Business Law & Ethics Quizzes

50%

According to The Harvard Law Review, below what percentage of market share do courts rarely find monopoly power?

commercial

Advertisements via circulars and billboards are examples of ______ speech

forbidden by a number of states or limited to safety-sensitive situations

Random drug testing of employees is

Case brief

The outline that a law student prepares in an attempt to master the law is called a(n)

1986 Electronic Communications Privacy Act (ECPA)

The piece of federal legislation that prohibits private individuals and organizations from intercepting wire, oral, or electronic communications is the:

Nominal damages

The plaintiff in a breach of contract action who has suffered not actual damage may be entitled to an insignificant sum to illustrate the wrongfulness of the breach known as:

Requirements

A ________ contract is where a seller agrees to supply all of a buyer's needs, or a buyer agrees to purchase all of a seller's output, or both.

Horizontal

A __________ merger involves firms that are in direct competition and occupy the same product and geographic markets.

Conglomerate

A __________ merger is said to occur when an electronics company acquires a food manufacturing company.

Positive externality

A company builds a garden at the side of its building to enhance the appearance of its neighborhood. This is an example of a

Implied contract

A contract that is interred on the basis of the facts or by the behaviors of the parties is a(n)

Felony

A crime punishable by a year or more of incarceration is a

Horizontal

A dry cleaning company in a major city merges with another dry cleaning company in the same area. This is an example of a __________ merger.

Affirmative action

A means for remedying past and present discriminatory wrongs in the workplace is known as

Conglomerate

A merger between firms dealing in unrelated products is a __________ merger.

Licensure

A movie theater is required to obtain a local permit for setting up its operations. This act of granting a local permit is called

Intrastate

A new security offered by a corporation of the same state as all of the persons it is offered to is what type of offering?

Officers and directors

A shareholder derivative lawsuit can be filed by minority shareholders of a corporation against whom?

Debt convenant

A term in a lending contract that makes the debt essentially immediately payable should the condition specified cease to be satisfied is a(n)

Mediation

A type of alternative dispute resolution that uses a neutral third party to facilitate an agreement between two disputing parties is

Vertical

An agreement between two or more members of a supply chain is labeled a(n) _________ restraint on trade.

Exclusive dealing contract

An agreement in which a buyer commits itself to deal only with a specific seller, thereby cutting competing sellers out of that share of the market is known as a(n):

Causation

An analysis of whether a defendant's act or failure to act is sufficiently connected to the plaintiff's injure falls under which negligence element?

Tying arrangement

An arrangement that permits a customer to buy or lease a desired product only if the customer also buys or leases another, less desirable product is referred to as a:

At-will employee

An employee who is not under contract for a definite period of time and who can be fired at any time is called a(n) __________.

Retaliation

An employer may not take adverse action, known as __________, against an employee because that employee is participating in a Title VII complaint or investigation.

Undue hardship

An employer need not accommodate an employee's religious practice or belief if it creates a(n) __________ for the employer.

Negligence

An employer who knew or should have known an employee could be dangerous, incompetent, or dishonest, and such characteristic was directly related to the injured party's damage, could be held liable under which of the following?

Misrepresentation

An innocent untruth is a(n)

Preservation of monopolies

Antitrust advocates have historically been concerned with all of the following except:

Consent

Assumption of the risk is a defense based on the idea of:

Void contract

Beatrice doesn't like her ex, Beauregard. Beatrice contracts with Beary to assault Beauregard for the sum of $5,000.00. This situation is best described as a(n)

Torts

Breaches of duty to particular persons, causing loss or injury are categorized as

Unjust enrichment

Consequences for violating securities laws include all of the following except

Adverse impact

Disparate impact, or unintentional discrimination, is also known as

Vicarious liability

Employers will be held liable under __________ reasoning for harm to third parties caused by the intentional or negligent acts of their employees when those acts occur on the job.

Market foreclosure

Exclusive dealing and requirements contracts could result in competitors being denied a source of supply or a market for sale which is referred to as:

Control of supply

Federal agencies that control entry into certain economic activities fall under which category of the federal regulatory agency duties?

Oligopoly

Few firms sharing monopoly power is a(n) __________.

