Eth 321 Final Exam1

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NEW VERSIONCivil enforcement powers regarding federal antitrust matters belong to _______.

•

the Treasury Department

•

the Department of Revenue and Taxation

•

the FTC and the Department of Justice

•

the Department of Labor

Wic of te following is true of tort law!

•

It protects people from being tried twice for the same crime

•

Tort law typically deals with breach of contract

•

It provides compensation to those wor!ers who have been in"ured on the "ob

•

It sets limits on how people can act and use their resources

"red ta#es $ett% to dinner at a ver% e&pensive and e&clusive restaurant. 'e menu does not

mention prices. 'e server ta#es teir order and bot $ett% and "red en(o% te meal immensel%.

Wen te bill comes) "red refuses to pa% because te menu ad no prices and because e and te

server never engaged in language indicating and offer and acceptance. 'e server said) *+re %ou

mailto:[email protected]:[email protected]://www.facebook.com/uopwritermailto:[email protected]://www.facebook.com/uopwriter


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read% to order!, and wen "red said *-es), te server merel% as#ed *Wat ma% I get %ou

tonigt!, Wic of te following is true!

Fred must pay based on an implied#in#fact contract theory

•

Fred must pay based on a promissory estoppel theory

•

Fred must pay based on expressed contract theory

•

Fred is correct because no contract was formed

Wic of te following statements is true of te W+RN +ct!

•

It re$uires employers to give notice to an %at will& employee that he'she is being fired

•

It re$uires employers to give notice to employees that they are being sub"ected to polygraph

tests

•

It re$uires employers to give notice to employees that an unscheduled drug test will beconducted for all employees

•

It re$uires employers to give notice of a scheduled mass layoff

_____________ (urisprudence supports te idea tat law can and sould cange to meet new

developments in societ%.

(ociological

•

)atural


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•

*istorical

•

+ositive law

Wic of te following is true of te assumption of ris#s during deliver% of goods!

•

The buyer is responsible for damages to goods when the seller is about to transfer for shipment

•

The seller is liable for any damages incurred to the goods during shipment

•

The buyer is liable for any damages incurred to the goods during shipment

•

The seller is always responsible for shipping the goods to the buyer

+ // emergenc% response service needs operators wo are bilingual in Englis and Spanis. + few

applicants of Spanis origin are re(ected due to poor Englis0spea#ing s#ills. 'e% file a complaint

on te grounds of discrimination based on nationalit%. 'eir complaint is s1uased. 2ere) te

defense of te federal government is on te grounds of _______.

•

inculpatory evidence

•

circumstantial evidence

•

bona fide occupational $ualifications

•

exclusionary rule

+rticle 3 of te 'reat% on European 4nion) called te 5aastrict 'reat%) states te E4 is founded

on6

•


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private mar!ets

•

rule of law

•

specific performance

•

stare decisis

Interpreting Congressional intent) wic of te following is never a bona fide occupational

1ualification 7$"O89!

•

Race

•

)ational origin

•

(ex

•

Religion

Etical formalists maintain tat6

•

the good of the many always supersedes the good of the few

•

harm to an individual is allowable as long as it serves a greater good

•

harm to individual rights is never "ustified by an increase in organi,ational or common good•

values are situational and change based on circumstance


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'e classification of crime is based on ________.

•

punishment imposed if convicted

•

prior record

•

location

•

the "udge-s prerogative

Wic of te following issues of administrative agencies relates to te substantive outcome of

agencies: rule0ma#ing and ad(udicating autorit%!

•

The administrative process is overwhelmed with paperwor! and meetings

•

.nforcement of some laws varies over time

•

The reward system usually does not ma!e a significant distinction between excellent/ mediocre/

and poor performance

•

It is very difficult to discharge unsatisfactory employees

Wic of te following is true of te use of alternative dispute resolution 7+;R9 tecni1ues!

