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Rights-based ethical theories

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1. Which of the following is not accurate?
A One benefit to being a sincere ethical emotist is that one is morally infallible.
B One convenience to being an ethical emotist is that one can change one’s mind about a moral issue simply by expressing a different feeling about an action.
C Morality is a societal-based phenomena according to the doctrine of ethical relativism.
D Cultural relativism is a prescriptive ethical theory that sets forth moral norms.
2. Which of the following is NOT an accurate statement?
A One major criticism of utilitarianism is that it may sacrifice justice for the minority in an attempt to maximize the greater good.
B It is possible pursuant to utilitarianism to ethically legitimize an action as moral even though it causes pain and exploitation.
C Kant would condemn utilitarianism as an immoral ethical theory because he maintains that the “ends do not justify the means.”
D Emotion, according to Kant, is the source and ultimate basis for morality.
3. Rights-based ethical theories:
A Are generally based on producing the greater amount of stakeholder happiness
B Determine the moral worth of an action regardless of their production of happiness
C Are largely based on the examination of the consequences of an action
D Classify corporate social responsibility among the positive rights that must be enforced by government regulatory agencies.
4. Pursuant to traditional philosophical analysis which of the following statements is/are true?
A Morals and morality are different from ethics.
B Intrinsic values are different from instrumental values.
C Cultural relativism is different from ethical relativism.
D All of the above.
5. Someone who believes that moral decisions should be made such that the greatest number of people receive the greatest amount of good out of the actions, believes in which moral theory?
A Ethical relativism.
B Utilitarianism.
C Ethical fundamentalism.
D Kantian ethics.
6. Which of the following is a correct statement?
A Kant maintained that since Fate ruled all one’s actions, one could not be held morally accountable for a bad action.
B An intelligent person resolves moral issues by appealing to what most people believe.
C Self-control is a necessary trait of the moral person.
D Ethics is scientific because it provides absolute proof of general ethical principles as well as indisputable certification of specific moral judgments.
7. Consumer Products, Inc., asks its employees, many of whom are unionized, to apply the Utilitarian theory of ethics. This theory does NOT require
A A choice among alternatives that will produce maximum social utility
B A determination of what individuals will be affected by an action
C An assessment of the positive and negative consequences of alternative actions on individuals affected
D The acquiring of the means of production and distribution by the workers.
8. The major problem with the doctrine of ethical egoism is:
A Most people are shy and hesitant about seeking to fulfill their self-interest.
B Most people are usually more interested in the welfare of other people than themselves.
C The doctrine does not provide a mechanism to settle differences when egos clash.
D If each person satisfies his or her self-interest, the general welfare will be served.
9. Biotech Research Associates asks its employees to consider ethical behavior from the Categorical Imperative perspective. The Categorical Imperative
A Allows a person to control the behavior of persons who behave unethically
B Does not permit individuals to submit to the dictates of an unjust government
C Focuses on personal survival
D Requires that a person consider the effect of his or her action if everyone behaved the same way.
10. Ethical egoists typically and prudently would say that the doctrine of ethical egoism:
A Has no limits if one has a “big ego” and a lot of power.
B Is constrained by taking a long-term approach.
C Is constrained because it is often in one’s self-interest to take the interests of others into account.
D B and C.
11. The Sophists, who were known as respected teachers in ancient Greece, became vilified through time, and now have the negative words "sophist" and "sophistry" associated with them, because:
A They emphasized that there was no universal truth in morality, ethics, justice, and religion.
B They placed an emphasis on debate, rhetorical skills, and argumentation regardless of any underlying truth.
C They were known as the first business consultants and emphasized making money and securing power by whatever means necessary, and then getting good publicity for being socially responsible.
D All of the above.
12. Eva, the chief executive officer of Federated Corporation, wants to ensure that the company's activities are legal and achieve the greater good. The best course for Eva and her company is to act in
A Ignorance of the law
B Regard for the firm's shareholders only
C The
Thank you so much for your patients while I typed out your answer
Here are my answers for comparison with your own:
1 D
2 D
3 B
4 D
5 B
6 C
7 D
8 C
9 D
10 D
11 B
12 cut off but I believe this may be the question:
Eva, the chief executive officer of Federated Corporation, wants to ensure that the company's activities are legal and achieve the greater good. The best course for Eva and her company is to act in
Ignorance of the law
Regard for the firm's shareholders only
Their own self-interest
answer - None of the above.
If you have any further questions, I am happy to assist you. You can start your new question with "for FiveStarLaw" and send it to the appropriate legal, tax or homework category so that the question is directed to me and I can give your question my immediate attention
Thank you very much,
Customer: replied 5 years ago.

