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LAW 531T Apply Week 1 Assessment (100% Correct)
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WEEK 1 APPLY ASSESSMENT LAW 531
1) In the context of a court case process, what is the definition of
mediation?
Request for higher court to review a case
Using a third party (specifically) to resolve a dispute
Use of a third party to resolve a dispute, often legally binding
Changing a trial court’s decision

affirmation?
Ratification of a trail court’s decision.
Changing a trial court’s decision.
Using compromise to settle a dispute.
Returning a case to a trail court for resolution.
rejoinder?

Decision of the jury.
Decision of the court.
Request for a higher court to review a case.
Defendant’s answer to the plaintiff.
impeachment?
Plaintiff’s challenge to defendant’s claim
No other explanation can be derived from the facts- evidence.

Reducing the integrity of a witness’s claim
Restoring credibility to a witness’s claim.
defendant?
Court order to appear in trail.
Decision of the jury.

The target of a complaint.
Restoring credibility to a witness’s claim.
sequestered?
First-sight evidence.
Evidence assuming assent of the reasonable person.
First-sight evidence.
A jury is separated from the community during a trial.

deposition?
A jury is enlisted.
Summoning of potential jurors.
Testimony out of court during pretrial investigation
Determination of jurors’ fitness for jury duty.
default?

Failure to the defendant to fulfill on obligation.
Court order to appear in trail.
The target of a complaint.
Filer of a complaint.
9) After a tragic event in which an armed intruder storms into a
mall and fatally shoots several people, the city of Belmonte institutes a
law that prohibits any form of weapon in public retail establishments.

This retain would be an example of following which school of
jurisprudential thought?
Sociological
Command
Irrational Forces
Historical Perspective
10) Laws that are meant to promote free trade and market efficiency
likely fall under which school of jurisprudential thought?
Irrational Forces

Command
Law and Economics
Natural Law
11) A new law is established in the town of Avery that promotes
affirmative action employment for trans-gender and homosexual
individuals. This law would be in pursuance of the tenets of ____ School
of jurisprudential thought.
Law and economics
Sociological
Irrational Forces

Historical
12) Which jurisprudential school of thought relies the most upon
precedent in establishing law?
Sociological
Natural Law
Historical
Law and economics
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Week 2 Apply Assessment
Below is a copy of a 2005 complaint filed by the U.S. Justice
Department against the Zeon Chemical company for antitrust violations.
Read through the complaint and answer the following questions.
You have ONE attempt at this Apply Assessment. There is no time limit
but you must finish and submit your answers by the due date and time.
That means that if you start this assessment too late in the week and you
are still working on it when the due date and time are reached, the
assessment will automatically submit with what you have finished and
any unanswered questions will be counted as incorrect. Do not wait
until the last minute. Start the assessment early and use the time to look-
up material that you need to consult so that you can answer the question.
__________________________________________________________
____________________

BARBARA J. NELSON (CSBN 87952)
BRIGID S. BIERMANN (CSBN 231705)
Antitrust Division
No. CR 05 0017 SI
INFORMATION
VIOLATION:
Title 15, United States Code,

Section 1 (Price Fixing)
San Francisco Venue
The United States of America, acting through its attorneys, charges:
I. DESCRIPTION OF THE OFFENSE
1. ZEON CHEMICALS L.P. is made a defendant on the charge stated
below.
2. Beginning on or about May 14, 2002, and continuing until on or about
December 31, 2002, defendant and co-conspirators participated in a
combination and conspiracy to suppress and eliminate competition by
increasing and maintaining the price of acrylonitrile-butadiene rubber
(“NBR”) sold in the United States and elsewhere. The combination and
conspiracy engaged in by the defendant and co-conspirators was in
unreasonable restraint of interstate and foreign trade and commerce in
violation of Section 1 of the Sherman Act (15 U.S.C. § 1).

3. The charged combination and conspiracy consisted of a continuing
agreement, understanding, and concert of action among the defendant
and co-conspirators, the substantial term of which was to suppress and
eliminate competition by increasing and maintaining the price of NBR in
the United States and elsewhere.
4. For the purpose of forming and carrying out the charged combination
and conspiracy, the defendant and co-conspirators did those things that
they combined and conspired to do, including, among other things:
1. participating in conversations and meetings
to discuss prices of NBR to be sold in the United States and elsewhere;
2. agreeing, during those conversations and
meetings, to raise and maintain prices of NBR to be sold in the United
States and elsewhere; and
3. issuing price announcements and price
quotations in accordance with the agreements reached.
II. DEFENDANT AND CO-CONSPIRATORS

5. The defendant is an entity organized and existing under the laws of
the state of Delaware, with its principal place of business in Louisville,
Kentucky. During the period covered by this Information, the defendant
and its subsidiaries sold NBR in the United States and elsewhere.
6. Various corporations and individuals, not made defendants in this
Information, participated as co-conspirators in the offense charged
herein and performed acts and made statements in furtherance of it.
7. Whenever in this Information reference is made to any act, deed, or
transaction of any corporation, the allegation means that the corporation
engaged in the act, deed, or transaction by or through its officers,
directors, employees, agents, or other representatives while they were
actively engaged in the management, direction, control, or transaction of
its business or affairs.
III. TRADE AND COMMERCE
8. NBR is used to manufacture, among other things, hoses, belting,
cable, o-rings, seals, adhesives, and sealants.
9. During the period covered by this Information, the defendant and co-
conspirators manufactured, sold, and distributed NBR in a continuous
and uninterrupted flow of interstate and foreign trade and commerce to
customers located in states or countries other than the states or countries
in which the defendant and co-conspirators produced NBR.

