Project #77762 - Corporate Law

 

Which of the following statements is true regarding bona fide occupational qualification BFOQ?

 

Age cannot be the subject of BFOQ.

 

The BFOQ defense is legalized discrimination.

 

Race and color can be the subject of a BFOQ.

 

BFOQ and business necessity are the same.

 

Which of the following acts created the Public Company Accounting Oversight Board (PCAOB)?

 

Dodd-Frank Act

 

Deficit Reduction Act

 

Sarbanes-Oxley Act

 

Commodity Futures Modernization Act

 

Which of the following types of damages are most likely to be awarded when a legal right has been injured or if fault has been shown, but plaintiff has failed to prove that any actual loss occurred as a result of that fault?

 

Stipulated damages

 

Compensatory damages

 

Nominal damages

 

Punitive damages

 

Which of the following gave rise to the concept of comparable worth?

 

Tax Relief and Health Act

 

Equal Pay Act

 

American Recovery and Reinvestment Act

 

Class Action Fairness Act

 

A tombstone ad can be published only after the registration process is complete.

 

True

 

False

 

Which of the following falls in the category of quid pro quo sexual harassment?

 

Repeated requests for dates or sexual activity

 

Negative or stereotyped gender-based jokes

 

Display of nude or sexually explicit photos in the workplace

 

Declining workplace benefits such as promotion unless the employee engages in sexual activity with the harasser

 

 

 

Antitrust crimes involve unfair marketing techniques and conduct designed to eliminate competition through unfair means.

 

True

 

False

 

Which of the following groups of people are excluded from the National Labor Relations Act?

 

Independent contractors

 

Nonsupervisory employees

 

Part-time workers

 

Nonmanagerial employees

 

Trademarks, unlike copyrights and patents, are designed to promote the progress of science and useful arts.

 

True

 

False

 

The Parol Evidence Rule provides that if there is a valid, written, integrated contract between the parties, then evidence of prior or contemporaneous agreements will not be permitted to vary or alter its terms.

 

True

 

False

 

The Comprehensive Environmental Response, Compensation, and Liability Act:

 

gave the Council on Environmental Quality power to seek out the parties responsible for any waste release and assure their cooperation in the cleanup.

 

was enacted in 1990.

 

is also known as the Superfund and provides a fund of money to clean up uncontrolled or abandoned hazardous waste sites as well as accidents and spills.

 

is proactive in nature.

 

A bailment is the legal relationship created when a person gives title of property but not possession to the property to another for a specific purpose.

 

True

 

False

 

A nonregistered stock:

 

can be negotiated by whoever possesses the stock.

 

exists in the form of a stock certificate.

 

is a type of a debt security.

 

represents a loan to the company which the company promises to repay with interest.

 

Which of the following forms of holding a property is specific to married couples?

 

Sole ownership

 

Joint tenants with right of survivorship

 

Tenants by the entirety

 

Tenants in common

 

A _____ is the one who gifts his personal property to someone.

 

testator

 

tenant

 

donor

 

grantor

 

Which of the following is the final appellate court?

 

United States Supreme Court

 

Claims Court

 

Federal Circuit Court of Appeal

 

Tax Court

 

The collective bargaining agreement:

 

contains only permissive subjects of bargaining.

 

helps the employer in thwarting the formation of a union.

 

does not provide any means of resolving conflicts.

 

contains all relevant issues that may arise in the workplace.

 

According to the Sarbanes-Oxley Act, an attorney has the duty to "report up" any evidence of material violation by an issuer, its officer, director, employee or agent. Here reporting up means:

 

filing suit against the directors for the violation.

 

reporting the violations to a chief legal officer or qualified legal compliance committee.

 

publishing the violation in the media.

 

informing the shareholders about the violation.

 

Which of the following is the most useful alternative dispute resolution method when the parties wish to maintain an ongoing relationship but simply need help resolving the present conflict?

 

Mediation

 

Conciliation

 

Litigation

 

Coalition

 

A(n) _____ states that even if all the allegations made by the plaintiff are true, there is a defense to the allegation, and the plaintiff should lose.

 

motion

 

counterclaim

 

cross-claim

 

affirmative defense

 

If an Environmental Impact Statement is required, the responsible agency must publish a notice of intent (NOI) in the Federal Register, indicating intent to prepare a draft environmental impact statement (DEIS) and the date and place of any scoping meeting.