You are missing the rest of the questions for this assignment 12-90

12. Eva, the chief executive officer of Federated Corporation, wants to ensure that the company's activities are legal and achieve the greater good. The best course for Eva and her company is to act in
AIgnorance of the law
BRegard for the firm's shareholders only
CTheir own self-interest
DNone of the above.
13. Which statement is correct about the employment at-will doctrine in the United States?
AIt has been abrogated by federal statute.
BEmployers can fire at-will, but by federal law they are required to pay severance based on employee pay and length of service.
CIt can result in a legal but immoral discharge.
DIt never applies to minorities since they cannot be discharged pursuant to the Civil Rights Act.
14. Laredo believes that all ethical standards and principles are set forth in a book called Ethics for All that was written by a prominent ethics philosopher. Laredo refers to this book for guidance and rules by which to lead his life. Which of the following ethical theories most accurately describes Laredo's approach and conduct?
AKantian ethics
CEthical Relativism
DSocial Darwinism
15. Which of the following is NOT an accurate statement about the Utilitarian ethical theory?
AIt determines the moral worth of an action based on what a society believes is morally right
BIt may allow the personal interests of individuals to be sacrificed in that the collective good be attained
CIt is usually regarded as a consequentialist ethical theory
DIt determines the moral worth of an action by whether the action achieves the greatest overall balance of satisfaction over dissatisfaction.
16. A procedure which can be best used to assess the moral health of a corporation is the:
ASocial audit
BCorrupt practices inventory
CMoral audit
DLegal audit
17. The Principle of Last Resort holds that:
AOne has a legal duty to rescue a person in need
BOne may have a moral duty to rescue a person in need
CIf one is the last real chance to rescue a person in need, one is always acting immorally by failing to rescue
DThe law will always immunize a person from a negligent but good faith rescue attempt.
18. If the conduct of International Software Corporation is found to be unethical, it could suffer
ALost profits
BNegative publicity
CAdverse legal consequences if the conduct also violated the law
DAll of the above.
19. The U.S. Supreme Court's affirmative action decisions in the University of Michigan cases:
AStruck down all affirmative action plans as immoral "reverse discrimination" based on Kantian ethics.
BUpheld limited affirmative action plans based on Utilitarian diversity rationales.
CStruck down all affirmative action preference type plans as immoral, but allowed selective advertising and mentoring by schools and companies aimed at minority and women's groups.
DWere posited by the Court as the federal government's response to slavery reparations and as an explicit means to fulfill President Lincoln's promise of "40 acres and a mule" to the freed slaves.
20. Applying Aristotle's Doctrine of the Mean to corporate social responsibility, one can best say that:
AA company should give generously to local charities or else it will get a reputation in the community for being mean.
BA company need not get involved in civic and community affairs and give to charities unless legally obligated to do so.
CA company should focus on profit first but also do "good deeds" in the community but in a prudent manner.
DA company should require its employees to donate their own money and time to charities but make sure that the company gains the good reputation from their efforts.

Please post or upload )to a 3rd party file sharing site) the 70 remaining questions. Please also let me know your deadline

Customer: replied 5 years ago.

