Course Introduction
Employment Law
Chapter Exam Questions
Employment Law explores the legal framework governing the relationship between employers and employees, including the rights and obligations of both parties. The course covers key topics such as employment contracts, workplace discrimination, wage and hour laws, wrongful termination, health and safety regulations, and labor relations. Students will examine relevant statutes, regulations, and case law, and develop the skills necessary to analyze and resolve employment disputes. The course prepares students to understand and navigate the legal aspects of human resource management, compliance, and employee advocacy in various professional settings.
Recommended Textbook
The Legal Environment Today 7th Edition by Roger LeRoy Miller
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Page 2
Chapter 1: Business and Its Legal Environment
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Sample Questions
Q1) The title of a case appears as "Duck Sales Corp.v.Egret Supply Co." The party in whose favor the case was decided
A)could be either party.
B)must be neither party.
C)must be Duck.
D)must be Egret.
Answer: A
Q2) A substantive law creates or defines legal rights and obligations.
A)True
B)False
Answer: True
Q3) The law establishes rights,duties,and privileges that are consistent with the values of society.
A)True
B)False
Answer: True
Q4) Courts do not depart from precedents.
A)True
B)False
Answer: False
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Chapter 1: A: Online Developments:
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Sample Questions
Q1) One night,Kyle discovers Lee,an intruder,in Kyle's home.Kyle shoots and kills Lee.With respect to criminal prosecution for this use of deadly force,under a duty-to-retreat law Kyle
A)is presumed innocent or may be exempt from prosecution.
B)must prove that he first told Lee to "Get out!" or to "Retreat!"
C)must prove that he first tried to retreat or that his life was in danger.
D)must prove that Lee did not try to retreat or acted without regard for his own life.
Answer: C
Q2) Nina,a high school teacher,requires Milo and her other students to submit their assignments to a plagiarism service to be compared to the contents of an online database of scholarly works.The assignments are also archived in the database.A federal court is most likely to find that this
A)infringes the studnets' copyright interests.
B)qualifies as "fair use" and does not infringe the students' copyrights.
C)falls under the definition of "loss" in the Computer Fraud and Abuse Act.
D)fits within the "damages" clause of the Virginia Computer Crimes Act.
Answer: B
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Chapter 2: Ethics and Business Decision Making
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Sample Questions
Q1) In making decisions for United Merchandising Company,Vance uses a cost-benefit analysis.This is part of A)duty-based ethics.
B)Kantian ethics.
C)the principle of rights.
D)utilitarianism.
Answer: D
Q2) Business ethics focuses on ethical behavior in the business world.
A)True
B)False
Answer: True
Q3) Any decision by the management of Fast-Food Franchise Corporation may significantly affect its A)operators only.
B)operators,owners,suppliers,the community,or society as a whole.
C)owners only.
D)suppliers,the community,or society as a whole only.
Answer: B
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Chapter 3: Courts and Alternative Dispute Resolution
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Sample Questions
Q1) Negotiation traditionally involves just the parties to a dispute without their attorneys.
A)True
B)False
Q2) Moby,a resident of New Jersey,has an accident with Ogden,a resident of New York,while driving through that state.Ogden files a suit against Moby in New York.Regarding Moby,New York has
A)federal question jurisdiction.
B)in personam jurisdiction.
C)in rem jurisdiction.
D)no jurisdiction.
Q3) Mediation is adversarial in nature.
A)True
B)False
Q4) Negotiation is the most complex form of alternative dispute resolution.
A)True
B)False
Q5) Voir dire is a process for presenting evidence in a case.
A)True
B)False
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Chapter 4: Constitutional Authority to Regulate Business
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Sample Questions
Q1) Theoretically,Congress can regulate every commercial enterprise in the United States.
A)True
B)False
Q2) The First Amendment does not protect commercial speech as extensively as noncommercial speech.
A)True
B)False
Q3) The Constitution provides that no person shall be deprived of "life,liberty,or property without due process of law." Under this clause,"persons" include
A)animals and other "beings in nature."
B)buildings and other "manmade creations."
C)corporations and other "legal persons."
D)none of the choices.
Q4) Procedural due process requires that any taking of a person's life,liberty,or property by government must be made fairly.
