The ________ clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions.
A. Establishment |
B. Privileges |
C. Due Process |
D. Free Exercise |
What was the key factor in the development of the English common law?
A. the supremacy of the king and his intervening powers when deciding cases |
B. the development of forensic science in helping decide cases |
C. the use of precedence of past cases for judges to decide present similar cases |
D. the subjective decision making of judges when it came to similar cases
Which of the following is a form of unprotected speech?
A. commercial speech |
B. political speech |
C. offensive speech |
D. defamatory language |
Halfren, a county in the state of Halizona, is extremely earthquake-prone. The governor of Halizona set up a committee to study the effects of past earthquakes on Halfren and the possible methods that could be used to minimize damage and loss of life. The committee found that a new technique of using steel reinforcements in building columns would help reduce overall damages. The findings were put to a debate at the local town hall, where it was accepted by a majority of the residents of Halfren. The state government then passed a law making it mandatory to use the new steel-reinforced columns while constructing new buildings in Halfren. Which of the following function of the law did the state government of Halizona exhibit in this case?
A. maximizing individual freedom |
B. facilitating orderly change |
C. shaping moral standards |
D. promoting social justice |
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By allowing U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve?
A. maintaining the status quo |
B. maximizing individual freedom |
C. facilitating planning |
D. facilitating orderly change
Which of the following statements is true of the Supremacy Clause of the U.S. Constitution?
A. A particular federal statute cannot exclusively regulate a specific area or activity. |
B. A particular federal statute can expressly provide for exclusive jurisdiction. |
C. Any state or local law that "directly and substantially" conflicts with valid federal law is preempted. |
D. Any state or local law that "directly and substantially" conflicts with valid federal law is held valid until such a time that the relevance of the federal law is tested and held in harmony with the cultural diversity in the state.
Advertising is categorized as ________ speech.
A. uncensored |
B. limited protected |
C. unprotected |
D. fully protected
Kingsland is a country that has been exporting apples to the United States for over a century, shipping 300 tons to Georgia each month. However, last month, Kingsland violated a trading norm which was not condoned by Georgia. Which of the following measures should be taken to regulate apple imports from Kingsland?
A. Georgia can stop trading with Kingsland without serving a notice. |
B. Georgia can stop trading with Kingsland after serving a notice. |
C. Georgia can appeal to the federal authority which can stop imports from Kingsland. |
D. Georgia can make Kingsland export its apples to North Carolina.
Which of the following is established by the Supremacy Clause of the U.S. Constitution?
A. The President is the supreme and sovereign head of the United States. |
B. The judiciary is the supreme law-enforcing authority and cannot be influenced by anyone, however powerful, in any manner. |
C. The legislative branch of the federal government is the supreme law-making authority in the country. |
D. The U.S. Constitution and federal treaties, laws, and regulations are the supreme law of the land.
Proponents of the Command School of jurisprudence will assert that the law is ________.
A. a means to achieve and advance sociological goals |
B. a collection of a society's traditions and customs that has developed over the centuries |
C. developed, communicated, and enforced by the ruling party |
D. based on human reasoning, and humans' choosing power between what is good and evil |
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part 2
The violation of a statute that proximately causes an injury is termed as ________.
A. misappropriation |
B. disparagement |
C. negligence per se |
D. res ipsa loquitur |
A(n) ________ is an agreement in which the accused admits to a lesser crime than charged, and in return, the government agrees to impose a lesser sentence than might have been obtained had the case gone to trial.
A. nolo contendere |
B. arraignment |
C. plea bargain |
D. indictment
________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results.
A. Explicit intent |
B. Nonintent |
C. Specific intent |
D. General intent |
Which of the following accurately describes the fair use doctrine with reference to copyrighted material?
A. It permits use of copyright material by someone other than the copyright holder at a fixed fee. |
B. It guides the U.S. Copyright Office in determining what works require copyrights based on the works' validity. |
C. It stipulates the time period for which a copyright holder can retain his copyright. |
D. It permits certain limited use of a copyright by someone other than the copyright holder without the permission of the copyright holder
Which of the following actions would make XXXXX XXXXXable for battery?
A. She publishes an article calling for the current U.S. President to quit because she thinks he is not doing a good job. |
B. She slaps her ex-husband because he denied her alimony. |
C. She smuggles marijuana into the country. |
D. She extends the boundary of her plot of land encroaching two feet of her neighbor's plot.
Which of the following is a key function of the U.S. Court of Appeals for the Federal Circuit with regards XXXXX XXXXX?
