BUL 3130
Which of the following statements would qualify for a defamation action (assuming the statement is false)?
"Jones pled guilty to a violation of campaign contribution laws."
The U.S. Justice Department has entered into a deferred prosecution agreement with several U.S. banks on charges of mortgage fraud. The agreements provide that if the banks stay out of legal difficulties for five years then the charges will be dropped. The banks agreed to have monitors in place during the five years and pay a fine. Which of the following best describes what has been done by these arrangements with the banks?
A nolo contendere plea has been entered.
Which of the following would be a violation of the Foreign Corrupt Practices Act?
A payment to a member of the International Olympic Committee in order to obtain his or her vote on an Olympic site.
An employee who is following orders cannot be held liable for any criminal charges that result from that conduct.
F
Depositions are generally taken in the courtroom.
F
Employees are not required to give consent to employer access to their e-mails under the Stored Communications Act.
F
Federal agencies do not have the authority to issue fines.
F
Incidental and consequential damages are the same types of damages.
F
Limitations on bidding are permitted in professional bids such as in architecture and service contracts.
F
Monitors are not permitted to have daily access to a corporation.
F
Once a court decision is issued, it cannot be reversed without legislative action.
F
Private parties can bring suit under the Federal Trade Commission Act.
F
Proof for a breach of the warranty of merchantability suit requires establishment of the fact that the product was in a defective and unreasonably dangerous condition.
F
The FDCPA is not applicable to the collection of judgments.
F
The Fair Credit Reporting Act regulates creditors.
F
The Fair Debt Collections Practices Act applies to both commercial and consumer debt.
F
The Federal Arbitration Act (FAA) permits mandatory arbitration in consumer contracts but has yet to be tested in litigation.
F
The Fourth Amendment privacy protections do not apply to business records.
F
The Sherman Act does not apply unless sales across state lines are involved.
F
There are no limitations on what constitutes an effect on interstate commerce for purposes of constitutionality of a federal statute.
F
Under CARD, credit terms must last for at least two years.
F
Workers' compensation systems are administered by the federal government.
F
Workers' compensation systems cover independent contractors.
F
Which federal law regulates minimum wage?
FLSA
A contract for rebinding 500 books at a cost of $1.50/book is governed by the UCC.
False
Which justice was seen on camera disagreeing with President Obama during his State of the Union address in 2009?
Justice Alito
Point-and-click is a valid means of forming a contract if the parties had adequate knowledge of the terms and conditions of the agreement in advance.
True
Regulation Z provides the details of compliance with the Fair Credit Billing Act.
True
Which firms are covered under FLSA? hotels retail businesses restaurants All of the above are covered.
all
VW discovered that its engineers had developed a software program that allowed some of its car models to run without emissions controls except when the cars were undergoing emissions testing. The company goal was to reduce emissions and maintain fuel efficiency. The falsification of emissions data is a federal crime. Which of the following ethical resolution models would have helped VW employees analyze their conduct better as they were developing this software?
Blanchard/Peale model
Cindy Bonfield posted the following on her Facebook, "My friend Eliza just stole an Apple phone from Walmart. Can you believe it?" Eliza was working at the time and did not steal the phone. Which of the following statements is true?
Cindy has defamed Eliza.
Which motion is made after the jury has returned a verdict?
judgment NOV
Which of the following statutes applies to intercepting another's computer communications?
none of the above
Jane Bristol is in litigation against her former employer for harassment. Jane believes that e-mails her supervisor sent to others will establish his pattern of harassment. Which discovery process would be the means for obtaining the e-mails?
request for production
In the Yates v. U.S. case, what was the purpose of the court's decision? to decide whether an injunction was an appropriate remedy to determine the civil liability of fishers to interpret a statute both b and c
to interpret a statute
What is the maximum fine for a willful or repeat OSHA violation? $70,000 up to 10% above $126,000 up to $12,000 per violation up to $12,600 per day
up to 10% above $126,000
An inherence school company would become involved in a residential property tax for schools only if:
the issue would affect the company's performance.
Ex parte contacts are:
unilateral contacts with an ALJ.
When is a motion for a judgment NOV granted?
when the weight of the evidence is contrary to the jury's verdict
The Army Corps of Engineers has proposed the construction of a dam that will be of substantial benefit in Tennessee in terms of economic development. The dam will also destroy the natural habitat of an endangered species: the snail darter. The project:
will require an EIS since the Army is involved.
Ace Hauling, Inc., has been transporting industrial tailings for companies around the Minneapolis/St. Paul area for the past decade. The site at which the tailings were dumped has been designated at a CERCLA Superfund site. Ace Hauling's board of directors voted to sell Ace to a new corporation created by legal counsel for Ace. All of Ace's assets, liabilities and contracts will be transferred to the new corporation whose owners are unaware of Ace's history. By creating the new corporation and transferring the assets:
Ace has done nothing to change its CERCLA liability.
