Business Law Essentials By OpenStax 1st Edition OpenStax - Solutions

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Give examples of areas covered by federal laws. Give examples of areas covered by city ordinances. What are the limitations on these two sources of laws? What could the laws at these two levels not do?13. What is the principle of stare decisis?
What is the difference between a remedy in equity and other forms of judicial remedies?
Professor Lucas Phelps sent the following e-mail to Professor Marlin Jones: "I recently read the opinion piece you wrote for the Sacramento Bee on affirmative action. Your opinion is incorrect, your reasoning and analysis are poor, and I am embarrassed that you are a member of the faculty here at
Cindy Nathan is a student at West University. While she was at her 9:00 A.M. anthropology class, campus security entered her dorm room and searched all areas, including her closet and drawers. When Cindy returned to her room and discovered what had happened, she complained to the dorm's senior
Classify the following laws as substantive or procedural:a. A law that requires public schools to hold a hearing before a student is expelled proceduralb. A law that establishes a maximum interest rate for credit transactions of 24 percent Substantivec. A law that provides employee leave for the
The Family Educational Rights and Privacy Act (FERPA) protects students’ rights to keep their academic records private. What duties are imposed and upon whom because of this protection of rights? Discuss the relationship between rights and duties.
Glenda Brunette, a 60-year old widow, operates a pedigreed cat breeding business on her 11-acre ranch and avocado farm in Ojai, California. You can enter Brunette’s ranch only by passing through a locked gate that has a “No Trespass” sign. Concerned citizens reported to the Humane Society
What’s the purpose of Proxy Statements?
Explain Schedule 13D.
Corporate insiders include officers, directors, and beneficial owners who own _____ % of a class of securities registered under Section 12 of the Securities Exchange Act of 1934.a. 5.b. 10.c. 15.d. 20.
All of the following are considered reports required by the Securities Exchange Act of 1934 except:a. Form 8k.b. Form 10 k.c. Form 10Q.d. All of the above.
Explain Blue Sky laws.
Which types of companies must register with the SEC?a. Companies with over 500 or more owners.b. Companies with total assets of $10 million.c. Companies with total assets exceeding $10 million and with 500 or more owners.d. None of the above.
The following are examples of self-regulatory organizations that the SEC oversees:a. The New York Stock Exchange.b. The National Association of Securities Dealers.c. The Chicago Board of Options.d. All of the above.
Explain a laissez-faire economic policy.
All of the following are international law enforcement methods except:a. Collective action.b. Reciprocity.c. Shaming.d. All of the above.
How many countries have adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG)?a. 74.b. 84.c. 94.d. 104.
Compare and contrast common law systems vs. civil law systems.
Explain the principle of comity.
Sources of international law include:a. Customs, treaties, and laws.b. Customs, treaties, and edict.c. Treaties, laws, and edicts.d. Customs, treaties, and organizations.
The UN Security Council is made up of:a. 5 members and 10 countries.b. 10 members and 5 countries.c. 10 members and 10 countries.d. 5 members and 5 countries.
What is the Doctrine of Sovereign Immunity?
Explain the European Union.
The following are clauses in the U.S. Constitution that relate to international law.a. Treaty Clause.b. Foreign Commerce Clause.c. Both a and b.d. Neither a nor b.
What is International law?
The following are examples of a company giving misleading price information except:a. Advertising “Limited Time Offer” when the offer is available forever.b. Advertising “Going Out of Business” when the company plans to stay in business.c. Advertising the product as “New” when the
Describe the role of the Federal Trade Commission.
What is a bait and switch?
All of the following are considered unfair trade practices except:a. Targeting vulnerable populations.b. Charging extremely high prices.c. False advertising.d. False representation of a good or service.
Define unfair trade practices.
Explain the Wheeler-Lea Act.
What is the mission of the Bureau of Competition?
The following are bureaus of the Federal Trade Commission except:a. Bureau of Unfair Trade Practices.b. Bureau of Consumer Protection.c. Bureau of Competition.d. Bureau Economics.
When was the Federal Trade Commission established?a. 1912.b. 1914.c. 1916.d. 1920.
The following are exempt from antitrust laws:a. Small businesses.b. Coops.c. Labor unions.d. Agriculture groups even if they engage in restraint of trade.
Which of the following are considered illegal by the Clayton Act?a. Price discrimination.b. Exclusive dealing contracts.c. Corporate mergers.d. All of the above.
Which of the following are possible penalties for violation of the Sherman Act?a. Up to $100 million for corporations and individuals.b. Up to $100 million for individuals.c. Up to $100 millions for corporations.d. None of these are correct.
Which of the following is not prohibited by the Sherman Act?a. Temporary limited restraints.b. Temporary restraints.c. Naked restraints.d. Ancillary restraints.
Each state has its own Antitrust law.a. True.b. Fasle.
What recourse does the FTC have if an individual or company engages in an unfair trade practice?a. Consent order.b. Administrative complaint.c. Litigation.d. All of the above.
What was the original purpose of antitrust legislation?
What was the first antitrust law enacted?.a. The Clayton Act.b. The Federal Trade Commission Act.c. The Antitrust Act.d. The Sherman Act.
Distinguish between naked restraint and ancillary restraint.
What is a Business Trust?
All of the following are forms of restraint of trade that company might use to reduce competition except:a. Monopolies.b. Oversupply.c. Price-fixing.d. Mergers.
Explain the purpose of the Administrative Procedure Act (“APA”).
