unit 2

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

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 Acts (FCRA)

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

Fair Debt Collection Practices Act (FDCPA

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

Fair and Accurate Credit Transactions Act (FACT

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, and Rodenticide Act (FIFRA)

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

Federal Water Polution Control 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)

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

Postal Reorganization Act

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

Resource Conservation and Recovery Act

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.Congressional approval.

Rivers and Harbors Appropriations Act

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

Safe Drinking Water Ac

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)

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

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

a. true

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

a. true

Which of the following is usually not an acceptable defense to criminal liability? a. Necessity. b. Justifiable use of force. c. Insanity. d. Duress. e. All of these are correct.

e. All of these are correct.

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

Affordable Care Act (ACA

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)

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)

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

Lanham Act

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

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

enerally limits environmental harm from federal government activities

National Environmental Policy Act

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 Pollution Act

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 False

True

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: a. Aggravated. b. Loathsome. c. Arbitrary. d. Notorious. e. Capricious

a. Aggravated.

Pick the correct ordering of the typical major procedural steps in a criminal case. a. Arrest > Booking > Initial Appearance > Preliminary Hearing (or Grand Jury) > Information or Indictment > Arraignment > Trial b. Arrest > Booking > Preliminary Hearing (or Grand Jury) > Initial Appearance > Arraignment > Information or Indictment > Trial c. Arrest > Preliminary Hearing (or Grand Jury) > Arraignment > Booking > Information or Indictment > Initial Appearance > Trial d. Arrest > Booking > Initial Appearance > Preliminary Hearing (or Grand Jury) > Arraignment > Information or Indictment > Trial e. None of these is correct.

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

The Miranda v. Arizona case requires that anyone arrested on suspicion of criminal activity must: a. Be informed of certain constitutional rights. b. Spend a night in jail. c. Come before a judge within 36 hours of the arrest. d. Be reimbursed for any financial loss caused by the arrest. e. None of these choices.

a. Be informed of certain constitutional rights.

Which one of the following is false regarding the Sarbanes-Oxley (SOX) Act of 2002? a. It provides for the regulation and registration of securities exchanges, brokers, dealers, and national. securities associations. b. It provide investors with more information, prohibits deceptive practices, and prevents insider trading and unfair practices. c. It requires chief corporate executives to take personal responsibility for the accuracy of financial statements and reports that are filed with the SEC. d. It attempts to increase corporate accountability by imposing strict disclosure requirements and harsh penalties for violations of securities laws.

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

The primary objective of the Foreign Corrupt Practice Act (FPCA) of 1997 is to: a. Prohibits U.S. businesses from making payments to (bribing) officials in other countries to secure beneficial contracts. b. Increase corporate accountability by imposing strict disclosure requirements and harsh penalties for violations of securities laws. c. Prohibit various forms of fraud and to stabilize the securities industry by requiring disclosure of certain information to investors. d. Provides for continuous periodic disclosures by publicly held corporations to enable teh government to regulate subsequent trading.

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

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. a misdemeanor. b. a civil wrong. c. a tort. d. a felony.

a. a misdemeanor.

When a grand jury decides that someone should be charged for an alleged crime, such a charge is called an: a. Initial appearance. b. Indictment. c. Explanation of charges. d. Information. e. Booking.

b. Indictment.

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: a. Double jeopardy. b. Probable cause. c. Reasonable doubt. d. Immunity.

b. Probable cause.

Which of the following would be considered a violent crime? a. Burglary. b. Robbery. c. Larceny. d. Arson. e. Bribery.

b. Robbery.

Activities considered contrary to public values and morals such as public drunkenness and prostitution are classified as: a. No-fault crimes. b. Victimless crimes. c. Shameful crimes. d. Turpitude crimes.

b. Victimless crimes.

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. a trade association. b. a group boycott. c. a market division. d. a tying arrangement.

b. a group boycott.

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

b. false

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

b. false

One cannot be guilty of arson for burning their own home or property. a. true b. false

b. false

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 a. double jeopardy. b. probable cause. c. immunity. d. reasonable doubt.

b. probable cause.

Teri borrows $10,000 from USA Bank to remodel a room in her home. This transaction is subject to a. no federal law. b. the Truth-in-Lending Act. c. the Consumer Leasing Act. d. the Consumer Product Safety Act.

b. the Truth-in-Lending 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: a. Burglary. b. Assault. c. Larceny. d. Embezzlement.

c. Larceny.

A Latin term used in law, a wrongful mental state is known as: a. Actus reus. b. Deus ex machina. c. Mens rea. d. Res ipsa loquitor. e. Stare decisis

c. Mens rea.

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 a. Hacker. b. Botnet. c. Virus. d. Worm.

c. Virus.

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. a tort. b. a misdemeanor. c. a felony. d. a civil wrong.

c. a felony.

The United States taxes most goods imported from China at a flat rate. This is a. a quota. b. an antidumping duty. c. a tariff. d. a dumping duty.

c. a tariff.

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 a. counteradvertising. b. a cease-and-desist order. c. bait-and-switch advertising. d. puffery.

c. bait-and-switch advertising.

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 a. the doctrine of sovereign immunity. b. a court in Venezuela. c. the act of state doctrine. d. the principle of comity.

c. the act of state doctrine.