Don't know how to do that

20. Applying Aristotle's Doctrine of the Mean to corporate social responsibility, one can best say that:
AA company should give generously to local charities or else it will get a reputation in the community for being mean.
BA company need not get involved in civic and community affairs and give to charities unless legally obligated to do so.
CA company should focus on profit first but also do "good deeds" in the community but in a prudent manner.
DA company should require its employees to donate their own money and time to charities but make sure that the company gains the good reputation from their efforts.
21. Advocate Antonio believes that corporations should not only be held accountable for their financial states, but also for some level of charitable and community and civic involvement. Antonio's beliefs would most likely be defined as:
AA code of ethics
BA social responsibility view
CA corporate moral audit
DA distributive justice legal theory.
22. Payments by representatives of Western Technology, Inc. to foreign government officials in exchange for favorable business decisions in foreign countries are best described as:
AAlways illegal under the U.S. Foreign Corrupt Practices Act since bribery is a serious legal wrong
BLegal if they are "facilitating and expediting" payments
CAlways immoral based on ethics since bribery is a serious ethical wrong.
DLegal if the foreign government official tells the company representatives that the payment is legal under the official's country's laws.
23. Maria owns her own business and has just attended a cash flow management seminar where it was suggested the businesses should delay paying their suppliers as long as absolutely possible even if doing so violates the stated payment terms. Maria decides to continue paying her supplies on time in accordance with their payment terms because Maria would like her customers to pay her on time. Maria has reached her decision primarily in accordance with:
AEthical relativism
CCorporate social responsibility
DKantian ethics.
24. Some consumers misuse the products of Midwest Manufacturing, Inc., but in a foreseeable manner, and are injured. In terms of responsibility for consequences, Midwest may have
AAn ethical duty only
BA legal duty only
CAn ethical and legal duty
DNeither an ethical nor a legal duty.
25. Whistleblowing, that is, disclosure of wrongdoing, by corporate employees can be described today as:
AMorally required if the whistleblower is the last real alternative to disclose the wrongdoing and the other parts of the Principle of Last Resort are applicable.
BLegally protected under the Sarbanes-Oxley Act if the whistleblowing is by an employee of a publicly traded company regulated by the Securities and Exchange Commission and concerns some type of securities fraud or fraud against the shareholders.
COnly legally protected under those states that have private sector Whistleblower Protection Statutes if the whistleblowing is made to an appropriate government agency.
DAll of the above.
26. Which of the following corporate governance reform strategies, if adopted, would be MOST LIKELY to decrease the amount of immoral and "irresponsible" corporate behavior?
ARequiring the study of business ethics in business schools and corporate training
BIncreasing the amount of legal regulation of business and imposing stronger penalties for violations
CIncreasing executives' power to determine their fellow executives' compensation packages
DReducing the amount of government regulation of business since market forces invariably will operate to deter corporate misconduct.
27. The following statements pertain to the use of the law as a device to control corporate misbehavior. Which statement is most accurate?
AA factor operating as a limit on the law's effectiveness is that rational corporate actors may at times consciously decide it makes more sense to violate a legal rule to advance their self-interest if they think they can "get away with it."
BBecause business entities seldom have a significant voice in determining the law's content, the law has generally proved to be an ineffective control device.
CA basic assumption underlying the use of the law as a control device is that corporations frequently behave irrationally.
DThe law as a control device is irrelevant since market forces eventually will curb all illegal and immoral conduct.
28. In studying business law, Professor Ferrari's students also study ethics in a business context. Ethics in essence is the study of what constitutes
ASocially responsible behavior
BLegal behavior
CRight or wrong moral behavior
DProfit-maximization for business but moral behavior for people.
29. Global Clothing Corporation, like other businesses today, has enforceable duties prescribed by
AEthics only
BThe law
CEthics and the law
DSocial responsibility.
30. Which statement is NOT correct?
AThe Kantian moral philosopher believes that formal "legal" law is superior to universal moral rules and ethical principles that can be determined by reason.
BEthics is the branch of philosophy that focuses on what constitutes right and wrong behavior.
CEthics is not concerned with the philosophical, theoretical, rational basis for morality.
DAn action may be legal but not moral.
31. Best Toy Company begins marketing a new toy that is highly flammable. The Consumer Product Safety Commission may
Aban the toy's future manufacture and sale, and order that the toy be removed from the market.
Bban the toy's future manufacture and sale only.
Cdo nothing until there is an injury or damage on which to base an action.
Dorder that the toy be removed from the market only.
32. Fran owns a restaurant business, Ocean's Harvest, Inc., which she has incorporated as a one-person corporation (that is, she is the sole shareholder, director, and serves as all corporate officers) specializing in gourmet seafood. Unfortunately, one of the company's employees, a cook, improperly prepares a fish dinner consisting of shellfish and poisons a customer, who becomes very seriously ill. When the customer recovers, he sues and wins his lawsuit. Which statement is the MOST accurate?
AThe obligation to the customer is solely the responsibility of the corporation, Ocean's Harvest, Inc.
BThe obligation to the customer is the responsibility of the corporation, Ocean's Harvest, Inc, but also may be Fran's personal obligation if the "corporate veil" is "pierced" (that is, "corporateness" is disregarded) by the court.
CThe obligation to the customer is the responsibility of the corporation and also Fran personally since one-person corporations are usually shams and thus illegal pursuant to federal law.
