Law 231 Midterm Study Guide

Sam, driving under the influence, causes a car accident that results in the death of Tanya. Sam is arrested and charged with a crime punishable by imprisonment for more than a year. This crime is

A Felony

Components Inc., a maker of vehicle parts, refuses to sell to DIY Repair Inc., a national vehicle service firm. The maker convinces Engine Parts Company, a competitor, to do the same. This is

A Group Boycott

Dig Inc. is the major wholesale distributor of heavy equipment in six states. Dig's closest competitor is Excavator Company. The two firms agree that Dig will operate in four of the states and Excavator in the other two. This is

A Market Division

the Sixth Amendment.

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Ordering a party to perform what was promised is

A equitable remedy

Maris files a suit against Ngu in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to the state's highest court. After that court's review of Maris v. Ngu, a party can appeal the decision to the United States Supreme Court if

A federal question is invloved

Andy causes a disturbance at Brew Pub. He is arrested and charged with disorderly conduct, a crime punishable by imprisonment up to one year. This crime is

A misdemeanor

The United States taxes most goods imported from China at a flat rate. This is

A tariff

Among other things, ifted restrictions on preventative services and preexisting conditions, and imposed cost controls with regard to prescription drugs and health insurance.

Affordable Care Act (ACA)

Imposed regulations for caloric content of restaurant foods; also expanded health care coverage for children and seniors.

Affordable Care Act (ACA)

When tacked on to crimes such as robbery or burglary, the added element of committing the crime with a deadly weapon is said to be:

Aggravated

Sources of law that courts must follow in deciding a case are called binding authority. Binding authority does not include:

An article from a reputable newspaper such as the Wall Street Journal.

Corporate Financial Inc., and its officers, directors, employees, and shareholders, buy and sell securities on behalf of themselves and their clients. SEC Rule 10b-5 applies to the purchase or sale of

Any Security

Pick the correct ordering of the typical major procedural steps in a criminal case.

Arrest > Booking > Initial Appearance > Preliminary Hearing (or Grand Jury) > Information or Indictment > Arraignment > Trial

Hearth & Home Furniture store advertises bedroom suites at a "Special Low Price of $599." When Ilene tries to buy one of the suites, Jill, the salesperson, tells her that they are all sold and no more are obtainable. Jill adds that Hearth & Home has other bedroom suites available for as low as $2,599. This is

Bait-and-Switch Advertising

The Racketeer Influenced and Corrupt Organizations Act is an effective tool in attacking

Certain White Collar Crimes

Designed to control air pollution; one of the most influential and comprehensive modern environmental laws.

Clean Air Act

Protects of fish and wildlife, and elimination of discharged pollutants into waterways among other things.

Clean Water Act

Which of the following is considered to be the earliest forerunner to modern day law?

Code of Hammurabi

Designed to ensure the clean-up of hazardous waste sites and to assign liability for the costs of the cleanup.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Created a commission with broad regulatory authority over the safety of consumer products; also provides authority to pursue recalls and to ban products under certain circumstances.

Consumer Product Safety Act

Honi puts up a collection of sports memorabilia for bids on InstaBuy, an auction website. Jay makes the highest bid and sends the payment, which Honi receives, but she does not send the collection. This is

Cyber Fraud

Protect living organisms that are threatened with extinction

Endangered Species Act

Requires automakers to attach to every new car an information label that includes the Environmental Protection Agency's fuel economy estimate for the vehicle.

Energy Policy and Conservation Act

Makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of certain protected classes.

Equal Credit Opportunity Act (ECOA)

Requires sellers who solicit buyers to order merchandise through the mail, via the Internet, or by phone to have a reasonable basis to expect that the sellers can ship within the advertised time frame, or, if no time frame is specified, within 30 days.

FTC Mail or Telephone Order Merchandise Rule

Promotes the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies; intended to protect consumers from the willful and/or negligent inclusion of inaccurate information in their credit reports.

Fair Credit Reporting Act (FCRA)

Prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Fair Debt Collection Practices Act (FDCPA)

Requires products identify certain details about the product.

Fair Packing and Labeling Act

Reduces the risk of identity theft by regulating how consumer account information is handled.

Fair and Accurate Credit Transactions Act (FACT)

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

False

Because a corporation is a legal entity and not a human being, there can never be corporate criminal liability.

False

Misdemeanors are lesser crimes punishable by a fine or imprisonment for up to five years.

False

One cannot be guilty of arson for burning their own home or property.

False

The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm.

False

Establishes food standards, specifies safe levels of potentially hazardous food additives, and provides classifications of foods and food advertising.

