BA 325 Final

According to the editorial "Local Journalism Could Use Some Congressional Support in Fight Against Facebook, Google," the aforementioned companies accounted for what percentage of all digital advertising spending in the United States in 2018? 80% 50% 40% 20%

80%

Which of the following is true with respect to Case #1 in the Class 16 Background Briefing? There was no evidence that the plaintiff's attitude or performance changed after she was denied a promotion. A few months before she quit, the plaintiff received a reprimand for wearing "Daisy Dukes" at work. There was no evidence that plaintiff herself had made any sexualized comments in the workplace. None of the foregoing statements are true.

A few months before she quit, the plaintiff received a reprimand for wearing "Daisy Dukes" at work.

Which of the following is true with respect to Case #2 in the Class 16 Background Briefing? Manatt's supervisor strongly reprimanded Manatt's coworkers the first time he heard them say racist things to her. After HR got involved, the coworkers who said racist things to Manatt were suspended. After the company called a meeting telling employees to be more sensitive, the harassment stopped. Manatt responded to her coworker's racial slurs with reciprocal slurs.

After the company called a meeting telling employees to be more sensitive, the harassment stopped.

Which of the following actions by an officer or director would constitute a breach of their duty of loyalty? Competing with the corporation. Usurping a corporate opportunity. Directly benefitting financially from an undisclosed conflict of interest (such as ordering from a more expensive supplier owned by the officer's family). All of the above.

All of the above

Which of the following can pursue a claim for insider trading? The Securities Exchange Commission (SEC). The Department of Justice (DOJ). A shareholder. All of the above.

All of the above

Which of the following does the federal Food, Drug, and Cosmetic Act (FDCA) do? Establish food standards. Specify safe levels of potentially hazardous food additives. Provide guidelines for advertising and labeling food products. All of the above.

All of the above.

Which of the following must a plaintiff establish to indirectly prove monopoly power? The firm has a dominant share of the relevant market. There are significant barriers for new competitors to enter the market. Both of the above.

Both of the above.

True or False? An employer may be liable for harassment of its employees by nonemployees (e.g., customers, suppliers) if the employer knew about the harassment and failed to take corrective action. True. False.

True

True or False? Insider trading is deemed a type of fraudulent trading under SEC regulations. True. False.

True

True or False? The Federal Trade Commission (FTC) and the Department of Justice (DOJ) may seek to either block or unwind an acquisition if they conclude that it will create or has created a monopoly. True. False.

True

True or False? Title VII prohibits covered employers from requiring their employees to participate in religious activities. True. False.

True

True or False? To prevent arbitrary or bad faith terminations, state law may prohibit termination without "good cause" or require that certain procedures be followed in terminating a franchising relationship. True False

True

True or False? Under current antitrust jurisprudence, the government must show harm to consumers to win an antitrust lawsuit based on a firm's alleged monopolization of a domestic market. True. False.

True

True or False? Under the Fair Credit Reporting Act (FCRA), a third-party report that provides an employer with information on the criminal record (or lack thereof) of a job applicant is considered a "credit report" that will subject the credit reporting agency to liability under the FCRA if it contains false information that leads the employer to reject the candidate. True. False.

True

Ashley is an eighteen-year-old clerk in a store that sells bird seed. She earns minimum wage. Her boss, Trina, often expects her to stay and work as many as three hours longer than her scheduled shift. Trina never pays Ashley for these hours. Ashley is: - not entitled to be paid for any time she chooses to stay beyond her scheduled hours. - entitled to be paid minimum wage for the additional hours, and she cannot work more than forty hours in a week. - entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week. - entitled to be paid overtime for all the time she works beyond her scheduled hours.

entitled not only to be paid for the additional time, but also to be paid overtime if she works more than forty hours in a week.