A. It accepts applications for new patents. |
B. It helps to promote uniformity in patent laws. |
C. It helps to enact new patent laws. |
D. It hears appeals rejected from state courts regarding patent issues
A collection of criminal statutes is referred to as a(n) ________.
A. charter |
B. bill |
C. penal code |
D. constitution |
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A(n) ________ is a document for a person's detainment, based on a showing of probable cause that the person committed a crime.
A. execution warrant |
B. no-knock warrant |
C. arrest warrant |
D. possessory warrant |
What federal statute was enacted by the Congress to protect trade secrets?
A. Sarbanes-Oxley Act |
B. Economic Espionage Act |
C. Telecommunication Act |
D. Lanham Act
According to the Economic Espionage Act, ________.
A. trade secrets can be shared for a limited amount of time |
B. it is a federal crime to steal another's trade secret |
C. the rights to a trade secret will have to be renewed after a specified period of time |
D. persons who have reverse engineered a trade secret can use that trade secret, and the related trademark
A jury that cannot come to a unanimous decision about the defendant's guilt is called a ________.
A. hung jury |
B. open jury |
C. struck jury |
D. grand jury
________ is defined as the substantial likelihood that a person either committed or is about to commit a crime.
A. Probable cause |
B. Preponderance of evidence |
C. Reasonable suspicion |
D. Reasonable doubt
Which of the following is suitable for copyrighting?
A. musical compositions |
B. product logos |
C. buildings |
D. business methods
Which one of the following would constitute a copyright infringement?
A. reproduction by a teacher or student of a small part of the work to illustrate a lesson |
B. using several clips from a movie in a documentary |
C. a brief quotation in a news report |
D. use of copyrighted material in a spoof or satire |
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A person found speeding is considered to have committed a(n) ________.
A. indictable offence |
B. felony |
C. violation |
D. misdemeanor
How is a copyright different from a patent?
A. Patents fall under the federal law, while copyrights fall under state law. |
B. Copyrights should be novel, and useful, while patents need not be so. |
C. Copyrights are applied for inventions, while a patent is applied for tangible writings. |
D. Patents have a limited term period, while copyrights carry lifelong terms.
Which of the following is an intentional tort?
A. defect in product manufacture |
B. disparagement |
C. negligence |
D. breach of duty of care
Which of the following torts constitutes battery?
A. blackmailing a person |
B. threatening to shoot a person |
C. stealing a person's wallet |
D. poisoning a person's drink
A(n) ________ is considered a less serious crime; not inherently evil but prohibited by society; and is punishable by fines or imprisonment for one year or less.
A. violation |
B. felony |
C. misdemeanor |
D. indictable offence |
________ are the most serious of crimes, and are considered to be inherently evil.
A. Summary offences |
B. Infractions |
C. Misdemeanors |
D. Felonies |
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A contract is ________ if the offeror's offer can be accepted only by the performance of an act by the offeree.
A. executory |
B. implied-in-law |
C. bilateral |
D. unilateral
Yvonne finds a carpenter to do some repairs for her house and tells him that if he finishes the job within Saturday, she would pay him $1,000. This offer creates a(n) ________ contract.
A. executed |
B. executory |
C. bilateral |
D. unilateral |
Which of the following is true about a promissory note?
A. It is not an order to pay. |
B. The party who makes the promise is the lender. |
C. It is a three-party transaction. |
D. The payee cannot transfer a note to a third party.
Martha contacts a bakery to get a cake for her son's birthday party. She tells the baker that she will pay him $150 for the cake if he delivers the cake on Friday evening. If the baker does not deliver the cake on Friday evening, which of the following will hold true?
A. Martha cannot sue the baker. |
B. Martha can sue the baker but cannot recover damages. |
C. The baker has to give $150 plus cost of the replacement cake to Martha as he entered into a verbal contract with her. |
D. Martha can sue the baker to recover $150 in damages. |
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Which one of the following would be a three-party transaction?
A. a promissory note |
B. a draft |
C. an ordinary lease |
D. a certificate of deposit
Contracts that have been fully performed by one side but not by the other are classified as ________ contracts.
A. voidable |
B. executory |
C. executed |
D. void
XXXXX XXXXXon opens an online store where people from all over the world can purchase and download iPhone apps. Which of these should Michael consult to know the rules of trading through his online store?
