Business and Society Test Bank
Course Introduction
Business and Society examines the dynamic relationship between organizations and the broader social environment in which they operate. The course explores how businesses influence and are influenced by social, ethical, legal, and environmental factors.
Students analyze case studies and real-world scenarios to critically assess corporate social responsibility, ethical decision-making, stakeholder engagement, and the impact of globalization. By understanding the interplay between business practices and societal expectations, students gain tools to navigate the complex challenges and opportunities facing modern enterprises in an increasingly interconnected world.
Recommended Textbook
Fundamentals of Business Law Summarized Cases 9th Edition by Roger LeRoy Miller
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41 Chapters
2290 Verified Questions
2290 Flashcards
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Page 2
Chapter 1: The Legal and Constitutional Environment of Business
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Sample Questions
Q1) Dru,a U.S.citizen,is the owner of Egret,Inc.Egret's competitors include Feathered Friends Company (FFC),which is owned by Greg and Huey.The Bill of Rights embodies a series of protections for Dru against types of interference by
A)FFC and its other competitors only.
B)FFC,Greg,Huey,others,and the government.
C)Greg,Huey,and other private individuals only.
D)the government only.
Answer: D
Q2) Some constitutional protections apply to business entities.
A)True
B)False
Answer: True
Q3) The legislature of the state of Missouri enacts a new statute that sets standards for the liability of businesses selling defective products.This statute applies
A)only in Missouri.
B)only in Missouri and its border states.
C)in all states.
D)in all states but only to matters not covered by other states' laws.
Answer: A
Page 3
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Chapter 2: Traditional and Online Dispute Resolution
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Sample Questions
Q1) In mediation,the mediator proposes a solution that includes what compromises are necessary to reach an agreement.
A)True
B)False
Answer: True
Q2) A lawsuit involving a federal question can originate in a federal court.
A)True
B)False
Answer: True
Q3) National Consumer Goods Corporation and Paula Purchaser agree to resolve their dispute in arbitration.The arbitrator's decision is called
A)a conclusion of law.
B)a finding of fact.
C)an award.
D)a verdict.
Answer: C
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Chapter 3: Ethics and Business Decision Making
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Sample Questions
Q1) In making business decisions,Glenda,personnel manager for HVAC Maintenance,Inc. ,applies his belief that all persons have fundamental rights.This is
A)a religious rule.
B)the categorical imperative.
C)the principle of rights.
D)utilitarianism.
Answer: C
Q2) The legality of an action is always clear.
A)True
B)False
Answer: False
Q3) If an action is ethical from an outcome-based perspective,it is always ethical from a duty-based perspective.
A)True
B)False
Answer: False
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Chapter 4: Torts and Cyber Torts
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Sample Questions
Q1) Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.
A)True
B)False
Q2) Kelly is injured when she slips and falls on Layla's sidewalk.To determine whether Layla owed a duty of care to Kelly,Layla is subject to the standard of
A)a realistic person.
B)a reasonable person.
C)a recognizable person.
D)a reliable person.
Q3) A failure to return personal property is conversion even if the rightful owner consented to the initial taking.
A)True
B)False
Q4) If an actor's conduct creates no risk,there is no negligence.
A)True
B)False
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6
Chapter 5: Intellectual Property and Internet Law
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Sample Questions
Q1) In Case 5.1,Coca-Cola Co.v.The Koke Co.of America,the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke."
A)True
B)False
Q2) A person can reproduce copyrighted material for purposes such as teaching,including multiple copies for classroom use,without paying royalties.
A)True
B)False
Q3) Diamond Financial Planners employs Ella,who is the firm's most productive performer.Ella,dissatisfied with the commission structure,quits to work for Feldstar Investments,Inc.She takes her list of Diamond clients to induce them to switch to Feldstar.Trade secrets law covers
A)Diamond's list of clients.
B)Ella's performance.
C)Feldstar's commission structure.
D)none of the choices.
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Chapter 6: Criminal Law and Cyber Crime
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Q1) Jean sends e-mail to Irwin promising a percentage of the amount in an African bank account for assistance in transferring the funds to a U.S.bank account.Irwin forwards his account number,but the funds are never sent.Instead,Jean quickly withdraws the funds in Irwin's account.This is
A)online greed but not fraud.