A)True
B)False
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Chapter 5: Torts,cyber Torts,and Strict Liabiity
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Sample Questions
Q1) Under the "danger invites rescue" doctrine,a person who tries to rescue another individual from harm is liable for any injuries to the individual.
A)True
B)False
Q2) An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons.Jack's Fun Park fails to maintain its equipment.Key,a patron,is injured.Jack's has committed A)a dram shop act.
B)contributory negligence.
C)negligence per se.
D)res ipsa loquitur.
Q3) Any lawful contract can form the potential basis for an action based on wrongful interference with a contractual relationship.
A)True
B)False
Q4) Self-defense is a defense to an allegation of assault or battery.
A)True
B)False
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8
Chapter 6: Criminal Law and Cyber Crime
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Sample Questions
Q1) Vladimir is a "payday" lender charged with filing false claims in bankruptcy proceedings against his customer-debtors.The standard of proof to find a defendant who has been charged with a crime guilty is A)a preponderance of the evidence.
B)beyond all doubt.
C)beyond a reasonable doubt.
D)clear and convincing evidence.
Q2) A suspect cannot be tried twice in the same court for the same crime.
A)True
B)False
Q3) Riley,a State Bank employee,deposits into his account checks that are given to him by bank customers to deposit into their accounts.This is A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.
Q4) A person who commits larceny can be sued under tort law.
A)True
B)False
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Chapter 7: International Law in a Global Economy
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Sample Questions
Q1) Qang and other foreign citizens allege human rights violations committed overseas by the government of Burma on behalf of Railway Construction Company,a U.S.firm.To seek redress for their injuries in a U.S.court,these citizens can
A)allege antitrust injuries under the Sherman Act.
B)bring civil suits under the Alien Tort Claims Act.
C)file criminal complaints under Title VII of the Civil Rights Act.
D)do nothing.
Q2) The doctrine of sovereign immunity can immunize a foreign nation from the jurisdiction of U.S.courts.
A)True
B)False
Q3) Antidumping duties are the responsibilities of international environmental polluters. A)True B)False
Q4) Dumping is the exporting of environmentally polluting goods to a foreign market. A)True
B)False
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Chapter 8: Intellectual Property and Internet Law
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Sample Questions
Q1) Delite Toys,Inc.,makes EZ Goo,a famous children's toy.Without Delite's consent,Fast Adhesives Company begins to use "ezgoo" as part of the URL for Fast's Web site.Fast claims that no consumer would confuse the Web site with the toy.Fast has committed
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)no actionable violation.
Q2) A personal name is not protected under trademark law unless it acquires a secondary meaning.
A)True
B)False
Q3) Sights Unseen,Inc.,(SUI)sells scopes with distinctively designed and made lenses and mirrors to scientists.Telescopes,Etc.Corporation later begins to sell scopes with identical set-ups of lenses and mirrors,without SUI's permission,to consumers.This is most likely A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)not infringement.
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11
Chapter 8: A: Online Developments:
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Sample Questions
Q1) In Hadley v.Baxendale,the Hadleys did not communicate adequately to Baxendale that the crankshaft they were sending to him for repair was the only one they had.The court held,with respect to the profit lost while the mill was closed,that the Hadleys were A)not entitled to this amount from Baxendale.
B)entitled to this amount from Baxendale.
C)required to pay this amount to Baxendale.
D)required to pay this amount to the court.
Q2) Ilsa and Janis agree to a contract.Later,Ilsa alleges that her performance is impossible or at best impracticable because of circumstances unforeseen at the time the contract was formed.Frieda files a suit,claiming breach.In the United States,if the court agrees with Eva,the most likely remedy is A)damages.
B)reformation.
C)rescission.
D)specific performance.
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Chapter 9: Formation in Traditional and E-Contracts
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Sample Questions
Q1) A void contract is enforceable if it is in writing.
A)True
B)False
Q2) Contractual capacity refers to the size or volume of a contract.
A)True
B)False
Q3) Kylie signs a covenant not to compete as part of a sale of her ongoing medical equipment business to Lake Valley Medico,Inc.,in exchange for a bonus payment.The covenant is most likely enforceable by
A)both parties.
B)Kylie,but not Lake Valley.
