Business Law Exam 4

Minka uses her computer to secretly install software on hundreds of personal computers without their knowledge. Refer to Fact Pattern 9-1A. Minka's secretly installed software allows her to forward transmissions from her unauthorized network to even more systems. This network is:

A botnet

Excel Goods, Inc., and Finest Products Corporation use the mark "Good Housekeeping Seal of Approval" to certify the quality of their products. Excel and Finest are not in business together and do not own this mark. This mark is

A certification Mark

Greta is the only female employee in the maintenance department of Hydro Hydraulics Inc. Greta's supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is

A constructive discharge on the basis of gender discrimination

Trevor's business in the Spicy Chocolatier Cafe chain. "The Spicy Chocolatier Cafe" is:

A trade name

Harvey puts up a guitar for bids on eWay, a Web auction site. Faith makes the highest bid and sends the payment, which Harvey receives, but he does not send the guitar to her. This is online

Auction fraud

Frosty's Appliance Store advertises freezers at a "Special Low Price of $299." When Garth tried to buy one of the freezers. Huey, the salesperson, tells him they are all sold and no more are obtainable. Huey adds that Frosty's has others freezers for $2,299. This is:

Bait-and-switch advertising

Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC's building, Beth finds it nearly impossible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. Refer to fact Pattern 35-2A. To successfully defend against Beth's claim, COC will have to show that

COC cannot make changes to the doors without undue hardship

Kim uses, on her new recording, Let's Go, the guitar solo from Malcolm's digital sound recording without permission. This is

Copyright infringement

Diamond Financial Planners employs Elle, Diamond's most productive performer. Elle, however, dissatisfied with the commission structure, quits to work for Feldspar Investments, Inc. Elle takes her list of Diamond clients to induce them to switch to Feldspar. Laws related to trade secrets cover

Diamond's list of clients

A generic term is NOT protected under trademark law unless it acquires a secondary meaning

False

A law that discriminates based on gender must substantially relate to an important government objective to be valid

False

A law that regulates economic matters violates the equal protection clause

False

Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990

False

Rulemaking--- the formulation of new administrative regulations--- is a major function of Congress, not administrative agencies

False

There are NO limits to the information that an administrative agency can demand from an individual or organization

False

There is no general duty on employers to keep workplaces safe

False

Vague generalities and obvious exaggerations constitute deceptive advertising

False

Through unfair trade practices, Super Sales Company includes Trey and other consumers to enter into one-sided deals. This may be subject to sanctions under

Federal and State Law

Ewa is a current employee of Financial Accounting, Inc. Gomer, a former financial employee who is currently unemployed, collects unemployment compensation. This is provided by a tax on

Financial only

Tami's Tasty Taco's, a mobile vendor, files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

Interstate Commerce

Minka uses her computer to secretly install software on hundreds of personal computers without their owner's knowledge. Refer to Fact Pattern 9-1A. Minka's software is harmful to the computers on which she installed it. This program is:

Malware

Enterprising Markets Coalition (EMC), a political lobbying group, wants a certain policy enacted into law. If EMC's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by who: Congress A federal court a state legislature

None of the choices

Southwestern Foods Corporation operates a packaging plant near the border between the U.S. and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. It is legal for a U.S. employer to: Hire persons not authorized to work in the U.S. Recruit persons not authorized to work in the U.S. Refer for a fee persons not authorized to work in the U.S.

None of the choices

Independent regulatory agencies such as the Federal Trade Commission are

Outside the major departments of the government's executive branch

Mike, an advocate of a certain religion, publishes an article in New Times magazine insisting that Congress base all federal law on his religion's principles. The First Amendment guarantees Mike's freedom of

Press, Speech, and Religion

Rock pushed Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute

Robbery

Sincere Forms, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Desired Objects, Inc. Sincere's unauthorized use of the mark constitutes trademark dilution provided

Sincere's use lessens the value of Desired's mark

Bodie's Application to City Bank for a credit card was denied. Bodie can obtain information on her credit history in a credit agency's files under

The Fair Credit Reporting Act

To notify the public of a proposed rule, The Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

The Federal Register

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

The Government-in-the-Sunshine Act

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

The facts and law

Ulrich, a citizen of Virginia, wants to enforce in the state of Washington certain rights that he has under a contract with Xtreme SnoBoards Inc. A Washington state court is most likely to enforce such rights under

The full faith and credit clause

Felicia invents a new valve to cap undersea oil spills, which she names "Great Catch" She also writes the installation manual to be included with each valve. Felicia could obtain copyright protection for

The installation manual

E-Shopping Corporation inserts Fiesta Mall Inc's trademark as a meta tag in E-Shopping's Web site's key words field without Fiesta's permission in a manner that suggests Fiesta authorized the use. This is

Trademark infringement

A beverage company that competes with Coca-Cola Company cannot call its products "Koke"

True

A hacker is someone who uses one computer to break into another

True

A large business must provide notice before implementing a mass layoff

True

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties

True

Certain employers must provide their employees with up to twelve weeks of paid family or medical leave during any twelve month period

True

Changing trademark is forgery

True

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings

True

The period for persons to comment on a proposed administrative rule must be at least thirty days

True

Theft of confidential data by industrial espionage is a theft

True

Boz, a clerk for a Cheezy Burger, Inc., restaurant goes on strike with the other employees. After the strike, Boz must be given his job back if there is still work at the restaurant and the strike was

a lawful economic strike

Fact Patters 35-1A Erasmus applies for a job at Drain-Pro Plumbing & Repair LLC for which he is well qualified. He passes a test to determine which applicants are eligible for hiring, but the employer discards the results, and Erasmus is rejected. Drain-Pro continues to seek applicants. Refer to Fact Pattern 35-1A. Erasmus files a suit against Drain-Pro under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, he must show that he is a member of

a majority group

Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity, or national origin. This is

disparate-treatment discrimination

The regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of

hazardous waste management

Tonya and many other consumers complain to the Federal Trade Commission(FTC) that a Whoopie Wonders Company ad is deceptive. The FTC's first step is to

investigate

Paolo has cerebral palsy, Quincy has kleptomania, and both work for Reality Insurance Company. Considered disabled under the Americans with Disabilities Act

is Paolo only

The Internal Revenue Service (IRS) wants to seize certain documents of Mortgage Bank, Inc. Deciding whether it is permissible for the IRS to request or seize documents depends on whether the documents are

relevant

Wheels & Deals Corporation is subject to the Truth-in-Lending Act, which is a key statute regulating the credit and credit-card industries and concerns

the disclosure of credit terms

Pola develops a new espresso machine, which she names, "Sure Shot" She also writes the operating manual. Pola can obtain trademark protection for

the name

The Federal Aviation Administration uses notice-and-comment rulemaking. The final rule in such a proceeding has a binding legal effect

unless a court overturns it