DThere is no obligation to the customer based on the old legal doctrine of Caveat Emptor ("Let the buyer beware.") as applied to eating shellfish.
33. The directors of Global Investment Company made a "bad" business decision in 2006, by relying on the advice of financial experts and lawyers and accountants, who all thought the real estate market would continue to rise for years and years; and thus the directors invested heavily in mortgage backed securities instead of conservative gold and gold stocks and Treasury bonds. Of course, when the recession came, Global Investment Company lost a great deal of money for its shareholder investors. The shareholders then sued the directors for negligence. The directors are best protected legally by:
AThe comparative negligence doctrine because the shareholders likely were sophisticated investors who should have known that "what goes up, must come down."
BThe assumption of the risk doctrine since everyone knows that the stock market is a risky venture.
CThe Business Judgment Rule even though the decision turned out to be a "bad" business one.
DThe doctrine of strict liability for ultra-hazardous activities since it was common knowledge at the time that people were being granted mortgages with no down-payment and no verifiable evidence of income, assets, or employment.
34. Liquor company has an advertisement for its wine-coolers on television which shows several young-looking (though over 21) boys and girls having fun sailing a boat. The ad is a very sexy one, as the young people are very attractive and in bathing suits and are frolicking about the boat; but the ad does not show the young people actually drinking the product. Pursuant to the Federal Trade Commission's deceptive advertising standards, this ad is best described as:
ALegal since nothing is false about it and the actors are over 21 and naturally one would expect that they be good-looking, and thus the ad meets all FTC standards for advertising.
BLegal so long as the FTC first approves it and the ad is not placed on any TV shows geared for children, such as Saturday morning cartoon shows.
CIllegal since it could be misleading in the sense that young people could be misled into believing that drinking and boating can be mixed safely.
DIllegal because all advertising is, in essence, lies, deceptions, and half-truths.
35. Marianne and Craig form a contract for the sale of certain goods. The contract is otherwise fine but it has a clause for the price term that says: "Agreement to Agree: The parties to this contract agree that they will agree to a reasonable price in the future." A controversy between the parties develops as to contract performance. Marianne contends the contract is not valid and thus she has no obligation to perform. Her position legally is best described as:
ACorrect since a key contract term is too vague.
BCorrect so long as the contract was signed by both parties and witnessed.
CIncorrect since an agreement to agree on price is permissible under the Uniform Commercial Code.
DCorrect since the contract is permeated by fraud and deceit.
36. Jim and Gail contract for the sale of 500 computers. The agreement states, "The obligations of the parties are conditional on Gail obtaining financing from First Bank by August 1." This clause likely is
Aa condition precedent.
Ba condition subsequent.
Ca concurrent condition.
Dnot a condition.
37.The Occupational Safety and Health Administration inspector comes to inspect Joe's business, showing an administrative inspection warrant, and notices violation of certain OSHA rules. After a hearing, Joe is fined several thousand dollars. He refuses to pay the fine, contending in court that OSHA acted illegally. The likely result of Joe's lawsuit will be:
AJoe will prevail since administrative agencies in the United States cannot make enforceable law; only Congress can.
BJoe will prevail since the agency inspector merely had an administrative search warrant and not a traditional police search warrant based on probable cause of legal violations.
CJoe will prevail since the U.S. Constitution sets forth only three branches of government and not a fourth administrative agency branch.
DJoe will lose assuming the hearing was a fair one.
38.Omega Sales, Inc., promotes employees on the basis of color. Employees with darker skin color are passed over in favor of those with lighter skin color, regardless of their race. This is prohibited by
Athe Americans with Disabilities Act of 1990.
Bthe Equal Pay Act of 1963.
CTitle VII of the Civil Rights Act of 1964.
Dnone of the above.
39.A-One Products Corporation and Best Manufacturing, Inc., enter into a contract for a sale of goods that does not include a price term. In a suit between A-One and Best over this contract and the price, a court will
Adetermine a reasonable price.
Bimpose the lowest market price for the goods.
Crefuse to enforce the agreement.
Dreturn the parties to the positions they held before the contract.
40.Ken is a shareholder of Local Delivery, Inc. A court might "pierce the corporate veil" and hold him personally liable for Local's debts
Aif Ken's personal interests are commingled with Local's interests to the extent that Local has no sepa¬rate identity.
Bif Local calls too many shareholders' meetings.
Cif Local is overcapitalized.
Dunder no circumstances.
41.Rajiv, the owner of a very nice and successful Indian restaurant, House of India, in western Broward County, is going to retire. He plans to sell the business, together with good will and recipes, and with the current staff remaining, to the Patel family, who are new to the restaurant business. Although Rajiv says he is going back to India, the Patel family members are not so sure that Rajiv will return to Florida and open up a competing restaurant business in the near vicinity, thereby drawing back his old customers to the detriment of the Patel family. Accordingly, as part of the contract for the sale of the business, a covenant-not-to-compete clause is included wherein Rajiv promises not to compete directly or indirectly in the Indian restaurant business for two years and in a radius of 10 miles of the House of India. The likely legal effect of this covenant is:
AThe covenant is illegal and void since it is a restraint of trade in violation of the Sherman Anti-trust Act.
BThe covenant is illegal and void since it is against public policy, which favors competition.
CThe covenant is legal since it appears reasonable in time and place.
DThe covenant is illegal since it seems unreasonable in time and place.
Customer: replied 5 years ago.

