Law for Managers Exam Preparation Guide
Course Introduction
Law for Managers introduces students to the fundamental legal concepts and frameworks that impact business operations and managerial decisions. The course covers essential topics such as contract law, employment law, intellectual property, corporate governance, and regulatory compliance. Emphasizing real-world application, it enables future managers to identify legal risks, understand the rights and responsibilities of both organizations and employees, and make informed choices that align with ethical and legal standards. Through case studies and practical scenarios, students learn how to navigate the legal aspects of business and contribute to responsible and effective management practices.
Recommended Textbook Fundamentals of Business Law Summarized Cases 9th Edition by Roger LeRoy Miller
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41 Chapters
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Chapter 1: The Legal and Constitutional Environment of Business
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Sample Questions
Q1) Wisconsin,like other states,may regulate private activities to protect or promote the public order,health,safety,and general welfare under its
A)police powers.
B)taxing powers.
C)spending powers.
D)supreme powers.
Answer: A
Q2) In Ben v.City Car Dealership,a state supreme court held that a minor could cancel a contract for the sale of a car.Now a trial court in the same state is deciding Daphne v.Even Steven Auto Deals,Inc. ,,a case with similar facts.Under the doctrine of stare decisis,the trial court is likely to
A)allow the minor in the Daphne case to cancel the contract.
B)disregard the Ben case.
C)order the minor in the Daphne case to cancel the contract.
D)require the minor in the Daphne case to fulfill the contract.
Answer: A
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Chapter 2: Traditional and Online Dispute Resolution
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Sample Questions
Q1) During the trial phase of Fuel Corporation's suit against Gas Stations,Inc. ,their attorneys engage in voir dire.This is
A)the assessment of the arguments on the issues.
B)the determination of the issues to be argued.
C)the litigation of the issues and arguments.
D)the selection of jurors.
Answer: D
Q2) To prepare for a trial between Large Lots Development Corporation (LLDC)and MiniMansion Construction Company (MMCC),MMCC's attorney places LLDC's president under oath.A court reporter makes a record of the attorney's questions and the officer's answers.This is
A)a cross-examination.
B)a deposition.
C)an imposition.
D)an interrogatory.
Answer: B
Q3) Voir dire is a process for presenting evidence in a case.
A)True
B)False
Answer: False
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Chapter 3: Ethics and Business Decision Making
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Sample Questions
Q1) Dion,an accountant for Entertainment Sports,Inc. ,attempts to apply a duty-based approach to ethical reasoning in conflicts that occur on the job.This approach is based on the idea that a person must
A)achieve the greatest good for the most people.
B)avoid unethical behavior regardless of the consequences.
C)conform to society's ethical standards.
D)place his or her employer's interest first.
Answer: B
Q2) DeLouse Plastics Corporation pays its executives an excessive amount relative to other employees and to what executives at competitive companies are paid.This is most likely to be challenged as
A)illegal and unethical.
B)illegal only.
C)neither illegal nor unethical.
D)unethical only.
Answer: D
Q3) Business ethics focuses on ethical behavior in the business world.
A)True
B)False
Answer: True
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Chapter 4: Torts and Cyber Torts
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Q1) Dian,a clerk at an Entertainment Unlimited store,takes a DVD player from the store without permission.Dian is liable for A)appropriation.
B)benefiting an employee.
C)conversion.
D)wrongful interference with a business relationship.
Q2) As a joke,Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam.Jem may have committed A)appropriation.
B)conversion.
C)intentional infliction of emotional distress.
D)trespass to personal property.
Q3) Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks A)attributable to the Decathlon in any way.
B)different from the risks normally associated with the Decathlon.
C)greater than the risks normally associated with the Decathlon.
D)normally associated with the Decathlon.
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Chapter 5: Intellectual Property and Internet Law
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Q1) Mace copies Nick's book,Off the Beaten Path,in its entirety and sells it to Parkland Books,Inc. ,without Nick's permission.Parkland publishes it under Mace's name.This is
A)copyright infringement.
B)fair use.
C)licensing.
D)protected expression.
Q2) There are no registration requirements for trade secrets.