10. The business activities of the defendant and co-conspirators that are
the subject of this Information were within the flow of, and substantially
affected, interstate trade and commerce.
IV. JURISDICTION
11. The combination and conspiracy charged in this Information was
carried out, in part, in the United States within the five years preceding
the filing of this Information.
1. What is the stated cause of action?
o an attempt to suppress and eliminate
competition
o combination and conspiracy to increase and
maintain the price of NBR

o unreasonable restraint of interstate and
foreign trade and commerce
o all of the above
15 / 15 (100.0%)
2. Which antitrust law did the defendant
violate?
o Clayton Act
o Taft-Hartley Act
o Federal Trade Commission Act

o Sherman Act
14 / 14 (100.0%)
3. Which of the following is NOT an element
of this complaint?
o a description of the defendant and co-
conspirators
o an explanation of the offense
o a description of the legal action that will be
taken against the defendant

o a conclusion that the defendant’s actions
significantly affected interstate commerce
14 / 14 (100.0%)
4. Which of the following was an illegal act by
the defendant?
o embezzling funds to maintain their business
structure
o participating in conversations and
agreements with co-conspirators to maintain the price of their product
o raising the price of their product

o using deceptive practices to lie to consumers
about the actual price of the product
14 / 14 (100.0%)
5. This is an example of which type of trade
restraint?
o horizontal
o vertical
o monopoly
o none of the above

14 / 14 (100.0%)
6. Which method did Zeon Chemicals L.P. use
to restrain trade, based on the complaint?
o division of markets
o exclusive dealing agreement
o price fixing
o all of the above

14 / 14 (100.0%)
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1. Use the following information to answer questions 1–5.
MakerMan Manufacturing creates heavy-duty hand tools. It produces a
new collapsible hammer called the SmackN’Stash. One of the first
purchasers of the hammer, Rob, is using it at a construction site when
the hammer’s head flies off and injures his coworker Cliff.
How does the concept of strict liability apply to this situation?
o Product liability torts require Rob to show that one or more of
the design or manufacturing elements is defective.

o When companies sell defective products to consumers who are
injured, liability will result without having to show that the manufacturer
breached the duty of care.
o Anyone who is injured by a defective product may sue the
manufacturer, merchants, and all others who handled the product.
o While using a collapsible hammer is a dangerous activity, it is
not of the type of danger that would subject MakerMan to strict liability.
17 / 17 (100.0%)
2. How does the concept of strict product liability apply to this
situation?
not of the type of danger that would subject MakerMan to strict product
liability.

o Even if there is no defect in the product, the company may be
responsible for failure to warn users how the product should be used.
breached the duty of care.
17 / 17 (100.0%)
3. How does the concept of privity of contract apply to this
situation?
breached a contract with the customer.

17 / 17 (100.0%)
4. How does the concept of defective design/manufacturing apply
to this situation?
breached the duty to warn.

not of the type of danger that would subject MakerMan to take care to
avoid defective design or manufacturing.
17 / 17 (100.0%)
5. How does the concept of manufacturer’s duty to warn apply to
this situation?
not of the type of danger that would subject MakerMan to warning
consumers about the product.
breached the duty to warn.

17 / 17 (100.0%)
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Week 4 Apply Assessment
It’s time for the Bizlaw County auction! For each of the auction items
listed below, you will (1) determine which type of property the item is
and (2) give an identifier that further describes the nature of the item.
A. A ring Hugh received from his grandmother several months before
she died
B. A motorbike Ned got from the Harley-Davidson store for $53,000

C. A motorless army jeep left on the plot of land Corey bought
D. A pair of high-quality cleats that Candace found on the football field
after a game
E. A Sony Walkman that Mary left in her will for her nephew, Zeppelin
F. The lyrics to an unpublished song that famous rapper 11 Nickels
gave to his daughter when he retired
1. Which type of property is item A?
A ring Hugh received from his grandmother several months before she
died
2. Which identifier describes the nature of item A?

A ring Hugh received from his grandmother several months before she
died -
3. Which type of property is item B?
A motorbike Ned got from the Harley-Davidson store for $53,000 –
purchase
4. Which identifier describes the nature of item B?
A motorbike Ned got from the Harley-Davidson store for $53,000 –
5. Which type of property is item C?
A motorless army jeep left on the plot of land Corey bought –
6. Which identifier describes the nature of item C?

A motorless army jeep left on the plot of land Corey bought –
7. Which type of property is item D?
A pair of high-quality cleats that Candace found on the football field
after a game-
8. Which type of property is item D?
A pair of high-quality cleats that Candace found on the football field
after a game –
10. Which type of property is item E?

A Sony Walkman that Mary left in her will for her nephew, Zeppelin
11. Which type of property is item E?
A Sony Walkman that Mary left in her will for her nephew, Zeppelin –
Gift
12. Which identifier describes the nature of item F?
The lyrics to an unpublished song that famous rapper 11 Nickels gave to
his daughter when he retired –

13. Which of the following is not true of offers? - An offeree’s silence
may be counted as an agreement.
14. Which of the following constitutes grounds for canceling a contract?
- Mutual mistake of fact
15. ___________ damages are designed to punish someone for
breaching a contract and are usually only available in fraud or bad faith
cases.
16. Which of the following contracts is required to be in writing? - A

17. A valid contract must include all of the following except which one?
-
18. The __________ rule states that an offer made by one merchant to
another may remain open for a set time during which it cannot be
revoked. –
19. A person who owes a duty under a contract is called a (n)
_________. –
20. A person who is owed a right under a contract is called a (n)
.....................................................................................................................
......................................... ________
1. Use the following information to answer questions 1–3.

