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1)Which of the following does not result in a decision rendered by the hearingofficer? (Chapter 4)
A. Arbitration
B. Mediation
C. Med-arb
D. Using expert evaluators
2)Jurisprudence is defined as
A.adjudication of law suits
B. theenactment of laws by a government body
C. thescience and philosophy of law
D. theduties and obligations owed by a citizen
3) Thestate of Kansas has enacted a new law requiring all commercial trucks drivingon Kansas roads to have special mud flaps installed. These mud flaps have beenproven to make driving in the rain significantly safer due to reduced mistcreated by trucks driving in the rain, although data regarding accidents andinjuries has not yet been determined. Any truck entering Kansas must have theseflaps installed or will be subject to a significant fine and delay. The costfor purchase and installation of these flaps is $1,000 per truck. In short,trucks must have these flaps or go around the state. This Kansas law (Chapter2)
A. isvalid because it only applies to Kansas roads and such a law is entirelyintrastate
B. isvalid because Kansas's right to protect its citizens under its police powerswill override any outside challenges to this law
C. isinvalid because this law is intended to regulate interstate commerce, anenumerated federal power
D. isinvalid because although on its face it's an intrastate law, this statute willhave a significant economic effect on interstate commerce causing an undueburden
4) Thepower of preemption is derived from
A. thepower of judicial review
B. theCommerce Clause
C. theNecessary and Proper Clause
D. theSupremacy Clause
5) Whatis the main problem with international courts? (Chapter 25)
A. Finding judges who understand the complexities of international law
B. Creating a body of law that reflects multiple legal systems
C. Enforcing a ruling on sovereign nations is difficult
D. Lack of recognition from the U.N. and WTO
6) Underthe U.S. legal system, subject to some exceptions, costs of litigationregarding both the plaintiff and defendant (Chapter 1)
A. areall paid by the loser
B. areall paid by the winner
C. arepaid for by each side with the plaintiff and defendant paying for their ownlegal costs
D. aretotaled by the court and then for fairness, split in half with each side payingan equal amount
7)Generally, torts law is governed by (Chapter 9)
A. statestatutory law
B. statecommon law
C.federal statutory law
D.constitutional law
8)Assumption of risk is a defense to
A.conversion
B.negligence
C.defamation
D.battery
9) Thethree stripes on Adidas clothing represents a
A.trademark
B. tradedress
C. tradesecret
D. patent
10) Thecolor or shape of an item, if distinctive, is a (Chapter 24)
A.trademark
B. tradedress
C.copyright
D. patent
11) Cybersquatting describes the practice of
A.registering multiple domain names and then selling them back to companies atinflated prices
B.hacking into a company's website to install a virus or Trojan horse designed tosteal information but allow the site to continue operation
C. usingmechanical devises to access a company's website multiple times to the pointthat traffic to the site is slowed or blocked
D.hacking into a company's website to install a virus designed to cause thecompany's website to totally cease operation
12) TheDigital Millennium Copyright Act (1998) provided each of the followingprotections EXCEPT (Chapter 24)
A.manufacturers of CD-Writers were required to pay 2% of their sales into a fundto be distributed to copyright holders because the CD-Writers could easily copymusic and other copyrighted works
B. civiland criminal penalties were established for those who sell or manufactureproducts or services that circumvent antipiracy software
C.restrictions were placed on analog recorders and camcorders that lackantipiracy features
D. ISPs were relieved of liability for copyright infringement by their users aslong as the ISP had no knowledge of the infringement
13) WhenMaria comes home from work, she finds that her yard has been mowed and trimmed.An hour later, a man comes to her door to collect payment for the yard work.Maria refuses to pay him because she has never seen him before nor had shehired him to do the work. Which of the following is accurate? (Chapter 6)
A. This is an implied, unilateral contract, so she must pay.
B. Maria has received unjust enrichment so a quasi contract is formed, so she mustpay.
C. The court would make Maria pay the reasonable cost of the work to be fair toboth parties.
D. Maria would not have to pay anything.
14) Wherea promise can only be accepted by the performance of the person to whom it isoffered is an example of a/an (Chapter 6)
A.bilateral contract
B. unilateralcontract
C.implied contract
D. quasicontract
15) Eachof the following is a discharge by mutual consent EXCEPT (Chapter 7)
A. accordand satisfaction
B.novation
C.rescission
D.frustration of purpose
16) Harrysees an AK-47 automatic assault rifle in a gun shop window. He inquires aboutthe price and is told that it is $2,500. Harry signs a contract promising topay the $2,500 on Friday, taking possession of the rifle when payment is made.On Thursday, a law is enacted making the ownership, sale, or possession of anautomatic rifle illegal. This contract (Chapter 7)
A.automatically terminates due to impossibility
B.automatically terminates due to impracticability
C.automatically terminates due to frustration of purpose
D. isenforceable and not affected by the new law because it was entered into beforethe law took effect
17) Whichof the following is rarely awarded in contracts cases?