True or False? The Americans with Disabilities Act (ADA) requires that employers accommodate the needs of employees with disabilities even if they are not otherwise qualified for the work. True. False.

false

True or False? The business judgment rule can apply to relieve an officer or director of liability for breaching their duty of loyalty to the corporation. True. False.

false

The seven members of Fast Commerce, LLC, want to start their company as quickly as possible. The members, in their haste, do not bother to draft an operating agreement. If a dispute arises among the members concerning division of the entity's profits: -in many states, the state LLC statutes will not apply because an operating agreement is required for an LLC to exist. -the federal uniform LLC statute will apply to the dispute. -in many states, the state LLC statutes will apply to the dispute. the LLC will dissolve.

in many states, the state LLC statutes will apply to the dispute. the LLC will dissolve.

An employee who accepts workers' compensation benefits for a workplace injury: - can raise a claim of contributory negligence. - is normally barred from suing the employer for negligence. - may also sue the employer for negligence. - none of the above.

is normally barred from suing the employer for negligence.

The "scienter" requirement of an insider trading claim is satisfied: whenever a defendant purchases or sells a security based on material, non-public information, regardless of his state of mind. whenever a defendant acts negligently or worse (e.g., deliberately) in using material, non-public information to his advantage when buying or selling a security. only when the defendant acts recklessly or worse when trading on the basis of material, non-public information.

only when the defendant acts recklessly or worse when trading on the basis of material, non-public information.

Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is: - harassment on the basis of sexual orientation. - not harassment, in the legal sense. - quid pro quo harassment. - hostile environment harassment.

quid pro quo harassment

Which of the following actions by a group of workers would constitute a lawful ground for their employer to fire them? - Posting flyers in public spaces complaining that the employer's labor practices are unfair and encouraging the public to support their campaign for better conditions. - Saying unkind or insulting things about members of management in a news story covering their campaign for improved working conditions. - Disparaging the employer's products or services publicly as a means of pressuring management to accede to the workers' demands. - None of the above, as these are all types of collective worker actions that are protected by the NLRA.

Disparaging the employer's products or services publicly as a means of pressuring management to accede to the workers' demands.

True or False? Advertisements that contain obvious exaggerations or vague claims about a product's merits or superiority, but which are devoid of any factual claims, usually will give rise to liability under the Federal Trade Commission Act, regardless of the type of product being offered for sale. True. False.

False

True or False? In the Juliana case, the lawyers for the federal government argued that the case should be dismissed because Congress lacks authority to regulate carbon emissions. True. False.

False

True or False? To be held liable for insider trading as a "tipper," a corporate insider must receive a direct financial benefit from their tip, such as receipt of cash or other property; less tangible benefits such as reputational benefits cannot satisfy the "personal benefit" requirement necessary to impose tipper liability. True.

False

True or False? When a group of workers that is petitioning their employer for better working conditions take their demands public (e.g., ask the public to help pressure the employer), they automatically lose their protections under the National Labor Relations Act (NLRA), meaning that the employer can lawfully fire them.

False

True or False? there are no state laws prohibiting deceptive advertising because the federal government has "preempted the field" and left states with no authority to enact their own laws relating to advertising. True. False.

False

In what order are proceeds from the sale of an LLC's assets distributed? -Return members' capital contributions, pay off debts to creditors, distribute remainder to members in equal shares. -Distribute remainder to members in equal shares, pay off debts to creditors, return members' capital contributions. -Pay off debts to creditors, return members' capital contributions, distribute remainder to members in equal shares.

Pay off debts to creditors, return members' capital contributions, distribute remainder to members in equal shares.

In a case involving alleged racial harassment by coworkers, what additional element must the plaintiff prove, beyond what a plaintiff must prove in a case alleging harassment by a supervisor? - That the company knew or should have know of the harassment and failed to take prompt and effective remedial action to end it. - That the racial slurs were unwelcome. - That the racial slurs were objectively offensive. - That the plaintiff actually was offended by the slurs (objective offense).

That the company knew or should have know of the harassment and failed to take prompt and effective remedial action to end it.

In his ruling of June 28, 2021, on Facebook's motion to dismiss the Federal Trade Commission (FTC)'s antitrust claim, Judge James E. Boasberg of the U.S. District Court of Columbia ruled: That because the FTC had waited so long to challenge Facebook's acquisition of Instagram, it's challenge to that acquisition was "time-barred" and had to be dismissed. That the government may sue "at any time" to unwind an acquisition, even if it was made many years earlier. That the FTC had alleged specific facts in its complaint which, if proved, would demonstrate that Facebook is a monopolist. None of the above.

