ETH 321 Week 5 Final Exam 98.33% Correct

A __________ is the simplest and least expensive business institution to create.

            

 

partnership

            

 

sole proprietorship

            

 

limited liability company

            

 

corporation

 

2

The __________ is the constitutional provision that details the federal government’s power to regulate business activities.

            

 

equal protection clause

            

 

Commerce Clause

            

 

supremacy clause

            

 

liquidated damages clause

 

3

Concerted efforts to lobby government officials, irrespective of their anticompetitive purposes, are given an exception from the Sherman Act under the __________.

            

 

incorporation doctrine

            

 

Colgate doctrine

            

 

overbreadth doctrine

            

 

Noerr-Pennington doctrine

4

In a state court system, lawsuits filed by parties typically begin at the __________.

            

 

trial court level

            

 

federal district court level

            

 

appellate court level

            

 

supreme court level

 

5. The Equal Employment Opportunity Commission was created through the __________.

            

 

Civil Rights Act

            

 

National Labor Relations Act

            

 

Americans with Disabilities Act

            

 

Age Discrimination in Employment Act

 

6

Courts determine whether the language of an offer was clear enough to result in a contract by:

            

 

investigating whether an offeree actually accepted the offer.

            

 

examining the objective intent of the offeror.

            

 

analyzing whether the terms of the acceptance matches the terms of the offer.

            

 

examining the adequacy of the consideration offered.

7

The petition for a writ of certiorari by the losing party of a litigation will be reviewed by the U.S. Supreme Court:

            

 

if there is a major conflict between the trial and appellate courts on the interpretation of federal law.

            

 

if the federal district courts and the courts of appeal correct the judicial errors charged against the state court.

            

 

if the winning party agrees to subsequent reviews.

            

 

if at least one of the nine justices vote to take the case.

 

8

Who among the following individuals commits a battery?

            

 

Vincent, the CEO of Gregon Inc., who pays media firms to circulate false information about Gregon’s chief competitor

            

 

Joan, the customer care manager in a retail store, who verbally threatens a customer who calls to complain about a faulty product

            

 

Amanda, who fires her employee Trevor without any notice and causes him severe mental distress

            

 

Yuki, who injures her boss Reese with a knife and inflicts serious injuries on him

 

 

9

Windy and Ruby plan to present a paper on intellectual property rights. They decide that Windy will present the arguments in favor of intellectual property rights and that Ruby will argue how intellectual property rights could be detrimental to businesses and their customers. Which of the following is most likely to be Ruby’s argument?

            

 

Intellectual property rights reduce the pace of research and development drastically.

            

 

Intellectual property rights result in a decrease in the availability of products.

            

 

Intellectual property rights do not allow businesses to charge premium prices for their products.

            

 

Intellectual property rights reduce businesses’ prospects of economic return on investment.

 

 

10

The term __________ refers to any change in the ownership of a business organization that would alter its legal existence.

            

 

consideration

            

 

rescission

            

 

dissolution

            

 

conversion

 

11

Which of the following statements is true of white-collar crimes?

            

 

They rarely occur in business environments.

            

 

They rarely affect consumers of a business.

            

 

They are dependent on the threat of physical force.

            

 

They are usually committed for personal financial gain.

 

 

 

12

Which of the following statements is true of a grand jury?

            

 

At least 20 members should be present on a grand jury to examine evidences and vote on a case.

            

 

A grand jury determines whether the accused in a lawsuit is innocent or guilty.

            

 

For an indictment to be returned, only one-third of a grand jury needs to agree that a crime has been committed.

            

 

A grand jury has the authority to subpoena business records relevant to a lawsuit.

 

 

 

 

 

13

According to the __________, the acceptance of an offer results in a binding contract only if it exactly matches the terms of the offer.

            

 

parol evidence rule

            

 

mirror image rule

            

 

mailbox rule

            

 

exclusive remedy rule

 

14

Which of the following statements is true of the Securities and Exchange Commission?

            

 

It lacks the authority to frame rules regarding transactions of securities.

            

 

Its members are either lawyers or security analysts.

            

 

Its members are appointed by the senate for a term of four years.

            

 

It is responsible for implementing the federal securities laws.

 

15

The __________ enacted in 1938 established minimum wage, overtime pay, and record-keeping requirements.

