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Legal Environment of Business Midterm Exam - 1468 Verified Questions

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Legal Environment of Business

Midterm Exam

Course Introduction

The Legal Environment of Business explores the foundational principles and frameworks that govern business operations within the context of law and regulation. Students will examine the role of law in society, contractual obligations, the structure and functioning of the court system, and key areas such as torts, agency, employment law, intellectual property, and government regulation. The course emphasizes practical applications and decision-making, helping students understand how legal considerations affect business strategy, risk management, and ethical leadership. Through case studies and real-world examples, students will gain insight into the challenges and opportunities presented by the legal landscape in both domestic and global business environments.

Recommended Textbook Managers and the Legal Environment Strategies for the 21st Century 7th Edition by Constance E.

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24 Chapters

1468 Verified Questions

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Chapter 1: law, value creation, and risk management

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Sample Questions

Q1) Which of the following is true regarding the criminal law in China?

A) It prohibits businesses from paying bribes to government officials, but a payment of money is not considered a bribe unless the amount is significant.

B) It prohibits businesses from paying any bribes to government officials, regardless of amount.

C) It allows the payment of bribes in any amount to government officials.

D) It allows solvent business to pay bribes in any amount to government officials, but prohibits the payment of bribes by insolvent businesses.

Answer: A

Q2) How does U.S.business law provide worker protection?

Answer: By regulating certain terms and conditions of employment,by requiring the employer to provide certain benefits,and by protecting workers' civil rights.

Q3) Which of the following is NOT a way in which U.S.law protects workers?

A) Through regulating certain terms and conditions of employment

B) Through requiring the employer to provide certain benefits

C) Through protecting civil rights in the workplace

D) Through requiring the provision of educational opportunities to workers

Answer: D

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3

Chapter 2: Ethics ant the law

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Sample Questions

Q1) The Deontological theory focuses on the consequences of an action rather than on the motivation of the individual.

A)True

B)False

Answer: False

Q2) Delaware has a constituency statute.

A)True

B)False

Answer: False

Q3) According to St.Thomas Aquinas,the only true laws were those that followed

A) reasoned law

B) customary law

C) eternal law

D) localized law

Answer: C

Q4) Employees are not stakeholders of a corporation.

A)True

B)False

Answer: False

Page 4

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Chapter 3: Courts, sources of law, and dispute resolution

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Q1) Which of the following was the result at the U.S.Supreme Court level in Wal-Mart Stores,Inc.v.Dukes,the case in the text involving the issue of whether the plaintiffs could proceed with a class action against Wal-Mart alleging sex discrimination?

A) That the plaintiffs would be allowed additional time to establish beyond a reasonable doubt that at least 50% of the plaintiffs involved had suffered sex discrimination at which point a class would be certified.

B) That the issue of whether a class action was appropriate was an issue for the jury's determination.

C) That a class action was appropriate because the plaintiffs had established that the company operated under a general policy of discrimination.

D) That a class action was inappropriate because the plaintiffs had failed to show that the company operated under a general policy of discrimination.

Answer: D

Q2) A cite such as 2004 WL 1208516 may be found on Westlaw.

A)True

B)False

Answer: True

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Page 5

Chapter 4: Constitutional bases for business regulation

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Q1) When equal protection is concerned,classifications based on gender are subject to a[n] ____________ test.

A) rational basis

B) strict scrutiny

C) substantially related

D) gender-based

Q2) Bruce is in charge of the library for a local public school and asks you if he is required to take any action to prevent students from viewing obscene material. What would you tell him?

Q3) In which of the following cases did the U.S.Supreme Court uphold Title II of the Civil Rights Act of 1964 prohibiting discrimination or segregation on the grounds of race,color,religion or national origin in any inn,hotel,motel,or other establishment of more than five rooms that provides lodging to transient guests?

A) Gibbons v. Ogden

B) Reno v. Condon

C) Heart of Atlanta Motel, Inc. v. United States

D) Sweet Dreams Hotel v. United States and State Department

Q4) Under what circumstances is state law preempted in favor of federal law?

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Chapter 5: Agency

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Q1) An agent may bind the principal due to the agent's ________ authority.

A) express

B) implied

C) apparent

D) express, implied, or apparent

Q2) Implied ratification of an agent's unauthorized acts can occur through the silence of the principal.

A)True

B)False

Q3) Which of the following is true regarding respondeat superior?

A) Under that theory, a principal may be liable for not only the contracts but also the torts of its agents.

B) Under that theory, a principal may be liable for only the contracts of its agents, not the torts.

C) Under that theory, a principal may be liable for only the torts of its agents, not the contracts.

D) Under that theory, a principal may not be held liable for either the contracts or torts of its agent unless the principal expressly authorize the agent's actions.