 

True

 

False

 

If the one being defrauded actually knows he or she is entering into a contract, but has been told untruths about significant parts of the contract that form the basis of the bargain then it is an example of:

 

unconscionability.

 

fraud in the inducement.

 

undue influence.

 

duress.

 

The very first thing a party with a conflict should do is to attempt mediation with the other party to the dispute.

 

True

 

False

 

Tenants by the entirety is a form of holding property that is specific to married couples.

 

True

 

False

 

Color and race are one and the same.

 

True

 

False

 

The UN Convention on the International Sale of Goods (CISG) treaty is adopted by the United States.

 

True

 

False

 

 

 

 

 

When a stock is represented in electronic form it is known as a noncertificated stock.

 

True

 

False

 

The concept of _____ requires businesses to consider the potential environmental impact of a product and the process used to make that product.

 

designing for the environment

 

upcycling

 

social sustainability

 

scoping

 

In which of the following types of corporation the outstanding shares of stock are held by a small number of persons, frequently family relatives or friends?

 

Closely held corporation

 

Nationalized corporation

 

Decentralized corporation

 

Public corporation

 

Under the UCC, an acceptance with varied terms terminates the original offer.

 

True

 

False

 

An endangered species is one that is in danger of extinction throughout all or a significant portion of its range.

 

True

 

False

 

Torts are:

 

quasi contracts.

 

violations of law that are civil in nature.

 

optional contracts.

 

violations of law that are criminal in nature.

 

Which of the following is one of the defenses to negligence?

 

The tort was committed in defense of self or others.

 

The plaintiff contributed to the injury by doing a negligent act him- or herself.

 

The tortfeasor did not have the intent to harm.

 

The tortfeasor was as careful as possible.

 

(n) _____ property is a personal property to which an owner has relinquished all right and title and which is not given to someone through a validly executed will.

 

mislaid

 

abandoned

 

lost

 

bequeathed

 

A _____ is a federally protected intellectual property that generally protects authors, illustrators, photographers, musical composers.

 

license

 

trademark

 

patent

 

copyright

 

The Sixth Amendment establishes our constitutional right to an attorney through the important phases of the criminal process.

 

True

 

False

 

Entrenchment happens especially when the acquiring firm and the acquired firm are near monopoly.

 

True

 

False

 

Nonbinding arbitration is known as mediation.

 

True

 

False

 

Which of the following types of intellectual property consists of any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish his or her goods from those manufactured or sold by others?

 

License

 

Trademark

 

Patent

 

Copyright

 

 

 

 

 

 

 

_____ is the easiest and the cheapest alternative dispute resolution method.

 

Arbitration

 

Summary jury trial

 

Mediation

 

Conciliation

 

With reference to assignment, the party who assigns their right is a(n) _____.

 

obligee

 

assignor

 

delegator

 

obligor

 

Which of the following terms best describes conciliation?

 

Mediation

 

Arbitration

 

Negotiation

 

Mitigation

 

Identify the correct statement regarding security.

 

A security is a type of chattel paper.

 

Stock is one type of security.

 

Debt securities represent investors buying ownership in a company.

 

A security is not a negotiable instrument.

 

The Clayton Act declared exclusive dealing contracts unlawful.

 

True

 

False

 

A _____ is patentable.

 

law of nature

 

distinct and new variety of plant produced asexually

 

fundamental scientific principle

 

mathematical formula

 

Cartels are prohibited under §1 of the Sherman Act.

 

True

 

False

 

Which of the following terms best describes the decision reached by an arbitrator?

 

Endorsement

 

Award

 

Agreement

 

Prize

 

In the European Union (EU), almost all the antitrust enforcement is done by the:

 

European Council.

 

Court of Justice.

 

European Parliament.

 

European Commission.

 

In the context of initial public offering, which of the following documents best represents a preliminary prospectus whose purpose is to give potential investors as much information as possible before the sale is actually consummated and which is issued prior to the final prospectus being filed with the SEC?

 

Annual report

 

Proxy solicitation

 

Article of incorporation

 

Red herring prospectus

 

If a terminated employee stands outside the restaurant from which he was fired and falsely tells approaching customers that the restaurant uses horsemeat in its hamburgers rather than beef, the restaurant owner can successfully sue the ex-employee for:

 

intrusion upon seclusion.