A)True
B)False
Q3) Sights Unseen,Inc. , (SUI)sells scopes with distinctively designed and made lenses and mirrors to scientists.Telescopes,Etc.Corporation later begins to sell scopes with identical set-ups of lenses and mirrors,without SUI's permission,to consumers.This is most likely
A)copyright infringement.
B)patent infringement.
C)trademark infringement.
D)not infringement.
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Chapter 6: Criminal Law and Cyber Crime
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Q1) A defendant may be relieved of liability by showing that a criminal act was necessary to prevent an even greater harm.
A)True
B)False
Q2) Riley,a State Bank employee,deposits into his account checks that are given to him by bank customers to deposit into their accounts.This is A)embezzlement.
B)larceny.
C)money laundering.
D)no crime.
Q3) Hackers sometimes rent their "crimeware" as a service.
A)True
B)False
Q4) The crime of theft requires the taking of property,without regard to whether the perpetrator knew it belonged to another.
A)True
B)False
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Chapter 7: Nature and Classification
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Q1) Mona asserts that a contract she entered into with Nate is unenforceable.Defenses to the enforcement of a contract include
A)a desire not to perform.
B)adverse economic consequences.
C)results that do not match expectations.
D)the lack of a party's genuine assent.
Q2) An implied contract is implied from the conduct of the parties.
A)True
B)False
Q3) On behalf of the rock group Uno,their manager Thalia agrees to a performance in Seaside Amphitheatre on July 4.Rex,acting for Seaside Productions,sends a written copy of the agreement to Thalia to be signed.Typically,businesspersons put their contracts in writing to
A)ensure proof of the contracts' existence.
B)create substance from form.
C)obtain a check or other negotiable instrument.
D)practice their "letters of credit."
Q4) An offeror is a person who makes an offer.
A)True
B)False
Page 9
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Chapter 8: Agreement in Traditional and E-Contracts
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Q1) Deb buys a song through eSongs,an online music vendor.Before completing the purchase and downloading the song,Deb must agree to a provision not to sell copies of the song.This provision is
A)a browse-wrap term.
B)a click-on agreement.
C)a shrink-wrap agreement.
D)none of the choices.
Q2) An agreement is evidenced by a single event: an acceptance.
A)True
B)False
Q3) Nate tells Opal,"I might sell the skis that I bought last fall since I haven't used them and the skiing season is almost over." This is
A)an acceptance of an offer.
B)an invitation to accept an offer.
C)an offer.
D)a statement of future intent.
Q4) There are no revocable offers.
A)True
B)False
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Chapter 9: Consideration,capacity,and Legality
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Q1) Odell owns Payroll Company,a bookkeeping service losing market share to Quik Work,Inc.Odell pays Remy $5,000 to steal a list of Quik's clients,to whom Odell will aggressively market Payroll's services.This deal is A)enforceable.
B)void.
C)voidable at the option of either party.
D)voidable at the option of the party having less bargaining power.
Q2) Adhesion contracts are often held to be contrary to public policy.
A)True
B)False
Q3) Jon agrees to sell his K9 Sports Equipment store to Lacy.As part of the sale,Jon promises never to open a similar,competing store anywhere.Jon's promise is most likely
A)invalid because it is part of a sale of an ongoing business.
B)invalid because of the unreasonable terms of area and time.
C)valid because it is part of a sale of an ongoing business.
D)valid because Jon and Lacy apparently have the capacity to contract.
Q4) A bargained-for exchange is one of the elements of consideration.
A)True
B)False
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Chapter 10: Defenses to Contract Enforceability
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Q1) All collateral promises must be in writing to be enforceable.
A)True
B)False
Q2) Under the Statute of Frauds,oral contracts are void.
A)True
B)False
Q3) Randy and Beach Biz Company enter into an oral contract under which Randy agrees to clean Beach Biz's office for two years.This contract is enforceable by A)Randy only.
B)Beach Biz only.
C)either party.
D)neither party.
Q4) Delta,Inc. ,agrees to assume a debt of Excel Company to First State Bank.The agreement is not in writing.To be enforceable,the promise must be for the benefit of A)any party.
