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ETH 321 Final Exam
ETH 321 Final Exam
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Civil enforcement powers regarding federal antitrust matters belong to _______.
the Treasury Department
the Department of Revenue and Taxation
the FTC and the Department of Justice
the Department of Labor
It requires employers to give notice to employees that an unscheduled drug test will be conducted for all
employees.
It requires employers to give notice of a scheduled mass layoff.
_____________ jurisprudence supports the idea that law can and should change to
meet new developments in society.
Sociological
Natural
Historical
Positive law
profit distribution
the method of customer service observed
management style
The ___________ holds that contracts or conspiracies in restraint are illegal only if
they constitute undue or unreasonable restraints of trade and that only
unreasonable attempts to monopolize are covered by the Sherman Act.
rules of per se legality
Parker v. Brown doctrine
duty to deal doctrine
rule of reason
Interest-based negotiations are superior to position-based negotiations
because:
the difference between the interests of the parties is often large.
interest-based negotiation requires the presence of a judge or magistrate.
position-based negotiation is often only concerned with preparing for litigation.
interest-based negotiations allow room for consideration of non-factual concerns, such as relationships
and long-term interests.
The determination that a crime has been committed and that evidence is
sufficient to warrant the accused standing trial is known as:
nolo contendere.
indictment.
double jeopardy.
probable cause.
Which of the following is true under the regulations of interstate commerce?
Regulation on any activity is appropriate if it aids interstate commerce.
Activities affecting interstate commerce do not come under the power of the deferral government.
Intrastate activities affecting interstate commerce can be regulated only by the state governments.
The states have the exclusive power to commerce that passes that passes across their lines.
Finishing the construction of a home two days after the contract called for
completion (no injury occurs) most likely will be considered _______.
significant performance
substantial performance
breach of contract
implied performance
Frequent, abusive, threatening phone calls by creditors are most likely to
provoke the basis for a claim of _____________.
intentional infliction of emotional distress
malicious representation
misrepresentation
false imprisonment and malicious prosecution
Which of the following is true of a violation of trade secrets rights?
One must misappropriate anothers information.
Unauthorized use of anothers information constitutes a violation of trade secrets rights.
One must use anothers information without permission.
Stealing anothers intellectual property violates trade secrets rights.
Which of the following states that parties to a written contract may not
introduce oral evidence to change written terms?
The parol evidence rule
Concurrent conditions
Conditions subsequent
The statute of frauds
In a(n) ___________, the shareholders are taxed only on income distributed.
sole proprietorship
corporation
limited partnership
limited liability company
____________ is a court created rule that limits when courts can review
administrative decisions.
The doctrine of estoppel
The doctrine of lapse
The doctrine of exhaustion of remedies
The doctrine of primary jurisdiction
An employee at-will can be fired for which of the following?
Making public statements about the hazardous working conditions in a company.
Making public the fact that the employer was cheating the government on a defense contract.
Taking time off from work to care for a dependent without informing the employer.
Taking time off from work to serve on jury duty after the boss asked the employee to request a waiver.
The ideas and philosophies that explain the origin of law and its justification are
called:
jurisprudence
stare decisis
torts
rule of law
Federal law and business leaders alike favor ____________ as a means of governing
private business ethics.
establishment of federal regulators in all private companies to establish and enforce ethical standards
self-regulation by companies
giving the federal government exclusive jurisdiction regarding ethics and ethics violation enforcement
creating uniform statutes of business ethics
Which of the following is true in cases where only one party drafts the contracts
that contain terms that appear vague and ambiguous to the other party?
The court will interpret the ambiguous and vague terms against the party that drafts them.
The court will declare the drafting partys behavior as a tort due to intentional ambiguity of terms.
The court will interpret the terms as they mean in the common language.
The court will reject the non-drafting partys attempt to reinterpret the terms after the contract has been
signed.
Myra offers to sell her home to Hanna for about $100,000 plus closing costs.
Hanna accepts Myras offer, but later a dispute arises concerning the precise
dollar amount of the purchase price. How will a court resolve this dispute?