Take written form

For an offer to be valid it must contain all of the following except:

Power of eminent domain

Govs can use the _____ to take private property for public uses such as building highways, bike trails, and parks, which providing just compensation to the owners

Negligence

Harm caused by carelessness is known as

Product banishment

Hobbes corporation a toy manufacturer, has been prohibited from selling toys with removable parts to children below the age of five. This is an example of:

Sherman Act

Horizontal group boycotts violate which federal legislation?

Mergers can significantly shape political affairs

Identify a merger hazard.

Assignment

If Tom owes john $300 for work that john has performed for him, and john gives this debt to Jim in repayment for work that Jim has done for him, then this transfer of rights to this debt is referred to as a(n)

Exculpatory clause

If an individual owns a potentially hazardous enterprise such as a bungee Townes or a water slide, one way for the owner to protect himself from litigation should a customer be hurt is to include an ______ int he customer agreement

That the prosecution of a high school student for taking a gun to school in violation of the gun free school zones act did violate the commerce clause

In United States vs. Lopez, the United States Supreme Court ruled:

Affirmed

In a civil trial, after the judgement is rendered on a case, either party may appeal the decision to a higher court. If no error is found by the appellate court, the lower court decision is

Creditor beneficiaries and donee beneficiaries

In general, which of the following third parties can enforce a contract?

Answer

In response to a complaint, the defendant may file with the court an initial pleading, called an _________, wherein the defendant enters a denial by setting out his or her version of the facts and law, or in which the defendant simply concedes the validity of the plaintiff's position

Res ipsa loquitur

In some cases of negligence claims, courts adopt the doctrine of ______, in which the facts suggest that the plaintiff's injury must have resulted from the defendant's negligence, but the circumstances are such that the plaintiff is unable to prove

Foreign Corrupt Practices Act

In the US, bribing a foreign official to violate local law in order to obtain or maintain business or to secure an improper advantage is illegal under which federal legislation?

retains its right to sue on behalf of an employee even if the worker has signed away his or her own rights.

In the context of employment discrimination, the Equal Employment Opportunity Commission

It is the bargained-for legal value that one party agrees to pay to secure the promise of another

In the context of legally enforceable contracts, which of the following best describes consideration?

Crown jewel

In the context of takeover defenses, when a target company's management arranges for a friendly third party to purchase its critical assets at a reasonable price, it is referred to as a __________ defense.

Supremacy clause

In the event of a conflict between state and federal law, which clause states that the federal law will prevail? which of the following amendments poses an obstacle to FCC regulations on indecency?

District court

In the state court systems, generally at the base of the court pyramid in most states is a ______

Enabling legislation

Independent agencies, such the Federal Trade Commission, the Federal Communication Commission, and the Securities and exchange commission, were established by congress by means of statutes labeled

The police officer is allowed to secure drugs that are abandoned or in plain view even though a warrant has not been obtained

Jack is driving from LA to San Fran. On his way, Jack is stopped by a police patrol care for repeatedly crossing a double yellow line into oncoming traffic. A police officer politely asks Jack to step out of the vehicle, which the officer's partner performs a warrant less search of Jack's car. The police officer finds a gram of cocaine on the dashboard. Which of the following most likely to happen in this scenario?

Tangible employment action

Job loss or demotion in the context of sexual harassment law is known as

4th amendment

Jon, a motel owner, was suspected of being associated with an illegal narcotics operation. The police put a GPS tracking unit on Jon's car and followed his movements for more than a month. He arrested in 2010, and in a trial in 2012, the jury found him guilty of intent to distribute meth for which he was sentenced to life in prison. On appeal, Jon argued that his conviction should be overturned because the warrant less use of his tracking unit violated the

In personal jurisdiction

Judicial authority over a person is referred to as:

Procedural laws

Law that are the methods of enforcing substantive rights are

Substantive

Laws that create, define, and regulate legal rights and obligations ate classified as

Maintaining market dominance by anticompetitive means

Microsoft was charged with which of the following antitrust violations in 2000?

