Business Ethics and Law
Pre-Test Questions
Course Introduction
Business Ethics and Law explores the intersection of ethical principles and legal frameworks within the context of modern business operations. This course examines fundamental ethical theories, decision-making models, and the role of corporate social responsibility, alongside core aspects of business law such as contracts, regulatory compliance, and consumer protection. Students will analyze real-world case studies to understand how businesses navigate legal obligations while upholding ethical standards, and will develop skills to identify, evaluate, and manage ethical dilemmas in professional settings.
Recommended Textbook
Business Law 17th Edition by Arlen W Langvardt
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Page 2
Chapter 1: The Nature of Law
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Q1) The doctrine of standing to sue implies that:
A)the lawsuit must benefit the public in general.
B)the plaintiff has a substantial stake in the litigation.
C)cases must be genuine controversies.
D)courts must not issue any advisory opinions in cases.
Answer: B
Q2) Which of the following is not a function of the law discussed in the text?
A)Peacekeeping
B)Protecting the environment
C)Checking government power and promoting personal freedom
D)Promoting societal norms
Answer: D
Q3) Which of the following allows courts to help parties determine their rights and duties even though neither may yet have been harmed,so long as there is a real case or controversy between them?
A)No liability outside privity of contract rule
B)Ejusdem generis
C)A declaratory judgment statute
D)Public law
Answer: C
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Chapter 2: The Resolution of Private Disputes
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Q1) Generally,forum selection clauses in form agreements are unenforceable.
A)True
B)False
Answer: False
Q2) Malcolm has brought a lawsuit against Will.Malcolm feels that there is no genuine issue of material fact in dispute and that he is entitled to win this case as a matter of law.What legal procedure would allow Malcolm to win this case as quickly as possible?
A)Discovery
B)Voir dire
C)Jury trial
D)Summary judgment
Answer: D
Q3) ________ jurisdiction exists when the case arises under the Constitution,laws,or treaties of the United States.
A)Original
B)Federal question
C)Diversity
D)Exclusive
Answer: B
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Page 4
Chapter 3: Business and the Constitution
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Q1) The "ends" component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right.
A)True
B)False
Answer: True
Q2) The constitutional right of privacy includes various rights that the Supreme Court has declared as fundamental for citizens and families.
A)True
B)False
Answer: True
Q3) Which of the following is true of noncommercial speech?
A)It does not cover political speech.
B)Books,musical works,and journal articles are classified as noncommercial speech,but are not fully protected due to the existence of an underlying profit motive.
C)It receives the full benefit of the First Amendment protection.
D)Any kind of corporate speech is classified as noncommercial speech.
Answer: C
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Chapter 4: Business Ethics, Corporate Social Responsibility,
Corporate Governance, and Critical Thinking
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Q1) Which of the following critical thinking errors is likely to occur among the subordinates if a leader is unethical?
A)False analogy
B)Bandwagon fallacy
C)False cause
D)Gambler's fallacy
Q2) "What would happen if everyone acted in this way?" is a question that Kant would ask.
A)True
B)False
Q3) Utilitarianism is based on the laissez faire theory of capitalism.
A)True
B)False
Q4) Which of the following is also called the slippery slope fallacy?
A)Gambler's fallacy
B)Reductio ad absurdum
C)Sunk cost fallacy
D)Argumentum ad hominem
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Q5) What three things are seen in the corporate scandals of 2002,such as Enron and WorldCom?
Chapter 5: Criminal Law and Procedure
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Q1) At a preliminary hearing,the prosecutor must prove his case by the "beyond a reasonable doubt" standard.
A)True
B)False
Q2) Which of the following results when punishment of a wrongdoer deters others from committing similar offenses?
A)Special deterrence
B)Recidivism
C)General deterrence
D)Retribution
Q3) As demonstrated in Sekhar v.United States,the case in the text,courts carefully scrutinize,and narrowly construe criminal statutes in an effort to:
A)make certain whether a defendant's acts were prohibited by the legislature.
B)understand why the legislature banned certain acts.
C)determine the proper sentence.
D)rewrite the statutes for clarity.
Q4) The U.S.Constitution allows ex post facto criminal laws.
A)True
B)False
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Chapter 6: Intentional Torts
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Q1) Ken,a car mechanic,agreed to repair the bumper of Anne's car after it was destroyed in a fender-bender.Ken and Anne have been friends for a number of years.When Ken finishes the repair,he calls Anne to let her know her car is ready to be picked up and to ask her out on a date.Anne is excited that her car is finished but politely declines Ken's date invitation.Ken is upset and refuses to return Anne's car.If Anne sues Ken,he may be liable for:
A)trespass to chattels.
B)trespass to personal property.
C)conversion.
D)theft.
Q2) Which of the following individuals can recover damages for proven actual injury,but not presumed or punitive damages,by proving only fault?
A)A public official plaintiff involved in a subject of public concern
B)A public figure plaintiff involved in a subject of private concern
C)A private figure plaintiff involved in a subject of public concern
D)A private figure plaintiff involved in a subject of private concern
Q3) Nuisance involves the physical invasion of another's property.
