Question 1
A company which incorporated in the state of Delaware, also has regional offices in Iowa, Massachusetts, Oregon, and Texas. States which can tax the business are:
a. Only Delaware
b. Fairly apportioned, Delaware, Iowa, Massachusetts, Oregon, and Texas
c. Only the states where the company has actual physical contact with customers
d. Iowa, Massachusetts, Oregon, and Texas
e. Only states recognizing the taxing policy of other states
Question 2
If provisions of a statute at the federal level include a penalty of a period of time in prison for violating provisions of trades of stock it falls within what law classification?
a. procedural law
b. criminal law
c. private law
d. civil law
e. all of the above
Question 3
The model for resolving ethical decisions which uses the perspective of an objective reporter:
a. is identical to the Wall Street Journal test
b. is one Blanchard/Peale developed
c. is one Laura Nash developed
d. is the "front page of the newspaper test."
e. is the "front page of the newspaper test."
Question 4
XYZ manufactures a pesticide used in a city playground. After spraying the park with the pesticide, some kids got sick and needed to be hospitalized, and some pets who had been playing with the kids died. The kids' parents/owners of the dogs could:
a. not sue XYZ because there was no privity
b. not bring suit against the city
c. despite not having privity, sue XYZ, pursuant to 402A
d. none of the above
Question 5
The ethical model which calls for evaluating the impact of the decision on stakeholders is:
a. the Front-Page-of-the-Newspaper test
b. the Blanchard and Peale model
c. the Wall Street Journal model
d. each of the above test/models calls for that evaluation
Question 10
In order to establish undue influence, a necessary element is:
a. scienter
b. the existence of force or threat
c. a ficuciary relationship
d. the party contracting is lacking in capacity
e. none of the above
Question 7
Jacki, who is 17 years old, is in an accident and has $6,000 in medical bills. The medical facility bills Jacki, who signed for the medical bills, in which she agreed she was the person responsible for the expenses. Jacki:
a. is not liable for the bills because she is a minor
b. as a minor, can rescind the agreement
c. would not be liable for the bills, but her parents would be liable
d. would be liable for the bills as a necessity
e. none of the above
Question 8
When this occurs, a court might/need not follow precedent:
a. the court determines a change of the law is either morally or socially required
b. a change in technology has occurred
c. the case facts make it distinguishable
d. any/all of the above
Question 9
Which ethical school model maintains that corporate interests are served best when only interests of the shareholders are considered:
a. the social responsibility school
b. the invisible hand school
c. the enlightened self-interest school
d. the inherence school
Question 10
District courts in the federal court system number:
a. Thirteen
b. a minimum of one in each/every state
c. Ten
d. none of the above
Question 11
NOT true of RICO violations is:
a. the acts must have been committed within the past five years
b. they most commonly are based on mail fraud, wire fraud, and securities fraud charges
c. they require at least two racketeering acts
d. they can be based on a combination of any of the racketeering criminal activities listed in the Act (e.g., robbery, arson, gambling, etc.)
e. none of the above are true of RICO violations
Question 12
NOT a computer crime is:
a. using computers to create programs to circumvent copyright holders encryption devices
b. using a computer to steal or alter a trade secret
c. willfullty infringing copyrighted material worth more than $1,000 via electronic means
d. all of the above are computer crimes
Question 13
The Economic Espionage Act is NOT violated by:
a. taking computerized customer lists to your new, from your old, employer
b. down/uploading a trade secret
c. willfully infringing copyrighted material worth more than $1,000
d. taking computerized proprietary information from a former to new employer
e. all of the above are violations of the Economic Espionage Act
Question 14
The impact of the mailbox rule is eliminated by:
a. common law
b. an offer that restricts acceptance to when the acceptance is actually received by the offeror
the UCC
c. the mailbox rule is constitutional and cannot be eliminated
d. none of the above
Question 15
An example of a multilateral treaty is:
a. the Geneva Convention
b. the Hague Convention
c. the North American Free Trade Agreement
d. all of the above are examples of multilateral treaties
e. none of the above are examples of multilateral treaties
Question 16
A large recreational facility, 320 acres, in Pennsylvania restricts the use of its facilities by race. The facilities include, amongst others, boat rentals, a par 3 golf course, pavilions for picnics and other gatherings, and a catering service. How, using the interstate commerce clause and federal civil rights statutes, might the restrictions be invalidated?
Question 17
In 1970 Congress passed the Occupational Safety and Health Act, which requires employers engaged in interstate commerce to provide a safe workplace for employees.
a. Is the statute primarily an example of civil or criminal law?
b. Where would one find this statute (i.e., of what has it become part)?
c. Could this statute be considered an example of legislating natural law?
Question 18
The Federal Aviation Administration is considering a regulation to require, in the interest of being able to be seen better, that all general aviation be painted blaze orange (the color of much hunting gear). An association of general aviation enthusiasts believes that this is inappropriate. What avenue(s) are available for this association to raise its concerns?
Question 19
Potential defenses to claims based on product liability