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Business Ethics and Law examines the fundamental principles and frameworks guiding ethical decision-making and legal compliance within business organizations. The course explores topics such as corporate social responsibility, stakeholder theory, ethical codes of conduct, and the interplay between law and morality in the business environment. Students analyze real-world case studies to evaluate how legal regulations and ethical considerations influence business strategies, operations, and leadership. By the end of the course, students will be able to identify ethical dilemmas, understand the implications of various legal requirements, and apply ethical reasoning and legal knowledge to contemporary business challenges.
Recommended Textbook
Business Law Text and Cases 13th Edition by ClarksonMiller
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2140 Verified Questions
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Q1) The party against whom a lawsuit is brought is the plaintiff or petitioner.
A)True
B)False
Answer: False
Q2) Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
A) specific performance.
B) an injunction.
C) rescission.
D) an action that the court cannot order.
Answer: C
Q3) Procedural law consists of all laws that outline the methods of enforcing rights.
A)True
B)False
Answer: True
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Q1) In mediation, the mediator proposes a solution and makes a decision resolving the dispute.
A)True
B)False
Answer: False
Q2) Laws would be meaningless without the courts to interpret and apply them.
A)True
B)False
Answer: True
Q3) The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores, Inc. Natural Grocery files an appeal with the United States Supreme Court. The Court does not hear the case. This A) is a decision on the merits that has value as a precedent.
B) indicates agreement with the Montana court's decision.
C) means nothing.
D) means that the Montana court's decision is the law in Montana.
Answer: D
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Q1) In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury re?turns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a mo?tion for
A) a judgment in accordance with the verdict.
B) a judgment on the pleadings.
C) a new trial.
D) judgment n.o.v.
Answer: C
Q2) Either party may appeal a jury's verdict but only the defendant may appeal a judge's ruling.
A)True
B)False
Answer: False
Q3) In most states, if neither party requests a jury, the court presumes the parties waive this right.
A)True
B)False
Answer: True
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Q1) In a federal form of government, the national government does not share sovereign power with the states.
A)True
B)False
Q2) Expression-oral, written, or symbolized by conduct-is not subject to restrictions.
A)True
B)False
Q3) To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality.
A)True
B)False
Q4) Substantive due process limits what the government can do in its legislative and executive capacities.
A)True
B)False
Q5) The term police powers encompasses just the enforcement of criminal laws.
A)True
B)False
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Q1) Desdemona works for eInnovation, Inc. Her job includes putting "spin" on the firm's successes and failures. In this context, ethics has to do with how businesspersons, in making their decisions, apply
A) legal doctrine.
B) moral and ethical principles.
C) corporate guidelines.
D) financial priorities.
Q2) Precision Tool Corporation sells a product that is capable of seriously injuring consumers who misuse it in a foreseeable way, even though the label warns against the misuse. Does the firm have an ethical duty to take this product off the market? What con?flicts might arise if the firm stops selling this product?
Q3) Acting in good faith gives a business firm a better chance of defending its actions in court.
A)True
B)False
Q4) Corporations can demonstrate corporate social responsibility by promoting goals that society deems worthwhile.
A)True
B)False
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Q1) The duty to exercise reasonable care requires storeowners to warn business invitees of all risks.
A)True
B)False
Q2) Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent, under the "50 percent rule" comparative neg?ligence principles, Oliver would recover
A) $0.
B) $250,000.
C) $400,000.
D) $500,000.
Q3) Ladd throws a rock intending to hit Minh but misses and hits Nasir instead. On the basis of the tort of battery, Nasir can sue
A) Ladd.
B) Minh.
C) the rightful owner of the rock.
D) no one.
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Q1) Luke is playing a video game on a defective disk that melts in his game player, starting a fire that injures his hands. Luke files a suit against Mystic Maze, Inc., the game's maker under the doctrine off strict liability. A significant appli?cation of this doctrine is in the area of
A) cyber torts.
B) intentional torts.
C) product liability.
D) unintentional torts.
Q2) BioChem Corporation, ChemCo Company, and DexLabs Inc. make and distribute toxic chemicals. In a product-liability suit against all of these parties, the court is most likely to impose market-share li?ability if it cannot be proved which of the parties
A) was in privity with the injured plaintiff.
B) exercised the least amount of due care in making the product.
C) supplied the particular product that caused the injury.
D) holds the largest share of the market for the product.
Q3) There is a duty to warn about risks that are obvious or commonly known.
