Diversity and the Law
Final Test Solutions
Course Introduction
This course explores the complex relationship between legal systems and diverse social identities, focusing on how laws both reflect and shape societal understandings of race, ethnicity, gender, sexuality, disability, and religion. Students will critically analyze landmark court cases, statutes, and legal doctrines to understand the impact of legal frameworks on marginalized communities. The course also discusses legal strategies used to combat discrimination, promote equality, and address systemic injustices, providing a comprehensive perspective on how the law interacts with social diversity in contemporary society.
Recommended Textbook
The Legal Ethical and Regulatory Environment of Business in a Diverse Society 1st Edition by Dawn
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Page 2
Chapter 1: Introduction to the Business and Ethics
Environment in a Diverse Society
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Sample Questions
Q1) Which of the following branches of government has the authority to interpret executive orders or other presidential acts as unconstitutional?
A) Civil
B) Legislative
C) Judicial
D) Executive
Answer: C
Q2) Which of the following theories of jurisprudence, according to some people, is not a good way to view law because it makes law too fluid?
A) Aristocracy
B) Legal Positivism
C) Natural law
D) Sociological theory
Answer: D
Q3) What is the difference between law and morality?
Answer: Law may often reflect our morals, but law and morality, or ethics, are not the same. While law is our government's determination as to our limitations and rights, morality is our own personal view of what we believe is proper and how we should conduct ourselves.
Page 3
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Chapter 2: Alternative Dispute Resolution
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Sample Questions
Q1) Which of the following statements is true regarding conciliation?
A) It is also known as mediation.
B) It is the easiest and the cheapest ADR method.
C) It is the last ADR method a party with a conflict should attempt and it is generally used just before litigation.
D) If conciliation doesn't work, the next logical step after conciliation is arbitration.
Answer: B
Q2) Arbitration involves the intervention of a disinterested third party into a dispute.
A)True
B)False
Answer: True
Q3) Generally panels of arbitrators comprise an odd number of arbitrators.
A)True
B)False
Answer: True
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Chapter 3: The Court System and Legal Process
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Sample Questions
Q1) What is a motion?
A) A reply that admits or denies the new facts alleged by defendant.
B) A document filed by the defendant that alleges that rather than or in addition to the harm the defendant may have caused the plaintiff, the plaintiff has instead or also harmed the defendant.
C) A request for the trial court to take an action requested by the moving party.
D) A document issued by the court to the defendant upon filing a complaint in the court.
Answer: C
Q2) The state level courts of appeal conduct trials.
A)True
B)False
Answer: False
Q3) In an Article III court, Congress has power to remove judges, whereas in a legislative court, appointments are for a lifetime.
A)True
B)False
Answer: False
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Page 5
Chapter 4: Administrative Law
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Sample Questions
Q1) During Congressional oversight hearings, Congress:
A) issues executive orders.
B) enforces laws regulating unfair trade practices.
C) takes a close look at the work that is being done by the administrative agency.
D) reviews cases related to discrimination.
Q2) The National Labor Relations Board enforces safe workplace laws.
A)True
B)False
Q3) Define administrative law.
Q4) The causes leading to creation of administrative agencies often arise from some sort of agitation by the public. Discuss with examples.
Q5) Discuss judicial review.
Q6) During Congressional oversight hearings, Congress reviews cases related to racial discrimination.
A)True
B)False
Q7) Describe briefly the functions performed by the following administrative agencies: Federal Trade Commission, EEOC, and National Labor Relations Board.
Page 6
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Chapter 5: Contracts and Sales
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Sample Questions
Q1) _____ is exerting pressure through threats or use of physical force, economic disadvantage, exposure of private matters, etc., to get a party to enter into a contract.
A) Duress
B) Undue influence
C) Fraud in execution
D) Gap filling
Q2) The Restatement of Contracts is also known as "common law of contracts."
A)True
B)False
Q3) If there is no consideration between the parties, there is no valid and binding contract.
A)True
B)False
Q4) An executed contract is a contract in which:
A) the terms of a contract have been fully performed.
B) one of the parties to the contract does not have the capacity to contract.
C) one party promises to do an act if the other party does something.
D) all the requirements of a valid contract have been fulfilled.
Q5) Discuss with examples unilateral and bilateral contracts.
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Chapter 6: Torts
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Sample Questions
Q1) If a tort is committed by an employee working for the business owner and the tort is committed within the scope of the employee's employment then it is the employer who generally pays for the tort. This is known as the _____ theory.
A) legal realism
B) utilitarianism
C) legal positivism
D) deep pockets
Q2) In order for negligence liability to attach to the tortfeasor, plaintiffs must prove all of the following requirements EXCEPT:
A) damages.