A. UCITA |
B. common law of contracts |
C. objective law of contracts |
D. UCC
Which of the following statements is true about contracts?
A. To have an enforceable contract, there must be mutual assent by the parties. |
B. The offeror is the party to whom an offer to enter into a contract is made. |
C. An offeree is the authority that supervises the signing of a contract. |
D. A contract is created when the offer is made and before it is accepted.
________ are a special form of contract that satisfies the requirements established by Revised Article 3 of the UCC.
A. Banknotes |
B. Stocks |
C. Letters of credit |
D. Negotiable instruments |
Who is the drawee in a draft transaction?
A. The party who writes an order for a draft. |
B. The party that demands the draft. |
C. The party who receives the money from a draft. |
D. The party who pays the money stated in a draft.
Two brothers, Sam and Jim, were fighting over the division of their ancestral property. After ten years of legal battle, a frustrated Sam contacted a powerful politician who subjected Jim to extreme duress to make him sign a contract of assent in favor of Sam. When Jim takes this contract to court, the contract will be declared ________.
A. voidable |
B. conditionally enforceable |
C. unenforceable |
D. enforceable |
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Which of the following is true of the UCC?
A. Article 2A of the UCC prescribes a set of uniform rules for the creation and enforcement of contracts for the lease of goods. |
B. The UCC aims to create a uniform system of accounting among the 50 states. |
C. Article 2 of the UCC prescribes a set of uniform rules for the creation and enforcement of rules of taxation. |
D. The common law of contracts normally takes precedence over the provisions of the UCC.
Windsor, the owner of Windsor's Sandwiches contacts a new supplier Gary. He tells Gary that he will pay him $375 if Gary delivers 20 pounds of cheese the following morning. Gary promises to make the delivery as requested by Windsor. This creates a ________ contract between them.
A. unilateral |
B. executory |
C. implied-in-law |
D. bilateral
Which of the following is a necessary condition for a contract to be considered valid?
A. It can be voided by one of the parties. |
B. It can be voided by both parties. |
C. It is enforceable by both the parties. |
D. It is enforceable by at least one of the parties. |
A ________ is a type of draft that is always paid at a future date.
A. bill of exchange |
B. demand draft |
C. sight draft |
D. time draft
What is the similarity between a demand draft and a trade acceptance?
A. both are examples of sight drafts |
B. both are considered two-party transactions |
C. both have the drawer to be the payee as well |
D. both require credit to be extended to the buyer |
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Who is the acceptor of a draft in a draft transaction?
A. the payee |
B. the drawee |
C. the financee |
D. the drawer
Which of the following is true of the Restatement of the Law of Contracts?
A. It serves as a reference for guidance in contract disputes. |
B. It is the absolute federal law for contracts drafted in the U.S.A. |
C. Its goal is to create a uniform system of commercial law among the 50 states. |
D. It does not identify negotiable instruments as formal contracts. |
Reset Selection
An offeror uses blackmail to make an offeree sign a contract that involves the sale of the offeree's house. The contract is ________.
A. voidable |
B. void |
C. unenforceable |
D. valid
According to the objective theory of contracts, the intent to enter into an express or implied-in-fact contract is judged by the ________.
A. doctrine of equity |
B. common law of contracts |
C. reasonable person standard |
D. legality of the contract |
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part 4
Which of the following is considered an intentional tort?
A. innocent misrepresentation |
B. negligence |
C. dual-purpose mission |
D. fraud
A(n) ________ election can be held without NLRB supervision.
A. decertification |
B. employer-contested |
C. consent |
D. management-contested |
Reset Selection
Which of the following types of relationship exists when a person hires another person to perform some form of physical service but does not authorize that person to enter into contracts on behalf his or her behalf?
A. employer-agent relationship |
B. employer-employee relationship |
C. principal-agent relationship |
D. principal-third party relationship |
In 1935, John L. Lewis formed the ________, which permitted semiskilled and unskilled workers to be its members.
A. International Labor Organization |
B. National Labor Relations Board |
C. Congress of Industrial Organizations |
D. American Federation of Labor
Who among the following is exempt from federal minimum wage requirement?
A. Tsun, a software applications developer |
B. John, a waiter by day and a guitar teacher by night |
C. Orlando, a telemarketer |
D. Kelly, a sales executive at a pharmacy
The act of negotiating contract terms between an employer and the members of a union is known as ________.
