Business Ethics and Law Practice Questions
Course Introduction
Business Ethics and Law explores the intersection of ethical principles and legal regulations in the business world. This course examines the foundational concepts of ethical reasoning, corporate social responsibility, and the legal environment in which organizations operate. Students analyze real-world cases and contemporary issues to understand how legal frameworks and ethical considerations shape business decision-making, organizational culture, and stakeholder relationships. The course provides practical strategies for navigating complex moral dilemmas while ensuring compliance with relevant laws, fostering integrity, and promoting sustainable business practices.
Recommended Textbook
Fundamentals of Business Law Summarized Cases 9th Edition by Roger LeRoy Miller
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Page 2
Chapter 1: The Legal and Constitutional Environment of Business
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Sample Questions
Q1) 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
Q2) Under the Constitution,the states retain all powers not specifically delegated to the federal government.
A)True
B)False Answer: True
Q3) The law establishes rights,duties,and privileges that are consistent with the values of society.
A)True
B)False
Answer: True
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Page 3
Chapter 2: Traditional and Online Dispute Resolution
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Sample Questions
Q1) Venue is the term for the subject matter of a case.
A)True
B)False
Answer: False
Q2) Moby,a resident of New Jersey,has an accident with Ogden,a resident of New York,while driving through that state.Ogden files a suit against Moby in New York.Regarding Moby,New York has
A)federal question jurisdiction.
B)in personam jurisdiction.
C)in rem jurisdiction.
D)no jurisdiction.
Answer: B
Q3) Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case.
A)True
B)False
Answer: True
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Chapter 3: Ethics and Business Decision Making
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Sample Questions
Q1) An action may be legal and ethical.
A)True
B)False
Answer: True
Q2) The role played by women may present some difficult ethical problems for firms doing business internationally.
A)True
B)False
Answer: True
Q3) Bob,research manager for CornAgri Products,Inc. ,applies utilitarian ethics to determine that an action is morally correct when it produces the greatest good for A)Bob.
B)CornAgri.
C)the fewest people.
D)the most people.
Answer: D
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Page 5
Chapter 4: Torts and Cyber Torts
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Sample Questions
Q1) Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as
A)a blameless person.
B) a faultless person.
C)a reliable person.
D)a reasonable person.
Q2) Publishing false information about another's product is conversion. A)True
B)False
Q3) Consent is a defense to an allegation of assault,but not battery. A)True
B)False
Q4) Disparagement of property is another term for slander of quality. A)True B)False
Q5) Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship. A)True B)False
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Chapter 5: Intellectual Property and Internet Law
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Sample Questions
Q1) A trademark must be registered to support a trademark infringement action.
A)True
B)False
Q2) Trade dress has the same legal protection as trademarks.
A)True
B)False
Q3) Fiona invents a new deep-sea fishing net,which she names "Great Catch." She also writes the operating manual to be included with each net.Fiona could obtain copyright protection for
A)the net.
B)the "newness" of the net.
C)the name.
D)the operating manual.
Q4) A list of customers cannot be a trade secret.
A)True
B)False
Q5) Patent infringement occurs only if an invention is copied in its entirety.
A)True
B)False
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Chapter 6: Criminal Law and Cyber Crime
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Sample Questions
Q1) Mary,who is charged with a crime,claims that Nick,a government agent,entrapped her.For entrapment to be a valid defense
A)Mary must not have been predisposed to commit the crime.
B)Nick must have pressured Mary into committing the crime.
C)Nick must have suggested that the crime be committed.
D)all of the choices.
Q2) Refer to Fact Pattern 6-1.Minka's secretly installed software allows her to forward transmissions from her unauthorized network to even more systems.This network is
A)a hacker.
B)a bot.
C)a botnet.
D)a worm.
Q3) Crimes occurring in a business context are popularly referred to as white-collar crimes.
A)True
B)False
Q4) It is not a crime to defraud the public through the use of ads on television.
