This document contains a 30 question multiple choice exam on business law topics. The exam covers common law systems, types of business organizations (corporations, LLCs, partnerships), agency law, alternative dispute resolution, corporate governance issues (duties of care and loyalty, business judgment rule), contracts, employment law, securities law (Sarbanes-Oxley Act), and property law. For each question there are 4 possible answer choices and some include a brief rationale for the correct answer.
What do you understand about Bankruptcy Laws - David Ford Avon CTDavid Ford Avon Ct
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The annual Legal Seminar For Credit Professionals, presented by Kegler Brown in conjunction with NACM – Great Lakes Region and American Subcontractors Association, was combined with an international business and construction legal program. Topics included selling internationally, post-judgment collection, bankruptcy, bids and pay-if-paid clauses.
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What do you understand about Bankruptcy Laws - David Ford Avon CTDavid Ford Avon Ct
everyone should understand about creditor's rights and bankruptcy laws according to David Ford Avon CT. These laws can help a person if he had a situation in the future.
The annual Legal Seminar For Credit Professionals, presented by Kegler Brown in conjunction with NACM – Great Lakes Region and American Subcontractors Association, was combined with an international business and construction legal program. Topics included selling internationally, post-judgment collection, bankruptcy, bids and pay-if-paid clauses.
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1) When statutes are passed only after considerable study, debate and public input, this is an example of which function of the law?
A. Keeping the peace.
B. Shaping moral standards.
C. Maintaining the status quo.
D. Facilitating orderly change.
2) What was the U.S. Supreme Court’s reaction to a case where a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service Agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?
A. Because of the inconsistent outcomes, a third combined trial was ordered to reconcile the different outcomes.
B. This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.
C. Because one of the defendants had been found guilty, then both should have been found guilty.
D. Because one of the defendants had been found not guilty, they both should have been found not guilty.
3) Which of the following is most consistent with the Natural Law School of jurisprudence?
A. The laws of man are secondary to the laws of nature, and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature.
B. By applying the rules of logic to specific cases, the logical, or natural, result will be obtained.
C. Law is based on moral and ethical principles of what is right, and it is the job of men and women, through study, to discover what these principles are.
D. The law is a reflection of society, thus the law must change naturally as society changes over time.
4) Which of the following statements is true regarding the relationship of law and ethics?
A. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
B. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
C. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
D. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
5) Which of the following is correct with regard to the relationship between law and ethics?
A. Lawful conduct is always ethical conduct.
B. Although much of law is based on ethical standards, not all ethical standards have been enacted as law.
C. The rule of law and the golden rule of ethics demand the same response.
D. The law may not .permit something that would be ethically wrong.
6) Which of the following is not one of the Caux Round Table Principles for International Business?
A. Promotion of Multiculturalism.
B. Respect for the Environment.
C. Avoidance of Illicit Operations.
D. Support for Multilateral Trade.
7) In a civil case, which of the following is true about the order of the prese.
Question 1 1. The seller can recover the purchase price for the .docxmakdul
Question 1
1. The seller can recover the purchase price for the goods only under certain circumstances, including when:
The buyer accepts, but fails to pay for the goods.
The goods are destroyed after risk of loss passes to the buyer.
The buyer rejects specially manufactured goods that cannot be resold.
A, B and C.
0.5 points
Question 2
1. Which of the following is a true statement?
It is unlawful for an employer in the U.S. to hire illegal immigrants unless the employer is based in a border region with very high employment.
As a general rule, it is illegal in the U.S. for private sector employers to use polygraph tests on their employees.
The WARN Act in the U.S. prohibits a company from closing a major plant unless it gets the permission of the Department of Labor.
A closed shop which requires union membership as a condition of hiring is legal pursuant to federal labor laws in the United States.
0.5 points
Question 3
1. Which of the following best describes a shareholder's preemptive rights?
The right to purchase shares of another shareholder pursuant to a buy-and-sell agreement.
The right to purchase a pro-rata portion of any additional shares issued by the corporation.
The right of shareholders to override actions of the board of directors.
The right of shareholders to remove members of the board of directors without cause.
