C. Rivers and Harbors Act
What environmental law was the first one in the United States to give the country a permit system?
A. Clean Air Act
B. Clean Water Act
C. Rivers and Harbors Act
D. Federal Water Pollution Control Act
E. Resource Conservation and Recovery Act
E. A and B
Which of the following are currently required by the OPA?
A. Every oil tanker must have an oil cleanup contingency plan in the event of an oil spill
B. A certificate to be allowed to enter the United States from the U.S. Coast Guard
C. Proof that the ship
B. BACT
If a factory was built after the Clean Water Act went into affect, what type of pollution control device must be installed?
A. RACT
B. BACT
C. MACT
D. BPCT
E. None of the above
B. Point sources
The major area of concern in water pollution is
A. Automobiles
B. Point sources
C. Smoke stacks
D. Midnight dumpers
E. Wetlands
E. Any of the above are liable
Who is liable under the Comprehensive Environmental Response, Compensation, and Liability Act?
A. Owner of the land at the time the waste was deposited on the land
B. Generator of the hazardous waste
C. Operator of the land at the time the hazardous waste
C. Army Corps of Engineers
Wetlands are enforced by
A. EPA
B. Coast Guard
C. Army Corps of Engineers
D. NRC
E. Commerce Department
D. SIP
When the EPA created the environmental standards for Texas what was Texas required to create?
A. RACT
B. BACT
C. MACT
D. SIP
E. BPCT
C. State governments
Who enforces the NAAQS?
A. Municipal governments
B. County or parish governments
C. State governments
D. All of the above
E. National government
D. 1,100
When the first cleanup barge reached the Exxon Valdez disaster site fourteen hours after the accident how much of the Alaskan coastline, in miles was covered in oil?
A. 1
B. 11
C. 110
D. 1,100
E. 11,000
E. All of the above
If Carnival Cruise Lines dumps the trash hold on the ship into the ocean, what are the penalties that could be assessed for that dumping of trash?
A. Injunction
B. fine of $50,000
C. Imprisonment for up to 1 year
D. B and C
E. All of the above
B. BACT
If a factory is built in 1990 and emits air pollution, what type of pollution control devices would be required to be installed by the factory?
A. RACT
B. BACT
C. BPCT
D. MACT
E. None of the above
C. Drinking water
In the Clean Water Act, the EPA sets the stiffest standards for
A. Agricultural use
B. Industrial use
C. Drinking water
D. Propagation of fish
E. Recreation
B. Best available
What type of environmental controls are required by the Safe Drinking Water Act of 1974?
A. Reasonably available
B. Best available
C. Maximum achievable available
D. Best practical available
E. Absolute best available
D. MACT
If an already existing plant emits mercury, what type of air pollution controls must be installed?
A. RACT
B. BACT
C. BPCT
D. MACT
E. None of the above
D. Marine Protection, Research, and Sanctuaries Act
What is the real name of the Ocean Dumping Act?
A. Ocean Protection Act
B. Oceans Preservation and Permit act
C. Marine Wildlife and Fish Research Act
D. Marine Protection, Research, and Sanctuaries Act
E. Ocean and Marine Protection and Wildlife Sanctuar
E. The federal government sets the standards, the state governments enforce the standards, and if they do not, the federal government enforces them
Which of the following statements best describes the procedures under the Clean Water Act?
A. The federal government sets and enforces the standards
B. The state government sets and enforces the standards
C. The federal government sets the standards, the
E. C and D
Which of the following is/are NOT covered by the EPA but probably will be in the future?
A. Mobile point sources
B. Toxic substances
C. Indoor air pollution
D. Urban run off
E. C and D
D. All of the above
When the EPA sets the NAAQS, what is of secondary concern to the EPA?
A. Vegetation
B. Climate
C. visibility
D. All of the above
E. Human beings
E. ACQR
In air pollution, a state is subdivided into
A. RACT
B. BACT
C. BPCT
D. SIP
E. ACQR
A. NAAQS
What are the standards for the country set by the EPA in air pollution?
A. NAAQS
B. RACT
C. BCAT
D. SIPS
E. ACQRS
B. Fair Credit Billing Act
When you want to correct inaccurate billing on a credit card statement, what law can you use?
A. TILA
B. Fair Credit Billing Act
C. Consumer Leasing Act
D. Fair Debt Collection Protection Act
E. Any of the above
E. All of the above
The Equal Credit Opportunity Act applies to
A. Race, color, religion, sex, and national origin
B. Type of income received including welfare
C. Marital status in Texas
D. Age
E. All of the above
E. A, B, and C
Disclosure must be made under the Truth in Lending Act if
A. The amount financed is more than $25,000
B. There are more than four payments
C. In certain real estate loans
D. A and C
E. A, B, and C
C. Fair Debt Collection Protection Act
Which Consumer Act applies to collection agencies?