The government of Japan sets a limit on the amount of beef that can be imported from the United States. This is a. a tariff. b. a dumping duty. c. an antidumping duty. d. a quota.

d. a quota.

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 a. a security involving short-swing profits only. b. a security by the corporation only. c. a security involving a corporate insider only. d. any security.

d. any security.

Trade barriers are a. the lack of incentives and subsidies to stimulate exports. b. restrictions on exports. c. the lack of incentives and subsidies to stimulate imports. d. restrictions on imports.

d. restrictions on imports.

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

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

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 a. cyber fraud. b. identity theft. c. no crime. d. phishing.

a. cyber fraud.

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 a. predatory pricing. b. market power pricing. c. price-fixing. d. price discrimination.

a. predatory pricing.

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 a. the privilege against self-incrimination. b. entrapment. c. ignorance of the law. d. a mistake of fact.

a. the privilege against self-incrimination.

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

a. true

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

a. true

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 a. persuade three-fourths of the jurors to agree on a guilty verdict. b. prove beyond a reasonable doubt that Rosa committed every essential element of an offense. c. convince the court it is more likely than not that the charges are true. d. show the evidence as reasonably permitting a guilty verdict.

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

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 a. the Fair and Accurate Credit Transactions Act. b. the Fair Debt Collection Practices Act. c. the Truth-in-Lending Act. d. no federal law.

b. the Fair Debt Collection Practices Act.

The Racketeer Influenced and Corrupt Organizations Act is an effective tool in attacking a. defenses that excuse criminal behavior. b. businesspersons who use bribery to secure foreign contracts. c. certain white-collar crimes. d. criminal activities occurring online.

c. certain white-collar crimes.

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 a. no federal law. b. the Fair Debt Collection Practices Act. c. the Fair Credit Reporting Act. d. the Equal Credit Opportunity Act.

c. the Fair Credit Reporting 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 a. the act of state doctrine. b. the principle of comity. c. the doctrine of sovereign immunity. d. a coercive action.

c. the doctrine of sovereign immunity.

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 a. the solicitation of proxies from Orbital's shareholders. b. the later re-registration of Orbital's securities. c. the short-swing activities of Orbital's insiders. d. the declaration of dividends by Orbital's board of directors.

c. 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 a. the later re-registration of the firm's securities. b. the short-swing activities of the firm's insiders. c. the declaration of dividends by the firm's board of directors. d. the solicitation of proxies from the firm's shareholders.

d. the solicitation of proxies from the firm's shareholders.

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 a. do nothing. b. designate a corporate official to assume liability for inaccuracies. c. read the reports and be prepared to answer questions about them. d. certify that the reports are complete and accurate.

d. certify that the reports are complete and accurate.

A body of law—formed as a result of international customs, treaties, and organizations—that governs relations among or between nations is a. national law. b. space law. c. universal law. d. international law.

d. international law.

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 a. indirect exporting. b. direct exporting. c. a distribution agreement. d. licensing.

d. licensing.

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 a. hacking. b. no crime. c. cyberterrorism. d. phishing.

d. phishing.

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 a. price-fixing. b. smart marketing. c. predatory pricing. d. price discrimination.

d. price discrimination.

When applying the rule of reason to an activity that allegedly violates the antitrust laws, a court will not consider a. the parties' market ability to implement the agreement. b. the purpose of the agreement. c. the potential effect of the agreement on competition. d. whether the agreement is a per se violation.

d. whether the agreement is a per se violation.

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? a. Cyber theft. b. Identity theft. c. Hacking. d. Cyber terrorism. e. Phishing.

e. Phishing.

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 products identify certain details about the produce

Fair Packaging and Labeling Act

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? a. The World Trade Organization (WTO) b. The Berne Convention c. The New York Convention d. The Convention on Contracts for the International Sale of Goods (CISG) e. The TRIPS Agreement of 1994

a. The World Trade Organization (WTO)

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. a market division. b. a group boycott. c. a price-fixing agreement. d. a trade association.

a. a market division

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 a. embezzlement. b. robbery. c. wire fraud. d. larceny.

a. embezzlement.

A speedy trial, a trial by jury, a public trial, and the right to confront witnesses are guaranteed by a. the Sixth Amendment. b. the Fourth Amendment. c. the Fifth Amendment. d. state law, not the U.S. Constitution

a. the Sixth Amendment

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 a. the act of state doctrine. b. the principle of comity. c. the doctrine of sovereign immunity. d. the Foreign Sovereign Immunities Act.

b. the principle of comity.

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 a. not liable because Ono did not prevent others from profiting. b. not liable because Ono does not work for the firm. c. liable for insider trading. d. not liable because Ono did not solicit information from Luan.

c. liable for insider trading.

Lloyd is accused of a crime. Evidence of his allegedly criminal activities can be excluded from a trial a. under no circumstances. b. if the police do not promise to keep the evidence confidential. c. if the evidence will be used to prosecute him. d. if the evidence is "fruit of the poisonous tree."

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

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 a. only involving tippers and tippees in private transactions. b. only by investment companies on organized exchanges. c. only involving short-swing profits obtained in over-the-counter markets. d. in almost any circumstances.

d. in almost any circumstances.