            

 

Worker Adjustment and Retraining Notification Act

            

 

Family and Medical Leave Act

            

 

Uniformed Services Employment and Reemployment Rights Act

            

 

Fair Labor Standards Act

 

 

16

Fuzo Inc., a manufacturer of leather bags, enters into a contract with a firm regarding the installation of a machine in Fuzo’s factory. Fuzo agrees to pay $1000 for the machine and another $200 as the installation charge. In this scenario, the terms of the sale will be covered under __________.

            

 

the Federal Arbitration Act

            

 

the Uniform Commercial Code

            

 

the Foreign Corrupt Practices Act

            

 

the Internal Revenue Code

 

 

 

17

Which of the following statements is true of alternative dispute resolution (ADR) systems?

            

 

The litigation process precludes the use of ADR systems.

            

 

ADR systems increase the costs incurred during the litigation process.

            

 

The parties to a dispute need not present the case to a jury before opting for ADR systems to settle the dispute.

            

 

ADR systems cannot be used for dispute resolution in contractual relationships unless they are specified in the contract.

 

 

18

According to the Commerce Clause, the power to regulate interstate commerce is vested with __________.

            

 

state governments

            

 

the federal government

            

 

state-level courts

            

 

the U.S. Supreme Court

 

 

19

Which of the following scenarios illustrates a bilateral contract?

            

 

Sameera, a writer, signs a contract with her publisher to publish her book.

            

 

Helen, a painter, signs a contract with an art gallery that agrees to purchase her painting for $2000.

            

 

Grapevine Inc. follows a five-day workweek system and also offers a compressed workweek option.

            

 

The management of Uno Inc. offers additional benefits to its employees annually.

 

20

A system of equally applied law is a necessity for the foundation of a strong, productive economy because it:

            

 

encourages strangers to make agreements on certainty and trust.

            

 

prohibits individuals from trading in modern private markets.

            

 

incentivizes private businesses to restrict job opportunities for well-educated people.

            

 

allows economically strong nations to exploit the resources of weaker nations.

 

 

21

How does law hold diverse people of different backgrounds into large, organized groups?

            

 

It discourages people from making agreements based on certainty and trust.

            

 

It tells the members of a society what they can and cannot do.

            

 

It allows strangers to adopt rules that support their beliefs.

            

 

It prevents enforcement institutions from enforcing written rules on strangers.

22

__________ refers to an agreement made between competitors in an industry to fix prices of their products.

            

 

Resale price fixing

            

 

Indirect price fixing

            

 

Vertical price fixing

            

 

Horizontal price fixing

 

The term __________ refers to the act of referring a matter to arbitration.

            

 

submission

            

 

litigation

            

 

conflict

            

 

settlement

 

 

24

Which of the following legal remedies to a breach of contract allows the parties to the contract to agree to abide by the decision of a third party or parties?

            

 

Rescission

            

 

Specific performance

            

 

Negotiated settlement

            

 

Arbitration

 

 

25

A(n) __________ refers to the individual or business entity offering a security for sale to the public.

            

 

seller

            

 

controlling person

            

 

underwriter

            

 

issuer

 

Which of the following scenarios illustrates a formalist approach to business decisions?

            

 

Selling products by deceiving customers about possible negative aspects of the products

            

 

Informing new customers about delays in production schedules

            

 

Monitoring employee browsing history without their consent to curb non-productive activities

            

 

Assigning significantly high productivity targets to reduce costs

 

 

27

Alan and Miriam are engaged in a debate on the importance of intellectual property rights. While Alan holds the view that intellectual property protection safeguards the interests of businesses, Miriam thinks that it ultimately puts businesses at a disadvantage by hampering the dissemination of information. Which of the following arguments is most likely to be raised by Alan to strengthen his proposition?

            

 

Intellectual property rights reduce businesses’ market share by facilitating competition.

            

 

Intellectual property rights reduce the pace of research and development drastically.

            

 

Intellectual property rights allow businesses to charge premium prices for their products.

            

 

Intellectual property rights result in an increased availability of products.

 

28

A business decision maker’s decision is more likely to raise ethical concerns in a society where:

            

 

there is a decrease in economic interdependence.

            

 

there is an increase in demand for public education.

            

 

the news media and the Internet have significant influence.

            

 

the family structure is stable.

 

 

29

__________ is a legal remedy to a breach of contract by which each party to the contract returns the consideration offered by the other.

            

 

Rescission

            

 

Arbitration

            

 

Negotiated settlement

            

 

Specific performance

 

30

The term __________ refers to the placing of an individual in immediate apprehension for his or her physical safety.

            

 

conversion

            

 

battery

            

 

assault

            

 

defamation

 

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