Darwin is a 60-year-old software engineer for Compuswerve, Inc.
Recently, the company went through a reorganization process meant to
revamp the business and the work it does. The directors want to rework
the company as a fresh, hip business with cutting-edge knowledge from
young, creative-minded employees. Obviously, Darwin doesn’t fit into
the directors’ vision, so the managers wish to replace him. Sure enough,
a few weeks later Compuswerve hires some new employees, and Darwin
is offered a severance plan and dismissed.
Which of the following, if true, would legally support the company’s
decision to fire and replace Darwin? Check all that apply.
o if Darwin had another job offer elsewhere
o if the company was a private (non-governmental) organization
o if there were more highly skilled workers in the organization
who could take his place
o if the company had fewer than 20 employees
o if Darwin planned to retire in less than five years
o if Darwin was unable to perform the essential functions of his job

o if Darwin needed a reasonable accommodation to perform his job
due to a disability
2. Which law prevents employees like Darwin from discrimination
in employment?
o affirmative action
o ADEA
o Title VII
o ADA

3. Are the company’s actions permissible, considering its mission
and vision?
o No, because Darwin was treated less favorably than younger
employees based solely on his age.
o Yes, because age is not a protected class in employment law.
o No, because Darwin was not given compensation or allowed
adequate time to find another job.
o Yes, because the company is private and therefore has the right
to hire or fire whomever they want to.
4. Visit the National Labor Relations Board website and explore the
tabs on the website to answer questions 4–7. Additionally, please

explore recent cases and decisions to learn more about what the NLRB
does.
Who is the chairman of the NLRB?
John F. Ring
5. What does the NLRB do? Select all the main functions of the
board.
o enforce orders
o facilitate settlements
o decide cases

o draft legislation
o investigate charges against employers
o conduct elections
o file charges against employers
Conduct elections: The National Labor Relations Act provides the legal
framework for private-sector employees to organize bargaining units in
their workplace, or to dissolve their labor unions through a
decertification election.
Investigate charges: Employees, union representatives, and employers
who believe that their rights under the National Labor Relations Act
have been violated may file charges alleging unfair labor practices at
their nearest NLRB regional office.

Facilitate settlements: When a charge is determined to have merit, the
NLRB encourages parties to resolve cases by settlement rather than
litigation whenever possible.
Decide cases: On the adjudicative side of the NLRB are 40
administrative law judges and a board whose five members are
appointed by the president and confirmed by the Senate.
Enforce orders: The majority of parties voluntarily comply with orders
of the board. When they do not, the agency's general counsel must seek
enforcement in U.S. Courts of Appeals. Parties to cases also may seek
review of unfavorable decisions in the federal courts.
6. What types of database information and reports does the website
offer? Select all that apply.
o regulatory reports and notices
o case activity reports
o petitions and elections

o inspector general notices
o rules and regulations
o performance reports
7. Where is the regional NLRB office that serves the state of
Arizona?
o Phoenix
o Denver

o Washington, DC
o Albuquerque
10 / 10 (100.0%)
Answer: Phoenix
On the “About NLRB” tab, click on “Regional Offices” to see a map of
all the NLRB regional offices.
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• Use the following information to answer questions 1–3.
Examine the SEC enforcement actions against violators of the FCPA on
the “SEC Enforcement Actions: FCPA Cases” web page. Look at
several different examples from the site. Note that detailed information
about each case is available if you click on the name of the company.
What are the typical repercussions for violators of the Act?
• being prohibited from doing business
• millions or even billions of dollars in penalties
• forced bankruptcy
• jail time

• What kinds of unlawful activity did the guilty parties participate in?
Check all that apply.
• bribery
• discrimination in employment
• obtaining illicit government licenses
• failure to implement internal accounting controls
• sexual harrassment
• improper payments
• The SEC investigates illegal activity stemming from ________
companies and their representatives.

• both U.S. and foreign
• foreign
• U.S.
• Use the following information to answer questions 4–8.
David borrows $3,000 from Melanie’s loan company in order to pay for
a new car. A few months after the loan takes place, David falls behind
on his payments. Melanie begins attempting to collect the money owed
from David. She takes the following steps:
Melanie calls David in the afternoon to discuss his payments, but he
does not answer. Is this action permitted under the Fair Debt Collection
Practices Act (FDCPA)?

• no
• yes
• Melanie sends a letter marked “urgent” to David's address, but he
sends no reply. Is this action permitted under FDCPA?
• no
• yes
• Melanie visits David's house at 6 p.m. on a weekday, but nobody
answers the door. Is this action permitted under the FDCPA?

• yes
• no
• Melanie emails David’s employer to ask how and when she may
contact David. Is this action permitted under the FDCPA?
• yes
• no

• Melanie leaves a message on David’s answering machine, promising
to call the police if he does not pay his debt. Is this action permitted
under the FDCPA?
• no
• yes
• Imagine that your company is offering securities for the first time and
must register with the SEC. If you were to create a registration statement
with the SEC, which of the following elements would you need to
include? Check all that apply.
• description of commerce activities that take place across state
lines
• name and location of the issuer
• description of the securities being sold

• factors that could affect the success of the business venture
• proposed use of the proceeds
• financial condition of the issuer
• type of business organization of the issuer
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LAW 531T Entire Course

LAW 531T Week 1 Discussion
LAW 531T Week 1 Practice Assignment (100 % Correct)

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Discussion 1

What privacy or publicity concerns might a company have about the
discovery process in traditional litigation?
Imagine that a friend tells you about their idea to start a sports therapy
clinic which they plan to operate as a sole proprietorship. Respond to the
following in a minimum of 175 words:
What benefits and risks would you advise your friend to be aware of?
Respond to the following in a minimum of 175 words:
In what ways has the internet and modern technology increased the
potential for business tort and criminal liability?
In what ways has the internet decreased these risks to businesses?
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LAW 531T Week 1 Practice Assignment (100% Correct)