C)Lake Valley,but not Kylie.
D)no one.
Q4) InTown Delivery Service promises to deliver a certain couch to Kurt,who promises to pay for the service.If InTown does not perform,the firm may be required to A)do nothing.
B)make another promise.
C)pay damages.
D)perform a different service.
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Chapter 10: Contract Performance,breach,and Remedies
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Sample Questions
Q1) Refer to Fact Pattern 10-1.Neil's performance is most likely
A)a material breach.
B)a minor breach.
C)Mutual's breach.
D)no breach.
Q2) A party who in good faith performs substantially all of the terms of a contract can enforce the contract against the other party.
A)True
B)False
Q3) Anything less than complete performance is a material breach of contract.
A)True
B)False
Q4) A breach of contract entitles the nonbreaching party to sue for damages. A)True
B)False
Q5) Compensatory damages are foreseeable damages that arise from a party's breach of a contract.
A)True
B)False
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Chapter 11: Sales,leases,and Product Liability
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Sample Questions
Q1) The brakes on a Central & Coastal Railroad train malfunction and it rolls towards maintenance workers on the tracks.Everyone gets out of the way except Dick,who wants to show off.The train hits Dick,who sues EZ Hydraulics,Inc.,the brakes' manufacturer.EZ can raise the defense of
A)a component-part manufacturer.
B)assumption of risk.
C)consumer expectations.
D)product misuse.
Q2) Pharma Company,Quitox Corporation,and Renal,Inc.,are drug makers.Med Sales Company and National OTC,Inc.,are drug distributors.In a suit against all of these parties in which market-share liability is imposed,most likely to be liable are
A)neither the distributors nor the makers.
B)the distributors and the makers.
C)the distributors only.
D)the makers only.
Q3) All oral contracts are enforceable under the UCC.
A)True
B)False
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Chapter 12: Creditor-Debtor Relations and Bankruptcy
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Sample Questions
Q1) Seth files a petition for bankruptcy.Seth must include with the petition
A)proof of each creditor's claim.
B)a list of creditors and the amount of the debt owed to each.
C)all of his debit and credit cards to be disposed of by the court. d an affidavit testifying to his having read the Bankruptcy Code.
Q2) Speedy Delivery Company buys a white van from Tom's Terrific Vehicles,on credit under a guaranty signed by Ulysses,Speedy's president,making him personally liable if Speedy does not pay.Ulysses is
A)a surety.
B)a lienor.
C)a guarantor.
D)a creditor.
Q3) On the entry of an order for relief in a reorganization case,the creditors generally take over the operation of the debtor's business.
A)True
B)False
Q4) A bankruptcy court may deny a discharge based on the debtor's conduct.
A)True
B)False
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Chapter 13: Mortgages Foreclosures After the Recession
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Sample Questions
Q1) Erin and Dooley,a married couple,borrow $120,000 from Capital & Credit Bank to buy a home.When Erin and Dooley divorce,they are unable to make payments on the mortgage.The market value of the home has declined to less than the balance of the loan.Capital & Credit agrees to a sale of the property for this amount.This is
A)a deed in lieu of foreclosure.
B)a home equity loan.
C)a reverse mortgage.
D)a short sale.
Q2) Federal mortgage disclosure requirements apply to the written materials that a lender provides and to any oral representations.
A)True
B)False
Q3) Foreclosure is the postponement,for a limited time,of part or all of the payments on a loan in jeopardy of repossession and sale.
A)True
B)False
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Chapter 14: Small Business Organizations
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Sample Questions
Q1) Limited liability companies (LLCs)are governed by state LLC statutes.
A)True
B)False
Q2) Any partnership can be dissolved by the partners' agreement.
A)True
B)False
Q3) Refer to Fact Pattern 14-2.Mace dissociates from Networx.Luann signs a contract with Physik Drives,a wholesale component supplier,apparently on Networx's behalf.Physik does not know of Mace's dissociation.The contract is binding on
A)Luann,Mace,and Networx.
B)Luann only.
C)Networx only.
D)Physik only.
Q4) Location! Realty LLC is a limited liability company (LLC).Like other LLCs,for federal jurisdictional purposes,Location! Realty is most likely a citizen of A)all states.
