Business law assignment

EXAM 2

BLAW 3570 PROCO

1. If defendant proves that the plaintiff in a nuisance claim “moved to the nuisance”, then:

2. The EPA has the right to review proposed plant construction when:

3. Clean Air Act Amendments of 1970 require:

4. A maximum achievable control technology is required under:

5. The Clean Water Act is a criminal statute when:

6. Acid rain is caused by:

7. The Clean Water Act in 1977 gave authority over drinking water to:

8. Under CERCLA and other relevant legislation, who can be held liable for property site clean-up?

9. An Environmental Impact Statement (EIS) under the Clean Water Act requires the following?

10. Occupational Safety and Health Agency (OSHA) is responsible for:

11. “Caveat Emptor” means:

12. Express warranties are important to the buyer because:

13. Which of the following can be the basis of an express warranty?

14. The Federal Trade Commission is:

15. “Bait and switch” is the term for:

16. Implied warrant of merchantability applies:

17. Implied Warranty of Fitness for a Particular Purpose requires:

18. To eliminate an implied warranty, a seller can simply state with the sale:

19. Who is protected by an implied warrant under Alternative A:

20. Examples of “Unreasonably Dangerous Defective Condition” under Strict Liability include:

21. Strict Liability and Product liability under Negligence Theory includes the same elements except that Negligence Theory requires the additional element of :

22. A legal basis for product liability under contract theory are/is:

23. A legal basis for Product Liability in Tort is:

24. Which of the foregoing examples would be the defense of “assumption of the risk” for an auto manufacturer when sued by a family of a deceased victim of a car accident for faulty breaks:

25. The intellectual property category that includes government or common law protection of written ideas is:

26. The intellectual property category that can only be protected through diligent security measures:

27. Which of the following elements is not required for a Patent to be granted:

28. Patents last:

29. A lawsuit for copyright infringement is:

30. (Fill In The Blank) It is ________ that an artist like Weird Al can play another artist’s song without approval because of __________:

31. Trademarks can be provided for:

32. When a business creates a logo that looks very similar to the Polo logo, Polo may be able to stop the use of the similar logo under the following theory:

33. A trade dress may include:

34. Customer lists and customer data would be considered corporate.

35. If Ford Motor Company published on its web site that GM trucks were made from slave labor in southeast Asia and GM proved that their employees were paid a living wage, this statement would be considered:

36. Covenants not to compete for employees are considered void unless:

37. Why do business likes covenants not to compete:

38. The Sherman Act’s primary focus is to stop businesses from:

39. The Clayton Act’s primary focus is to stop businesses from:

40. A merger between Kia and Ford would be an example of what type of merger?

41. Price fixing is most commonly found in:

42. What is an exception that permits a monopoly?

43. Which governmental organization regulates industry and examines monopoly power?

44. What is a very common occurrence in business today that leads to monopoly investigation?

45. (Fill In The Blank) When examining monopoly power, federal regulators review a company’s _________ power in the company’s ________ market and ________ market to determine if monopoly power exists.

46. Resale price maintenance is:

47. Tying arrangements are defensible when:

48. A company sells product “A” to WalMart at $5 a unit, and Bob’s Local Market at $7 a unit. Which of the following is true:

49. ProMedica acquired St. Luke’s hospital. The FTC has required ProMedica to walk away from the transaction based on monopoly power in northwest Ohio. St. Luke’s hospital has lost money each of the last 5 years. What defense might ProMedica use to fight the FTC ruling:

50. Ultimately, why does the government oppose monopolies?