 

assault.

 

disparagement.

 

battery.

 

If an offer is made but before it can be accepted the subject matter of the offer becomes illegal then what will happen to the offer?

 

It becomes an option contract.

 

It is considered as an executed contract.

 

It is terminated.

 

It becomes a contract implied in fact.

 

Ethical issues have always been at the heart of labor-management relations.

 

True

 

False

 

The grantee of the estate for years can grant the land to someone else for life estate.

 

True

 

False

 

The legal system that exists in most of the Oceania is based on the customary law.

 

True

 

False

 

According to the principle of stare decisis:

 

federal courts can not consider those cases that represent hypothetical issues.

 

a case can be considered ripe if it rests upon future, contingent events.

 

judicial reasoning that is unnecessary to a decision has no binding effect on later courts.

 

courts are encouraged to follow their own prior decisions.

 

Which of the following statements is true regarding the sociological theory?

 

This theory is based on a premise that there is a discoverable set of absolute right and wrong principles upon which our laws should be based.

 

According to this theory, law should change as societal ideas change.

 

According to this theory, to the extent laws reflect laws of nature, or God, the laws are considered "good" ones. To the extent they do not, they are "bad."

 

This theory is based on the premise that law derives its status as law from the fact that it has been enacted by the sovereign with the power to enforce his or her wishes.

 

The Federal Circuit Court of Appeal has appellate jurisdiction over the U.S. Claims Court.

 

True

 

False

 

Palming off is also known as injurious falsehood.

 

True

 

False

 

Which of the following is also known as a quasi contract?

 

A contract implied in law

 

An unenforceable contract

 

A contract implied in facts

 

A voidable contract

 

 

 

Which of the following organizations is part of the executive office of the President and it is the official U.S. representative in all activities concerning the GATT?

 

Office of Management and Budget

 

Office of the U.S. Trade Representative

 

Administrative Office of the U.S. Courts

 

Office of Special Counsel

 

The public gets _____ days to comment, after which the final Environmental impact Statement is reported upon.

 

90

 

45

 

60

 

75

 

There are four main federal laws that form the statutory basis for _____.

 

unionization

 

arbitration

 

bargaining

 

grievance

 

The bona fide occupational qualification (BFOQ) defense is legalized discrimination.

 

True

 

False

 

Identify the crime that uses unfair marketing techniques and conduct designed to eliminate competition through unfair means.

 

Insider trading

 

Antitrust crimes

 

Embezzlement

 

Ponzi scheme

 

Which of the following best represents a compilation of the most common approaches to states' common law of contracts, but is not, in and of itself, law?

 

Code of Federal Regulations

 

Federal Register

 

Restatement of Contracts

 

Uniform Commercial Code

 

 

 

According to federal jurisdiction a case will have sufficient standing if the case:

 

represents a hypothetical issue.

 

rests upon future contingent events.

 

has sufficient connection to the law challenged.

 

involves diversity of citizenship.

 

Generally, the cost of arbitration is more than litigation.

 

True

 

False

 

If an offer is made but before it can be accepted the subject matter of the offer becomes illegal, the offer is terminated.

 

True

 

False

 

The most important duty of the principal toward his agent is to indemnify the agent for expenses incurred within the scope of the agency.

 

True

 

False

 

The executive branch of the government has primary responsibility for enacting laws.

 

True

 

False

 

One of the requirements of a valid contract is mutual assent and mutual assent ensures that those who enter into agreements understand the nature and effect of their agreements.

 

True

 

False

 

If and when a corporation decides to "go public" it offers its shares for sale through a(n) _____.

 

initial public offer

 

equity carve-out

 

follow-on public offer

 

book closure

 

 

 

 

 

If a corporation is holding an annual meeting for the purpose of voting on a board of directors, Rule 14 requires that the proxy be accompanied by a(n) _____ containing financial information on the corporation.

 

annual report

 

statement of information

 

registration statement

 

red herring prospectus

 

A tortfeasor can be held liable for an intentional tort only if it results in an injury.

 

True

 

False

 

Most business crimes are referred to as _____ crimes.

 

blue collar

 

violent

 

white collar

 

hidden

 

Using old wooden pallets for lawn furniture is an example of upcycling.

 

True

 

False

 

Which of the following statements is true regarding a mock trial?