A. Truth in Lending Act
B. Fair Credit Billing Act
C. Fair Debt Collection Protection Act
D. Fair Credit Reporting Act
E. All of the above
E. A, B, and C
Under the Fair Credit Reporting Act who is responsible for incorrect information being included in your credit report?
A. The Credit Reporting company
B. The company that incorrectly reported the information
C. Any company that makes use of the credit rep
D. 200 acres and all of the improvements thereon
Mike and Mary are a married couple. Their rural homestead in Texas is
A. 100 acres
B. 100 acres and all of the improvements thereon
C. 200 acres
D. 200 acres and all of the improvements thereon
E. None of the above
D. Chapter 13
Reorganization Bankruptcy for individuals with set income is found in what Chapter of the Federal Bankruptcy Code?
A. Chapter 7
B. Chapter 9
C. Chapter 11
D. Chapter 13
E. Chapter 15
E. B and C only
The Fair Credit Reporting Act allows a Consumer's Credit Report to be used by
A. Employers
B. Consumers when requested by a written request by the consumer
C. By court order
D. All of the above
E. B and C only
D. All of the above
What must be disclosed by Regulation Z of TILA?
A. Starting date of the obligation
B. Cash price of the transaction
C. Number of payments
D. All of the above
E. A and C only
E. All of the above
A Mechanic's, Contractor's, or Materialman's Lien covers which of the following types of situations where you do not pay for the actions?
A. Repairs on your home such as when a new heating system is installed
B. Little Johnny cutting the grass
C. Installa
B. Surety
Mike promises in writing to pay the debt owed by Mary in the event that Mary does not pay the debt. If the Creditor, Tom, correctly goes after Mike without suing Mary, Mike is a
A. Guarantor
B. Surety
C. Third party beneficiary
D. B and C
E. All of the ab
A. Chapter 7
Liquidation is handles under what section of the Bankruptcy Code?
A. Chapter 7
B. Chapter 9
C. Chapter 11
D. Chapter 13
E. Chapter 15
D. A and B
To obtain a Writ of Execution, you must have reason to believe that the debtor is
A. About to leave the state
B. About to take the property out of the state
C. Simply indebted to you
D. A and B
E. A, B, and C
E. A and C only
Which of the following is true about a rural homestead?
A. The claimed property can be in more than one parcel
B. Is limited to 200 acres for a single adult
C. The debtor gets to designate the exempt property
D. A, B, and C
E. A and C only
A. Artisan's lien
Which of the following is a possessory lien?
A. Artisan's lien
B. Landlord's lien
C. Mechanic's and materialman's lien
D. Judgment lien
E. All of the above
B. $30,000 worth of exempt personal property
Spencer is a single adult with no children, his personal property maximum of exempt property, in Texas is
A. $15,000 worth of exempt personal property
B. $30,000 worth of exempt personal property
C. $60,000 worth of exempt personal property
D. $90,0000 wo
E. A and D
What property can a landlord NOT take under a proper Landlord's Lien?
A. The shirt off your back
B. Your television set
C. Your video game set
D. Family pictures
E. A and D
B. You can only select one type of homestead in Texas
Which of the following is true about the homestead exemption in Texas?
A. There are three types of homesteads in Texas
B. You can only select one type of homestead in Texas
C. The homestead exemption is capped at a maximum of $150,000 per homestead
D. The
E. There is no maximum limit
In Texas, what is the maximum amount of exemption that a Consumer can claim for a retirement account?
A. $30,000 if the debtor is single
B. $60,000 if the debtor is married or head of a family
C. $90,000
D. $120,000
E. There is no maximum limit
D. When total payments do not exceed $25,000
The Consumer Leasing Act applies to
A. Real estate leases
B. Business leases
C. Corporations
D. When total payments do not exceed $25,000
E. Only consumer loans of more than $25,000 such as a lease on a Lexus automobile
E. A and C
Where can little Johnny work if he is under 15 under the Fair Labor Standards Act?
A. For his parents in the family business
B. At a construction site driving heavy equipment
C. At a fast food eating establishment if you stay away from the deep fryers
D.
A. Compensation
What one aspect of employment does the Equal Pay Act deal with?
A. Compensation
B. Hiring
C. Firing
D. A and C
E. All of the above
E. All of the above
The Rehabilitation Act gave us which of the following?
A. Curb cuts in sidewalks
B. Hire the handicapped programs
C. Affirmative action
D. Handicapped parking
E. All of the above
B. Griggs Test
What test do you use to prove disparate impact?
A. Howey Test
B. Griggs Test
C. Franklin Test
D. Schwinn Test
E. HHI
E. Nothing
If the labor representative calls OSHA and reports safety violations and even goes so far as to point those violations out to the OSHA inspectors when they arrive, what can the employer do to the worker for reporting the OSHA violations?