A)True
B)False
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Q1) For five years, clothing makers and marketers Style-One Corporation and Trend Now, Inc., both use the phrase "Looks Great" on their labels. Style-One files a suit against Trend Now, claiming trademark infringement. Trend Now argues that the phrase generally is not associated with any particu?lar firm and that other companies use the same phrase on their labels and in their ads. In whose favor is the court most likely to rule, and why?
Q2) A service mark distinguishes products used by those in public service.
A)True
B)False
Q3) A license permits the use of another's intellectual property for certain purposes.
A)True
B)False
Q4) Counterfeit goods copy or otherwise imitate trademarked goods, and they are in fact sometimes genuine trademarked goods.
A)True
B)False
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Q1) Law enforcement uses social media to detect and prosecute criminals.
A)True
B)False
Q2) Lori claims that she suffered injuries in an auto accident with an uninsured vehicle. When her insurer Miserly Insurance Company does not pay her claim, she files a suit against Miserly for breach of contract. The insurer files a motion to compel Lori to comply with a discovery request for everything that she has posted on Facebook, Twitter, and other social media sites since the accident. Why would the insurer want to obtain such material? What might Lori argue in opposition to the motion? Should the court grant the defendant's request? Discuss.
Q3) Ralph founds Signify Inc. to make and sell products bearing the names of Tau Kappa Epsilon (TKE) and other fraternities and sororities. Among other venues, Signify sells its products online through Web sites that incorporate the fraternities' and sororities' names and abbreviations into the URLs-for example, "tkestuff.com"-without their permission. On what basis might the fraternities and sororities maintain a successful suit against Ralph and Signify? How might this dispute have been avoided?
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Q1) Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for A) any period of time.
B) more than one year.
C) more than six months.
D) more than ten days.
Q2) Gem programs software to prompt a computer to continually crash and reboot. Gem intends to install this program on various companies' computer systems without the companies' knowledge. The program can reproduce itself, but must be attached to a host file to travel from one computer network to another. This program is a A) hacker.
B) botnet.
C) virus.
D) worm.
Q3) The only defense to criminal liability that justifies the use of force is self-defense. A)True
B)False
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Q1) If a voidable contract is avoided, the promisee, but not the promisor, is released from it.
A)True
B)False
Q2) When Hester's car breaks down, she asks Insta-Tow, Inc., to tow it to Jerry's Repair Shop. There is no discussion of a price, and Hester and Insta-Tow do not sign any documents. Later, Insta-Tow sends Hester a bill. With respect to Hester's obligation to pay the bill, this is
A) an express contract.
B) an implied contract.
C) no contract.
D) a quasi contract.
Q3) When a contract's writing is not clear, a court will enforce it according to its obvious terms.
A)True
B)False
Q4) A quasi contract is an actual contract.
A)True
B)False
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Q1) Naomi tells Ogden, who has no knowledge of Shakespearean comedy, that she will tutor him in the subject for $50. As an offer, this is
A) effective.
B) not effective because comedy is not a serious subject.
C) not effective because Naomi's tutoring will be subjective.
D) not effective because Ogden has no knowledge of the subject.
Q2) Shasta offers to sell a used hay baler to Roberto, but receives a letter of accep?tance from Quito, who has no relation to Roberto. A valid contract exists between A) Shasta and Roberto.
B) Shasta and Quito.
C) Roberto and Quito.
D) none of the choices.
Q3) Contracting parties cannot opt out of the terms of the UETA.
A)True
B)False
Q4) Browse-wrap terms are often unenforceable.
A)True
B)False
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Q1) Gustaf and Hilltop Country Club disagree as to the exact amount Hilltop owes Gustaf for his landscaping work. They form a new agreement that, on fulfillment, will discharge the prior obli?gation. This is
A) a covenant not to sue.
B) an accord and satisfaction.
C) a release.
D) promissory estoppel.
Q2) Even if the terms of a contract express such certainty of performance that the promisor has not definitely promised to do anything, the promise binds the promisor.
A)True
B)False
Q3) In many states, a release contract must be in a signed writing.
A)True
B)False
Q4) A promise to do what one already has a legal duty to do constitutes legally sufficient consideration.
A)True
B)False
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Q1) For business purposes, an adult may petition a court to treat minors as adults.
A)True
B)False
Q2) Jimenez is an emergency medical technician. Medical personnel such as Jimenez are pro?hibited by state statute from working more than a certain num?ber of consecutive hours. One month, Jimenez works more than the legal limit. Jimenez can recover for
A) the hours up to the statutory maximum but not more.