B)Delta.
C)Excel.
D)First State.
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Page 12
Chapter 11:
Third Party Rights and Discharge
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Sample Questions
Q1) Super Toolmakers,Inc. ,contracts to sell its business to True Hardware Corporation.Before either party has performed,rescission of this contract requires A)a mutual agreement to rescind.
B)consideration.
C)performance by all of the parties.
D)an accord and satisfaction.
Q2) A contract can prevent the assignment of the right to receive funds.
A)True
B)False
Q3) Refer to Fact Pattern 11-2.Under the circumstances,with respect to damages,Chris can
A)bring an action immediately.
B)bring an action only after the contract's two-year term begins.
C)bring an action only after the contract's two-year term ends.
D)do nothing.
Q4) An event must be certain to occur to constitute a contract condition.
A)True
B)False
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Chapter 12: Breach and Remedies
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Q1) The measure of damages for the breach of a contract for a sale of land depends on which party breaches and when. A)True B)False
Q2) Outbound Travel Agency agrees to hire Petra for one year at a salary of $1,000 per week.When Outbound cancels the contract,Petra spends $2,000 to obtain a similar job that pays $750 per week for a year.Petra is entitled to recover A)the amount of the wages that Outbound promised only. B)the difference between the wages at the two jobs only. C)the difference between the wages at the two jobs plus $2,000. D)$2,000 only.
Q3) On a contract breach,the nonbreaching party's only option is to refuse to perform. A)True B)False
Q4) The duty owed under the mitigation of damages doctrine depends on the situation. A)True B)False
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Chapter 13: The Formation of Sales and Lease Contracts
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Q1) If a seller is a merchant,and the seller holds the goods,the risk of loss passes to a buyer when the buyer takes physical possession of the goods.
A)True
B)False
Q2) Quik Sales Corporation orders goods from Re Stock Company.Re plans to market the goods to consumers generally.Re identifies the goods.Before they are shipped to Quik,an insurable interest in the goods exists in A)Quik and Re,but not consumers generally.
B)Quik only.
C)Quik,Re,and consumers generally. D)Re only.
Q3) Unless a contract provides otherwise,it is assumed to be a destination contract. A)True B)False
Q4) A seller with void title can transfer good title to a good faith purchaser for value. A)True B)False
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Chapter 14: Performance Breach of Sales Lease Contracts
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Q1) If a buyer wrongfully refuses to accept goods that conform to a contract,the seller may recover damages.
A)True
B)False
Q2) A buyer has no right to accept goods that fail in any respect to conform to the terms of a contract in every detail.
A)True
B)False
Q3) On May 1,City Auto & Truck Sales agrees to sell a car to Dino.Five days later,Dino refuses delivery and cancels the contract.City is entitled to A)force Dino to accept the car.
B)recover any damages from Dino but not resell the car.
C)resell the car and recover any damages from Dino.
D)resell the car but not recover any damages from Dino.
Q4) If a buyer wrongfully refuses to accept goods that conform to a contract,the seller can maintain an action to recover the damages sustained.
A)True
B)False
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Page 16
Chapter 15: Warranties and Product Liability
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Sample Questions
Q1) Sari buys a new sport utility vehicle (SUV)from Terrific Cars & Trucks,Inc.The most important factor in determining whether an express warranty is created is whether
A)Sari expresses to Terrific what she wants warranted.
B)Sari's desire for the SUV becomes part of her motivation to deal.
C)Terrific expresses to Sari what it expects of its customers.
D)Terrific promise becomes part of the basis of the bargain.
Q2) Neil goes to Oil Shop to change the oil in his car.Perry,the service technician,learns that Neil plans to take a trip and advises the use of a certain type of oil.The oil breaks down during the trip,damaging the car.Neil may recover from Oil Shop for breach of
A)an express warranty.
B)an implied warranty of fitness for a particular purpose.
C)an implied warranty of merchantability.
D)a warranty of title.
Q3) Refer to Fact Pattern 15-1.The court is most likely to rule in favor of
A)Concrete,because Bret's statement was an expression of opinion.
