ETH321T Ethical and Legal Topics in Business

 

ETH321T Ethical and Legal Topics in Business

University of Phoenix

ETH321 Week 5 Apply Assignment SCORE 100 PERCENT 

ETH 321
Week 5 Apply Assignment

1. Millitech is a sports equipment manufacturer. It wants to form a merger with an athletic wear company. This would be a __________ merger.
o Horizontal
o Conglomerate
o Vertical
o Market extension

2. Identify the trade-restraining practice that this example demonstrates.
Tubifor, Inc. purchases all available imported lumber so it can resell it at a quantity and rate that it prefers.
o No illegal practice
o Illegal boycott
o Controlling output
o Price fixing
o Division of markets

3. Determine which type of merger has occurred for this scenario.
GrillerTech manufactures propane grills for cooking. It wants to form a merger with Tinseltech, a party favor manufacturing company. This would be a __________ merger.
o Vertical
o Market extension
o Horizontal
o Conglomerate

4. Millcorp sells wetsuits for deep sea divers. It recently engineered a new material for its wetsuits to better hold in the wearer’s body heat. After a close encounter with a shark, a customer discovers that the new material protects against shark bites. Soon after, Millcorp’s sales explode and it achieves 90% market share in diver wetsuits. Which of the following best describes this situation?
o Millcorp can likely be found guilty of pursuing monopoly power.
o Millcorp has a lawful natural monopoly
o Millcorp does not have a monopoly.
o Millcorp has a lawful innocent acquisition of a monopoly.

5. Identify the trade-restraining practice that this example demonstrates.
Two retailers decide that they will both sell no more than 100 premium TVs per month in order to maintain the quality image of the TVs.
o Controlling output
o No illegal practice
o Illegal boycott
o Division of markets
o Price fixing

6. Funtech is a toy manufacturer. It wants to form a merger with one of the toy stores that buys its toys. This would be a __________ merger.
o Vertical
o Conglomerate
o Market extension
o Horizontal

7. Gilcorp wants to increase its profitability. It tries to gain new customers by offering a cash bonus to customers who switch to its service from another company. Which of the following is true of this action?
o This is illegal per se.
o This is legal.
o This is legal as long as no agreements are made with a competitor.
o This may be illegal under the rule of reason.

8. For the scenario below, determine the legality of the company's actions.
Ioncorp sells cabinets nationwide to the furniture company Blinkorp. It makes an agreement that Blinkorp will only sell Ioncorp cabinets in its warehouses.
o Impossible to determine legality
o Illegal, depending on impact
o Most likely legal
o Strictly illegal

9. For the scenario below, determine the legality of the company's actions.
Lilcorp manufactures budget speaker systems for Bigcorp. It arranges an agreement wherein Bigcorp may not charge more than $300 for a speaker system.
o Strictly illegal
o Impossible to determine legality
o Illegal, depending on impact
o Most likely legal

10. Government agencies generally have power to do all but which of the following?
o Enforce substantive laws after following a predesignated procedural law process.
o Make definitions concerning acceptable and unacceptable parameters within the scope of the agency’s purpose.
o Create a new agency in order to address important goals under the mandate of the law which created the agency.
o Enforce punishments for violators of public policy.

11. Identify the trade-restraining practice that this example demonstrates.
The CEOs of two pharmaceutical companies are having lunch. They discuss the unfair costs of ordering from a manufacturer that supplies to both companies. The CEOs decide that they will no longer work with the unfair pricing of the manufacturer.
o Division of markets
o No illegal practice
o Price fixing
o Controlling output
o Illegal boycott

12. For the scenario below, determine the legality of the company's actions.
Guncorp is selling rifles to a retailer Sportsacorp. In order for Sportsacorp to purchase a shipment of rifles, Guncorp requires that Sportsacorp also purchase a shipment of pistols.
o Strictly illegal
o Impossible to determine legality
o Illegal, depending on impact
o Most likely legal

13. Identify the trade-restraining practice that this example demonstrates.
Company A and Company B discuss average industry prices.
o Price fixing
o Division of markets
o Controlling output
o No illegal practice
o Illegal boycott

14. For the scenario below, determine the legality of the company's actions.
Wreckorp wants to maintain an exclusivity image for its product line of sports equipment. It limits its distribution to 100 stores in each region.
o Illegal, depending on impact
o Most likely legal
o Impossible to determine legality
o Strictly illegal

15. Flippatech is a home furnishings manufacturer. It wants to form a merger with SleepzCorp, another home furnishings manufacturer. This would be a __________ merger.
o Horizontal
o Conglomerate
o Market extension
o Vertical

16. Bernie just started a business and is trying to raise capital. He has both accredited and non-accredited investors investing in the company. What constraints on investments for new businesses apply here?
o Investors' allowable investment depends on the accredited or non-accredited status.
o Investors may invest no more than $1 million combined for the first year of the business.
o Investors may invest a combined $50 million within a 12-month period.

17. Wendy wants to start a business. She knows many unaccredited investors who she knows will help her jumpstart her business. What constraints on investments for new businesses apply here?
o Investors may invest a combined $50 million within a 12-month period.
o Investors' allowable investment depends on the accredited or non-accredited status.
o Investors may invest no more than $1 million combined for the first year of the business.

18. Jewelcorp just began trading securities. The company is a closely-held corporation with several dozen shareholders and $10 million in assets. Which of the following is true concerning the company’s requirement to report to the SEC?
o Required to report major business developments and must file annual and quarterly financial reports.
o Requirement to file depends on the company’s assets and shareholder base.
o Not required to report information to the SEC.
o Must file annual and quarterly financial reports

19. Bekah is an adviser for the company Vicoltech, which deals heavily in investments. Bekah also advises several other clients in her state, but no clients outside of her state. Before the Dodd-Frank Act was passed, Bekah was exempt from registration and reporting requirements with the SEC. When the Dodd-Frank Act was passed:
o Bekah was still exempt from the SEC’s reporting requirements.
o Bekah was required to register with the SEC, but not required to report information to the SEC.
o Indeterminable with current information
o Bekah was required to begin reporting information to the SEC.

20. Yittercorp regularly trades in securities on a national exchange. The company is a widely-held corporation with 600 shareholders and $15 million in assets. Which of the following is true concerning the company’s requirement to report to the SEC?
o Not required to report information to the SEC.
o Requirement to file depends on the company’s assets and shareholder base.
o Required to report major business developments and must file annual and quarterly financial reports.
o Must file annual and quarterly financial reports

21. Which of the following places the events in the correct order?
o Public comment period; Concept release; Rule proposal; Amendment of rule proposal; Rule adoption
o Concept release; Rule proposal; Public comment period; Amendment of rule proposal; Rule adoption
o Rule adoption; Concept release; Rule proposal; Public comment period; Amendment of rule proposal
o Amendment of rule proposal; Rule adoption; Concept release; Rule proposal; Public comment period

22. Fancorp regularly trades in securities on a national exchange. Which of the following is true concerning the company’s requirement to report to the SEC?
o Required to report major business developments and must file annual and quarterly financial reports.
o Not required to report information to the SEC.
o Must file annual and quarterly financial reports
o Requirement to file depends on the company’s assets and shareholder base.

23. Horace is trying to start a business. He knows several accredited investors who he knows will help him jumpstart his business. What constraints on investments for new businesses apply here?
o Investors may invest no more than $1 million combined for the first year of the business.
o Investors may invest a combined $50 million within a 12-month period.
o Investors' allowable investment depends on the accredited or non-accredited status.

24. Gillcore is about to go public and begin selling securities. As a new public company, what steps must Gillcore take in order to stay in line with the requirements of the Securities Act?
o This company must file a registration statement and prospectus with the SEC.
o As a new public company it does not need to take any special action.
o The company's obligations depend on what type of company it is and what type of securities it is offering.

25. Nation A has a contract with Nation B which it breaks. The International Court of Justice is asked to offer a decision resolving the matter. Which of the following is false?
o The ICJ can bind Nations A and B to an agreement even if there is no legal precedent for the situation.
o ICJ cannot deviate from similar decisions it has made on contract breaches before.
o The ICJ will examine the custom of law used heretofore to help determine the right decision.
o The ICJ will not hear the case if a party is not a UN member state.

