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57 Cards in this Set
- Front
- Back
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Inferior Company sells products that are poorly made. Jack, who has never bought an Inferior product, files a suit against Inferior, alleging that its products are defective. The firm's best ground for dismissal of the suit is that Jack does not have
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standing.
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In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.
Question 2 answers |
True
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Trade dress has the same legal protection as trademarks.
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True
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Courts do not depart from precedents.
Courts do not depart from precedents. |
False
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Holly, a lawyer on the staff of International Group, applies the utilitarian theory of ethics in business contexts. Utilitarianism focuses on
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the consequences of an action.
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Modern Clothing, Inc., and National Denim Corporation use the mark "Made by Members of the U.S. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. The mark is
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a collective mark.
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In making business decisions, Owen, a certified financial planner with Private Investment Corporation, attempts to apply his belief that all persons have fundamental rights. This is
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the principle of rights.
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Tom files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute
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imposes a substantial burden on interstate commerce.
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Ace Company manages its employees' retirement benefit plan. With respect to this plan, Ace has
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a fiduciary duty.
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Under the supremacy clause, when there is a direct conflict between a federal and a state law, both laws are given equal effect.
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False
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The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute
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statutory law.
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When there is a direct conflict between a decision by a federal Environmental Protection Agency (EPA) administrator on a matter that comes within the EPA's jurisdiction and a Hawaii state law
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the EPA's decision takes precedence.
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To Opal, the law is a tool for promoting justice. This is a view of what is sometimes called
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the sociological school.
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Businesspersons who would choose to act unethically may be deterred from doing so because of public opinion.
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True
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Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by
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that court and courts of lower rank.
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The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that
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each branch of government has some power to limit the actions of the other branch
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A federal case typically originates in a federal district court.
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True
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Gamma Corporation allows Kappa Company to use Gamma's trademark as part of Kappa's domain name. This is
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a license.
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An arbitrator's award is always the final word on a matter.
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False
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Ohio enacts a transportation statute that impinges on interstate commerce. This statute will be
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balanced in terms of Ohio's interest in regulating a certain matter against the burden placed on interstate commerce.
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Carol files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is
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a motion for summary judgment
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Leo, a resident of Missouri, owns a warehouse in Nebraska. A dispute arises over the ownership of the warehouse with Opal, a resident of Kansas. Opal files a suit against Leo in Nebraska. Regarding this suit, Nebraska has
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in rem jurisdiction.
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In Nebraska, the highest-ranking (superior) law is
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a provision in the Nebraska constitution.
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Under the Constitution, the judicial branch enforces the laws.
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True
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Jill develops a new espresso machine, which she names "Quik Shot." She also writes the operating manual. Jill can obtain trademark protection for
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the name only.
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USA Transport Company uses a mark associated with its name to distinguish its services from those of other transport firms. The mark is
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a service mark.
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In studying business law, Professor Smith's students also study ethics in a business context. Ethics is the study of what constitutes
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right or wrong behavior.
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Tech Company's ad states that "if you aren't using a Tech computer, you aren't using the best." The Federal Trade Commission would consider this ad
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neither false nor misleading.
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Holly files an employment, gender-based discrimination suit against Imperial Corporation under Title VII, on a disparate-impact theory. To succeed, Holly must show that Imperial hires fewer women than the percentage of
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qualified women in the local labor market.
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Packaged Foods Corporation (PFC) employs 1.000 workers in three locations. Under the Norris-LaGuardia Act, PFC's workers have the right to
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organize.
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Owen signs an installment contract with Pixel Video Store to finance the purchase of a new TV for $4,999. This transaction is subject to
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the Truth-in-Lending Act.
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Pat files an employment discrimination suit against Quantity Properties, Inc., under Title VII, based on its discharge of Pat. In these circumstances, possible relief under Title VII includes
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damages or job reinstatement.
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Price discrimination is a per se violation of antitrust law.
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False
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New Town Construction, Inc., wants to build a parking ramp to connect to its New Town Mall, both of which are on private land. For this action, an environmental impact statement is
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unnecessary.
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Beta Communications Corporation, a U.S. firm, signs a contract with Computadores, Ltd., an Argentinean firm, for a shipment and payment for Beta's goods. This is
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direct exporting.
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Sport utility vehicles must meet the same air pollution standards as cars.
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True
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Nina works as an employee for Overland Sales, Inc. To protect Nina and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on
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implied contract and public policy theories.
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Lila retires from her job as a systems analyst for Marketing Solutions, Inc. Lila's Social Security benefits are fixed by statute and will
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automatically increase with the cost of living.
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Gamma Global Trading Corporation imports goods into the United States and exports goods to other countries. Under the U.S. Constitution, Congress can
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tax imports, but not exports.
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America's Best Cannery, Inc. (ABC), is one of many producers of canned seafood. ABC refuses to sell its products to Bayside Restaurant Corporation. This refusal is most likely
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not a violation of antitrust law.
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Under the principle of comity, foreign nations are exempt from the jurisdiction of U.S. courts.
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False
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Delta Services, Inc., is the major wholesale distributor of software in the state of Florida. Its closest competitor is Efficient Systems Company, another Florida firm. The two firms agree that Delta will operate in south Florida and Efficient will operate in north Florida. This is
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a market division.
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Tri-State Distribution Corporation has a staff of ten, which will increase to fifty if it obtains a certain contract. Employers are required to keep occupational injury and illness records for each employee if the employers have
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eleven or more employees.
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Quality Coffee, Inc., processes and sells a variety of coffee products. Quality's product packages must include
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the identity of the product and the net quantity of the contents.
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Market power is a firm's power to affect the market price of its product.
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True
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Federal labor laws cover all workers.
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False
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Force majeure clauses in international business contracts commonly stipulate eventualities that excuse a party from liability for nonperformance.
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True
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During any strike, an employer may hire temporary substitute workers to replace strikers.
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True
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Diners Corporation, a U.S. firm, signs a contract with Essen, A,G., a German firm, to give Essen the right to use Diners' trademark in restaurants in Germany. This is
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licensing.
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At least one court has held that an affirmative action program violated the U.S. Constitution.
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True
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An individual who loses a credit card is limited to liability of $500 per card for unauthorized charges made before the issuer is notified.
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False
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A-One Components, Inc., a manufacturer of vehicle parts, refuses to sell to Best Fix, Inc., a national vehicle service firm. A-One convinces Coastal Motor Parts Company, a competitor, to do the same. This is
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a group boycott.
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AgriEquip Corporation, Best Harvest Company, and Corn Belt Enterprises, Inc., are farm-equipment distributors that control 90 percent of the market for their products in a certain geographic area. The firms agree to sell their products for the same prices. This is
Question 26 answers |
a price-fixing agreement.
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Dan has severe myopia, which is correctable with lenses, Eve is blind, and both work for First National Bank. Considered disabled under the Americans with Disabilities Act
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is Eve only.
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AAA Personnel, Inc., discharges Barb, who feels the discharge is due to her religious beliefs. She decides to file an employment-discrimination suit against AAA. She should contact the Equal Employment Opportunity Commission
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before filing the suit.
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Apple Sweets, Inc., a U.S. firm, enters into an agreement with Belgian Exportes, Ltd., a Belgian firm, to fix the price of chocolate in the U.S. market. Candy, Inc., a U.S. firm, files a suit against both parties, alleging that their agreement violates U.S. antitrust laws. Assuming that the agreement is a per se violation of those laws, a U.S. court could exercise jurisdiction over
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Apple Sweets and Belgian Exportes.
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Gender can be a bona fide occupational qualification.
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True
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