B)Concrete,because DCC chose Concrete's product voluntarily.
C)DCC,because Bret's statement was an express warranty.
D)DCC,because Concrete's product is not fit for its purpose.
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Chapter 16: Negotiability,transferability,and Liability
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Q1) When an instrument has a forged indorsement,the loss usually falls on the first party to take the instrument.
A)True
B)False
Q2) Refer to Fact Pattern 16-2.Suppose that Mona pays Nat on the note.With timely notice to the proper parties,Mona may collect payment on the note from
A)Jake,Kim,or Lou.
B)Jake or Kim only.
C)Lou only.
D)no one.
Q3) Transfer warranties attempt to impose liability on the wrongdoer or the party who dealt most immediately with the wrongdoer.
A)True
B)False
Q4) The completion of an originally incomplete instrument in an unauthorized manner is a defense against payment on the instrument to an HDC.
A)True
B)False
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Chapter 17: Checks and Banking in the Digital Age
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Q1) Generally,a cash deposit is not available for withdrawal until the next business day.
A)True
B)False
Q2) Financial institutions that exchange digital images of checks do not have to exchange the original paper checks.
A)True
B)False
Q3) A bank is obligated to pay an uncertified check presented less than six months from its date.
A)True
B)False
Q4) Dhani signs a check "pay to the order of Etan" drawn on Dhani's account in First State Bank and dates the check "May 1." Etan presents the check to the bank for payment on December 15.This is
A)a dishonored check.
B)an overdraft.
C)a postdated check.
D)a stale check.
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Chapter 18: Security Interests in Personal Property
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Q1) Intermittent advances against a line of credit can be subject to the same collateral.
A)True
B)False
Q2) The payment of Eden's debt to Flem is guaranteed by Eden's personal property.This property is
A)a secured party.
B)a secured transaction.
C)a security interest.
D)collateral.
Q3) The person who owes the payment of a secured obligation is the secured party.
A)True
B)False
Q4) The price that a secured party obtains on a sale of collateral is all that the creditor can recover on the debt.
A)True
B)False
Q5) A security agreement must be filed in person to be valid and enforceable. A)True
B)False
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Chapter 19: Creditors Rights and Bankruptcy
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Q1) Liu and Midge-Nero's creditors-contract with Nero for the discharge of Nero's liquidated debts on payment of a lesser sum.This is
A)a composition agreement.
B)a subrogation.
C)a suretyship agreement.
D)in violation of most states' laws.
Q2) The content of a family-fisherman bankruptcy plan is basically the same as that of a repayment plan.
A)True
B)False
Q3) Residence Painting Company has a claim against Stuart's property to satisfy a debt that takes priority over other claims against the same property.This is A)a lien.
B)a violation of most state laws.
C)a writ of attachment.
D)a garnishment.
Q4) An individual debtor is allowed to exempt certain property from the bankruptcy.
A)True
B)False
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Chapter 20: Mortgages Foreclosures After the Recession
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Q1) A mortgage must be in writing to comply with the Statute of Frauds.
A)True
B)False
Q2) There are additional disclosure requirements for a high-cost mortgage loan.
A)True
B)False
Q3) If a loan is not paid within a reasonable time after a notice of default,the borrower will receive a notice of sale.
A)True
B)False
Q4) Ridgeline Bank provides Stanley with a mortgage to buy a home.The rate of interest is fixed for three years and then adjusts annually.This is
A)a fixed-rate mortgage.
B)an adjustable-rate mortgage.
C)an interest-only mortgage.
D)a violation of the law.
Q5) Home equity is the portion of a home's value that is "paid off."
A)True
B)False
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Chapter 21: Agency Relationships
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Q1) Express authority is authority declared in clear,direct,definite terms.
A)True
B)False
Q2) Building subcontractors are not independent contractors.
A)True
B)False
Q3) Dizzy is not Edwina's agent but enters into a contract with Frida on Edwina's behalf.Edwina later contacts Frida to approve the contract.This is A)an agency by agreement.
B)an agency by estoppel.
C)an agency by ratification.
D)not the creation of an agency relationship.