A. arbitration |
B. collective bargaining |
C. litigation |
D. mediation
In which of the following cases is a motivation test used to establish the employee's motive?
A. An employee assaults another employee due to personal reasons. |
B. An employee commits an intentional tort against another employee at work premises. |
C. An employee commits an unintentional tort that helps promote the principal's business. |
D. An employee commits a tort to promote the principal's business, outside work premises.
According to the coming and going rule, what is the liability of the principal for injuries caused by its agents and employees while they are on their way to or from work?
A. vicarious liability |
B. complete liability |
C. no liability |
D. limited liability
Subjects that are not compulsory or illegal are known as ________ subjects of collective bargaining, which maybe be bargained for if the company and union agree to do so.
A. alternative |
B. permissive |
C. conditional |
D. secondary |
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Which of the following is true of an employer-employee relationship?
A. An employee is hired to perform a task or service. |
B. An employee has authority to act on behalf of the principal. |
C. An employee has implied power of attorney towards the principal. |
D. An employee can enter into contracts on behalf of the employer
Which of the following best describes quid pro quosex discrimination?
A. discrimination where sexual favors are requested in order to obtain a job or be promoted |
B. employment discrimination because of pregnancy, childbirth or related medical conditions |
C. discrimination in hiring or promotion based on the gender of the employee under consideration |
D. selective or partial treatment offered to an employee or a group of employees based on their gender
Enacted in 1932, the ________ is a federal statute which stipulates that it is legal for employees to organize.
A. National Labor Relations Act |
B. Taft-Hartley Act |
C. Labor Management Relations Act |
D. Norris-LaGuardia Act
The U.S. Supreme Court has held that sexual harassment that creates a hostile work environment violates ________.
A. Title VII of the Civil Rights Act |
B. Title I of the ADA |
C. Title II of GINA |
D. Fair Employment Practices Act |
Which of the following is true of an agent's undisclosed self-dealing?
A. It does not violate the duty of loyalty. |
B. The principal must accept liability. |
C. The principal cannot rescind purchases made. |
D. The principal can ratify the purchase.
An agency that occurs when a principal and an agent categorically agree to enter into an agency agreement with each other is known as a(n) ________.
A. implied agency |
B. agency by ratification |
C. apparent agency |
D. express agency |
Reset Selection
Which of the following is a compulsory subject during collective bargaining?
A. corporate reorganization |
B. location of workplace |
C. health benefits |
D. discrimination
A dual-purpose mission is a situation that occurs when ________.
A. an agent works for two or more principals with conflicting interests |
B. an agent competes with the principal in a business with interests similar to the principal's business, after their agency has ended |
C. a principal requests an agent to run an errand when the agent is on his or her own personal business |
D. an agent who works for more than two principals but has similar agency relationships with both
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part 5
Which of the following elects members of the board of directors for a corporation?
A. shareholders |
B. the CEO |
C. corporate officers |
D. employees
Sam Muller and Toby Richardson organize an LLC in the state of Delaware. In the articles of organization, they specify the duration of the LLC as "25 years from the date of filing the articles of organization." Which of the following true in this context?
A. The LLC may be dissolved at will any time after 25 years from the date of filing the articles of organization. |
B. Muller and Richardson have organized an at-will LLC. |
C. The LLC is invalid, as it does not specify a date of termination. |
D. Muller and Richardson have organized a valid term LLC.
A(n) ________ is a clause that can be included in the articles of incorporation that stipulates the activities that the corporation can engage in. The corporation can engage in no other purposes or activities.
A. general-purpose clause |
B. dissolution clause |
C. limited-purpose clause |
D. ultra vires clause |
Reset Selection
A limited partnership has two types of partners, ________.
A. ordinary partners and liable partners |
B. special partners and sole proprietors |
C. general partners and limited partners |
D. general partners and sole proprietors |
The ________ is a model act that codifies general partnership law.
A. UPA |
B. ADA |
C. FEPA |
D. ADEA |
Which of the following is true of a sole proprietorship?
A. A business operated under sole proprietorship should be owned by one or more people of the same family. |
B. Large businesses cannot be operated under sole proprietorship. |
C. A business operated under sole proprietorship cannot be transferred. |
D. Creditors can recover claims against the business from the sole proprietor's personal assets. |
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John, Nathan, and Julio form JNJ, LLC with equal capital investment each. On his way to a business meeting with clients of JNJ, Nathan accidentally injures Jessica in a car accident. Which of the following is true in this scenario?