B)an online "fool-me-once,shame on you" occurrence but not fraud.
C)online gambling but not fraud.
D)online fraud.
Q2) Stealing software is not a crime.
A)True
B)False
Q3) Donney takes the trade secrets of Effervescent Soda Company without Effervescent's consent.Donney gives the secrets to Fruity Drinks Corporation,an Effervescent competitor,without compensation.Fruity knows that the secrets were acquired without Effervescent's consent.Under federal law,Fruity has committed
A)a crime only if Fruity uses the secrets.
B)a crime only if Effervescent later discovers the theft.
C)not a crime.
D)a crime.
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Page 8
Chapter 7: Nature and Classification
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Sample Questions
Q1) Greco promises to buy illegal copies of CDs and DVDs from Fava,who promises to deliver on April 15.These promises are most likely
A)enforceable.
B)valid.
C)void.
D)voidable.
Q2) Bay City Construction,Inc. ,a contractor,asks Cool Electric,a subcontractor,to provide certain services.Nothing is expressed about payment.Cool provides the services,but Bay City refuses to pay.In Cool's suit to recover,the chief issue is most likely to be whether these parties had
A)a formal contract.
B)an actual contract.
C)an implied contract.
D)a voidable contract.
Q3) One of the requirements of a valid contract is a fair price.
A)True
B)False
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Page 9
Chapter 8: Agreement in Traditional and E-Contracts
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Sample Questions
Q1) An online offer should include provisions relating to dispute settlement.
A)True
B)False
Q2) There are no revocable offers.
A)True
B)False
Q3) Under the mailbox rule,no acceptance is valid until it is received.
A)True
B)False
Q4) Shelby offers to make digital copies of Relay Company's business conference videotapes,CDs,DVDs,and other media for $500.Under the mailbox rule and the Uniform Electronic Transactions Act (UETA),Relay's acceptance by e-mail will be considered effective when A)received.
B)sent.
C)followed up by a confirmation letter sent by regular mail.
D)composed on a Relay computer.
Q5) An expression of opinion-"your customers will like this"-is an offer.
A)True
B)False
10
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Chapter 9: Consideration,capacity,and Legality
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Sample Questions
Q1) A minor's right to disaffirm a contract terminates sixty days after the contract's date.
A)True
B)False
Q2) Refer to Fact Pattern 9-2.If,as Brad claims,the consideration in this problem is inadequate,it may indicate a lack of
A)accord in Brad's satisfaction with the value of the deal.
B)bargained-for exchange or mutual assent.
C)flexibility on the part of College Credit to accommodate Brad's needs.
D)"heft," "substance," or "weight" in the terms of the contract.
Q3) A court adjudicates Huck mentally incompetent and appoints Inez to be his guardian.Later,without Inez's knowledge,Huck signs a contract to sell his farm to Kyle for its real market value.The contract is
A)enforceable if Huck comprehended the consequences.
B)enforceable if Huck knew the market value of the farm.
C)enforceable if Huck was the record owner of the farm.
D)void.
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Chapter 10: Defenses to Contract Enforceability
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Sample Questions
Q1) Gina induces Hugh to enter into a contract for the purchase of a condominium about which Gina knowingly misrepresents a number of material features.When Hugh discovers the truth,he can
A)not rescind the contract.
B)rescind the contract on the basis of fraud.
C)rescind the contract on the basis of mistake.
D)rescind the contract on the basis of undue influence.
Q2) Consumer Goods,Inc. ,and Delta Distribution,Inc. ,sign a written contract for a sale of goods.To be enforceable,this written contract must include
A)a correct title,such as "Purchase Order" or "Sales Invoice."
B)a declaration of the subject matter.
C)a quantity term.
D)the parties' names.
Q3) Oral evidence of the modification of a contract after its making can be introduced at a trial.
A)True
B)False
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Page 12
Chapter 11: Third Party Rights and Discharge
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Sample Questions
Q1) Refer to Fact Pattern 11-1.Neil's performance is most likely
A)a material breach.
B)a minor breach.
C)Mutual's breach.
D)no breach.