Q4) All employment laws apply to independent contractors.
A)True
B)False
Q5) For an agent's implied authority to be effective,a principal must confirm it in writing.
A)True
B)False
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Page 23
Chapter 21: Management Perspective:
Independent-Contractor Negligence
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Q1) Jewel Property Company hires Klint,an independent contractor,to wash the windows of Jewel's commercial building.Jewel's tenant Lucy is injured when Klint closes a window on her hand.In determining whether Jewel is liable for Lucy's injury,the most important factor is
A)Jewel's employment of Klint.
B)Jewel's investigation of Klint's background and experience.
C)the condition of the premises,especially the window.
D)the degree of control that Jewel maintained over Klint's actions.
Q2) Gass Propane Company hires Hick,an independent contractor,to make deliveries.During a delivery,Iggy is killed in an accident caused by Hick's negligence.Iggy's widow Jade files a suit against Gass,asserting that the employer is liable.Gass argues that it had no control over the manner in which Hick did his work.The court is most likely to hold that Gass is
A)liable because Gass employed Hick.
B)liable because Gass should have investigated Hick's qualifications.
C)not liable because Gass did not control Hick's work.
D)not liable because the delivery vehicle was probably faulty.
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Page 24
Chapter 22: Employment, immigration, and Labor Law
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Q1) An employer with fewer than fifteen employees is automatically shielded from federal employment discrimination laws.
A)True
B)False
Q2) All employers in the United States are subject to federal employment discrimination laws.
A)True
B)False
Q3) Rona is Stu's administrative assistant and both work for TriCounty Labor Inc.Stu tells Rona that for sexual favors,he will give her an excellent performance review and recommend a raise.This is
A)harassment on the basis of sexual orientation.
B)hostile-environment harassment.
C)not harassment.
D)quid pro quo harassment.
Q4) It is not unlawful for an employer to retaliate against an employee who has opposed a discriminatory employment practice.
A)True
B)False
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Chapter 23: Sole Proprietorships, partnerships, Limited Liability Co
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Q1) Kelly,the owner of Llama Farms,a sole proprietorship,wants to obtain additional business capital but to maintain control.This can best be accomplished by
A)borrowing funds.
B)bringing in partners.
C)issuing stock.
D)selling the business.
Q2) Noah and Orin do business as Pest Control Partners.In most states,for the purposes of suing and being sued,Pest Control Partners would be treated as
A)an aggregate of the individual partners.
B)a natural person.
C)an entity.
D)a non-existent party.
Q3) Guy and Hanna do business as G-H Associates.If G-H is a partnership,it is governed by the Uniform Partnership Act
A)in the absence of an express agreement.
B)in the absence of an implied agreement.
C)only in the presence of an express agreement.
D)under all circumstances.
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Chapter 24: Corporate Formation, financing, and Termination
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Q1) Penn files a suit against Roadway Sign Company While the suit is pending,Roadway consolidates with Synchronized Signal Corporation to form Traffic Management,Inc.Now,liability in the suit,if any,rests with A)Traffic.
B)Roadway and Synchronized.
C)Penn.
D)no one.
Q2) Raw Resources Corporation authorizes Stefan,its employee,to oversee its mining operation.In the course of this employment,Stefan commits a tort.Liability for this tort most likely rests with
A)neither Raw Resources nor Stefan.
B)Raw Resources and Stefan.
C)Raw Resources but not Stefan.
D)Stefan but not Raw Resources.
Q3) Preferred shares normally have a fixed maturity date on which the firm must pay them off.
A)True
B)False
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Chapter 25: Corporate Directors, officers, Shareholders
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Q1) Shares issued for more than their fair market value are known as watered stock.
A)True
B)False
Q2) Kelly transfers shares of stock that she owns in Lone Starz Company to Max.A shareholders' meeting takes place before Max's ownership is entered in Lone Starz's stock book.A vote at the meeting can be cast by
A)Kelly and Max.
B)Kelly only.
C)Max only.
D)neither Kelly nor Max.
Q3) Cumulative voting refers to the accumulation of proposals presented annually for a shareholders' vote.
