ETH 321 FINAL EXAM

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1

​Which of the following statements is true of a grand jury?

· Correct Answer

​A grand jury has the authority to subpoena business records relevant to a lawsuit.

· Correct Answer

​A grand jury determines whether the accused in a lawsuit is innocent or guilty.

· Correct Answer

​At least 20 members should be present on a grand jury to examine evidences and vote on a case.

· Correct Answer

​For an indictment to be returned, only one-third of a grand jury needs to agree that a crime has been committed.

2

Alan and Miriam are engaged in a debate on the importance of intellectual property rights. While Alan holds the view that intellectual property protection safeguards the interests of businesses, Miriam thinks that it ultimately puts businesses at a disadvantage by hampering the dissemination of information. Which of the following arguments is most likely to be raised by Alan to strengthen his proposition?​

· Correct Answer

​Intellectual property rights reduce the pace of research and development drastically.

· Correct Answer

​Intellectual property rights result in an increased availability of products.

· Correct Answer

​Intellectual property rights reduce businesses’ market share by facilitating competition.

· Correct Answer

​Intellectual property rights allow businesses to charge premium prices for their products.

3

​According to the __________, the acceptance of an offer results in a binding contract only if it exactly matches the terms of the offer.

· Correct Answer

​mirror image rule

· Correct Answer

​parol evidence rule

· Correct Answer

​exclusive remedy rule

· Correct Answer

​mailbox rule

4

The __________ enacted in 1938 established minimum wage, overtime pay, and record-keeping requirements.​

· Correct Answer

​Uniformed Services Employment and Reemployment Rights Act

· Correct Answer

​Family and Medical Leave Act

· Correct Answer

​Fair Labor Standards Act

· Correct Answer

​Worker Adjustment and Retraining Notification Act

5

The term __________ refers to the placing of an individual in immediate apprehension for his or her physical safety.​

· Correct Answer

​defamation

· Correct Answer

​conversion

· Correct Answer

​assault

· Correct Answer

​battery

6

The term __________ refers to any change in the ownership of a business organization that would alter its legal existence.​

· Correct Answer

​dissolution

· Correct Answer

​consideration

· Correct Answer

​rescission

· Correct Answer

​conversion

7

Which of the following statements is true of the Securities and Exchange Commission?​

· Correct Answer

​Its members are appointed by the senate for a term of four years.

· Correct Answer

​It is responsible for implementing the federal securities laws.

· Correct Answer

​It lacks the authority to frame rules regarding transactions of securities.

· Correct Answer

​Its members are either lawyers or security analysts.

8

A system of equally applied law is a necessity for the foundation of a strong, productive economy because it:​

· Correct Answer

​allows economically strong nations to exploit the resources of weaker nations.

· Correct Answer

​incentivizes private businesses to restrict job opportunities for well-educated people.

· Correct Answer

​encourages strangers to make agreements on certainty and trust.

· Correct Answer

​prohibits individuals from trading in modern private markets.

9

​Which of the following scenarios illustrates a formalist approach to business decisions?

· Correct Answer

​Selling products by deceiving customers about possible negative aspects of the products

· Correct Answer

​Monitoring employee browsing history without their consent to curb non-productive activities

· Correct Answer

​Informing new customers about delays in production schedules

· Correct Answer

​Assigning significantly high productivity targets to reduce costs

10

A(n) __________ refers to the individual or business entity offering a security for sale to the public.​

· Correct Answer

​controlling person

· Correct Answer

​seller

· Correct Answer

​issuer

· Correct Answer

​underwriter

11

​Windy and Ruby plan to present a paper on intellectual property rights. They decide that Windy will present the arguments in favor of intellectual property rights and that Ruby will argue how intellectual property rights could be detrimental to businesses and their customers. Which of the following is most likely to be Ruby’s argument?

· Correct Answer

​Intellectual property rights reduce businesses’ prospects of economic return on investment.

· Correct Answer

​Intellectual property rights reduce the pace of research and development drastically.

· Correct Answer

​Intellectual property rights result in a decrease in the availability of products.

· Correct Answer

​Intellectual property rights do not allow businesses to charge premium prices for their products.

12

Which of the following statements is true of white-collar crimes?​

· Correct Answer

​They are usually committed for personal financial gain.

· Correct Answer

​They rarely affect consumers of a business.

· Correct Answer

​They rarely occur in business environments.

· Correct Answer

​They are dependent on the threat of physical force.

13

​Which of the following scenarios illustrates a bilateral contract?

· Correct Answer

​Grapevine Inc. follows a five-day workweek system and also offers a compressed workweek option.

· Correct Answer

​Sameera, a writer, signs a contract with her publisher to publish her book.

· Correct Answer

​Helen, a painter, signs a contract with an art gallery that agrees to purchase her painting for $2000.