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Chapter 6: Administrative Law

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Sample Questions

Q1) Which categories of documents in the federal government's possession may the government refuse to provide for public inspection under the Freedom of Information Act?

Q2) Formal administrative adjudications at the federal level typically include a prehearing discovery phase.

A)True

B)False

Q3) Which of the following is false regarding the Dodd-Frank Wall Street Reform and Consumer Protection Act?

A) Dodd-Frank will bring about a multi-tier system of banks in which the larger banks are highly regulated but the smaller community banks are not.

B) Dodd-Frank created the Financial Stability Oversight Council.

C) Dodd-Frank significantly curtailed certain powers of the Federal Reserve Board.

D) Dodd-Frank consolidated the Securities and Exchange Commission and the Commodity Futures Trading Commission into one agency.

Q4) As set forth in the text,what are the seven basic steps for working successfully with an administrative agency?

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Chapter 7: Contracts

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Sample Questions

Q1) Identify and discuss the two elements focused on in relation to procedural unconscionability.

Q2) A merger agreement is an agreement between two companies to combine into a single entity.

A)True

B)False

Q3) Contract law is based on which of the following?

A) Case law

B) Statutes

C) Tradition

D) All the responses are correct

Q4) Mutuality of obligation applies only to bilateral contracts.

A)True

B)False

Q5) A minor may ratify a contract after reaching the age of majority. A)True

B)False

Q6) An objective standard is used in determining whether an offer has been made. A)True B)False

Page 9

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Chapter 8: sales,licensing,and e-commerce

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Q1) A proposal by a sales representative that is subject to approval by the home office is not an offer.

A)True

B)False

Q2) If a sales contract requires the seller to ship the goods by carrier and specifies the destination,the risk of loss passes to the buyer

A) when the goods are properly delivered to the carrier.

B) when the carrier tenders the goods to the buyer at the specified destination.

C) when the contract is finalized.

D) when the seller pays for the goods.

Q3) Most courts require that a plaintiff prove reliance on an express warranty in order to recover damages.

A)True

B)False

Q4) Procedural unconscionability is easier to prove in a commercial setting than when an individual consumer is involved.

A)True

B)False

Q5) Indicate how a seller may disclaim warranties under the UCC.

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Chapter 9: Torts and Privacy protection

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Q1) France requires bystanders to try and help those in danger if trying to help will not put the bystanders at risk.

A)True

B)False

Q2) Paul attempted to hit Bruce without good cause; but Bruce ducked,and Paul hit Alice instead. Alice was shocked when she felt the blow because she had been looking the other way and did not see it coming. Which of the following is true regarding the cause of action,if any,Alice would have against Paul?

A) Alice would not have any cause of action against Paul because he hit her by accident.

B) Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault.

C) Based on the theory of transferred intent, Alice would have a cause of action against Paul for assault and battery.

D) Based on the theory of transferred intent, Alice would have a cause of action against Paul for battery.

Q3) Define and explain the theory behind the economic loss rule.

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Chapter 10: product liability

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Sample Questions

Q1) Which of the following is not a theory on which a product liability claim can be based?

A) Negligence.

B) Breach of warranty.

C) Ultrahazardous activity.

D) Strict liability.

Q2) Which of the following members of the chain of distribution cannot be strictly liable in a products lawsuit?

A) The manufacturer.

B) The wholesaler.

C) The retailer.

D) The occasional seller.

Q3) The assumption of risk doctrine makes the manufacturer liable for a resulting injury. A)True

B)False

Q4) Under what circumstances will a successor corporation be held liable in a product liability action under the traditional successor liability rule?

Q5) What are the four basic parts of the rationale for strict product liability?

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Chapter 11: Intellectual property

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Sample Questions

Q1) A descriptive mark that is initially unavailable for protection can still become protectable if it acquires ________ meaning.

A) descriptive

B) geographic

C) personal

D) secondary

Q2) Trade secrets are protected for an indefinite time.

A)True

B)False

Q3) What type of efficiency exists when competition among individual producers drives all but the lowest-cost producers of goods or services out of the market?

A) Allocative

B) Economic

C) Strategic

D) Productive

Q4) A patent holder must personally make use of the invention.

A)True

B)False

Q5) Discuss in detail common law rights,if any,in a trademark in the U.S.

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Chapter 12: The employment agreement

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Q1) The majority of states have refused to adopt the doctrine of self-publication to support a cause of action for defamation.

A)True

B)False

Q2) The Occupational Safety and Health Administration (OSHA)has safety requirements but no requirements regarding recordkeeping.

A)True

B)False

Q3) Because of sufficient federal protection,states have not enacted laws addressing illegal immigration.