26. Determine the legality of the transaction.
KlineCorp wants to conduct business with Company B in another country. While visiting Company B, the management team of Company A offers some of the foreign employees some free products from their company.
o Illegal bribe
o Legal or illegal, depending on the purpose
o Legal bribe

27. The citizens of France, Belgium, and Finland are upset by a recent trade law enacted in the European Union which they feel negatively impacts their respective economies. In order to resolve their concerns, they would turn to:
o The European Council
o The European Commission
o The European Parliament

28. Nation A has expansive manufacturing capabilities, and, therefore, its economy focuses on selling goods to other countries. Country B buys goods from Country A but can't pay for the goods until it makes money from its own exports. It would look to _______ for assistance.
o The World Bank
o The Bank for International Settlement
o The International Monetary Fund

29. Determine the legality of the transaction.
Tichatech is trying to pierce the global marketplace. When the CEO meets with a foreign prime minister, he offers him a vacation package to show his goodwill toward the country.
o Illegal bribe
o Legal bribe
o Legal or illegal, depending on the purpose

30. Nation A has a political dispute with Nation B. The nations are at odds, but they agree to let a mediator hear the dispute. Which group would hear and decide on the nations’ dispute?
o The Security Council
o The Secretariat
o The International Court of Justice
o The General Assembly

Blinkorp is selling toys to retailers across the nation. Depending on the season, the company may make its toys with either higher-cost domestic plastics or lower-cost foreign plastics. The retailers who purchase from Blinkorp complain about the different prices caused by the differently-priced materials. Which of the following is true?
o Blinkorp is justified in charging different prices because it needs to meet the price of competition nationwide.
o Blinkorp is justified in charging different prices because the toy industry is so flexible and fluid.
o Blinkorp is engaging in price discrimination against the retailers and must equalize its prices.
o Blinkorp is justified in charging different prices because of the differing production costs.

Nation A is new at developing monetary policy and lacks the expertise to develop a high-performing financial system. It would look to _______ for assistance.
o The World Bank
o The International Monetary Fund
o The Bank for International Settlement

Identify the trade-restraining practice that this example demonstrates.
Company A and Company B both work in the candy industry. They agree that Company A will only sell chocolate to Company C and Company B will only sell fruit candies to Company C.
o Controlling output
o Price fixing
o No illegal practice
o Division of markets
o Illegal boycott

Chloe has her own office where she generates investment advice for companies. She is compensated for her advice. Which of the following is false?
o Chloe does have to be a registered adviser even if she only publishes informational analyses and reports concerning specific investments.
o Chloe does have to be a registered adviser even if she only advises for one company.
o Chloe does not have to be a registered adviser if she doesn’t have authority to make investment choices for her clients.
o Chloe does not have to be a registered adviser if all of her clients are in the same state as her office.

Kathleen works for an accounting firm, Securate, as an auditor. Kathleen’s firm provides many services including auditing services, investment consulting, and tax assistance. Kathleen is working on an audit for a company that Securate also does consulting for. Which of the following is true?
o Kathleen may not assist in consulting for the company.
o Kathleen may not assist in consulting services for the company unless she is an officer in the company.
o Kathleen may assist in consulting services for the company without restriction.
o Kathleen may assist in consulting services for the company as long as she makes notice of a conflict of interest.

                              

ETH321T Week 4 Apply Assignment SCORE 95 PERCENT 

1. Bookmark question for later
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Tyson gets his employees to sign an employment agreement which has extra contract obligations hidden in small, almost invisible type.
o Guilty – Fraud in the execution
o Not Guilty
o Guilty – Undue influence
o Guilty – Duress

o
2. Bookmark question for later
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Penn contracts with Lisa to do a landscape architecture project on Lisa’s property. Before the contract starts, a local city ordinance is instituted which severely limits citizens’ ability to plant certain types and numbers of plants in order to conserve water. Penn and Lisa now need to institute a(n) __________.
o Force majeure renovation
o Novation
o Substitution
o Accord and satisfaction

o
3. Bookmark question for later
Based on the details of the scenario, determine what will most likely occur.
Jillian and Chase are making a contract in which Jillian ships beaver pelts to Chase, who then makes the pelts into hats to sell. A year into their contract, it becomes illegal to buy or sell beaver pelts in the U.S.
o Contract will be modified
o Contract is valid
o Contract is voided, subject to investigation
o Contract is voided

o
4. Bookmark question for later
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Kyle has already contracted with Vick on a construction project. After some disagreement on materials, location, and deadlines, they decide that the original contract is no longer valid. Kyle and Vick now need a(n) __________.
o Novation
o Accord and satisfaction
o Substitution
o Force majeure renovation
o
5. Bookmark question for later
Tanner has too much work to do to fulfill his contract obligations to Fin. He tells his employee Lil to take care of his duties instead. Determine the status of each person.
o Tanner: Delagatee; Lil: Delegator; Fin: Obligee
o Tanner: Obligee; Lil: Delagatee; Fin: Beneficiary
o Tanner: Beneficiary; Lil: Delagatee; Fin: Obligee
o Tanner: Delegator; Lil: Delagatee; Fin: Obligee
o
6. Bookmark question for later
Based on the details of the scenario, determine what will most likely occur.
Stewie, aged 16, has a contract with his guardian to do chores as payment for his food and housing. Stewie decides the contract is unfair and stops doing his chores.
o Contract will be modified
o Contract is voided
o Contract is valid
o Contract is voided, subject to investigation
o
7. Bookmark question for later
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Lucy agrees over the phone with Daryl to sell him “the pretty necklace in the window” in Lucy’s pawn shop. Lucy sends Daryl the wrong necklace from a different window.
o Guilty – Fraud in the execution
o Guilty – Duress
o Guilty – Undue influence
o Not Guilty

o
8. Bookmark question for later
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Rusty is a landlord over the apartment Pierre lives in. Pierre is unable to make rent payments, so Rusty makes Pierre do renovation labor on the apartments every day for 6 hours as payment instead. He also makes Pierre sign a contract that he will not move until he catches up to his late payments.
o Not Guilty
o Guilty – Undue influence
o Guilty – Duress
o Guilty – Fraud in the execution
o
9. Bookmark question for later
Match the status/existence of a contract with the scenario.
Larry posts on the internet that he is offering in-home interior design consultations and that interested customers should schedule an appointment and pay a consultation fee on his website. Brenda sends in a letter with a payment and a scheduled time for Larry to go to her house for a consultation. Which of the following is most likely true?
o Contract created
o Contract not created
o Insufficient information to determine
o
10. Bookmark question for later
Which of the following would not qualify as valid consideration?
o Laura buys $100 worth of clothes from Martha on credit.
o Bill rents an apartment from his landlord.
o Spencer and Linda sign a contract where Linda buys all her lumber from Spencer and Spencer sells as much lumber to Linda each week as he wants.
o Marcy pays Jim a dollar for every bag of tin cans he picks up for recycling.

o
11. Bookmark question for later
Based on the details of the scenario, determine what will most likely occur.
Melinda has a contract to pay 13% interest on a personal loan for 5 years. She decides the rate is unfair and files a complaint in court.
o Contract is voided
o Contract is voided, subject to investigation
o Contract will be modified
o Contract is valid

o
12. Bookmark question for later
Read the scenario and determine what needs to take place based on the resolutions described in the text.
Sue has contracted with Rick to do a landscaping project on her property when she sells the whole property to Sylvia. Sylvia decides she will continue to have Rick do the landscaping project. The parties now need a(n) __________.
o Novation
o Force majeure renovation
o Substitution
o Accord and satisfaction

o
13. Bookmark question for later
Demonstrate your knowledge of the different types of remedy for breached contracts by filling in the blank.
When a breach of contract results in no tangible harm to a non-breaching party, it can receive __________  damages from the breaching party.
o Punitive
o Compensatory
o Consequential
o Nominal

o
14. Bookmark question for later
What is the most likely status of the contract for the scenario?
Jena is contracting with Brigham to purchase his car. Before the sale, a tree falls on Brigham’s car, ruining it. The contract is most likely:
o Void
o Enforceable
o Voidable