A. Fire him/her
B
E. B and D
Which of the following statements about drug testing by your employers is/are true?
A. An employer can do random drug tests on any employee for any reason
B. An employer can do a drug test on the employees involved in an accident at work
C. An employer ca
D. Sex
The Equal Pay Act deals with what class(es) of workers?
A. Race
B. Color
C. Religion
D. Sex
E. All of the above
E. A, B, and C
Little Johnny is fourteen, where can he work outside of his parents own business under the Fair Labor Standards Act?
A. In the acting profession
B. As a paperboy
C. Some farming situations
D. As an ocean lifeguard for the state of California where he risk
E. A, B, and C only
When it comes to privacy in the workplace what is an example of what the employer can do?
A. Search your desk with good cause and if required with a search warrant
B. Do random drug tests if you agreed to that as a condition of your employment
C. Monitor
E. 40 and above
The Age Discrimination in Employment Act and its subsequent amendments protects workers who are:
A. 40-65
B. 40-70
C. 40-75
D. 40-80
E. 40 and above
E. B, C, and D
What state(s) have Off-Duty Conduct statutes?
A. Texas
B. North Dakota
C. New York
D. Colorado
E. B, C, and D
E. A and D
Comparable Worth
A. Is an argument that equal pay should extend to workers that are doing different jobs that have a comparable worth to the business
B. Statutory law in 35 states
C. Only adopted by common law and in just a few states in the United States
E. A and B
Which of the following is/are an example of a protected class under the Civil Rights Act of 1964?
A. Two Latino employees speaking Spanish at work during their break who are fired for doing so because they are Latino
B. Firing a woman because she is pregn
E. C and D only
Which of the following is/are an example(s) of areas that have been added to the five (5) categories that are protected classes under the Civil Rights Act of 1964?
A. Color
B. Sexual protection
C. Pregnancy
D. Sexual harassment
E. C and D only
C. Restrictions on child labor
What is/are a/the major provision(s) of the Faire Labor Standards Act of 1938?
A. Minimum wage of $8 per hour
B. Creation of a forty (40) hour work week
C. Restrictions on child labor
D. A, B, and C
E. A and B only
D. 30%
During the Depression at the time that FDR was implementing the New Deal what was the rate of unemployment in the United States?
A. 10%
B. 20%
C. 25%
D. 30%
E. 50%
E. Thumb
Assume you are right handed and that you cut off your finger. Under workers compensation law in Texas, what is the most valuable finger on your right hand?
A. Little finger
B. Ring finger
C. Middle finger
D. Index finger
E. Thumb
D. A and B
Which of the following are necessary steps to prove a prima facie case of disparate treatment in a hiring situation?
A. That you are qualified for the job
B. That the employer is seeking applications
C. That they have a practice that results in discrimina
E. A and C
Under which type of discrimination do you have to prove intent to discriminate?
A. Disparate Treatment
B. Disparate Impact
C. Differential Treatment
D. A and B
E. A and C
E. None of the above
Affirmative Action requires
A. Quota systems
B. Requiring an employer to hire unqualified people
C. Requiring an employer to always hire people in the protected class
D. All of the above
E. None of the above
B. Rule 16b of the '34 Act
Short-Swing" Profits are set by:
A. Rule 10b of the '34 Act
B. Rule 16b of the '34 Act
C. Rule 24b of the '33 Act
D. Rule 59b of the '33 Act
E. None of the above, there is no such thing in Securities Law
E. B, C, and D
What type of securities are debt obligations of the corporation?
A. Stocks
B. Bonds
C. Debentures
D. Equipment trust bonds
E. B, C, and D
E. A and B only
The Insider Trading Sanctions Act established
A. Treble damages in insider trading
B. Liability for aiders and abettors in insider trading
C. A ten (10) year statute of limitations
D. A, B, and C
E. A and B only
D. All of the above
Which of the following statements is/are true about "Short-Swing" Profits?
A. There are no defenses
B. Insider information is deemed to be used
C. The corporation is supposed to sue to recover the profit
D. All of the above
E. B and C only
E. All of the above
Who can be liable under "Short-Swing" Profits?
A. Officers
B. Directors
C. 10% or greater stockholders
D. Managers
E. All of the above
E. B and C
Proxy solicitation is:
A. Illegal
B. Allowing someone else to vote your shares
C. Highly regulated by the '34 Act
D. Only available to insiders in a corporation
E. B and C
E. Only A and C
What are the legal duties of the directors and managers/officers to the owners of the corporation?
A. Duty of due care and diligence
B. They must always make the right decision
C. Fiduciary duty
D. All of the above
E. Only A and C
C. Board of directors
Who/what is responsible for the operation of the corporation? Who would be the agents to the owners of the corporation?
A. Members
B. Shareholders
C. Board of directors
D. Officers and managers
E. A and B
E. B and C
What are the penalties for violation of the '34 Act?