A. Jessica can only claim damages from Nathan and not from JNJ, LLC. |
B. Jessica can claim damages from JNJ, LLC as she was injured in the ordinary course of business. |
C. Jessica can choose to claim damages from any one of the three. |
D. John, Nathan, and Julio have equal personal liability to Jessica's injuries
________ refer to the formal documents that must be filed at the secretary of state's office of the state of organization of an LLC to form the LLC.
A. Articles of organization |
B. Operating agreements |
C. Certificates of interest |
D. Articles of amendment |
Which of the following theories of morality is Rawls's Social Justice Theory fundamentally derived from?
A. the theory of ethical fundamentalism |
B. the social contract theory |
C. the theory of utilitarianism |
D. the theory of moral relativism
Which of the following best describes an entrepreneur?
A. a person who derives a profit from a new or an existing business |
B. a person who forms and operates a business |
C. a person who lends capital to a new business |
D. a person who invests in an existing business
An ordinary partnership is also known as a ________.
A. general partnership |
B. sole proprietorship |
C. limited liability company |
D. limited partnership
________ are the most common form of business organization in the United States.
A. Limited partnerships |
B. Sole proprietorships |
C. General partnerships |
D. Limited liability companies
The designation of ________ is used for businesses that are operating under a trade name.
A. w.e.f. |
B. d.b.a. |
C. l.o.p. |
D. p.f.a. |
A(n) ________ is a clause that can be included in the articles of incorporation that permits the corporation to engage in any activity permitted by law.
A. dissolution clause |
B. ultra vires clause |
C. general-purpose clause |
D. limited-purpose
clause
Which of the following information should a certificate of limited partnership contain?
A. the latest date of dissolution of the partnership |
B. the scope of potential business opportunities and related investment |
C. a clause to not accept new general partners |
D. the name of the party who becomes a general partner in the event of transfer |
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An association of two or more persons to carry on as co-owners of a business for profit is known as a(n) ________.
A. general partnership |
B. limited partnership |
C. corporation |
D. sole proprietorship
Sam Muller and Geoffrey Robinson enter into a limited partnership in which Sam is the general partner and Geoffrey is the limited partner. They borrow $50,000 to start a business. Keeping all rules of naming their businesses in mind, they start a law firm named Robinson-Muller Legal Associates. Martin Humphrey joins them after eleven months as a general partner but does not include his surname in the name of the business. If the business fails, which of the following holds well?
A. Martin has unlimited personal liability for not including his surname in the name of the business. |
B. Only Sam, being the sole general partner is liable to the creditor. |
C. Geoffrey is liable as a general partner as he included his surname in the business with full knowledge. |
D. All three partners are equally liable to the creditor, irrespective of including their surname in the title of the business.
A(n) ________ is the basic governing documents of a corporation which must be filed with the secretary of state of the state of incorporation.
A. certificate of authority |
B. articles of incorporation |
C. debenture |
D. debt security
Which of the following must necessarily be met for a corporation to elect as a statutory close corporation?
A. The corporation must contain a board of directors. |
B. The corporation must have 100 or more shareholders. |
C. The corporation must have a set of bylaws. |
D. The corporation must have 50 or fewer shareholders.
According to ethical relativism, ________.
A. each person is presumed to have entered into a social contract with all others in society to obey moral rules |
B. people must choose an action or follow a rule that provides the greatest good to society |
C. there are no universal ethical rules to guide a person's conduct |
D. ethics rely on duties based around universal rules which one is morally bound to follow |
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part 6
________ damages are the only damages that may be recovered for violations of the FTC Act.
A. Actual |
B. Potential |
C. Treble |
D. Double |
Which of the following federal agencies is authorized to adopt and enforce the Family Smoking Prevention and Tobacco Control Act?
A. the Federal Trade Commission |
B. the Agency for Healthcare Research and Quality |
C. the Consumer Product Safety Commission |
D. the Food and Drug Administration
State administrative agencies are created by ________.
A. legislative branches of the federal government |
B. legislative branches of states |
C. the president of the U.S.A. |
D. the U.S. Congress
When Congress enacted the Securities Act of 1933, it created the Securities and Exchange Commission, a(n) ________, to administer and enforce those statutes.
A. short-term commission |
B. intelligence agency |
C. law enforcement authority |
D. federal administrative agency |
Which of the following steps immediately follows the publication of the EIS for a proposed project?