A)True
B)False
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Chapter 7: Nature and Classification
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Sample Questions
Q1) On behalf of the rock group Uno,their manager Thalia agrees to a performance in Seaside Amphitheatre on July 4.Rex,acting for Seaside Productions,sends a written copy of the agreement to Thalia to be signed.Typically,businesspersons put their contracts in writing to
A)ensure proof of the contracts' existence.
B)create substance from form.
C)obtain a check or other negotiable instrument.
D)practice their "letters of credit."
Q2) Cory enters into a contract with Dian to act as her personal sports trainer.If they later dispute the meaning,and the contract contains unclear terms,the rules of contract interpretation will give effect to
A)the parties' intent as expressed in their contract.
B)what the defendant claims was the parties' intent.
C)what the plaintiff claims was the parties' intent.
D)what the parties now agree they intended.
Q3) An implied contract is implied from the conduct of the parties.
A)True
B)False
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9
Chapter 8: Agreement in Traditional and E-Contracts
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Sample Questions
Q1) Quik Fix-It,Inc. ,offers Pam a job as a plumber.No time for acceptance is specified in the offer.The offer will terminate
A)after a reasonable period of time.
B)after a typical work week (five business days).
C)after a usual month (thirty calendar days).
D)never.
Q2) Kim sends an offer to Leo to cut down and remove a tree for $200.Kim says,"If you say nothing,I will consider you to have accepted my offer." If Leo does not respond,he will be deemed to
A)accept the offer.
B)make a counteroffer.
C)reject the offer.
D)none of the choices.
Q3) A person who does not know about a reward can still claim it.
A)True
B)False
Q4) An offer must be practical to be effective.
A)True
B)False
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Chapter 9: Consideration,capacity,and Legality
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Sample Questions
Q1) Quality Steel Corporation files a suit against Rite Tool Company,claiming that the consideration for their contract is inadequate.The court will most likely not examine the adequacy of the consideration if
A)it is obvious that the consideration is adequate.
B)Rite Tool asserts that there is adequate consideration.
C)something of value passed between the parties.
D)the consideration is worth more than $100.
Q2) Boz runs an illegal gambling business and pays Colin,a police officer,not to interfere.The payments are discovered.Boz and Colin are sent to prison.With respect to the amount of the payments,Boz can recover
A)all of it.
B)none of it.
C)only as much as Colin has not spent.
D)only as much as Colin has spent.
Q3) Rescission is the substitution of one party to a contract for a third party,who agrees to assume the contractual duties.
A)True
B)False
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11
Chapter 10: Defenses to Contract Enforceability
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Sample Questions
Q1) An innocent party may seek damages for a fraudulent contract.
A)True
B)False
Q2) Waterfront Hotels Corporation in Boston offers a job to Carol,who lives in Denver.Carol orally agrees to work for Waterfront for two years.She moves her family to Boston and begins work.Three months later,she is fired for no stated cause.She files a suit against the employer for reinstatement or pay.Waterfront pleads the lack of a written contract.In whose favor is the court likely to rule,and why?
Q3) Oral evidence of otherwise clear terms in a contract can be introduced at a trial to contradict those terms.
A)True
B)False
Q4) Oral evidence of the modification of a contract after its making can be introduced at a trial.
A)True
B)False
Q5) All mistakes of fact are material.
A)True
B)False
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Chapter 11: Third Party Rights and Discharge
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Sample Questions
Q1) Superb Construction,Inc. ,contracts to build a store for Tasty Confection Company,with Tasty's payment due on June 1.On June 1,Tasty's bank is closed,and for this reason,Tasty claims it cannot pay Superb on time.In this situation
A)Tasty's bank is in breach of contract.
B)Tasty is in breach of contract.
C)the contract is discharged.
D)the contract is suspended.
Q2) A condition subsequent terminates a party's promise to perform.
A)True
B)False
Q3) Super Toolmakers,Inc. ,contracts to sell its business to True Hardware Corporation.Before either party has performed,rescission of this contract requires A)a mutual agreement to rescind.
B)consideration.
C)performance by all of the parties.
D)an accord and satisfaction.
Q4) Contracts that are executory on both sides can be rescinded by agreement.