A. Five (5) years in prison
B. Ten (10) years in prison
C. $10,000 fine
D. A and C
E. B and C
B. Public Company Accounting Oversight Board
Sarbanes-Oxley created a regulatory agency to establish and enforce ethical and auditing standards for auditors of public companies; this agency is called:
A. Remember Arthur Andersen Board
B. Public Company Accounting Oversight Board
C. Private Company A
E. All of the above
What countries of the world generally use Generally Accepted Accounting Principles (GAAP)?
A. The United States
B. Germany
C. France
D. Japan
E. All of the above
E. A and C only
When does the Business Judgment Rule protect the corporate directors or officers and managers?
A. The action was taken based on an informed decision
B. There was a conflict of interest involved
C. There was a rational basis for the decision
D. A, B, and C
A. 5%, tender offer
When attempting to purchase what percentage of a company's stock must you notify the SEC of your proposal and what is it called?
A. 5%, tender offer
B. 10%, tender offer
C. 15%, proxy solicitation
D. 20%, proxy solicitation
E. 25%, proxy solicitation
B. Outside directors
Under Sarbanes-Oxley, who must be on the audit committee?
A. Outside officers
B. Outside directors
C. Inside officers
D. Insider directors
E. A and B
E. A and C only
What should be included in the prospectus?
A. Terms of the security
B. A rating on the security by the SEC
C. Independently audited financial statements
D. A, B, and C
E. A and C only
C. Make the audit committee be totally composed of outside directors
Which of the goals of CalPERS when dealing with institutional investors became part of Sarbanes-Oxley?
A. Make outside directors constitute a majority of the board of directors
B. Have the chairperson of the board be an outside director
C. Make the audit
D. Secretary of State
Which is the proper official to file your papers to create a corporation if you want to incorporate in Texas?
A. Attorney General
B. Lt. Governor's Office, Corporate Division
C. Department of Public Safety
D. Secretary of State
E. Department of Business,
B. Bylaws
What document sets the rules that govern the operation of the corporation?
A. Operating agreement
B. Bylaws
C. Company regulations
D. Articles of incorporation
E. Articles of organization
D. A and C
What are the penalties for violation of the '33 Act?
A. Five (5) years in prison
B. Ten (10) years in prison
C. $10,000 fine
D. A and C
E. B and C
B. Six (6) months
What is the time period on "Short-Swing" Profits?
A. Three (3) months
B. Six (6) months
C. 1 year
D. 3 years
E. 6 years
D. It can last forever
Which of the following is true about a limited liability company?
A. It is the oldest form of business entity
B. It is the simplest form of business entity to create
C. It requires no formalities to create it
D. It can last forever
E. A, B, and C
E. A and B
Which of the following is/are taxed like a partnership even though that entity is not a partnership?
A. Limited Liability Company
B. S Corporation
C. Closely Held Corporation
D. Limited Partnership
E. A and B
C. Corporation
If your primary objective is to give all the owner(s) limited liability, your choice for a type of business entity should be a:
A. Sole proprietorship
B. Partnership
C. Corporation
D. Limited Partnership
E. Any of the above give the owner(s) limited liabi
B. Two
How many different classes of partners must a limited partnership have to be legal?
A. One
B. Two
C. Three
D. Four
E. Five
E. A, B, and C
Which of the following are true about a sole-proprietorship?
A. It is the oldest form of business entity
B. It is the simplest form of business entity
C. There are no formalities in creating it
D. It can last forever
E. A, B, and C
E. All of the above
Which of the following is true about limited liability companies?
A. They give all of their owners limited liability
B. They are much easier to operate than the corporate form
C. They have flexibility in taxation
D. They have flexibility in management
E.
B. LLP
Which business entity was created in Texas in 1991?
A. LP
B. LLP
C. LLLP
D. S corporations
E. PC
C. Certificate of Organization
What is the birth certificate of the LLC?
A. Articles of Organization
B. Articles of Incorporation
C. Certificate of Organization
D. Certificate of Incorporation
E. Corporate Charter
C. Germany
Where did LLCs begin?
A. Japan
B. China
C. Germany
D. England
E. France
E. A and D
Who elects the board of directors in a corporation?
A. Owners
B. Officers
C. Managers
D. Shareholders
E. A and D
D. A and B
What must be included in the filing that is necessary to create an LLC?
A. Name of the LLC
B. The purpose of the LLC
C. Name and address of each incorporator
D. A and B
E. A, B, and C
E. C and D
Which of the following types of business entities have/has a limited on the type of owners they can have?
A. Limited liability company
B. Partnership
C. S corporation
D. Professional corporation
E. C and D
C. There are no formalities to forming it
Which of the following is true about a partnership?