o
15. Bookmark question for later
For the scenario, determine if the party is guilty and what is “at play” related to agreement between parties.
Joy threatens Winston at knifepoint to sign a prenuptial agreement until he complies.
o Guilty – Fraud in the execution
o Not Guilty
o Guilty – Undue influence
o Guilty – Undue influence

o
16. Bookmark question for later
Based on the scenario, what is the classification of the tenancy?
Lionel had a rental agreement with Kris for Kris to lease storefront space for 5 years. 5 years has passed, but Kris still uses the space and pays Lionel rent. Kris’s tenancy is best classified as:
o Periodic tenancy
o Tenancy at sufferance(Incorrect)
o Tenancy for years
o Tenancy at will

o
17. Bookmark question for later
Which of the following shows the correct answer for examples of arbitrary trademarks?
o Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Example
o Target, a retail store: Non-Example; Band-aid, a bandage manufacture: Non-Example
o Target, a retail store: Example; Band-aid, a bandage manufacture: Example
o Target, a retail store: Example; Band-aid, a bandage manufacture: Non-Example
o
18. Bookmark question for later
Determine the ownership status for the scenario below.
Phyllis offers property to a university on condition that the space is used for recreational use only. Ten years later, the university builds a math lab on the property. Phyllis does not repossess the property. Ownership of the property up to this point has been:
o Fee simple subject to a condition subsequent
o Fee simple absolute
o Fee simple determinable
o Indeterminable with the given information

o
19. Bookmark question for later
Does the following pass the “test” of utility?
A prototype for a drone that can dig soil.
o Does not pass test
o Passes test

o
20. Bookmark question for later
Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Lenny, an Italian chef, has his son Giovanni plant a camera in the kitchen of competitor in order to learn the competitor’s secret recipe.
o Trade secret is protected
o Answer dependent on additional details not provided
o Trade secret may be used by others
o Trade secret exists
o Trade secret does not exist (Incorrect)

o
21. Bookmark question for later
Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Orlando works for a manufacturing company in its research and development division. After years of research and testing, Orlando finally discovers the secret to a competitor’s efficient manufacturing process.
o Trade secret does not exist
o Answer dependent on additional details not provided
o Trade secret is protected
o Trade secret exists
o Trade secret may be used by others

o
22. Bookmark question for later
Does the following pass the “test” of novelty?
A design for a plate that turns into a bowl.
o Does not pass test
o Passes test

o
23. Bookmark question for later
Which of the following would most likely be considered fair use?
o Making photocopies of an artist’s canvas and selling them
o Copying the blueprints for a stylish building to be used for building your own replica.
o Copying a poem by an amateur poet and publishing it as your own in a poetry contest.
o Showing a clip of a new movie to draw audiences to come watch the movie in theatres
o
24. Bookmark question for later
Does the following pass the “test” of novelty?
A design for a chair that folds.
o Passes test
o Does not pass test
o
25. Bookmark question for later
Does the following pass the “test” of non-obviousness?
A machine that folds shirty perfectly.
o Does not pass test
o Passes test

o
26. Bookmark question for later
Examine the scenarios to determine the protected status, unprotected status, existence, or non-existence of a trade secret.
Jake’s company uses a unique ergonomics and organization system to help employees work more efficiently. The company wants Jake to sign a non-disclosure agreement not to expose the system.
o Answer dependent on additional details not provided
o Trade secret is protected
o Trade secret exists
o Trade secret may be used by others
o Trade secret does not exist

o
27. Bookmark question for later
Determine the ownership status for the scenario below.
Victoria has been paying a mortgage on her property for the past 30 years. When Victoria pays the last payment on her mortgage, her ownership interest in the property will be:
o Fee simple absolute
o Fee simple subject to a condition subsequent
o Indeterminable with the given information
o Fee simple determinable

o
28. Bookmark question for later
Which of the following shows the correct answer for examples of suggestive trademarks?
o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Example
o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Example
o Hot Wheels, a brand of toy cars: Non-Example; Lenovo, a computer manufacturer: Non-Example
o Hot Wheels, a brand of toy cars: Example; Lenovo, a computer manufacturer: Non-Example
o
29. Bookmark question for later
Based on the scenario, what is the classification of the tenancy?
Darla moves into one of Bret’s spare rental units while Bret is away on vacation. Bret doesn’t even notice Darla’s presence until several months later. Darla’s tenancy is best classified as:
o Tenancy at will
o Tenancy at sufferance
o Periodic tenancy
o Tenancy for years

o
30. Bookmark question for later
Determine the type of property involved for each example.
Cecil leaves his jacket on a bench in the park. He never goes back to look for it. The jacket is:
o Mislaid Property
o Abandoned Property
o Gift or Inheritance

   

ETH321 Week 3 Apply Assignment SCORE 100 PERCENT 

ETH 321

Week 3 Apply Assignment

1.     Which crime is BEST represented by the following situation? 

Jeff decides that it is time to clean up his act and stop manufacturing bong pipes in his basement. He uses $15,000 from bong pipe sales to open a children’s toy store. The next day, the police bust Jeff for his sale of drug paraphernalia.

o   Robbery o   Money Laundering o   Larceny o   Embezzlement

2.    Penny is seen organizing racks at a local clothing store one day while she shops, and the manager offers her a job. The next day, Penny’s boss from the clothing store across the street comes in and accuses the manager of trying to interfere with Penny’s non-competition agreement. Which of the following is true?

o   The manager is interfering with Penny’s business relationship with her boss. o   The manager has committed legitimate interference with a contractual relationship o   The manager has done nothing wrong because non-competition agreements are never used in clothing retail. o   The manager has done nothing wrong.

3.    While on a hike with a tour group in the mountains, Derek gets mauled by a bear. No previous reports of bears in the area had been made.  Derek wants to hold the tour company liable for his injury. Which of the following is most likely true?

o   Because most people would not expect something as dangerous as a bear encounter while on a hike, an assumption of risk defense will probably not protect the tour company. o   Derek cannot hold the tour company liable because there is no way to prepare for or avoid a bear attack. o   Because hiking is known to have some elements of danger, Derek assumed the risk of a bear attack by joining the tour group. o   The company is not at fault because it does not owe Derek a duty of care.

4.    NuKere, a nuclear plant, accidently leaks hazardous waste onto a nearby property, despite having recently passed a rigorous set of safety checks. Under standards of strict liability, which of the following is true?

o   Nukere cannot be held liable because anyone living nearby assumes the risk of hazardous waste toxicity. o   NuKere cannot be held liable, as it just passed a strict set of safety checks. o   Nukere should be held liable because of the dangerous nature of hazardous waste. Regardless of safety checks, the accident happened. o   NuKere can be held liable only if there is concrete physical evidence of harm to people or property.

5.     Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)

Jesse’s mother dies.  Due to the trauma, Jesse breaks into an ice cream shop and steals all the ice cream and is later caught.

o   Entrapment o   Diminished Capacity o   Mistake of Law

6.    Eduardo is working his way up the ladder in the world of amateur boxing. He makes a stinging remark about his next opponent on TV by saying that his opponent is a coward who probably practices boxing by beating up his wife. Which of the following is true?

o   Eduardo is not being defamatory because his remarks are statements of opinion only. o   Eduardo is not being defamatory because it is obvious that the statement must be false. o   Eduardo is being defamatory because his remarks may harm his opponent’s reputation. o   Eduardo is being defamatory because the information he published is true.

7.    Rebekah unknowingly grows illegal marijuana plants in her garden, assuming they are just weeds. If Rebekah is discovered growing the marijuana, strict liability would infer that:

o   Rebekah is liable even though she had no illegal intent o   Rebekah is not liable because she had no illegal intent o   Rebekah is not liable if someone else was witnessed planting the marijuana o   Rebekah is liable only if she was found to be negligent in not recognizing the marijuana

8.     What type of crime is petty theft?

o   Felony o   Infraction o   Misdemeanor o   Capital Crime

9.     Match each example situation to the defense that would most likely apply to it. (Whether or not the defense will work is not relevant for this question.)