A)True
B)False
Q4) A board of directors can delegate some functions to corporate officers.
A)True
B)False
Q5) Shareholders have a right to inspect corporate books and records.
A)True
B)False
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Chapter 26: Investor Protection, insider Trading, Corp Gov
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Q1) Kitsch Niche Corporation is a noninvestment company that wants to issue $3 million of stock in a twelve-month period.Kitsch Niche,with less than $20 million in annual sales,qualifies as a small business issuer.Before Kitsch Niche sells the stock,it must provide investors with
A)an offering circular.
B)a notice of the issue.
C)a red herring prospectus.
D)a tombstone ad.
Q2) "Blue sky laws" regulate securities data stored in cloud computing servers.
A)True
B)False
Q3) "Forward-looking" financial forecasts are prohibited under SEC Rule 10b-5.
A)True
B)False
Q4) Section 10(b)of the Securities Exchange Act of 1934 covers only corporate officers and directors.
A)True
B)False
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29
Chapter 27: Personal Property and Bailments
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Q1) Faye owns the land on which Golden Spurs Ranch is situated,plus the ranch house,barn,and other structures permanently attached to the land.Faye's brother Huey owns everything else in the ranch's operation-livestock,feed,and so on.The personal property is owned by A)Faye and Huey.
B)Faye only.
C)Golden Spurs Ranch.
D)Huey only.
Q2) Delivery of intangible personal property must be done by constructive delivery. A)True
B)False
Q3) Procter,who is not in contemplation of imminent death,tells his daughter Opal that she can have his Dodge truck on his death,whenever that happens.This is
A)a valid gift causa mortis.
B)a valid gift inter vivos.
C)a valid gift largesse.
D)not a valid gift.
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Chapter 28: Real Property and Landlord-Tenant Law
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Q1) For a party to take by adverse possession,the party's possession must not be open,visible,or notorious.
A)True
B)False
Q2) Luke owns a farm near Marshalltown,Iowa,with stands of trees serving as windbreaks.Luke grows corn on the property.When Luke sells the farm to Nina,if the contract does not specify otherwise,the sale includes
A)neither the crops nor the trees.
B)the crops and the trees.
C)the crops only.
D)the trees only.
Q3) Oak Grove Residences,Inc. ,owns apartment buildings.Pedro leases one of Oak Grove's apartments.Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is
A)an assignment.
B)an eviction.
C)a right of entry.
D)a sublease.
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Chapter 29: Insurance, wills, and Trusts
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Q1) A person can insure anything in which he or she has an insurable interest.
A)True
B)False
Q2) A constructive trust is "constructed" by a property owner to fulfill certain unique functions outside the usual bounds of a trust.
A)True
B)False
Q3) An insurance application is part of the insurance contract.
A)True
B)False
Q4) Insurance is classified according to the amount of the payment on a claim.
A)True
B)False
Q5) A coinsurance clause provides that two or more people will be covered by the same life insurance policy.
A)True
B)False
Q6) A will must normally be attested to by two or three witnesses.
A)True
B)False
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Chapter 30: Liability of Accountants Other Professionals
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Q1) An accountant is not liable for a misstatement to a purchaser of securities who knew of the misstatement but invested anyway.
A)True
B)False
Q2) In no states are communications between an accountant and his or her client privileged.
A)True
B)False
Q3) Bruno is an accountant.Under the Sarbanes-Oxley Act of 2002,the degree of government oversight over the public accounting practices of Bruno and other accountants was
A)decreased.
B)increased.
C)eliminated.
D)unchanged.
Q4) Pluto accuses Quark,an accountant,of committing defalcation.This is A)embezzlement.
B)general misconduct.
C)professional negligence.
D)throwing something out of a window.
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Chapter 31: International Law in a Global Economy
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Q1) The Foreign Sovereign Immunities Act spells out the particulars of what constitutes a commercial activity.
A)True
B)False
Q2) Hemisphere Financial Corporation,a U.S.firm,files a suit against Italy in a U.S.court.Italy claims foreign sovereign immunity.Under the Foreign Sovereign Immunities Act,this claim is determined by
A)a neutral third-party court.