42. Pursuant to U.S. statutory immigration law, immigrant visas can be granted to immigrants who possess "extraordinary" knowledge, abilities, and talents since they will benefit the United States. Idi Obuku is a drum-maker from Uganda who specializes in making native drums and other local cultural artifacts. He is denied an immigrant visa by the Immigration Division of Homeland Security after an administrative hearing because he was not deemed to be sufficiently "extraordinary." He appeals the agency's decision to the federal court. The result of this lawsuit likely will be:

A Idi Obuku will win since all immigration determinations have to be made after a trial in federal district court.

B He will lose because he is from Africa.

C He will lose because there is no right to appeal immigration decisions now that Immigration is part of Homeland Security.

D He will win if he can convince the federal court to substitute its interpretation and application of the law for that of the agency.

43. Big Nuclear Energy Corporation commences a pro-nuclear advertising campaign to extol the benefits of safe nuclear energy. Vermont, the Green Mountain state, passes a law prohibiting the company from advertising in Vermont. The likely result of such a lawsuit would be:

A The Vermont law would be struck down as a violation of the company's free speech rights under the First Amendment.

B The law would be upheld since nuclear energy is known to be dangerous and Vermonters do not want to encourage the nuclear industry.

C The law would be upheld since corporations do not have any First Amendment rights.

D The law would be struck down since only the federal government and the Federal Trade Commission can regulate advertising in the United States.

44. Samir, a legal resident of the U.S., applies for a job position with an employer as a word processor. The position requires that a person type into Word documents various old books, many of which have "fine" print, so that they can be converted into electronic editions. Which of the following is NOT a violation of U.S. civil rights laws?

A Samir does not get the job because he is dark-skinned.

B Samir does not get the job because he is from Pakistan.

C Samir does not get the job because his eyesight is very, very poor and not sufficiently correctable.

D Samir does not get the job because he is a Muslim.

45. Gamma Company agrees to sell software to Holly from Gamma's Web site. To complete the deal, Holly clicks on a button that, with reference to certain stated terms, states, "I agree." The parties have

A a binding contract that does not include the terms.

B a binding contract that includes only the terms to which Holly later agrees.

C a binding contract that includes the terms.

D no contract.

46. Jack, an older worker who was laid-off from his job due to economic reasons, applies for a new position with Y Corporation, He is rejected for employment. The reason given is that he is "over-qualified." The position remains open and another younger candidate is chosen. Jack sues for discrimination based on age in violation of the ADEA. Which is an accurate statement regarding Jack's lawsuit?

A Jack must be over 40 to bring a lawsuit.

B Jack will prevail if he can convince the court that the use of the words "over-qualified" was a "code word" showing a discriminatory intent.

C Jack will lose if the company can convince the court that having a young person in the position was a BFOQ.

D All are accurate.

47. John, Jr., a college freshman, 17 years old, and thus a minor, lies about his age, stipulating in writing that he is 19, and buys a big, flat-screen TV from Good Buy. The TV is badly damaged when John, Jr. and his friends are tossing around a football in his dorm room. He returns the TV to Good Buy and demands his money back, saying he is just 17 years old. The likely legal result of this situation would be:

A Since he is a minor he can disaffirm the contract and get all his money back and is protected due to his youth and immaturity.