Q2) Jen is a third party beneficiary under a contract between Kyla and Leo.Kyla and Leo can modify or rescind their contract without Jen's consent
A)at any time.
B)at no time.
C)only after Jen's rights have vested.
D)only before Jen's rights have vested.
Q3) Refer to Fact Pattern 11-3.When the market price for apples exceeds the price in the contract with Fresh Produce,Haruko decides not to deliver the apples.This
A)breaches the contract.
B)discharges the contract.
C)has no effect on the contract.
D)suspends the contract.
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Chapter 12: Breach and Remedies
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Sample Questions
Q1) Specific performance is the remedy customarily used when one party has breached a contract for a sale of land.
A)True B)False
Q2) In a contract for a sale of goods,the usual measure of compensatory damages is the difference between the contract price and the market price.
A)True B)False
Q3) Development Associates (DA)agrees to buy five acres of land from Eastside Properties for $15,000.Eastside sells the acreage to Fealty Realty,and fails to go through with DA's deal on the agreed date,when the market price of the land is $17,000.DA may recover
A)$17,000.
B)$15,000.
C)$2,000.
D)$0.
Q4) Nominal damages normally establish that the defendant acted wrongly.
A)True B)False
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Chapter 13: The Formation of Sales and Lease Contracts
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Sample Questions
Q1) Identification takes place when specific goods are designated as the subject matter of a sales or lease contract.
A)True
B)False
Q2) A sale of "things attached" to realty is always considered a sale of goods.
A)True
B)False
Q3) Office Equipment Leasing,Inc.(OEL),agrees to lease five computer workstations to Product Promotion Corporation (PPC).Before any interest in the workstations can pass from OEL to PPC,they must be
A)in existence and identified as the goods in the contract.
B)in existence only.
C)identified as the specific goods designated in the contract only.
D)none of the choices.
Q4) A seller with voidable title can transfer good title to a good faith purchaser for value.
A)True
B)False
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15
Chapter 14: Performance Breach of Sales Lease Contracts
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Sample Questions
Q1) Sid and Tony enter a contract for a sale of Sid's collection of electric guitars.Before the time for performance,Sid tells Tony that he does not want to deliver the guitars.Anticipatory repudiation is
A)a breach of contract.
B)a compromise between two parties who are unable to perform.
C)a remedy available only to a breaching party.
D)a remedy available only to a nonbreaching party.
Q2) Until the time for performance under a contract expires,the seller has a right to cure. A)True
B)False
Q3) In general,a buyer's duty to pay for tendered goods becomes absolute before the buyer has had an opportunity to inspect the goods.
A)True
B)False
Q4) The doctrine of commercial impracticability only extends to problems that could have been foreseen.
A)True
B)False
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16
Chapter 15: Warranties and Product Liability
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Sample Questions
Q1) Merchant Supply Company and National Discount Stores enter into a contract for a lease of cash registers.Merchant assures National that it has valid title to the goods.Under the UCC,a warranty of title arises
A)automatically in most lease contracts.
B)only if the lessee asks for such a warranty.
C)only if the lessor expresses such a warranty.
D)only in conjunction with sales contracts,not lease contracts.
Q2) Oceanic Vessels,Inc. ,and Pacific Harbor Company enter into a contract for a sale of a boat.Oceanic is a merchant who deals in goods of the kind sold.The goods are defective.Under the UCC,the implied warranty of merchantability is breached
A)only if Oceanic did not know about and could not have discovered the defect.
B)only if Oceanic did not know about the defect.
C)only if Oceanic knew about or could have discovered the defect.
D)regardless of what Oceanic knew or could have discovered.
Q3) Strict liability applies to the suppliers of component parts.
A)True
B)False
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Chapter 16: Negotiability,transferability,and Liability
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Q1) Nina wants to transfer a check to Opie.The check is not defective if it
A)has an obvious irregularity on its face.
B)has been previously honored.
C)is incomplete so that an element of negotiability is lacking.
D)is overdue.
Q2) A holder takes an instrument for value by performing the promise for which the instrument was issued.
