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Enacted by Congress in 1946, the ____ defines the procedural rules and formalities for federal agencies.
Administrative Procedures Act
Agreement of the parties, ratification of the agent's activities by the principal, application of the doctrine of estoppel and operation of law are all:
Agreement of the parties, ratification of the agent's activities by the principal, application of the doctrine of estoppel and operation of law are all:
In 1884 ____ was the first country to adopt workers' compensation.
Germany
Congress created the first regulatory agency in 1887. It was called the:
Interstate Commerce Commission
Exclusive dealing is when:
a company is forbidden from dealing with other possible buyers or sellers
A franchise is sold by:
a franchisor
A share of stock represents the right to:
a share of future profits of a firm
A mortgage usually contains:
a statement of the mortgagor's duties concerning taxes, insurance, and repairs a statement of the debt a description of the property any warranties relative to the property
Coca-Cola's limitation on where a bottler is permitted to sell and deliver the product is an example of:
a territorial restriction
A random drug test for would be most likely to be justified by an employer for:
a truck driver
Choosing to promote a younger worker rather than an older worker, because the older worker may be retiring in several years is an example of:
age discrimination
A general partnership is:
an association of two or more persons to carry on a business as co-owners for a profit
A yellow-dog contract is one in which:
an employee agrees not to join a union
For a work force to unionize which of the following will normally happen?
authorization cards asking for an election will be issued authorization cards asking for an election will be issued a union agent will contact employees to determine the level of interest in unionization a committee of interested employees will be formed an employee, or group of employees, will contact a union for assistance
Certification of a union by the NLRB means the union will:
be the exclusive bargaining agent for all employees
Many employers monitor the e-mail their employees send and receive at work. The courts have held that this practice is legal:
because e-mails are being transmitted on company time and property.
A securities professional who engages in the business of buying and selling securities for the accounts of others is a(n):
broker
A secured creditor is one who:
can take a debtor's property to try to satisfy the debt
A unionized company:
cannot impose a drug-testing program unless approved by the union in collective bargaining
A form of check in which the bank is both the drawer and the drawee is called a:
cashier's check
Death, total disability, permanent partial disability, temporary partial disability, and medical expenses are all:
categories of benefits of workers' compensation
An adjudicatory hearing at a regulatory agency will be presided over by an Administrative Law Judge or ALJ. An ALJ is a:
civil service employee of the agency
A corporation in which the shares are held by one shareholder or a small group of shareholders and the stock is not actively traded is a:
closed corporation
In a pollution case involving a public nuisance, the right held in common by the public that has likely been violated is the:
community's right to a reasonably clean and safe environment
A(n) ____is liable to a third party for a contract made by an agent who had actual authority to act on behalf of the principal.
disclosed principal
Hazardous wastes are placed into water or land at:
disposal facilities
An affirmative action program is an effort by:
employers to remedy discriminatory employment practices that produced imbalanced workforces
It is illegal to pay men and women employees different wages when their jobs require which of the following:
equal skill equal effort equal responsibility the same working conditions
An enabling statute is a(n):
federal law passed by Congress granting powers to an agency
In Babbitt v. Sweet Home, involving logging of areas where the spotted owl nested, the Supreme Court held that the:
habitat protection is a key part of the specie protection
Historically, the common law permitted employers to:
hire and fire which ever workers they wished
After a breach of contract by a buyer, expenses associated with stopping delivery, transporting and taking care of the goods after the breach, returning or reselling the goods are all examples of:
incidental damages
A securities registration statement consists of:
information about risks involved in a business venture and a prospectus
Discrimination on the basis of sexual preference or sexual identity:
is not prohibited by Title VII of the Civil Rights Act
A limited liability company:
is taxed like a partnership and has the liability of a corporation
An item is movable if:
it can be carried from one location to another
Besides regular private employers, Title VII applies to which of the following?
labor unions and employment agencies and government agencies
An art gallery sells fake "authorized" Vincent Van Gogh prints to clients for $50,000 each, telling buyers their purchases are good investments. If the FTC sues, the gallery will:
lose because its actions meet the FTC test for deception
Individual states and cities:
may have civil rights acts that protect additional classes of employees not covered by Title VII
A ____ is an instrument, machine, implant, or other article used in the diagnosis or treatment of a disease in humans or animals.
medical device
A(n) ____ involves two or more firms coming together to form a new firm.
merger
An employer may legally provide differential treatment to its employees based on:
merit, seniority or business necessity
A(n) ____ is one in which employees agree not to leave and go into competition against the employer or go to work for a competitor for a certain time.
noncompete agreement
A(n) ____ is when a buyer agrees to take all of the output of a certain seller.
output contract
Charging different prices in different markets for the same goods is called:
price discrimination
In a pollution case, a ____ generally involves a polluter who is injuring one person or a small group of people.
private nuisance
According to FDA standards, food that is labeled as "fresh" must NOT have been:
processed frozen preserved
A(n) ____ is a document providing the legal offering of the sale of a security.
prospectus
Securities sold in private placements:
require the SEC to be notified and the investors to be given a private-placement memorandum
Employers may be liable for torts of employees that can be attributed to negligent hiring or supervision under the rule of law known as:
respondent superior
A franchise agreement may not include:
restrictions on territorial rights a manual that controls the details of business operations a fixed payment up front (all payments must be royalties based on sales) controls on the use of the trade name or trademarks involved
According the UCC's statute of frauds all:
sales of goods worth more than $500 must be in writing
A financial institution that receives a promissory note has the right to:
sell the note to another party
Garnishing the wages of a debtor refers to the practice of:
setting aside a portion of a debtor's wages to pay a creditor
Citizens who sought relief from pollution through the common law relied on which law:
strict liability for abnormally dangerous activities trepass nuisance negligence
Administrative laws with the same force of law as statutes enacted by Congress are:
substantive rules
Jim Crow laws were federal and state laws that:
supported, and even required, racial segregation and labor market discrimination
A woman applies for credit from a department store. Which of the following information is legal for the department store to consider in deciding if it should give credit?
that she receives Food Stamps that she is Hispanic that she is pregnant That her former husband ran up a large unpaid bills
Citizen suits against polluters are blocked if:
the EPA takes charge of the situation
For the Family and Medical Leave Act to apply to a governmental unit, the unit must have at least ____ employees.
the Family and Medical Leave Act applies to all governmental units
In an effort to control the depletion of the ozone layer, which of the following treaties was signed in 1987?
the Montreal Protocol
An unfair labor case is filed with the National Labor Relations Board and goes before an administrative law judge for resolution. If one of the parties is unhappy with the decision of the judge, they may appeal to:
the National Labor Relations Board
Actual authority give the agent:
the power and right to change the principal's legal status
During the 1960s the public became more concerned about the environment. The concern at that time, was sparked, in part, by:
the publication by Rachel Carson of "Silent Spring"
A guarantor is generally the same as:
the surety
In a case at common law for trespass, which is necessary?
there must be a direct breach of the boundaries of another person's land
An employer could be held liable for negligence in hiring if:
they hire a person who could be expected to possibly cause problems
If a state designates a body of water for recreation:
treated water dumped into the lake must be clean enough not to contaminate swimmers or fish
An agreement among businesses at the same level of industry to fix prices is:
usually illegal per se under the antitrust laws
A(n) ____ is a statement or representation made by a seller that goods conform to certain standards of quality, safety, performance, and title.
warranty