0.5 points
Question 4
1. Under the implied warranty of merchantability:
A.
Both merchants and non-merchants generally are liable.
B.
The warranty includes a requirement that the goods be adequately packaged and labeled.
C.
The warranty applies even if a product is misused and instructions are disregarded.
D.
The warranty is based on a reasonable consumer expectations test as to what a high quality of a good should be.
0.5 points
Question 5
1. Under the UCC a merchant is best described as a
A salesman or saleswoman
A retailer
An inventor
A Venetian
0.5 points
Question 6
1. Common law consists of:
Laws which all nations have in common.
Laws which affect everyone, including ordinary persons.
Rulings and opinions which have been issued by judges when deciding previous cases.
Laws which more people are aware of.
0.5 points
Question 7
1. Under the common law, a tort can best be defined as:
A.
Any violation of an ethical or moral duty.
B.
Another term for a crime or misdemeanor.
C.
An action done in breach of an agreement that allows the aggrieved party to recover damages.
D.
A civil wrong that allows an injured person to recover damages.
0.5 points
Question 8
1. A sues B in a state trial court for negligence. A loses the suit. If A wants to appeal, the most appropriate court in which to file the appeal is
the state appellate court.
the nearest federal district court.
the nearest federal court of appeals.
the United States Supreme Court.
0.5 points
Question 9
1. Which of the following is a FALSE statement:
A.
Comity is a international la ...
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A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
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In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
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In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Home assignment II on Spectroscopy 2024 Answers.pdf
FREE Law 531 final exam
1. LAW 531 ACTUAL FINAL EXAM
1) Which of the following is a distinguishing feature of a common law legal system?
A. Requiring guilt be proven beyond a reasonable doubt
B. The sole source of law is a comprehensive civil code
C. An appeal process
D. The making of law by the judges and the following of precedent
2) Which best describes the types of agency authority held by officers of a corporation?
A. Vicarious authority
B. Express and obvious authority
C. Implied and apparent authority only
D. Express, implied, and apparent authority
3) If an LLC fails to follow formalities such as keeping minutes of meetings, which of the following is
true?
A. Only the managers of a manager-managed LLC will lose limited liability.
B. All members will lose their limited liability.
C. This failure will not result in imposing personal liability on any member.
D. Only the parties responsible for the failure will lose limited liability.
Answer Rationale: Limited Liability Companies are not required to maintain the formalities of
corporation.
2. 4) Martha started a flower shop as a sole proprietor. After 1 year, she was forced to close the shop
because business was so bad. At that time, the business assets totaled $50,000, but the business
liabilities totaled $125,000. Which of the following statements is true?
A. Martha is personally liable for the additional $75,000.
B. Martha’s business creditors can collect only the $50,000 of business assets.
C. Martha’s business creditors can collect only the $50,000 now, but if Martha ever goes into
business again, they can get the assets of the new business.
D. Once Martha terminates the sole proprietorship, the business creditors cannot even get the
$50,000.
5) Partners of a general partnership
A. are protected from litigation against the partnership by statute
B. are liable for the obligations of the partnership only to the extent of their capital
contributions
C. do not have to pay taxes on the profits of the partnership that are distributed to them
D. are liable for all the obligations of their partnership
6) Which of the following forms of alternative dispute resolution allows both parties to see the strengths
and weaknesses of both sides of the case through the presentation of evidence?
A. Negotiated settlement
B. Minitrial
C. Mediation
D. Conciliation
Answer Rationale: Conciliation, mediation, and negotiated settlement do not involve the presentation of
evidence.
3. 7) A ___________ is a court-appointed party who conducts a private trial and renders a judgment.
A. fact-finder
B. arbitrator
C. judicial referee
D. negotiator
8) What is a form of alternative dispute resolution that is often used when the parties involved do not
want to face one another?
A. Arbitration
B. Fact-finding
C. Minitrial
D. Conciliation
9) Which of the following is true regarding mediation?