Elizabeth is out with her friends at a bar one night. The bartender notices someone slip a pill into Elizabeth’s drink. If Elizabeth commits a crime later that night, the bartender can best testify on her behalf.

o   Mistake of Fact o   Duress o   Involuntary Intoxication

10.Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true?

o   Jack and Alice can take no action, because Jennifer is not a professional videographer. o   Jack and Alice can make a tort claim against Jennifer for public revelation of private facts. o   Jack and Alice can take no action, since they were fighting in a public place. o   Jack and Alice can make a tort claim against Jennifer for false light.

11.Which of the following situations would not substantiate a tort claim of infliction of emotional distress?

o   Offensive behavior when a duty of care is oweds o   Offensive behavior when a person is feeling especially vulnerable o   Repetitive offensive behavior o   Behavior that a reasonable person would find distasteful

12.  What type of crime is money laundering?

o   Felony o   Infraction o   Misdemeanor o   Capital Crime

13.  Match the following situation  to the true statement that suits it best. “Discriminate” in this context means to make an employment decision about employees based on the characteristics described in the text.

Tiana runs an employment agency distributing work assignments to many workers who then work for whatever employer they are assigned to.

o   May discriminate, no qualifier o   May discriminate, subject to type of business involved o   May not discriminate, subject to time lapse o   May not discriminate, no qualifier

14.  Marley goes outside the duties of her agency in negotiating a business contract between her principal and a customer. Which of the following is true?

o   If the principal disavows the contract Marley made, it still must pay for the work. o   The principal is required to ratify the contract Marley made, and also to pay her for her work. o   If the principal ratifies the contract Marley made, it must pay her for the work. o   Even if the principal ratifies the contract Marley made, it does not have to pay her for the work.

15.  For the following prompt, which response it aligns best?

Elaine is a secretary for a business. One day a customer comes in to file a new contract while Elaine is seated at her boss’s desk. The customer assumes Elaine is a person of authority, and Elaine is knowledgeable enough to help the customer file the contract. 

o   Enforceable or unenforceable – no agency o   Enforceable or unenforceable with agency o   Enforceable via factor agent o   Enforceable via employee agent

16.  Which of the following would be considered a situation of legal employment discrimination?

o   Charlie, who does not have a disability, is rejected from a job position because the employer thinks he has a disability. o   Rene, who has a disability, is rejected from a job position because another candidate did not have a disability. o   Meryl, who has a disability, is rejected from a job position because she doesn’t have a certification for the job she would be doing. o   Sheryl, who has a disability, is rejected from a job position because the employer would have to pay for an accommodation.

17.  Kenzie is a broker agent hired to make a deal for the purchase of an office building. Kenzie sells the building.

What is the result related to the status of the agency?

o   Agency is terminated by incapacity o   Agency is terminated by fulfillment o   Agency is terminated by law o   Agency is not terminated

18.  Which statement matches the following scenario?

 Joy is a supervisor over Elias. She repeatedly solicits sexual behavior from Elias and does other inappropriate actions that a reasonable person would find offensive. Elias has not solicited the behavior and finds it unwelcome. Joy never imposes a tangible job action against Elias. 

o   Not guilty of sexual harassment, no qualifier o   Not guilty of sexual harassment, dependent on harassee o   Guilty of quid pro quo sexual harassment o   Guilty of hostile work environment sexual harassment

19.  Penn commits a tort while acting in the interest of her undisclosed principal.

Who is responsible or liable?

o   Agent only o   Principal and agent o   Principal only

20.  Which statement corresponds to this specific situation?

Virgil and Suzanna both apply for the same job. Virgil is 55 and Suzanna is 60. They have the same qualifications and experience. Virgil is turned down and Suzanna is hired.

o   Employer may legally discriminate based on number of employees o   Employer may not legally discriminate o   Employer may legally discriminate based on BFOQ o   Employer may legally discriminate because the law doesn’t apply to this situation

21.  Orlando’s business wants to enact an affirmative action plan. Which of the following would not be a part of the process?

 

o   Setting a timeframe for when the business plans to achieve a certain percentage of minority workers o   Firing majority workers who perform the least well. o   Reviewing the current workforce o   Determining why using an AA plan might be necessary or wise

22.  Which statement matches the following scenario?

Layne is romantically interested in his employee, Brenda. He keeps asking her out, and she repeatedly has to turn him down.

o   Guilty of quid pro quo sexual harassment o   Not guilty of sexual harassment, dependent on harassee o   Not guilty of sexual harassment, no qualifier o   Guilty of hostile work environment sexual harassment

23.  Match the following situation  to the true statement that suits it best. “Discriminate” in this context means to make an employment decision about employees based on the characteristics described in the text.

Alfonso prefers only to hire Latino workers because they “fit in” easier with his 12 employees. During a busy season, Alfonso hires three extra workers to help keep up with business, then lets them go when the busy season is over.

o   May discriminate, no qualifier o   May not discriminate, subject to time lapse o   May not discriminate, no qualifier o   May discriminate, subject to type of business involved

24.  Felipe is an illegal immigrant seeking work in the U.S. He is hired by a small factory doing manual labor. When it is discovered that Felipe is an illegal immigrant:

o   Felipe can be deported, and the employer can be punished. o   Felipe can be deported, and the employer will not be punished. o   Felipe cannot be deported, but the employer can be punished. o   Felipe cannot be deported, and the employer will not be punished.

25.  For the following prompt, which response it aligns best?

Megan’s boss is out of town. While she is gone, the company receives a critical tax bill from the state that must be paid immediately. Megan does not have authority to pay bills, but arranges for the company to pay the bill anyway.

o   Enforceable via employee agent o   Enforceable or unenforceable – no agency o   Enforceable via factor agent o   Enforceable or unenforceable w/ agency

26.  Which statement corresponds to this specific situation?

Rowan owns a computer programming business with 15 employees. He is hiring a new employee, and he turns down a 45-year-old man because he is “too old to keep up with the rest of the group.”

o   Employer may legally discriminate based on number of employees o   Employer may legally discriminate because the law doesn’t apply to this situation o   Employer may not legally discriminate o   Employer may legally discriminate based on BFOQ

27.  Cathy works in a welding shop. While working one day, a pipe falls from scaffolding above and lands on her head, injuring her. Cathy complains to OSHA, but the company argues that because it has a “watch out for falling pipe” sign in the workplace that it gave fair warning. It also says that if Cathy wasn’t wearing a hardhat that she is responsible for her own injury. Which of the following is true?

o   Cathy’s employer may not be held liable for her injury if it fulfilled compliance and general duty requirements. o   Common law rules could hold Cathy responsible for her own injury. o   OSHA rules can hold Cathy’s employer responsible for not maintaining a hazard-free workplace. o   More than one answer is correct.

28.  Training opportunities are what kind of a bargaining subject?

o   Mandatory bargaining subject o   Permissive bargaining subject o   Illegal bargaining subject

29.  Which of the following was an effect of Norris LaGuardia?

o   Prohibition against eliminating unions o   Prioritization of employment to a worker over a worker to his or her business o   Enforcement of federal injunctions. o   Prohibition against concerted activity.

30.  Based on the description for this person, determine if he or she is eligible for overtime pay.

Maddox is Gordon’s 17-year-old son. He is a whiz at repairing machines and is employed doing so at the factory full-time during the summer. He has already worked 40 hours this week, but some machines still need repaired.

o   Maddox must be paid overtime o   Maddox cannot work overtime

31.  For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Noel is on break at work and is bored. He climbs up on a conveyer belt and comically uses it as a treadmill. He slips on the belt and falls down, and his hand gets stuck in the belt and is injured. Noel’s actions are typical, and his employer knows that he usually engages in this kind of behavior. 

o   Noel will be covered o   Noel will not be covered

32.  Based on the description for this person, determine if he or she is eligible for overtime pay.

Ella makes minimum wage. Her job title is “System Assembly Supervisor.” She primarily spends her workday putting together electronic components. She is asked to work more than 40 hours this week to meet a deadline.

o   Ella must be paid overtime o   Ella cannot be paid overtime

33.  For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Vicente works at a factory. While he is working, a coworker negligently trying to spin donuts in a forklift runs into him, causing an injury to both workers.

o   Vicente will not be covered o   Vicente will be covered

34.  Cynthia is a union member at her company. She files a complaint against the union because of what she feels is an unfair rule. Which of the following is true?

o   Cynthia can have her union membership stripped from her if she files a complaint. o   Cynthia can file a complaint with the union only. o   Cynthia cannot complain to the union, but she may sue it instead. o   Cynthia may sue the union if her complaint to the union doesn’t resolve her problem.