•

Disputing parties can agree to use an 0DR techni$ue after the dispute arises

•

0DR techni$ues are ineffective once the pretrial process has begun

•

Disputing parties cannot use an 0DR techni$ue not specified in the original agreement

•


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Disputing parties must begin a lawsuit to use any form of 0DR

'e crucial issue wit te continuit% factor of a business:s organi


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interest#based negotiation re$uires the presence of a "udge or magistrate

•

position#based negotiation is often only concerned with preparing for litigation

•

interest#based negotiations allow room for consideration of non#factual concerns/ such as

relationships and long#term interests

'e determination tat a crime as been committed and tat evidence is sufficient to warrant te

accused standing trial is #nown as6

•

nolo contendere

•

indictment

•

double "eopardy

•

probable cause

Wic of te following is true under te regulations of interstate commerce!

•

Regulation on any activity is appropriate if it aids interstate commerce

•

0ctivities affecting interstate commerce do not come under the power of the deferral

government•

Intrastate activities affecting interstate commerce can be regulated only by the state governments

•

The states have the exclusive power to commerce that passes that passes across their lines


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"inising te construction of a ome two da%s after te contract called for completion 7no in(ur%

occurs9 most li#el% will be considered _______.

•

significant performance•

substantial performance

•

breach of contract

•

implied performance

"re1uent) abusive) treatening pone calls b% creditors are most li#el% to provo#e te basis for a

claim of _____________.

•

intentional infliction of emotional distress

•

malicious representation

•

misrepresentation

•

false imprisonment and malicious prosecution

Wic of te following is true of a violation of trade secrets: rigts!

•

1ne must misappropriate another-s information

•

2nauthori,ed use of another-s information constitutes a violation of trade secrets- rights

•

1ne must use another-s information without permission

•


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(tealing another-s intellectual property violates trade secrets- rights

Wic of te following states tat parties to a written contract ma% not introduce oral evidence to

cange written terms!

•

The parol evidence rule

•

Concurrent conditions

•

Conditions subse$uent

•

The statute of frauds

In a7n9 ___________) te sareolders are ta&ed onl% on income distributed.

•

sole proprietorship

•

corporation

•

limited partnership

•

limited liability company

____________ is a court created rule tat limits wen courts can review administrative decisions.

•

The doctrine of estoppel

•

The doctrine of lapse

•

The doctrine of exhaustion of remedies

•


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The doctrine of primary "urisdiction

+n emplo%ee at0will can be fired for wic of te following!

•

3a!ing public statements about the ha,ardous wor!ing conditions in a company

•

3a!ing public the fact that the employer was cheating the government on a defense contract

•

Ta!ing time off from wor! to care for a dependent without informing the employer

•

Ta!ing time off from wor! to serve on "ury duty after the boss as!ed the employee to re$uest a

waiver

'e ideas and pilosopies tat e&plain te origin of law and its (ustification are called6

•

"urisprudence

•

stare decisis

•

torts

•

rule of law

"ederal law and business leaders ali#e favor ____________ as a means of governing private

business etics.


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•

establishment of federal regulators in all private companies to establish and enforce ethical

standards

•

self#regulation by companies

•

giving the federal government exclusive "urisdiction regarding ethics and ethics violation

enforcement

•

creating uniform statutes of business ethics

Wic of te following is true in cases were onl% one part% drafts te contracts tat contain terms

tat appear vague and ambiguous to te oter part%!

•

The court will interpret the ambiguous and vague terms against the party that drafts them

•

The court will declare the drafting party4s behavior as a tort due to intentional ambiguity of

terms

•

The court will interpret the terms as they mean in the common language

•

The court will re"ect the non#drafting party4s attempt to reinterpret the terms after the contract

has been signed

5%ra offers to sell er ome to 2anna for *about =/>>)>>> plus closing costs., 2anna accepts

5%ra:s offer) but later a dispute arises concerning te precise dollar amount of te purcase price.

2ow will a court resolve tis dispute!

•

The court will appoint a licensed real estate appraiser to determine the price to be paid by *anna

•

The court will re$uire *anna to pay the average of her price and 3yra4s price

•

The court will declare the purchase price and terms too indefinite to create a binding contract


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• written contracts with ambiguous terms are automatically void and cannot be corrected.

• written agreements may be used to change a final written contract if the final written contract

isn't exactly conforming to the pre-contract agreements

?0 LLPs were created to

• Increase the duration of the business entity permitted under LLC statutes.