A)True
B)False
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Page 8
Chapter 7: Negligence and Strict Liability
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Q1) Troika Corp.owns an apartment complex at which break-ins and prior instances of criminal activity had occurred.However,no security-related measures have been adopted.As a result,a criminal intruder easily enters the complex and physically attacks a tenant.Which of the following is true?
A)Troika has no liability for breach of duty.
B)Troika is liable only for actual cause.
C)Troika is liable only for proximate cause.
D)Troika is liable for proximate and actual cause.
Q2) What is the term to describe a plaintiff's failure to exercise reasonable care for her own safety?
A)Premises liability
B)Strict liability
C)Contributory negligence
D)Assumption of risk
Q3) Contributory negligence is an individual's failure to take care for her/his own safety.
A)True
B)False
Q4) What are the strategies followed by the tort reform movement?
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Chapter 8: Intellectual Property and Unfair Competition
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Q1) A trademark owner who wins an infringement suit may obtain a(n)________ against uses of the mark that are likely to cause confusion.
A)license
B)assignment
C)injunction
D)writ
Q2) Patent infringement may occur even if the defendant's use did not involve a literal reproduction of the patented item.
A)True
B)False
Q3) Which of the following would have an argument for being exempt from using materials that were copyrighted?
A)A business owner attempting to make money off the materials
B)A news organization transmitting information to the public
C)A consumer attempting to avoid paying for the materials
D)An author who copies the materials to make money without permission
Q4) Copyrights and patents cannot last forever and only have limited legal lengths.
A)True
B)False
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Chapter 9: Introduction to Contracts
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Q1) To qualify as a contract,a set of promises must be based on a voluntary agreement,which is made up of an offer and a(n)________ of that offer.
A)understanding
B)writing
C)assumption
D)acceptance
Q2) A(n)________ is a proposal by one person to another that is intended to create legal relations on acceptance by the person to whom it is made.
A)negotiation
B)offer
C)settlement
D)agreement
Q3) Pratt,an owner of an appliance store,has a garage sale at his home where he sells old furniture and books.He sells a set of books to his neighbor,Stacey.Pratt is considered a merchant under Article 2 of the UCC in selling the books to Stacey.
A)True
B)False
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Chapter 10: The Agreement: Offer
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Q1) Sellers at auctions are generally treated as makers of an invitation to offer.
A)True
B)False
Q2) A firm offer differs from an option in that,a firm offer:
A)is a separate contract by itself.
B)is irrevocable for a certain period of time.
C)does not require consideration in exchange for the offer.
D)is not covered under the UCC.
Q3) An advertisement offering a reward for the return of lost property is usually treated as an offer for a unilateral contract.
A)True
B)False
Q4) An offer is the first step in the contract formation process.
A)True
B)False
Q5) To determine whether a proposal qualifies as an offer,courts first look at:
A)the communication to the offeree.
B)the definiteness of terms.
C)the present intent to contract.
D)a description of the parties involved.
Page 12
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Chapter 11: The Agreement: Acceptance
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Q1) Under the mailbox rule,the acceptance of an offer is effective at the time the acceptance is dispatched unless:
A)both the offeror and offeree are merchants.
B)the offer proposes a sale of real estate.
C)the acceptance is not in the authorized mode of communication.
D)the acceptance is lost or never reaches the offeror.
Q2) What can an offeror do to minimize the risk posed by the mailbox rule?
A)Include separate additional terms
B)Include a receipt stipulation in the contract
C)Select only known parties as original offerees
D)Revoke the offer before acceptance
Q3) In general,the mailbox rule is beneficial to:
A)the offeror.
B)the offeree.
C)the courts.
D)third-party beneficiaries.
Q4) The UCC states that a properly dispatched acceptance sent by any reasonable means of communication within a reasonable time is effective on dispatch.What does the UCC mean by "reasonable" here?
Q5) Why is an offeree's silence not considered to be acceptance of an offer?
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Chapter 12: Consideration
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Q1) When a promise does not bind the promisee to do or refrain from doing anything,the promise is:
A)enforceable.
B)voidable.
C)terminated.
D)illusory.
Q2) To satisfy the consideration requirement to form a contract,the consideration exchanged by the parties must:
A)have a monetary value.
B)conform to the parties' subjective intent.
C)have legal value.
D)have approximately the same value.
Q3) Joe and Jack have a written contract whereby Joe agrees to sell Jack a plot of land for $100,000.Later,without terminating the first contract,the parties modify the deal so that Joe sells Jack the same plot of land for $125,000.The second agreement is not a contract because:
A)the first contract was not terminated.
B)there is no consideration for Jack's promise.
C)Joe's promise is illusory.
D)written contracts for the sale of land cannot be modified.
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Chapter 13: Reality of Consent
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Q1) Which of the following is most likely to constitute undue influence?
A)A firm demanding more in terms of pricing by withholding essential supplies.
B)A clergyman using a parishioner's emotional susceptibility to get the parishioner to contract with the clergyman.
C)Threatening to commence a frivolous criminal prosecution against someone,in order to get him or her to contract with you.
D)Grabbing someone's hand and forcing him or her to sign on a contract you have prepared.
Q2) A(n)________ misrepresentation is not intentionally deceptive.