B) the hours up to the statutory maximum and the extra hours.
C) the hours up to the statutory maximum or the extra hours.
D) nothing.
Q3) A person who has been determined by a court to be mentally competent cannot form a legally binding contract with another party.
A)True
B)False
Q4) Contracts in restraint of trade usually positively affect the public policy that favors competition in the economy.
A)True
B)False
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Q1) At an auction for the first time, Dulcinea bids on a one-hundred-year-old Edison-brand phonograph, believing that it is worth more than the price asked. When the item proves to be less valuable, Dulcinea is A) liable on the bid.
B) not liable on the bid because Dulcinea overestimated the value of the auctioned item. C) not liable on the bid because the auctioneer overstated the value of the auctioned item.
D) not liable on the bid because this was Dulcinea's first auction.
Q2) Misrepresentation can occur by words or actions, but not by silence.
A)True
B)False
Q3) Misrepresentation of a material fact cannot occur through conduct alone.
A)True B)False
Q4) Courts typically set aside contracts because a party did not volunteer pertinent information.
A)True
B)False
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Sample Questions
Q1) Commercial Decor, Inc., files a suit against Discount Mart Corporation, asking the court to enforce an oral contract between the parties under the doctrine of promissory estoppel. This doctrine applies in
A) all states.
B) no states.
C) one state.
D) some states.
Q2) Every state has a statute that stipulates what types of contracts must be in writing. A)True
B)False
Q3) To be enforceable as a contract, a writing must have been signed by the party who seeks to enforce it.
A)True B)False
Q4) The Statute of Frauds operates as a defense to the enforcement of an oral contract for the sale of land.
A)True B)False

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Q1) It is legally necessary to notify the obligor of any assignment of rights to a third party.
A)True
B)False
Q2) The assignment of the same contract right to two different parties automatically cancels both assignments.
A)True
B)False
Q3) An assignee has a right to demand performance from the obligor.
A)True
B)False
Q4) In most cases, a contract that prohibits its assignment cannot be assigned.
A)True
B)False
Q5) Refer to Fact Pattern 17-B1. Coastal Marina is
A) a delegatee.
B) an assignee.
C) an incidental beneficiary.
D) an intended beneficiary.
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Q1) Herb's Hot Dog Vending, Inc., enters into a contract to pay Idris for a business survey and review of Herb's competitors, which Idris delivers on August 1. Herb's offer, on the same date, to pay Idris is
A) a concurrent condition.
B) a novation.
C) tender.
D) mutual rescission.
Q2) In most contracts, promises of performance are not expressly conditioned or qualified.
A)True
B)False
Q3) Any breach discharges the nonbreaching party from the contract.
A)True
B)False
Q4) When a party's performance is perfect, it is said to be complete.
A)True
B)False
Q5) Performance can be accomplished by tender.
A)True
B)False
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Q1) Ordinarily, the remedy for a seller's breach of a contract for a sale of real estate is damages.
A)True
B)False
Q2) Metro Facilities, Inc., contracts to sell a parking garage to Nouveau Property Company. The contract pro?vides that if Metro does not close the deal by September 15, it must pay Nouveau one-half of the contract price. This provision is not enforceable because it is
A) a liquidated damages clause.
B) a waiver of breach clause.
C) a limitation-of-liability clause.
D) a penalty clause.
Q3) Handcrafts & Hobbies Store agrees to hire Iliana for one year at a salary of $600 per week. When Handcrafts & Hobbies cancels the contract, Iliana spends $150 to obtain a similar job that pays $450 per week for a year. Iliana is entitled to recover
A) the amount of the wages that Handcrafts & Hobbies promised only.
B) the difference between the wages at the two jobs only.
C) the difference between the wages at the two jobs plus $150.
D) $150 only.
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Q1) iSharp, Inc., and Jenene, the owner of a Kitchen Time shop, orally agree to a sale of knives and other utensils for $12,000. Jenene gives iSharp a check for $4,000 as a partial payment. This contract is
A) enforceable to the extent of $4,000.
B) fully enforceable because it is for specially selected goods.
C) fully enforceable because it is oral.
D) not enforceable.
Q2) The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the uniform international sales law of countries that account for more than two-thirds of all global trade.
A)True
B)False
Q3) Goods associated with real estate often fall within the scope of Article 2.