• Provide limited protections for general partners increasing protections offered by LLCs.

• Ease the costs and filing reuirements present with LLCs.

• limit taxation burdens existing in LLCs

@0 Stan is an investment manager. He has received money from various investors with apromise of very high returns on their investments. The invested money is not supplyingenough capital in order to pay the returns promised so he has started using new investor'smoney to pay older investors. By advertising and by word of mouth people are an!ious toinvest with Stan because of the money being paid and with the influ! of new investors heis able to continue operating. Stan is

• operating an insider trading operation.

• guilty of conspiracy to defraud.

• rac!eteering.


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• operating a Pon"i scheme

A0 There are several reasons why whistle blowing may not be protected on an internationallevel. These include

• #ost business is not truly international and so there has been no push for globali"ation of

protection.

• $ictators typically do not care if companies are engaging in illegal activities.

• #any nations across the globe do not have the dishonesty problems that are found in

western nations.

• Collective or collaborative cultures may frown on whistle blowing instead of wor!ing together

to fix a problem.

B0 "udicial review

• is the power or right of a court to hear a case.

• is the power of a state or federal court to declare a statute unconstitutional.

• is the power of an appellate court to reverse a decision made in a lower court.

• is the power of a federal court to declare a state or federal statute invalid if inconsistent with

the constitution.


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30 #n Lucy v. Zehmer the two parties were drin$ing in a bar when Lucy offers to buy %ehmer'sfarm. After some negotiation a written contract was e!ecuted. %ehmer claimed that thewhole episode was only a &o$e and he never intended to sell the farm. The courtdetermined that

• since the contract was written without lawyers present% it was li!ely not really serious so no

contract was actually formed.

• since &ehmer claimed to be high as a (eorgia pine and it was only the liuor tal!ing% there

was no contract.

• because negotiations and modifications to the written agreement lasted between )*-+*

minutes% it appeared that both parties were serious so even if &ehmer had no ob,ective intent to sell thefarm he is still bound by his actions and the contract was enforceable.

• because the terms were fair% the parties are bound by the contract regardless of their intent

or capacity.

5# hat must (ongress do first to establish an administrative agency

• obtain ,udicial approval the creation.

• enact an enabling statute.

• nothing% it is an executive power.

• research if a new agency is needed

0 hich of the following will be a valid defense in a strict products liability case)


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• consent.

• comparative negligence.

• assumption of ris!

• contributory negligence.

0 *odern (orporation operates a steel mill. They have never contributed anything to thelocal community and they $nowingly pollute both the air and river that runs by their mill.Their reasoning is that the cost to install pollution control devices would diminish theirprofits and they don't support the community because they provide &obs and don't thin$they owe anything else to the citi+ens in their area. ,onating to the community would alsodiminish profits. hich theory of corporate social responsibility are they e!hibiting)

• the narrow view a!a invisible hand theory.

• the broad view a!a management's hand theory.

• the moderate view a!a government's hand theory.

the hybrid view a-$-a citi+en's hand theory.

/>0 here a promise can only be accepted by the performance of the person to whom it isoffered is an e!ample of a-an

• bilateral contract.


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• uasi contract.

• implied contract.

• unilateral contract

//0 #n which of the following scenarios would enforcement of specific performance beappropriate)

• you own the pistol used by /amilton and contract to buy the pistol used by 0urr in the

/amilton-0urr duel to complete your set% but despite the contract the 0urr pistol owner refuses to sell atthe last minute.

• your boo!store agrees to order a textboo! for you but breaches their contract with you by

canceling the order the next day.

• you order three gallons of white ceiling paint from a local store and they breach by not

delivering or ma!ing the three gallons available to you.

• you order a current model name brand television from a department store and a few days

later they breach by not ordering it from the manufacturer.

/?0 Assuming a business ethical dilemma which statement best illustrates illigan approachsuggested in her theory of /The 0thics of (are1)

•

applies only to women and not men.

• individual rights and ,ustice for all.


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• obedience to independent moral rules or duties.

• care and responsibility to others

/@0 ith regard to the court ade2uacy of consideration means

• the court doesn't care about value as long as the mutual assent is valid.