A)harmless
B)innocent
C)unintentional
D)fraudulent
Q3) Give two reasons why the differences between fraud and misrepresentation are relevant.
Q4) Duress involves threats and coercion while undue influence involves persuasion to susceptible individuals.
A)True
B)False
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Chapter 14: Capacity to Contract
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Q1) Which of the following would a court not likely consider when determining whether a given item is considered a necessary for a minor?
A)Age
B)Marital status
C)Family history
D)Station in life
Q2) A person younger than the legal age of majority is generally held to lack capacity to enter a contract,even if he is married and employed full time.
A)True
B)False
Q3) Which of the following characterizes the traditional rule regarding a minor who misrepresents his/her age?
A)He/she can be prosecuted for such an offense.
B)An adult can file a tort of deceit against such a minor.
C)An adult can seek compensation for any losses caused by such a minor.
D)A minor's right to disaffirm is valid in such a case.
Q4) A minor can disaffirm agreements to support their children.
A)True
B)False
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Chapter 15: Illegality
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Q1) Generally,statutes that require proof of character and skill and impose penalties for violation are considered to be ________ in nature.
A)remedial
B)revenue-raising
C)regulatory
D)enabling
Q2) In technical legal terms,a party not equally in the wrong is said to be not in ________.
A)res ipsa loquitur
B)ab initio
C)pari delicto
D)ad idem
Q3) Jerry and Louise contract for Jerry to sell Louise his farm for $300,000.As part of the deal,Jerry throws in a pound of marijuana seeds,for which Louise is to pay an extra $1,000.Louise's plan is to use the seeds to grow a marijuana crop.Is the whole contract or any part of the contract enforceable? Assume that both the sale of marijuana seeds and the cultivation of a marijuana crop are illegal.
Q4) What is an exculpatory clause?
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Page 17
Chapter 16: Writing
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Q1) If the parties make an agreement that is partially printed and partially handwritten,the handwritten provisions prevail over the printed provisions when they conflict.
A)True
B)False
Q2) Once a court has decided what promises are included in the contract,the court is faced with interpreting the contract.The court will first attempt to determine:
A)the parties' principal objective.
B)whether the parties intended to use the words they used.
C)whether proper consideration was given.
D)the parties' individual positions.
Q3) The statute of frauds was created in 1677 in which country?
A)United States of America
B)Germany
C)England
D)Russia
Q4) The statute of frauds applies exclusively to executory contracts.
A)True
B)False
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Chapter 17: Rights of Third Parties
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Q1) Which of the following characterizes assignability?
A)An assignment is ineffective if it occurs in the present.
B)Assignment is ineffective in the case of land rights.
C)Assignment is ineffective when contrary to public policy.
D)Assignment is mostly effective in the case of wage earners.
Q2) What is the purpose of vesting?
Q3) Deborah owes a debt to Casey.Sean contracts with Deborah to pay her debt to Casey.Casey is a creditor beneficiary of the contract between Sean and Deborah.
A)True
B)False
Q4) A third party who is unable to establish that the contract was made with the intent to benefit her is called a(n):
A)donee beneficiary.
B)incidental beneficiary.
C)promisee.
D)creditor beneficiary.
Q5) A donee beneficiary of a contract can recover under that contract. A)True
B)False
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Chapter 18: Performance and Remedies
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Q1) Which of the following would not discharge a contract?
A)A party consents to an alteration of the contract
B)A party voluntarily waives any right he has under the contract
C)The time for bringing a lawsuit has exceeded the time prescribed in the statute of limitations
D)A party's debts are discharged by a decree of bankruptcy
Q2) Price signed a contract to sell Wyatt a parcel of land for $90,000.The entire sales price was payable at the closing.Price decided to keep the land.If Wyatt commences an action against Price,what relief is Wyatt most likely to receive?
A)Specific performance
B)Compensatory damages and specific performance
C)Punitive damages
D)Compensatory damages and punitive damages
Q3) An uncertain future event,the occurrence of which is necessary for the existence of a contractual obligation is called:
A)a condition precedent
B)a condition subsequent
C)a concurrent condition
D)a constructive condition
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Page 20
Chapter 19: Formation and Terms of Sales Contracts
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Q1) Article 2 of the UCC mandates that the parties to a sales contract state in specific and unambiguous language the exact terms of the contract.Otherwise,courts will declare the contract unenforceable.
A)True
B)False
Q2) Which Article of the UCC specifically addresses and governs leases of goods?
A)Article 3
B)Article 2
C)Article 2A
D)Article 4
Q3) Pulse Corp.maintained a warehouse where it stored its manufactured goods.Pulse received an order from Star.Shortly after Pulse identified the goods to be shipped to Star and before moving them to the loading dock,a fire destroyed the warehouse and its contents.With respect to the goods,which of the following statements is correct?
A)Pulse has title but no insurable interest.
B)Star has title and an insurable interest.
C)Pulse has title and an insurable interest.
D)Star has title but no insurable interest.
Q4) What is the UCC approach to the risk of loss of goods during transportation?
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Chapter 20: Product Liability
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Q1) A disclaimer of the implied warranty of merchantability must be in writing to be enforceable.
