The document provides 30 multiple choice questions that appear to be from a law school final exam covering various topics in business law. Some of the questions test knowledge of key features of common law systems, forms of business organizations, fiduciary duties of corporate directors and officers, and statutes like Sarbanes-Oxley. The questions are multiple choice with 4 answer options for each question testing comprehension of legal concepts and ability to apply facts to relevant laws.
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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.
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This Tutorial contains 2 Set of Final Exam Part 2 (All Questions Listed Below)
BUS 407 Final Exam Part 2
Question 1 Which kind of analysis compares the monetary cost of training with the intangible or nonmonetary results?
Question 2 According to the text, which of the following groups would be interested in “process evaluation” data?
UOP – 421 LAW Answers1) Which of the following does not result.docxdickonsondorris
UOP – 421 LAW Answers
1) Which of the following does not result in a decision rendered by the hearing officer?
A. Arbitration
B. Mediation
C. Med-arb
D. Using expert evaluators
2) Jurisprudence is defined as
A. adjudication of law suits
B. the enactment of laws by a government body
C. the science and philosophy of law
D. the duties and obligations owed by a citizen
3) The state of Kansas has enacted a new law requiring all commercial trucks driving on Kansas roads to have special mud flaps installed. These mud flaps have been proven to make driving in the rain significantly safer due to reduced mist created by trucks driving in the rain, although data regarding accidents and injuries has not yet been determined. Any truck entering Kansas must have these flaps installed or will be subject to a significant fine and delay. The cost for purchase and installation of these flaps is $1,000 per truck. In short, trucks must have these flaps or go around the state. This Kansas law
A. is valid because it only applies to Kansas roads and such a law is entirely intrastate
B. is valid because Kansas's right to protect its citizens under its police powers will override any outside challenges to this law
C. is invalid because this law is intended to regulate interstate commerce, an enumerated federal power
D. is invalid because although on its face it's an intrastate law, this statute will have a significant economic effect on interstate commerce causing an undue burden
4) The power of preemption is derived from
A. the power of judicial review
B. the Commerce Clause
C. the Necessary and Proper Clause
D. the Supremacy Clause
5) What is the main problem with international courts?
A. Finding judges who understand the complexities of international law
B. Creating a body of law that reflects multiple legal systems
C. Enforcing a ruling on sovereign nations is difficult
D. Lack of recognition from the U.N. and WTO
6) Under the U.S. legal system, subject to some exceptions, costs of litigation regarding both the plaintiff and defendant
A. are all paid by the loser
B. are all paid by the winner
C. are paid for by each side with the plaintiff and defendant paying for their own legal costs
D. are totaled by the court and then for fairness, split in half with each side paying an equal amount
7) Generally, torts law is governed by
A. state statutory law
B. state common law
C. federal statutory law
D. constitutional law
8) Assumption of risk is a defense to
A. conversion
B. negligence
C. defamation
D. battery
9) The three stripes on Adidas clothing represents a
A. trademark
B. trade dress
C. trade secret
D. patent
10) The color or shape of an item, if distinctive, is a
A. trademark
B. trade dress
C. copyright
D. patent
11) Cybersquatting describes the practice of
A. registering multiple domain names and then selling them back to companies at inflated prices
B. hacking into a company's website to install a virus or Trojan horse ...
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1. LAW/531 Final Exam
Answers are HERE!
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.
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.
2. 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
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
3. 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
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
4. D. There was no breach of duty
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
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
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
5. 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
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.
6. 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
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
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
7. C. The Labor-Management Relations Act
D. The Worker Adjustment and Retraining Notification Act
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
8. 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
9. 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
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