A. It is the oldest form of business entity
B. It is the simplest form of business entity
C. There are no formalities to forming it
D. It can last forever
E. A, B, and C
E. None of the above
If you are creating a partnership which of the following items MUST be in the partnership agreement?
A. Relation of the partners to each other
B. Responsibilities of the partners
C. Duration of the partnership
D. How are the profits going to be split
E. N
E. A and B
Which type(s) of businesses cannot be a LLC?
A. Banks that are insured by the FDIC
B. Insurance companies
C. Car dealerships
D. Restaurants
E. A and B
D. Wyoming
What was the first state to have LLCs in the United States?
A. Nevada
B. Arkansas
C. Kansas
D. Wyoming
E. Montana
C. Corporation
If your primary objective is to be able to raise capital from the public, which form of business entity is the correct choice?
A. Sole proprietorship
B. Partnership
C. Corporation
D. Limited partnership
E. Limited liability company
E. C and D
If you want to create a separate legal entity, which form(s) of business entities do so?
A. Sole proprietorship
B. Partnership
C. Corporation
D. Limited liability company
E. C and D
B. Accountants
What profession first used LLPs in large numbers?
A. Attorneys
B. Accountants
C. Bankers
D. Dentists
e. Doctors
D. It can last forever
Which of the following is true about a corporation?
A. It is the oldest form of business entity
B. It is the simplest form of business entity
C. There are no special requirements to create it
D. It can last forever
E. A, B, and C
C. Was used to get an injunction to stop unions
How was the Sherman Anti-Trust Act used by Employers to stop Unions? Sherman:
A. Specifically outlawed unions
B. Allowed yellow dog contracts to exist
C. Was used to get an injunction to stop unions
D. All of the above
E. None of the above
D. Labor Management Relations Act
Which labor law passed by Congress over a Presidential veto?
A. Norris LaGuardia
B. Wagner
C. National Labor Relations Act
D. Labor Management Relations Act
E. Labor Management Reporting and Disclosure Act
E. A and B
The labor law that prohibited management from obtaining injunctions against labor disputes was/were:
A. Norris LaGuardia
B. The Anti-Injunction Act
C. Wagner
D. The National Labor Relations Act
E. A and B
A. Social unionism
European unions tend to follow which theory?
A. Social unionism
B. Business unionism
C. Communist unionism
D. Democratic unionism
E. Fascist unionism
D. Taft-Hartley
Which labor law outlawed closed shops?
A. Norris LaGuardia
B. Wagner
C. National Labor Relations Act
D. Taft-Hartley
E. Landrum-Griffin
C. Ally doctrine
The exception to the rule on secondary boycotts is:
A. Wildcat strikes
B. Hot cargo agreements
C. Ally doctrine
D. Charging excessive union dues
E. None of the above
C. Black-listing
When the employer fired employees for joining unions and then reported them to other potential employers, this was called:
A. Yellow dog contracts
B. Red starring
C. Black-listing
D. Blue hazing
E. Green herring
C. Slave Labor Act
What did labor call Taft-Hartley?
A. Reinstatement of Pre-Civil War Status
B. Forced Labor Act
C. Slave Labor Act
D. Labor-Management Overseer Act
E. Field Hand Reinstatement Act
A. Norris LaGuardia
The Labor Law that outlawed yellow dog contracts was:
A. Norris LaGuardia
B. Wagner
C. National Labor Relations Act
D. Taft-Hartley
E. B and C
B. Wagner
Which Labor Law specifically legalized unions and gave them several concerted activities like going on strike?
A. Norris LaGuardia
B. Wagner
C. National Labor Relations Act
D. Wagner Act
E. Landrum-Griffin
A. Kennedy
Who was the first President to get the opportunity to enforce Landrum-Griffin?
A. Kennedy
B. Johnson
C. Nixon
D. FDR
E. Reagan
D. 30%
For a representative election to be held, the Union must collect authorization cards from how much of the work force?
A. 10%
B. 20%
C. 25%
D. 30%
E. 33%
E. Immigration Act of 1924
The only real positive union gain prior to the Great Depression in 1929 was the:
A. Haymarket Riot of 1886
B. Sherman Act of 1890
C. Pullman Strike of 1894
D. Homestead Steel Strike
E. Immigration Act of 1924
D. Labor-Management Relations Act
The Taft-Hartley Act of 1947 is also called the:
A. Anti-Injunction Act
B. National Labor Relations Act
C. Wagner
D. Labor-Management Relations Act
E. Labor-Management Reporting and Disclosure Act
C. Electrical workers
Under Wagner, who is a covered employee?
A. Governmental employees
B. Maids
C. Electrical workers
D. Agriculture workers
E. Butlers
E. All of the above are mandatory subjects of good faith bargaining
Mandatory topics of good faith bargaining include all of the following except:
A. Pension
B. Seniority
C. Subcontracting
D. Closing plants
E. All of the above are mandatory subjects of good faith bargainin
B. Wagner Act
Which Labor Law created the National Labor Relations Board (NLRB)?