35.  Buster has had a serious medical condition for many months. He has used up all of his sick leave and vacation days, as well as 10 weeks of intermittent FMLA leave. He asks for an additional two weeks off from work. Which of the following is true?

o   Buster is entitled to the leave he is asking for. o   Buster cannot be fired for reasons aside from his need to take leave. o   Buster’s employer can fire him because he wants to take more leave. o   Buster cannot take any more leave if he has also used up his sick leave and vacation days.

36.  Darlene and her friends get together for lunch after work. While at lunch, the friends discuss what they can do to solve the problem with excessive overtime at work. Which of the following is true?

Darlene and her friends are not engaging in concerted activity because they are not in a union meeting. Darlene and her friends are engaging in concerted activity only if they are union members. Darlene and her friends are engaging in concerted activity since they are discussing how to improve working conditions. Darlene and her friends are not engaging in concerted activity because they don’t plan to talk to management about the problem.

37.  For the scenario, determine whether or not the person should be covered by worker’s compensation protections.

Ginger works at a shop as a mechanic. One day at work, a fellow employee is pinned under a car when a jack fails. Ginger rushes over to help, and while trying to lift the car suffers a stroke.

o   Ginger will not be covered o   Ginger will be covered

38.  Read the scenario and determine what result the law requires.

The union at Elsa’s firm is on strike because the company has not been following OSHA safety standards. During the strike, management hires a new person to take Elsa’s place. When the strike finally ends, Elsa wants her job back. 

o   Elsa may not receive her job back o   Elsa must receive her job back

39.  Based on the description for this person, determine if he or she is eligible for overtime pay.

Gordon has already worked 40 hours this week and is asked to come in to work again. Gordon is a manager who constantly has to make decisions about the business’s operation.

o   Gordon cannot be paid overtime o   Gordon must be paid overtime

40. Which of the following phrases correctly completes the statement?

Al’s Fine Winery has had workers attempting to ban together to form a union. Al’s wants to avoid letting the workers gain too much power by eliminating new workers’ option to join a union at all. Al’s will likely utilize ____________.

o   Yellow dog contract(s) o   Criminal conspiracy law(s) o   Federal injunction(s) o   Antitrust law(s)

 

41 Which crime is BEST represented by the following situation? 

Dagan sneaks into an event center through an unlocked window to steal valuable items on display for an event the next day.

·        Fraud ·        Burglary ·        Conspiracy ·        Larceny

 

 42. Eleanor often borrows her roommate’s car because she does not have one of her own. One day, Eleanor goes on a joy ride on rocky terrain and gets a flat tire. Eleanor refuses to replace the tire because she does not own the car. Which of the following is true?

·        Eleanor may be held liable under a tort because the owner can no longer use the car ·        Eleanor may be held liable under a tort because roommates have a legal expectation of compensation for damaged possessions. ·        Because Eleanor had permission to use the car, she has not committed a tort ·        Because Eleanor does not own the car, she has not committed a tort

 

 43. Phineas is an agent assigned to scout out professional players for a football team. One player he brings in has a drug problem, which Phineas knows about but does not disclose to the hiring team. If the player is selected, which of the following is true?

·        Phineas has not breached a duty to his principal. ·        Phineas has breached his duty of notification only. ·        Phineas has breached more than one of his duties. ·        Phineas has breached his duty of accounting only.

 

 44. Read the scenario and determine what result the law requires.

The union at Cherry’s firm is on strike because it wants higher wages. During the strike, management hires a new person to take Cherry’s place. When the strike finally ends, Cherry wants her job back. Which of the following is true?

·        Cherry may not receive her job back ·        Cherry must receive her job back

 

 45. Which of the following phrases correctly completes the statement?

Alonzo’s Crooked Cake Shop has had workers attempting to unionize in order to be able to work fewer hours per week. Alonzo’s argues in court that because there is only one other cake shop in the region, a strike and other union activities would disrupt competition in the cake business. Alonzo’s is using __________ to prevent union activities.

·        Antitrust law(s) ·        Federal injunction(s) ·        Yellow dog contract(s) ·        Criminal conspiracy law(s)

 

 46. Ozzy recently started working at a new company. He has been solicited several times to join the union of the company, but he would prefer not to. The union officials tell Ozzy that he won’t be allowed to keep working unless he joins the union. Which of the following is true?

·        The union officials are pretending they have a closed shop and can’t influence Ozzy’s decision. ·        Ozzy’s requirement to join the union depends on his state of employment. ·        Ozzy must now join the union because union shops are always legal. ·        The union can’t make Ozzy join the union, but it can require him to pay union dues.

 

 47.  Amanda is babysitting when her charge Tomas leaps off a couch onto a glass table and breaks it, leaving him with many cuts. To show that Amanda was negligent, Tomas’s parents must show that:

·        Amanda owed a duty of care to Tomas ·        Amanda breached her duty of watching over Tomas by her actions (e.g., talking on the phone or not staying in the same room as Tomas) ·        Tomas was harmed only because Amanda breached her duty to watch over him ·        All of the above

 

 48. Mike is an agent making purchasing orders for Tami. Tami passes away before the agency contract is voluntarily ended. Mike has already done some of the work Tami assigned.

What is the result related to the status of the agency?

·        Agency is terminated by law ·        Agency is terminated by fulfillment ·        Agency is terminated by incapacity ·        Agency is not terminated

     
 

 

ETH321 Week 2 Apply Assignment SCORE 100 PERCENT 

ETH 321
Week 2 Apply Assignment
1. Abigail is a manager at her company. The company just launched an initiative to improve its corporate citizenship practices. Abilgail is responsible for all but which of the following areas?
o Safeguarding shareholders' interests
o Disclosure and transparency
o Vigilance of the board of directors
o Integrity and ethical behavior

2. Which of the following roles best fits the situation?
Apol wants to start or join a business but is not sure which business organization would be best. She has a large amount of capital but does not yet have any partners who can invest or effectively manage the business.
o Neither a limited or general partner would be a good choice.
o Limited partner in a limited partnership.
o General partner in a limited partnership.

3. What is the appropriate description for a distributorship?
o A franchisee sells a franchisor’s product in a specific geographic area.
o A franchisee produces and sells a franchisor’s product using the franchisor’s name.
o A franchisee makes or sells a franchisor’s product.

4. What is the appropriate description for a plant-processing franchise?
o A franchisee produces and sells a franchisor’s product using the franchisor’s name.
o A franchisee sells a franchisor’s product in a specific geographic area.
o A franchisee makes or sells a franchisor’s product.

5. What is the appropriate description for a chain-style franchise?
o A franchisee sells a franchisor’s product in a specific geographic area.
o A franchisee produces and sells a franchisor’s product using the franchisor’s name.
o A franchisee makes or sells a franchisor’s product.

6. J-Chron's board of directors periodically meets with the CFO of the company. The CFO reports on the financial status of a company project, after which the board inquires about the project's compliance with legally-required accountings principles. It asks no other questions about the project. Which of the following is true?
o The board is not meeting any basic vigilance requirements.
o The board is meeting legally-required vigilance standards, but not necessarily those which would protect shareholders' interest.
o The board is meeting all of its vigilance requirements.
o The board is not legally required to meet vigilance requirements.