A)True
B)False
Q2) Sellers of goods sometimes attempt to disclaim (avoid)their liability under warranties.Which type of warranty disclaimers must be written in order to be effective?
A)Disclaimers of industrywide liabilities.
B)Disclaimers of the warranty of fitness for a particular purpose.
C)Disclaimers of the warranty of the Magnuson-Moss Act.
D)Disclaimers of the warranty of strict liability.
Q3) Manufacturers who fail to inspect their products before being shipped can be liable for negligence.
A)True
B)False
Q4) A(n)________ is a clause attempting to block recovery of certain damages.
A)promissory estoppel
B)condition subsequent
C)implied warranty
D)remedy limitation
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Chapter 21: Performance of Sales Contracts
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Q1) Which of the following statements about the buyer's right of inspection is false?
A)Absent an agreement to the contrary,the buyer has the right to inspect the goods before paying for them.
B)If the buyer pays for the goods before inspecting them,he will not be deprived of remedies against the seller if the goods are nonconforming.
C)Even if the goods are nonconforming,the buyer cannot recover inspection costs from the seller.
D)If the goods conform to the contract,the buyer must pay the expenses of inspection.
Q2) Once a buyer has accepted goods,he cannot later reject them unless at the time they were accepted,the buyer had reason to believe that the nonconformity would be cured.
A)True
B)False
Q3) Explain the term usage of trade.What happens if there is a conflict between the express terms of the contract and trade usage?
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Chapter 22: Remedies for Breach of Sales Contracts
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Q1) Consequential damages do not include an injury to a person or property caused by a breach of warranty.
A)True
B)False
Q2) When deciding what to do with the unfinished goods after a buyer breaches a contract,the seller must follow a reasonable course of action to ________ her damages.
A)mitigate
B)realize
C)maximize
D)actualize
Q3) Even if the buyer has misrepresented his solvency to the seller in writing within three months before the delivery of the goods,the 10-day limitation on the seller's right to reclaim the goods still applies.
A)True
B)False
Q4) Explain the concept of a buyer's right to cover.
Q5) The buyer cannot recover any incidental damages.
A)True
B)False
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Chapter 23: Personal Property and Bailments
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Q1) Which of the following statements about ownership of a wild animal is false?
A)If a person fatally wounds a wild animal,he becomes the owner.
B)If a captured wild animal escapes and is caught by a second person,it still belongs to the first capturer,regardless of whether the second capturer was aware of prior ownership.
C)Wild animals caught in a trap or net are considered to be the property of the person who set the trap or net.
D)The first person to take possession of a wild animal normally becomes the owner.
Q2) A person who has leased personal property has ownership rights and can also subsequently sell the property to a third person.
A)True
B)False
Q3) In the case in the text,Weissman v.City of New York,the court held that the exculpatory clause:
A)was enforceable even though it was offered on a take-it-or-leave-it basis.
B)was enforceable because both parties were aware of its terms and agreed to it.
C)was too vague to shield a bailor from liability for its negligence.
D)was unenforceable because the court found it to be unconscionable.
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Chapter 24: Real Property
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Q1) In the case in the text,Ballard v.Dornic,the court held that:
A)Dornic did not limit his right to partition by a voluntary act.
B)a joint tenant voluntarily restricts his right to partition if he has not paid his share of expenses.
C)the parties expressed their intent not to partition.
D)the property could be physically divided without loss or injury to the parties.
Q2) Richard sells land to Jones but reserves the mineral rights to the property as well as an easement to enter the land to remove the minerals.Richard has acquired the easement by:
A)prescription.
B)grant.
C)reservation.
D)implication.
Q3) ________ are ownership interests of uncertain duration.
A)Nonfreehold estates
B)Leasehold estates
C)Freehold estates
D)Assignments
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26
Chapter 25: Landlord and Tenant
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Q1) Maggie,the tenant under a one-year lease of an apartment,assigned the lease to her friend,Cosmo.Which of the following is a legally accurate statement?
A)Maggie's assignment of the lease is the same thing as the granting of a sublease.
B)If Cosmo fails to pay rent during the year covered by the lease,Maggie will be liable for it.
C)The assignment extinguishes any further obligations Maggie may have under the lease.
D)Maggie's assignment is called a tenancy for a period.
Q2) Miranda leased an apartment,which had broken floorboards,from Gail.She invited her friend Claire for dinner one evening to the apartment;during the course of the evening,Claire slipped on the floorboards and broke her ankle.Which of the following is true of the case?
A)Claire cannot recover any monetary damages.
B)Claire cannot recover any damages for trauma.
C)Claire can recover damages only from Miranda.
D)Claire can recover damages from Gail.
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Chapter 26: Estates and Trusts
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Q1) If a person dies intestate,his real property will be distributed:
A)to the state in which the property is located.
B)to the state of the person's domicile.
C)according to the law of the state in which the property is located.
D)according to the law of the state of the person's domicile.
Q2) A third party who has a claim against a trust must file his claim against the:
A)settlor.
B)trustee.
C)executor.
D)beneficiaries.
Q3) A joint will:
A)can only have a single beneficiary.
B)is only valid if the testators are a married couple.
C)is a single instrument that constitutes the will of both or all of the testators.
D)cannot be changed once it is created.
