opportunity Commission. This case is an example of ______.
disparate impact
The Fifth Amendment provides in part that no "person [shall] be subject for the same offense to be twice put in jeopardy of life or limb." This is known as the ______.
double jeopardy clause
Rummaging through trash looking for personal information is known as ______.
dumpster diving
Proper functioning of the grand jury system depends upon the
ecrecy of the proceedings.
The Sarbanes-Oxley Act requires that information pertaining to an insider's transaction be filed
electronically within two business days of the transaction.
The 1991 revision of the Civil Rights Act to support punitive and compensatory damages have
encouraged employees to sue their employers
The 1991 revision of the Civil Rights Act to support punitive and compensatory damages has
encouraged employees to sue their employers.
According to the Securities Act of 1933, which of the following is considered legal during the prefiling period?
engaging in negotiations and agreements with underwriters
Joshua owns orange groves. He enters into a contract with the local food processing plant, Gram Corp., which stipulates that he will sell oranges only to Gram. In this scenario, the contract between Joshua and Gram Corp. is known as a(n) ______.
exclusive dealing contract
The ______ power of administrative agencies is primarily to investigate, prosecute, advise, and supervise.
executive
Before the Equal Employment Opportunity Commission can file a civil suit for a violation of the Civil Rights Act based on a claim by a discriminated employee, it must first
exhaust efforts to settle the claim.
The doctrine of ______ is a court-created rule that limits when courts can review administrative decisions.
exhaustion of remedies
Administrative agencies often provide needed continuity and consistency in the formulation, application, and enforcement of rules and regulations governing business. By doing so, these agencies are providing ______.
expertise
The Fair Credit Reporting Act applies to anyone who prepares or uses a credit report in connection with
extending credit.
Among the costs frequently paid by debtors to creditors as a condition of the extension of credit, which of the following are included in the finance charge?
fees for appraisal
Under common law, if an injury occurred because of the negligence of another employee, the employer would escape liability because of the ______ defense.
fellow-servant rule
Any person, including the debtor, in possession of property belonging to the estate of a debtor in bankruptcy is guilty of a ______ if he or she conceals the property from the person charged with control of the property in the bankruptcy proceeding.
felony
The ______ is the sum of all charges payable directly or indirectly by the debtor or someone else to the creditor as a condition of the extension of credit.
finance charge
The Insider Trading and Securities Fraud Enforcement Act of 1988 provides that suits alleging illegal use of nonpublic information may be filed up to a maximum period of ______ years after the wrongful transaction
five
The National Labor Relations Board consists of__
five members
The Equal Employment Opportunity Commission is composed of _______members who are appointed by _________ and serve a five-year term.
five, the president
A statement or representation is ______ if it is known to be untrue or is made with reckless indifference as to its truth or falsity.
fraudulent
In ______, a form of tying arrangement, a seller compels a buyer or lessee to take a complete product range from the seller.
full-line forcing
The ______ has significant impact on policy and is often as powerful as a commissioner or board member.
general counsel
The ______ is the chief law officer and legal adviser.
general counsel
Which of the following members of an agency requires Senate approval while being appointed?
general counsel
Bosh, an American corporation, acquires and merges with KnightD, a Belgian corporation, in a multibillion-dollar merger. Bosh, prior to the merger, sold beer only in the United States. After the merger, Bosh sells beer to most of the EU countries. The merger between Bosh and KnightD is an example of a ______.
geographic extension merger
Fields Tech School decides to expand and open a new campus in another state. Rather than acquiring land and building new buildings, the school board decides to merge with an existing school, Fennelstate, which has similar programs in the other state. Fennelstate is a small commuter school with the majority of the students from the same state. The merger between Fields Tech School and Fennelstate is best described as a ______.
geographic extension merger
The International Court of Justice
has no enforcement authority against countries that breach international law.
If there are violations of the Equal Credit Opportunity Act (ECOA), affected consumers
have the right to seek public enforcement by the Federal Trade Commission.
