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ETH 321 Final Exam Guide (New)
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ETH 321 Final Exam Guide (New)

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Civil enforcement powers regarding federal antitrust matters belong to _______.

•          

the Treasury Department

•          

the Department of Revenue and Taxation

•          

the FTC and the Department of Justice

•          

the Department of Labor

 

Which of the following is true of tort law?

•          

It protects people from being tried twice for the same crime.

•          

Tort law typically deals with breach of contract.

•          

It provides compensation to those workers who have been injured on the job.

•          

It sets limits on how people can act and use their resources.

 

 

Fred takes Betty to dinner at a very expensive and exclusive restaurant. The menu does not mention prices. The server takes their order and both Betty and Fred enjoy the meal immensely. When the bill comes, Fred refuses to pay because the menu had no prices and because he and the server never engaged in language indicating and offer and acceptance. The server said, “Are you ready to order?” and when Fred said “Yes,” the server merely asked “What may I get you tonight?” Which of the following is true?

•          

Fred must pay based on an implied-in-fact contract theory.

•          

Fred must pay based on a promissory estoppel theory.

•          

Fred must pay based on expressed contract theory.

•          

Fred is correct because no contract was formed.

 

Which of the following statements is true of the WARN Act?

•          

It requires employers to give notice to an “at will” employee that he/she is being fired.

•          

It requires employers to give notice to employees that they are being subjected to polygraph tests.

•          

It requires employers to give notice to employees that an unscheduled drug test will be conducted for all employees.

•          

It requires employers to give notice of a scheduled mass layoff.

 

_____________ jurisprudence supports the idea that law can and should change to meet new developments in society.

•          

Sociological

•          

Natural

•          

Historical

•          

Positive law

 

Which of the following is true of the assumption of risks during delivery of goods?

•          

The buyer is responsible for damages to goods when the seller is about to transfer for shipment.

•          

The seller is liable for any damages incurred to the goods during shipment.

•          

The buyer is liable for any damages incurred to the goods during shipment.

•          

The seller is always responsible for shipping the goods to the buyer.

 

A 911 emergency response service needs operators who are bilingual in English and Spanish. A few applicants of Spanish origin are rejected due to poor English-speaking skills. They file a complaint on the grounds of discrimination based on nationality. Their complaint is squashed. Here, the defense of the federal government is on the grounds of _______.

•          

inculpatory evidence

•          

circumstantial evidence

•          

bona fide occupational qualifications

•          

exclusionary rule

 

Article 6 of the Treaty on European Union, called the Maastricht Treaty, states the EU is founded on:

•           private markets

•           rule of law

•           specific performance

•stare decisis

 

Interpreting Congressional intent, which of the following is never a bona fide occupational qualification (BFOQ)?

•Race

•National origin

•          

Sex

•Religion

 

Ethical formalists maintain that:

•          

the good of the many always supersedes the good of the few.

•          

harm to an individual is allowable as long as it serves a greater good.

•          

harm to individual rights is never justified by an increase in organizational or common good.

•          

values are situational and change based on circumstance.

 

The classification of crime is based on ________.

•          

punishment imposed if convicted

•          

prior record

•          

location

•           the judge's prerogative

 

Which of the following issues of administrative agencies relates to the substantive outcome of agencies’ rule-making and adjudicating authority?

•          

The administrative process is overwhelmed with paperwork and meetings.

•          

Enforcement of some laws varies over time.

•          

The reward system usually does not make a significant distinction between excellent, mediocre, and poor performance.

•          

It is very difficult to discharge unsatisfactory employees.

 

 

Which of the following is true of the use of alternative dispute resolution (ADR) techniques?

•          

Disputing parties can agree to use an ADR technique after the dispute arises.

•          

ADR techniques are ineffective once the pretrial process has begun.

•          

Disputing parties cannot use an ADR technique not specified in the original agreement.

•          

Disputing parties must begin a lawsuit to use any form of ADR.

 

The crucial issue with the continuity factor of a business’s organizational form is _______.

•          

the method by which the business can be dissolved

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