Late Status: Late
1. A(n) _________________ is a request for a higher court to
review whether errors of law occurred in a case that was already decided
in a lower court.
o remand
o appeal
o affirmation
o reverse
FEEDBACK

2 / 2 (100.0%)
2. _________________ jurisdiction refers to the power of a court to
exercise authority over the property involved in the dispute.
o Personal
o Limited
o Subject matter
o General
FEEDBACK
2 / 2 (100.0%)

3. Courts of _________________ jurisdiction may hear many
different types of cases.
o personal
o general
o subject matter
o limited
FEEDBACK
2 / 2 (100.0%)
4. Under the doctrine of _________________, the U.S. Supreme
Court may declare any law unconstitutional.
o judicial review

o supreme review
o constitutional review
o legal review
FEEDBACK
2 / 2 (100.0%)
5. _________________ is a judgment entered by a court for one
party and against another without a full trial.
o Judgement on the pleadings
o Limited trial judgment

o Pretrial judgment
o Summary judgment
FEEDBACK
2 / 2 (100.0%)
6. The rule that a final judgment by a court determining the rights
of the parties is conclusive and the issues may not be raised again is
called _________________.
o common law
o stare decisis
o precedent
o res judicata

FEEDBACK
2 / 2 (100.0%)
7. The doctrine of following the decision of a previous court ruling
is known as _________________.
o precedent
o common law
o res judicata
o stare decisis

FEEDBACK
2 / 2 (100.0%)
8. Which of the following is not a stated purpose or function of the
law?
o to prevent undesirable behavior
o to determine procedures for changing the law
o to facilitate private arrangements between individuals
o to govern a democracy with fairness
FEEDBACK
2 / 2 (100.0%)

9. Which school of legal thought expresses the idea that law
changes to reflect a changing society ?
o the natural law school of thought
o the historical perspective school of thought
o the law and economics school of thought
o the command school of thought
FEEDBACK
2 / 2 (100.0%)
10. Which of the following is an unacceptable reason to exclude a
potential juror?

o The potential juror has a relationship with one of the parties.
o The defendant requests, without explanation, that a certain
potential juror be removed from the jury.
o The potential juror is female, and the defendant has requested an
all-male jury.
o The potential juror has an interest in the outcome.
FEEDBACK
2 / 2 (100.0%)
11. The party at whom a complaint is directed is called the
_________________.
o defendant

o plaintiff
o prosecutor
o judge
FEEDBACK
2 / 2 (100.0%)
12. The party who files a complaint in a civil case is called the
_________________.
o plaintiff
o judge
o prosecutor

o defendant
FEEDBACK
2 / 2 (100.0%)
13. _________________ refers to the principle that an actual
controversy must exist before a court will hear legal claims.
o Standing
o Ripeness
o Venue
o Third party

FEEDBACK
2 / 2 (100.0%)
Found in the following section(s) of the text:
1.7: Legal Concepts: Standing, Ripeness, and Venue
14. _________________ refers to the location of the trial.
o Third party
o Ripeness
o Standing
o Venue

FEEDBACK
2 / 2 (100.0%)
1.7: Legal Concepts: Standing, Ripeness, and Venue
15. Non-Judicial Dispute Resolution Alternatives: Match the
dispute-resolution terms with the correct definition.
A legal expert listens to the matter and imposes a resolution.
Arbitration

A neutral third-party expert meets with the parties separately and then
together, and offers compromise solutions.
Mediation
Parties attempt to settle disputes through compromise.
Negotiation
Document that outlines the terms of the compromise
Settlement agreement

FEEDBACK
2 / 2 (100.0%)
1.13: Non-Judicial Dispute Resolution Alternatives
16. Which of the following is not true of the U.S. Constitution?
o Every law in the U.S. must comply with the Constitution.
o It authorizes that state laws have priority over it.
o It establishes three branches of government.
o It enumerates and protects citizens’ rights.

FEEDBACK
2 / 2 (100.0%)
1.4: The Constitution and Business
17. The _________________ Clause states that the U.S. Constitution
and federal laws are the highest laws of the land.
o Supremacy
o Commerce
o Equal Protection
o Due Process

FEEDBACK
2 / 2 (100.0%)
18. Which of the following describes substantive due process?
o A person has protected oral, written, and symbolic rights of
expression.
o The laws of the United States must be equally applied to all
citizens.
o Government laws must be clear, understandable, and designed to
further a legitimate governmental purpose.

o A person may not be deprived of life, liberty, or property without
being given notice and an opportunity to be heard before a neutral
arbiter.
FEEDBACK
2 / 2 (100.0%)
19. Which of the following is not true of free speech?
o It is a fundamental right guaranteed by the Bill of Rights.
o It includes oral, written, and symbolic expression.
o Speech with a commercial purpose is less protected than speech
with a political purpose.

o Speech with a political purpose is less protected than speech with
a commercial purpose.
FEEDBACK
2 / 2 (100.0%)
20. True or false: The clear and convincing evidence burden of proof
requires that the evidence presented is so clear that it requires the assent
of every reasonable mind.
True False

21. FEEDBACK
22. 2 / 2 (100.0%)
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Week 2 Discussion Sole Proprietorship Benefits and Risks
Due Thursday - Respond to the following in a minimum of 175 words
Imagine that a friend tells you about their idea to start a sports therapy
clinic which they plan to operate as a sole proprietorship.
What benefits and risks would you advise your friend to be aware of?
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1. True or false: Some small businesses may issue stocks to
employees instead of compensation when money is tight.
•
• Which of the following is not true of corporations?

