Because the principal is assumed to know what the agent knows, the agent has a _
ID: 2726037 • Letter: B
Question
Because the principal is assumed to know what the agent knows, the agent has a ________.
duty to relinquish
duty to inform
duty to indemnify
duty to perform
2 points
Question 5
Which one of the following is a concern of state governments?
foreign commerce
commerce with Native American tribes
police power
interstate commerce
2 points
Question 6
Because of the ________, evidence obtained from an unreasonable search and seizure cannot be used in a trial.
exclusionary rule
good faith exception
Fifth amendment
Miranda rights
2 points
Question 7
Protection from self-incrimination is part of the ________.
Fourth amendment
Fifth amendment
Sixth amendment
Eighth amendment
2 points
Question 8
Some version of Article 2 has been adopted in every state EXCEPT ________.
Wisconsin
Florida
Montana
Louisiana
2 points
Question 9
The amount of money that a worker's compensation claimant can recover is ________.
fixed at the federal level
preset as established by statute or regulations
dependent on whether the employer carried worker's compensation insurance
dependent on how quickly the claim was filed
2 points
Question 10
A roofing company finishes a job for the Miller family and gets paid. A few days later, the Millers determine that the wrong shingles were used; they had in fact ordered a higher quality material than what was used. This constitutes ________.
strict performance
tender of performance
inferior performance
substantial performance
2 points
Question 11
Under the Economic Espionage Act of 1996, which of the following suggests the maximum penalty that can be imposed per criminal violation?
15 years imprisonment
$10 million
the penalty imposed for a case where the trade secret benefitted a foreign government
life imprisonment
3.3: Explain the legal protection available to a patent holder
2 points
Question 12
Cori signs a contract with a real-estate agency to sell her house. Cori cannot use other real estate agents while in this contract. This relationship is an example of ________.
incidental authority
express agency
apparent agency
agency by ratification
2 points
Question 13
Which of the following is considered a common crime?
bribery
criminal fraud
larceny
embezzlement
2 points
Question 14
According to the UCC, a ________ is any symbol executed or adapted by a party with the intent to authenticate a writing.
brand
signature
promissory
proxy
2 points
Question 15
A party who agrees to act on behalf of another person or party is called a(n) ________.
fiduciary
third party
agent
principal
2 points
Question 16
Testing automobiles for safety before authorizing production is an example of the ________ theory of social responsibility.
maximizing profits
stakeholder interest
corporate citizenship
moral minimum
2 points
Question 17
The Sarbanes-Oxley Act does all of the following EXCEPT ________.
require a public company to prominently display a code of ethics for senior financial officers
require a public company to disclose whether it has adopted a code of ethics for senior financial officers
make certain conduct illegal
establish criminal penalties for violations
2 points
Question 18
Fund transfers are addressed in Article ________ of the UCC; this article was added to the UCC in 1989.
3
3A
4
4A
2 points
Question 19
A ________ is drawn on a financial institution and is payable upon demand.
draft
check
promissory note
certificate of deposit
2 points
Question 20
A successful plaintiff in a trade secret suit can do all of the following except ________.
recover any profits made from the use of the stolen information
prevent the offenders from working in that industry
recover for damages brought about by the offense
obtain an injunction against further use or dissemination of the secret
2 points
Question 21
Which of the following is NOT included in most state court systems?
limited-jurisdiction trial courts
bankruptcy court
intermediate appellate courts
general jurisdiction trials courts
2 points
Question 22
According to the U.S. Constitution, the president may enter into treaties with foreign governments provided that ________.
The treaties will not be considered a permanent part of our constitution
two thirds of the members of senate consent
they are not deemed unconstitutional
the treaties are economically advantageous for the United States
2 points
Question 23
All of the following are types of drafts EXCEPT ________.
trade draft
sight draft
demand draft
time draft
2 points
Question 24
When initiating a lawsuit, the ________ files a complaint in the proper court.
cross-complainant
plaintiff
defendant
clerk of court
2 points
Question 25
The ________ Act permits private parties to sue companies for fraud on behalf of the federal government.
False Claims
Faulty Business
Civilian Empowerment
Critical Examination
2 points
Question 26
A person or party who employs another person to act on his/her behalf is called a(n) ________.
fiduciary
third party
agent
principal
2 points
Question 27
Who comprised the membership of the American Federation of Labor at the time it was developed?
semiskilled workers
skilled craft workers
unskilled workers
all workers
2 points
Question 28
Which of the following is NOT protected by trademark law?
a symbol used by a company on their athletic shoes
the phrase “Stars and Stripes forever”
the slogan used on milk commercials
service marks
2 points
Question 29
Who is given patent protection in the United States?
the first person to invent something
the first person to file for a patent
the first person be granted a patent
the first person to produce a prototype
2 points
Question 30
Self-dealing is considered part of which general partnership duty?
duty of obedience
duty to inform
duty of care
duty of loyalty
2 points
Question 31
A separate piece of paper attached to an instrument on which an indorsement is written is called a(n) ________.
special indorsement
allonge
virgule
qualified indorsement
2 points
Question 32
The Statute of Frauds includes which of the following provisions?
All contracts for the sale of goods costing $500 or more must be in writing.
All contracts for the sale of goods costing $1000 or more must be in writing.
The sale of specially manufactured goods must be in writing.
Lease contracts involving payments of $500 or more must be in writing.