A)True
B)False
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Chapter 12: Breach and Remedies
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Sample Questions
Q1) A party seeking to recover in quasi contract must show that he or she acted without reasonably expecting to be paid.
A)True
B)False
Q2) Pure Oil Company enters into a contract with QuikBilt,Inc. ,to construct an oil pipeline to withstand specific conditions.If QuikBilt fails to meet this standard,which is construed as a breach of contract and a breach of a duty of care,Pure might be awarded punitive damages to
A)establish,as a matter of principle,that QuikBilt acted wrongfully.
B)provide Pure with funds for a foreseeable loss beyond the contract.
C)provide Pure with funds for its loss of the bargain.
D)punish QuikBilt and deter others from similar acts.
Q3) The measure of damages for the breach of a contract for a sale of land depends on which party breaches and when.
A)True
B)False
Q4) The duty owed under the mitigation of damages doctrine depends on the situation.
A)True
B)False
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Chapter 13: The Formation of Sales and Lease Contracts
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Sample Questions
Q1) A bill of lading serves as a contract for the transportation of goods.
A)True
B)False
Q2) A seller with void title can transfer good title to a good faith purchaser for value.
A)True
B)False
Q3) A contract between parties residing in different countries is subject to United Nations Convention on Contracts for the International Sale of Goods.
A)True
B)False
Q4) On behalf of Premier Shipbuilding Corporation (PSC),Rita orders 1,000 cases of 1/4-inch nuts from Steel Parts Company's 10,000-case lot.Steel Parts separates 1,000 cases from the lot.Title and risk of loss
A)remain with Steel Parts until PSC acknowledges tender of delivery.
B)remain with Steel Parts until PSC accepts 1,000 cases.
C)shift to PSC after it accepts the nuts and inspects them for defects.
D)shift to PSC when Steel Parts separates the cases.
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Chapter 14: Performance Breach of Sales Lease Contracts
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Sample Questions
Q1) In contracts involving a carrier,a seller can complete performance only through a shipment contract.
A)True
B)False
Q2) Tender must occur at a reasonable hour and in a reasonable manner.
A)True
B)False
Q3) Timber Mills Corporation and Ur-Choice Lumberyards enter into a contract for a sale of plywood.Under a destination contract,the seller must
A)allow the buyer to reject the goods for any reason.
B)deliver the goods to a particular destination.
C)inspect the goods before tendering their delivery.
D)place the goods into the hands of a carrier.
Q4) Under the UCC,a seller's tender of goods that do not conform in every way to a contract is not a valid tender.
A)True
B)False
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Chapter 15: Warranties and Product Liability
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Sample Questions
Q1) Safe-Rite Company makes electrical cords and other connectors for electronic devices.Tina files a product liability suit against Safe-Rite,alleging a warning defect.Under the Restatement (Third)of Torts: Products Liability,in deciding whether to hold Safe-Rite liable,the court may consider
A)neither the characteristics of expected users nor the content of any warning.
B)only the characteristics of expected users.
C)only the content of any warning.
D)the characteristics of expected users and the content of any warning.
Q2) An expression of opinion by a seller will not usually create a warranty.
A)True
B)False
Q3) A contract can contain both a warranty of merchantability and a warranty of fitness for a particular purpose.
A)True
B)False
Q4) A seller must use words such as "warrant" to make an express warranty.
A)True
B)False
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Chapter 16: Negotiability,transferability,and Liability
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Sample Questions
Q1) A holder takes an instrument for value by performing the promise for which the instrument was issued.
A)True
B)False
Q2) When an instrument has a forged indorsement,the loss usually falls on the first party to take the instrument.
A)True
B)False
Q3) Ollie negotiates an order instrument to Phil by
A)assignment of its rights under a contract.
B)delivery with any necessary indorsement.
C)making an unconditional promise to pay.
D)presenting it in response to a demand by B.
Q4) Pola wants to transfer a check to Quin.The check is defective if it
A)has been previously dishonored.
B)has no irregularities on its face.
C)is not overdue.
D)is so complete that no element of negotiability is lacking.