• Directors will not be subject to lawsuit from shareholders as long
as they act in a reasonable and prudent way.
• Executives are not subject to the same duty of care in carrying
out the corporation's purposes as the board of directors.
• The board of directors hires executives of a corporation.
• Executives carry out the day-to-day operations of the
corporation.
• True or false: In a franchise agreement, the franchisor and the
franchisee are separate legal entities.

•
• Which of the following is not true of general partnerships?
• Partners share profits and losses according to the partnership
agreement.
• Partners have an equal right to engage in the management of the
business.
• Partners have joint ownership of business assets.
• Partners must always agree to split the profits and losses evenly.

• Corporations created to assist doctors, lawyers, accountants, and so on
are known as _________________ corporations.
• not-for-profit
• closely held
• alien
• professional

• True or false: Profits and losses from an LLC must be distributed in
the same proportion to all members.
•
• Which of the following is true of general and limited partners in a
limited partnership?
• Limited partners are not liable for partnership debts.

• General and limited partners are jointly responsible for
partnership debt.
• General partners are not liable for partnership debts.
• General partners are required to invest capital and refrain from
managing the business.
• Which of the following is not true of a business operating under sole
proprietorship?
• A sole proprietor pays only personal taxes.
• No government approval is required to set up a sole
proprietorship.
• A sole proprietorship is considered a separate legal entity.

• If the owner dies, the business usually dies as well.
• An administrative agency is prohibited from doing all but which of the
following?
• violating judicial decisions
• exercising legislative power
• extending beyond its authority
• making arbitrary laws

• Which of the following is true of administrative agencies?
• All administrative agencies answer directly to the president.
• Administrative agencies may overrule judicial decisions.
• An existing administrative agency may not create a new law.
• Each state and local government has administrative agencies.

• _________________ establishes the protocol that must be followed by
an administrative agency while enforcing a(n) _________________.
• Substantive law; interpretive law
• Procedural law; substantive law
• Interpretive law; substantive law
• Substantive law; procedural law
• True or false: Production cost may be used as a defense against a
company accused of price discrimination.

•
• The act of controlling prices for goods and services is known as
_________________.
• controlling output
• regulating competitive practices
• price fixing
• dividing markets

• An agreement to refuse to deal with another business is known as a
_________________.
• split
• division
• boycott
• control

• Which of the following is not a prerequisite to be considered a failing
company prior to entering a merger?
• No other buyer is available to rescue the company.
• Its assets would evaporate but for a merger.
• Too much competition exists in a particular geographical area.
• There is no other reasonable alternative.

• Which of the following is a legitimate defense against a claim of
exercise of monopoly power?
• The business acquired the monopoly innocently as an unintended
consequence of another purpose.
• The business owns 25 percent of the geographical market.
• The business owns 75 percent of the product market.
• The business engaged in a tying arrangement with another
business.
• One business having almost all of one product type or service within a
geographical area is known as _________________ power.

• vertical
• consolidated
• monopoly
• horizontal
• True or false: The calculation of monopoly power rests squarely on a
firm’s percentage of dominance in the relevant market.

18.
19.
20. The U.S. Supreme Court has developed two tests for determining
the lawfulness of an agreement: the per se rule and the
_________________.
o rule of trust
o rule of law
o rule of reason
o rule of competition

21. In a(n) _________________, the distributor requires the
purchaser of another product to buy another associated product.
o tying arrangement
o geographic allocation agreement
o exclusive dealing agreement
o price maintenance agreement
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.........................................

Week 3 Discussion Business Tort and Criminal Liability
In what ways has the internet and modern technology increased the
potential for business tort and criminal liability? In what ways has the
internet decreased these risks to businesses?
.....................................................................................................................
.........................................
• The unlawful taking of another’s property with the intent to
permanently deprive them of it is defined as _________________.

• burglary
• embezzlement
• larceny
• robbery
Feedback
2 / 2 (100.0%)
• Which of the following is an example of interference with a business
relationship?
• aggressive advertising that steals away customers from a
competitor

• using intimidation to keep parties from patronizing a certain
store
• refusing to continue a business relationship out of spite
• luring an employee away from his or her employer
Feedback
2 / 2 (100.0%)
• What is the chief difference between a tort and a crime?
• A tort is legal, while a crime is illegal.
• A tort occurs in the workplace, while a crime occurs elsewhere.
• A crime carries a public penalty.

• A tort carries a public penalty.
Feedback
2 / 2 (100.0%)
4.10: Crimes: Intent and Action
• True or false: Spoken defamation is called slander.
4.

5.
Feedback
2 / 2 (100.0%)
6. The doctrine of _________________ states that a criminal act
may be justifiable if it is necessary to prevent foreseeable harm.
o duress
o diminished capacity
o entrapment
o necessity

Feedback
2 / 2 (100.0%)
7. A plaintiff engaging in behavior that contributes to his or her
injury may be guilty of _________________ negligence.
o affirmative
o fiduciary
o comparative
o contributory
Feedback
2 / 2 (100.0%)

8. _________________ is an intentional tort that means “harmful
or offensive contact.”
o Infliction of emotional distress
o False imprisonment
o Assault
o Battery
Feedback
2 / 2 (100.0%)
9. A(n) _________________ tort arises when a person intentionally
intrudes upon another person’s solitude, seclusion, private affairs, or
concerns.

o public revelation of private facts
o misappropriation
o false light
o intrusion upon seclusion
Feedback
2 / 2 (100.0%)
10. Which of the following is not true of a misdemeanor?
o It is more serious than a felony.
o The penalty for a misdemeanor could be six months in jail.

o Minor theft is an example of a misdemeanor.
o The penalty for a misdemeanor could be a $500 fine.
Feedback
2 / 2 (100.0%)
11. Which of the following is not true of a capital crime?
o It is the most severe unlawful behavior.
o First-degree murder is an example of a capital crime.
o Manslaughter is an example of a capital crime.
o It is punishable by death.