A)True

B)False

Q4) Refer to Fact Pattern 12-2. Which of the following would likely enable Paige to keep her insurance with the accounting firm until she is eligible for Medicare?

A) The Health Insurance Portability and Accountability Act

B) The Consolidated Omnibus Budget Reconciliation Act

C) The Employee Security Act

D) The Insurance Protection Act

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Chapter 13: civil rights and employment discrimination

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Questions

Q1) A majority of the federal courts of appeals have struck down claims for hostile work environment in so-called paramour cases where coworkers have claimed that an employee has received preferential treatment by a supervisor has a result of having sexual relations with the supervisor.

A)True

B)False

Q2) Discuss in detail the response of the EEOC in regard to the protection from discrimination of temporary workers supplied by an employment agency along with remedies available to temporary employees suffering discrimination.

Q3) A reasonable accommodation for a disabled employee is required whether or not it would impose an undue hardship on the employer.

A)True

B)False

Q4) If two individuals aged 25 and 35 apply for the same position,under federal law the employer may not lawfully reject either applicant on the basis of age.

A)True

B)False

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Chapter 14: Criminal law

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Q1) Which of the following is false regarding seizures and searches after a traffic stop by a police officer?

A) If a police officer makes a traffic stop that is objectively justified by probable cause to believe a traffic violation has occurred, then it is irrelevant that the police officer might have used the violation only as a pretext to stop the car.

B) Police officers need not inform detained drivers that they are "legally free to go" before asking for consent to search their vehicles.

C) A police officer may order passengers out of a vehicle during the course of a traffic stop.

D) Without driver consent, a police officer can conduct a full car search after issuing a routine traffic citation.

Q2) In relation to the obligation to provide business records and papers for a criminal prosecution,discuss fully the Fifth Amendment protection for such business records and papers in regard to corporations and also in regard to any custodian of such records.

Q3) An arrest is considered a seizure under the Fourth Amendment.

A)True

B)False

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Page 16

Chapter 15: Environmental law

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Sample Questions

Q1) Which of the following was the result before the U.S.Supreme Court in American Electric Power Co.v.Connecticut,the case in the text involving whether eight states,New York City,and land trusts could recover against electric power corporations for contributing to global warming in violation of federal common law and state nuisance law?

A) The court ruled that no cause of action existed under either federal or state law because the case involved a nonjusticiable political question.

B) The court ruled that the plaintiffs could proceed to a jury trial under both federal common law and state nuisance law.

C) The court ruled that a cause of action under federal common law was available but that the plaintiffs could not proceed under state nuisance law.

D) The court ruled that a cause of action under federal common law was foreclosed but remanded the case for consideration of whether state nuisance law would provide a cause of action.

Q2) The BP oil spill in the Gulf of Mexico led to the largest accidental oil spill in history. A)True B)False

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Page 17

Chapter 16: Antitrust

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Q1) Which of the following is true regarding monopoly law in China?

A) Each offense is specifically set forth with no catch-all provisions.

B) It is not used against foreign investors.

C) It prevents behavior classified as abuse of dominant market position.

D) China lacks an anti-monopoly law although drafting has been in process for several years.

Q2) A manufacturer that sells its goods both wholesale and at retail is called a(n)

A) conglomerate merger.

B) dual distributor.

C) essential facility.

D) franchise.

Q3) Which of the following is a component of a market?

A) A product component

B) A geographic component

C) A defined component

D) Both a product component and a geographic component

Q4) Unilateral conduct may violate Section 1 of the Sherman Act under some circumstances.

A)True

B)False

Page 18

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Chapter 17: Consumer Protection

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Q1) The Federal Commerce Commission has adopted guidelines specifying when manufacturers and marketers can label their products "Made in USA."

A)True

B)False

Q2) Which of the following are protected categories under the Equal Credit Opportunity Act?

A) gender, race, color, religion, and national origin

B) gender, race, color, religion, national origin, and age

C) gender, marital status, race, color, religion, national origin, and age

D) gender, marital status, race, color, religion, national origin, age, and residents of disadvantaged neighborhoods.

Q3) Courts usually consider advertisements to be only an offer to deal.

A)True

B)False

Q4) Caveat venditor means,

A) "let the buyer beware."

B) "le the buyer prevail."

C) "let the market decide."

D) "let the seller beware."

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Chapter 18: real property and land use

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Q1) Which of the following sell beneficial shares that are traded in the stock markets and thereby permit small investors to invest in a diversified portfolio of real estate?

A) Real estate investment trusts

B) Real estate mutual funds

C) Land diversification trusts

D) Investment land diversifications

Q2) A title insurance policy does not insure against

A) defects in title.

B) undisclosed liens.