A)True
B)False
Q4) Under the UCC, an agreement modifying a contract needs no consid?eration to be binding.
A)True
B)False
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Q1) QuickFreeze Storage, a bailee, holds goods for Restaurant Purveyor, Inc., which has contracted to sell the goods to Seafood Dining Company. The goods are to be delivered without being moved. The risk of loss will pass to Seafood Dining when it receives
A) a copy of Restaurant Purveyor's contract with QuickFreeze Storage.
B) a copy of Restaurant Purveyor's contract with Seafood Dining.
C) a negotiable document of title.
D) a notice that Seafood Dining's payment for the goods has cleared.
Q2) Under a destination contract, the risk of loss passes to the buyer when the goods are duly delivered to the carrier.
A)True
B)False
Q3) Effortless Workouts, Inc., offers to sell a treadmill to Farouk and sends it to him on a trial basis. This is A) a bailment.
B) a delivery ex-ship.
C) a sale on approval.
D) a sale or return.
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Q1) Sun Power, Inc., sells solar power cells and panels to commercial dealers in the Southwest. With regard to the UCC's good faith requirement, Sun Power can
A) avoid it only by a conspicuous written disclaimer.
B) avoid it only by oral disclaimer.
C) avoid it with or without a disclaimer.
D) not disclaim it.
Q2) Loading Ramps Plus Inc. contracts to sell sixteen aluminum loading ramps to Moving Services, Inc. Loading Ramps ships the ramps, which Moving Services accepts but does not pay for. Loading Ramps can
A) sue to recover the purchase price plus inci?dental damages.
B) sue to recover the purchase price minus inci?dental damages.
C) resell the ramps to any buyer willing to reclaim them from Moving Services.
D) require Moving Services to revoke its acceptance of the ramps.
Q3) If a buyer wrongfully refuses to accept goods, the seller can bring an action to recover the damages sustained.
A)True
B)False
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Q1) An expression of opinion will usually create a warranty.
A)True
B)False
Q2) Goods must be of the highest quality possible to be merchantable.
A)True
B)False
Q3) Arnold buys a backhoe from Big Dig Equipment Inc. Arnold is unaware that Credit Collection Company holds a lien against the backhoe when he buys it. If Credit Collection repossesses the backhoe, Arnold can
A) recover from Big Dig for breach of warranty.
B) do nothing.
C) file criminal charges against Big Dig and Credit Collection.
D) recover damages from Credit Collection for breach of warranty.
Q4) Livestock Feedlot orders one hundred sacks of cattle feed from MegaNutrient Feed, Inc. Each sack is stamped with the phrase "Twenty percent protein." This is
A) an express warranty.
B) an implied warranty.
C) a warranty of title.
D) puffery.
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Q1) The importation of goods that infringe U.S. patents is not prohibited.
A)True
B)False
Q2) A foreign state is immune from the jurisdiction of U.S. courts unless the state is involved in commercial activity within the United States.
A)True
B)False
Q3) To restrict or encourage exports, Congress can set quotas on various items, such as grain being sold abroad.
A)True
B)False
Q4) The Foreign Sovereign Immunities Act broadly defines com?mercial activity.
A)True
B)False
Q5) Dumping is the exporting of environmentally polluting goods to a foreign market. A)True
B)False
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Q1) Payday Loans, Inc., signs an instrument payable to the order of Qiana that states, "The maker of this note at the date of maturity, April 1, 2016, can extend the time of pay?ment, but for no more than a rea?sonable time." This instrument is A) negotiable.
B) nonnegotiable, because it includes an extension clause.
C) nonnegotiable, because it is not payable within a definite time.
D) nonnegotiable, because it is payable to a specific payee.
Q2) Refer to Fact Pattern 25-1B. The instrument that Thalia signed is most likely A) a certificate of deposit.
B) a draft.
C) an order to pay.
D) a promissory note.
Q3) With respect to negotiability, an order on an instrument may be addressed to one person or to more than one person, either jointly or alternatively.
A)True
B)False
Q4) An order instrument must identify the payee with certainty.
A)True
B)False

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Q1) A transfer by assignment can make it possible for a transferee to receive more rights in the instrument than the prior possessor had.
A)True
B)False
Q2) A blank indorsement can consist of a mere signature. A)True
B)False
Q3) Flossie signs a check payable to Glenn and gives it to him, leaving the amount blank but authorizing him to fill it in for $1,000. Glenn fills in $1,500 and negotiates the check to Home Federal Bank, an HDC. Home Federal can enforce the check for A) $0.
