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Entrepreneurship Law Midterm Exam - 9532 Verified Questions

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Entrepreneurship Law

Midterm Exam

Course Introduction

Entrepreneurship Law explores the legal principles and regulatory frameworks that impact the formation, financing, and growth of new business ventures. The course covers foundational topics such as entity selection, intellectual property protection, contracts, employment law, raising capital, and compliance with local, state, and federal regulations. Students learn how to navigate legal challenges commonly faced by startups, understand the rights and obligations of founders, employees, and investors, and develop practical skills for managing legal risks in entrepreneurial activities. Through case studies and real-world examples, the course prepares students to make informed legal decisions essential to successful entrepreneurship.

Recommended Textbook

The Legal Environment of Business 13th Edition by Roger E. Meiners

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22 Chapters

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Chapter 1: Todays Business Environment: Law and Ethics

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Sample Questions

Q1) In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to others. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:

A) modern day values are changing

B) common law can adapt to changing circumstances

C) common law never changes

D) courts can never go against a precedent set in previous cases

E) none of the other choices

Answer: B

Q2) To resolve disputes between citizens or between citizens and government, which is the most important institution that has evolved?

A) the penitentiary system

B) the diplomatic corps

C) the court system

D) the military

E) all of the other choices

Answer: C

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3

Chapter 2: The Court Systems

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Sample Questions

Q1) Service of process is usually achieved by:

A) impersonal service

B) personal service

C) legal service

D) dramatic service

E) court service

Answer: B

Q2) To get a case into federal court which involves parties from different states, the claim must involve more than $5,000.

A)True

B)False

Answer: False

Q3) A summons can be delivered to the defendant by:

A) the plaintiff

B) the plaintiff's attorney

C) a private process server

D) a U.S. marshal

E) all of the other choices are be correct

Answer: E

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Page 4

Chapter 3: Trials and Resolving Disputes

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Sample Questions

Q1) If a court does not have jurisdiction over the person of a defendant, the defendant may move to have the plaintiff's case dismissed.

A)True

B)False

Answer: True

Q2) In Barabin v. AstenJohnson, where Barabin sued for injury from asbestos, the appeals court held that because the expert witness for Barabin was not reliable, Barabin had to pay AstenJohnson's legal fees from the trial.

A)True

B)False

Answer: False

Q3) When a case is taken to an appellate court, the attorneys for the parties must present both written briefs and oral arguments.

A)True

B)False

Answer: True

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Chapter 4: The Constitution: Focus on Application to Business

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Sample Questions

Q1) In Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council concerning a Virginia law prohibiting the advertising of prices of prescription drugs the Supreme Court held that:

A) people need open channels of communication to be well informed

B) people need to be protected from their own ignorance

C) people need to be protected from false advertising

D) people need to know the laws of advertising

E) none of the other choices are correct

Q2) The Eighth Amendment concerns cruel and unusual punishment and excessive fines.

A)True

B)False

Q3) The most important part of the Constitution with respect to businesses is:

A) the commerce clause

B) the business clause

C) the trade clause

D) the mercantile clause

E) the money clause

Q4) The equal protection clause is part of the Bill of Rights.

A)True

B)False

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Chapter 5: Criminal Law and Business

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Sample Questions

Q1) A serious crime is a:

A) felony

B) misdemeanor

C) stare decisis

D) tort

E) bankruptcy

Q2) What are called "victimless crimes" are actually not crimes at law.

A)True

B)False

Q3) The Sherman Act and Clayton Act (2004) allow prison terms to be imposed on:

A) those involved in burglaries

B) those involved in anticompetitive practices

C) those involved in blue collar crime

D) those involved in drug trafficking

E) none of the other choices are correct

Q4) It is believed that almost all crimes against persons are reported to the police.