Public goods

National defense, insect eradication and street lighting are examples of

The cell phone evidence will be discarded because it is unlawful for cell phones to be searched upon arrest without a warrant

Norah, a waitress at a restaurant, was hospitalized because of a drug overdose. When questioned by the police, she agreed to call Michael, whom she identified as the source of drugs. The police arrested Michael, searched him and his cell phone, and discovered call records confirming that the phone was used to talk to Norah. This evidence was used at trial against Michael, who argued that the cell phone search violated his Fourth Amendment rights. Which of the following is most likely to happen in this

Supremacy clause

Nullifies state action that conflicts with federal law

Principle of stare decisis

Offers the wisdom of the past and enhances efficiency by eliminating the need to resolve every case as though it were the first of its kind

Intentional infliction of emotional distress

Outrageous conduct causing severe emotional pain is the intentional tort claim of:

Articles organization

Owners, or the members of an LLC, file which of the following with the state to legally create the LLC

Negative externality

Pollution is an example of

Predatory pricing

Pricing below cost and a "dangerous probability" of recouping the losses suffered from the below-cost pricing are the two elements for establishing:

Treble

Private parties may sue for __________ damages when they believe a merger has unlawfully harmed them.

Vicarious

Respondeat superior is a form of __________ liability.

Let the master answer

Respondeat superior stands for

Price discrimination

Selling substantially identical goods at reasonably contemporaneous times to different purchasers at a different price, where the effect is to harm competitors, is:

40

The Age Discrimination in Employment Act (ADEA) protects workers over the age of __________ and over.

One and a half times

The Fair Labor Standards Act requires that covered employees receive at least what rate of pay for hours worked over 40 hours in a week?

12

The Family and Medical Leave Act provides eligible employees __________ weeks of unpaid leave in any 12-month period for family needs such as the birth or adoption of a child.

Positions requiring a high level of skill and technical expertise in specialized fields such as science, engineering, or computer programming.

The H-1B visa is designed to bring foreign workers into the United States to fill what kind of positions?

European Union

The United States and __________ provide the most antitrust enforcement.

EEOC

The __________ is the federal administrative agency that has the authority to issue regulations and guidelines as well as to receive, initiate, and investigate charges of discrimination against employers covered by federal antidiscrimination statutes such as Title VII.

Limited liability

The concept of __________ implies that when a corporation has liabilities that exceed its assets, its creditors cannot reach the personal assets of the shareholders.

10th amendment

The constitutional amendment that reserves to the states any powers which are neither specifically delegated to the federal government nor prohibited to the state is:

Equal protection clause

The constitutional provision that forbids a government from treating one person differently from another person without a rational basis for doing so is the

Insider

The crime of __________ trading has occurred when a director or an officer buys or sells a security while in possession of material, nonpublic information.

Failing company doctrine

The doctrine that permits a merger to preserve the assets of a firm that would otherwise be lost to the market is the:

Double jeopardy

The doctrine under which a person cannot be prosecuted twice in the same tribunal for the same criminal offense is

Issuers

The due diligence defense in a Section 11 action is available to all of the following except the:

Mens rea

The element of a crime that is the evil intent component is known as the:

OSHA

The federal administrative agency in charge of ensuring safe workplaces is:

Securities act of 1933

The federal legislation governing initial securities offerings is the

Americans with Disabilities Act

The federal legislation that forbids discrimination in employment public accommodations, public services, transportation, and telecommunications for the disabled is the:

Deregulate the economy

The free market enthusiasm of the 1980s results in strenuous efforts to:

Procedural Due Process

The gov is required to give notice and a fair hearing before taking action that affects a citizen's life, liberty, or property because of

information

The government might mandate disclosure requirements by businesses to combat imperfect or the lack of:

Trespass

The intentional entry onto the land belonging to another without consent is:

Congress

The power to legislate is given by the constitution to which of the following?

Board of directors

The responsibility of appointing offers and adopting bylaws for a corporation lies with:

Contribution

The right of one partner who pays partnership debt to recoup an appropriate share of that debt from the other partners is referred to as the right of:

mailbox

The rule that states that acceptance is effective when sent even if never received, is the ______ rule

Constitutions

The sources of law which prescribe the structure of our governments and protection for our individual rights are

Market foreclosure

The threat to competition from a vertical merger that may deny a source of supply to a purchaser or an outlet for sale to a seller is known as:

Nuisance

Tortious interference that impairs the enjoyment of one's land is known as a(n)

Uniform commercial code

Transactions involving the sale of goods is governed by

Bundling

Tying arrangements are also known as ________.

