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Business Law Final Exam Questions - 2078 Verified Questions

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Business Law

Final Exam Questions

Course Introduction

Business Law provides students with a comprehensive overview of the legal principles and frameworks that govern commercial activities. The course covers key topics such as contracts, agency, torts, property law, business organizations, and regulations affecting businesses. Students will gain an understanding of how legal issues influence business decisions, the rights and responsibilities of parties in business relationships, and the procedures for resolving disputes. Emphasis is placed on real-world case studies, ethical considerations, and the impact of the legal environment on both domestic and international business operations.

Recommended Textbook

The Legal Environment of Business A Managerial Approach Theory 2nd Edition by

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Chapter 1: Legal Foundations

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Q1) ________ are recognized as binding between two parties even though no specific statute or regulation provides for the rights of the parties.

Answer: Private laws

Q2) Define and explain the concepts of permanence and preemption as they apply regarding the U.S. Constitution.

Answer: Permanence refers to the concept that a constitution is thought to reflect the basic principles of a society and should be amended only in extraordinary cases and only when a majority of its constituents agree over a certain period of time. Preemption, in terms of the Constitution, stands for the concept that constitutional law is supreme over all other sources of law.

Q3) Civil law systems reject and prohibit the use of precedent, relying solely on strict interpretations of statutes.

A)True

B)False

Answer: False

Q4) Attorneys who work for a company and are part of the executive or midlevel management team are specifically referred to as ________ counsel.

Answer: in-house

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Page 3

Chapter 2: Business and the Constitution

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Q1) The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed. These mud flaps have been proved to make driving in the rain significantly safer as they reduce mist created by trucks in the rain, although data regarding accidents and injuries have not yet been determined. Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must have these flaps or go around the state. This Kansas law:

A) is valid because it applies only to Kansas roads and such a law is entirely intrastate. B) is valid because Kansas' right to protect its citizens under its police powers will override any outside challenges to this law.

C) is invalid because this law is intended to regulate interstate commerce, an enumerated federal power.

D) is invalid because, although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce, causing an undue burden. Answer: D

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Chapter 3: The American Judicial System, Jurisdiction, and Venue

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Q1) Diversity jurisdiction is a form of federal personal jurisdiction. A)True

B)False Answer: False

Q2) A business entity is considered a person in terms of assessing personal jurisdiction. A)True

B)False

Answer: True

Q3) Mackey Corp. is incorporated in Delaware but has no office or personnel in the state. Its main office is in Arizona. Mackey would have a physical presence in Delaware if: A) it maintains a P.O. box to receive mail, which is then forwarded to the main office in Arizona.

B) it advertises its products in Delaware newspapers.

C) its sales personnel drive through Delaware to go to offices in Maryland.

D) it sells products to Delaware residents using the USPS for delivery.

Answer: A

Q4) The party petitioning or asking for an appeal is called the _______.

Answer: appellant

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Chapter 4: Resolving Disputes: Litigation and Alternative

Dispute Resolution Options

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Q1) Questions asked by an attorney of witnesses whom they have called to testify are called a cross-examination.

A)True

B)False

Q2) From first to last, which of the following trial stages are in the correct order?

A) pretrial conference; pleadings; discovery; deliberations

B) pleadings; discovery; deliberations; jury selection

C) discovery; jury selection; deliberations; charging the jury

D) pleadings; discovery; pretrial conference; jury selection

Q3) Judges must be present during depositions to resolve disputes and ensure fairness.

A)True

B)False

Q4) The filing of the complaint begins which stage of litigation?

A) the pleadings

B) discovery

C) voir dire

D) the trial

Q5) A jury that cannot agree on a verdict is called a ________ jury.

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Chapter 5: Business, Societal, and Ethical Contexts of Law

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Q1) Big Bucks Bank has published a detailed company ethical code based on an extensive values management process. The code specifies that all dealings with customers are to be fully documented and all dealings with the public not only are to be legal but should be based on what is best for the consumer. Everyone who deals with a customer is responsible for what he or she advises and must document conversations. Promotions and rewards will be based not only on productivity but also on fairness and how the customer is dealt with. At the weekly mortgage department meeting, Bill, the supervisor, informs his department that the loan production is way down and that they need to do whatever is necessary to step up the amount of loans granted. As a result, a number of questionable loans are granted that make money for Big Bucks but result in families being foreclosed on. Assuming the questionable loans to be unethically given, which trait of an ethical company has been breached?