B)every state in which its members are citizens.
C)no state.
D)only the state in which it was formed.
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Chapter 14: A: Landmark in the Legal Environment:
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Q1) Belle is an employee of Capital Corporation,a U.S.firm.Dana is an employee of Esta,Ltd.,a European firm.The problem of sexual harassment in the workplace is
A)confined to Europe alone.
B)confined to Europe and the United States.
C)confined to the United States alone.
D)worldwide.
Q2) Heinz Kirche,GmbH,is a German Gesellschat mit beschranker,or "company with limited liability." A significant difference between a GmbH and a U.S.limited liability company (LLC)is that
A)German law imposes many restrictions on the operations of GmbHs.
B)German law imposes no restrictions on the operations of GmbHs.
C)U.S.law requires an LLC to have an operating agreement.
D)U.S.law requires that an LLC be owned by shareholders.
Q3) Wood Works,LLC,is a limited liability company.Unless indicated otherwise on Wood Works's federal tax form,the firm will be taxed as
A)a corporation.
B)a partnership.
C)a sole proprietorship.
D)none of the above.
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Page 19
Chapter 15: Corporations
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Q1) Directors have a right to participate in all board of directors' meetings.
A)True
B)False
Q2) A corporation is a legal entity created and recognized by federal law.
A)True
B)False
Q3) A director must make a full disclosure of any potential conflict of interest that might arise in any corporate transaction.
A)True
B)False
Q4) Before shareholders can bring a derivative suit,they must submit a written demand to the corporation,asking the board of directors to take action.
A)True
B)False
Q5) A corporation formed in another country but doing business in the United States is referred to in the United States as an alien corporation.
A)True
B)False
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Chapter 16: Agency
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Q1) Based on Bluto's conduct,Cass reasonably believes that Dee has the authority to act on Bluto's behalf even though Dee does not have the actual authority to do so.Cass makes a payment to Dee for Bluto.Dee keeps the money and disappears.Bluto
A)can demand that Cass make a repayment directly to Bluto.
B)can obtain damages from Cass for Dee's misconduct.
C)may be estopped from denying that Dee had authority.
D)must repudiate Dee's misconduct to avoid liability.
Q2) Geoff serves in a representative capacity for Huck.To accomplish the objectives of this relationship,Geoff's authority can be implied
A)by contradiction.
B)by custom.
C)by lack of reason.
D)under no circumstances.
Q3) A disclosed principal is not liable to a third party for contracts made by the agent acting outside the scope of his or her authority.
A)True
B)False
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Chapter 17: Employment,immigration,and Labor Law
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Sample Questions
Q1) Only state law governs drug tests of private-sector employees.
A)True
B)False
Q2) Mineral Mining Corporation is a U.S.employer.Mineral,and other U.S.employers,must perform I-9 verifications for new hires who work under the employer's direct supervision
A)excluding contractors and day workers.
B)excluding contractors but including day workers.
C)excluding day workers but including contractors.
D)including contractors and day workers.
Q3) Only the states set safety standards governing workplaces.
A)True
B)False
Q4) Requiring union membership as a condition of continued employment is legal.
A)True
B)False
Q5) An oral promise that an employer makes to employees regarding discharge policy may be considered part of an implied contract.
A)True
B)False
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Chapter 18: Employment Discrimination
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Sample Questions
Q1) Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws.Among these,the most important statute prohibiting discrimination against members of protected classes is
A)the Age Discrimination in Employment Act of 1967.
B)the Americans with Disabilities Act of 1990.
C)the Pregnancy Discrimination Act of 1978.
D)Title VII of the Civil Rights Act of 1964.
Q2) Terminating an employee who uses drugs violates the Americans with Disabilities Act of 1990.
A)True
B)False
Q3) A small difference in job content can justify higher pay for one gender.
A)True
B)False
Q4) Refer to Fact Pattern 18-2.Kit's conduct is most likely a violation of A)no law.
B)the Age Discrimination in Employment Act.
C)the Americans with Disabilities Act.
D)Title VII of the Civil Rights Act.
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Chapter 19: Powers and Functions of Administrative Agencies
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Q1) Rulemaking-the formulation of new administrative regulations-is a major function of Congress,not administrative agencies.