A)True
B)False
Q3) Commercial Credit Company has in its possession an instrument dated May 1,2009.The instrument is payable to the order of Alpha Company "on June 1,2009," for $5,000.In the upper left corner is an address for Beta Corporation-10 Corporate Park Avenue,Chicago,Illinois-and in the lower right corner is the signature of "Delta,Inc. ,By Eve,President." In the lower left corner is stamped "ACCEPTED: Beta Corporation by Frank,President,May 5,2009." On the back is the signature of "Alpha Company by Gail,President." What type of instrument is this? Is it negotiable? Who,if anyone,is primarily liable on this instrument on May 1? On May 5? Who,if anyone,is secondarily liable on this instrument?
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Chapter 17: Checks and Banking in the Digital Age
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Q1) Refer to Fact Pattern 17-2.Digital's bank is
A)the cashing bank.
B)the depositary bank.
C)the intermediary bank.
D)the payor bank.
Q2) A bank is subject to a civil suit if its customer writes a bad check.
A)True
B)False
Q3) Dina's debit card,issued by Eminent Bank,is stolen and used without Dina's permission.Dina tells Eminent Bank within thirty days.Dina may be required to pay no more than
A)$5.
B)$50.
C)$500.
D)$5,000.
Q4) The death of a customer revokes a bank's authority to pay an item.
A)True
B)False
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Chapter 18: Security Interests in Personal Property
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Q1) Dag is the secured party in a secured transaction with Elmo.In this transaction,Dag A)has a security interest.
B)owes payment.
C)owes performance.
D)owns collateral.
Q2) If collateral consists of consumer goods subject to a purchase-money security interest,the secured party must "purchase" the goods on default.
A)True
B)False
Q3) Refer to Fact Pattern 18-2.Suppose that two weeks after GLC takes possession of the equipment,Helpful and Interstate file financing statements,with Interstate filing first.In that circumstance,the party with priority to the equipment is A)GLC.
B)Helpful and Interstate proportionately.
C)Helpful only.
D)Interstate only.
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Chapter 19: Creditors Rights and Bankruptcy
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Q1) Refer to Fact Pattern 19-2.Nina may recover
A)0.
B)$30,000.
C)$50,000.
D)$60,000.
Q2) Federal law governs garnishment actions.
A)True
B)False
Q3) A bankruptcy court may deny a discharge based on the debtor's conduct.
A)True
B)False
Q4) A surety is secondarily liable for the debt of a principal.
A)True
B)False
Q5) Delia refuses to pay Ewing $500 in cash on their contract to repair certain theater sets,which Ewing still possesses.Ewing's lien on the sets will terminate
A)if Ewing continues to maintain possession.
B)if Ewing does not file a written notice of lien within thirty days.
C)if Ewing voluntarily surrenders possession.
D)within thirty days.
21
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Chapter 20: Mortgages Foreclosures After the Recession
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Q1) There are additional disclosure requirements for a loan that carries a high rate of interest or entails high fees for the borrower.
A)True
B)False
Q2) Home equity is the portion of a home's value that is "paid off."
A)True
B)False
Q3) Lenders are required to charge prepayment penalties on most subprime mortgages and home equity loans.
A)True
B)False
Q4) A borrower has the right to purchase the property after default by paying the full amount of the debt,plus any interest and costs that have accrued.
A)True
B)False
Q5) A mortgage must be in writing to comply with the Statute of Frauds.
A)True
B)False
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Chapter 21: Agency Relationships
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Q1) A principal is liable for harm caused to a third party by an agent who commits a tort while acting in the scope of his or her employment.
A)True
B)False
Q2) Geoff serves in a representative capacity for Huck.To accomplish the objectives of this relationship,Geoff's authority can be implied
A)by contradiction.
B)by custom.
C)by lack of reason.
D)under no circumstances.
Q3) Sonia manages a Tasty Pastry store for United Food Company.To manage the business,Sonia's authority can be implied by
A)an inference from the position Sonia occupies.
B)any inference a reasonable customer or supplier would make.
C)any inference Sonia chooses to make.
D)no inference.
Q4) A fiduciary relationship allows parties to avoid obligations without liability.
