ETH 321 Final Exam 1. 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 2. Which of the following is true of tort law? It protects people from being tried twice for the same crime. Tort law typically deals with breach of contract. It provides compensation to those workers who have been injured on the job. It sets limits on how people can act and use their resources. 3. Fred takes Betty to dinner at a very expensive and exclusive restaurant The menu does not mention prices The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true?  Fred must pay based on an implied-in-fact contract theory. Fred must pay based on a promissory estoppel theory. Fred must pay based on expressed contract theory. Fred is correct because no contract was formed. 4. Which of the following statements is true of the WARN Act? It requires employers to give notice to an “at will” employee that he/she is being fired. It requires employers to give notice to employees that they are being subjected to polygraph tests. 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. 5. _____________ jurisprudence supports the idea that law can and should change to meet new developments in society.  Sociological Natural Historical Positive law 6. Which of the following is true of the assumption of risks during delivery of goods?  The buyer is responsible for damages to goods when the seller is about to transfer for shipment. The seller is liable for any damages incurred to the goods during shipment. The buyer is liable for any damages incurred to the goods during shipment. The seller is always responsible for shipping the goods to the buyer. 7. A 911 emergency response service needs operators who are bilingual in English and Spanish A few applicants of Spanish origin are rejected due to poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense of the federal government is on the grounds of _______.  inculpatory evidence circumstantial evidence bona fide occupational qualifications exclusionary rule 8. Article 6 of the Treaty on European Union called the Maastricht Treaty states the EU is founded on: private markets rule of law specific performance stare decisis 9. Interpreting Congressional intent which of the following is never a bona fide occupational qualification (BFOQ)? Race Nat ...

1. ETH 321 Final Exam
1. 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
2. Which of the following is true of tort law?
It protects people from being tried twice for the same crime.
Tort law typically deals with breach of contract.
It provides compensation to those workers who have been
injured on the job.
It sets limits on how people can act and use their resources.
3. Fred takes Betty to dinner at a very expensive and exclusive
restaurant The menu does not mention prices The server takes
their order and both Betty and Fred enjoy the meal immensely.
When the bill comes, Fred refuses to pay because the menu had
no prices and because he and the server never engaged in
language indicating and offer and acceptance. The server said,
“Are you ready to order?” and when Fred said “Yes,” the server
merely asked “What may I get you tonight?” Which of the
following is true?
Fred must pay based on an implied-in-fact contract theory.
Fred must pay based on a promissory estoppel theory.
Fred must pay based on expressed contract theory.
Fred is correct because no contract was formed.
4. Which of the following statements is true of the WARN Act?
It requires employers to give notice to an “at will” employee
that he/she is being fired.
It requires employers to give notice to employees that they are
being subjected to polygraph tests.
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.

2. 5. _____________ jurisprudence supports the idea that law can
and should change to meet new developments in society.
Sociological
Natural
Historical
Positive law
6. Which of the following is true of the assumption of risks
during delivery of goods?
The buyer is responsible for damages to goods when the seller
is about to transfer for shipment.
The seller is liable for any damages incurred to the goods
during shipment.
The buyer is liable for any damages incurred to the goods
during shipment.
The seller is always responsible for shipping the goods to the
buyer.
7. A 911 emergency response service needs operators who are
bilingual in English and Spanish A few applicants of Spanish
origin are rejected due to poor English-speaking skills. They
file a complaint on the grounds of discrimination based on
nationality. Their complaint is squashed. Here, the defense of
the federal government is on the grounds of _______.
inculpatory evidence
circumstantial evidence
bona fide occupational qualifications
exclusionary rule
8. Article 6 of the Treaty on European Union called the
Maastricht Treaty states the EU is founded on:
private markets
rule of law
specific performance
stare decisis
9. Interpreting Congressional intent which of the following is
never a bona fide occupational qualification (BFOQ)?
Race
National origin

3. Sex
Religion
10. Ethical formalists maintain that:
the good of the many always supersedes the good of the few.
harm to an individual is allowable as long as it serves a greater
good.
harm to individual rights is never justified by an increase in
organizational or common good.
values are situational and change based on circumstance.
11. The classification of crime is based on ________.
punishment imposed if convicted
prior record
location
the judge’s prerogative
12. Which of the following issues of administrative agencies
relates to the substantive outcome of agencies’ rule-making and
adjudicating authority?
The administrative process is overwhelmed with paperwork and
meetings.
Enforcement of some laws varies over time.
The reward system usually does not make a significant
distinction between excellent, mediocre, and poor performance.
It is very difficult to discharge unsatisfactory employees.
13. Which of the following is true of the use of alternative
dispute resolution (ADR) techniques?
Disputing parties can agree to use an ADR technique after the
dispute arises.
ADR techniques are ineffective once the pretrial process has
begun.
Disputing parties cannot use an ADR technique not specified in
the original agreement.
Disputing parties must begin a lawsuit to use any form of ADR.
14. The crucial issue with the continuity factor of a business’s
organizational form is _______.
the method by which the business can be dissolved
profit distribution

4. the method of customer service observed
management style
15. 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
16. 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.
17. 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.
18. 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.
19. The states have the exclusive power to commerce that
passes that passes across their lines.

5. 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
20. 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
21. Which of the following is true of a violation of trade
secrets’ rights?
One must misappropriate another’s information.
Unauthorized use of another’s information constitutes a
violation of trade secrets’ rights.
One must use another’s information without permission.
Stealing another’s intellectual property violates trade secrets’
rights.
22. 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
23. In a(n) ___________, the shareholders are taxed only on
income distributed.
sole proprietorship
corporation
limited partnership
limited liability company
24. ____________ is a court created rule that limits when courts
can review administrative decisions.

6. The doctrine of estoppel
The doctrine of lapse
The doctrine of exhaustion of remedies
The doctrine of primary jurisdiction
25. 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.
26. The ideas and philosophies that explain the origin of law
and its justification are called:
jurisprudence
stare decisis
torts
rule of law
27. 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
28. 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 party’s behavior as a tort due
to intentional ambiguity of terms.
The court will interpret the terms as they mean in the common

7. language.
The court will reject the non-drafting party’s attempt to
reinterpret the terms after the contract has been signed.
29. Myra offers to sell her home to Hanna for “about $100,000
plus closing costs.” Hanna accepts Myra’s offer, but later a
dispute arises concerning the precise dollar amount of the
purchase price. How will a court resolve this dispute?
The court will appoint a licensed real estate appraiser to
determine the price to be paid by Hanna.
The court will require Hanna to pay the average of her price and
Myra’s price.
The court will declare the purchase price and terms too
indefinite to create a binding contract.
The court will determine a reasonable price to be paid by
Hanna.
30. Hillward Bakers has been using a blue HB logo with a
baker’s hat on the HB since their inception ten years ago.
Hobart Bakers, a newly opened bakery and confectionary chain,
has used the same logo. Hillward has not registered its logo, but
it chooses to sue Hobart anyway. Which of the following is true
of this case?
Hillward can sue Hobart since the logo has been used by
Hillward and is associated with it.
Hillward cannot sue Hobart because logos cannot be patented or
trademarked.
Hillward cannot sue Hobart since the logo has not been
registered as a trademark.
Hobart can defend that Hillward created something that lacks
utility and cannot be trademarked.