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18
Chapter 17: Checks and Banking in the Digital Age
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Sample Questions
Q1) On Monday,Eve deposits in her account at Fiscal Bank a local check for $500.After 5:00 p.m.on Friday,from these funds,Eve can withdraw no more than
A)$100.
B)$400.
C)$500.
D)$600.
Q2) 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.
Q3) Dan writes a check to Emma on his account at First State Bank.The bank dishonors the check even though Dan has sufficient funds in his account.The bank is A)liable to Dan only.
B)liable to Dan and Emma.
C)liable to Emma only.
D)not liable to Dan or Emma.
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Page 19
Chapter 18: Security Interests in Personal Property
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Sample Questions
Q1) Region Bank wants to perfect its security interest in timber owned by Superior Lumber,Inc.Most likely,a financing statement should be filed with A)the local chamber of commerce.
B)the county clerk.
C)the federal loan officer.
D)the secretary of state's office.
Q2) When a secured debt is paid,the secured party must file a termination statement regardless of the goods' classification.
A)True
B)False
Q3) Refer to Fact Pattern 18-1.A car in Fine's possession is probably A)a consumer good.
B)an accession.
C)equipment.
D)inventory.
Q4) On default,unless the security agreement states otherwise,the secured party has the right to repossess collateral.
A)True
B)False
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Chapter 19: Creditors Rights and Bankruptcy
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Q1) Liu and Midge-Nero's creditors-contract with Nero for the discharge of Nero's liquidated debts on payment of a lesser sum.This is
A)a composition agreement.
B)a subrogation.
C)a suretyship agreement.
D)in violation of most states' laws.
Q2) Certain debtors may not qualify to have all debts discharged in bankruptcy.
A)True
B)False
Q3) Each state permits a debtor to retain the family home,in its entirety or in part,free from the claims of unsecured creditors.
A)True
B)False
Q4) Personal property that is most often exempt from satisfaction of judgment debts does not include livestock.
A)True
B)False
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21
Chapter 20: Mortgages Foreclosures After the Recession
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Sample Questions
Q1) Duran applies to EZ Credit Mortgage Company for $100,000 to buy a home.EZ Credit steers Duran toward an adjustable-rate mortgage even though he qualifies for a fixed-rate mortgage.This is
A)a short sale.
B) a subprime mortgage.
C)loan flipping.
D)steering and targeting.
Q2) When an owner is unable to make mortgage payments,a lender may agree to a short sale.
A)True
B)False
Q3) Agnes borrows $110,000 from Bay Harbor Bank to buy a home under a mortgage with an acceleration clause.After eighteen payments,Agnes stops making payments on the mortgage.Bay Harbor
A)can foreclose once on the entire amount of the loan.
B)may seek only the amount of the missed payments,not the entire loan.
C)must foreclose on small amounts over time as each payment comes due.
D must notify Agnes to accelerate the steps to cure the default.
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Chapter 21: Agency Relationships
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Q1) Lather Up Soap Products Company grants its agent Kathy an exclusive territory in which to sell Lather Up products.The firm cannot compete with Kathy in that territory under the principal's duty of A)avoidance.
B)cooperation.
C)indemnification.
D)reimbursement.
Q2) A fiduciary relationship involves trust and confidence. A)True
B)False
Q3) Delite Candy Company hires Elton to sell Delite's products in a certain area.Delite agrees to pay Elton a salary,plus commission,for a trial period.They also agree that Elton can sell using any methods and during any hours that seem appropriate.The key factor in whether Elton is Delite's employee is
A)the amount of Elton's salary.
B)the control Delite has over the details of the work.
C)the length of the trial period.
D)the title that designates Elton's position.
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Chapter 21: Management Perspective:
Independent-Contractor Negligence
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Q1) Gass Propane Company hires Hick,an independent contractor,to make deliveries.During a delivery,Iggy is killed in an accident caused by Hick's negligence.Iggy's widow Jade files a suit against Gass,asserting that the employer is liable.Gass argues that it had no control over the manner in which Hick did his work.The court is most likely to hold that Gass is
A)liable because Gass employed Hick.
B)liable because Gass should have investigated Hick's qualifications.