A) Senior management has not articulated a clear vision of integrity.

B) Policies and practices of the mortgage department are not aligned with those of the organization.

C) Responsibility is collective rather than individual.

D) Nothing has been breached as this is common among even the most ethical of companies.

Q2) The notion of ________ is a central theme in Immanuel Kant's work.

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Chapter 6: Overview and Language of Contracts

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Sample Questions

Q1) In general, contracts for services are governed by:

A) state common law.

B) state statutory law.

C) the Uniform Commercial Code.

D) federal law.

Q2) Ally, a minor, purchases a car from a used-car dealer. The law allows minors the right to cancel a contract until the time the minor turns 18. The contract between Ally and the dealer is:

A) a valid contract.

B) a voidable contract.

C) a void contract.

D) an unenforceable contract.

Q3) A unilateral contract is formed when a promise requires acceptance by performance.

A)True

B)False

Q4) Parties must be of proper age and mental competence to have ___________ to contract.

Q5) When a party may, at his or her option, either disaffirm or enforce a contract, that contract is said to be _______.

8

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Chapter 7: Contract Formation

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Q1) Applying the parole evidence rule:

A) Written contracts with ambiguous terms are automatically void and cannot be corrected.

B) Oral agreements may be used to change a final written contract if the final written contract isn't exactly conforming to the precontract agreements.

C) Written agreements may be used to change a final written contract if the final written contract isn't exactly conforming to the precontract agreements.

D) A written contract is the final expression of the party's agreement and may not be contradicted by oral or written agreements made prior to the writing.

Q2) After an offer is made, the offeror may revoke that offer at any time, even if the offeree has not been given a reasonable period of time to decide whether or not to accept.

A)True

B)False

Q3) In many states, if a person has been declared incompetent, contracts that person enters into are classified as void ________ or not valid from the onset.

Q4) Use of unfair coercion to force a party into a contract constitutes _______.

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Chapter 8: Contract Performance: Conditions, Breach, and

Remedies

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Q1) Compensatory damages cover a broad spectrum of losses for recovery of ________ damages suffered by the nonbreaching party.

Q2) You have booked a hotel room for a conference at a rate of $100 per day for five days. When you arrive to check in, you are told that the hotel is full and that it overbooked and cannot supply you with a room. You are forced to go to the only hotel in town with available rooms and pay $150 per night. If you sue for damages:

A) you are entitled to compensatory damages in the amount of $250.

B) you are entitled to consequential damages in the amount of $250.

C) you are not entitled to any damages because the additional costs were not foreseeable.

D) you are entitled to liquidated damages in the amount of $250.

Q3) Nominal damages are rarely awarded in contract cases.

A)True

B)False

Q4) Which of the following is not classified as an equitable remedy?

A) specific performance

B) damages

C) reformation

D) injunctive relief

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Chapter 9: Contracts for the Sale of Goods

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Q1) Wrongfully revoking an acceptance will constitute a breach of contract by the buyer.

A)True

B)False

Q2) If goods are to be picked up at the seller's place of business by the buyer and the seller is a merchant, the seller retains risk of loss until the buyer takes possession of the goods.

A)True

B)False

Q3) Shovels R Us sends a purchase order to Acme Snow Shovel Inc., for 500 shovels to be delivered by September 30, 2014, in time for the winter season. Acme returns an acknowledgment form indicating that the shovels will be delivered on March 1, 2015. The acknowledgment letter forms a valid contract.

A)True

B)False

Q4) Goods that exactly meet the specifications of a contract are called ________ goods.

Q5) When a buyer rejects nonconforming goods and purchases the appropriate goods from a different seller, the buyer is said to be _______.

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Chapter 10: Torts and Products Liability

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Q1) Jimmy is annoyed because his neighbor's dog is constantly barking. He intentionally walks up to the dog in his neighbor's yard and viciously kicks it. Jimmy has committed battery.

A)True

B)False

Q2) Delta Tau Chi is a college fraternity and is recruiting new members. Although hazing is banned, the members nevertheless take the pledges to the local zoo, where they hand them bows and ribbons and order them to break into the monkey house exhibit and decorate the inhabitants. The monkey house has a distinct sign stating, "DANGEROUS ANIMALS, DO NOT APPROACH OR ENTER THE PREMISES!" The pledges go in anyway, and two of the pledges are severely injured and sue the zoo for their injuries. Discuss the liability of the zoo and the pledges.

Q3) ________ is typically defined as intentionally committing a wrongful act with intent to harm.