2 points
Question 33
The idea that social power has been bestowed upon the business and thus the business has a duty to help society is a tenet of which theory of social responsibility?
maximizing profits
stakeholder interest
corporate citizenship
moral minimum
2 points
Question 34
In an attempt to break up a fight between a feuding couple, Gunther gets hit in the jaw and gets taken to the hospital. He could pursue litigation under which of the following acts?
assault
battery
transferred intent
false imprisonment
2 points
Question 35
If consent to create a contract has been obtained by duress or fraud, ________ has been violated and the contract is void.
genuineness of assent
genuineness of consent
informed consent
contractual capacity
2 points
Question 36
Strict liability applies to which of the following?
a defective lawn mower sold at a yard sale
a raft sold at a discount superstore
any services provided by a beauty salon
a cracked syringe used to inject medication during an emergency procedure
2 points
Question 37
Which of the following statements is NOT true about entrepreneurs?
they start a business by themselves or with others
their endeavors contribute to the growth of the economy
their endeavors start out as a sole proprietorship
their endeavors may end up as major corporations
2 points
Question 38
Which of the following is NOT true about the federal Social Security system?
current contributions are set aside to fund that worker s eventual retirement
the Federal Insurance Contributions Act specified that employees must make contributions into the Social Security fund
Social Security funds are used for Medicare
employers are responsible for remitting payment from their employees to the IRS
2 points
Question 39
All of the following are true about the Uniform Commercial Code (UCC) EXCEPT ________.
it was developed in 1949
23 states have enacted all or part of the UCC as statutes
it was developed in response to the frustrations arising from trying to follow different business laws in each state
Article 2 of the UCC concerns sales
2 points
Question 40
________ holds that people must make a decision about what is ethical based on their own beliefs about what constitutes right and wrong behavior.
Kantian ethics
Ethical fundamentalism
Ethical relativism
Rawl’s Social Justice
2 points
Question 41
Informal contracts are so named because ________.
they are not fully enforceable
they are not typically used
informal language is used on the contract
no special form is required for their creation
2 points
Question 42
Which article of the UCC code establishes the requirements for negotiable instruments?
Article 3
Article 3A
Article 4
Article 4A
2 points
Question 43
Which of the following terms is a general description for a group of crimes?
robbery
larceny
theft
burglary
2 points
Question 44
The parties to a contract must have ________ for the contract to be enforceable against them.
agreement
consideration
contractual capacity
lawful object
2 points
Question 45
The theory that each person is presumed to have entered into a social contract with everyone else in society was proposed by ________.
Kant and Bentham
Bentham and Locke
Rousseau and Kant
Locke and Rousseau
2 points
Question 46
Which of the following is the MOST common form of agency?
apparent agency
express agency
implied agency
incidental authority
2 points
Question 47
A negotiable instrument must have all of the following requirements EXCEPT ________.
permanency
portability
conditionality
signature
2 points
Question 48
Which article of the UCC code establishes the regulations and principles that control procedures for checking account deposits and collections?
Article 3
Article 3A
Article 4
Article 4A
2 points
Question 49
Which of the following types of alternative dispute resolutions is contained in labor union agreements?
negotiation
arbitration
mediation
conciliation
2 points
Question 50
Which of the following statements would render an instrument NOT payable at a certain time?
payable on June 4, 2011
payable on or before June 4, 1970
payable 30 days after June 4, 2011
payable after June 4, 2011
2 points
Question 51
In the United States, which of the following statements is true about child labor?
newspaper delivery is the only job permitted to children under age 15
you must be at least 16 years old to work in a restaurant job
Individuals between 18 and 21 years of age may work unlimited hours in jobs deemed nonhazardous by the Department of Labor.
Children ages 16 and 17 may work unlimited hours in jobs deemed nonhazardous by the Department of Labor.
2 points
Question 52
Partnership law is codified in the ________.
United States Constitution
laws of each state
Uniform Partnership Act
Sarbanes-Oxley Act
2 points
Question 53
An agency is hired to spray herbicide on the sidewalks in front of a building to kill weeds. A city ordinance is then passed that forbids use of herbicides on public thoroughfares. The contract can be terminated due to ________.
changed circumstances
termination by ratification
termination by impossibility
indemnity
2 points
Question 54
In which of the following situations would a contract most likely NOT be terminated?
a schoolteacher lets her teaching license lapse
a horse owner who contracts with a farmer suddenly has ethical questions about the practice
a man adjudged mentally insane cannot perform his job as contracted
a family that contracts with a daycare for daily childcare files for bankruptcy
2 points
Question 55
When a wrongdoer deceives another person out of money or property, it is called ________.
disparagement
intentional misrepresentation
trade libel
tort of outrage
2 points
Question 56
A(n) ________ shop agreement states that employees must join the union within a certain amount of time; a(n) ________ shop agreement specifies dues to be paid.
agency; union
closed; union
closed; agency
union; agency
2 points
Question 57
Under state law, the owner of a trade secret can bring a ________ against anyone who unlawfully obtains a trade secret.
formal complaint
grievance against the opposing corporation
civil lawsuit
federal lawsuit
2 points
Question 58
The function of the ________ is to hear appeals from lower courts; no new evidence or testimony is heard.
inferior trial courts
courts of record
appellate courts
state supreme courts
2 points
Question 59
A(n) ________ indorsement does NOT disclaim or limit liability.
blank
special
qualified
unqualified
2 points
Question 60
Reverse engineering, a way to discover trade secrets, involves ________.
taking apart and examining a rival s product
hiring product developers away from a rival company
undermining a rival s business by selling a similar product at a lower cost
inventing a superior product that outsells its inferior counterpart
duty to relinquish
duty to inform
duty to indemnify
duty to perform
Explanation / Answer
Q Duty to inform
Q5 police power
Q6 Exclusionary rule
Q7 fifth amendments
Q.8 Louisiana
Q.9dependent on whether the employer carried worker's compensation insurance
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