Feedback
2 / 2 (100.0%)
12. Which of the following is not an example of a fiduciary
relationship?
o doctor-patient
o babysitter-charge
o pilot-passenger
o coworker-coworker

Feedback
2 / 2 (100.0%)
13. The requirement of firms to maintain best practices procedures
for financial reporting is known as _________________.
o rights and interests of stakeholders
o integrity and ethical behavior
o rights and interests of shareholders
o disclosure and transparency
Feedback
2 / 2 (100.0%)

14. Under the ethical theory of _________________, an action is
ethical if it maximizes the greatest happiness for society as a whole.
o Kantianism
o virtue ethics
o social justice
o utilitarianism
Feedback
2 / 2 (100.0%)
15. International law is generally successful in establishing all but
which of the following?

o standards for weights and measures
o standards for trade of goods
o construction rules for fire prevention
o protocol for airplane safety
Feedback
2 / 2 (100.0%)
16. Which of the following is not an entity through which
international disputes are resolved?
o the International Court of Justice
o the Dispute Settlement Body

o the General Assembly
o the World Trade Organization
Feedback
2 / 2 (100.0%)
17. If a firm meets the _________________ of behavior, it does no
harm to other businesses or the community.
o social minimum
o ethical minimum
o moral minimum

o economic minimum
Feedback
2 / 2 (100.0%)
18. The _________________ Clause gives Congress the power to
regulate commerce with other nations.
o Foreign Commerce
o Contract
o Supremacy
o Treaty

Feedback
2 / 2 (100.0%)
19. Which is not a goal of the UN?
o maintain peace
o provide humanitarian aid
o regulate currency and trade between member nations
o promote economic development
Feedback
2 / 2 (100.0%)

20. The _________________ is comprised of 15 member states, 5 of
which are permanent members.
o Secretariat
o Security Council
o General Council
o General Assembly
Feedback
2 / 2 (100.0%)
.....................................................................................................................
.........................................

Week 4 Discussion – Intellectual Property
What are some of the reasons that intellectual property requires different
legal protections than tangible or real property?
.....................................................................................................................
.........................................
Which of the following is not true of copyright law?

No notice of ownership is necessary to protect an original work.
Original works must be registered at the copyright office.
Copyright protection is for the way ideas are presented, not for the ideas
themselves.
A copyright is the exclusive right to reproduce, distribute, or license
original creative work.
FEEDBACK
6 / 6 (100.0%)
Answer: Original works must be registered at the copyright office.
To be qualified for a patent, an innovation must have
_________________, which means that it has not been known or used
by others prior to invention by the patent applicant.

patentable subject matter
utility
novelty
enablement
FEEDBACK
6 / 6 (100.0%)
Answer: novelty
Which of the following is not an example of intellectual property?

patents
trade secrets
cash
copyrights
FEEDBACK
6 / 6 (100.0%)
Answer: cash
A _________________ ownership gives the grantor the right to enter the
property and reclaim it if a specific condition occurs.
fee simple absolute

life estate
fee simple subject to a condition subsequent
fee simple determinable
FEEDBACK
6 / 6 (100.0%)
Answer: fee simple subject to a condition subsequent
True or false: A nonfreehold estate is a property interest with unlimited
duration.
FEEDBACK

5 / 5 (100.0%)
Answer: False
True or false: Registration with the U.S. Patent and Trademark Office is
a prerequisite to federal trademark protection.
FEEDBACK
5 / 5 (100.0%)
Answer: False
Businesses with a trade secret often require their employees to sign a
_________________, in which the employees agree not to disclose the
secret under penalty of heavy fines.

misappropriation agreement
nondisclosure agreement
non-publishing agreement
trade secret agreement
FEEDBACK
6 / 6 (100.0%)
Answer: nondisclosure agreement
.....................................................................................................................
.........................................

Week 5 Discussion – Employee Use of Social Media
How can an employee's use of social media positively or negatively
affect their company even if done on their own time and from their own
personal account(s)?
Do you think the company did the right thing by terminating him?
Explain why or why not. Also, please stick to the legal side of things and
not the political side; this should not turn into a liberal/conservative or
pro-gay marriage/pro-traditional marriage debate.

Many employers routinely check the public social media accounts of
applicants as part of the screening process. If an employee has an
open/public account and posts material that could be considered
controversial, provocative, explicit, etc. Should all of those postings be
fair game during an interview process? Why or why not?
.....................................................................................................................
.........................................
Which of the following is FALSE concerning affirmative action plans?
Affirmative action plans do not require employers to hire unqualified
individuals.
Affirmative action plans are perpetual when ordered by a court of law.
Affirmative action prohibits the use of quotas in hiring practices.

Affirmative action plans typically include goals and timetables to correct
imbalances in hiring and employment practices.
FEEDBACK
2 / 2 (100.0%)
Answer: Affirmative action plans are perpetual when ordered by a court
of law.
The conditions necessary to show a prima facie case for age
discrimination include all but which of the following?
The employee was treated less favorably than another, younger
employee.
The employee was adequately performing the marginal job functions of
the position.

