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Question 2
Under the common law rules of the nineteenth century, contracts designed to restrain trade or eliminate competition were:

a. illegal

b. not enforced when the courts found them to be unreasonable

c. considered to be in the public's best interest

d. beyond the scope of the legal system

e. a matter for legislative, not judicial, supervision

  Question 3

The Clean Air Act requires the EPA to:

a. set pollution standards

b. enforce cooperation among the states on the issue of air pollution control

c. implement pollution standard across the country

d. protect and enhance the quality of the nation's air resources

e. do all of the above

  Question 9

A soup company once made a television ad for one of its soups in which marbles were put in the bottom of the soup bowl to make the chunky stuff in the soup be near the top so it could be seen. This ad was:

a. illegal in the U.S. and probably illegal in most advanced European nations and in Japan

b. legal in the U.S., but probably illegal as being deceptive in much of Europe and in Japan

c. illegal in the U.S., but would probably be legal in most of Europe and in Japan

legal in the U.S. and would probably be legal in most of Europe and in Japan since it does not injure consumers
e. none of the above

 
  Question 11

BT Company (American) is considering opening a factory in the Ukraine. The Ukraine political environment is a major concern. To protect itself in case of nationalization by the Ukraine government, BT should:

a. seek a guarantee from the World Bank

b. not be concerned; overseas investments are protected by the Export Administration Act

c. not be concerned; overseas investments are protected by the Export Trading Company Act

d. buy an "all risk" insurance policy to cover losses in case of nationalization of specified property

e. demand a higher rate of return because projects with the Ukraine and Third World countries are inherently risky

 
  Question 13
 
Discriminating in price between different purchasers of the same goods, when the effect is to injure competition, was made:

a. illegal by the Robinson-Patman Act

b. illegal by the Supreme Court in the Utah Pie case

c. legal by the FTC Act

d. legal by the Supreme Court in the Utah Pie case

e. none of the above

  
  Question 16

 
Which law holds "unfair methods of competition" to be illegal?

a. the Sherman Act


b. the Clayton Act

c. the Federal Trade Commission Act

d. the Antitrust Improvement Act

e. none of the above


  Question 18
 
A consumer buys living room furniture. The store gives the consumer $2,000 credit to be paid back over two years. The store fails to disclose the interest rate that it charges for credit. Under the TruthAct, the store is wrong for not listing the interest:

a. but the customer agreed to it, so there is no violation

b. but the consumer's only recourse is to cancel the contract

c. and must pay the consumer a finance charge as a result

d. and may have to pay the consumer up to $1,000 (civil damages) plus attorney fees

e. there is no violation here

  Question 19
 
Before passage of the 1938 Food, Drug, and Cosmetic Act, medicinal drugs were:

a. all prescribed by physician only

b. all prescribed by pharmacists or physicians

c. regulated by the FDA only if they posed "serious risks" to human health

d. either legal or illegal

e. completely unregulated, you could buy anything

  
  Question 21

 When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring:



a. is an invasion of privacy

b. is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails

c. is sexual harassment if directed at women employees

d. is legal, employers have the right to do so, in part to prevent sexual harassment

e. none of the above

  Question 22

The fact that many old industrial areas have become abandoned and firms do not wish to buy the land for future use because of potential Superfund liability is called the problem of:



a. urban blight


b. urban Superfunds


c. urban toxic abandonment


d. brownfields


e. none of the above

  Question 23

 
In general, the NLRB and the courts will not permit outside union organizers access to:



a. employees who wish to unionize


b. employees who oppose unionization


c. management of companies that compete with the company opposing unionization


d. the property of a company opposing unionization


e. media if they seek to promote the unionization effort

  Question 24

 
Nutrition labeling does not require which of the following to be listed per serving portion:



a. total fat


b. fiber


c. calcium


d. riboflavin


e. carbohydrates

  
  Question 26

 
During the 1960s the public became more concerned about the environment. This concern was sparked, in part, by:



a. the nuclear disaster at Chernobyl


b. the Exxon Valdez oil spill


c. the publication by Rachel Carson of
Submitted: 1 year ago.
Category: Business Law
Expert:  FiveStarLaw replied 1 year ago.

Hello,


Thank you for your questions

I am working on your answer. One moment please.
Expert:  FiveStarLaw replied 1 year ago.

