Business Law Honors Final - Bowen
Which of the following is an accepted definition of law?
A body of rules of action or conduct prescribed by controlling authority and having binding legal force
The Food, Drug and Cosmetics Act was passed in 1938 after
A large number of women suffered adverse reactions to a particular face cream.
The terms of an express contract _____________________
Are set down in a clear-cut fashion
What is cybersquatting
Buying a domain name in hopes someone will want to buy it later
If one person has a right to sue another person, the case would be heard in ________ court
Civil
What legislation makes it illegal to pay men and women employees different wages when their jobs require equal skill, effort, responsibility, and the same working conditions?
Civil Rights Act
The supreme law of the land comes from
Constitution
How do online retailers track their users' web browsing activities?
Cookies
A(n) _________ is an offense against society
Crime
When citizens rights to live in peace is violated, the offense is governed by
Criminal law
The language that was used to transcribe the first laws of the world were
Cuneiform
The country we derive our law traditions from is
England
The practice of deciding what is right or wrong in a reasoned, impartial manner is knows as
Ethics
Bankruptcy court falls under which court system
Federal
Cases that deal with constitutional rights, treaties, or an act of congress are referred to as
Federal questions
Which of the following is NOT permitted as a possible remedy in antitrust actions
Force a company to buy another company
Which of the following are reflected in some aspect of law?
Honesty and integrity are reflected by the enforceability of contracts, respect for other people and their property is reflected in tort and property law, and some measures are acceptable.
Any agreement that restrains competition between rival firms competitng in the same market place is
Horizontal restraint
__________ property includes patents, trade secrets, service marks, and trademarks
Intellectual
The United States Constitution
Is the oldest written constitution in force in a major nation
Taylor offers to sell her car to Justin for $5,000.00. Justin says it is too much money. In this case
Justin has rejected Taylor's offer
In a society, the rules of conduct that will be enforced by a political party are known as _________ .
Laws
Thomas Hobbes wrote the book ______ dealing with the social contract
Leviathan
The method of settling disputes outside of a court with a neutral third party
Mediation
When minors purchase items such as food and clothing (necessaries), they
Must pay the fair market value rather than the contracted price
The agency given the power to file suits against employers and unions believed to be violating Title VII of the Civil Rights Act is the
National Labor Relations Board
Long arm statutes provide jurisdiction over
Non residents and total contact cases
What legislation required the FDA to issue nutrition labels?
Nutrition Labeling and Education Act
__________ law deals with methods of enforcing legal rights
Procedural
The electronic communications privacy act
Prohibits the intentional interception of any wire, oral, or electronic communications
Enforcement of law in a society is important because it
Provides some predictability and uniformity to the boundaries of acceptable conduct
One example of the law working to effect social change in the U.S. is in the area of
Racial discrimination
Price discrimination in the sale of goods in restricted by the
Robinson-Patman Act
Most states have a two-part legislature. Having two legislative house is meant to
Serve as an added check on government power
In order for a party to have "standing to sue", they must have
Sufficient stake
Jim Crow laws were federal and state laws that
Supported, and even required, racial segregation and labor market discrimination
The ___________ of the United States is the final interpreter of the federal Constitution.
Supreme Court
The Appellate court has the jurisdiction to hear cases
That are appealing a lower court decision
If Coca-Cola were to want to merge with Pepsi, and this was held to "substantially lessen competition" or "tend to create a monopoly," that would be a violation of
The Clayton Act
Even if the purpose is anticompetitive, lobbying to influence a legislature is not illegal because
The first amendment gives persons the right to petition their government
The Clayton Act prevents a corporation from acquiring another corporation if
The result is that it may substantially lessen competition
Why does the judiciary branch review actions taken by the executive branch?
To make sure they comply with the constitution
In a ____________ , a case is heard for the first time
Trial court
There are three instances in which the law recognizes a lack of contractual capacity, they include all of the following except
Undue influence
Exclusive dealing is when
a company is forbidden from dealing with other possible buyers or sellers
A primary source of law is exemplified in
case law
A key motive behind the Sherman Act was
concern about the power of large businesses in some industries.
The Sherman Act expressly holds illegal
contracts and combinations in restraint of trade
The court has judicial review, this allows them to
determine the constitutionality of laws
Primary source of law does which of the following
establishes law
Through jurisdiction. courts have many means to hear a case. One being the long arm statute. In order for this statute to be effective what must be in place for a case?
minimum contacts
The method of basing current decisions on previous cases or proceedings is
precedent
The right to _______ is guaranteed by the Bill of Rights and some state constitutions
privacy
The relief given to an innocent party to enforce a right or a compensation for the violation of a right
remedy
The U.S. Safe Web Act of 2006 deals with the prevention of what?
spam
The main distinction between original and appellate courts jurisdiction lies in whether
the case is being heard for the first time
The Supreme Court has interpreted the commerce clause to mean that national government has the exclusive authority to regulate commerce among the states; this doctrine is known as
the dormant clause
Jurisdiction comes from Latin meaning
to speak the law
The Clayton Act does NOT clearly restrict which of the following?
unfair methods of competition
When a court has concurrent jurisdiction this means
when two different courts can hear the case