C)not liable because Gass did not control Hick's work.
D)not liable because the delivery vehicle was probably faulty.
Q2) Pharma Meds Corporation employs Ogilvie under an employment contract that sets out a specific amount of money to be paid for certain results over a stated period of time.During the term of the contract,it becomes clear that the results are not likely to be attained.Pharma then gives Ogilvie the option of accepting a lesser position with fewer duties for less money.Ogilvie accepts via e-mail,but soon files a suit against Pharma for breach of the original contract.The court is most likely to rule that Ogilvie's e-mail
A)showed only an agreement to agree.
B)accepted the proposed modification of the employment contract.
C)constituted a non-binding,non-contractual communication.
D)contained an acceptance but is unenforceable because it is electronic.
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Chapter 22: Employment, immigration, and Labor Law
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Q1) A closed shop is a firm that rejects union membership as a condition of employment.
A)True
B)False
Q2) The Civil Rights Act of 1964 does not prohibit job discrimination at all stages of employment.
A)True
B)False
Q3) Frida is an employee of Green Recycled Products Company.A state statute protects Frida from Green's retaliation if Frida reports to state officials,or others,that Green is involved in unsafe or illegal activity.With respect to the employment-at-will doctrine,this is
A)an example of the doctrine.
B)an exception based on contract theory.
C)an exception based on public policy.
D)an exception based on tort theory.
Q4) An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.
A)True
B)False
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Chapter 23: Sole Proprietorships, partnerships, Limited Liability Co
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Q1) Clu,Dolf,and Elton do business as Fertile Valley Farm.Clu's relationship to the firm ends,but it continues to do business.This is
A)dissociation.
B)dissolution.
C)winding up.
D)wrongful.
Q2) Hud and Iggy form Jerry-Bilt Construction to enter into a contract to build one bridge.Under their partnership agreement,Jerry-Bilt is to dissolve when the bridge is built.Iggy signs a contract for the firm to build a second bridge.Jerry-Bilt
A)dissolves as soon as the first bridge is built.
B)dissolves as soon as the second bridge is built.
C)dissolves immediately on Iggy's signing of the second contract.
D)does not dissolve.
Q3) When a member dissociates from a limited liability company,the member's duty of loyalty continues.
A)True
B)False
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Page 26
Chapter 24: Corporate Formation, financing, and Termination
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Q1) The state can bring an action to dissolve a corporation that has failed to pay its annual taxes.
A)True
B)False
Q2) Common stock provides a proportionate interest in the corporation with regard to net assets.
A)True
B)False
Q3) A short-form merger is the legal combination of two or more corporations online.
A)True
B)False
Q4) A merger involves the legal combination of two or more corporations,only one of which continues to exist.
A)True
B)False
Q5) Stocks represent the borrowing of funds by firms.
A)True
B)False
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Chapter 25: Corporate Directors, officers, Shareholders
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Q1) A director usually serves on a corporation's board for a life term.
A)True
B)False
Q2) Coast-to-Coast Distribution,Inc. ,is a direct-mail distribution company.Like most corporations,Coast-to-Coast's employees include its A)board of directors.
B)incorporators.
C)officers.
D)shareholders.
Q3) Thor Power Products Corporation permits its directors to be elected by cumulative voting.This
A)allows minority shareholders to be represented on the board.
B)assures directors that they will be selected by their peers.
C)guarantees Thor's executive officers of the final choice.
D)ensures against persons who may "cloud" the corporate direction.
Q4) To vote their shares,shareholders must attend a meeting and vote in person.
A)True
B)False
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Chapter 26: Investor Protection, insider Trading, Corp Gov
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Q1) Refer to Fact Pattern 26-3.Under the Securities Exchange Act of 1934,Hu is most likely A)liable for insider trading.
B)not liable because Hu is only a tippee,not a tipper.
C)not liable because Hu is too far down the chain of disclosure.
D)not liable because Hu traded on the basis of a true fact.
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) RingTone Corporation is a public company whose securities are traded among investors.Under the Securities Act of 1933,a security is A)almost any stake in the ownership or debt of a company.