That the government may sue "at any time" to unwind an acquisition, even if it was made many years earlier.

A plaintiff brings a claim for sexual harassment, alleging that her supervisor created a hostile work environment by frequently directing sexualized remarks at her throughout her employment. Which of the following is NOT an element she must prove to show a hostile environment? - That she was actually offended by the supervisor's remarks. - That a reasonable person in her circumstances would have been offended by the remarks. - That the supervisor's misconduct was sufficiently severe or pervasive to alert the conditions of her employment. - That the hostile environment resulted from the employer's negligent failure to prevent harassment.

That the hostile environment resulted from the employer's negligent failure to prevent harassment.

Which of the following corporate forms confers the benefit of "pass-through" or "flow-through" taxation? The C corporation. The S corporation. The close corporation. All of the above.

The S corporation.

In its antitrust complaint against Facebook, the FTC defines the relevant market as which of the following? The digital advertising market. The online news market. The market for Personal Social Networking Services (PSN Services). All of the above.

The market for Personal Social Networking Services (PSN Services).

Information is considered "material," for purposes of the insider trading laws, if which of the following is true? There is any possibility that a reasonable investor would consider it important in making an investment decision. There is a substantial likelihood that a reasonable investor would consider it important in making an investment decision. There is definitive evidence that an investor actually based their decision to purchase or sell shares on the non-public information at issue in the case. The information could only be obtained due to the information holder's "insider" status, rendering it automatically material.

There is a substantial likelihood that a reasonable investor would consider it important in making an investment decision.

Which of the following represents a "constructive discharge," as that term is used in employment law? When an employee quits because their employer makes their working conditions so objectively intolerable that a reasonable person in the employee's position would feel compelled to quit. When quitting employment is one reasonable response to a supervisor's objectionable behavior (with other possibilities including complaining to HR, confronting the supervisor directly, etc.) Both of the above.

When an employee quits because their employer makes their working conditions so objectively intolerable that a reasonable person in the employee's position would feel compelled to quit.

The case Juliana v. United States involved which of the following legal questions? Whether the "public trust" doctrine could be used to establish that the federal government's fossil fuel policies violated the plaintiffs' constitutional rights. Whether the Clean Air Act required the federal government to regulate carbon emissions. Whether the Commerce Clause required the federal government to regulate carbon emissions.

Whether the "public trust" doctrine could be used to establish that the federal government's fossil fuel policies violated the plaintiffs' constitutional rights.

Most franchise relationships are governed largely by which of the following areas of law? Securities law. Contract law. Property law

contract law

An LLC's members may want to reinvest the profits in the business, rather than distribute the profits to members. In that situation, the members prefer that the LLC be taxed as a: -partnership. -sole proprietorship. -joint venture. -corporation.

corporation

Lew, a black man, applies for a job with Mit-E Construction Company, but fails Mit-E's employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect against black applicants. If so, this is: - reverse discrimination. - disparate-impact discrimination. - disparate-treatment discrimination. - not discrimination.

disparat-impact discrimination

When a state has a minimum wage that is different than the federal minimum wage, employees are entitled to: - the federal wage. - the state wage. - the higher wage. - the lower wage.

the higher wage

The manager-managed LLC is a form of management in which: -the managers may be members, nonmembers, or a combination of both. -certain persons who must be members of the LLC are designated as managers of the entity. -members may not participate in management of the LLC. -a state-appointed receiver manages the firm.

the managers may be members, nonmembers, or a combination of both.

Mary, Thomas, and Franklin form an LLC for the purpose of running a restaurant. Each invests $10,000 into the LLC, and the restaurant gets off to a good start. Two months after the LLC is formed, Joanne patronizes the restaurant and suffers from severe food poisoning. Assume there are no facts to support "piercing the corporate veil." If Joanne sues the LLC: -the members could be liable for $10,000 each, the amount of their investment. -the members could be personally liable, but not for their investments in the LLC. -neither the members nor their investments will be liable in any capacity. -the members could be both personally liable and liable for their investments.

the members could be liable for $10,000 each, the amount of their investment.