B) $500.
C) $1,000.
D) $1,500.
Q4) Usually, indorsements are qualified indorsements. A)True B)False
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Q1) Frieda is an administrative assistant with Global Dispatch & Shipping Corporation, but has no authority to sign Global Dispatch checks. Frieda orders merchandise from Home & Office Furnishings Company delivered to her home and pays with a Global Dispatch check, signing "Global Dispatch & Shipping Corp. by Frieda, admin. assist." Home & Office does not know that Frieda has no authority to sign the check. Who is liable on the check, and why?
Q2) Under the fictitious payee rule, the payee's indorsement is not treated as a forgery, and an innocent holder can hold the maker or drawer liable on the instrument.
A)True
B)False
Q3) Employment Personnel Company draws a check payable to Felix. Felix indorses the back and negotiates the check to Guaranty Bank. Primarily liable on the check is A) Employment Personnel. B) Felix.
C) Guaranty Bank. D) none of the choices.
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Q1) A check is a special type of draft that is drawn on a bank, ordering the bank to pay a fixed amount of money on demand.
A)True
B)False
Q2) Martha has a checking account with Homeplace Bank. Martha signs a check "payable to Phillipa" drawn on Martha's account. Homeplace Bank is
A) the payer.
B) the drawee.
C) the drawer.
D) the payee.
Q3) Amelia writes a check to Barry on her account at Community Savings Bank. The bank dishonors the check even though Amelia has sufficient funds in her ac?count. The bank is
A) liable to Amelia.
B) liable to itself.
C) liable to the payee on Amelia's next check.
D) not liable.
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Q1) Dina asks Edie to co-sign a credit application so that she can borrow money and buy a piano from First Chair, a musical instruments and supplies seller. If, after the loan agreement is signed, Dina agrees to a higher rate of interest without telling Edie, then Edie is
A) discharged from the agreement.
B) liable at the higher rate of interest.
C) liable at the lower rate of interest.
D) liable for the principal only.
Q2) A surety is entitled to receive from the debtor the actual amount of the debt paid to the creditor on behalf of the suretyship arrangement but not other expenses incurred.
A)True
B)False
Q3) Only a few types of property-a debtor's wages or bank account, for example-can be garnished.
A)True
B)False
Q4) With a mechanic's lien, real estate becomes security for a debt.
A)True
B)False
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Q1) Home2U Stores, Inc., sells household consumer goods. To create a pur?chase-money security interest, Home2U must
A) assign, to a collecting agent, a portion of its accounts payable.
B) assign, to a collecting agent, a portion of its accounts receivable.
C) extend credit for part or all of the purchase price of the goods.
D) refer purchasers to a third-party lender.
Q2) A security agreement need not be in writing if the collateral is transferred to the secured party.
A)True
B)False
Q3) A security interest can cover property in which the debtor has ownership or possessory rights in the present or in the future.
A)True
B)False
Q4) A financing statement is an agreement that creates or provides for a security interest.
A)True
B)False
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Q1) The right to petition for bankruptcy relief under federal law is an essential aspect of our capitalistic society.
A)True
B)False
Q2) When a debtor has not assets, creditors are notified of the debtor's petition for bankruptcy but are instructed not to file a claim.
A)True
B)False
Q3) The content of a family-fisherman bankruptcy plan is very different from that of a repayment plan.
A)True
B)False
Q4) Roland files a petition in bankruptcy. After all his assets have been sold and the proceeds distributed among his creditors, Roland's remaining debts
A) are discharged.
B) will be paid by the court.
C) must be paid by Roland.
D) are put on hold until Roland has sufficient means to pay them.
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Q1) A principal has a duty to cooperate with the agent and to assist the agent in performing his or he duties.
A)True
B)False
Q2) If work is usually done under the employer's direction, this indicates independent-contractor status.
A)True
B)False
Q3) Refer to Fact Pattern 32-1B. Neon hires Professional Janitorial Company to clean the store. Neon gives Professional Janitorial instructions as to what needs to be cleaned and when. Professional Janitorial is
A) an independent contractor.
B) Neon's employee only.
C) Neon's employee and agent.
D) Neon's principal.
Q4) Through agents, a principal can conduct only one business operation at a time. A)True
B)False
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Q1) An undisclosed principal is not liable to a third party for a contract made by an agent.