A)True
B)False
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Chapter 21: Management Perspective:
Independent-Contractor Negligence
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Q1) Jewel Property Company hires Klint,an independent contractor,to wash the windows of Jewel's commercial building.Jewel's tenant Lucy is injured when Klint closes a window on her hand.In determining whether Jewel is liable for Lucy's injury,the most important factor is
A)Jewel's employment of Klint.
B)Jewel's investigation of Klint's background and experience.
C)the condition of the premises,especially the window.
D)the degree of control that Jewel maintained over Klint's actions.
Q2) AgriEquip Service & Supply,Inc. ,sends Merilyn an e-mail in which AgriEquip offers to employ her for certain hours and a specific amount of money over a limited period of time.She responds with a counteroffer that reduces the hours and increases the money.AgriEquip e-mails an acceptance.Merilyn performs,but AgriEquip refuses to pay.She files a suit against AgriEquip for breach of contract.The court is most likely to rule that the e-mail
A)showed only an agreement to agree.
B)was an agreement to the essential terms of an employment contract.
C)constituted an unenforceable,non-existent contract.
D)contained a contract but is unenforceable because it is electronic.
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Chapter 22: Employment, immigration, and Labor Law
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Q1) United Industrial Corporation gives preferential treatment in hiring and promotion to the members of all protected classes.This treatment results in discrimination against members of the majority.This is
A)a bona fide occupational practice.
B)a business necessity.
C)constructive discharge.
D)reverse discrimination.
Q2) Mold & Dye Corporation is a private employer involved in a Title VII employment discrimination suit.Punitive damages may be recovered against Mold & Dye only if the employer
A)acted with malice or reckless indifference.
B)can easily afford to pay the amount.
C)has one hundred or more employees.
D)none of the choices.
Q3) Under the Americans with Disabilities Act of 1990,a person with a physical impairment that "substantially limits" everyday activities is disabled.
A)True
B)False
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25
Chapter 23: Sole Proprietorships, partnerships, Limited Liability Co
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Q1) Any partnership can be dissolved by the partners' agreement. A)True
B)False
Q2) China Bank is a foreign entity-a firm owned and operated by investors in a foreign country.With respect to an LLC in the United States,China Bank can A)act as a creditor,but cannot otherwise invest or participate. B)become a member.
C)not become a member,but can participate in its operations. D)not become a member or otherwise participate in its operations.
Q3) QuizBooks LLC is a limited liability company.Like any other LLC,unless QuizBooks chooses otherwise,the firm will be taxed as
A)a corporation.
B)a natural person.
C)a partnership.
D)a sole proprietorship.
Q4) A sharing of profits from the ownership of property creates a presumption that a partnership exists.
A)True
B)False
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Chapter 24: Corporate Formation, financing, and Termination
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Q1) Stocks represent the borrowing of funds by firms.
A)True
B)False
Q2) Ridgeway Sand & Gravel Corporation and Quick-Set Paving Company combine so that all that remains after the papers have been signed is Ridgeway.This is
A)a consolidation.
B)a merger.
C)a purchase of assets.
D)a share exchange.
Q3) Marbled Meats Corporation (MMC)proposes to combine with Natural Farms,Inc. ,and asks MMC shareholders to vote on the proposal.Omar,an MMC shareholder,votes against it,but is outvoted by the other shareholders.Is there an action that Omar can take to avoid being forced to go along with the transaction If so,what can he do? After the combination,Natural Farms ceases to exist.MMC is the surviving firm.What type of combination is this?
Q4) A corporation is liable for the torts committed by its officers within the course and scope of their employment.
A)True
B)False
Page 27
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Chapter 25: Corporate Directors, officers, Shareholders
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Q1) Any corporate funds are legally available for paying dividends.
A)True
B)False
Q2) Corporate shareholders are the ultimate authority in every corporation.
A)True
B)False
Q3) A director is a fiduciary of a corporation.
A)True
B)False
Q4) Some states permit a corporate board to have fewer than three directors.
A)True
B)False
Q5) Naomi and Ogden are shareholders of MediCare Residences,Inc.As shareholders,they must approve
A)conducting a merger.
B)deciding to pursue new business opportunities.
C)terminating a managerial employee.
D)negotiating a contract between management and labor.
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Chapter 26: Investor Protection, insider Trading, Corp Gov
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Q1) Securities that are exempt from the registration requirement can generally be sold and resold without being registered.