A. the interested parties submit comments to the EPA |
B. the government issues an order to proceed with a federal action on the project |
C. the non-profit environmentalists are allowed access to the EIS |
D. the Congress has to pass a bill adopting the EIS |
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Which of the following consumer products comes under the purview of the CPSC?
A. children's toys |
B. aircrafts |
C. motor vehicles |
D. firearms
General government regulation consists of laws that regulate ________.
A. the legislative branch of the federal government |
B. the executive branch of the federal government |
C. businesses and industries |
D. government-aided organizations
Which of the following is true with regard to FDA regulations for cosmetics?
A. There is no law in the United States against animal testing for cosmetics. |
B. New cosmetics are released in the market only if they have the "CRUELTY-FREE" label on their package. |
C. Ordinary household soap is also evaluated in terms of its quality and safety as a cosmetic good under the FDA. |
D. All substances and preparations for cosmetic use are chemically proven to be free from carcinogens before sale by the FDA.
Which of the following is true of antitrust laws?
A. Federal antitrust laws provide for government lawsuits and exclude private lawsuits from their purview. |
B. Each new administration adopts a different policy for enforcing antitrust laws. |
C. Antitrust laws are fixed and unchangeable. |
D. Treble damages cannot be sought in antitrust lawsuits.
The ________ is a federal law that gives the FDA broad powers to license new drugs in the United States.
A. Health Care Reform Act |
B. Food Labeling and Education Act |
C. Patient Protection and Affordable Health Care Act |
D. Drug Amendment of the FDCA
Which of the following is true of the NAAQS?
A. Human beings are protected under the secondary level of the NAAQS. |
B. The federal government has the right to enforce these air pollution standards if the states fail to do so. |
C. Only standards for oxides of elements and particulate matter are evaluated under the NAAQS. |
D. The state governments are responsible for setting standards for air quality in their respective state.
________ consists of laws that regulate particular industries.
A. Independent federal administration |
B. Specific government regulation |
C. Statements of policy |
D. General government regulation |
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Which of the following is a provision in the Administrative Procedure Act (APA)?
A. It protects persons from harassment by administrative agencies. |
B. It allows public access to most documents in the possession of federal administrative agencies. |
C. It admits public access to administrative meetings concerning issuance of subpoenas. |
D. It provides a procedure for receiving evidence and hearing requests for the granting of federal licenses
The Food and Drug Administration is empowered to ________.
A. regulate the safety of meat, poultry, and other food products |
B. obtain orders for the seizure, recall, and condemnation of harmful products |
C. recall unsafe toys, appliances, and other consumer products which are harmful to users |
D. prosecute violators directly by imposing fines and pronouncing sentences
Which of the following is a primary cause of sick building syndrome in the United States?
A. unsealed windows |
B. large number of outside ducts |
C. hazardous construction materials |
D. thinly insulated buildings
Which of the following is true about the Department of Homeland Security?
A. It was constituted immediately after the attack on Pearl Harbor. |
B. It protects persons from harassment by federal administrative agencies. |
C. It provides services in information analysis and infrastructure protection. |
D. It gives the public access to documents in the possession of federal administrative agencies.
________ are federal agencies that advise the president.
A. Independent federal administrative agencies |
B. Law enforcement agencies |
C. State administrative agencies |
D. Cabinet-level federal departments
Which of the following is true of the per serule in restraint of trade?
A. fails to permit any defenses and justifications to save the restraint of trade |
B. requires a balancing of the positive and negative effects of the challenged restraint |
C. applies to restraints that are based primarily on the firm's market share and power |
D. applies only to restraints that are found to be unreasonable with certain evidentiary standards being met
________ is a restraint of trade in which competitors agree that each will serve only a designated portion of the market.
A. Market sharing |
B. Resale market price maintenance |
C. Gainsharing |
D. Profit-sharing
In which of the following ways does the FDA regulate cosmetics?
A. by placing a complete ban on animal testing in the cosmetic industry |
B. by regulating the sale of cosmetics through exclusive FDA-approved stores |
C. by adding warnings for potential carcinogens |
D. by autonomously undertaking criminal proceedings against nonconforming cosmetic companies |
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part 7
Plant life that is severed from the land is considered ________.
A. personal property |
B. real property |
C. intangible property |
D. immovable property
What is a gift inter vicos?