Which of the following Acts created the Securities and Exchange Commission?
he Securities Exchange Act of 1934
According to the Age Discrimination in Employment Act, who among the following are subject to mandatory retirement policies?
high-level policy makers aged 65 and older who are entitled to receive annual retirement benefits of at least $44,000 a year
The Americans with Disabilities Act does not require employers to
hire the unqualified disabled.
Trusts are a legal arrangement in which a fiduciary
holds legal title to property for benefit of another
The University of Kay and Kaytech University are bitter cross-town rivals. They compete in everything from sports to academics. Due to decreasing enrollment, the schools make an agreement to give all incoming students free tuition for one semester before raising the existing rates the following semester. This action is most likely to be considered a
horizontal agreement in violation of the Sherman Act.
Mobi Telecom Inc. and Broadcom Inc. are manufactures of cell phones competing in the same markets. If Broadcom decides to acquire and merge with Mobi, the merger is most likely to be called a ______.
horizontal merger
The president of a bottling company agreed with a competitor to stop discounts to retailers, which earned him a jail sentence. Which of the following is indicated in this scenario?
horizontal price fixing
For the purpose of giving each an exclusive territory, competing businesses may enter into a ______.
horizontal territorial agreeme
A(n) ______ is a type of sexual harassment in which co-workers make offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti.
hostile work environment
A(n)__ is a type of sexual harassment in which a co-worker makes offensive sexual comments or propositions, engage in suggestive touching, show nude pictures, or draw sexual graffiti
hostile work environment
The protection administrative law judges receive from liability for damages based on their decisions is called ______.
immunity
A grand jury transcript may be used at a trial to
impeach a witness
Which of the following functions allows an agency to gather and compile information concerning the organization and business practices of any corporation or industry engaged in commerce to determine whether there has been a violation of any law?
investigating
According to the Securities Act of 1933, a(n) ______ is the individual or business organization offering a security for sale to the public.
issuer
Prohibitions against insiders from engaging in short-swing profits are enforced by the
issuer of the security or by a person who owns a security of the issuer.
Under the Equal Pay Act, discrimination in pay is allowed if
it arises from a seniority system
Which of the following statements is true of the legislature in influencing decisions in an administrative agency?
it has the power to limit appropriation of funds to the agency.
When a state acts in its sovereign capacity, ______.
it is immune from federal antitrust scrutiny
Which of the following statements is true of a white-collar crime?
it is usually committed for personal financial gain.
Which of the following statements is true of a seller?
it refers to anyone who contracts with a purchaser or who is a motivating influence that causes the purchase transaction to occur.
The classification of crimes as felonies or misdemeanors is based on the
judge's prerogative.
The ______ power of administrative agencies is primarily to decide on controversies.
judicial
Which of the following is an example of a white-collar crime?
kickback
In a criminal activity, which of the following refers to the payments made to a person who has facilitated a transaction?
kickbacks
The Americans with Disabilities Act prohibits discrimination against the qualified disabled which include all but the following:
kleptomania
Which of the following is most likely a reason for a firm to enter into a licensing agreement
licensing arrangements allow firms to enter a foreign market without direct foreign investments
In ______, the price of goods and services is limited to levels that tend to discourage new entry to markets.
limit pricing
To determine deception in advertising, the Federal Trade Commission
looks at both implied and express claims.
Under the Colgate doctrine, the Supreme Court recognizes that
manufacturers can announce their prices and refuse to deal with those who fail to comply.
In the context of false advertising laws, state law
may allow for private lawsuits in addition to government enforcement, which is an option not available under the Federal Trade Commission Act.
Under the Fair Credit Reporting Act (FCRA), investigative consumer reports detailing a consumer's character, general reputation, and mode of living
may be obtained by no one unless at least three days' advance notice is given to the consumer that such a report will be sought.
According to the Securities and Exchange Commission (SEC), a person should be considered to be a temporary insider if that person conveys nonpublic information that was to have been kept confidential. This philosophy has become known as the
misappropriation theory.