7. Lily wants to build a business. She has very little capital. She does, however, have a partner with which she could run a business. Lily wants to be able to avoid being held personally liable for any problems the business has. Which of the following would lead Lily to choose a sole proprietorship organization for her business?
o Avoidance of personal liability
o Little capital
o Possession of a partner
o None of the above

8. Which description that properly completes this prompt?
Zoey is the CEO of a corporation she organized herself with 15 shareholders. The company operates in several states, as well as outside of the U.S. Her business consists mostly of training services for in-home medical care personnel. Her company would be a __________ corporation.
o Closely-held
o Alien
o Domestic
o Subchapter S
o Professional

9. Which description that properly completes this prompt?
Tucker works for a retail distribution company that was recently started. Tucker has invested a lot of his earnings into shares of the company. When quarterly earnings are posted, Tucker receives a check for 8% of the quarterly profit of the company. Tucker belongs to a __________ corporation.
o Professional
o Closely-held
o Subchapter S
o Alien
o Domestic

10. Which description that properly completes this prompt?
Lenny organized his business in Delaware. He has customers in Delaware, other states in the U.S., and in foreign countries. Lenny’s business is __________ in Delaware.
o Domestic
o Subchapter S
o Professional
o Closely-held
o Alien

11. Juan wants to be involved in business. He has plenty of capital to invest, but he does not want to be involved in management. He also does not want to worry about fluctuations in the market prices of debt and equity instruments. Which form of business would be best for Juan?
o Corporation
o Sole proprietorship
o General partnership
o LLC

12. Noodleoo, a struggling restaurant chain, wants to enact a franchise agreement with Stephen to sell its product through a chain-style franchise. Stephen agrees and opens the store, and 6 months later Noodleoo goes bankrupt. Which is most likely true of this situation?
o If Noodleoo was not transparent with its financial data, Stephen has no recourse.
o More than one response is correct.
o If Noodleoo was transparent with its financial data, it owes no recompense to Stephen.
o If Noodleoo was not transparent with its financial data, it has broken the franchise rule.

13. Sandy works for RigorMart. She supervises regional managers and directs them based on orders from the board of directors. Sandy’s position also entitles her to stock ownership in the company. What is Sandy’s position in the company?
o Executive and shareholder
o Executive, shareholder, and director
o Shareholder
o Executive

14. Which of the following roles best fits the situation?
Kevin wants to create a business but is not sure what role is best for him. He has capital to invest. He has several partners with which he can begin a business. He has the most management experience of all his potential partners.
o General partner in a limited partnership.
o Neither a limited or general partner would be a good choice.
o Limited partner in a limited partnership.

15. Rita wants to be involved in business. She has a fair amount of money to invest, but she does not want to be involved in management. She wants to form a business in the quickest way possible under her circumstances. Which form of business would be best for Rita?
o Limited partnership
o Sole proprietorship
o Corporation
o LLC

16. Cadence works for WilderCorp. She meets with a team to make all-encompassing decisions concerning the direction of the business. She also personally supervises managers and conducts training for supervisors and plant managers. Cadence also buys stock in WilderCorp. What is Cadence’s position in the company?
o Executive
o Director
o More than one option
o Shareholder

17. Kara wants to build a business. She has plenty of capital and potential investors and partners. She wants to avoid the burden of sole liability for her business and wants to be able to close the business when she is no longer interested in it. Which of the following would lead Kara to choose a sole proprietorship organization for her business?
o Many potential investors/partners
o Ability to close the business easily
o Plenty of capital
o Avoidance of sole liability

18. What role best fits the following situation?
Manny wants to be involved in a business but is not sure which type of business to join or create. He has capital to invest. He has a good network of potential investors and partners. He has no experience in management.
o General partner in a limited partnership.
o Limited partner in a limited partnership.
o Neither a limited or general partner would be a good choice.

19. Koffman Corporation is trying to raise capital. What method would be the least risky to raise capital if it has a less-than-favorable credit rating?
o Bond issuance, since additional debt can provide the company with more leverage.
o Stock issuance, since a credit rating won’t negatively affect Koffman’s ability to sell stock.
o Bond issuance, since nobody wants to buy shares of a company with a less-than-perfect credit rating.
o Stock issuance, since stocks are more valuable as finance instruments.

20. Which description that properly completes this prompt?
Hal organized his business in Canada. Most of his customers are in Montana. In Montana, Hal’s business would be considered a(n) __________ corporation.
o Professional
o Alien
o Domestic
o Closely-held
o Subchapter S

Which description that properly completes this prompt?
Piper is a manager in a corporation that was organized in Canada by one of his former coworkers. The company provides consulting services and training for architects employed by construction companies. The company recently went public, with shares being sold to about 500 investors. Piper’s company would be a __________ corporation.
• Alien
• Closely-held
• Subchapter S
• Professional
• Domestic

Loptech, a technology firm, wants to issue bonds for investment purposes. Loptech has one of the best credit ratings in the industry. Market rates for debt instruments average at .5% interest. Based on its credit rating, Loptech would likely sell bonds that pay _____.
• Indeterminable with current information
• 0.5%
• 0.25%
• 0.75%

What is the order in which the formation of a corporation occurs?
• Business selects a state of incorporation; Incorporators select a name for the corporation; Articles of incorporation are filed; Novations are executed
• Business selects a state of incorporation; Novations are executed; Incorporators select a name for the corporation; Articles of incorporation are filed
• Novations are executed; Articles of incorporation are filed; Incorporators select a name for the corporation; Business selects a state of incorporation
• Incorporators select a name for the corporation; Articles of incorporation are filed; Business selects a state of incorporation; Novations are executed

Hal and Miranda have a general partnership business for landscaping projects. Hal makes a contract with a customer for a project one day while Miranda is absent and leaves on vacation the next day. Miranda does not feel she has the time to perform the contract for the customer. Which of the following is true?
• Only Hal is obligated to perform the contract.
• Miranda is obligated to perform the contract.
• Miranda may relinquish her obligation to perform the contract since Hal signed it without her knowledge.
• Indeterminable without more information.

What is the correct order of events for the formation of a corporation?
• Business selects a state of incorporation; Incorporators select a name for the corporation; Articles of incorporation are filed; Novations are executed
• Business selects a state of incorporation; Novations are executed; Incorporators select a name for the corporation; Articles of incorporation are filed
• Novations are executed; Articles of incorporation are filed; Incorporators select a name for the corporation; Business selects a state of incorporation
• Incorporators select a name for the corporation; Articles of incorporation are filed; Business selects a state of incorporation; Novations are executed

Mario and Johnny want to start a business. They have very little capital. They are new partners and largely unfamiliar with each other’s management practices. They are happy, however, to be organizing a business together in order to avoid full liability for the business. Which detail(s) of this situation would be the largest contributor toward Mario and Johnny's decision to organize a general partnership?
• Avoiding full liability
• Unfamiliar with each other’s management practices
• Sharing profits
• Little capital

 

  

ETH321 Week 1 Apply Exercise SCORE 78 PERCENT

1. Clara is suing David because of a property dispute. Clara and David are from different states, so it is not readily clear which state has jurisdiction over this case. Which of the following is true?
o Jurisdiction falls in David's state of residence, since he is the one being summoned to court.
o Jurisdiction falls in Clara's state of residence, since she is the plaintiff.
o Jurisdiction depends solely on where the property – the focus of the dispute – is located.
o Jurisdiction can fall in whichever state has subject matter or personal jurisdiction, likely depending on which state Clara feels will give her a more favorable outcome for her case.
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2. Federico is in a financial dispute. He is trying to collect money for services rendered, but the debtor does not want to pay the money owed to Federico. Which court that would most likely address this situation?
o State Small Claims Court
o U.S. Bankruptcy Court
o U.S. Tax Court

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3. Dixonville has had fundamentally the same demographics, economic system, and social structure for decades. In recent years these factors have begun to shift, causing many to call for new legislation and legal practices. Shifting the legal structure of Dixonville in order to account for the changes that are occurring would be in accordance with the __________ school of jurisprudential thought.
o Legal Realism
o Irrational Forces
o Natural Law
o Sociological
o Historical

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4. A law which promotes the opportunity for foreign workers to obtain employment, housing, and medical care regardless of their citizenship status would likely fall under which school of jurisprudential thought?Which school of jurisprudential thought is most clearly exhibited in this scenario?
o Legal Realism
o Irrational Forces
o Natural Law
o Historical
o Sociological

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5. A law was recently passed in the city of Birmingdon that specifies a long list of restrictions on disposing of different kinds of waste material. The law is long, meticulous, and complicated, and many citizens do not understand all the points of the law or the purpose it is meant to fulfill. Citizens are commonly caught breaking the ordinance. Which law or principle of law which is most relevant to this situation?
o Procedural Due Process
o First Amendment
o Equal Protection Laws
o Substantive Due Process

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6. Claudia feels strongly against a law that was recently passed in her hometown. She proceeds to write letters to the local newspaper criticizing the effect of the law. She also marches up and down the sidewalk in front of city hall loudly publicizing her contradictory point of view. Which law or principle of law which is most relevant to this situation?
o Substantive Due Process
o First Amendment
o Procedural Due Process
o Equal Protection Laws

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7. After a tragic event in which an armed intruder storms into a mall and fatally shoots several people, the city of Belmonte institutes a law that prohibits any form of weapon in public retail establishments. This reaction would be an example of following which school of jurisprudential thought?
o Natural Law
o Irrational Forces
o Sociological
o Historical
o Legal Realism

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8. Annie is an observer to a legal dispute between two of the tenants in a building she manages. She has documented information relevant to the case but prefers not to get involved in the dispute. Which of the following is true?
o Annie is required by Good Samaritan laws to put forth any information she has relevant to the case.
o Annie cannot provide any information since her position as a manager precludes her ability to be unbiased.
o Annie can refuse any attempt to involve her in the dispute between her tenants.
o Annie can be required via subpoena to provide the information she has.