Q4) Employers, in some states, enjoy an absolute privilege when giving employment references as long as the reference is factual and without malice.

A)True

B)False

Q5) Laws that impose liability on liquor stores and bars are called ________ laws.

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Chapter 11: Agency

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Q1) Which of the following is an example of terminating the agency relationship by express act?

A) The principal calls the agent and tells her to stop working.

B) The principal dies.

C) The principal files for bankruptcy.

D) The thing the agent was hired to work on is destroyed in a fire.

Q2) Liability involving one party's liability for another party's act is called ________ liability.

Q3) An express termination of the agency relationship by the agent is called a renunciation.

A)True

B)False

Q4) If a principal wants to keep her identity secret, she would use:

A) a disclosed agency.

B) a partially disclosed agency.

C) an undisclosed agency.

D) an independent agency.

Q5) When hiring a new employee, or when continuing the current employment of an employee, how and why must an employer take specific steps to protect the public?

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Chapter 12: Employment Relationships and Labor Law

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Q1) Conditions in American industrial plants have always been safe and humane with regard to the treatment of workers.

A)True

B)False

Q2) Explain how the Electronic Communications Privacy Act applies to employee privacy and protections.

Q3) Leon works in an office environment and, during lunch, closes his office door and uses his personal laptop computer to search the Internet for porn, accessing the company's server via an ethernet cable connection. The company may monitor his computer usage even though he is using a personally owned computer.

A)True

B)False

Q4) Workers at Kent Corp. are on strike. To increase pressure on Kent Corp., they start picketing Flint Corp., one of Kent's suppliers, with signs urging the boycotting of Flint for supporting unfair labor practices. The picketing at Flint would be considered an illegal ______.

Q5) Stella has asked her employer for leave pursuant to the Family and Medical Leave Act. What must she evidence to be eligible for leave?

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Chapter 13: Employment Discrimination

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Q1) Intent to discriminate must be proved for a disparate case to be successful.

A)True

B)False

Q2) Race, religion, color, gender, and national origin are examples of _______.

Q3) Every time Mike passes Kathy in the office he rubs against her. Sometimes he walks up behind her and massages her shoulders even though she has told him not to. Lately he's been pinching her butt when no one is watching. Mike is committing quid pro quo sexual harassment.

A)True

B)False

Q4) Affirmative action programs are designed to remedy an actual past practice of discrimination.

A)True

B)False

Q5) An employee has filed a claim of discrimination with the EEOC. If the EEOC investigates and determines that it will not follow through with a lawsuit representing the employee, the employee has no recourse and cannot file a private lawsuit.

A)True

B)False

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Chapter 14:

Choice of Business Entity, Sole Proprietorships, and Partnerships

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Q1) Bud and Lou own and operate a bakery. They each perform all of the functions in the bakery, from baking to cleaning up. They make decisions jointly and hold themselves out to the public as business equals. When starting the business, Bud contributed $60,000 and Lou $40,000 to capitalize the business. They have a written agreement stating that they will share profits equally; however, responsibility for losses will be allocated at 60 percent to Lou and 40 percent to Bud. If Helen slips and falls in the shop and gets a judgment for $100,000, how may Helen proceed?

Q2) Robert and Philip are operating a general partnership. Under the Revised Uniform Partnership Act, if Robert rightfully or wrongfully dissociates from the partnership, the partnership continues to exist.

A)True

B)False

Q3) A limited partnership requires:

A) at least two general partners.

B) at least two limited partners.

C) a written limited partnership agreement.

D) at least one general and one limited partner.

Q4) How is the Revised Uniform Partnership Act similar to the Uniform Commercial Code in terms of gap filling?

Page 16

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Chapter 15: Limited Liability Companies and Limited Liability Partnerships

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Q1) When an LLP is formed, who files the initial paperwork?

A) an individual representing two or more persons desiring to start a new business

B) the principal in a sole proprietorship already in operation

C) a limited partnership already in operation

D) a general partnership already in operation

Q2) The operating agreement of the LLC often controls the amount and methods of capitalizing the business.

A)True

B)False

Q3) Personal financial contributions may be required by previous agreement with regard to:

A) LLCs.

B) LLPs.

C) business trusts.

D) franchisors.

Q4) In an LLP, generally all partners have liability protection for _______ and liabilities of the partnership.

Q5) Corporate tax structures result in ________ taxation.

Q6) LLC laws define dissolution of an LLC as a ________ process.