A)True
B)False
Q2) Global Investments Corporation buys and sells securities.Section 10(b)of the Securities Exchange Act of 1934 applies to
A)only the purchase or sale of a security involving misappropriation.
B)only the purchase or sale of a security involving short-swing profits.
C)only the purchase or sale of a security involving a tipper and tippee.
D)the purchase or sale of any security.
Q3) Heavy Hauling,Inc. ,is a public company whose shares are traded in the public securities markets.Under the Sarbanes-Oxley Act of 2002,to ensure that Heavy Hauling's financial results are accurate and timely,the firm's senior officers must set up and maintain
A)internal "disclosure controls and procedures."
B)external "release and reveal timetables."
C)personal "peruse and review liability policies."
D)public "information and discussion forums."
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Chapter 27: Personal Property and Bailments
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Q1) Estray statutes determine ownership rights in fungible goods that have "strayed."
A)True
B)False
Q2) Constructive delivery occurs when property is physically transferred.
A)True
B)False
Q3) Ansel owns Bar-B Ranch.Ansel's only son Cy owns Double-D Ranch in the same county.Ansel gives 90 percent of the Bar-B to Etta,a short-term employee.This gift
A)may lack the required element of "donative intent."
B)may lack the required element of "donor's acknowledgement."
C)may lack the required element of "heir's acquiescence."
D)meets all of the requirements for an effective gift.
Q4) In most bailments,the bailee has a right to place a lien on the bailed property until he or she is fully compensated.
A)True
B)False
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Chapter 28: Real Property and Landlord-Tenant Law
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Q1) Even after a tenant sublets leased premises,the tenant may be obligated to pay rent.
A)True
B)False
Q2) A tenant has a duty to maintain in a reasonably safe condition those areas under his or her control.
A)True
B)False
Q3) Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord.
A)True
B)False
Q4) Consumer Shops,Inc. ,signs a lease for a storefront owned by Downtown Building Company.Unlike a purchaser of real property,Consumer Shops
A)acquires only temporary possession of the premises.
B)enjoys exclusive possession of the premises.
C)holds only temporary title to the premises.
D)retains temporary,exclusive possession and title to the premises.
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Chapter 29: Insurance, wills, and Trusts
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Q1) Juli types onto a computer what she intends to be "My Will" and prints it out.Juli has capacity."My Will" is
A)invalid.
B)valid if Juli signs it.
C)valid if Juli signs it and has three witnesses sign it.
D)valid if Juli signs it,has three witnesses sign it,and files it in a certain state office.
Q2) A party must own property to have an insurable interest in it.
A)True
B)False
Q3) Undue influence can occur when a named beneficiary is in a position to influence the making of a will.
A)True
B)False
Q4) A business firm may have an insurable interest in the life of any of its employees,except a key employee.
A)True
B)False
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Chapter 30: Liability of Accountants Other Professionals
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Q1) Flynn,an accountant,helps Grange Supply Company prepare and file a false federal corporate income tax return.Under the Internal Revenue Code,this is
A)a felony punishable by a fine and imprisonment.
B)a felony punishable only by a fine.
C)a misdemeanor punishable only by a fine.
D)a civil violation subject to a liability suit but not a crime.
Q2) Accountants and other professionals may not be held liable for negligence in the performance of their service.
A)True
B)False
Q3) A professional can be liable for fraud whether or not he or she acted with fraudulent intent.
A)True
B)False
Q4) Pluto accuses Quark,an accountant,of committing defalcation.This is A)embezzlement.
B)general misconduct.
C)professional negligence.
D)throwing something out of a window.
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Chapter 31: International Law in a Global Economy
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Q1) Expropriation occurs when a government seizes private property for an illegal purpose and awards just compensation.
A)True
B)False
Q2) Bigg Business Corporation,a U.S.firm,and Comercial Grande,S.A. ,a Mexican firm,are parties to a contract that does not specify a choice of law.The governing law is that of
A)any third country.
B)Spain.
C)the buyer's place of business.
D)the seller's place of business.