The U.S. Lacey Act prohibits U.S. businesses from importing products from other countries when those products are illegal in that country. For example, when it was originally passed, U.S. hat manufacturers were importing feathers from countries where the harvesting of those resources was illegal. Based on an investigation, the U.S. federal government believed that Gibson Guitar has imported ebony wood from Madagascar, and the harvesting of ebony wood is prohibited in Madagascar. The U.S. Fish & Wildlife Service arrived at Gibson Guitar headquarters and requested access to all of its records.
All of the above
Which of these can be a valid contract agreement under ESIGN?
All of the above
Which of the following is not a consequence of poor ethical choices by a company?
All of the above are consequences of poor ethical choices.
Which of the following acts controls point sources?
Clean Water Act
Which of the following is not an intentional tort? battery false imprisonment invasion of privacy negligence
I GOT THIS ONE WRONG! I picked invasion of privacy. I think it might be negligence. IDK
Glenda purchased new light shades for her chandelier from Shades Plus. The Internet description of the shades she purchased was, "These shades fit almost all fixtures." When the shades arrived, they could not be placed on the chandelier because they were too narrow. Shades Plus has refused to take the shades back on a return from Glenda.
Shades must take back the shades for breach of an express warranty.
Which of the following statutes was the first federal antitrust statute?
Sherman Act
A vertical merger that prevents market entry is illegal.
T
An administrative agency is neither a legislative nor a judicial body.
T
An agency that fails to investigate the issues before proposing a rule has acted arbitrarily and capriciously.
T
Beyoncé is an example of a public figure for purposes of proving malice.
T
Child labor protections are part of FLSA.
T
Courts create and apply the common law.
T
Evaluate the following facts and then answer the next two questions. Day 1 S sends a letter to B with the following: "I will sell you my Play Station 3 for $150." Day 2 B receives the letter and responds, "I will take the Play Station for $150, but include 3 games." S has made a valid offer to B.
T
Interrogatories are given under oath.
T
Junk science can be excluded from evidence at trial.
T
Jurisprudence is legal philosophy.
T
Law enforcement agencies are exempt from the Federal Privacy Act.
T
Nuisance is a common law anti-pollution doctrine.
T
Pressure contributes to the use of the either/or test for resolving ethical dilemmas.
T
So called "soft money" donations are protected under the First Amendment.
T
Speeding is a breach of duty for negligence purposes.
T
The Export Trading Company Act allows for international joint ventures that would otherwise be anticompetitive.
T
The Federal Partnership Action Agenda provides funding for brownfield projects.
T
The Overseas Private Investment Corporation is an insurer against expropriation.
T
The failure to follow industry code is a breach of duty.
T
There was some resistance to granting China MFN status.
T
To be constitutional, federal statutes regulating commerce within a state must involve some economic activity.
T
Treaties are a source of international law.
T
Union/management laws demonstrate the role of law as a compromiser.
T
Warren Buffett follows the Front-Page-of-the-Newspaper test as a guide for his businesses.
T
Buyer on fax: "Will take house for $587,500 if front lawn is fixed."Seller on fax in response: "Price is $589,000 and no front lawn."Buyer on fax in response: "$588,000 plus the front lawn."Seller on fax in response: $589,000 plus the front lawn."
There is no contract.
Jane: "I'll pay you $50 if you will clean my windows."Al: "I'll do it for $75."Jane: "$65 and it's a deal."Al: "No way."Jane: "Too late. We have a contract."Which of the following statements is true?
There is no contract.