Federal Food, Drug, and Cosmetic Act (FDCA)

Requires anyone planning to use chemicals first determine their effect on human health and environment.

Federal Insecticide, Fungicide, Rodenticide Act (FIFRA)

The first major U.S. law to address water pollution.

Federal Water Pollution Act

Regulates the way foods are grown, harvested and processed; also provides authority to directly recall any food products that it suspects are tainted, rather than relying on the producers to recall items.

Food Safety Modernization Act (FSMA)

Equity Corporation, and its officers, directors, employees, and shareholders, buy and sell securities. Section 10(b) of the Securities Exchange Act of 1934 applies to the trading of securities

In almost any circumstances

When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an:

Indictment.

A body of law—formed as a result of international customs, treaties, and organizations—that governs relations among or between nations is

International Law

Which one of the following is false regarding the Sarbanes-Oxley (SOX) Act of 2002?

It provides for the regulation and registration of securities exchanges, brokers, dealers, and national securities associations.

Prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising.

Lanham Act

If an owner leaves a lawn mower in the front yard and someone else walks by and takes that lawn mower, the taker probably has committed the crime of:

Larceny

Luan, a programmer for Monetized Nation Inc., a business modeling service, learns of undisclosed company plans to distribute a new app. Luan reveals the company plans to a friend, Ono, who buys 5,000 shares of the firm's stock. Under the Securities Exchange Act of 1934, Ono is most likely

Liable for insider trading

Lunchies Corporation, a U.S. firm, signs a contract with Manger au Brasserie, S.A., a French firm, to give Manger the right to use the Lunchies trademark in restaurants in France. This is

Licensing

Regulate intentional disposal of materials into certain waters and authorizes any related research.

Marine Protection, Research, & Sanctuaries Act (Ocean Dumping Act)

A Latin term used in law, a wrongful mental state is known as:

Mens Rea

Generally limits environmental harm from federal government activities.

National Environmental Policy Act

Which of the following is usually not an acceptable defense to criminal liability?

Necessity, Duress, Insanity, Justifiable Use of Force

Requires nutrition labeling of most foods regulated; requires that all nutrient content claims (i.e., 'high fiber', 'low fat', etc.) and health claims be consistent with regulations

Nutrition Labeling and Education Act

Streamlined and strengthened the EPA's ability to prevent and respond to certain catastrophes.

Oil Pullution Act

Independent regulatory agencies such as the Federal Communications Commission are

Outside the federal executive departments.

Posing as eBank, Frank e-mails Grace, asking her to update her credit-card information through a link in the e-mail. She clicks on the link and types in the data, which Frank promptly sells to Hector. This is

Phishing

Ted is very tech saavy and knows a lot about computers. He is able to break into company networks and individual e-mails to steal information and create havoc and damage to such. Based on this information alone, what crime is Ted probably not guilty of here?

Phishing

Certain types of unsolicited merchandise may be retained, used, discarded, or disposed of in any manner.

Postal Reorganization Act

Cosmétique Inc. makes and sells cosmetics and related products. By selling its goods at prices substantially below the normal cost of production, the firm hopes to drive its competitors from the market. This is

Predatory Pricing

To drive its competitors out of a certain geographic segment of its market, Drones Inc. sets the prices of its products below cost for the buyers in that area. This is

Price Discrimination

Evita, a police officer, wants to search the offices of Debit & Credit, Accountants. She asks Judge Bern to issue a warrant. No warrant for a search can be issued without

Probable Cause

Nery, a police officer, wants to search the offices of Operational Business Corporation. She asks Judge Pearl to issue a warrant. Under the Fourth Amendment, no warrant for a search can be issued without:

Probable cause

The primary objective of the Foreign Corrupt Practice Act (FPCA) of 1997 is to:

Prohibits U.S. businesses from making payments to (bribing) officials in other countries to secure beneficial contracts.

Rosa, who operates a Street Tacos restaurant in her apartment, is charged with criminal violations of the local health and building codes, state license regulations, and federal environmental statutes. To obtain a conviction, the prosecution must

Prove beyond a reasonable doubt that Rosa committed every essential element of an offense.

Unit 1

Questions & Answers

Authorizes regulations for monitoring, transporting, storage, treatment, and disposal of hazardous substances.

Resource, Conservation, and Recovery Act

Trade barriers are

Restrictions on Imports

Considered a forerunner of today's modern environmental laws, it prohibited the construction of any bridge, dam, dike or causeway over or in navigable waterways of the U.S. without Congressional approval.

Rivers and Harbors Appropriations Act

Which of the following would be considered a violent crime?

Robbery

Protects water supplies, sets standards for water quality, and implements certain technical/financial programs.