A. A mediator often meets with both parties at the same time.
B. A settlement agreement is never reached with a mediator.
C. A mediator does not make a decision or award.
D. If a settlement agreement is not reached in mediation, then the parties hire a new mediator.
4. 10) There are no accountants on the board of the Oriole Corporation, a privately held corporation. The
board routinely relies on a Certified Public Accountant (CPA) to explain the financial situation of the
corporation. The board does not do an independent analysis of the CPA’s report. In these circumstances,
the board is
A. violating a duty of loyalty
B. violating a duty to exercise due care
C. violating the business judgment rule
D. not violating any duty
11) Self-dealing by a director of a corporation can best be described as
A. A breach of a director's duty of notification
B. A breach of a director’s duty of care
C. A breach of the Business Judgment Rule
D. There was no breach of duty
Answer Rationale: Directors do have duties to the corporation. The good business judgment rule deals
primarily with third parties outside the corporation. The duty of notification is not an issue of self-
dealing.
12) Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?
A. Failing to anticipate a precipitous drop in consumer demand of the company’s product
B. Failing to make a reasonable investigation of relevant facts
C. Failing to predict the unexpected startup of a new competitor
D. Failing to foresee a sudden rise in the interest rate
5. 13) In what ways may officers and directors be protected by the corporation from liability for actions
taken as an officer or director?
A. The officer or director must purchase personal liability insurance to cover such losses.
B. Have the corporation purchase liability insurance and indemnify the officers and directors.
C. Officers and directors cannot be protected from liability.
D. Officers and directors are automatically protected from liability by virtue of corporate.
14) If a plaintiff voluntarily participates in a risky activity that results in injury, what is the most likely
defense to a claim that the plaintiff assumed the risk?
A. Contributory negligence
B. Defendant was negligent per se
C. Defendant assumed the risk under the “danger invites rescue” doctrine
D. Comparative negligence
Answer Rationale: Contributory negligence and comparative negligence are alternative legal doctrines to
determine how risk is allocated; they do not directly address the issue of assumption of the risk.
Negligence per se is not necessarily involved in assumption of the risk cases.
15) Mark is the treasurer of Sky-Hi Tech Corporation and, as such, he is responsible for protecting the
assets of the corporation. One of Mark’s subordinates, Jill, is in charge of reconciling the monthly
corporate bank statements. Over a period of several months, Jill embezzled a large amount of money
from Sky-Hi Tech, covering up the theft using her bank reconciliations. If Mark had adequately
supervised Jill, she could not have embezzled this money. Mark’s actions (or inactions) constitute a
breach of his duty of
A. due care
B. obedience
C. loyalty
D. good business judgment
6. 16) Barry buys a new sports car. The car sits low to the ground and because of the styling, visibility to
the rear is limited. About a month after Barry buys the car, he backs over his pet poodle as he is leaving
for work. In his strict liability suit against the car manufacturer, Barry will
A. win because driving a sports car is an inherently dangerous activity
B. win on the basis of design defect
C. win on the basis of packaging defect because the car could have been packaged in a
differently styled body
D. lose because he assumed the risk of backing up in a car when he could not see to the rear
17) If a judge rules that a party lost its case because of the Statute of Frauds, the judge has essentially
stated which of the following?
A. The losing party purposely deceived the other party about a material fact.
B. The losing party will not be allowed to introduce evidence to contradict a written agreement.
C. The losing party cannot enforce an oral contract that should have been in writing.
D. The losing party was found by the court to have lied, and therefore will lose the case.
18) What does the parol evidence rule do?
A. It limits the ability of parties to written contracts from introducing certain evidence related
to the contract.
B. It sets the rules for admissibility of evidence relating to releasing a criminal from a prison
term.
C. It sets the general rules for the admissibility of evidence in criminal actions.
D. It determines which contracts are required to be in writing.
7. 19) ABC LLC and XYZ Corp. entered into a contract whereby ABC is to supply XYZ with widgets. After
receiving the first shipment of widgets, XYZ finds that the widgets, while meeting the physical standards
specified in the contract, do not perform as XYZ anticipated. The contract is silent as to performance
specifications, but XYZ suspects that ABC knew that it was manufacturing and supplying widgets that
would not perform according to industry standard. XYZ initiates a lawsuit against ABC, alleging that ABC
knowingly supplied defective widgets. What process will XYZ use to help it develop its case against ABC?