A)True
B)False
Q2) A principal is always directly responsible for an agent's misrepresentation made within the scope of the agent's authority.
A)True
B)False
Q3) When the parties terminate an agency, it is the principal's duty to notify any third parties who know of the existence of the agency that it has been terminated.
A)True
B)False
Q4) Mirena serves in a representative capacity for Netanya. Orla is injured through Mirena's negligence. Netanya may be liable to Orla if Mirena's conduct occurred A) due to a propensity Netanya was not and could not have been aware of.
B) during normal working hours.
C) in the course and scope of Mirena's employment.
D) outside the parties' employment relationship.
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Q1) Ripe Orchards, Inc., employs hundreds of seasonal and permanent workers, both skilled and unskilled, in three states. Under federal immigration law, Ripe Orchards can hire illegal immigrants
A) if either the employer or the immigrants file special forms.
B) only if the employer files a special form.
C) only if the immigrants file special forms.
D) under no circumstances.
Q2) Technicians Union represents the workers of Unix Toys. A strike by the union will be legal if the strikers
A) form a picket line.
B) form a massed barrier and deny management and nonunion workers access to Unix Toys's plant.
C) stay in Unix Toys's plant without working.
D) all of the choices.
Q3) The key consideration in determining whether an employment manual creates an implied contract is the employee's reasonable expectations.
A)True
B)False
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Q1) Employers can avoid liability for employment discrimination on the basis of after-acquired evidence of an employee's misconduct.
A)True
B)False
Q2) Buena files a suit against Credit Services Corporation under the Civil Rights Act of 1964, alleging employment discrimination on the basis of gender on a disparate-impact theory. To succeed, Buena must show that Credit Services hires fewer women than the per?centage of
A) qualified women in the local labor market.
B) qualified women in the United States.
C) women in Credit Services's state.
D) women who apply to Credit Services for work.
Q3) Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases, or other benefits.
A)True
B)False
Q4) The Civil Rights Act of 1964 prohibits job discrimination on the basis of merit.
A)True
B)False
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Q1) Refer to Fact Pattern 36-1. Jumbo Juice makes earnings claims to potential investors. For those claims, the franchisor
A) can have a hypothetical basis.
B) must have a reasonable basis.
C) must have an actual basis.
D) can have any or no basis.
Q2) The franchise agreement is not likely to set out standards such as sales quotas and record-keeping requirements.
A)True
B)False
Q3) Silvano owns Textbooks Plus, a sole proprietorship that sells textbooks and other school supplies. When Silvano dies, Textbooks Plus will automatically A) dissolve.
B) pass to Silvano's heirs.
C) pass to the state.
D) be offered for sale to its creditors and competitors.
Q4) The franchise is not strictly speaking a business organizational form.
A)True
B)False
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Q1) Oliana is a partner in Pacific Traders. In the majority of states, with respect to any partnership obligations that Oliana does not participate in, know about, or ratify, Oliana would be liable for
A) none of the obligations.
B) all of the obligations, jointly and severally.
C) all of the obligations, jointly but not severally.
D) only the contractual obligations.
Q2) Every act of the partner concerning partnership business and "business of the kind" and every contract signed in the partnership's name bind the partner, but not the firm.
A)True
B)False
Q3) Refer to Fact Pattern 37-1B. Cornell's assignment of his interest in Equity Lending to Financial Consultants Corporation results in
A) nothing with respect to Cornell or Equity Lending.
B) the automatic termination of Equity Lending's legal existence.
C) Cornell's liability for all of Equity Lending's debts.
D) Cornell's wrongful dissociation and liability for any damages.
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Q1) For federal income tax purposes, one-member limited liability companies are not taxed.
A)True
B)False
Q2) Oni's Adventure Travel and Paquito's Wild River Tours form a joint venture. Oni can participate in the venture's management
A) only to the extent that she assumes liability for the venture's debts.
B) only to the extent of her investment in the venture.
C) to any extent.
D) to no extent.
Q3) Kalin, Liza, and other consumers form MuniMart Cooperative. This form of business organization makes it possible for these individuals to
A) avoid personal liability for the acts of the cooperative.
B) obtain an exemption from state laws governing corporations.
C) pay no taxes on their business income.
D) pool their resources to gain an advantage in the marketplace.
Q4) The law governing limited liability companies is uniform.