The Bureau of Economics concentrates on all but the following:a. Consumer protection investigation.b. Rulemaking.c. Lower prices for consumers.d. Economic impact of government regulation.
What’s the role of an Administrative Law Judge (ALJ)?
The process of assigning authority to administrative agencies is called:a. An assignment.b. A directive.c. A passing.d. A delegation.
Who appoints leaders to run administrative agencies?a. The President.b. Congress.c. The judges.d. None of these are correct.
How does the FDA fulfill its role?
Explain the goal of the Federal Trade Commission.
The FDA stands for:a. The First Drug Administration.b. The Federal Drug Administration.c. The Food and Drug Administration.d. The Food and Diet Administration.
Administrative agencies are created by:a. The president.b. The judicial branch.c. The Constitution.d. Congress.
What is administrative law?
The Age Discrimination Act only applies to employers with 20 or more employees.a. True.b. False.
To bring a successful claim under the Americans with Disability Act (“ADA”), the plaintiff must prove all of the following except:a. He or she suffered an adverse employment decision because of a disability.b. The disability was not a mental disability.c. He or she was qualified for a
The following is valid defense under Title VII:a. Quid Pro Quo.b. No Merit Defense.c. BFOQd. All of the above.
How do you prove a disparate impact case?
Explain Title VII of the Civil Rights Act of 1964.
Which of the following practices are illegal?a. Picketing.b. No strike clause.c. Sit-Down strike.d. A secure shop.
_____ is a place of employment where the employee is required to join the union within a specified number of days after being hired.a. A closed shop.b. A union shop.c. An agency shop.d. A secure shop.
What is the function of the National Labor Relations Board?a. To monitor the conduct of the unions and employers during union elections.b. To remedy and prevent unfair labor practices by unions or employers.c. To establish rules interpreting the NLRA.d. All of the above.
What is a trade union?
Explain the term labor relations.
The Fair Labor Standards Act (FLSA) covers which category?a. Child Labor.b. Minimum wage.c. Overtime pay.d. All of the above.
What regulation protects employees who are terminated from their employment?a. COBRA.b. ERISA.c. Unemployment Compensation.d. All of the above.
How many weeks of unpaid leave does the Family Medical Leave Act guarantee to eligible workers?a. 12.b. 16.c. 25.d. 40.
Employers are required provide a work environment that is safe and healthy for their employees by which law?a. FLSA.b. WCA.c. OHSA.d. FMLA.
What is a breach of warranty?
The following are possible remedies to buyers under the UCC:a. Cancel the contract.b. Obtain Cover.c. Sue.d. All of the above.
Examples of a defect in a breach of the implied warranty of merchantability, include all of the following except:a. Design defect.b. Manufacturing defect.c. Inadequate instructions.d. Product defect.
Describe the difference between an express and implied warranty.
What is a warranty in a sales contract?
Distinguish a shipment contract from a destination contract.
What is the definition of a good?
What source of law governs sales contracts?a. Common Law.b. The Uniform Commercial Code.c. Statutory Law.d. Federal Law.
All of the following are features of sales contracts except:a. Consensual.b. Bilateral.c. Cumulative.d. Principal.
What is a sales contract?
Define restitution.
Courts of equity will not grant specific performance of contracts:a. For a personal service contract.b. For the sale of real estate.c. For the sale of the original manuscript of a rare edition book.d. All of these are correct.
Distinguish between rescission and reformation.
Typical remedies available for a breach of contract include:a. Money damages.b. Rescission.c. Specific Performance.d. All of the above.
Define a material breach.
Examples of illegal contracts include all but the following:a. Contracts for the sale or distribution of heroin.b. Contracts for loansharking.c. Contracts in consideration of marriage.d. Employment contracts for the hiring of undocumented workers.
When can a mentally incompetent person void a contract?
A minor can avoid a contract to purchase a car if:a. The car has been destroyed.b. The car has been damaged.c. He or she grows tired of it.d. All of the above.
Which of the following is most likely to be classified as a necessity for which a minor will be held liable on a contract?a. A television.b. School supplies.c. Education.d. Food.
What happens when a person lacks the legal capacity to enter into a contract?
Consideration may include any of the following except:a. A promise.b. A gift.c. Property.d. Money.
Describe the concept of Promissory Estoppel.
What are the ways an agreement can be invalidated?a. Fraud.b. Misrepresentation.c. Undue influence.d. All of the above.
The elements of a contract include all but the following element:a. Offer and acceptance.b. Consideration.c. Capacity.d. Promissory Estoppel.
What is the definition of a contract?
Describe the differences between contributory and comparative negligence.
The elements of res ipsa loquitor that a plaintiff must establish in a product liability lawsuit include all of the following except:a. The defendant breached his or her duty of care.b. The defendant had control over the product in question while it was being manufactured.c. Under normal
What is an attractive nuisance?
If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors, and the activity is not one of common usage, it is:a. Proximate cause.b. Abnormally dangerous.c. Negligence.d. None of these are correct.
Which of the following is a special relationship giving rise to a duty to act to aid or protect one in peril?a. Hotel and guest.b. Cousin to cousin.c. School principal and student.d. Hotel and guest, and school principal and student.
All of the following are elements of negligence except:a. A reasonable person.b. A duty by the defendant to either act or refrain from acting.c. A breach of a duty owed by defendant.d. Measurable harm.

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Business Law Essentials By OpenStax 1st Edition OpenStax - Solutions

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