In June 1985, Joseph Marcantuone and Robert Gieson purchased property located in East Orange, New Jersey. At the time of purchase, the property was partly occupied and leased to Carriage Trade Cleaners, a dry cleaning establishment. A number of dry cleaners continuously operated on this site since 1930. Marcantuone and Gieson owned and operated a grocery store on another section of the property. They have never personally owned or operated a dry cleaning establishment on the property. JRM, LLC, and Sang Hak Shin were tenants on the property and the last operators of the dry cleaning establishment that utilized the hazardous substance tetrachloroethylene, or perchloroethylene (PCE), during the time Marcantuone and Gieson owned the property. The city of East Orange acquired the property through condemnation for the purpose of building a school on the property. But, the PCE was discovered on the property and out of the $629,407 given to Marcantuone and Gieson as compensation for the taking, the city held back $182,035.20 for the cost of the PCE clean-up. It cost the city a total of $212,000 to complete the clean-up of the property. How would the city have discovered the PCE on the property prior to its valuation for condemnation? Through inspection of the property and the presence of a dry-cleaning establishment. Through land records tracing ownership of the dry-cleaning establishment. Through soil tests. all of the above
all of the above
Sanctions that can be imposed by agencies include:
all of the above
Which of the following is not an impact of long-term corruption in a country? failure to construct infrastructure high crime rates lack of economic development all of the above
all of the above
H.G. Ilk owned a 1965 Ford Mustang. He had replaced the front seats, the engine and the transmission. In an accident in which he was rear-ended, the front driver's seat collapsed, leaving Ilk with permanent injuries. It was discovered that the seat, manufactured by the Fisher Company, was defective in that the frame was partially missing due to a production error. Who is liable for Ilk's injuries? Ford Motor Company Fisher Company the other driver both a and b both b and c
b and c
The sellers of "Acne-Statin," a skin cream, claim in their ads that their cream "cures acne." The American Association of Dermatologists has determined that there is no cure for acne, only creams that can curb breakouts. The ad claims:
breach an express warranty.
A seller recovering the difference between his resale price and the buyer's original contract price is an example of:
compensatory damages.
What is usually the basis of RICO civil suits?
criminal fraud or wire fraud
Duress requires proof of:
deprivation of a meaningful choice.
Enabling acts:
establish administrative agencies and their authority.
The FCPA does not make which of the following acts criminal?
giving a payment for facilitation
The statement, "What's good for GM is good for the country," is an example of the thoughts of a manager from the:
inherence school.
Snow-Man manufactures a cotton candy machine. It will not sell its machine unless the buyer purchases at least five-dozen paper cones for holding the cotton candy. Snow-Man's requirement:
is a tying arrangement.
A court of chancery: is another name for a court that provides equitable remedies. is another name for a court that provides legal remedies. never existed in the United States. handles decisions regarding lottery disputes at the state level.
is another name for a court that provides equitable remedies.
Stewart Parnell, the former CEO of the now-bankrupt Peanut Corporation of America, was charged with falsifying food safety reports required by the FDA. The reports certified that his peanut base product was salmonella free. In some cases, the tests were not yet complete when the certification was done and in other cases the tests indicated the presence of salmonella. Who else would be criminally responsible for the shipment of contaminated product?
managers who shipped the product knowing it was contaminated
An NGO: is non-governmental opposition. is not covered by the FCPA. is exempt from trade and tariff regulations. was eliminated with the passage of NAFTA. none of the above
none of the above
Arrion McClellan was using an underarm-aerosol deodorant one morning while smoking a cigarette. The deodorant had this warning in large letters on the side of the can: "DO NOT USE AROUND HEAT, FLAME OR WHILE SMOKING." The deodorant ignited McClellan's cigarette in her hand and the flames quickly spread to her silk robe. McClellan was severely burned and will have permanent scarring. Who is liable for her injuries?
none of the above
Joseph Schlitz was given a prescription by his physician for treatment of a skin condition. After taking the prescription for three days, Joseph developed a severe allergic reaction that caused paralysis in his legs. The pharmaceutical manufacturer was aware of several reactions by patients and had notified the FDA, but the FDA had not yet approved additional warnings that would be placed on the drug. What are Joseph's rights in this situation?
none of the above
A U.S. luxury liner was attacked by an Iraqi ship in the Persian Gulf. Many passengers were injured and the ship was damaged. The owner of the ship brought suit in federal district court against the government of Iraq. The suit will:
not be heard under the doctrine of sovereign immunity.
In administrative proceedings, procedural due process requires:
notice of hearing.
The implied warranty of fitness for a particular purpose (unless disclaimed) is given in every sale of goods by a merchant.
proof that the seller is a merchant.
The implied warranty of merchantability requires:
proof that the seller is a merchant.
Exhaust, Inc. has the exclusive contract with the state of California for building, maintaining, and operating the state's vehicle emission testing centers. Auto Emissions, Inc. has announced it will submit a bid on the upcoming renewal. Exhaust, Inc. has begun lobbying state legislators to pass a bill allowing only in-state firms to be awarded the exclusive emissions contract. Exhaust is a California corporation and Auto Emissions is a New York corporation. Exhaust's conduct is:
protected under the Noerr-Pennington doctrine.
Contract interference:
requires proof of intent to interfere.
Choose the answer with the proper order for administrative rulemaking.
study of the problem, notice of rulemaking, public comment period, promulgation
Which of the following is not part of the amendments to the U.S. Constitution?
supremacy clause
Industrial groups are: the basis for EPA effluent guidelines. irrelevant in pollution standards. relevant at state levels only. none of the above
the basis for EPA effluent guidelines.