The employee is over 40 years old.
The employee is qualified for the employment position.
FEEDBACK
2 / 2 (100.0%)
Answer: The employee was adequately performing the marginal job
functions of the position.
An agency may be created by _________________, in which
circumstances necessitate the recognition of a binding relationship in the
absence of an agreement.
agreement
ratification

operation of law
agency by estoppel
FEEDBACK
2 / 2 (100.0%)
Answer: operation of law
Which of the following subjects is NOT covered under Title VII?
religion
national origin
sexual orientation

race and color
FEEDBACK
2 / 2 (100.0%)
Answer: sexual orientation
An agent owes a principal a duty of _________________, which means
using reasonable diligence and skill to complete the assigned tasks.
performance
loyalty
accounting
notification

FEEDBACK
2 / 2 (100.0%)
Answer: performance
A principal has the duty to provide _________________ to the agent,
which means paying for liabilities arising from the agent’s lawful and
approved acts while pursuing the principal’s interests.
compensation
indemnification
reimbursement
cooperation

FEEDBACK
2 / 2 (100.0%)
Answer: indemnification
Which of the following is a bona fide occupational qualification that
allows discrimination in hiring on the basis of nation of origin or
citizenship?
citizenship for employment in federally owned organizations
English proficiency to the standard necessary to pass an E-Verify
linguistics test
English proficiency to the standard necessary to carry out essential job
functions
citizenship for employment in contracts that will take over one year to
complete

FEEDBACK
2 / 2 (100.0%)
Answer: English proficiency to the standard necessary to carry out
essential job functions
Under the doctrine of _________________, an employer may be
exposed to tort liability for the acts or omissions of an employee.
frolic and detour
vicarious liability
dual-purpose mission
indemnification

FEEDBACK
2 / 2 (100.0%)
Answer: vicarious liability
Which of the following would NOT likely constitute hostile work
environment sexual harassment in and of itself?
following a coworker home and taking pictures of him or her
offensive touching
repeatedly asking a coworker out on dates
disseminating pornography
FEEDBACK

2 / 2 (100.0%)
Answer: repeatedly asking a coworker out on dates
An agency may be terminated in all but which of the following ways?
revocation by an agent
a specified lapse of time as agreed upon by the parties
death of an agent
impossibility of the purpose
FEEDBACK
2 / 2 (100.0%)

Answer: revocation by an agent
Which of the following is a mandatory subject during collective
bargaining?
location of workplace
supervision requirements
discrimination
health benefits
FEEDBACK
2 / 2 (100.0%)

Answer: health benefits
Which of the following is NOT true of workers’ compensation?
Employers are required to compensate and insure their workers.
It applies to any injury to an employee.
It applies only to injuries that arise out of and in the course of
employment.
In accepting it, employees must accept a limited benefit over the risk of
receiving nothing in a private lawsuit.
FEEDBACK
2 / 2 (100.0%)
Answer: It applies to any injury to an employee.

Which of the following is NOT true of the FMLA?
It applies to employers with 50 or more employees.
It applies only to employers in the private sector.
It allows employees to leave due to parental and medical necessity.
It applies to employers in government and private sectors.
FEEDBACK
2 / 2 (100.0%)
Answer: It applies only to employers in the private sector.
Which of the following is true of replaced workers after a strike?

They have the right to return to work.
Employers are not required to make them aware of job vacancies.
They have the right to be rehired, but only if an equivalent position
becomes available.
They cannot be terminated.
FEEDBACK
2 / 2 (100.0%)
Answer: They have the right to be rehired, but only if an equivalent
position becomes available.
The defense that a worker’s errant conduct contributed to his or her own
injury is which type of employer defense?

contributory negligence
errant conduct
assumption of the risk
the fellow servant rule
FEEDBACK
2 / 2 (100.0%)
Answer: contributory negligence
Enacted in 1932, the _________________ is a federal act that
established employees’ right to unionize.

Norris-LaGuardia Act
Labor Management Relations Act
Taft-Hartley Act
National Labor Relations Act
FEEDBACK
2 / 2 (100.0%)
Answer: Norris-LaGuardia Act
All are true of the National Labor Relations Act except which of the
following?

It created the National Labor Relations Board to administrate over union
affairs.
It gave workers the right to engage in concerted activity.
It gave workers the right to form unions, engage in collective bargaining,
and strike.
It declared yellow dog contracts to be against public policy.
FEEDBACK
2 / 2 (100.0%)
Answer: It declared yellow dog contracts to be against public policy.
Which of the following is true of the Taft-Hartley Act?

It gives the NLRB administrative power to oversee union elections.
It establishes employees’ right to bargain collectively with employers.
It provides equal representation of skilled and unskilled workers.
It gives employers the right to engage in free speech efforts against
unions.
FEEDBACK
2 / 2 (100.0%)
Answer: It gives employers the right to engage in free speech efforts
against unions.
The Labor-Management Reporting and Disclosure Act was enacted for
all but which of the following purposes?

to regulate union elections
to empower union members
to reduce union elite corruption
to consolidate power away from rank-and-file union members
FEEDBACK
2 / 2 (100.0%)
Answer: to consolidate power away from rank-and-file union members
Which of the following is NOT true of the Fair Labor Standards Act?
It guarantees health benefits for full-time workers.

It imposes a minimum age for workers.
It guarantees overtime payment for work beyond 40 hours a week.
It sets a minimum wage for workers.
FEEDBACK
2 / 2 (100.0%)
Answer: It guarantees health benefits for full-time workers.
.....................................................................................................................
.........................................
Week 6 Discussion Regulatory Agencies and Business

What are some of the ways that various U.S. and state regulatory
agencies might promote or discourage business activity?
One of the things President Trump promised to do was to reduce
regulatory burdens that hurt business. Are there any specific examples of
companies that were helped and, if so, which regulations were changed?
.....................................................................................................................
.........................................

Which of the following is FALSE concerning affirmative action plans?
Affirmative action plans do not require employers to hire unqualified
individuals.
Affirmative action plans are perpetual when ordered by a court of law.
Affirmative action prohibits the use of quotas in hiring practices.
Affirmative action plans typically include goals and timetables to correct
imbalances in hiring and employment practices.
FEEDBACK
2 / 2 (100.0%)
Answer: Affirmative action plans are perpetual when ordered by a court
of law.