Hello Catherine,

Here are my answers for comparison with your own:

Question 2
Under the common law rules of the nineteenth century, contracts designed to restrain trade or eliminate competition were:

b. not enforced when the courts found them to be unreasonable


Question 3

The Clean Air Act requires the EPA to:

e. do all of the above

Question 9

A soup company once made a television ad for one of its soups in which marbles were put in the bottom of the soup bowl to make the chunky stuff in the soup be near the top so it could be seen. This ad was:

a. illegal in the U.S. and probably illegal in most advanced European nations and in Japan

b. legal in the



Question 11

BT Company (American) is considering opening a factory in the Ukraine. The Ukraine political environment is a major concern. To protect itself in case of nationalization by the Ukraine government, BT should:


d. buy an "all risk" insurance policy to cover losses in case of nationalization of specified property


Question 13

Discriminating in price between different purchasers of the same goods, when the effect is to injure competition, was made:

a. illegal by the Robinson-Patman Act



Question 16


Which law holds "unfair methods of competition" to be illegal?


c. the Federal Trade Commission Act



Question 18

A consumer buys living room furniture. The store gives the consumer $2,000 credit to be paid back over two years. The store fails to disclose the interest rate that it charges for credit. Under the TruthAct, the store is wrong for not listing the interest:

b. but the consumer's only recourse is to cancel the contract


Question 19

Before passage of the 1938 Food, Drug, and Cosmetic Act, medicinal drugs were:

b. all prescribed by pharmacists or physicians




Question 21

When employers have been sued for monitoring the content of their employees' e-mails at work, the court have generally held that the monitoring:



a. is an invasion of privacy

b. is an invasion of privacy if personal e-mails are reviewed, not work-related e-mails

c. is sexual harassment if directed at women employees

d. is legal, employers have the right to do so, in part to prevent sexual harassment

e. none of the above

Question 22

The fact that many old industrial areas have become abandoned and firms do not wish to buy the land for future use because of potential Superfund liability is called the problem of:



a. urban blight


b. urban Superfunds


c. urban toxic abandonment


d. brownfields


e. none of the above

Question 23


In general, the NLRB and the courts will not permit outside union organizers access to:


d. the property of a company opposing unionization


Question 24


Nutrition labeling does not require which of the following to be listed per serving portion:



d. riboflavin



Question 26


During the 1960s the public became more concerned about the environment. This concern was sparked, in part, by:

c. the publication by Rachel Carson of Silent Spring

FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36494
Experience: 25 years of experience helping people like you.
FiveStarLaw and 2 other Business Law Specialists are ready to help you
Customer: replied 1 year ago.

thanks for those, but it appears only the first 3rd of questions were answered. Here are the rest of them.


 


 


Question 29


A place of entry in a country that does not assess duties or tariffs on products is called:



a. foreign trade zone


b. countervailing duty zone.


c. duty-free port


d. trade-enhancement zone


e. none of the above


Question 31


Which of the following is a provision of the Sherman Act:



a. unfair methods of competition in or affecting commerce...are...unlawful


b. it shall be unlawful for any person engaged in commerce...to discriminate in prices between purchasers of commodities of like grade and quality


c. no corporation...shall acquire...another corporation...where...the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly


d. every contract, combination...or conspiracy, in restraint of trade...is illegal


e. none of the above are a part of the Sherman Act


Question 34


In order to better manage currency exchange risk, a U.S. company could specify:



a. payment in dollars.


b. the choice of language.


c. the forum and choice-of-law.


d. a force majeur clause.


e. None of the above.


Question 36


In an effort to control the depletion of the ozone layer, which of the following treaties was signed in 1987?



a. the Versailles Treaty


b. the Hague Convention


c. the Geneva Convention


d. the Montreal Protocol


e. the International Convention on Environmental Rights

Question 37


Betty submits charges of unfair labor practices with a regional office of the National Labor Relations Board. The regional director decides the charges have merit and files a complaint. The complaint is heard by an administrative law judge (ALJ), who issues and decision and order. If one of the parties is unhappy with the decision of the judge, they may:



a. file an exception with the National Labor Relations Board in Washington, where it will be heard by a panel of three members.


b. file suit in the U.S. Court of Appeals.


c. file an appeal for review with the administrative law judge's superiors.


d. file suit in U.S. federal district court.


e. Decisions by the NLRB's administrative law judge cannot be appealed.

Question 39


When rival firms come together to agree to control output and raise prices, there is:



a. a horizontal merger


b. a cartel


c. a tying arrangement


d. an interlocking directorate


e. a vertical merger


Question 41

Federal regulation of the relationship between consumers and creditors is based on an umbrella law that contains several credit laws:

a. the TruthAct


b. the Consumer Credit Protection Act


c. the Equal Credit Opportunity Act


d. the Fair Consumer Credit Act


e. none of the above

Question 42


Under Superfund, if there is a hazardous waste site, liability for cleaning it up is apportioned among responsible parties according to:



a. EPA's rule that bills each party according to estimated portion of volume contributed


b. EPA's rule that bills each party according to estimated portion of toxic volume contributed


c. joint and several liability, whereby any one party could pay the entire bill


d. contribution rule, whereby each responsible party pays an equal portion of the entire bill


e. none of the above

Question 43


Workers' compensation law:



a. gives an employer immunity from employee tort suits arising from on accidents


b. applies only to accidents that conform to a specified set of allowable work injuries


c. holds employees responsible for reimbursing employers for the cost of injuries for which employees are at fault


d. is a federal program that is mandatory for nearly all workers


e. all of the above

Question 44


When an employer fires an employee in violation of a public policy exception to the presumption of at-will employment, the employee may sue for:



a. defamation


b. misrepresentation


c. wrongful discharge


d. tortuous employment


e. none of the above


Question 47


The following is not a requirement of businesses that want to build a new polluting plant in nonattainment areas?