· Correct Answer

​The management of Uno Inc. offers additional benefits to its employees annually.

question14

The Equal Employment Opportunity Commission was created through the __________.​

· Correct Answer

​National Labor Relations Act

· Correct Answer

​Civil Rights Act

· Correct Answer

​Age Discrimination in Employment Act

· Correct Answer

​Americans with Disabilities Act

15

Concerted efforts to lobby government officials, irrespective of their anticompetitive purposes, are given an exception from the Sherman Act under the __________.​

· Correct Answer

​overbreadth doctrine

· Correct Answer

​Colgate doctrine

· Correct Answer

​Noerr-Pennington doctrine

· Correct Answer

​incorporation doctrine 

16

​A __________ is the simplest and least expensive business institution to create.

· Correct Answer

​limited liability company

· Correct Answer

​partnership

· Correct Answer

​sole proprietorship

· Correct Answer

​corporation

17

In a state court system, lawsuits filed by parties typically begin at the __________.​

· Correct Answer

​federal district court level

· Correct Answer

​appellate court level

· Correct Answer

​trial court level

· Correct Answer

​supreme court level

18

According to the Commerce Clause, the power to regulate interstate commerce is vested with __________.​

· Correct Answer

​state governments

· Correct Answer

​state-level courts

· Correct Answer

​the federal government

· Correct Answer

​the U.S. Supreme Court

19

A business decision maker’s decision is more likely to raise ethical concerns in a society where:​

· Correct Answer

​there is an increase in demand for public education.

· Correct Answer

​the family structure is stable.

· Correct Answer

​the news media and the Internet have significant influence.

· Correct Answer

​there is a decrease in economic interdependence.

20

​How does law hold diverse people of different backgrounds into large, organized groups?

· Correct Answer

​It prevents enforcement institutions from enforcing written rules on strangers.

· Correct Answer

​It tells the members of a society what they can and cannot do.

· Correct Answer

​It discourages people from making agreements based on certainty and trust.

· Correct Answer

​It allows strangers to adopt rules that support their beliefs.

21

Courts determine whether the language of an offer was clear enough to result in a contract by:​

· Correct Answer

​examining the objective intent of the offeror.

· Correct Answer

​investigating whether an offeree actually accepted the offer.

· Correct Answer

​examining the adequacy of the consideration offered.

· Correct Answer

​analyzing whether the terms of the acceptance matches the terms of the offer.

22

​Who among the following individuals commits a battery?

· Correct Answer

​Amanda, who fires her employee Trevor without any notice and causes him severe mental distress

· Correct Answer

​Yuki, who injures her boss Reese with a knife and inflicts serious injuries on him

· Correct Answer

​Joan, the customer care manager in a retail store, who verbally threatens a customer who calls to complain about a faulty product

· Correct Answer

​Vincent, the CEO of Gregon Inc., who pays media firms to circulate false information about Gregon’s chief competitor

23

Fuzo Inc., a manufacturer of leather bags, enters into a contract with a firm regarding the installation of a machine in Fuzo’s factory. Fuzo agrees to pay $1000 for the machine and another $200 as the installation charge. In this scenario, the terms of the sale will be covered under __________.​

· Correct Answer

​the Federal Arbitration Act

· Correct Answer

​the Uniform Commercial Code

· Correct Answer

​the Foreign Corrupt Practices Act

· Correct Answer

​the Internal Revenue Code

24

The term __________ refers to the act of referring a matter to arbitration.​

· Correct Answer

​submission

· Correct Answer

​settlement

· Correct Answer

​litigation

· Correct Answer

​conflict

25

__________ is a legal remedy to a breach of contract by which each party to the contract returns the consideration offered by the other.​

· Correct Answer

​Arbitration

· Correct Answer

​Specific performance

· Correct Answer

​Negotiated settlement

· Correct Answer

​Rescission

26

​Which of the following statements is true of alternative dispute resolution (ADR) systems?

· Correct Answer

​ADR systems increase the costs incurred during the litigation process.

· Correct Answer

​The parties to a dispute need not present the case to a jury before opting for ADR systems to settle the dispute.

· Correct Answer

​ADR systems cannot be used for dispute resolution in contractual relationships unless they are specified in the contract.

· Correct Answer

​The litigation process precludes the use of ADR systems.

27

The __________ is the constitutional provision that details the federal government’s power to regulate business activities.​

· Correct Answer

​Commerce Clause

· Correct Answer

​liquidated damages clause

· Correct Answer

​equal protection clause

· Correct Answer

​supremacy clause

question28

Which of the following legal remedies to a breach of contract allows the parties to the contract to agree to abide by the decision of a third party or parties?​

· Correct Answer

​Arbitration

· Correct Answer

​Specific performance

· Correct Answer

​Negotiated settlement

· Correct Answer

​Rescission

29

__________ refers to an agreement made between competitors in an industry to fix prices of their products.​

· Correct Answer

​Horizontal price fixing 

· Correct Answer

​Resale price fixing

· Correct Answer

​Indirect price fixing

· Correct Answer

​Vertical price fixing

30

The petition for a writ of certiorari by the losing party of a litigation will be reviewed by the U.S. Supreme Court:​

· Correct Answer

​if the winning party agrees to subsequent reviews.

· Correct Answer

​if the federal district courts and the courts of appeal correct the judicial errors charged against the state court.

· Correct Answer

​if at least one of the nine justices vote to take the case.

· Correct Answer

​if there is a major conflict between the trial and appellate courts on the interpretation of federal law.