 

This mechanism is used by administrative agencies wishing to avoid protracted litigation with interested groups over regulations which the agency wants to issue.

 

It involves assembling ordinary citizens and then asking them to act like a jury.

 

It is generally carried out after the case has been filed with the court.

 

Lawyers for both sides assemble a panel of neutral advisors and high-ranking business executives with settlement authority from each business.

 

_____ is a type of intentional tort that involves the intentional, unpermitted, or offensive touching of the body of another.

 

Assault

 

Defamation

 

Battery

 

False Imprisonment

 

 

 

 

 

 

 

 

 

Gray market goods:2013_QC_30971

 

are manufactured in the United States.

 

are the same as the counterfeit goods.

 

are imported into the U.S without consent of the American trademark holder.

 

do not bear a valid U.S. trademark.

 

In 1997, a group of interested nations negotiated a treaty with the goal of stabilizing greenhouse gas concentration in the atmosphere at a level that would not harm the climate. This treaty was known as the:

 

Bonn Protocol.

 

Hague Protocol.

 

Kyoto Protocol.

 

Montreal Protocol.

 

The legal system existing in most of the South America is based on the _____ law.

 

customary

 

common

 

civil

 

muslim

 

The relationship between the union and management is governed by a(n):

 

yellow dog contract.

 

open shop contract.

 

union contract.

 

agency contract.

 

Acts violating criminal law are called torts.

 

True

 

False

 

In the case of an agency relationship, which of the following terms best represents the one for whom the work is performed?

 

Principal

 

Fiduciary

 

Independent contractor

 

Dealer

 

 

 

 

 

Which of the following is a legal document that gives title to the property to the owner?

 

Will

 

Summons

 

Covenant

 

Deed

 

A trial that takes place before a judge and a jury is known as a bench trial.

 

True

 

False

 

A _____ is an unincorporated business owned by a single individual.

 

general partnership

 

limited partnership

 

sole proprietorship

 

limited liability company

 

_____ is an example of a crime included under the public corruption category.

 

Copyright violation

 

A federal public official engaged in covert payoffs

 

Embezzlement

 

Securities fraud

 

A security is defined as a _____ that represents financial value.

 

negotiable instrument

 

contract

 

deed

 

chattel paper

 

Identify the correct statement regarding an alternative dispute resolution (ADR) program attached to the court.

 

It increases court docket congestion.

 

It lightens the court's caseload.

 

It increases wait for court dates for litigants.

 

It increases the cost of dispute resolution.

 

 

 

 

 

 

 

Which of the following is most likely to identify the producer rather than the products or services produced?

 

Patent

 

Trade name

 

Copyright

 

Trademark

 

Which of the following is governed by statutes of limitation?

 

The time frame for filing lawsuits

 

The cases of first impression only

 

The fee arrangements between an attorney and his/her clients

 

The use of electronically stored information in a lawsuit

 

The Norris-LaGuardia Act of 1935 upheld contracts that required employees to pledge that they did not belong to a union and would not join one while working for the employer.

 

True

 

False

 

Price sharing by trade associations is regarded anticompetitive when:

 

sharing involves data pertaining to past prices.

 

identification of individual customers is not required.

 

sharing only includes the exchange of past statistical data.

 

members are required to make daily reports.

 

_____ includes land and anything permanently attached to it such as houses.

 

Tangible personal property

 

Real property

 

Intangible personal property

 

Intellectual property

 

Identify the correct statement regarding the alternative dispute resolution (ADR) mechanism.

 

Usually it is more expensive than litigation.

 

ADR outcomes are crafted by the parties.

 

Very few disputes are resolved by the ADR mechanism.

 

Usually it is more time consuming than litigation.

 

 

 

 

 

Which of the following types of contracts only buys the offeree time to accept or reject the offer and does not mean the offeree must accept?

 

Unenforceable contract

 

Option contract

 

Void contract

 

Express contract

 

Blank forms are not copyrightable.

 

True

 

False

 

Which of the following is the next most frequent ADR mechanism after conciliation?

 

Shuttle diplomacy

 

Litigation

 

Conciliation

 

Arbitration

 

Identify the correct statement regarding assault.

 

All threats are assault.

 

The act can be toward an animal or property.

 

The victim should be deathly afraid.

 

It must appear that the unwanted act is imminent.

 

Subject Business
Due By (Pacific Time) 08/10/2015 12:00 am
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