Q4) To be valid,a holographic will must be typed.
A)True
B)False
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Chapter 27: Insurance Law
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Q1) Which of the following is true of the coinsurance feature of property insurance?
A)It prevents the insured from insuring for a minimal amount and recovering in full for such losses.
B)It precludes the insured from insuring for less than the coinsurance percentage.
C)It is an additional refinement of the insurable interest requirement.
D)It helps the insured to recover full damages for any loss.
Q2) Guy takes out a property insurance policy on his home,buying the policy from Ace Insurance.Guy's home was damaged when a contractor,building an addition to his neighbor's home,negligently swung a crane through Guy's dining room wall.Ace Insurance may force Guy to seek compensation from the contractor.
A)True
B)False
Q3) Under modern rules in all states,the insured's breach of warranty automatically relieves the insurer of the duty to perform,regardless of whether the breached warranty was actually material to the insurer's risk.
A)True
B)False
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Chapter 28: Introduction to Credit and Secured Transactions
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Q1) Payne borrowed $500 from Long Bank.At the time the loan was made to Payne,Gem orally agreed with Long that Gem would repay the loan if Payne failed to do so.Gem received no personal benefit as a result of the loan to Payne.Which of the following is most likely to be true,under the circumstances?
A)Gem must provide a collateral to Long.
B)Both Gem and Payne are primarily liable to repay the loan.
C)Gem is free from liability concerning the loan.
D)Payne must provide a lien to Gem for the amount of the debt.
Q2) A(n)________ is secondarily liable for the debt of the principal debtor.
A)surety
B)guarantor
C)beneficiary
D)executor
Q3) Because the real estate mortgage conveys an interest in real property,it must be executed with the same formality as a deed.
A)True
B)False
Q4) Explain the difference between an accommodation surety and a compensated surety.
Page 30
Q5) Who are party to a deed of trust?
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Chapter 29: Security Interests in Personal Property
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Q1) Revised Article 9 of the UCC,which governs secured transactions,has been adopted in how many states?
A)50 states
B)42 states
C)23 states
D)14 states
Q2) Which of the following statements about a creditor's right to repossess collateral is false?
A)The Code authorizes a creditor to repossess collateral when the debtor defaults.
B)The creditor can obtain the collateral through self-help if she can obtain possession peacefully.
C)If the collateral cannot be obtained without disturbing the peace,the creditor must go through the courts to repossess the collateral.
D)If the collateral is intangible,the secured party can get payments made to her,even if performance has not been rendered to the debtor.
Q3) What is the general priority rule established by the Uniform Commercial Code?
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Chapter 30: Bankruptcy
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Q1) ________ refers to the agreement between the debtors and the creditors wherein creditors put pressure on debtors to pay debts that have been discharged in bankruptcy.
A)Reaffirmation agreement
B)Discharge agreement
C)Blank endorsement
D)Buy-sell agreement
Q2) Under the Bankruptcy Code,a judge is allowed to reduce the debtor's unsecured consumer debt by what percentage?
A)20%
B)30%
C)50%
D)75%
Q3) In order to prevent debtors from misusing the provisions of the Bankruptcy Code,the scope of dismissal of a bankruptcy petition has been widened to a broader interpretation of abuse,and not just restricted to substantial abuse.
A)True
B)False
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32
Chapter 31: Negotiable Instruments
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Q1) Which of the following statements about commercial paper is false?
A)The law of commercial paper is covered in Article 2 of the UCC.
B)Commercial paper is a contract for the payment of money.
C)Commercial paper may serve as a substitute for money payable immediately.
D)Commercial paper can be used as a means of extending credit.
Q2) Which of the following statements does NOT affect an instrument's negotiability?
A)A draft that says: "Pay to the order of Sue Smith once she repairs my computer."
B)An instrument that says: "This confirms my $1,000 debt to Sue Smith."
C)A note that says: "Payment is conditional upon the terms of the mortgage between the parties dated June 1,2000."
D)A notes that says: "This note is secured by the property described in the parties' mortgage of June 1,2000."
Q3) A holder in due course of a negotiable instrument takes the instrument free of all defenses to the instrument except those that concern its:
A)validity.
B)reliability.
C)adaptability.
D)collectability.
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Chapter 32: Negotiation and Holder in Due Course
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Q1) When a holder makes a blank indorsement of a negotiable instrument that is bearer paper,what legal effect does this have?
A)There is no effect-bearer paper does not need to be indorsed.
B)The bearer negotiates it by transfer alone and no further indorsement is necessary for negotiation.
C)The instrument is no longer negotiable,as it has been altered.
D)The instrument is converted into order paper.
Q2) Indorsements that state a condition to the right of the indorsee to receive payment do not affect the right of the indorsee to enforce the instrument.
A)True
B)False
Q3) An indorsement is a signature of the holder typically on the back of a check.
A)True
B)False
Q4) A person who makes an executory promise in return for a negotiable instrument has given value for it.
A)True
B)False
Q5) What is the shelter rule in Article 3?
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Chapter 33: Liability of Parties
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Q1) Which of the following refers to a person who executes an instrument?