C) defects in warranties.

D) errors in the abstraction of the title.

Q3) A ________ sets forth the general terms and conditions of a proposed purchase until a formal acquisition agreement can be signed.

A) letter of agreement

B) letter of intent

C) form of contract

D) formal delineation

Q4) Compare and contrast joint tenancy and tenancy by the entirety.

Q5) What must a person do to acquire a parcel of land by adverse possession?

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Chapter 19: Forms of business organizations

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Q1) A shareholder's right of appraisal only applies to transactions that were initially subject to shareholder approval.

A)True

B)False

Q2) Which of the following involves settling accounts and liquidating assets of a partnership for the purpose of making distributions and ending the partnership?

A) Debt resolution

B) Bypassing formalities

C) Termination

D) Winding-up

Q3) A corporation can conduct business as a ________ in states other than its state of incorporation.

A) domestic corporation

B) foreign corporation

C) pass through entity

D) alien

Q4) An S corporation cannot have more than one class of stock.

A)True

B)False

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Chapter 20: Directors, Officers, and Controlling

Shareholders

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Q1) What are the seven key factors that directors should consider in deciding whether to sell a company?

Q2) What is a no-shop agreement?

A) An agreement whereby shareholders agree to not replace directors for a certain period of time.

B) An agreement whereby directors agree to not replace officers for a certain period of time.

C) An agreement whereby a target company agrees with a potential purchaser not to actively solicit other bidders but retains the right to negotiate with parties who submit unsolicited bids to the Target.

D) An agreement whereby shareholders agree to not replace directors or officers for a certain period of time.

Q3) In the context of executive compensation,______ stock usually means stock subject to vesting restrictions.

A) regulated

B) restricted C) illegally issued

D) kickback

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Chapter 21: Public and Private Offerings of Securities

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Q1) The Securities Act of 1934 requires continuous disclosure of certain information regarding publicly traded securities.

A)True

B)False

Q2) Which of the following is not an accredited investor under Rule 501?

A) any national bank

B) any director of the issuer

C) any corporation with total assets in excess of $1 million

D) any natural person with a net worth in excess of $1 million

Q3) According to the ________ doctrine,a court may determine that the inclusion of sufficient cautionary statements in a prospectus renders immaterial any misrepresentations and omissions contained therein.

A) actual cause

B) bespeaks caution

C) common sense

D) trap door

Q4) A prospectus is a selling document as well as a disclosure document.

A)True

B)False

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Chapter 22: Securities Fraud and insider trading

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Q1) A person may be liable under Section 16(b)of the 1934 Act if he or she was an officer or director at the time of

A) the purchase.

B) the sale.

C) both the purchase and the sale.

D) either the purchase or the sale.

Q2) Refer to fact pattern 22-1. Is there a basis upon which to hold Frank liable for a securities violation based upon his receipt and use of the information?

A) No because he had no duty toward Food Corporation.

B) Yes, he could be held liable as a tipper.

C) Yes, he could be held liable as a tippee.

D) Yes, he could be held liable as a remote tippee.

Q3) May private plaintiffs,the SEC,or both bring aider and abettor actions under Rule 10(b)? What must be proven? What type of relief may be sought?

Q4) Accountants have to sign a written consent before their audited report can be included in a registration statement.

A)True

B)False

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Page 24

Chapter 23: Debtor-Creditor Relations and Bankruptcy

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Q1) The ________ interest rate is based on the cost of borrowing offshore U.S.dollars in the global interbank market.

A) International Rate Exchange

B) Frankfurt International Trade Rate

C) London Interbank Offered Rate

D) New York Exchange Rate

Q2) In order to arrive at an actual interest rate,a ________ is an amount added to the bank's theoretical cost of obtaining funds to lend.

A) spread

B) base

C) reference

D) security

Q3) A commitment fee is an amount a lender requires as consideration for its promise to keep a commitment to loan available.

A)True

B)False

Q4) What is required in a filing for a voluntary petition in bankruptcy? An involuntary petition?

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Chapter 24: International Business

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Q1) The ________ was created to provide financing for the purchase of U.S.exports.

A) World Bank

B) U.S. Bank

C) Export-Import Bank of the U.S.

D) U.S. Trade Association

Q2) The traditional Islamic rules and laws that regulate Muslim life are called Sharia.

A)True

B)False

Q3) The Department of State administers embargoes imposed on U.S.trade with countries such as Iraq,Cuba,and North Korea.

A)True

B)False

Q4) The members of the European Parliament are elected by the ________ of the member states.

A) legislative branch

B) executive branch

C) citizens

D) Council of Ministers

Q5) What is the act-of-state doctrine,and how is it generally applied by U.S.courts?

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