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9. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 2
Bob: Listen, donuts are made to bring joy into our lives and to wake up our glazed faculties. Just let them be distributed according to unchanging moral principles of justice. The donuts will distribute themselves according to natural principles.  We just take what we want and the leftovers will be appreciated by those who enjoy them most. Don't over complicate this. Where's the chocolate milk?
End Part 2
o Critical legal studies school of thought.
o Historical perspective school of thought.
o Natural law school of thought.
o Irrational forces perspective.

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10. Sally and Kirk are at odds over the details of a business contract. Neither of them wants to go to court, but they both refuse to make a compromise on the terms they expect from one another. Which of the following would most easily force them to a resolution?
o Negotiation
o Legally-binding arbitration
o Non-binding arbitration
o Legally-binding mediation

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11. A television producer/director receives the following script designed to celebrate National Donut Day.  As she reads it, it brings to her mind some principles of jurisprudence she learned in her college business law class.  
Help her out: Which legal school of thought is illustrated in this dialogue?
 
DONUT DAY AT THE OFFICE
Part 1
(The scene is a lunchroom or break room. There are at least three round tables visible and perhaps a vending machine, microwave, or refrigerator in the background. Of the three tables, no one is sitting at the center table as the scene opens.)
Karen: (She walks in carrying two big boxes of donuts and places them on the center table.) Allied Chemical just dropped these off to thank us for our work on the “Expressly Hair” project. Have fun. (She says unenthusiastically. She shows absolutely no interest in the donuts and quickly leaves. Everyone else, except Alison, immediately stands. Alison is still showing an interest in the goodies but not moving toward them. Joyce immediately positions herself between the donuts and Bob.)                                                                                                            
Bob: It's a donut festival!
Joyce: (She moves to block and slow him, as if checking him in basketball.) Just wait a second! We have to first establish the rules.
Bob: Rules, in a donut festival?
Joyce: Yes rules. Last time donuts like these were brought in, Winfred got a broken nose and, once again, Alison didn't get any. We aren't animals. If we don't slow down, someone is going to accidentally eat the cardboard again.
Bob: Oh, no. Here we go. Where's the PowerPoint?
Joyce: There are guidelines in the employee handbook that have been developed over many years that detail out exactly what is to be done with these kind of employee gifts. (She opens a thick binder.) Nearly any scenario you can imagine has been detailed out in section 34 (b), including pastries from chemical companies. Practices and procedures have been set and we would be smart to follow them.
End Part 1
o Irrational forces perspective.
o Historical perspective school of thought.
o Natural law school of thought.
o Critical legal studies school of thought.

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12. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 5
Derek: We need someone we can trust who can divide up the donuts. One set of rules can't always be applied here. If we had an impartial judge or two in the mix, someone who doesn't like donuts perhaps, they could take into account all of the changing factors impacting our donut sphere and make up rules that will bring glazed-happiness to all who seek it.
End Part 5
o Irrational forces perspective.
o Sociological school of thought.
o Legal realism school of thought.
o Critical legal studies school of thought.

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13. A new law is established in the town of Avery that promotes affirmative action employment for people trans-gender and homosexual individuals. This law would be in pursuance of the tenets of the __________ school of jurisprudential thought.
o Law and Economics
o Sociological
o Command
o Irrational Forces
o Legal Realism

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14. The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Which law or principle of law which is most relevant to this situation?
o Procedural Due Process
o Substantive Due Process
o First Amendment
o Equal Protection Laws

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15. The government of Sharonville is deep in debt, and consequently enacts a city ordinance that requires citizens to do volunteer work for the city once per week. Such and act would be in accordance with the __________ school of jurisprudential thought.
o Sociological
o Legal Realism
o Law and Economics
o Irrational Forces
o Command

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16. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 4
Lee: Right. Inflexible rules, applied the same way every time and in every situation, are just a sign of corporate insanity. This is a company that knows how to adapt and make smart decisions based on the circumstances at hand. Remember when we found out that Allied Chemical hair gel accelerated hair growth at twice the industry standard . . . just before the hair would fall out? Remember what happened to Winfred after he tested out the stuff for us? Remember how happy Allied Chemical was with us when we figured how to market their goop anyway? Dogmatic rules are made to be broken by the enlightened and that's what we are now. We are officially “the enlightened” of the break room.
End Part 4
o Sociological school of thought.
o Irrational forces perspective.
o Legal realism school of thought.
o Critical legal studies school of thought.

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17. Which legal theory is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 3
Joyce: We had a lawsuit filed about this after the pastry rumble of 2017 and there was . . . oh yeah, I remember there were some specific rules that are detailed out in 34 (b), section 4.
Bob: Those stupid rules were made after Winfred face-planted in the donuts when he slipped trying to get past Alison. They don't apply here. There wouldn't even be donut rules if he'd paid attention to his own big feet.
End Part 3
o Irrational forces perspective.
o Natural law school of thought.
o Critical legal studies school of thought.
o Historical perspective school of thought.

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18. An appeals court feels that a lower court has made an incorrect judgment concerning a civil law case. Which of the following would be the mostly reason to remand the case back to the lower court?
o The appellate court found a mistake of law that occurred during the initial trial.
o The appellate court wants the lower court to handle the case, since it is a civil rather than criminal case.
o The appellate court wants to see more evidence before it can make an informed decision.
o The appellate court found a mistake of fact that occurred during the initial trial.

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19. Charlie is summoned for jury duty. While still in the selection process, it is discovered that one of the parties to the case used to be an old friend and neighbor of Charlie's. Which of the following would most likely happen?
o Charlie would be excluded through preemptory challenge.
o Charlie would be excluded for cause.
o Charlie can refuse to serve on the jury.
o Charlie would be preserved on the jury since he would have inside information about one of the parties.
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A relationship with one of the parties is substantial cause to remove a person from a jury.

20. Which jurisprudential school of thought relies the most upon precedent in establishing law?
o Historical
o Irrational Forces
o Natural Law
o Sociological
o Legal Realism

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21. The federal government passes a law which a company, JuneCorp, feels unjustifiably discriminates against the company and harms its ability to operate. Which of the following statements is true?
o JuneCorp can contest the legality of the law if it passes all three scrutiny tests employed by the courts.
o JuneCorp can contest the legality of the law if there is no evident state interest which substantiates the enforcement of the law.
o JuneCorp cannot contest the legality of the law if there is anything but a financial impact on the company because of the law.
o JuneCorp cannot contest the legality of the law, since the Equal Protection Clause applies to people rather than corporations.
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A court would need to determine that the law does not pass whichever scrutiny level applies to this situation. The key to overturning biased laws is proving that they do not further important state interests.

22. Which legal school of thought is illustrated in this dialogue?
DONUT DAY AT THE OFFICE
Part 8
(Just then Calvin, the fit CEO, comes jogging into the room with a water bottle in hand. He spots the donuts and shows his disgust.) Calvin: Why do people inflict such nasty, sugar-coated poison on all of us?! A healthy workplace is a happy workplace. (He takes both boxes of donuts, puts them in a small, dirty, battered trash can and steps on them to squash them down, making them suddenly inedible. He smiles at everyone as if they all agree that he has done them a great service.) That's my job as CEO, to help everyone realize a long and happy life! Cheers! (He runs from the room as everyone looks on in stunned silence. After a couple of seconds Bob collapses on the floor next to the garbage can, looking at the destroyed donuts as if they were a long-lost love.)
End Part 8
o Sociological school of thought.
o Command school of thought.
o Law and economics school of thought.
o Legal realism school of thought.