A. Norris LaGuardia Act
B. Wagner Act
C. Taft-Hartley Act
D. Landrum-Griffin Act
E. The NLRB was created by case law
B. National Labor Relations Act
The Magna Charta of American Labor is:
A. Anti-Injunction Act
B. National Labor Relations Act
C. Labor Management Relations Act
D. Labor Management Reporting and Disclosure Act
E. C and D
B. Business unionism
American unions tend to follow which theory?
A. Social unionism
B. Business unionism
C. Democratic unionism
D. Communist unionism
E. Fascist unionism
B. New Deal
The Election of 1932 ushered in a new era called the:
A. New Frontier
B. New Deal
C. Great Society
D. Big Deal
E. Social Society
E. All of the above
Which of the following is/are exempt from the Anti-Trust Laws that we discussed in class?
A. Public transportation
B. Labor unions
C. Insurance and other state regulated industries
D. Certain agricultural organizations
E. All of the above
D. MLB - Major League Baseball
Which of the following is/are exempt from the Anti-Trust Laws that we discussed in class?
A. NBA - National Basketball Association
B. NHL - National Hockey League
C. NFL - National Football League
D. MLB - Major League Baseball
E. All of the above are exe
B. Selling your product to one entity for one price and selling the same product to another entity for a different price without justification
What is price discrimination?
A. An area of anti-trust activity that is handled by the per se rule
B. Selling your product to one entity for one price and selling the same product to another entity for a different price without justification
C. Selling yo
E. B and D
If two companies want to merge that sell the same products in a different part of the country, what type of merger would this be?
A. Vertical
B. Horizontal
C. Product extension merger
D. Geographic extension merger
E. B and D
D. B and C
The FTC usually enforces
A. Sherman
B. Clayton
C. FTC
D. B and C
E. All of the above
E. A and C
FTC v. Superior Court Trial Lawyers Association
A. Dealt with horizontal price discrimination
B. Dealt with vertical price discrimination
C. Issued a decision by the per se rule with the exception that horizontal price discrimination is allowed if it is t
E. A and D
Horizontal Exchange of Information is subject to a high burden rule. Therefore, one should not exchange information if:
A. They discuss price
B. They discuss how to distribute the product
C. they discuss the options on shipment of the product
D. They hide
E. B and D
Price Discrimination is handled by what law(s)?
A. Sherman
B. Clayton
C. FTC
D. Robinson-Patman
E. B and D
A. Product market and geographic market
The relevant market is the:
A. Product market and geographic market
B. Product market only
C. Geographic market only
D. Market power
E. Market share
E. Conglomerate merger
If two totally unrelated companies want to merge this would be what type of merger?
A. Horizontal
B. Vertical
C. Product extension merger
D. Geographic extension merger
E. Conglomerate merger
E. All of the above
The U.S. merger guidelines can apply to:
A. Horizontal competitors
B. Vertical competitors
C. Conglomerate mergers
D. Potential competitors
E. All of the above
C. Horizontal merger
If Chrysler merged with General Motors, what type of merger would this be?
A. Product extension merger
B. Geographic extension merger
C. Horizontal merger
D. Vertical merger
E. A and C
B. Vertical merger
If a supplier merges with a retailer this would be a:
A. Horizontal merger
B. Vertical merger
C. Market extension merger
D. Geographic extension merger
E. Conglomerate merger
A. Sherman
The Anti-Trust Act(s) that was/were broad and punitive rather than specific and preventative is:
A. Sherman
B. Clayton
C. FTC
D. B and C
E. All of the above
E. A, B, and C
What caused the trusts to become powerful in the late 1880s?
A. Growth of corporations
B. Pro-business attitudes of the courts
C. Republic domination
D. A large amount of international business activity
E. A, B, and C
E. All of the above
What is a type of justification to price discrimination?
A. You're simply meeting the competition's price
B. Product is out of season
C. Volume discount
D. Cost justification
E. All of the above
A. Horizontal geographic extension merger
If a Florida manufacturer of widgets that only sells its widgets in Florida merges with a North Carolina manufacturer of the same widgets who only sells his widgets in North Carolina, this would be a:
A. Horizontal geographic extension merger
B. Vertical
E. Only A, B, and C are required
What are the requirements of the Vertical Restraint Guidelines?
A. The seller has to have market power in the tying product
B. The tied product and the tying product must be separate
C. There must be substantial adverse effect on the tied product market
D
C. The good of the consumer
The primary concern in anti-trust law is:
A. Profitability of the target company
B. Market power of the target company
C. The good of the consumer
D. The good of the target company
E. All of the above
A. Interpretation by the federal courts
The Sherman Act proved to be ineffective due to:
A. Interpretation by the federal courts
B. Interpretation by the state courts
C. Manner in which it was written by congress
D. Way in which it was enforced by the President of the United States
E. Way in wh
A. U.S. Department of Agriculture
What regulates the meat industry?