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Chapter 16: Corporations

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Q1) Creation and internal governance of corporations is governed by:

A) state laws.

B) federal laws.

C) the Revised Model Business Corporation Act.

D) common law.

Q2) Privately held corporations are more common than are publicly held corporations.

A)True

B)False

Q3) Corporate bylaws are public documents that must be filed with the appropriate state corporation office.

A)True

B)False

Q4) Officers, directors, and controlling shareholders are often called _______.

Q5) Each of the following is a factor used by courts to determine whether to pierce the corporate veil except:

A) poor management and decision making by an inadequately trained or educated manager.

B) inadequate capitalization.

C) evidence of fraud or willful misconduct.

D) failure to follow necessary corporate formalities.

Page 18

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Chapter 17: Regulation of Securities, Corporate

Governance, and Financial Markets

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Q1) When a corporation issues securities under a nonpublic offering or safe-harbor exemption from SEC regulations, it is free of the burden of supplying any disclosures to the investor due to the investor's experience and knowledge of the process.

A)True

B)False

Q2) The "safe-harbor" exemption from SEC regulations involves:

A) nonpublic offers to a limited number of sophisticated investors who already have business relationships with the issuer.

B) nonpublic offers to a limited number of sophisticated investors who privately negotiate their securities purchases.

C) offerings with specified dollar limitations and/or limitations on the number of accredited investors.

D) offerings with specified dollar limitations and/or limitations on the number of nonaccredited investors.

Q3) State security laws are generally referred to as ________ laws.

Q4) With regard to financial reporting and corporate governance, what is now required of public companies under the Sarbanes-Oxley Act?

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Chapter 18: Administrative Law

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Q1) Administrative law hearings are presided over by ________ judges.

Q2) The president's authority to exercise power over administrative agencies is derived from:

A) federal law.

B) judicial decisions.

C) the Constitution.

D) congressional delegations.

Q3) The SEC's issuing of licenses to individuals to trade stocks is not an agency function because it is regulating individuals and not businesses.

A)True

B)False

Q4) Administrative warrants are held to the same probable cause standard as criminal warrants.

A)True

B)False

Q5) Final effective ________ are published in the Code of Federal Regulations.

Q6) The ________ Act is the main federal statute that is a source of administrative law.

Q7) How does an agency regulate through licensing?

Page 20

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Chapter 19: Environmental Law and Policy

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Q1) A market-based approach does not give a business options about how to comply with pollution standards.

A)True

B)False

Q2) The Endangered Species Act (ESA) is administered by the Department of Commerce and the Department of the Interior.

A)True B)False

Q3) If a shipwreck causes an oil spill, the legislation that regulates it is known as the ________ Act.

Q4) Which of these is not one of the primary reasons for the creation of environmental statutes?

A) protect wildlife

B) ensure that government agency decisions have minimal environmental impact

C) standardize environmental protections across the country

D) protect an individual's personal property rights from environmental nuisances

Q5) The EPA may enforce its rules and regulations through criminal prosecutions. A)True B)False

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Chapter 20: Antitrust and Regulation of Competition

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Q1) John owns a company that makes televisions. The company makes high-quality TVs and has a large share of the market. Recently John's company decided to expand its business into surround-sound systems. If the company requires its distributors to buy the surround-sound system as a condition of sale for the TVs, would there be an illegal restraint? Why or why not?

Q2) The Sherman Act prohibits only contracts, combinations, and conspiracies in restraint of trade.

A)True

B)False

Q3) The Clayton Act was amended by the Robinson-Patman Act.

A)True

B)False

Q4) The Sherman Act applies only to entities that have acted in an unreasonable manner.

A)True

B)False

Q5) All monopolies are illegal.

A)True

B)False

Q6) What constitutes a meeting of the minds for antitrust laws? Why is it important?

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Chapter 21: Creditors Rights and Bankruptcy

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Q1) Nora loaned money to Susan and received a signed security agreement from Susan.

To make sure she has priority as a creditor, Nora could:

A) give the security agreement to her attorney.

B) do nothing-the date of signing gives Nora priority.

C) file the security agreement in a security deposit box.

D) take possession of the collateral.

Q2) When does an automatic stay become permanent?

A) never

B) once the bankruptcy proceedings have ended

C) when the petition is determined to be valid

D) when the debtor files for bankruptcy

Q3) Lori owes the bank the full amount of the loan that she guaranteed since collection action against Becky was unsuccessful.