Albert falsely reports his income obtained from betting on racehorses as income obtained from his job at Good Life Supermarket. Albert is guilty of ______.
money laundering
GVB Inc., a consulting firm, hires Zainab, who is a Muslim. In order to avoid discriminating against Zainab based on her religion, GVB
must make reasonable accommodation to her religious needs.
GVB Inc., a consulting firm, hires Zainab, who is a Muslim. In order to avoid discriminating against Zainab based on her religion, GVB
must make reasonable accommodations for her religious needs
The Sarbanes-Oxley Act provides that whenever there is a restatement of the company's financial condition, then the executives
must return any bonuses paid as a result of the incorrect financial statements.
Which of the following refers to nolo contendere?
no contest
To avoid the impact of a guilty plea or a conviction on a pending civil antitrust suit, a criminally accused defendant is most likely to plead ______.
nolo contendere
In a bankruptcy proceeding, which of the following classes of bankruptcy creditors will receive the lowest priority?
one who is injured from a motor vehicle operated by a debtor while he was intoxicated
After a National Labor Relations Board certification election, another is not permitted for__
one year
Administrative law judges are
organizationally separate from the rest of the agency.
Any transaction or event knowingly committed by a conspirator in an attempt to accomplish some object of the conspiracy is called an ______.
overt act
Which of the following personnel are exempt from the authority of the National Labor Relations Board?
persons covered by the Railway Labor Relations Act
Cooper Inc. was a company that operated primarily by sending out e-mails to its customers and requesting them to invest in their firm. Many such customers who invested later found that such a company didn't exist and that the company had merely acquired all their personal information for its own use. This scenario is an example of ______.
phishing
A prospectus is filed during the
posteffective period.
In 1976, the Hart-Scott-Rodino Antitrust Improvements Act was passed to provide for ______.
premerger notification
The primary function of the Federal Trade Commission is to
prevent illegal business practices.
Which of the following is a violation of the Sherman Act?
price fixing agreements between large companies
Which of the following doctrines applies when a claim is originally filed in the courts?
primary jurisdiction
Which of the following terms refers to the determination by a majority of the grand jury that a crime has been committed and that the evidence is sufficient to warrant the accused's standing trial?
probable cause
The administrative process can give rise to too much discretionary power, often unstructured, and unchecked. This is a criticism of the administrative process relating to ______.
procedures
Business often fails to regulate itself, and the lack of self-regulation is contrary to the public interest. To counterbalance, administrative agencies exist to
protect the public, especially from the business community.
The Health Insurance Portability and Accountability Act (HIPAA) has four main components, one of them is that it
provides that employees may continue to purchase health insurance even after their employment is terminated.
In a(n) ______ type of regulatory authority, an agency can make decisions like a court
quasi-judicial
The Securities and Exchange Commission's (SEC) right to conduct investigations is based on its
quasi-judicial power.
The Securities and Exchange Commission's (SEC's) adoption of rules and regulations relating to financial and other information furnished to the Commission comes under its ______ power.
quasi-legislative
Which of the following type of regulatory authority issues rules that have the impact of laws?
quasi-legislative
Bill, the owner of FG Kraftco Corp., asks his employee, Megan, for sexual favors in exchange for a raise in her salary. When Megan refuses to entertain his request, Bill reduces her salary. Megan files a charge against Bill with the Equal Employment Opportunity Commission. This case is a ______.
quid pro quo case
As interpreted by the courts, Section 1981, a provision of the Civil Rights Act of 1866, applies only to ______.
racial discrimination
One party offers to buy the other's goods but only if the second party buys other goods from the first party. This is known as a(n) ______.
reciprocal dealing arrangement
The process of registration created by the Uniform Securities Act is known as
registration by coordination.
According to the Securities Act of 1933, an issuer of securities who complies with the federal law must prepare a(n)
registration statement.
The Robinson-Patman amendment gives the Federal Trade Commission jurisdiction and authority to.
regulate quantity discounts.