Safe Drinking Water Act

Allows developers who comply with state voluntary clean-up programs to avoid federal liability for the properties that they decontaminate and develop.

Small Business Liability Relief and Brownfields Revitalization Act

Requires telemarketers to make specific disclosures of material information; prohibits misrepresentations; sets limits on the times telemarketers may call consumers; prohibits calls to a consumer who has asked not to be called again; and sets payment restrictions for the sale of certain goods and services.

Telemarketing Sales Rule (TSR)

Requires solicitors to identify themselves and not misrepresent facts.

Telemarketing and Consumer Fraud and Abuse Act

Restricts telephone solicitations (i.e., telemarketing) and the use of automated telephone equipment; also limits the use of automatic dialing systems, artificial or prerecorded voice messages, SMS text messages, and fax machines.

Telephone Consumer Protection Act

Sugar Company, a U.S. firm, owns property in Trinidad and Tobago. When the foreign government seizes the property, the company asks a U.S. court to order the property's return. The court rules that the Trinidad and Tobago is exempt from the court's jurisdiction. This is an application of

The Doctrine of Sovereign Immunity

Retail Operations, Inc., a U.S. firm, obtains a judgment in a U.S. court against Shinobu, Ltd., a Japanese business. Whether the court's judgment will be enforced by a court in Japan depends on the Japanese court's application of

The Principle of Comity

Zoey is accused of auto theft. She refuses to give information related to her alleged criminal activities because she suspects it will be used to prosecute her. This is

The Privilege Against Self Incrimination

Teri borrows $10,000 from USA Bank to remodel a room in her home. This transaction is subject to

The Truth-in-Lending Act

Which of the following are considered primary sources of American law?

The U.S. Constitution and state constitutions.

Which of the following grants normal trade relations (NTR) status to other member countries and facilitates regional trade agreements and associations help to minimize trade barriers between nations?

The World Trade Organization

Regulates chemicals and chemical compounds that are known to be toxic, such as asbestos and polychlorinated biphenyls (PCB's).

Toxic Substances Control Act

A physical attack can be a tort or a crime or both.

True

Corporations are normally liable for the crimes committed by their agents and employees within the course and scope of their employment.

True

Felonies are crimes like arson, murder, rape, or robbery that carry the most severe sanctions.

True

Regulation Z was issued by the Federal Reserve Board of Governors to implement the disclosure requirements of the Truth-in-Lending Act.

True

The Federal Food, Drug, and Cosmetic Act protects consumers against contaminated and misbranded food and drugs.

True

Requires sellers and lenders to disclose credit terms or loan terms so that individuals can shop around for the best financing arrangements.

Truth-in-Lending Act (TILA)

Activities considered contrary to public values and morals such as public drunkenness and prostitution are classified as:

Victimless Crimes

Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies computer systems without the companies knowledge. The program can reproduce itself but must be attached to a host file to travel from one computer network to another. This program is a

Virus

A dispute between two cheese makers—Cheddar Creamery Company and Deli Dairy Inc.—falls under a state statute on unfair trade practices. The application of this law to these parties must be determined by

a judge

Ginny and Haruto present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Ginny and Haruto's dispute is

an appellate court.

The Miranda v. Arizona case requires that anyone arrested on suspicion of criminal activity must:

be informed of certain constitutional rights

Bev is the chief executive officer of Chef Cafés Inc., which is required to file certain financial reports with the Securities and Exchange Commission (SEC). Under the Sarbanes-Oxley Act of 2002, Bev must

certify that the reports are complete and accurate.

Olinda, an employee of People's Bank, deposits into her account checks entrusted to the bank through its ATM system by customers to deposit into their accounts. This is

embezzlement.

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial

if the evidence is "fruit of the poisonous tree."

Lu's application to Metro Bank for a credit card is denied. Lu can obtain information on his credit history in a credit agency's files under

the Fair Credit Reporting Act.

The credit department of Mega-Mart often calls Nora at work about an overdue bill over the objection of Nora's employer. This is a violation of

the Fair Debt Collection Practices Act.

Venezuela seizes the assets of World Oil Inc., a U.S. firm. World Oil's recovery from Venezuela in a U.S. court may be prevented by

the act of state doctrine.

Orbital Flights Inc. is required to register its securities under Section 12 of the Securities Exchange Act of 1934. This means that, with respect to Orbital, Section 16(b) of the act covers

the short-swing activities of Orbital's insiders.

Grain Mills Corporation is required to register its securities under Section 12 of the Securities Exchange Act of 1934. Section 14(a) of the act regulates

the solicitation of proxies from the firm's shareholders.

When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider

whether the agreement is a per se violation