A. U.S. Department of Agriculture
B. The States only
C. FDA
D. USCA
E. U.S. Department of the Interior
E. A and C
What type of regulatory rules do the courts give the closest scrutiny?
A. Procedural rules
B. Substantive rules
C. Regulations
D. All of the above
E. A and C
E. All of the above
An example of an independent agency is/are:
A. FTC
B. NLRB
C. SEC
D. FCC
E. All of the above
C. Franklin D. Roosevelt
Regulatory Agencies were held to be invalid or at least constitutional suspect during what President's administration?
A. Teddy Roosevelt
B. Herbert Hoover
C. Franklin D. Roosevelt
D. Harry Truman
E. John Kennedy
D. All of the above
Which of the following federal regulatory agencies was/were created during the Social Conscious Era of the 1960s and 1970s?
A. CPSC
B. OSHA
C. EPA
D. All of the above
E. None of the above
D. A and B
An agency where the President of the United States appoints the head official and can remove the head official is called a/an:
A. Executive agency
B. Dependent agency
C. Independent agency
D. A and B
E. A, B, and C
A. An enabling statute
The statute that creates most regulatory agencies is called:
A. An enabling statute
B. An article of formation
C. The Administrative Procedures Act
D. The Federal rules of Civil Procedure
E. A and C
C. Lawn darts
What product did I use as an example in class of being recalled by the CPSC?
A. Glass cabinets
B. Desks
C. Lawn darts
D. Red M&Ms
E. Silicon breast implants
D. Silicon breast implants
What was an example of a product that was removed from the market by the FDA that was later allowed to be put back on the market when it was determined that the FDA was wrong?
A. Tan M&Ms
B. Lawn darts
C. Desks
D. Silicon breast implants
E. All of the abo
E. All are types of enforcement powers of regulatory agencies
Which of the following is NOT a type of enforcement by a regulatory agency?
A. Subpoena
B. Self-reporting
D. Direct observation
D. Performing tests and inspections
E. All are types of enforcement powers of regulatory agencies
B. Congress
The ultimate control over regulatory agencies is held by:
A. The President
B. Congress
C. The Courts
D. The people
E. Interest groups
C. Sunset laws
Which of the following types of reform agencies does not apply to the Federal Agencies?
A. The Regulatory Flexibility Act of 1980
B. The Small Business Regulatory Enforcement Fairness Act of 1996
C. Sunset laws
D. Deregulation
E. All of the above are refo
E. A and B only
What was/were the historical reason(s) for the passage of the Pure Food and Drug Act of 1906?
A. Spanish American War
B. Publication of the book, "The Jungle"
C. Public outcry over the Coffee Industry making several hundred people sick in the late 1890s
D
E. B and C only
Which of the following federal regulatory agencies was/were created during the Great Depression and the New Deal Era?
A. FDA
B. SEC
C. NLRB
D. FTC
E. B and C only
B. Drug effectiveness
The Kefauver-Harris Amendment deals with:
A. Drug safety
B. Drug effectiveness
C. Food safety
D. Food additives
E. Food nutritional labeling
E. A, B, and C only
Which of the following are duties of the CPSC?
A. Develop and issue consumer product safety standards
B. Issue labeling standards
C. Issue minimum performance criteria for products
D. Imprison wrongdoers
E. A, B, and C only
B. When creating substantive rules
When does a regulatory agency have to utilize formal rule making procedures?
A. When creating procedural rules
B. When creating substantive rules
C.When creating regulations
D. A and C
E. None of the above
A. Historical
There are at least three eras of federal regulatory agencies. The FDA was created during which one?
A. Historical
B. New Deal
C. Socially Conscious
D. Great Society
E. New Frontier
A. OSHA
An example of a dependent agency is/are:
A. OSHA
B. FTC
C. ICC
D. CAB
E. All of the above
B. They have enforcement power in and of themselves
What is the power that sets aside the regulatory agencies from other branches of government?
A. They have executive, legislature, and judicial authority
B. They have enforcement power in and of themselves
C. They are always created by an enabling statute
E. C and D
Sam points a water pistol at Jane who thinks Sam is going to kill her. Jane is terrified and runs away. Jane sues Sam. What will probably happen?
A. The law would always rule for Sam since it was just a water pistol
B. The law would always rule for Jane s
C. Interference with prospective economic advantages
Which of the intentional torts does Texas NOT recognize?