A)Drawer
B)Accommodation party
C)Maker
D)Holder
Q2) Maya Efrat,Chief Financial Officer for BAZ Inc. ,is authorized to sign checks for BAZ.She signs a check "BAZ Inc.by Efrat,Chief Financial Officer." Which of the following statements is most accurate?
A)Maya and not BAZ Inc.is liable on the check.
B)BAZ Inc.and not Maya is liable on the check.
C)Both BAZ Inc.and Maya are liable on the check.
D)Neither BAZ Inc.nor Maya are liable on the check.
Q3) Dick steals a computer belonging to Tom from his house.Then Dick represents himself as Tom and sells the computer to Lawrence.Here,Lawrence draws a check payable to Tom and delivers the check to Tom.Here,Tom is called the impostor.
A)True
B)False
Q4) How can an indorser avoid secondary liability on the instrument? Can an indorser disclaim transfer warranty liability?
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Chapter 34: Checks and Electronic Transfers
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Q1) A ________ is a request made by a customer of a drawee bank instructing it not to pay or certify a specific check.
A)cut-off request
B)canceled check
C)stop-payment order
D)void check
Q2) Which of the following is most true regarding checks with altered amounts?
A)The bank may not pay such checks as altered in all cases.
B)The bank may pay such checks as altered where the alteration is due to the customer's negligence and the alteration is not obvious.
C)The bank must pay such checks as originally drawn.
D)The bank cannot ever pay such checks.
Q3) ________ truncation refers to when the drawee bank keeps the original checks,in contrast to ________ truncation,where the payee keeps the original check.
A)Process;radical
B)Check;process
C)Check;radical
D)Radical;check
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Chapter 35: The Agency Relationship
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Q1) Termination of the agency relationship at the option of the agent is known as
A)revocation
B)renunciation
C)falsification
D)liquidation
Q2) An attorney acquires confidential information about a certain client.However,he discovers that this information is important for the affairs of a second client.In this situation,two duties are in conflict.What are these two conflicting duties? How does agency law resolve the conflict?
Q3) When an agent suffers losses in conducting the principal's business,the principal's obligation is to ________ the agent.
A)indemnify
B)renounce
C)reimburse
D)compensate
Q4) A subagent is an agent of an agent.
A)True
B)False
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Chapter 36: Third-Party Relations of the Principal and the Agent
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Q1) Briefly discuss the four tests courts use to determine if an employee's conduct was within his or her scope of employment.
Q2) Marcus is an agent for Leo and Marcus is authorized to buy a car for Leo.Marcus discloses to all car dealers that he is acting on Leo's behalf to buy the car.Leo is a(n)________.
A)Authorized principal
B)Express principal
C)Implied principal
D)Disclosed principal
Q3) Maple hired Birch to work as her taxi driver.After a long,hot summer day of city driving and dealing with other rude drivers,Max,another driver,cut Birch off and slightly dented Birch's taxicab.An enraged Birch pulled Max out of the car and hit him with a brick that was lying on the road.Max suffered serious and permanent injuries and wants to sue.Who is liable in this situation?
A)Maple,under the doctrine of direct liability.
B)Birch,since he was not in scope of employment.
C)Maple and Birch,since the principal and the agent are responsible for the agent's torts.
D)Max instigated the incident and hence will not be successful in the lawsuit.
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Chapter 37: Introduction to Forms of Business and Formation of Partnerships
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Q1) When a partnership is formed,partners contribute cash or other property to the partnership,this is called:
A)partnership property.
B)partnership liability.
C)partnership cash flow.
D)partnership capital.
Q2) A ________ is owned by shareholders who elect a board of directors to manage the business.
A)limited liability company
B)corporation
C)partnership
D)sole proprietorship
Q3) A mining partner's interest is not freely transferable.
A)True
B)False
Q4) The decision on what form of business to make a startup business is important because it will affect the business owner's liability and control of the business.
A)True
B)False
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Chapter 38: Operation of Partnerships and Related Forms
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Q1) Which of the following is not a requirement for a partner to personally profit from partnership transactions?
A)She must deal in good faith.
B)She must make a full disclosure of all material facts affecting the transaction.
C)She must disclose all facts to her knowledge regarding the transaction.
D)She must obtain approval from her partners.
Q2) Which of the following statements regarding lawsuits and limited liability partnerships is false?
A)Only the LLP is liable on a contractual obligation.
B)Only the LLP may be sued for a contractual obligation.
C)The LLP and the partner who committed the tort are liable.
D)Even LLP members who had no role in the commission of a tort have liability.
Q3) The standards and principles of agency law's respondeat superior are applied in determining the liability of the partnership and of the other partners for the torts of a partner and other partnership employees.
A)True
B)False
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Chapter 39: Partners Dissociation and Partnerships
Dissolution and Winding up
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Q1) Mr.Green enters into a partnership with IT Doctors LLP.Mr.Green's capital investment into the business is $10,000.Shortly after joining the new business,a client sues the IT Doctors LLP and wins a judgment of $750,000.How much is Mr.Green liable for?
A)$10,000
B)$100,000
C)$750,000
D)$0
Q2) What is the term for the orderly sale of the assets of the partnership as part of dissociation?