a. the operators of the new plant must agree to control the plant's pollution to the maximum degree by the use of the LAER (Lowest Achievable Emissions Rate Technology)


b. the operators of new plants must show that a net air quality improvement will be had after the plant is built


c. the operators of the new plant must certify all their other plants are meeting requirements of the State Implementation Plan


d. new plants can be built in nonattainment areas only if the pollution from the new plant is offset by reductions in the same type of pollutant from other plants in the area.


e. all of the above are requirements


Question 51


Which class of securities is (are) exempt from the federal securities laws?



a. issues by governments


b. issues by corporations with assets under $1 million


c. issues by corporations with over $1 billion in assets


d. all of the above


e. none of the above


Question 54


Which class of employees is not covered by the National Labor Relations Act?



a. managers


b. independent contractors


c. government workers


d. airline workers


e. all of the above

Question 55

Under SEC rules, a "publicly held company" is a company:

a. with all its securities held by public, not private, investors

b. that has issued securities that are publicly traded

c. that belongs to New York Stock Exchange

d. with financial assets belonging only to public institutions

e. that only sells its securities to public, as opposed to private, investors


Question 59


Early trade customs for international commerce centered principally on the rules governing:



a. the concept of territory


b. sovereign jurisdiction


c. the law of the sea


d. nationality


e. the various local stock exchanges

Question 60


If a dispute between an employer and the union representing workers cannot be resolved by the standard internal grievance procedure, then most collective bargaining agreements call for the dispute to go to:



a. federal district court


b. the National Labor Relations Board


c. an outside labor arbitrator


d. the LaborResolution Board


e. none of the above

Question 61


The Clayton Act was passed largely in response to:



a. state interference in a federal issue


b. the Supreme Court's interpretations of the Sherman Act


c. Congressional dislike of free trade


d. price fixing by the Standard Oil Trust


e. what were perceived as dangerous fluctuations in the stock market

Question 62


The primary focus of the GATT and WTO negotiations has been:



a. to reduce exchange rate fluctuations


b. to increase anti-competitive behaviors


c. to promote the use non-tariff barriers


d. to develop world-wide rules on human rights


e. none of these

Question 63


The major export-promotion agency in the U.S. is:



a. the Commerce Department


b. the State Department


c. the U.S. Export Administration


d. the U.S. Export Control Agency


e. the International Court of Trade

Question 64


Under the Equal Pay Act, pay differentials on the basis of sex are eliminated by:



a. lowering the wages received by men


b. lowering the wages received by women


c. raising the wages received by women


d. raising the wages received by men


e. giving stock options to the group discriminated against

Question 65


The "bubble concept:"



a. allows facilities in an industrial complex to be treated as a single pollution source if the complex is expanded


b. is used in making EPA technology assessments in PSD areas


c. is a part of the emissions offset policy provided for the control of air pollution in nonattainment areas


d. is a part of the National Pollution Discharge Elimination System


e. is specified as the means through which the acid rain regulations are implemented under the 1990 Amendments

Question 66


The 1936 legislation known as the Robinson-Patman Act, amended which other piece of legislation?



a. the Clayton Act


b. the Sherman Act


c. the Lanham Act


d. the Kellogg-Brian Pact


e. the Federal Trade Commission Act

Question 67


A securities professional who engages in the business of buying and selling securities for their own account is a:



a. broker


b. dealer


c. investment adviser


d. scalper


e. churner

Question 70


The Worker Adjustment and Retraining Notification Act requires certain employers planning large layoffs to:



a. give employee advance notice


b. give employees and certain officials advanced notice


c. to notify the Secretary of Labor


d. find new jobs for employees who will lose jobs


e. to contact the state unemployment commission


Question 72


The courts use the rule of reason to decide some antitrust cases because:



a. the courts consider the facts surrounding a case to decide if a practice hurts or helps competition


b. it is reasonable to compare a case being tried to a previous case and use the decision from that case


c. the courts would rather use the rule of reason than go through a detailed economic analysis


d. all practices attacked under antitrust laws are anti-competitive and thus unreasonable


e. none of the above

Question 73


Carl works at a unionized workplace where the collective bargaining agreement requires all employees to pay union dues or agency fees. He refuses to join the union, which demands he pay an agency fee, part of which would be used for political purposes. Assuming this is not a right-to-work state:



a. union dues and agency fees must be equalized


b. Carl must pay agency fees, but may not be made to pay fees to support political activities


c. Carl may not be forced to pay any union fees


d. Carl may not be forced to pay union fees or be represented by a union without permission


e. none of the above




Question 75


The Used Car Rule requires dealers to give consumers the following information except:



a. a statement about any warranty terms offered with the vehicle


b. a statement about known defects with the vehicle


c. a warning that oral promises may not be enforceable


d. a suggestion that the consumer get an independent inspection of the vehicle


e. all of the above are required


Question 77


Because foreign judicial forums may not be very effective in resolving many international commercial disputes, many companies look to _______________ to resolve these disputes.



a. mediation


b. risk selection clauses


c. arbitration


d. the United Nations


e. the Private Court of Justice

Question 78

William is an attorney in Ohio. Melvin hires William to create a trust for his children. William has not been keeping up with developments in trust law, and so creates an inefficient trust. Under Ohio law, he could have created a much more beneficial trust. In this case:



a. William has violated a duty of loyalty


b. William has violated a duty of reasonable care


c. William has violated a duty of obedience


d. William has violated a duty to account


e. William may be out-of-date but has violated no duties

Question 79


The "learned intermediary" doctrine:



a. shields a physician from liability because of a drug company's mistake in dosage instructions


b. is invoked by regulatory agencies in their arguments in court arguments in support of new regulations


c. shields a drug manufacturer from liability when the doctor is liable for misuse of the drug


d. holds that the FDA has gone too far in preventing new, effective drugs from reaching the market in less time


e. holds federal regulatory agencies supreme in all matters regarding control of product safety

Question 80

A contract signed by a worker agreeing not to join a union is called a:



a. exclusive employment agreement


b. primary boycott


c. yellow-dog contract


d. agency shop contract


e. none of the above


Question 82


If you file a complaint with the EEOC, the average time it will take the agency to respond is:



a. one week


b. six weeks


c. one month


d. one year


e. ten years


Question 84


You hire an agent to sell your house for you. Typically, such an agent receives a fee only if they actually sell the house. This person is most likely:



a. a universal agent


b. a gratuitous agent


c. an agent who has an agency coupled with an interest


d. a special agent


e. none of the above

Question 86

The MagnusonWarranty Act:

a. overrules the Supreme Court's holding in the McDaniel case

b. gives the FTC power to ban the sale of defective products

c. gives the FDA power to warrant drug safety

d. set guidelines for consumer product warranties

e. provides authority to regulatory agencies to order corrective advertising for consumer products

Question 87

The Americans with Disabilities Act obliges employers to make reasonable accommodations for persons with disabilities. Reasonable accommodations means the employer must:



a. do whatever is necessary to make the workplace accessible.


b. incur expenses to make the work place accessible, limited only by the expected value to be earned by the potential employee.


c. incur only de minimis expenses to make the work place accessible.


d. provide substantial, ongoing physical or mental assistance to ensure the workplace is accessible.


e. None of the above are required by the ADA.

Question 88


Toxic, or unconventional water pollutants, are subject to an emission standard known as:



a. best possible technology


b. best available technology


c. best conventional technology


d. best remedial technology


e. best ambient technology

Question 89


After a plaintiff establishes a prima facie case of employer discrimination under Title VII, what happens?



a. the plaintiff wins


b. the plaintiff receives a punitive damages award


c. the plaintiff concedes the case and the defendant wins


d. the defendant automatically loses


e. the burden of proof shifts to the employer

Question 90


A new organization replaced the GATT mechanism. This organization is:



a. the United Trade Organization


b. the International Trading Union


c. the World Trade Organization


d. the European Trade Organization


e. the Unified Trade Group

Question 94


A particular problem faced by software companies in international markets is:



a. excessively restrictive tariffs


b. piracy of their intellectual property


c. difficult customs procedures


d. inability to export to developing nations


e. lack of interest in the product overseas

Question 95


The doctrine of sovereign immunity allows:



a. a foreign nation to try all cases involving its nationals before an international tribunal


b. a domestic business to take all claims against a foreign sovereign before the International Court of Justice


c. a court to give up its jurisdiction over foreign enterprises or countries


d. a court to bring the U.S. government to trial in all cases involving government departments


e. a foreign country to seize the property of businesses if the seizure is for a public purpose and the country pays the business just compensation


Question 97


Compliance with the MagnusonWarranty Act seems to:



a. be a money maker for companies


b. cost a little


c. cost quite a bit


d. cost a fortune


e. are not known


Question 99


Securities in the U.S. are valued at about:



a. $500 million


b. $5 billion


c. $50 billion


d. $500 billion


e. in the trillions of dollars



Expert:  FiveStarLaw replied 1 year ago.
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