B Since he is a minor he can disaffirm the contract and get some money back but because he lied, he is liable for the damage and depreciation to the TV.

C He cannot disaffirm even though he is a minor since he misrepresented his age and the misrepresentation is in writing..

D He cannot disaffirm the contract since a big, flat-screen TV would probably be regarded as a "necessity" for a college student today.

48. Before opening her new sports merchandise store, Kay places an ad in the news¬paper showing cross-training shoes at certain prices. Within hours of opening for busi¬ness, the store is sold out of some of the shoes. In this situation

A Kay has made an offer to the people reading the ad.

B Kay has made a contract with the people reading the ad.

C Kay has made an invitation seeking offers.

D Any customer who demands goods advertised and tenders the money is entitled to them.

49. ABC Sales Corporation wants to protect its customer lists as legally protected trade secrets. Accordingly, it should:

A Take reasonable steps to maintain the secrecy and confidentiality of the information in the list.

B Copyright them since customer lists are not sufficiently scientific and technological to deserve trade secret protection.

C Demonstrate that the customer list has economic value since it gives ABC a business and competitive advantage.

D A and C.

50. Metro Transport asks for bids on a construction project. Metro estimates that the cost will be $200,000. Most bids are about $200,000, but A&B Construction bids $150,000. In adding a column of figures, A&B mistakenly omitted a $50,000 item. Because Metro had reason to know of the mistake

A A&B can avoid the contract because Metro knew or should have known of the errors.

B A&B can avoid the contract because the errors were the result of negligence.

C Metro can enforce the contract because the errors were unilateral.

D Metro can enforce the contract because the errors were material.

51. A bridge’s design is defective and soon after completion it begins to visibly sway in the wind. Everyone stays off, except Carl, who wants to show off. Carl falls from the bridge and sues its maker, who can raise the defense of

A assumption of risk.

B commonly known danger.

C product misuse.

D none of the above.

52. What is a derivative lawsuit?

A An action brought by the board of directors on behalf of the corporation.

B An action brought by a majority of the board of directors against an individual board member.

C An action brought by a shareholder or shareholders on behalf of the corporation when the board of directors does not file the suit.

D An action brought by shareholders against the corporation.

53. Under law, a tort can be best described as:

A Any violation of an ethical duty.

B Another term for a crime or misdemeanor.

C Any action done in violation of a prior agreement which allows the victim to recover damages.

D A civil wrong which allows the person injured or harmed to recover damages.

54. In a negligence lawsuit, the causation element would be satisfied by a showing of:

A An intentional action by the defendant that intended to and caused harm to the plaintiff.

B Actual legal cause and proximate cause of the injury.

C A purposeful malicious act by the defendant that caused harm to the plaintiff.

D None of the above.

55. Which of the following practices is not a “bait and switch”?

A Running out of the advertised product because the high demand was not anticipated.

B Refusing to show customers the advertised product.

C Discouraging employees from selling the advertised product.

D Not having supplies of the advertised product on hand.

56. Central Data Corporation and Digital, Inc., are competitors. They form a joint venture to research, de­velop, and produce new software for a particular line of computers. This joint venture is

A a per se violation of the Sherman Act

B exempt from the antitrust laws.

C subject to continuing review by the appropriate federal agency.

D subject to the Rule of Reason.

57. The Commerce Clause in the Constitution gives the federal government the power to regulate commerce which:

A Actually crosses state lines only.

B Affects interstate commerce or is conducted with foreign nations or Indian tribes.

C All commerce.

D The states have chosen not to regulate.

58. A decree of rescission is

A an action to cancel a contract and return the parties to the positions they held before the contract’s for­mation.

B an award of damages.

C an order to do or refrain from doing a particular act.

D an order to perform what was promised.

59. Which of the following is a false statement?

A U.S. child labor laws provide that children aged 12-14 may engage in sales work outside school hours if their parents consent and if no heavy lifting is involved.

B Both men and women can sue for sexual harassment in the United States.

C Whistleblowing by employees in the private sector can now be a legally protected activity pursuant to some states’ laws in the United States.

D A deceptive advertisement is one that is either false or misleading pursuant to the U.S. Federal Trade Commission’s legal standards.

60. To be guilty of monopolization, the defendant must:

A Possess monopoly power.