B) actual and proximate cause.
C) breach of duty.
D) intent to harm.
Q3) Which of the following statements is true regarding false imprisonment?
A) There should be some means that stops the victim from leaving the premise.
B) This tort requires the intent to harm, not the intent to do the act that results in the harm.
C) The space should be small.
D) Locking up someone's pet or other property is sufficient for this tort.
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Page 8
Chapter 7: Property, Real and Personal
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Sample Questions
Q1) An agreement to sell to buyer trees cut from your property is an agreement for personal property
A)True
B)False
Q2) Even though one plot of land may look much like another, according to the law each piece of real property is unique.
A)True
B)False
Q3) Explain with an example joint tenancy with right of survivorship.
Q4) Eminent domain is:
A) the government's right to take property for government use while providing the owner with fair market value for the taking.
B) the owner's right to sell the property at any price that he/she finds suitable.
C) the tenant's right to buy the property after using it for a fixed number of years at market value.
D) the owner's right to hold the property for a lifetime and then pass it on to a person who is not a relative of the owner.
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9
Chapter 8: Business Crimes
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Sample Questions
Q1) What is misappropriation?
Q2) The Public Company Accounting Oversight Board (PCAOB) was created by the
A) Dodd-Frank Act
B) Deficit Reduction Act
C) Sarbanes-Oxley Act
D) Commodity Futures Modernization Act
Q3) Price fixing occurs when different purchasers of the same product are charged differently for an item that costs the same to produce if the purpose is to decrease competition or create a monopoly.
A)True
B)False
Q4) Discuss the following statement: While defendants have a right to bail, that right is not absolute.
Q5) _____ is the willful and corrupt false swearing or affirming, under oath, as to a material matter in question.
A) Misappropriation
B) Perjury
C) Embezzlement
D) Conspiracy
Page 10
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Chapter 9: Secured Transactions and Bankruptcy
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Sample Questions
Q1) Discuss briefly Chapter 7 bankruptcy.
Q2) A _____ is one who owes a debt to a creditor.
A) grantor
B) testator
C) debtor
D) promoter
Q3) What are the various types of indispensable paper?
Q4) A guarantor usually makes a promise on the original agreement and becomes a party to that agreement.
A)True
B)False
Q5) Which of the following types of bankruptcy is used by individuals with regular income to develop a plan to repay all or part of their debts and provides protection from creditors while they do so?
A) Chapter 7
B) Chapter 9
C) Chapter 13
D) Chapter 12
Q6) Discuss a surety's right of reimbursement.
Q7) What are the various advantages of Chapter 13 bankruptcy?
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Chapter 10: Agency and Business Organizations
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Sample Questions
Q1) Discuss termination of a limited partnership.
Q2) A(n) _____ is one who acts primarily for the benefit of another.
A) principal
B) fiduciary
C) independent contractor
D) dealer
Q3) In the case of a third party contract, if the principal is _____ the agent is not a party to the contract.
A) fully disclosed
B) partially disclosed
C) unidentified
D) undisclosed
Q4) Define an agent.
Q5) Discuss corporate dissolution.
Q6) Explain the terms general agent and special agent.
Q7) If the principal is fully disclosed in a third party contract, the agent alone is party to the contract.
A)True
B)False
Q8) What is ratification?
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Chapter 11: The Employment Relationship and Equal Employment Opportunity
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Sample Questions
Q1) Give three suggestions for creating an atmosphere in which sexual harassment is minimized.
Q2) The single most important piece of legislation that impacts the workplace in the area of discrimination is the ___.
A) Clayton Antitrust Act of 1982
B) Civil Rights Act of 1964
C) Reed-Jenkins Act of 1928
D) Homeland Security Act of 2002
Q3) The Americans with Disabilities Act of 1990 guarantees a job to every disabled person regardless of qualifications.
A)True
B)False
Q4) Under what circumstances are affirmative action plans implemented?
Q5) The Employee Retirement Income Security Act (ERISA):
A) prevents employees from being excluded from a pension plan because of age.
B) prohibits older employees from working under hazardous conditions.
C) prevents employees from taking voluntary retirement before the age of 45.
D) prohibits employees from working beyond the age of 55.
Q6) Discuss disparate impact.
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Chapter 12: Labor and Management Relations
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Q1) _____ was the first major U.S. labor law statute.
A) The Employee Free Choice Act
B) The National Labor Relations Act
C) The Norris-LaGuardia Act
D) The Taft-Hartley Act
Q2) Job and union security constitute the main issues or clauses for employees in a collective bargaining agreement.
A)True
B)False
Q3) What are the steps involved in the formation of a union?
Q4) The end product of the negotiations between management and labor will be a(an):
A) arbitration agreement.