A. a gift that requires a monetary payment at a set date in the future |
B. a gift that is made in contemplation of death |
C. a gift made during a person's lifetime that is an irrevocable present transfer of ownership |
D. a gift that is to be shared by the donor and donee with the payment of consideration by the donee
________ is a form of co-ownership of real property that can be used only by married couples.
A. Cooperatives |
B. Joint tenancy |
C. Tenancy in common |
D. Tenancy by the entirety |
Tangible property such as automobiles, furniture, and equipment, and intangible property such as securities, patents, and copyrights are collectively referred to as ________.
A. real property |
B. fixtures |
C. immovable property |
D. personal property
Which of the following is true of subsurface rights in real property?
A. Subsurface rights can be sold separately from surface rights. |
B. Subsurface rights cannot be used to mine radioactive elements. |
C. Subsurface rights can only be invoked to dig oil wells. |
D. Minerals found beneath real property have to be given up to the government.
Which of the following provisions protects the interest of a joint tenancy upon the death of a joint tenant?
A. the quitclaim deed |
B. the estate in land |
C. the quiet title action |
D. the right of survivorship
Which of the following is true of a gift causa mortis?
A. It represents an irrevocable present transfer of ownership. |
B. It cannot be revoked before the death of the donor. |
C. It takes precedence over a prior conflicting will. |
D. It does not require the actual death of the donor. |
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The rights to the earth located beneath the surface of the land are defined as ________.
A. chattel rights |
B. mineral rights |
C. air rights |
D. joint rights
A gift that is made in contemplation of death is known as a(n) ________.
A. profit-à-prendre |
B. estate pour autre vie |
C. gift causa mortis |
D. gift inter vicos
________ is a method of acquiring ownership, when a manufacturer purchases raw materials and then manufactures a finished good.
A. Purchasing |
B. Gifting |
C. Producing |
D. Capturing |
Carmen, Westbrook, and Ashton are concurrent owners of a large commercial building. Ashton executes a will that leaves all his property to his son in the event of his death. But after Ashton passes away, his ownership interest in the building was acquired by the two remaining tenants of the building. Which of the following kinds of concurrent ownership would allow such a passage of title?
A. a tenancy by entirety |
B. a community property |
C. a tenancy in common |
D. a joint tenancy
The voluntary transfer of title to property without payment of consideration by the donee is known as a(n) ________.
A. purchase |
B. gift |
C. adverse possession |
D. future interest
________ represent rights that cannot be reduced to physical form, such as stock certificates, certificates of deposit, bonds, and copyrights.
A. Real properties |
B. Fixtures |
C. Intangible properties |
D. Immovable properties |
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________ occurs if two or more persons commingle fungible goods.
A. Accession |
B. Bailment |
C. Confusion |
D. Easement |
What does the Uniform Transfers to Minors Act establish?
A. rights for what a minor can accept from an adult |
B. procedures for adults to make gifts of money and securities to minors |
C. procedures for making gifts of money and securities between minors |
D. rights for what a minor is allowed in case of inheritances without involving custodians |
Reset Selection
The legal rights that the owner has to possess, use, and enjoy the property are known as ________.
A. estate in land |
B. future interests |
C. estoppel by deed |
D. easement rights
Which of the following forms of co-ownership of real property applies only to married couples?
A. community property |
B. condominiums |
C. joint tenancy |
D. tenancy in common
________ are an example of real property.
A. Works of art |
B. Automobiles |
C. Patents |
D. Buildings
Shelton Engines Inc. has built a new model of engines that can withstand more heat than the competing engines in its class. Lokin Inc., a sports car manufacturer, ________ the equipment from Shelton Engines Inc. for $1,000,000. Shelton Engines Inc. transfers title to the engine to Lokin Inc. Lokin Inc. is now the owner of the equipment.
A. leases |
B. purchases |
C. captures |
D. produces |
Property that an owner voluntarily places somewhere and then inadvertently forgets is known as ________ property.
A. real |
B. mislaid |
C. lost |
D. abandoned |
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part 8
Which of the following branches of the United Nations is primarily responsible for maintaining international peace and has authority to use armed force for this purpose?
A. the Security Council |
B. the Secretariat |
C. the General Assembly |
D. the International Court of Justice |
The ________ is a body that prosecutes cases that nations refer to it as well as cases involving treaties and the UN Charter.
A. Security Council |
B. International Monetary Fund |
C. International Court of Justice |
D. General Assembly
If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution.
A. Due Process Clause |
B. Equal Protection Clause |
C. Supremacy Clause |
D. Foreign Commerce Clause |
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Which of the following statements is true of the Treaty Clause?