B)an international law court.
C)an Italian court.
D)the U.S.court in which the suit is filed.
Q3) Senator Wyden and other politicians want to restrict the flow of technologically advanced products and data from the United States to other countries.To restrict or encourage exports,Congress can A)do nothing.
B)assess antidumping duties.
C)impose export taxes.
D)set export quotas.
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Chapter 32: Adapting the Law to the Online Environment:
The Supreme Court Upholds a Law That Prohibits Pandering
Virtual Child Pornography
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Q1) Federal law requires new car labels to state fuel economy estimates.California state law proscribes deceptive advertising.Angie buys a new car from Beltline Motors in California.Later,Angie files a suit against the car's manufacturer,claiming that the car does not attain the fuel economy estimate and thus its maker engaged in deceptive advertising in violation of state law.In the opinion of the majority in Paduano v.American Honda Motor Co. ,the court should hold that
A)the federal law does not preempt Angie's state law claim.
B)the federal law preempts Angie's state law claim.
C)California's state law preempts the federal fuel economy law.
D)the federal and state laws preempt each other.
Q2) Business Credit Company files a suit against City Developers,Inc. ,and seeks,as part of discovery,certain electronic documents in City Developers's possession.City Developers did not preserve the requested data-e-mail messages among employees.The court is not likely to sanction City Developers if
A)the data was not saved because there was no reasonable anticipation of litigation.
B)the e-documents were destroyed when the suit was filed.
C)the e-mail messages were trashed when the discovery request was made.
D)the e-mail system was wiped clean to avoid revealing incriminating evidence.
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Chapter
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Q1) Nina,a high school teacher,requires Milo and her other students to submit their assignments to a plagiarism service to be compared to the contents of an online database of scholarly works.The assignments are also archived in the database.A federal court is most likely to find that this A)infringes the studnets' copyright interests.
B)qualifies as "fair use" and does not infringe the students' copyrights.
C)falls under the definition of "loss" in the Computer Fraud and Abuse Act.
D)fits within the "damages" clause of the Virginia Computer Crimes Act.
Q2) According to the dissent in MedImmune,Inc. ,v.Genentech,Inc.case,a patent licensee can challenge the validity of a licensed patent
A)only after breaching the license agreement.
B)only before breaching the license agreement.
C)without breaching the license agreement.
D)under no circumstances.
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Chapter 35: Management Perspective: E-Mailed
Credit-Card Receipts
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Q1) The Fair and Accurate Credit Transactions Act of 2003 prohibits merchants from priniting more than the last five digits of a credit card number or the expiration date on any receipt provided to the cardholder at the point of sale.According to recent court decisions,this requirement applies to
A)e-mailed receipts only.
B)paper receipts and paperless receipts of all kinds.
C)paper receipts only.
D)Web page screen shots and paper receipts only.
Q2) The truncation (shortening)requirement of the Fair and Accurate Credit Transactions Act of 2003 applies only to receipts that are "electronically printed." Eagle Motorcycle Rents accepts reservations on-site and online.On-site customers are given tangible paper receipts.Online customers are sent an online confirmation.The truncation requirement applies to
A)Eagle's online confirmations only.
B)Eagle's tangible paper receipts only.
C)Eagle's online confirmations and tangible receipts.
D)none of Eagle's confirmations or receipts.
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Chapter 34: Case Study With Dissenting Opinion: Prestridge
V Bank of Jena
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Q1) In the situation set out in either of the previous questions,the dissent in the Prestridge case would most likely hold Silverado liable for A)all checks.
B)checks that were cashed less than thirty days after the statement. C)checks that were cashed more than thirty days after the statement. D)no checks.
Q2) In the facts of the previous question,suppose that Thalia had had access to Rhett's checks through his carelessness.The majority in the Prestridge case would then most likely hold Silverado liable for A)all checks.
B)checks that were cashed less than thirty days after the statement. C)checks that were cashed more than thirty days after the statement. D)no checks.