A)True

B)False

Q4) Give four examples of nondischargeable debt in bankruptcy.

Q5) A ________ is a contract that specifies the parties, describes the collateral, states the obligations of the debtor, and states the remedies available to the secured party.

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Chapter 22: Consumer Protection Law

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Q1) What is the primary purpose of the Truth in Lending Act?

Q2) Sadie is shopping for a new pair of running shoes. She tells the salesperson that she is a marathoner and needs shoes for distance. The salesperson suggests that Sadie buy a pair of Mercury running shoes. Mercury shoes are actually designed for walking rather than running. On mile 21 of her first training run, the shoes start to wear through in the heel. What type of warranty has been breached?

A) express

B) merchantability

C) fitness for a particular purpose

D) none (No warranty was made in this situation.)

Q3) The Fair Debt Collection Practices Act does not prevent creditors' agents from harassing debtors or using misleading tactics.

A)True

B)False

Q4) The source of warranty law is:

A) the UCC.

B) FTC regulations.

C) the Consumer Protection Act.

D) the TILA.

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Chapter 23: Criminal Law and Procedure in Business

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Q1) The right to confront witnesses through cross-examination is contained in the Sixth Amendment.

A)True

B)False

Q2) Mike raped Kathy in the parking lot of Tom's Pub. The attorney general/district attorney's office prosecuted Mike on rape charges. Subsequently, Kathy filed a lawsuit against Mike for money damages. Classify each legal action.

A) The attorney general/district attorney's case was a criminal case; Jane's lawsuit was a civil case.

B) The attorney general/district attorney's case was a civil case; Jane's lawsuit was a criminal case.

C) Both cases are criminal.

D) Both cases are civil.

Q3) When you place your garbage or trash at the curb, you have waived any expectations of privacy and the police may go through the garbage or trash without a warrant.

A)True

B)False

Q4) Being blameworthy in criminal law is called _____.

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Chapter 24: Personal Property, Real Property, and Land Use Law

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Q1) Penny is renting an apartment from Albert. Every time Penny flushes the toilet, the toilet overflows and she must clean and mop the floor of her bathroom. She has complained numerous times, but Albert will not fix the problem. Albert is breaching Penny's right to:

A) habitability.

B) quiet enjoyment.

C) possession.

D) fair use.

Q2) If the tenant stops paying rent and ignores the landlord's demands, the landlord may constructively evict the tenant, ending the lease agreement.

A)True

B)False

Q3) Floyd has lived in his residence for three years when new neighbors move in. Soon afterward he starts to smell foul odors emanating from the new neighbors' home. It turns out that they have started a large compost heap that they plan to use as fertilizer for their spring and fall planting. Even with his windows closed and the air conditioning on, he can't stop the smell from permeating his home. If he files in court claiming a nuisance, what standard will the court use and how is it applied?

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Chapter 25: Intellectual Property

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Q1) A study published in the Harvard Business Review in January 2000 found that intellectual property represents approximately ________ of an average firm's value.

A) 40 percent

B) 50 percent

C) 60 percent

D) 70 percent

Q2) The No Electronic Theft Act primarily addressed protection regarding: A) copyrights.

B) patents.

C) trademarks.

D) trade secrets.

Q3) Mary Beth has written a novel. Copyright protection regarding her work will be for:

A) 70 years beginning from the date she began writing the novel.

B) 70 years beginning from the date that she completed the novel.

C) 70 years beginning from the date the novel is published.

D) 70 years after her death.

Q4) When an invention is shown to be new and unique, the invention has met the ________ standard.

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Chapter 26: International Law and Global Commerce

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Q1) The CISG provisions do not apply to transactions in which one party is a _______.

Q2) Jose is from Argentina. He works for a railroad business that is controlled by the government. Big Container Shipping Company is considering sending its South American cargo on that railroad. Should Big Container Shipping be concerned with the Foreign Corrupt Practices Act when they take Jose out to an expensive dinner?

A) yes, because Jose is a foreign national

B) yes, because Jose works for a government-controlled business

C) no, because Jose does not work directly for the government administration but, instead, works for a business

D) no, because it is only dinner

Q3) What is the problem with the Madrid Protocol?

A) There are no specifics that require fundamental enforcement.

B) Few countries have signed the agreement.

C) The European Union chose to create its own agreement instead of following the Madrid Protocol's terms.

D) The terms of the protocol are very limited in their application.

Q4) Describe the current state of international protections of trademarks.

Q5) What are the sources of international law? Briefly discuss each.

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