Business Law Exam 2 Latest with Questions and Answers

Business Law Exam 2 Latest with Questions and Answers

Most federal administrative agencies are created by - answer the passage of enabling legislation by Congress, signed by the president The Federal Trade Commission, like most administrative agencies of the federal government, is part of - answer the executive branch of government In the Clean Water Act, Congress sets broad guidelines, but it is the Environmental Protection Agency that proposes rules to regulate industrial discharges. Where do proposed rules originally appear? - answer in the Federal Register . The legal basis for all administrative law, including regulations of the Federal Trade Commission, is found in - answer the US Constitution The Federal Trade Commission, like other administrative agencies, has the power to - answer -issue proposed rules -undertake investigations of firms that may have violated FTC regulations

• prosecute firms that have violated FTC regulations

Catarina falsely accuses Jeff of stealing from their employer. The statement is defamatory only if - answer a third party hears it Garrett files a suit against Colossal Media Corporation for defamation. Colossal has said that Garrett is a "sleazy, corrupt public official" (and provided some evidence to back the claim).To win his case, Garrett will have to show that Colossal acted with - answer actual malice Big Burger begins a rumor, using social media, that the meat in Burger World is partly composed of ground-up worms. The rumor is not true, as Big Burger well knows. Its intent is to get some customers to shift loyalty from Burger World to Big Burger.

Burger World's best cause of action would be - answer product disparagement . Wilfred Phelps, age 65, is driving his Nissan Altima down Main Street when he suffers the first seizure of his life. He loses control of his vehicle and runs into three people on the sidewalk.Which statement is true? - answer He is not liable for a negligent tort Jonathan carelessly bumps into Amanda, knocking her to the ground. He has committed the tort of negligence - answer only if Amanda is injured An implied contract - answer is one inferred from the actions of the parties . The Convention on Contracts for the International Sale of Goods is - answer a kind of treaty setting out international contract law, to which the United States is a party Consideration - answer is a bargained-for act, forbearance, or promise from the promisee An example of valid consideration is a promise - answer to refrain from going to court A contract to pay a lobbyist to influence a public official is generally illegal. - answer false Which of the following cannot be protected under patent, copyright, or trademark law? - answer a one-line book title

Which of the following does not expire by law? - answer a closely guarded trade secret not released to the public

A sculptor casts a marble statue of a three-winged bird. To protect against copying, the sculptor can obtain which of the following? - answer a copyright

A stock analyst discovers a new system for increasing the value of a stock portfolio. He may protect against use of his system by other people by securing - answer none of the above

A company prints up its customer list for use by its sales staff.The cover page carries a notice that says "confidential." A rival salesman gets a copy of the list. The company can sue to recover the list because the list is - answer a trade secret

Harvey filed a suit against the state of Colorado, claiming that a Colorado state law violates the commerce clause. The court will agree if the statute - answer places an undue burden on interstate commerce

The state legislature in Maine enacts a law that directly conflicts with a federal law. Mapco Industries, located in Portland, Maine, cannot comply with both the state and the federal law. - answer The federal law preempts the state law

Hannah, who lives in Ada, is the owner of Superior Enterprises, Inc. She believes that certain actions in the state of Ohio infringe on her federal constitutional rights, especially those found in the Bill of Rights. Most of these rights apply to the states under - answer the due process clause of the Fourteenth Amendment

. Minnesota enacts a statute that bans all advertising that is in "bad taste," "vulgar," or "indecent." In Michigan, Aaron Calloway and his brother, Clarence "Cab" Calloway, create unique beer that they decide to call Old Fart Ale. In their marketing, the brothers have a label in which an older man in a dirty T-shirt is sitting in easy chair, looking disheveled and having a three-day growth of stubble on his chin. It appears that the man is in the process of belching. He is also holding a can of

Old Fart Ale. The Minnesota liquor commission orders all Minnesota restaurants, bars, and grocery stores to remove Old Fart Ale from their shelves. The state statute and the commission's order are likely to be held by a court to be - answer a violation of the First Amendment

Raunch Unlimited, a Virginia partnership, sells smut whenever and wherever it can. Some of its material is "obscene" (meeting the Supreme Court's definition under Miller v. California) and includes child pornography. North Carolina has a statute that criminalizes obscenity. What are possible results if a store in Raleigh, North Carolina, carries Raunch merchandise? - answer -The partners could be arrested in North Carolina and may well be convicted.-The materials in Raleigh may be the basis for a criminal conviction.

Promissory Estoppel - answer A doctrine that applies when a promisor makes a clear and defi nite promise on which the promisee justifi ably relies. Such a promise is binding if justice will be better served by the enforcement of the promise.

Objective Theory of Contracts - answer A theory under which the intent to form a contract will be judged by outward, objective facts (what the party said when entering into the contract, how the party acted or