B Have obtained the monopoly power by some willful wrongful act.

C Must be part of a conspiracy, combination, or contract.

D A and B only.

61. Jill invests $1,000 to buy 10 shares of Good Corporation. The corporation goes bankrupt having no assets and $l million in liabilities. The most Jill can lose is the $1,000 she invested. This is an example of the corporate characteristic of:

A Limited liability.

B Free transferability of shares.

C Perpetual existence.

D Centralized management.

62. If the buyer breaches the contract before the goods are completed, the seller can:

A Complete the goods and resell them.

B Stop work on the goods and resell them as scrap.

C Recover damages from the buyer.

D A, B and C.

63. Sam and Tony want to discharge their obligation under a prior contract by executing and performing a new agreement. They must execute and perform

A an accord and satisfaction.

B an assignment.

C a novation.

D a nullification.

64. Article 2 of the UCC covers which types of transactions:

A Sales of goods and sales of real property.

B Sales of goods and leases of goods or real property.

C Sales of goods and contracts for the providing of services.

D Sales of goods and leases of goods.

65. Which of the following factors can never be used as a legal bona fide occupational qualification?

A Sex.

B Religion.

C Race.

D B and C.

Customer: replied 5 years ago.

65. Which of the following factors can never be used as a legal bona fide occupational qualification?

A Sex.

B Religion.

C Race.

D B and C.

66. A provision under the UCC which affects merchants differently from nonmerchants is:

A The effect of additional terms in an acceptance.

B The firm offer rule.

C The written confirmation rule.

D All of the above.

67. Where the principal makes representations to a third party, such as the use of a title in the employment situation, about the role that an agent is to play, which kind of authority usually arises?

A Apparent authority.

B Authority by ethics.

C Inherent authority.

D Express authority.

68. Which statement is TRUE regarding U.S. anti-trust law?

A All monopolies are illegal pursuant to Section 2 of the Sherman Anti-trust Act.

B All horizontal mergers are illegal pursuant to Section 7 of the Clayton Act.

C Vertical territorial division is a restraint of trade that is governed by the Rule of Reason of anti-trust law.

D Evidence of predatory, abusive, and unethical conduct by a monopoly is insufficient to show intentional wrongful conduct for monopolization purposes.

69. What is the legal significance of the distinction between rule of reason violations and per se violations under the Sherman Act?

A Rule of reason violations must be proven beyond a reasonable doubt and per se violations must be proven with a preponderance of the evidence.

B Rule of reason violations require an agreement with at least one other party, but per se violations can occur without an agreement with others.

C Rule of reason violations relate to actions brought by private parties and per se violations relate to actions brought by the government.

D Rule of reason violations ultimately may be proven to be legally acceptable, but per se violations cannot be deemed to be acceptable under any circumstances.

70. A standard business corporation must have:

A a shareholder or shareholders.

B a board of directors.

C a registered agent.

D All of the above

71. Which of the following is a false statement?

A The Civil Rights Act of 1964 in the U.S. does not expressly prohibit job discrimination based on educational standards.

B The Civil Rights Act of 1964 in the U.S. does not expressly prohibit job discrimination based on sexual preference or orientation.

C The U.S. Equal Employment Opportunity Commission can sue in federal court on behalf of a victim of discrimination.

D Under current U.S. law, corporate employers cannot advertise for positions in minority or women’s business journals since that would be “reverse discrimination.”

72. The Statute of Frauds requires that certain types of contracts:

A Be in writing in order to be valid.

B Be in writing in order to be enforceable.

C Contain a promise for an act.

D Have two or more attorneys present at the signing of a written contract.

73. In the context of agency, ratification refers to:

A Reaffirming a contract which one previously agreed to.

B Agreeing, after reaching majority, of a contract entered into as a minor.

C Agreeing to be bound to a contract entered into by an agent which exceeded the agent's authority at the time the agent entered into it.

D Getting the appropriate agency to agree to take steps to reduce an excessively large rodent population.

74. A contract that one party may avoid without being in breach is

A Void

B Valid

C Voidable

D Executory

75. A party to a lawsuit may file a motion to dismiss

A only if the court lacks jurisdiction.

B only if the complaint does not state a claim for which relief can be granted.

C if the court lacks jurisdiction or if the complaint does not state a claim for which relief can be granted.

D under no circumstances.