A)Winding up
B)Incorporation
C)Organizing
D)Foreclosure
Q3) Which of the following is true about a wrongfully dissociated partner?
A)He may perform the winding up.
B)He may demand the partnership be dissolved.
C)He is not entitled to the value of any of his partnership interest.
D)He is entitled to his share of the partnership interest,minus the damages he caused the partnership.
Page 41
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Partnerships, and Limited Liability Limited Partnerships
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Q1) A(n)________ is a form of business organization that has one or more general partners who manage the business and have unlimited liability for the obligations of the business and one or more limited partners who do not manage and have limited liability.
A)s corporation
B)limited liability company
C)limited partnership
D)limited liability limited partnership
Q2) Which of the following is not a characteristic of an LLC?
A)It may sue and be sued in its own name.
B)It must be taxed as a partnership.
C)It can buy,hold,and sell property.
D)It can make contracts and incur liabilities.
Q3) The owners of an LLC are called:
A)natural persons.
B)members.
C)partners.
D)managers.
Q4) Kallie and Lisa wish to start XYZ Limited Liability Company.What steps do they need to take in order to establish it?
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Chapter 41: History and Nature of Corporations
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Q1) Under the ________ Clause,the power to regulate interstate trade is given to the federal government.
A)Due Process
B)Corporate
C)Commerce
D)Doing Business
Q2) Which of the following is correct about the history of corporations?
A)In the late 18th century,general incorporation statutes emerged in the United States.
B)From the 18th century onward,France started giving privileges of incorporation to mercantile ventures.
C)Early American corporations received special privileges from state legislatures.
D)In England,the corporate form was used extensively after the 16th century.
Q3) A foreign corporation is one that conducts its business in a state where it is not incorporated.
A)True
B)False
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Chapter 42: Organization and Financial Structure of Corporations
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Q1) Two corporations in a state may have the same name.
A)True
B)False
Q2) On preincorporation share subscriptions:
A)promoters have no liability.
B)promoters have no liability after incorporation.
C)promoters have personal liability till novation.
D)promoters have maximum liability.
Q3) In the states that provide statutory solutions for close corporations that fail to address the share transferability problem,which of the following is not included in these statutes?
A)A right of first refusal provision
B)An option provision
C)A buy-and-sell provision
D)A consent restraint provision
Q4) The basic governing document of the corporation is the:
A)articles of incorporation.
B)bylaws.
C)shareholder agreement.
D)organizational operating agreement.
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Chapter 43: Management of Corporations
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Q1) The board of directors of a nonprofit corporation must have at least ________ director(s).
A)one
B)three
C)eight
D)five
Q2) Under the Model Business Corporation Act,a director who is sued in connection with his/her duties to the corporation may be indemnified by the corporation when:
A)the director acted in good faith and his conduct was lawful.
B)the director failed to act in the best interests of the corporation.
C)the director's actions were grossly negligent but not intentional.
D)the director received unqualified financial benefits.
Q3) The ________ requires periodic shareholder approval of executive compensation.
A)Dodd-Frank Wall Street Reform and Consumer Protection Act
B)Burnett Act
C)Sarbanes-Oxley Act
D)Debbie Smith Act
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Chapter 44: Shareholders Rights and Liabilities
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Q1) The Model Business Corporation Act (MBCA)provides that the ________ right of a shareholder does not exist except to the extent provided by the articles of incorporation.
A)preemptive
B)information
C)dissenters'
D)liquidation
Q2) In Montgomery Cellular Holding Co. ,Inc.v.Dobler,the case in the text,the court applied the ________ test to review competing valuations of minority shares.
A)reasonable corporation
B)International Shoe
C)reasonable person
D)Weinberger
Q3) A shareholder's preemptive right allows him to:
A)increase his proportionate voting power.
B)maintain his dissenters' right.
C)increase the value of his shares.
D)maintain his proportionate share of dividends.
Q4) Atria Corporation wishes to dissolve.How can it do so?
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Chapter 45: Securities Regulation
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Q1) Which of the following statements about the Capital Markets Efficiency Act of 1996 (CMEA)is false?
A)The CMEA's purpose is to facilitate offerings of securities by small investors.
B)The CMEA preempts state registration of offers and sales of securities to "qualified purchasers," as defined by the SEC.
C)The CMEA was passed by Congress.
D)Since state registration provisions are preempted,states cannot apply their own antifraud laws either.
Q2) Which of the following is true about shareholder proposals and eligibility of shareholders to get their proposals included by a corporation in its proxy statement?
A)A shareholder must own at least 0.5 percent of the securities to be voted at the shareholders' meeting.
B)An eligible shareholder may submit only one proposal per shareholder meeting.
C)The shareholder proposal and its supporting statement may not exceed 1500 words.
D)A shareholder must own at least $1,000 of the securities to be voted at the shareholders' meeting.
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Chapter 46: Legal and Professional Responsibilities of
Auditors, Consultants, and Securities Professionals
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Q1) Who amongst the following can be held liable under Section 12(a)(2)of the Securities Act of 1933?