A)True

B)False

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Page 7

Chapter 6: Elements of Torts

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Sample Questions

Q1) Joe finds Mary alone in the copy room at work. He closes the door, says "I know you really want me baby," and pins her against the wall, forcing her to be very close to him for 10 minutes while he tells her how much he wants her. She keeps telling him to get away. There:

A) is no tort here; the required elements did not occur

B) is no tort here because Mary was not injured and she could have ducked under his arms and gotten away easily

C) is no tort here because, even though Joe is a jerk in Mary's eyes, he was only kidding and there was no damage

D) is no tort here because Mary should know that Joe is not really dangerous, just a jerk

E) none of the other choices

Q2) The intentional tort of assault requires that:

A) there be physical contact with the body

B) the injured party suffer a "noticeable" physical injury

C) the injured party be detained against his or her will

D) the defendant intended to injure the plaintiff

E) none of the other choices

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Page 8

Chapter 7: Business Torts and Product Liability

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Sample Questions

Q1) In Old Island Fumigation v. Barbee, a fumigation company sprayed two condominiums. Some of the fumes leaked, without Old Island's knowledge, into a third, unprotected condominium. In this case:

A) Old Island was strictly liable for the harms caused in the third condominium

B) the condo owners were strictly liable for their harms

C) the condo owners were contributorily negligent

D) the condo owners were comparatively negligent

E) the condo owners assumed the risk; Old Island was not liable

Q2) In a intentional misrepresentation suit, the facts alleged to have been presented falsely:

A) must be material

B) need not be material

C) must not be material

D) must be unrelated

E) need not be related to the injury

Q3) Producers who do not know of that their products are potentially dangerous, because such dangers are not revealed until after years of use, are not liable for damages.

A)True

B)False

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Chapter 8: Real and Personal Property

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Sample Questions

Q1) Chattel is the traditional term for:

A) personal property

B) real property

C) false property

D) livestock

E) patents

Q2) The tort defined as the intentional and wrongful interference with possession of personal property of another without consent is:

A) battery to property

B) nuisance

C) trespass to personal property

D) conversion

E) none of the other choices

Q3) Commercial leases, compared to residential leases, tend to:

A) be much longer

B) be more controlled by state statute

C) require the landlord to provide most interior furnishings

D) be more likely to be of short duration

E) all of the other choices

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Page 10

Chapter 9: Intellectual Property

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Sample Questions

Q1) Which of the following is part of a notice of copyright:

A) the official name of the work

B) proof of originality

C) the circle-C (©)

D) all of the other specific choices are correct

E) none of the other specific choices are correct

Q2) In Bowman v. Monsanto, where Bowman used Monsanto's patented Roundup Ready seeds and, in violation of the contract provided by Monsanto, kept seeds from his crop to use next year so that the seeds had the genetic composition of the Monsanto seeds. The Supreme Court held that:

A) Monsanto's patent failed for obviousness, so there was no fringement

B) Monsanto's patent failed because it was prior art, so there was no infringement

C) there was no infringement because the seeds were in the public domain

D) none of the other choices

Q3) If artists at Disney draw cartoons as part of their work, the copyright on that work is good for 95 years.

A)True

B)False

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11

Chapter 10: Contracts

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Sample Questions

Q1) An offer that has unclear major terms, or is missing important terms:

A) can be the basis for an implicit, but not express, contract

B) can be the basis for an express, but not implicit, contract

C) cannot be the basis for a contract

D) makes the offeror liable if not executed properly

E) makes the offeree liable if not executed properly

Q2) A contract is a(n) ____ if it arises from the actions rather than the expressions of the parties.

A) explicit contract

B) real contract

C) express contract.

D) real contract.

E) none of the other choices are correct

Q3) The Statute of Frauds holds that if you are going to paint my house two years from today, the contract should be in writing.

A)True

B)False

Q4) A contract formed under conditions of fraud is voidable.

A)True

B)False

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Chapter 11: Domestic and International Sales

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Sample Questions

Q1) Like the common law, the UCC provides that the parties must exchange new consideration to modify an existing sales contract.

A)True

B)False

Q2) If a country has adopted the United Nations' Convention on the Recognition and Enforcement of Foreign Arbitrable Awards then:

A) damage awards from cases tried in its courts cannot exceed $10,000

B) its courts are not bound to recognize and enforce arbitration decisions that have followed proper procedure

C) its courts are unlikely to recognize and enforce arbitration decisions

D) its courts will charge a nominal fee to hear cases

E) none of the other choices are correct

Q3) ____ means that the good "must be of a quality comparable to that generally acceptable in that line or trade."