Personal liability

Under Title VII, which of the following is not an available remedy for unlawful sexual harassment in the workplace?

Qualified

Under a __________ privilege, protection against a defamation suit is provided for legitimate business communications.

FTC and Justice Department

Under the Hart-Scott-Rodino Antitrust Improvements Act mergers and acquisitions must be reported to which of the following if those deals exceed certain dollar thresholds?

Rule 10(b) of the 1934 Act

Under which of the following is it illegal in connection which the sale or purchase of security, to employ any scheme or to engage in any practice that defrauds another person participating in the financial markets?

$50,000 to $300,000

What is the cap range for compensatory and punitive damages an employer might have to pay under Title VII of the Civil Rights Act?

Defined contribution plan

What type of plan will specify in advance the "match" the employer will provide to go with the employee's own contributions?

Vertical

When a software development firm acquires a computer hardware manufacturing firm, it results in a __________ merger.

Horizontal restraints of trade

When competitors fix prices, restrict output, and divide territories among themselves, they are engaging in:

Article 1

Which Article in the constitution creates a legislative branch of gov?

14 amendment

Which amendment provides constitutional protection against state government?

1st amendment

Which amendment to the US constitution contains both establishment clause and the free exercise clause?

1st amendment

Which amendment to the US constitution protects free speech?

FTC

Which federal agency was designed to prevent anticompetitive trade practices?

Executive branch

Which of the following appoints the top administrators for various agencies?

Product misuse and assumption of the risk

Which of the following are possible defenses to strict liability cases?

Contract law

Which of the following areas of law gives us a reliable mechanism for freely expressing our preferences for life?

A court order that may either require or forbid a party to perform a specified act

Which of the following best describes an injunction?

It refersto intentionally causing another to reasonably believe that he or she is about to be the victim of a battery

Which of the following best describes assault?

Voting rules

Which of the following content included in articles of incorporation is discretionary?

Equal pay act

Which of the following forbids discrimination on the basis of sex by paying wages to employees of one sex at a rate less than the rate paid to employees of the opposite sex for equal work on jobs requiring equal skill, effort, and responsibility and performed under similar working conditions?

Police power

Which of the following gives the states the authority to regulate commerce?

Vertical restraints of trade

Which of the following is a restraint imposed by suppliers on their buyers?

Libel

Which of the following is described as tangible defamation?

Strict liability

Which of the following is not a category of negligence claims stemming from defective products?

Increased competition

Which of the following is not a concern brought about by economic concentration?

Criminal sanctions

Which of the following is not an available remedy under the Clayton Act?

Ensure commercial profitability

Which of the following is not an objective of the law?

Fraud

Which of the following is not recognized defense to an intentional tort claim?

Less than 20% of the workforce is covered by worker's compensation laws

Which of the following is not true of workers' compensation law?

Degree of control

Which of the following is the dominant test for determining whether a worker is an independent contractor or an employee?

Federal and state courts have concurrent jurisdiction for some federal questions

Which of the following is true of federal question jurisdiction?

It prohibits an employer from forcing a pregnant employee to take time off or to quit due to pregnancy.

Which of the following is true of the Pregnancy Discrimination Act?

Sherman Act

Which of the following pieces of federal legislation prohibits restraints of trade, monopolization, attempts to monopolize and conspiracies to monopolize?

Civil Rights Act of 1964

Which of the following pieces of legislation forbids discrimination in education, housing, public accommodations, and employment?

Bill of Rights

Which of the following protects our personal freedoms, such as religion and speech, from the government?

The exclusionary rule

Which of the following rules provides that evidence secured in violation of the 4th amendment may not be sued against a defendant at trial?

It applies only to consumer products

Which of the following statements is true of the Magnuson-Moss Warranty Act?

Strict Liability

Which of the following tort claims focuses on the condition of a product rather than the conduct of the parties?

A unilateral contract

Which of the following types of contracts ordinarily involves a situation in which one party makes a promise and the other party acts in response to that promise?

All of these are covered by title via I

Which of the following types of employment discrimination is not covered by Title VII of the Federal Civil Rights Act?

Procedural rules

Which type of agency rules set forth the agency's internal operating structure and methods?

Precedent

With a condition ________, the parties to a contract have no binding duties until the specified event occurs