A. Consequential damages
B. Compensatory damages
C. Punitive damages
D. Liquidated damages
18) Whichof the following is classified as an equitable remedy? (Chapter 7)
A. Consequential damages
B. Reformation
C. Restitution
D. Liquidated damages
19) Whichof the following would not be considered tangible? (Chapter 8)
A. A car
B. Oxygen
C. The right of ownership
D. The pen or pencil you are using
20) Withregard to consideration in a sales contract, the UCC differs from the commonlaw in that (Chapter 8)
A.consideration in a sales contract may be modified without additionalconsideration
B. considerationexchanged must be equal or very closely equal in sales contracts
C.consideration is not required in sales contracts
D.consideration in a sales contract may be modified as long as additionalconsideration is provided
21) TheUCC will permit an incomplete or slightly ambiguous contract to be enforcedusing each of the following criteria EXCEPT (Chapter 8)
A. pastcommercial conduct
B.industry standards or norms
C.judicial input of any terms necessary to maintain fairness
D.correspondence or verbal exchanges between the parties
22) Twomerchant companies have entered into a contract for the sale of goods but havehad no prior dealings, which would establish a course of conduct between them.The UCC will allow gap fillers to apply to their contract regarding missingterms in each of the following situations EXCEPT (Chapter 8)
A. theyhave failed to specify when payment for the goods is to be made
B. theyhave failed to specify where delivery of the goods is to be made
C. theyhave failed to specify the quality or grade of the goods to be delivered
D. theyhave failed to specify the price of the goods to be delivered
23) Whena buyer rejects nonconforming goods and purchases the appropriate goods from adifferent seller, this is an example of which of the following: (Chapter 8)
A. Cover
B. Specific Performance
C. Lawsuit for Money Damages
D. Revoking Acceptance
24) Whichof these is not a requirement for disclaiming a warranty? (Chapter 8)
A. Statutory authorization
B. A conspicuous writing
C. Explaining why the warranty is being disclaimed
D. Including the word merchantability if merchantability is to be disclaimed
25)"What if everyone took these same actions" is a question sometimescalled the (Chapter 5)
A.universalization approach
B.utilitarian approach
C.functionality approach
D.morality approach
26) Theutilitarian approach to moral philosophy was founded by (Chapter 5)
A. Jeremy Bentham
B. Immanuel Kant
C. Cicero
D. Kenneth Lay
27) Stanis an investment manager. He has received money from various investors with apromise of very high returns on their investments. The invested money is notsupplying enough capital in order to pay the returns promised, so he hasstarted using new investor's money to pay older investors. By advertising andby word of mouth, people are anxious to invest with Stan because of the moneybeing paid, and with the influx of new investors, he is able to continueoperating. Stan is (Chapter 22)
A.operating an insider trading operation
B. racketeering
C. guiltyof conspiracy to defraud
D.operating a Ponzi scheme
28) Benis the manager of a branch of a large bank. He has regularly taken money fromcustomer's accounts for his own use and changed the bank records to cover hisactions. Ben is guilty of
A. aconspiracy
B. aPonzi scheme
C.racketeering
D.embezzlement
29) TheSarbanes-Oxley Act (2002) imposed stricter regulations on how corporations dobusiness through regulations in each of the following areas EXCEPT (Chapter 16)
A. taxcompliance
B.financial reporting
C.corporate governance
D.auditing
30) Joanis the CFO of Para Corp. and is a year from retirement. In order to guaranteeherself a very substantial bonus and to boost her retirement package, sheknowingly certifies false financial reports making the company appear to bemuch more profitable than it really is. She further takes steps to assure thatthe financial report was not reviewed through internal controls maintained byPara Corp. Under the provisions of the Sarbanes-Oxley Act (2002), if her fraudis NOT part of a larger scheme, what criminal penalties are possible for Joan?(Chapter 16)
A. $1million in fines and up to 10 years in prison
B. $2million in fines and up to 12 years in prison
C. $5million in fines and up to 15 years in prison
D. $10million in fines and up to 20 years in prison
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