A) Warrantable

B) Profitable

C) Acceptable

D) Marketable

E) none of the other choices are correct

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Page 13

Chapter 12: Business Organizations

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Sample Questions

Q1) Which of the following statement(s) is (are) true?

A) a partnership may consist entirely of limited partners

B) a limited partner may exercise control over the business in proportion to his interest in it

C) a limited partnership must have at least one general partner

D) all of the other specific choices are true

E) none of the other choices

Q2) Professional corporations are now allowed:

A) in all states

B) in about half the states

C) in some states

D) in a few of the more business friendly states

E) none of the other choices are correct

Q3) It may be difficult to sell a partnership share in a partnership because determining the market value of the share may be difficult.

A)True

B)False

Q4) Franchise operators usually pay a franchise fee to buy the franchise.

A)True

B)False

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Chapter 13: Negotiable Instruments, Credit, and Bankruptcy

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Sample Questions

Q1) Chapter 11 bankruptcies, which are filed by businesses:

A) force the sale of all business assets

B) wipe the slate clean of debts for a business and allow it to continue operating

C) make the business property of the state until liquidated

D) prohibits the firm from starting any new operations, and it must wind up all old business

E) none of the other choices

Q2) Voluntary Chapter 13 bankruptcies:

A) apply to corporations only

B) apply to businesses with debt of more than $1 million

C) permit business to reorganize while paying debt

D) apply to individuals only

E) apply only to corporations with debts of more than $1 million

Q3) In an involuntary bankruptcy, the trustee files the petition for bankruptcy.

A)True

B)False

Q4) Negotiable instruments payable "to bearer" are considered the safest form.

A)True

B)False

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Chapter 14: Agency and the Employment Relationship

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Sample Questions

Q1) In the European Union the regulation governing which country's laws apply to an employment law contract involving multiple nationalities is known as:

A) Greece 1

B) Rome 1

C) European Union 1

D) European Employment Law Regulation

E) none of the other choices are correct

Q2) If an agent commits a tort outside the agent's scope of employment, the agent is liable to the third party for damages incurred.

A)True

B)False

Q3) A person authorized to execute all regular transactions connected with a business is called a:

A) universal agent

B) special agent

C) gratuitous agent

D) subagent

E) none of the other choices

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Chapter 15: Employment and Labor Regulations

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Sample Questions

Q1) Which of the following was concentrated on by early job-safety legislation:

A) accidents

B) injuries

C) deaths

D) a, b and c were all concentrated on by early job-safety legislation

E) none of the other specific choices are correct

Q2) During a union campaign employers may not do which of the following:

A) promise a pay raise if the workers defeat the union

B) argue about the real problems the company sees with unionization

C) discuss the implications of actions proposed by the potential union

D) all of the other specific choices are correct

E) none of the other specific choices are correct

Q3) The main concern of the National Labor Relations Board is with:

A) employers assisting labor organization

B) employers that form unions for their employees

C) the substance contained in collective bargaining agreements

D) all of the other specific choices are major concerns

E) none of the other choices

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Chapter 16: Employment Discrimination

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Sample Questions

Q1) Lucy is the only woman in the police department. Some co-workers make insulting comments about her looks; they display pornographic materials in the offices; and harass her while she is working. After putting up with this for a year, Lucy quit in disgust. She may sue under Title VII based on:

A) constructive discharge

B) remedial standards

C) bona fide occupational qualification

D) disparate impact

E) remedial standards and disparate impact

Q2) Individual states and cities:

A) may not have civil rights acts that apply to employers exempt from Title VII

B) may have civil rights acts that protect additional classes of employees not covered by Title VII

C) may not have civil rights acts that protect additional classes of employees not covered by Title VII

D) may exempt employers from any Title VII regulation

E) none of the other choices are correct

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Chapter 17: The Regulatory Process

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Sample Questions

Q1) The primary source(s) of administrative law include(s):

A) the Legislative Delegation Act

B) the Administrative Procedures Act

C) court decisions reviewing agency decisions

D) the Administrative Procedures Act and court decisions reviewing agency decisions

E) the Administrative Procedures Act and court decisions reviewing agency decisions and the Legislative Delegation Act

Q2) Informal agency procedure may include testing and inspections as well as the processing of permits.