The conditions necessary to show a prima facie case for age
discrimination include all but which of the following?
The employee was treated less favorably than another, younger
employee.
The employee was adequately performing the marginal job functions of
the position.
The employee is over 40 years old.
The employee is qualified for the employment position.
FEEDBACK
2 / 2 (100.0%)
Answer: The employee was adequately performing the marginal job
functions of the position.

An agency may be created by _________________, in which
circumstances necessitate the recognition of a binding relationship in the
absence of an agreement.
agreement
ratification
operation of law
agency by estoppel
FEEDBACK
2 / 2 (100.0%)
Answer: operation of law
Which of the following subjects is NOT covered under Title VII?

religion
national origin
sexual orientation
race and color
FEEDBACK
2 / 2 (100.0%)
Answer: sexual orientation
An agent owes a principal a duty of _________________, which means
using reasonable diligence and skill to complete the assigned tasks.

performance
loyalty
accounting
notification
FEEDBACK
2 / 2 (100.0%)
Answer: performance
A principal has the duty to provide _________________ to the agent,
which means paying for liabilities arising from the agent’s lawful and
approved acts while pursuing the principal’s interests.

compensation
indemnification
reimbursement
cooperation
FEEDBACK
2 / 2 (100.0%)
Answer: indemnification
Which of the following is a bona fide occupational qualification that
allows discrimination in hiring on the basis of nation of origin or
citizenship?

citizenship for employment in federally owned organizations
English proficiency to the standard necessary to pass an E-Verify
linguistics test
English proficiency to the standard necessary to carry out essential job
functions
citizenship for employment in contracts that will take over one year to
complete
FEEDBACK
2 / 2 (100.0%)
Answer: English proficiency to the standard necessary to carry out
essential job functions
Under the doctrine of _________________, an employer may be
exposed to tort liability for the acts or omissions of an employee.

frolic and detour
vicarious liability
dual-purpose mission
indemnification
FEEDBACK
2 / 2 (100.0%)
Answer: vicarious liability
Which of the following would NOT likely constitute hostile work
environment sexual harassment in and of itself?

following a coworker home and taking pictures of him or her
offensive touching
repeatedly asking a coworker out on dates
disseminating pornography
FEEDBACK
2 / 2 (100.0%)
Answer: repeatedly asking a coworker out on dates
An agency may be terminated in all but which of the following ways?
revocation by an agent

a specified lapse of time as agreed upon by the parties
death of an agent
impossibility of the purpose
FEEDBACK
2 / 2 (100.0%)
Answer: revocation by an agent
Which of the following is a mandatory subject during collective
bargaining?
location of workplace
supervision requirements

discrimination
health benefits
FEEDBACK
2 / 2 (100.0%)
Answer: health benefits
Which of the following is NOT true of workers’ compensation?
Employers are required to compensate and insure their workers.
It applies to any injury to an employee.

It applies only to injuries that arise out of and in the course of
employment.
In accepting it, employees must accept a limited benefit over the risk of
receiving nothing in a private lawsuit.
FEEDBACK
2 / 2 (100.0%)
Answer: It applies to any injury to an employee.
Which of the following is NOT true of the FMLA?
It applies to employers with 50 or more employees.
It applies only to employers in the private sector.
It allows employees to leave due to parental and medical necessity.

It applies to employers in government and private sectors.
FEEDBACK
2 / 2 (100.0%)
Answer: It applies only to employers in the private sector.
Which of the following is true of replaced workers after a strike?
They have the right to return to work.
Employers are not required to make them aware of job vacancies.
They have the right to be rehired, but only if an equivalent position
becomes available.

They cannot be terminated.
FEEDBACK
2 / 2 (100.0%)
Answer: They have the right to be rehired, but only if an equivalent
position becomes available.
The defense that a worker’s errant conduct contributed to his or her own
injury is which type of employer defense?
contributory negligence
errant conduct
assumption of the risk
the fellow servant rule

FEEDBACK
2 / 2 (100.0%)
Answer: contributory negligence
Enacted in 1932, the _________________ is a federal act that
established employees’ right to unionize.
Norris-LaGuardia Act
Labor Management Relations Act
Taft-Hartley Act
National Labor Relations Act

FEEDBACK
2 / 2 (100.0%)
Answer: Norris-LaGuardia Act
All are true of the National Labor Relations Act except which of the
following?
It created the National Labor Relations Board to administrate over union
affairs.
It gave workers the right to engage in concerted activity.
It gave workers the right to form unions, engage in collective bargaining,
and strike.
It declared yellow dog contracts to be against public policy.

FEEDBACK
2 / 2 (100.0%)
Answer: It declared yellow dog contracts to be against public policy.
Which of the following is true of the Taft-Hartley Act?
It gives the NLRB administrative power to oversee union elections.
It establishes employees’ right to bargain collectively with employers.
It provides equal representation of skilled and unskilled workers.
It gives employers the right to engage in free speech efforts against
unions.
FEEDBACK

2 / 2 (100.0%)
Answer: It gives employers the right to engage in free speech efforts
against unions.
The Labor-Management Reporting and Disclosure Act was enacted for
all but which of the following purposes?
to regulate union elections
to empower union members
to reduce union elite corruption
to consolidate power away from rank-and-file union members
FEEDBACK

2 / 2 (100.0%)
Answer: to consolidate power away from rank-and-file union members
Which of the following is NOT true of the Fair Labor Standards Act?
It guarantees health benefits for full-time workers.
It imposes a minimum age for workers.
It guarantees overtime payment for work beyond 40 hours a week.
It sets a minimum wage for workers.
FEEDBACK
2 / 2 (100.0%)

Answer: It guarantees health benefits for full-time workers.

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