B)an investment that is guaranteed to make a profit.
C)only such common forms of debt and equity as bonds and stocks.
D)whatever a company represents to the public as a security.
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Chapter 27: Personal Property and Bailments
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Q1) Before undergoing surgery that could cause death,Donnelly,a guitarist,gives his of guitars to Cathy.The surgery is successful,and Donnelly does not die.The gift of the guitars is
A)not revoked because it was a gift causa mortis.
B)not revoked because it was a gift inter vivos.
C)revoked because it was a gift causa mortis.
D)not revoked because it was a gift largesse.
Q2) A finder acquires title to lost property good against the whole world,except the original owner.
A)True
B)False
Q3) John steals an old,battered bicycle that is parked,unlocked,in front of a convenience store.He repairs,paints,and replaces parts on the bike until it is like new.The original owner,Kim,claims the bike.The bike belongs to
A)John and Kim as tenants in common.
B)John because he made substantial improvements to it.
C)John because Kim claimed it only after John improved it.
D)Kim because John stole it.
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Page 30
Chapter 28: Real Property and Landlord-Tenant Law
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Sample Questions
Q1) Rural Holding Company (RHC)possesses farmland.RHC has the right to use the property,including harvesting the crops,for ten years.RHC does not have the right to extract the coal under the land.This is
A)a fee simple absolute.
B)a leasehold estate.
C)a life estate.
D)an easement.
Q2) An item cannot be a fixture unless it is physically attached to the land.
A)True
B)False
Q3) Chita owns the land on which Downwind Farm is situated,plus the farmhouse,barn,and other structures permanently attached to the land.Chita's brother Elvin owns everything else on the farm-implements,seed,and so on.The real property is owned by
A)Chita and Elvin.
B)Chita only.
C)Downwind Farm.
D)Elvin only.
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Chapter 29: Insurance, wills, and Trusts
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Q1) Philomena dies without a will.A court appoints Quigley to handle the probate of Philomena's estate.The administrator of the estate is
A)Philomena's closest blood relative.
B)Philomena.
C)Quigley.
D)the court.
Q2) A constructive trust is "constructed" by a property owner to fulfill certain unique functions outside the usual bounds of a trust.
A)True
B)False
Q3) Rolling Transport & Storage Corporation wants to insure its warehouse to obtain the maximum possible recovery for the lowest possible premium.To obtain the maximum recovery under a coinsurance clause,the percentage of the value of the property that should be insured is
A)80 percent.
B)90 percent.
C)100 percent.
D)120 percent.
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Chapter 30: Liability of Accountants Other Professionals
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Q1) A qualified opinion must be specific and identify the reason for the qualification.
A)True
B)False
Q2) Lulu,an accountant,conducts an audit of Microstuff Toys,Inc.After the conclusion of the audit,the working papers created in preparing the audit must be A)disposed of immediately.
B)kept until the Public Company Accounting Oversight Board's review.
C)maintained for seven years.
D)retained forever.
Q3) Rex,an accountant,enters into a contract to provide services to Sofi.Rex does not finish the work within the contract's deadline.Sofi pays a penalty as a result of the missed deadline and hires Trey to complete the job.Rex is most likely liable for A)nothing.
B)Sofi's penalty and the cost to hire Trey.
C)Sofi's penalty only.
D)the cost to hire Trey only.
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Chapter 31: International Law in a Global Economy
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Q1) Secure Investments,Inc. ,a U.S.firm,expands into international markets through a joint venture.In this situation,Secure owns
A)all of the operation,and its profits and liabilities.
B)all of the operation,and none of its profits and liabilities.
C)none of the operation,and none of its profits and liabilities.
D)part of the operation,and shares its profits and liabilities.
Q2) The United States taxes each barrel of imported oil at a flat rate.This is A)an antidumping duty.
B)a dumping duty.
C)a quota.
D)a tariff.
Q3) Premier Clothing,Inc. ,a U.S.firm,obtains a judgment in a U.S.court against Quang Tri,Ltd. ,a Vietnamese business.Whether the court's judgment will be enforced by a court in Vietnam depends on the Vietnamese court's application of A)the act of state doctrine.