Q3) Optima Medico Corporation,a U.S.firm,signs a contract with Pharma Beneficial,Ltd. ,a Canadian firm,to give Pharma the right to sell Optima's products in Canada.This is
A)a distribution agreement.
B)a joint venture.
C)direct exporting.
D)licensing.
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Chapter 32: Adapting the Law to the Online Environment:
The Supreme Court Upholds a Law That Prohibits Pandering
Virtual Child Pornography
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Q1) Federal law requires new car labels to state fuel economy estimates.California state law proscribes deceptive advertising.Angie buys a new car from Beltline Motors in California.Later,Angie files a suit against the car's manufacturer,claiming that the car does not attain the fuel economy estimate and thus its maker engaged in deceptive advertising in violation of state law.In the opinion of the majority in Paduano v.American Honda Motor Co. ,the court should hold that
A)the federal law does not preempt Angie's state law claim.
B)the federal law preempts Angie's state law claim.
C)California's state law preempts the federal fuel economy law.
D)the federal and state laws preempt each other.
Q2) World Investment & Trading,Inc.(WIT),encourages its employees to build trust with its customers and other companies.Unfounded complaints and exaggerated charges leveled against WIT online would most likely be regarded by a court as A)an expression of fact.
B)a form of speech protected by the First Amendment.
C)an inappropriate online disclosure.
D)libelous.
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Chapter 33: Adapting the Law to the Online Environment:
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Q1) OmniChem Corporation applies for a patent for a certain chemical compound.Meanwhile,OmniChem licenses its products,including the compound,to Pharmo,Inc. ,which uses the compound to make an anti-cancer prescription drug.Under the terms of the license,Pharmo agrees to pay royalties on OmniChem's "patented" products.When a patent is granted on the compound,OmniChem asks Pharmo to pay royalties on the sales of the anti-cancer drug or stop selling it.Pharmo files a challenge to the validity of OmniChem's patent.Both firms assert their claims less from an interest in profit than a belief in the "rightness" of their respective causes.This position might arguably be
A)illegal.
B)optimal.
C)socially irresponsible.
D)unethical.
Q2) According to the dissent in MedImmune,Inc. ,v.Genentech,Inc.case,a patent licensee can challenge the validity of a licensed patent
A)only after breaching the license agreement.
B)only before breaching the license agreement.
C)without breaching the license agreement.
D)under no circumstances.
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Chapter 35: Management Perspective: E-Mailed
Credit-Card Receipts
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Q1) In the Braddock case,in weighing the facts that made up the elements of the plaintiff's claim,the majority cited as a significant factor
A)assurances that were not incorporated into written documents.
B)the arms' length business transactions between the parties.
C)the expectation of the good faith of a family member.
D)the plaintiff's business and professional experience in the industry.
Q2) Dani asks her cousin Cedric to sacrifice his career,move his home and family,and provide services,at a lower salary than usual,to Dani's new Commercial Shipping Company.Dani tells Cedric that he will jointly own and run the firm.Cedric agrees.Later,after the firm gains the benefit of Cedric's services,Dani forces Cedric out.According to the majority in the Braddock case,these facts sufficiently allege the elements of a claim for A)damages based on quasi contract.
B)recovery in fraud.
C)relief from a unilateral mistake.
D)none of the choices.
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Page 37
Chapter 34: Case Study With Dissenting Opinion: Prestridge
V Bank of Jena
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Q1) In the facts of the previous question,suppose that Thalia had had access to Rhett's checks through his carelessness.The majority in the Prestridge case would then most likely hold Silverado liable for A)all checks.
B)checks that were cashed less than thirty days after the statement. C)checks that were cashed more than thirty days after the statement. D)no checks.
Q2) In the situation set out in either of the previous questions,the dissent in the Prestridge case would most likely hold Silverado liable for A)all checks.
B)checks that were cashed less than thirty days after the statement. C)checks that were cashed more than thirty days after the statement. D)no checks.
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38
Chapter 36: Adapting the Law to the Online Environment:
The Thorny Issue of Taxing Internet Sales
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Q1) Fizzical Fitness,a gym,leased its facilites and equipment from Gym Gear Inc.Fizzical agreed to buy towels and other supplies only from Gym Gear at prices set by the seller at the time of delivery.Later,Fizzical filed a suit against Gym Gear,alleging that the prices were set improperly.According to the majority in Casserlie v.Shell Oil Co. ,an inquiry into Gym Gear's motive in setting the prices is not necessary if it acted
A)in good faith.