76. Which statement is FALSE about the Clean Air Act and the Clean Water Act?

A Both strictly forbid any air or water pollution in the United States.

B Both allow the Environmental Protection Agency to set air and water standards and to enforce them along with the states.

C Both are major Congressional statutory enactments designed to protect the environment.

D Both require companies to use the best available technology to reduce and to curtail pollution.

77. The board of directors of Omega, Inc., announces a cash dividend.

A cash dividend may not be paid from A accumulated surplus.

B gross profits.

C net profits.

D retained earnings.

78. Unless the amendment is one the board may adopt without shareholder action, amendment of the articles of incorporation:

A may affect such provisions as would be lawful and proper at the time the amendment is adopted.

B must be approved by a majority of the votes entitled to be cast on the amendment by any voting group with respect to which the amendment would create dissenters' rights.

C must be approved by the votes required of every other voting group entitled to vote on the amendment

D All of the above

79. Which of the following is true about punitive damages?

A They are generally not available for breach of contract claims.

B They are awarded only if consequential damages are also awarded.

C They are awarded where specific performance is not available.

D Their purpose is to give the nonbreaching party the benefit of the bargain.

80. What, functionally, is the relationship between partners?

A A partner is an agent of his or her fellow partners, who are his or her principals.

B A partner is a principal of his or her fellow partners, who are his or her agents.

C Both a and b

D Neither a nor b

Customer: replied 5 years ago.
80.What, functionally, is the relationship between partners?
AA partner is an agent of his or her fellow partners, who are his or her principals.
BA partner is a principal of his or her fellow partners, who are his or her agents.
CBoth a and b
DNeither a nor b
81.Which of the following is true about the Uniform Partnership Act?
AIt is a federal statute which covers all partnerships.
BIt is the statute which set up partnerships as pass-through entities for tax purposes.
CIt is a model statute which has been enacted by nearly all states as state law governing the formation and operation of partnerships.
DIt can apply only if there is no other statute or common law principle covering the applicable condition.
82.The jury returns a verdict against X Corporation, in its suit against Y, Inc. X can file a motion for
Aa directed verdict.
Ba judgment on the pleadings.
Ca new trial or for a judgment notwithstanding the verdict.
Dsummary judgment.
83.X signs a covenant not to compete with his employer, Y Sales Corporation. X has access to his employer’s confidential customer list. This covenant is enforceable if it
Ais not ancillary to the sale of a business..
Bis reasonable in terms of geographic area and time.
Cis supported by consideration.
Drequires both parties to obtain business licenses.
84.An example of an equitable remedy is
AExemplary damages
BSpeculative damages
CConsequential damages
DAn injunction
85.The “mailbox rule” says that:
AOffers and acceptances must be communicated through the mail in order to be effective.
BOffers and acceptances are effective when placed in the mail.
CA properly dispatched acceptance is effective when sent even if the offeror never receives it.
DA revocation is effective when sent.
86.Eagle Corporation contracts to sell to Frosty Malts, Inc., six steel mixers for $5,000. When Eagle fails to deliver, Frosty buys mix­ers from Great Company, for $6,500. Frosty’s measure of damages is
C$1,500 plus incidental damages.
87.When can a customer list of an employer rise to the level of a legally protected trade secret?
AWhen the list has information in it which possesses value and which the employer has made reasonable efforts to keep the list secret.
BWhen the employer obtains a federal copyright or trademark on it.
CWhen there is concrete evidence that all the employer's customers on the list would be willing to continue doing business with the employer.
DWhen the people on the customer list are readily obtainable from public sources.
88.When is an employer responsible for the negligent torts of its employees?
AWhen there is vicarious liability and the doctrine of respondeat superior applies.
BWhen the torts are committed by the employee acting in the "course and scope of employment."
CWhen the employer is directly negligent for selecting and/or supervising an incompetent and careless employee who commits the tort.
DAll of the above.
89.Which of the following is true?
AJuries issue verdicts and judges enter judgments.
BJuries can either issue judgments or verdicts.
CThe trial judge cannot change or overturn a jury's verdict once it has been issued.
DIf a case is appealed, the jury will return to hear the case again.
90.Nora signs a contract to provide routine lawn-mowing services to Owen. Nora delegates her duty under the contract to Pat. Owen can compel performance from
Aneither Nora not Pat.
BNora only.
CPat only.
DPat or, if Pat does not perform, Nora.

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