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Question 1 X Business Corporation markets its products in
X Business Corporation markets its products in three states. Under the Constitution’s commerce clause, Congress can regulate
a) any and all commercial activity in the United States.
b) only commercial activities that are in interstate commerce.
c) only commercial activities that are local.
d) only activities that have nothing to do with commerce.
Which of the following is FALSE regarding lawsuits pursuant to Title VII of the Civil Rights Act?
a) An employer can be liable for discrimination pursuant to Title VII based on the "disparate impact" theory even if there is no evidence of intentional discrimination.
b) Language discrimination based on an English-only policy can be grounds for a national origin discrimination lawsuit if the employer does not have a legitimate business reason for requiring its employees to speak English.
c) Discriminating against applicants for employment based on their appearance because they are not sufficiently attractive, pretty, or handsome is as a general rule a Title VII violation since the non-attractive are discriminated against.
d) Sexual stereotyping of women based on stereotypical notions of appropriate female behavior by male managers is a violation of Title VII.
Questions in writing served by one party on the other prior to trial are called:
d) Document Productions.
Which statement is FALSE about the Federal Trade Commission's (FTC) regulation of advertising in the United States?
a) The FTC can sanction a company's advertising if it is either false, that is, a lie, or deceptive, that is, misleading.
b) The FTC's legal standard for false and deceptive advertising is the same as common law tort of fraud since "a lie is a lie."
c) An omission of something important in a product advertisement, especially if what is missing relates to health and safety, can render the advertisement deceptive according to the FTC.
d) "Bait and switch" advertising and marketing practices have been deemed deceptive and thus illegal by the FTC.
Which of the following most likely is illegal discrimination pursuant to Title VII of the federal Civil Rights Act?
a) Not considering applicants for manufacturing sales positions because of their religious beliefs in incarnation.
b) Not hiring applicants for sales positions who are smokers of tobacco products.
c) Not hiring gay, lesbian, bisexual, or transgender employees.
d) Not hiring candidates whether male or female who are parents when extensive travel is involved with the position.
A merchant is a person who:
a) Deals in goods of the kind involved in the transaction.
b) By his or her skill or occupation, holds himself or herself out as having special skill or knowledge regarding the goods in the transaction.
c) Employs a merchant as his or her agent.
d) Any of the above would qualify a person as a merchant.
Which of the following is a false statement?
a) The U.S. Constitution expressly states that Congress has the power to regulate interstate commerce.
b) When state regulations in the U.S. impinge on interstate commerce, commerce must yield to the state regulations, no matter how heavy the burden placed on the commerce since states possess sovereignty within their borders.
c) When there is a direct conflict between a federal and state law in the U.S., the state law is rendered invalid.
d) Some federal constitution protections in the U.S. apply to business entities such as corporations.
The difference between the old common law tort of deceit and the doctrine of negligent misrepresentation is the element of
In an antitrust case where a plaintiff is challenging a proposed merger involving the defendant, which is true about the likely arguments the parties will make regarding the relevant market?
a) Both parties will likely argue for a narrowly defined relevant market.
b) The plaintiff will argue for a narrowly defined relevant market and the defendant will argue for a broadly defined relevant market.
c) The plaintiff will argue for a broadly defined relevant market and the defendant will argue for a narrowly defined relevant market.
d) Both parties will argue for a broadly defined relevant market.
Which of the following facts is the best evidence of the existence of a partnership relationship?
a) Joint or common ownership of property
b) Sharing of gross returns of a business
c) Sharing of net profits of a business
d) Joint participation in a business activity
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