A. Pleadings
B. Motion for summary judgment
C. Discovery
D. Trial
Answer Rationale: Pleadings are documents filed with the court. A motion for summary judgment and
trial both occur after a party has developed its case against the opposing party.
20) Under the Employee Retirement Income Security Act (ERISA), an employee’s benefits must vest
A. within 10 years
B. by the time of the employee’s retirement
C. in total within 5 years or gradually within 7 years
D. only as provided in the pension plan
21) Which of the following statutes provides that it is legal for employees to organize a union?
A. The Norris-LaGuardia Act
B. The National Labor Relations Act
C. The Labor-Management Relations Act
D. The Worker Adjustment and Retraining Notification Act
Answer Rationale: The National Labor Relations Act limits employers' actions against unions. The Labor-
Management Relations Act concerns "unfair labor practices." The Worker Adjustment and Retraining
Notification Act concerns plant closings and mass layoffs. As a statutory law, the requirements of ERISA
are explicit and provide clear vesting benefits to employees.
8. 22) William was a factory worker at the Spruce Industries plant. When management found out that
William is gay, he was fired. The plant’s action is
A. not prohibited under federal law
B. a violation of Title VII
C. a violation of the Equal Pay Act
D. a violation of the Americans with Disabilities Act
23) Janet is manager of a bank. She has all the qualifications to be promoted to bank manager. In fact,
she is better qualified than any of the men being considered for the position. However, the owner of the
bank believes that bank customers will not accept a woman as bank manager, so the owner promotes
one of the males. The owner’s actions would best be described as what?
A. Quid pro quo
B. Hostile work environment
C. Gender discrimination
D. Pregnancy discrimination
24) Which one of the following statutes allows a prevailing party to recover attorney’s fees in an action
against the government for an action of an agency?
A. The Freedom of Information Act
B. The Government Compensation Act
C. The Administrative Procedure Act
D. The Equal Access to Justice Act
9. 25) Which of the following would prevent someone from acquiring land by adverse possession?
A. The person never had to fight the original owner to remain on the land.
B. The person lived on the land secretly so that the original owner would not find out he or
she was there.
C. The person lived on the land without the original owner’s permission.
D. The person was the only person who lived on the land in question.
26) Which of the following would be classified as tangible personal property, as opposed to other
property categories, such as fixtures or intangible property?
A. A freestanding desk
B. Built-in cabinets in an office
C. A copyright to a literary work
D. A field of corn
27) As the CEO of a high tech company, you become aware that your chief competitor is working on a
new computer program that will revolutionize your industry. You know that if you can find out several
key functions about the new product, your own programmers will be able to duplicate the function of
the program without actually copying its code. Which of the following actions can you ethically take?
A. Paying the garbage company to deliver the competitor’s garbage to you
B. Hiring a former employee of the competitor and paying her a bonus to tell you the
competitor’s secrets
C. Hiring a researcher to review all available information about the competitor, including
patents, types and names of employees hired, reports by the competitor, including all SEC filings
D. Hacking into the competitor's computer systems to find out what you need
10. 28) From a practical perspective, what are some of the elements of Sarbanes-Oxley?
A. Ensuring transparency, accountability and internal controls
B. Ensuring companies are profitable
C. Ensuring that CEOs do not make more than 10 times the lowest paid employee
D. Ensuring that large shareholders do not have board representation
29) Under Title IX of the Sarbanes-Oxley Act, the penalty for someone who certifies “any statements as
set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the
statement does not comport . . .” is
A. no more than $1,000,000.00 or imprisoned no more than 10 years, or both
B. no more than $500,000.00 or imprisoned no more than 6 months, or both
C. no more than $2,000,000.00 or imprisoned no more than 3 years, or both
D. no more than $5,000,000.00 or imprisoned no more than 20 years, or both
Answer Rationale: False certifications under the Sarbanes-Oxley Act carry substantial criminal penalties.
30) Which is prohibited under the Sarbanes-Oxley Act?
A. High salaries for corporate executives
B. Using an independent accounting firm for audit purposes
C. Public companies making personal loans to their directors and executives
D. Directors and executives attending board meetings on a regular basis