A)True
B)False
Q2) The U.S.Citizenship and Immigration Service issues a rule.Like the rules of other federal administrative agencies,this rule is compiled in
A)the Administrative Register of the Federal Government.
B)the Code of Federal Regulations.
C)the Federal Rules of Civil Procedure.
D)the United States Code.
Q3) Administrative agencies cannot make legislative rules,or substantive rules,that are as legally binding as laws that the Congress passes.
A)True
B)False
Q4) All federal government agencies must make their records available electronically on the Internet.
A)True
B)False
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Chapter 20: Consumer Protection
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Sample Questions
Q1) Food labels are not required to provide standard nutrition facts.
A)True
B)False
Q2) Penny Stock Company faxes ads to Quality Personnel Corporation and other businesses without the recipients' permission.This is A)illegal.
B)legal and smart because such ads are generally cheap.
C)legal but not smart because such ads are generally ineffective.
D)legal but only potentially smart,depending on the response rate.
Q3) Counteradvertising requires a company to advertise the products of its competitor to counter its own false claims.
A)True
B)False
Q4) A debt-collection agency is someone who regularly attempts to collect debts on behalf of someone else,usually for a percentage of the amount owed.
A)True
B)False
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Chapter 21: Protecting the Environment
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Q1) The primary responsibility for implementing air-quality standards rests with the federal government.
A)True
B)False
Q2) State laws may not regulate a business' s disposal of toxic wastes.
A)True
B)False
Q3) Video Products Company operates a DVD manufacturing plant on Wandering River.Discharging pollutants from the plant into the river can result in
A)civil penalties and criminal penalties.
B)civil penalties only.
C)criminal penalties only.
D)no penalties.
Q4) Water-quality standards are set by the states under Environmental Protection Agency supervision.
A)True
B)False
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26
Chapter 22: Real Property and Land-Use Control
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Q1) Elsa,the owner of Fertile Farm,sells Gina a right to camp on Fertile land overnight.Gina's right is
A)a leasehold estate.
B)a license.
C)an easement.
D)a profit.
Q2) Happy Homes Construction Corporation wants to obtain a zoning variance for a part of its property.The variance must not A)compromise the campaign promises of the zoning board members B)include a burden that has a connection to the property.
C)result in a profit for its proponent.
D)substantially alter the essential character of the property.
Q3) Kasper,the owner of Lakeview Farm,and Milt,the tenant of the farmhouse on the property,may create a tenancy for years by A)deed.
B)express contract.
C)implication.
D)sufferance.
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Chapter 23: Antitrust Law and Promoting Competition
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Q1) North Mining Company and South Excavation Company agree to abide by the decisions of East Coast Financial Corporation as to their respective levels of production,markets,and prices,effectively reducing competition and increasing profits.This is most likely
A)a common,legal,time-honored type of business arrangement.
B)an illegal restraint on trade.
C)an innovative,legally efficient approach to doing business.
D)an outdated,but legal business trust.
Q2) Lightning Cycles,Inc.,makes Lightning-brand motorcycles and accessories,which are distributed to authorized dealers,including Macho Motors,Inc.Macho operates dealerships in several locations.Lightning imposes territorial restrictions on Macho to insulate other dealers from direct competition.This is
A)a horizontal restraint.
B)a lateral restraint.
C)a vertical restraint.
D)not a restraint.
Q3) A firm can have monopoly power without violating antitrust law.
A)True
B)False
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Page 28
Chapter 24: Investor Protection and Corporate Governance
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Q1) A corporation whose security does not qualify for an exemption can avoid the cost and complexity associated with registration.
A)True
B)False
Q2) Refer to Fact Pattern 24-3.If Dhani is liable under the Securities Exchange Act of 1934,it will be because the information on which he based his purchase of Eureka stock was
A)a forward-looking forecast.
B)not material.
C)not yet public.
D)not yet true.
Q3) Nouveau Riche Corporation,and its officers,directors,and shareholders,buy and sell securities.SEC Rule 10b-5 applies to
A)only the purchase or sale of a security by a financial corporation.
B)only the purchase or sale of a security involving an officer or director.
C)only the purchase or sale of a security involving a shareholder.
D)the purchase or sale of any security.
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