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Chapter 36: Adapting the Law to the Online Environment:
The Thorny Issue of Taxing Internet Sales
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Q1) New York enacts a statute that requires a label on a video game to warn parents when "the range of options available to a player include dismembering or sexually assaulting the image of a human being." On appeal from a challenge by gamemakers,the state asks a federal court to enforce the statute.Based on the decisions of other federal courts in cases involving similar statutes,the court in this case is most likely to
A)refuse to extend restrictions on sex-based content to violence in video games.
B)expand the label's warning to include other forms of violence.
C)impose market-share liability on makers of violent video games.
D)replace the voluntary rating system currently in use.
Q2) According to the dissent in Casserlie v.Shell Oil Co. ,an inquiry into a seller's motive in setting prices is necessary to determine if the seller acted
A)in good faith.
B)with the motive of driving competitors out of business.
C)with the intent of making the most profit in the least time.
D)to set commercially unreasonable and discriminatory prices.
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The Debt That Never Goes Awayits Discharged in
but Still on the Debtors Credit Report
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Q1) In the facts of the first question,according to the reasoning of the dissent in the Central case,the prevailing party would be
A)both Vance and WSU.
B)neither Vance nor WSU.
C)Vance.
D)WSU.
Q2) Orly's debts are discharged in a liquidation bankruptcy.Pester & Recover,Inc. ,buys the discharged debt obligations.With respect to these debts,Pester A)can do nothing.
B)can pressure Orly into paying them.
C)must give Orly additional help to rebuild her life after the discharge.
D)must report the debts to credit reporting agencies as "discharged."
Q3) In the facts of the previous question,according to the court in the Central case,a party that would prefer a different result should seek relief from A)Congress.
B)the courts.
C)the president.
D)the students of WSU and other state schools.
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Chapter
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Q1) Beyond Gamez,Inc. ,a video game retailer based in California,does business in all fifty states exclusively online.According to New York state tax law,an out-of-state online retailer must collect and remit state taxes to New York if the retailer
A)plans to establish a substantial physical presence in New York.
B)targets a potential marketing base in New York.
C)maintains a Web site accessible in New York.
D)pays a party within New York to solicit business for its products.
Q2) Rewind Investments Inc.owns 90 percent of Swift Blades Inc.(SBI).Rewind's majority shareholders are also its directors and the directors of SBI.SBI's business is the design and assembly of wind-driven turbines.SBI is offered the opportunity to buy Typhoon Turbines,Inc. ,a competitor,but SBI's board turns it down.Within six months,Rewind buys Typhoon.Based on the court's reasoning in Notz v.Everett Smith Group,Ltd. ,,a minority SBI shareholder could bring
A)a claim against Typhoon's former directors.
B)a direct claim against SBI's majority shareholders.
C)a shareholder's derivative suit against Rewind.
D)no claim.
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Chapter 39: Case Study With Dissenting Opinion: Kovarik V
Kovarik
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Q1) In the facts in the previous question,if the CDs are seen as the property of Heidi and Irene,the sisters are most likely
A)joint tenants.
B)tenants at sufferance.
C)tenants by the entirety.
D)tenants in common.
Q2) In the facts in the previous question,according to the dissent in the Kavarik case,with respect to Glen and Heidi's marital estate,the CDs are
A)not included because Heidi's parents did not intend to give them to her.
B)not included because Irene cashed them without sharing the proceeds.
C)included because Glen and Heidi were married when the CDs were acquired.
D)included because Heidi's parents gave up control when the CDs were placed in the names of Heidi and Irene.
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Chapter 40: Unit Case Study With Dissenting Opinion: Dole
Food Co V Patrickson
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Q1) In the facts of the previous question,according to the reasoning of the dissent in Dole Food Co.v.Patrickson,parties who would be potentially subject to suit in U.S.courts would include
A)Amigos and Bueno.
B)neither Amigos nor Bueno.
C)only Amigos.
D)only Bueno.
Q2) In the facts of the previous questions,a U.S.court might pierce Amigos and Bueno's corporate status to impose liability on their owners,including the government of Chile,if the firms failed to follow or be involved in
A)business activities.
B)corporate formalities.
C)ethical practices.
D)foreign affairs
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