A)True

B)False

Q3) Decisions of Administrative Law Judges may be appealed directly to the Supreme Court.

A)True

B)False

Q4) Over 50 federal regulatory agencies issue tens of thousands of pages of regulations per year.

A)True

B)False

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Chapter 18: Securities Regulation

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Sample Questions

Q1) In order to meet the requirements of the Howey test, an investor must not have direct control over the work that makes the investment a success or failure.

A)True

B)False

Q2) Accredited investors often buy private placement securities through Small Corporate Offering Registration (SCORs), which can be as small as a $1 million offering.

A)True

B)False

Q3) What is not an element in the Supreme Court's SEC v. Howey definition of securities:

A) an investment of money

B) in a common enterprise

C) where profits are earned

D) enterprise is managed by others

E) all of the other choices are part of the definition

Q4) Securities fraud can arise from misleading information reports for the SEC. A)True B)False

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Page 20

Chapter 19: Consumer Protection

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Q1) Under the Truth-in-Lending Act, if a creditor violates disclosure requirements, liability will be imposed only if monetary damages to the consumer can be shown.

A)True

B)False

Q2) Under the Fair Credit Billing Act, if consumers notify the card company immediately of a stolen or lost credit card, their liability for unauthorized losses is $500.

A)True

B)False

Q3) According to the FTC, which of the following things would indicate a unfair act or practice:

A) the act or practice causes substantial harm to consumers

B) consumers cannot reasonably avoid injury

C) the injury from the act or practice is harmful in its net effects

D) all of the other specific choices are correct

E) none of the other specific choices are correct

Q4) The FDA issues standards for nutrition labels on food.

A)True

B)False

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Chapter 20: Antitrust Law

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Sample Questions

Q1) Some activities of nonprofit groups and agricultural cooperatives are exempt from the antitrust laws.

A)True

B)False

Q2) The wholesaler of Soap Opera Review is found guilty of monopolistic practices that caused the price of the magazine to be $1 higher than it should have been. Under the Sherman Act, the plaintiff may sue for:

A) for treble damages plus court costs and attorney fees

B) for $1 worth of damages, trebled to $3

C) for a criminal felony only

D) for specific performance only

E) for nominal damages only

Q3) Horizontal market division allows competing firms to:

A) be more efficient

B) exercise monopoly power within a region

C) hire fewer workers

D) give better worker benefits

E) diversify into more markets

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22

Chapter 21: Environmental Law

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Sample Questions

Q1) If a state designates a body of water for recreation:

A) treated water dumped into the lake must be clean enough to drink

B) only substance known to cause cancer must be removed before water is dumped in C) treated water dumped into the lake must be clean enough not to harm boat engines

D) water need not be treated before being dumped in

E) none of the other choices are correct

Q2) Hazardous wastes are placed into water or land at:

A) storage facilities

B) transformation facilities

C) treatment facilities

D) neutralizing facilities

E) none of the other choices are correct

Q3) The 1990 Clean Air Act required the EPA to develop regulatory standards for about 191 toxic air pollutants.

A)True

B)False

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23

Chapter 22: The International Legal Environment of Business

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Sample Questions

Q1) Willfully violating the Export Administration Act could result in:

A) up to 50 years in prison

B) up to 20 years in prison

C) a lifetime prison sentence

D) deportation

E) loss of citizenship

Q2) Which of the following countries is not a member of the North American Free Trade Agreement:

A) Canada

B) Brazil

C) Mexico

D) U.S.

E) all of the other choices are members

Q3) The Department of Commerce maintains a Restricted Export Security List (RESL) that states what goods are restricted in sales to other nations.

A)True

B)False

Q4) Denmark is rated the least corrupt nation in the world.

A)True

B)False

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