When a firm is given monopoly power, it loses its freedom of contract, and a governmental body is given the power to determine the provisions of its contracts. The government agency is providing ______.
regulation
In a(n) ______, a buyer agrees to purchase all of its needs of a given contract from a seller during a certain period of time.
requirements contract
Vertical price fixing is also called ______.
resale price maintenance
The Bureau of Consumer Protection may allege that an individual or company has violated Section 5 of the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices. The alleged individual or company is called a(n) ______.
respondent
Thelma and Louise are out bar hopping on a Friday night. Thelma is driving to the next bar when Louise asks her to stop at a convenience store so she can "make a withdrawal." Thelma thinks that Louise is using an ATM when Louise pulls out a gun from her purse and holds up the store. Louise walks out of the store without firing any shots. The police arrest both at their next bar stop. Louise is guilty of
robbery
When administrative agencies exercise their quasi-legislative power by issuing guidelines that have the force and effect of law, they are ______.
rule making
The ______, announced by the Supreme Court in Standard Oil Co. v. United States, holds that contracts or conspiracies in restraint of trade are illegal only if they constituted undue or unreasonable restraints of trade and that only unreasonable attempts to monopolize are covered by the Sherman Act.
rule of reason
Landam-Griffin Act prohibits_
secondary boycotts
The ______ regulates transfers of securities after the initial sale.
securities Exchange Act of 1934
The members of the Public Company Accounting Oversight Board are appointed by the
securities and Exchange Commission.
To make the criminal system more just and to help ensure that similar crimes receive similar sentences, in the late 1980s a federal sentencing commission developed ______ for federal crimes.
sentencing guidelines
The mere existence of most government programs automatically creates a new agency or expands the functions of an existing one. These agencies are providing ______.
services
Race Norming is a practice of
setting two different cutoff test scores for employment based on race.
According to the Sarbanes-Oxley Act, auditors are required to preserve audit records for a period of
seven years.
The Equal Credit Opportunity Act is aimed especially at preventing ______.
sex discrimination
Quid pro quo is a type of__
sexual harassment
Quid pro quo is a type of ______.
sexual harassment discrimination
Title VII of the Civil Rights Act does not prohibit discrimination against employees based on their ______.
sexual orientation
As the member of an agency, a secretary
signs orders and official correspondence.
Stealing credit card or debit card information by using a special storage device when someone is processing their card is called ______.
skimming
Tombstone ads refer to
solicitations made during the waiting period.
In a bankruptcy proceeding, which of the following classes of bankruptcy creditors will receive highest priority?
spouse, former spouse, child, or guardian with claims for domestic support
Any party seeking the judicial review of any administrative agency's decision must be able to prove:
standing to sue.
In a 1943 case known as Parker v. Brown, the Supreme Court created a ______ to the Sherman Act.
state action exemption
Under the doctrine of sovereign immunity, the foreign sovereign claims to be immune from suit entirely based on its__
statutes of state
The Clayton Act of 1914 was passed principally to
strengthen the antitrust laws
The Securities and Exchange Commission (SEC) primarily functions as a(n) ______ body, which oversees the issue and sale of investment securities.
supervising
Which of the following statements is true of the Securities Exchange Act of 1934?
the Act requires brokers and dealers to keep detailed records of their activities and filing of annual reports with the Securities Exchange Commission.
Which of the following specifically prohibits the race norming of employment tests?
the Civil Rights Act amendments of 1991
Which of the following acts is directed at protecting employees' health care?
the Consolidated Omnibus Budget Reconciliation Act (COBRA)
Which of the following acts establishes procedures that banks and other financial institutions must follow when consumers dispute amounts billed by a bank?
the Electronic Fund Transfer Act
Which of the following federal agencies regulates the availability and cost of money and credit?
the Federal Reserve Board (FRB)
Which of the following federal agencies protects the public from anticompetitive behavior and unfair and deceptive business practices?
the Federal Trade Commission (FTC)
Which of the following federal agencies conducts union certification elections and holds hearings on unfair labor practice complaints?
the National Labor Relations Board (NLRB)
Parker v. Brown doctrine is based on the reasoning that
the Sherman Act does not apply to state governments.