• the consideration exchanged must be reasonably close in value.

• the consideration exchanged must be exactly eual in value.

• the court will ad,ust the consideration if the value exchanged is unfair.

/A0 The three stripes on Adidas clothing represents a

• trade dress.

• trade secret.

• patent.

• trademar!

/B0 hich of the following is not a general category of torts)


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• criminal torts

• strict liability.

• intentional torts.

• negligence.

/30 hich of the following promises ordinarily need not be in writing to be enforceable)

• 1 lease of a warehouse for 2+ months.

• 1 34%*** agreement with a personal trainer for 4* sessions.

• 1n agreement to sell of a car for 34%5**.

• Promises made as a part of a prenuptial agreement.

65# hich of these is not an administrative agency function

• policyma!ing.

• creating statutes.


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• licensing and permitting.

• investigation and enforcement.

/0 hich of the following does not occur in appellate court trials)

• oral arguments by each side's attorneys.

• consideration of briefs prepared by each side's attorneys outlining the law and applicable

precedent pertinent to the case.

• presentation of testimony and new evidence.

• review of lower court transcripts and rulings.

/0 3A* (orp has separate (odes of 0thics and (onduct. 0ach of the following would li$elybe included in their (ode of 0thics e!cept

• expectations of an individual's community service.

• avoidance of conflicts of interest.

• expectations of privacy and dignity to be afforded others.


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• reuirements of procedural due process and impartiality.

?>0 *aria is the (45 of a company being investigated by the S0( for various allegedviolations. 0ach of the following would constitute an obstruction of &ustice e!cept

• changing some figures on documents used to support filed financial statements.

• ordering her secretary to lie if she is uestioned.

• refusing to answer uestions invo!ing the 6ifth 1mendment.

• shredding her personal calendar and appointment boo!.

?/0 A trademar$ can be any of the following e!cept a

• phrase.

• word.

• formula.

•

symbol.

??0 hich of the following is not true of A,6 proceedings)


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• 1$7 hearings usually arrive at a resolution at a much lower cost than does litigation.

• the ,ury decision in an 1$7 proceeding is automatically sub,ect to one appeal.

• the party conducting the 1$7 hearing is chosen by the disputing parties themselves in

certain instances.

• 1$7 hearings generally result in much less publicity than does litigation

?@0 hich of the following is rarely awarded in contracts cases)

• Liuidated damages.

• Compensatory damages.

•

Punitive damages.

• conseuential damages

?A0 hich of the following is categori+ed as informal A,6)

• #ediation

• #ed-arb


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• 1rbitration

• 8egotiation

25- 9he 69C publishes a rule regulating 9:s and 0lu-7ay $:$ players for public comment butrevises it to include traditional $:$ players also. ;hould the 69C republish the revision

• no because the new rule is more limited than the original proposal.

• no because it was a logical outgrowth of the original rule.

• no% there was no need for publication of the original rule.

• no because there is generally no legal obligation to provide an additional comment period

?30 Assumption of ris$ is a defense to

• 0attery.

• Conversion.

• $efamation.

• 8egligence


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?D0 Blac$'s Law ,ictionary as cited in the boo$ defining the term law includes each of thefollowing e!cept

• Law has a binding force.

• Law is a body of rules.

• Law is conduct prescribed by a controlling authority.

• Law regulates personal ethics

?0 "urisprudence is defined as7

• 9he science and philosophy of law

• 9he enactment of laws by a government body.

• 9he duties and obligations owed by a citi"en.

• 1d,udication of law suits

78# "onathan has graduated and wants to start a business. hich business entity gives himthe most complete and e!clusive control over the business and any business decisions

• Limited liability Company.


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• general partnership

• ;ole proprietorship.

• corporation

@>0 The moderate view of assessing corporate citi+enship believes that

• Corporate employees below the senior executive level should provide the exclusive view of

corporate responsibility.

• Community groups where the corporation is located should provide the exclusive view of

corporate responsibility.

• 9he government should provide the exclusive view of corporate responsibility.

• corporate officers and boards of directors should provide the exclusive view of corporate

responsibility


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Eth 321 Final Exam1

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