A)True
B)False
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Q1) Fitness Workout, Inc., is a small business. Siblings Grady and Heidi, and nine other members of their family, own all of its stock. Currently, the firm's income is taxed at the corporate level and, after being distributed to the family members, at the shareholder level. Can Fitness Workout retain its corporate status but oth?er?wise avoid this double taxation? If so, how?
Q2) Bonds represent the borrowing of funds by firms.
A)True
B)False
Q3) The abbreviation "P.A." in the name "Conrad & Drake, Accountants, P.A." means that this organization is
A) a private association.
B) a professional association.
C) a public association.
D) a publicly administered corporation.
Q4) If a corporation has S corporation status, it can avoid the imposition of income taxes at the corporate level.
A)True
B)False
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Q1) Alain is chairman of the board of Barber & Beauty Supply Corporation. Consuela, a con?sumer, is injured while using a Barber & Beauty product. She sues Barber & Beauty and Alain individu?ally. The corporation may pay Alain's legal fees under A) under the director's right to participation.
B) under the director's right to compensation.
C) under the director's right to indemnification.
D) only on the firm's own initiative.
Q2) Renee is a director of Sharp Focus Lens Corporation. With respect to Sharp Focus, Renee can access the corporation's books and records. Renee has this access under A) the director's right to participation.
B) the director's right of inspection.
C) the director's right to indemnification.
D) the articles of incorporation or corporate bylaws.
Q3) A court will dismiss a derivative suit if a majority of the directors or an independent panel determines in good faith that the lawsuit is not in the best interests of the corporation.
A)True
B)False
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Q1) Refer to Fact Pattern 41-2B. Quality Films issues shares that its shareholders can exchange for cash if a takeover is successful, intending to make Popular Movies's takeover attempt too expensive. This is a
A) crown jewel defense.
B) Pac-Man defense.
C) poison pill defense.
D) white knight defense.
Q2) Alex is a shareholder of Brick & Mortar Retail Corporation. For the last few years, business has not been profitable for Brick & Mortar. The firm has lost money on its operations. There has been some profit through sales of company assets, but the board of directors has refused to declare a dividend. This last year, the firm's accountants failed to file fed?eral in?come tax returns and the board refused to pay the tax. Alex takes a close look at the firm and protests to the board, in particular over the fail?ure to declare a dividend, but the board ignores the complaint. Which of these events, if any, would form a ground for a court to order the dissolu?tion of Brick & Mortar, on Alex's petition? If the court denies the petition, could Alex and the other shareholders dissolve Brick & Mortar?
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Q1) The Securities and Exchange Commission (SEC) requires companies to file certain information electronically so that it can be posted on the SEC's EDGAR database.
A)True
B)False
Q2) The Securities Exchange Act of 1934 applies to companies that have assets in excess of $5 million and five hundred or more employees.
A)True
B)False
Q3) As part of a stock offering for Designer Studio Corporation, the firm's accountant Evelyn intention?ally misrepresents material facts in the pro?spectus. Flores buys the stock unaware of the misrepresentation and suf?fers a loss. Evelyn may be subject to A) a fine and damages only.
B) a fine and imprisonment only.
C) a fine, imprisonment, and damages.
D) damages only.
Q4) Most securities can be resold without registration.
A)True
B)False
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Q1) Administrative agencies generally have no discretion over the type of hearing procedures that they use.
A)True
B)False
Q2) A party can be directly prosecuted for violating an administrative agency's interpretive rule or guidance document.
A)True
B)False
Q3) Guitar Maker, Inc., makes guitars. The Occupational Safety and Health Administration (OSHA) proposes a safety rule governing the handling of wood and its dust in the workplace, including the woods that Guitar Maker uses in its operations. Guitar Maker contends that the rule will involve sub?stantial compliance costs without significantly increasing workplace safety. The firm sends a letter to OSHA indicating its objections to the pro?posed rule and enclosing research reports and other data sup?porting those objections. Does OSHA have any obligation to consider these objec?tions? What procedures must OSHA follow when it makes new rules, such as this one?
Q4) Unlike statutes, administrative regulations do not have a binding effect.
A)True
B)False
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Q1) Insurance companies must spend at least 85 percent of all premium dollars from large employers on benefits and quality improvements.
A)True
B)False
Q2) Mouth & Gums, Inc. (CSI), engages in de?ceptive advertising when it markets its product Oral Rinse as able to kill germs over long periods of time. In an action against Mouth & Gums, the firm is ordered to stop its false advertis?ing of Oral Rinse and other products. This is
A) a counteradvertising order.
B) a multiple product order.