B)the doctrine of sovereign immunity.
C)the principle of comity.
D)the World Trade Organization.
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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) Congress intends to enact a law to criminalize the distribution of illegal child pornography on the Internet.Most likely to be held constitutional is a statute that prohibits
A)offers to provide,and requests to obtain,child pornography.
B)the possession of virtual child pornography.
C)the possession of real and virtual child pornography.
D)a substantial amount of protected speech-especially pornography.
Q2) Federal law requires new car labels to state fuel economy estimates.California state law proscribes deceptive advertising.Chad buys a new car from Drive-Away Sales in California.Later,Chad 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 dissent in Paduano v.American Honda Motor Co. ,the court should hold that
A)the federal law does not preempt Chad's state law claim.
B)the federal law preempts Chad's state law claim.
C)California's state law preempts the federal fuel economy law.
D)the federal and state laws preempt each other.
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Source URL: https://quizplus.com/quiz/73909
Sample Questions
Q1) One night,Izzy discovers Joe,an intruder,in Izzy's Kwik Spot convenience store after the store is closed.Izzy shoots and kills Joe.With respect to criminal prosecution for this use of deadly force,in a state that has a stand-your-ground law,Izzy
A)is presumed innocent or may be exempt from prosecution.
B)must prove that he first told Joe to "Stop!" or "Stand your ground!"
C)must prove that he first tried to retreat or that his life was in danger.
D)must prove that Joe did not try to retreat or acted without regard for his own life.
Q2) Nina,a high school teacher,requires Milo and her other students to submit their assignments to a plagiarism service to be compared to the contents of an online database of scholarly works.The assignments are also archived in the database.A federal court is most likely to find that this
A)infringes the studnets' copyright interests.
B)qualifies as "fair use" and does not infringe the students' copyrights.
C)falls under the definition of "loss" in the Computer Fraud and Abuse Act.
D)fits within the "damages" clause of the Virginia Computer Crimes Act.
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36
Chapter 35: Management Perspective: E-Mailed
Credit-Card Receipts
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Q1) The Fair and Accurate Credit Transactions Act of 2003 prohibits merchants from priniting more than the last five digits of a credit card number or the expiration date on any receipt provided to the cardholder at the point of sale.According to recent court decisions,this requirement applies to
A)e-mailed receipts only.
B)paper receipts and paperless receipts of all kinds.
C)paper receipts only.
D)Web page screen shots and paper receipts only.
Q2) 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.
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Chapter 34: Case Study With Dissenting Opinion: Prestridge
V Bank of Jena
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Q1) 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.
Q2) 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.
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38
Chapter
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) According to the dissent in Casserlie v.Shell Oil Co. ,an inquiry into a seller's motive in setting prices is necessary to determine if the seller 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.
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Page 39
The Debt That Never Goes Awayits Discharged in Bankruptcy but Still on the Debtors Credit Report
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Q1) 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.
Q2) 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.
Q3) Dale's debts are discharged in a liquidation bankruptcy.With respect to Dale's prebankruptcy debt,Even Stevens Credit Reporting Agency must automatically report A)nothing.
B)the debt as "discharged," except the nondischargeable debt.
C)the debt as "discharged," including the nondischargeable debt.
D)the debt as "unpaid."
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Q1) In the facts of the previous question,under the dissent's reasoning in Notz v.Everett Smith Group,Ltd. ,,a minority BC shareholder could bring
A)a claim against Typhoon's former directors.
B)a direct claim against SBI's majority shareholders. C)a shareholder's derivative suit against Rewind.
D)no claim.
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,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.
Q2) 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.
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Chapter 40: Unit Case Study With Dissenting Opinion: Dole
Food Co V Patrickson
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Q1) In the facts of the previous question,according to the reasoning of the dissent in Dole Food Co.v.Patrickson,parties who would be potentially subject to suit in U.S.courts would include
A)Amigos and Bueno.
B)neither Amigos nor Bueno.
C)only Amigos.
D)only Bueno.
Q2) 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.
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