B)with the motive of driving competitors out of business.
C)with the intent of making the most profit in the least time.
D)to set commercially unreasonable and discriminatory prices.
Q2) Tour Vista,an online travel company,buys blocks of rooms from Skyview Towers,a hotel in River City,at a wholesale rate.Tour Vista reslls the rooms to consumers at a retail rate.In recent efforts to collect taxes from e-commerce,some cities claim that hotel occupancy taxes should be assessed and remitted directly to the cities based on A)the dire financial straits of the cities during the latest recession.
B)the retail rates of the rooms.
C)the states of residency of the consumers who reserve the rooms.
D)the wholesale rates of the rooms.
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Page 39
The Debt That Never Goes Awayits Discharged in
but Still on the Debtors Credit Report
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Q1) Orly's debts are discharged in a liquidation bankruptcy.Pester & Recover,Inc. ,buys the discharged debt obligations.With respect to these debts,Pester A)can do nothing.
B)can pressure Orly into paying them.
C)must give Orly additional help to rebuild her life after the discharge.
D)must report the debts to credit reporting agencies as "discharged."
Q2) In the facts of the previous question,according to the court in the Central case,a party that would prefer a different result should seek relief from A)Congress.
B)the courts.
C)the president.
D)the students of WSU and other state schools.
Q3) In the facts of the first question,according to the reasoning of the dissent in the Central case,the prevailing party would be A)both Vance and WSU.
B)neither Vance nor WSU.
C)Vance.
D)WSU.
Page 40
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Chapter
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Q1) Sayer is an employee of Thorny Foliage Eradication,Inc.Sayer tweets messages about Thorny Foliage to employees and outside interested parties,including investors and others.According to the Securities and Exchange Commission,Sayer's messages are subject to
A)federal securities laws.
B)international communications regulations.
C)state blog and tweet rules.
D)no law.
Q2) Ren is a shareholder of Star Corporation.Ren wants to amend Star's bylaws to require it to publish the names of shareholder-nominated candidates for positions on the board of directors.Under the Securities and Exchange Commission's "notice and access" e-proxy rules,Ren can solicit proxies from other Star shareholders on this proposal by posting proxy materials on a publicly accessible Web site and sending a paper notice to A)any Star shareholder Ren selects.
B)each Star shareholder.
C)Star Corporation.
D)the Securities and Exchange Commission.
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Chapter 39: Case Study With Dissenting Opinion: Kovarik V
Kovarik
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Q1) In the facts in the previous question,according to the dissent in the Kavarik case,with respect to Glen and Heidi's marital estate,the CDs are
A)not included because Heidi's parents did not intend to give them to her.
B)not included because Irene cashed them without sharing the proceeds.
C)included because Glen and Heidi were married when the CDs were acquired.
D)included because Heidi's parents gave up control when the CDs were placed in the names of Heidi and Irene.
Q2) In the facts in the previous question,if the CDs are seen as the property of Heidi and Irene,the sisters are most likely
A)joint tenants.
B)tenants at sufferance.
C)tenants by the entirety.
D)tenants in common.
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42
Chapter 40: Unit Case Study With Dissenting Opinion: Dole
Food Co V Patrickson
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Q1) Amigos,Ltd. ,and Bueno,S.A. ,are Chilean firms.Amigos owns a majority of the shares of Bueno.The government of Chile owns a few shares of Amigos.Under the decision in Dole Food Co.v.Patrickson,parties who are immune from suit in U.S.courts under the Foreign Sovereign Immunities Act,as instrumentalities of foreign states,would include A)Amigos and Bueno.
B)neither Amigos nor Bueno.
C)only Amigos.
D)only Bueno.
Q2) In the facts of the previous questions,a U.S.court might pierce Amigos and Bueno's corporate status to impose liability on their owners,including the government of Chile,if the firms failed to follow or be involved in
A)business activities.
B)corporate formalities.
C)ethical practices.
D)foreign affairs
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