C) a "cooling-off" law.
D) a validation notice.
Q3) A debt-collection agency is someone who regularly attempts to collect debts on behalf of someone else, usually for a percentage of the amount owed.
A)True
B)False
Q4) Labels on fresh meats are not required to indicate where the food originated.
A)True
B)False
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Q1) A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.
A)True
B)False
Q2) Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology that is economically and technologically feasible.
A)True
B)False
Q3) Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in
A) penalties and damages.
B) penalties only.
C) damages only.
D) no penalties or damages.
Q4) Water-quality standards are set by the Environmental Protection Agency.
A)True
B)False
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Q1) Refer to Fact Pattern 46-1B. The agreement between Natural Gas and Olio Energy is A) a horizontal restraint.
B) none of the choices.
C) a resale price maintenance agreement.
D) a vertical restraint.
Q2) Office Warehouse Inc. and Paperclips Inc. are the chief competitors in their market. They agree that Office Warehouse will operate only east of the Mississippi River and Paperclips will operate only west of the waterway. Under antitrust law, this is most likely A) a per se violation.
B) a violation only if their competitors make similar deals.
C) a violation only if their customers agree to honor the deal.
D) not a violation.
Q3) A territorial or customer restriction is currently considered a per se violation of antitrust law.
A)True
B)False
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Q1) Everett is an accountant whose clients include Finance & Capital, Inc. Under the Ultramares rule, if Everett is negligent in his work for Finance & Capital, he could be liable to Finance & Capital and A) any third party.
B) no third party.
C) third parties who are foreseen users of the work.
D) third parties who are reasonably foresee?able users of the work.
Q2) For a plaintiff to recover damages under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, proof of intent is necessary.
A)True
B)False
Q3) Hadley, an accountant, accumulates working papers while performing an audit for Ilene. After the audit, these documents belong to
A) Hadley, with Ilene having a right of access to the papers.
B) Ilene, with Hadley having a right of access to the papers.
C) neither Hadley nor Ilene-the papers must be disposed of.
D) the Public Company Accounting Oversight Board.
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Q1) Mallory's sister Naomi gives Mallory a leather working kit for Christmas. Mallory uses the kit to make a saddle. Mallory's acquisition of the saddle is by A) gift.
B) accession.
C) confusion.
D) production.
Q2) Simply finding something and holding onto it gives the finder legal rights in the property.
A)True
B)False
Q3) A finder of mislaid property becomes the caretaker of the property.
A)True
B)False
Q4) A fixture is normally included in a sale of land unless the sales contract specifies otherwise.
A)True
B)False
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Q1) Buck owns five acres of land in California. On the land Buck has a house and a toolshed. There are ten large maple trees around the house. The real property includes A) the land only.
B) the land and the house only.
C) the land, the house, and the toolshed, but not the trees.
D) the land, the house, the toolshed, and the trees.
Q2) Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nathan's Deli is adjacent to the project. Nathan's loses most of its business when the residents are moved. Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?
Q3) A easement is the revocable right of a person to come onto another person's land.
A)True
B)False
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Q1) An insurance company may cancel an insured's policy for any reason and at any time.
A)True
B)False
Q2) Anna obtains a business liability insurance policy for her Brew & Bagels Coffee Shop from ChoiceFirst Insurance Company. When an event occurs that gives rise to a claim, each party has a duty to
A) cooperate in an investigation to determine the facts.
B) file a suit against the other so that a court can settle the claim.
C) find a third party on whom to impose liability.
D) pay any outstanding premium or refund any unearned amount.
Q3) Misstatements or misrepresentations in an application for insurance can affect the amount of a premium but cannot void a policy.
A)True
B)False
Q4) An insurer has a duty to avoid paying a claim even if it means acting in bad faith.
A)True
B)False
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Q1) Finnegan dies without a will, with no surviving spouse or child. Finnegan's survivors in?clude his grandson Gallagher, his niece Hailey, and his cousin Innis. In most states, his estate would pass to A) Gallagher.
B) Hailey.
C) Innis.
D) the state.
Q2) There are age requirements for the witnesses who attest to a will. A)True
B)False
Q3) Genevieve, a twenty-year-old, wants to execute a will before she undertakes a moun?tain-climbing trip on a peak in the Himalaya Mountains. In most states, the legal age for executing a will is A) sixteen.
B) eighteen.
C) twenty-one.
D) any age.
Q4) A resulting trust arises from the conduct of the parties. A)True B)False
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