Delltrix Corp., a customer support provider, needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected because of their poor English language proficiency. The applicants file a disparate impact case with the Equal Employment Opportunity Commission against Delltrix on the grounds of discrimination based on nationality. Which of the following defenses is Delltrix most likely to use in this case?
the business necessity defense
In a disparate impact case, an alleged employer can defeat a plaintiff's claim by proving ______.
the business necessity defense
In a disparate impact case, an alleged employer can defeat a plaintiff's claim by proving__.
the business necessity defense
Most cases brought by the Bureau of Consumer Protection are settled using ______.
the consent-order procedure
Shauna defaults on her car loan payment. The debt collector hired by the bank visits Shauna and verbally abuses her using offensive language. In this scenario, which of the following statements is true under the Fair Debt Collection Practices Act (FDPCA)?
the court can order the debt collector to pay up to $1,000 for using obscene language.
Benefit of the bargain refers to the measure of damages awarded to the buyer which is
the difference between what he or she paid and what the security was represented to be worth.
If an employee's tips combined with the cash wage is inconsistent with the minimum hourly wage, ______.
the employer must make up the difference with certain conditions
In the presence of a scheme to defraud, who has the burden of proof?
the government
For a seller's pricing to be considered predatory conduct, there must be proof that
the prices were intended to drive competitors out of business followed by the wrongdoer recouping the initial losses.
The Truth-in-Lending Act gives debtors the right to rescind certain transactions for a period of ______ business days from the date of the transactions or from the date they are given the notice of their right to rescind, whichever is later.
three
The National Mediation Board, established by the Railway Labor Act, consists of__
three members
The civil penalty provided by the Insider Trading and Securities Fraud Enforcement Act of 1988 for profits gained with nonpublic information is
three times the profits gained.
A(n) ______ is a person who learns of nonpublic information from an insider, and is generally viewed as a temporary insider.
tippee
______ ensures fair competition by preventing those who would deceive consumers from diverting trade from those who compete honestly.
trade practice regulatio
The familiar telemarketing sales rule that established the national "Do Not Call" list is an example of a(n) ______.
trade regulation rule
To prove a pattern of racketeering under various specified federal statutes, the statute says that it requires at least
two acts of racketeering in a ten-year period.
To convict a person of a conspiracy, ______.
two or more people must be involved in the accomplishment of a common and unlawful plan
The dispute in a jurisdictional strike is between
two unions
Sifco Inc., a tire manufacturing company, stipulates that Rambox Corp. should buy its entire line of Roadgrip tires. Sifco has significant market power in a particular variety of Roadgrip tires for which no substitutes are available in the market. It uses this power to its advantage and does not agree to let Rambox buy less than the entire line of Roadgrip tires. The sales contract between Sifco and Rambox is an example of a ______.
tying arrangement
A ______ is one in which a product is sold or leased only on the condition that a buyer or lessee purchase a different product or service from a seller or lessor.
tying contract
According to the Securities Act of 1933, an individual who participates in the original distribution of securities by selling such securities for the issuer or by guaranteeing their sale is referred to as the
underwriter
The ______ provision of the Fair Credit Reporting Act requires that consumers who are seeking credit for personal, family, or household purposes be informed if their application is denied because of an adverse credit report.
user
Attempts by manufacturers to control the ultimate retail prices are known as ______.
vertical price fixing
A ______ is one between a manufacturer and a dealer, which assigns the dealer an exclusive territory, and the manufacturer agrees not to sell to other dealers in that territory in exchange for an agreement by the dealer that it will not operate outside the area assigned.
vertical territorial agreement
After the registration statement is filed, a ______ commences.
waiting period
The discharge of an employee for reporting the employer's alleged violations of law is known as ______.
whistleblowing
Subprime mortgages refer to mortgages securing loans for consumers
who do not qualify for ordinary market rates due to a lack of credit worthiness.
Employee agreements not to join unions as a condition of employment were known as _____ contracts.
yellow-dog contracts