A)A consultant who is hired by a company making a public distribution of securities to improve performance
B)An auditor who issues an opinion regarding financial statements of a company making a public distribution of securities
C)An accountant in the accounts division of a publicly traded company that is issuing new securities to the public
D)An underwriter who is involved in issuance of new securities to the public by a publicly traded company
Q2) The SEC has adopted ________,which requires an analyst's research report to include the analyst's certification that views expressed in the report accurately reflect his/her personal views.
A)Regulation B
B)Regulation C
C)Regulation AC
D)Regulation A
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Chapter 47: Administrative Law
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Q1) What prevents agencies from over-reaching or acting outside of the law?
A)Constitutional checks and balances
B)Agency internal codes of conduct
C)Agency charters based by the legislature
D)The public comment period in the rule-making process
Q2) When courts review formal agency adjudications or formal rulemaking,the APA calls for the application of a(n):
A)substantial evidence test.
B)beyond reasonable doubt review.
C)de novo review.
D)arbitrary and capricious test.
Q3) Under the Freedom of Information Act (FOIA),administrative agencies must normally respond to public requests for documents within ________ after such a request has been received.
A)30 days
B)20 days
C)10 days
D)40 days
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Chapter 48: The Federal Trade Commission Act and Consumer
Protection Laws
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Q1) The ________ Act aids victims of identity theft by allowing them to file identity theft reports with consumer reporting agencies.
A)Fair Credit Billing
B)Equal Credit Opportunity
C)Fair and Accurate Credit Transactions
D)Fair Credit Reporting
Q2) Which of the following statements about Section 5 of the FTC Act and anticompetitive behavior is false?
A)Section 5 empowers the Commission to prevent "unfair methods of competition."
B)The Commission has statutory authority to enforce the Clayton Act.
C)Section 5 only reaches anticompetitive behavior covered by other antitrust statutes.
D)Section 5 enables the FTC to proceed against incipient antitrust violations.
Q3) If a $100 replacement part for a piece of manufacturing equipment is sold to a manufacturing plant,the Magnuson-Moss Act does not apply to the sale.
A)True
B)False
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Chapter 49: Antitrust: the Sherman Act
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Q1) The Sherman Act provides that individuals criminally convicted of violating it may be:
A)fined up to $1 million per violation and may be imprisoned for as long as 5 years.
B)fined up to $500,000 per violation and may be imprisoned for as long as 10 years.
C)fined up to $500,000 per violation and may be imprisoned for as long as 5 years.
D)fined up to $1 million per violation and may be imprisoned for as long as 10 years.
Q2) Courts tend to treat ________ similarly because they are similar in motivation and effect.
A)exclusive dealing agreements and reciprocal dealing agreements
B)joint venture agreements and exclusive dealing agreements
C)joint venture agreements and tying agreements
D)reciprocal dealing agreements and tying agreements
Q3) Federal antitrust laws have been extensively applied to activities affecting the international commerce of the United States.
A)True
B)False
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Q1) As stated in the text and mentioned in North Carolina State Board of Dental Examiners v.Federal Trade Commission,the state action exemption was developed in:
A)Parker v.Brown
B)Standard Oil Co.v.United States
C)Union Labor Life Insurance Co.v.Pireno
D)Federal Trade Commission v.Staples,Inc.
Q2) When does a tying agreement violate Section 3 of the Clayton Act?
A)Only when it creates a monopoly
B)Only when it substantially lessens competition
C)When it substantially lessens competition or tends to create a monopoly
D)When it restrains a substantial volume of commerce in the tied product
Q3) Historically,courts seeking to determine the legality of vertical mergers have first tended to look at:
A)the increase in market entry barriers for new competitors.
B)the elimination of potential competition in the acquired firm's market.
C)the economic efficiency of such vertical integration.
D)the share of the relevant market foreclosed to competition.
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Chapter 51: Employment Law
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Q1) A plaintiff will succeed against her employer in a disparate treatment case under Title VII if she can prove that:
A)her employer does not pay her well.
B)her workload is very high.
C)her employer rarely approves her requests for leave of absence.
D)her employer discriminates against her on the basis of race.
Q2) Under ________,employees agreed not to join a union or remain a union member.
A)featherbedding contracts
B)yellow-dog contracts
C)master contracts
D)sweetheart contracts
Q3) For a business to be covered under the Family and Medical Leave Act (FMLA)how many employees must the business employ?
A)50 or more
B)5 or more
C)75 or more
D)2 or more
Q4) The Equal Pay Act prohibits sex discrimination regarding pay.
A)True
B)False
Page 53
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Chapter 52: Environmental Regulation
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Q1) What are the essential components of an environmental impact statement? How are business people affected by the environmental impact statement requirement?
Q2) The ________ mandates proper management and disposal of wastes currently generated instead of past disposal sites.
A)Marine Protection,Research,and Sanctuaries Act
B)Resource Conservation and Recovery Act
C)Oil Pollution Prevention,Response,Liability and Compensation Act
D)Toxic Substances Control Act
Q3) The preconstruction review process required under the Clean Air Act applies to new facilities as well as existing facilities that undergo major modifications.
A)True
B)False
Q4) Which of the following regulates the manufacture and use of pesticides?
A)FIFRA
B)TSCA
C)RCRA
D)CERCLA
Q5) How are the cleanups of hazardous waste sites required by CERCLA funded?
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