B) card check agreement.
C) collective bargaining agreement.
D) agency shop agreement.
Q5) Explain the duty of fair representation.
Q6) In what ways did the Taft-Hartley Act of 1947 curb union abuses and excesses?
Q7) What is meant by bargaining in good faith?
Q8) Define a bargaining unit?
Q9) What are "right to work states?" Name any two such states. Page 14
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Page 15
Chapter 13: Securities Regulation and Compliance
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Sample Questions
Q1) Which of the following statements is definitely true regarding transactions that are called short swing profits?
A) These transactions involve buying and selling of those securities that are exempt from registration under "Regulation D)"
B) These transactions take place when the securities are being offered to the accredited investors.
C) These are in-and-out transactions that might be used to manipulate securities.
D) These transactions involve buying and selling of securities by the directors of the company.
Q2) All public offerings of securities must be registered with the SEC.
A)True
B)False
Q3) A security is defined as a _____ that represents financial value.
A) negotiable instrument
B) contract
C) deed
D) chattel paper
Q4) Discuss the Regulation Dexemption.
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Page 16
Chapter 14: Antitrust and Trade Regulation
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Sample Questions
Q1) Which of the following statements is true for the Federal Trade Commission Act of 1914?
A) It limits the Federal Trade Commission (FTC) to equitable remedies.
B) The Act provides criminal penalties to those whose violate it.
C) It provides that unfair or deceptive practices are subject to criminal penalties.
D) It only covers monopolization cases and declares them unlawful.
Q2) An agreement among competitors to divide markets by territory:
A) is analyzed under the rule of reason approach.
B) does not require a proof of agreement to be declared anticompetitive.
C) has a greater effect than even price fixing.
D) is not regarded by courts as being inherently unreasonable.
Q3) Arrangements whereby dealers agree to resell the product only within specified territories and to solicit business only from specified classes of customers are:
A) subject to per se violations.
B) subject to the rule of reason.
C) found to be anticompetitive.
D) found to be inherently unreasonable.
Q4) Describe the provisions of the Robinson-Patman Act.
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Chapter 15: Intellectual Property
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Q1) Engaging in copyright infringement is not considered as a crime if there is no commercial motive.
A)True
B)False
Q2) Which of the following statements is true regarding trade secrets?
A) Mere ideas can be protected as trade secrets.
B) Trade secrets require novelty or nonobviousness to be protected.
C) A compilation of information that is used in one's business is an example of a trade secret.
D) Trade secret law prevents others from acquiring the trade secret through reverse engineering.
Q3) A _____ is any word, name, symbol, or device, or any combination thereof used by a person to identify and distinguish his or her goods from those manufactured or sold by others.
A) license
B) trademark
C) patent
D) copyright
Q4) What is a certification mark?
Q5) Discuss copyright infringement.
Page 18
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Chapter 16: Environmental Law and Business
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Sample Questions
Q1) Give brief information on the Toxic Substances Control Act?
Q2) What is acid rain and how is the acid rain program trying to curb it?
Q3) Which of the following is true regarding the Socially Responsible Investing (SRI)?
A) The modern SRI movement began when pictures of napalmed victims, skin in flames, in Vietnam generated outrage against Dow Chemical.
B) SRI is a recent concept.
C) This form of investing favors corporations that promote environmentally aware practices, consumer protection, human rights, and diversity.
D) All socially responsible investors avoid businesses involved in alcohol, tobacco, gambling, weapons, the military and/or abortion.
Q4) The public gets _____ days to comment, after which the final Environmental Impact Statement is reported upon.
A) 60
B) 45
C) 15
D) 30
Q5) List some of the concepts associated with sustainable business practices?
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19
Chapter 17: International Law and Business
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Q1) This organization is an independent agency that provides trade expertise to the legislative and executive branches of government. It advises the President and investigates issues such as the balance of trade between imports and exports, the economic impact in the United States of any proposed trade agreements, and effects of foreign competition on the United States. It can impose countervailing duty on products determined by the International Trade Administration to harm domestic manufacturers. Identify the organization in discussion.
A) U.S. Customs and Border Protection
B) The Office of the U.S. Trade Representative
C) The Bureau of Industry and Security
D) International Trade Commission
Q2) The ambassador of the Office of the U.S. Trade Representative (USTR) serves as:
A) the president of the World Trade Organization.
B) a nonvoting member of the Export-Import Bank.
C) the vice president of the World Bank.
D) a member of the International Monetary Fund.
Q3) Discuss the significance of the countervailing duty.
Q4) What is dumping?
Q5) Discuss characteristics of nongovernmental organizations.
Q6) Discuss franchising.
Page 20
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