A. It provides that the president can make treaties on his own accord autonomously. |
B. It provides that the president can enter into treaties with two-thirds senate approval. |
C. It provides that the federal government has supremacy over the state in matters of international trade. |
D. It provides that the states have exclusive power to regulate internal and foreign affairs.
Indonesia, Vietnam, Thailand, and Philippines are members of the ________.
A. Dominican Republic-Central America Free Trade Agreement |
B. North American Free Trade Agreement |
C. Organization of the Petroleum Exporting Countries |
D. Association of Southeast Asian Nations |
Reset Selection
Which of the following pairs of constitutional provisions gives the federal government the authority to regulate foreign affairs?
A. the Due Process Clause and Double Jeopardy Clause |
B. the Supremacy Clause and Equal Protection Clause |
C. the Foreign Commerce Clause and Treaty Clause |
D. the Free Exercise Clause and Establishment Clause
Which of the following statements is true of the European Union?
A. Custom duties have been removed among member nations of the European Union. |
B. All issues have to be passed unanimously by the EU members to be enforced. |
C. Custom tariffs have been removed for trade between the EU and the rest of the world. |
D. Every country in the European Union has adopted the euro as its monetary unit.
________ is a clause in an international contract that designates which nation's court has jurisdiction to hear a case arising out of the contract.
A. Treaty Clause |
B. Choice of law clause |
C. Forum-selection clause |
D. Foreign Commerce Clause
The World Bank is ________.
A. primarily responsible for providing money to developing countries to fund projects for humanitarian purposes |
B. primarily responsible for promoting sound monetary, fiscal, and macroeconomic policies worldwide |
C. an autonomous agency under the aegis of the European Union |
D. an agency that monitors the financial collaborations taking place in the eurozone
An agreement between two or more nations that is formally signed by an authorized representative of each nation and ratified by each nation is defined as a(n) ________.
A. arraignment |
B. treaty |
C. charter |
D. statute
Which of the following is an example of an autonomous agency of the United Nations?
A. the Security Council |
B. the International Monetary Fund |
C. the North Atlantic Treaty Organization |
D. the World Trade Organization |
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The General Assembly of the United Nations is ________.
A. a group of 15 member nations that is primarily responsible for maintaining international peace and security |
B. a collection of autonomous agencies that deal with the socio-economic problems of the United States |
C. the legislative body of the United Nation that is composed of all UN members |
D. the staff of persons that administers the day-to-day operations of the UN
Which of the following statements is true with regard to international law?
A. The enforcement of all international laws is regulated by a unitary world executive branch. |
B. There is no single legislative source from which all international laws are created. |
C. All legal matters of international importance are prosecuted by a single world court that is responsible for interpreting international law. |
D. All countries have to follow the international laws enacted by other countries.
Which of the following is headed by the secretary-general of the UN?
A. the General Assembly |
B. the Secretariat |
C. the International Court of Justice |
D. the Security Council
The ________ is a staff of persons that administers the day-to-day operations of the UN.
A. General Assembly |
B. Security Council |
C. Council of Ministers |
D. Secretariat
________ is a regional international organization that comprises many countries of Western and Eastern Europe and was created to promote peace and security as well as economic, social, and cultural development.
A. European Union |
B. European Economic Community |
C. North Atlantic Treaty Organization |
D. Common Market
Which of the following statements is true of the NAFTA?
A. It disallows NAFTA members from trading with other countries unless a unanimous permission is obtained. |
B. It disallows any special protection being extended to specific industries. |
C. It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers. |
D. It has been hailed by economists to be a perfect example of a free trade pact.
Which of the following replaced the General Agreement on Tariffs and Trade (GATT)?
A. North American Free Trade Commission |
B. International Monetary Fund |
C. World Trade Organization |
D. World Bank
The ________ is an international organization of 153 member nations created in 1995 to promote and enforce trade agreements among member countries and customs territories.
A. General Agreement on Tariffs and Trade |
B. North American Free Trade Commission |
C. International Monetary Fund |
D. World Trade Organization
What is the role of the WTO dispute settlement body?
A. to create panel reports on the findings of the dispute |
B. to hear the dispute settlement from the plaintiff |
C. to hear appeals on decisions made on a dispute |
D. to review panel reports and adopt them if necessary |
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i have submitted all the questions, thanks for the patience, i will 100 bouns is that ok
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