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23. Which of the following situations would not substantiate proper standing to sue?
o TreesForDays, an environmental activist group, wants to sue a company dumping chemicals into a river in a different state.
o Aniesha wants to sue her neighbor Robert after seeing him engage in criminal animal cruelty.
o Calvin wants to sue his sister after finding out she has been taking cash from the cash register at the family business.
o Tyler wants to sue Kevin after Kevin harms Tyler's sister in a car crash which leaves her sister in a coma.
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24. Which of the following situations would most likely receive a change of venue?
o A local teacher is taken to court after a video of him beating his students goes viral.
o A woman wants a change of venue when it appears that all jurors to the case will be male.
o An employer who is accused of racially-discriminatory practices wants a change of venue when it finds out that the local venue judge is African-American.
o A defendant in a case requests a change of venue because the location of the trial is inconveniently far away from the state where he lives.
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25. Sage files a complaint against Isabel, alleging that Isabel is responsible for damages to Sage's property. Isabel thinks the allegations are ridiculous and doesn't bother to respond to the complaint which she has been served. Which of the following is likely true?
o A court will not open a case or post a judgment until Isabel chooses to respond.
o A court can judge in Sage's favor because Isabel seems to be constructively admitting to Sage's allegations.
o A court can judge in Isabel's favor even if she doesn't respond if it appears Sages allegations are frivolous.
o A court can judge in Sage favor because Isabel is not bargaining in good faith.

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26. Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has “unambiguous proof” that Casey is guilty. Which of the following is most likely true?
o Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway.
o If the plaintiff provides proof only up to the level of “clear and convincing,” Casey can still be acquitted.
o The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.
o If the plaintiff does have unambiguous evidence that meets a “clear and convincing” burden of proof, Casey will most likely be found guilty.
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27. Adelyn is in a financial dispute with her creditor. She wants to declare bankruptcy because she is finding herself unable to meet the requirements of paying off her debt. Which court that would most likely address this situation?
o U.S. Bankruptcy Court
o U.S. Tax Court
o State Small Claims Court

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28. Radcliffe is a college business professor with little education but extensive experience in business. A treaty negotiating the free trade of educational opportunities was just passed between Canada and the U.S., and it includes a condition that all university professors must have at least a master’s degree in order to teach. Which of the following is true?
o Radcliffe no longer meets the qualifications to teach.
o The treaty is only enforceable if it doesn’t conflict with state law in Radcliffe’s state.
o Radcliffe may still teach as long as he only teaches in the U.S.
o Radcliffe may not be restricted from teaching if his university has no rule concerning the need for a master’s degree.
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29. Nation A is neighbors with Nation B. When an international crime lord who operates in both countries is captured by Nation A, it sentences him to a lifetime of heavy labor. Nation B wants to have the criminal executed, but it defers to Nation A’s judgment. Which principle of International Law is at play?
o Sovereign Immunity
o Act of State Doctrine
o Comity of Nations

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30. Determine which moral standard of social responsibility the business is observing.
Meg's company decided to build an additional factory in a small community. When the community started a protest because of the negative impact it feels a factory will have on the community, Meg's company promises to prevent and pay for any negative impact to the community. It also offers to build a community park to balance out the negative impact the factory will have.
o Stakeholder Theory Moral Standard
o Moral Minimum Standard
o Profit-Maximizing Moral Standard
o Indeterminable
o Corporate Citizenship Moral Standard

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31. Anthony votes in favor of a bill which would prevent people above a certain level of income from being able to purchase subsidized housing. Which philosophy of ethics is applies here?
o Social Justice Theory
o Utilitarianism
o Virtue Ethics
o Kantianism

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32. Nation A makes is illegal for its citizens to own more than one vehicle in order to reduce emissions. Nation A’s neighbor Nation B disagrees with the decision and refuses to enforce it in its own borders but refrains from contesting the decision in court. Which principle of International Law is at play?
o Sovereign Immunity
o Comity of Nations
o Act of State Doctrine
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33. Lula thinks that people who discipline their children by spanking should be sent to jail and says she would be glad to go to jail if she was caught spanking her child. Which philosophy of ethics is applicable?
o Virtue Ethics
o Kantianism
o Social Justice Theory
o Utilitarianism

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34. Silvia and her brother Clyde make a code of rules they have to follow together. The rules are as follows:
I) If Silvia bakes a cake, then Clyde can eat as much of it as he wants.
II) Silvia and Clyde can only go to movies they are both interested in seeing.
III) Every time Clyde borrows Silvia's car, he must put some gas in it. Silvia must do the same when she borrows Clyde's motorcycle.
IV) If Clyde makes a cobbler, Silvia can eat as much of it as she wants.
Which ethical philosophies are represented in these rules?
o Social justice theory only
o Social justice theory and Kantian ethics
o Kantian ethics and utilitarianism
o Social justice theory and Kantian ethics

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Items I and IV balance out, reflecting Kantian ethics. Item III reflects Kantian ethics as well. Item II reflects utilitarianism.

35. Determine which moral standard of social responsibility the business is observing.
Vivian’s company is considering building a huge new department store in a small town. The community argues that the store will disrupt local commerce and harm local business owners. Vivian argues that the store will save money for customers and bring more jobs to the community. Assume both arguments are true.
o Stakeholder Theory Moral Standard
o Profit-Maximizing Moral Standard
o Moral Minimum Standard
o Indeterminable
o Corporate Citizenship Moral Standard

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36. NoraCorp wants to meet a moral minimum of ethical behavior in its operations. It is planning a merger with another company which would cause any or all of the following:
I) Stock price will go up, positively impacting shareholders
II) The company could build a new central headquarters, negatively impacting landowners and community members by decreasing property values
III) The company could fire 200 employees
IV) The company could afford a new production facility, which would negatively impact the environment and landowners' property
V) The company could offer more, higher-quality products to customers for lower cost, positively impacting them.
NoreCorp decides to move forward with the merger. All of the above events occur, but NoraCorp offers severance packages to the employees it fires and plans to compensate landowners for damages caused by the new production facility. Which of the following is true?
o NoraCorp has not met its moral minimum requirements.
o NoraCorp has met its moral minimum requirements.
o NoraCorp has exceeded its moral minimum requirements, meeting g a corporate citizenship standard.
o It is impossible to determine whether the company has met a moral minimum standard of ethical behavior.
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The company is compensating for some of its negative impacts (severance packages, compensation to landowners near the production facility). It is also not perfectly addressing some shareholders' interests (community members at the new headquarters, fired employees have no job, and environmental damage is paid for rather then prevented.) The company is “in the middle” of meeting ethical standards and strongly pursuing social responsibilities.

37. Determine which moral standard of social responsibility the business is observing.
Brad's company has a smokestack that pollutes the air in a nearby community. When people begin complaining about the pollution, the company pays to have a stack scrubber installed on the smokestack to limit the pollution but does not respond to the community's complaints.
o Profit-Maximizing Moral Standard
o Stakeholder Theory Moral Standard
o Corporate Citizenship Moral Standard
o Indeterminable
o Moral Minimum Standard

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38. Nation A builds a new highway next to citizens’ properties. In the months following, littering as well as several highway accidents result in damage to the properties. The property owners want to sue the government for damages, but are restrained by:
o Sovereign Immunity
o Act of State Doctrine
o Comity of Nations

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39. Finley steals from a greedy CEO in order to give money to a large number of poor people. Which philosophy of ethics is applicable?
o Virtue Ethics
o Social Justice Theory
o Kantianism
o Utilitarianism

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40. Determine which moral standard of social responsibility the business is observing.
Genie's company is considering building an annex to its main factory. While deciding on the project, the board of directors discusses the impact the the annex would have on the local community, shareholders, company profits, and nearby landowners.
o Moral Minimum Standard
o Indeterminable
o Corporate Citizenship Moral Standard
o Profit-Maximizing Moral Standard
o Stakeholder Theory Moral Standard

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