A. Infliction of emotional damages
B. Intentional interference with contractual relations
C. Interference with prospective economic advantages
D. Malicious prosecution
E. B and C
E. All of the above are purposes of tort law
The purpose of tort law is
A. Compensation
B. Justice
C. Deterrence
D. Social insurance
E. All of the above are purposes of tort law
E. C and D
You are at a party and Herman gets very drunk. You try to take his keys away from him so that he will not drive home drunk. To get the keys away from Herman you hold him down and make him give you the keys by force. Herman, however, is not hurt. Once he s
E. A and C
Strict liability in torts is
A. Liability without fault
B. Careless or reckless conduct
C. Normally limited to abnormally dangerous activities
D. All of the above
E. A and C
C. Truth
Defenses to assault and battery include all of the following except:
A. Consent
B. Privilege
C. Truth
D. Self-defense
E. All of the above are defenses to assault and battery
E. A, B, and D, but not C
Defenses to trespass include all of the following:
A. A trespasser enters the property to assist a non-trespasser who is in danger
B. A trespasser enters the property to assist even a trespasser who is in danger
C. A trespasser enters the property and imp
D. Trade dress
In Two Pesos, Inc. v. Taco Cabana, Inc. the Supreme Court held that a Mexican-style restaurant could not copy the decor of a competitor because of the law protecting:
A. Copyrights
B. Patents
C. Trade names
D. Trade dress
E. Trade secrets
B. Mary can utilize state law for trademark protection
Mary tries to register the name of her product, "Twin Cities Pretzels" and is turned down by the federal government. Which of the following is true:
A. Mary must seek protection under trade name law
B. Mary can utilize state law for trademark protection
C
B. Invasion of Privacy but they would lose
Howard and his girlfriend decide to drive through a crowd in the nude on his motorcycle to attend the "streak in" outside the Academic Building. The motorcycle dies and he has to jump start the motorcycle while she stands next to him trying to describe wh
C. Trademarks
The Lanham Act covers
A. Copyrights
B. Patents
C. Trademarks
D. Trade secrets
E. Trade names
E. All of the above
Negligence requires:
A. A duty owned to the injured party
B. Harm to the injured party
C. Beach of the duty
D. Causation
E. All of the above
B. Trade names
Which of the following forms of intellectual property are protected only under state law or common law?
A. Trademarks
B. Trade names
C. Copyright
D. Patents
E. A and B
A. Copyright
Lee takes a picture of the sunset with a windmill in front of the sun. The windmill is not associated with any product or company. He decides that hew ants to protect the photograph as his intellectual property. His best way to do so would be by
A. Copyri
D. All of the above
The Student Body President at a major university goes to a party and gets drunk. He then tells all of the attendees at the party that the very popular basketball coach is really a child molester and that he was at a meeting where the President of the Univ
D. Disney
One of the biggest companies to benefit from the Sonny Bono Copyright Extension Act of 1998, as discussed in class, was
A. Hanna Barbara
B. Budweiser
C. Microsoft
D. Disney
E. Random House Publishing
B. Puck will lose because what he did was in public
During Boot Line when A&M is playing tu on national TV and the game is covered by ABC, Puck the bad ag drops his pants and shows his tattoos of "beat tu" on his left cheek and "12 man rocks" on his right cheek. He is caught on national TV during the halft
A. Negligence theory
MacPhearson v. Buick Motor Co. established what type of products liability?
A. Negligence theory
B. Expressed warranty theory
C Implied warranty theory
D. Strict liability
E. Market share liability
C. Loses the defamation case if in fact he is a gay and dances at the alleged club but win the invasion of privacy case if there was disclosure of private facts
Mary thinks that Sterling is the best looking guy in school. Mary asks Sterling out and he rejects her. She finds out that Sterling is a gay and dances at a Gay Bar. Mary tells the whole class at the next class meeting. Sterling sues Mary for defamation a
E. B and C
Which of the following are protected by copyright law?
A. An invention
B. Architectural designs
C. Writing a story about a historical event
D. The actual news itself
E. B and C
B. Condition subsequent contract
If you agree to a contract and under the terms of the contract you must begin performance immediately and perform under the contract until a stated event in the contract occurs, you have entered into what type of contract?
A. Unconditional contract
B. Con
C. Partially executed contract
A contract where Tom and Jerry entered into a contract and Tom has fully performed all of the obligations of the contract but Jerry has not completed the requirements of the contract, is called a/an:
A. Executed contract
B. Executory contract
C. Partially
B. Executory contract
A contract where one party has performed completely, but the other party has not can best be described as a/an:
A. Executed contract
B. Executory contract
C. Partially executory contract
D Unilateral contract
E. Bilateral contract
B. Compensatory
The most common type of damages in a contract case are:
A. Reformation
B. Compensatory
C. Specific performance
D. Injunction
E. A and B
A. Discharged as to complete performance
Jack and Jill enter into a contract. If both perform all of the requirements of the contract satisfactorily, the contract is:
A. Discharged by complete performance
B. Discharged by substantial performance
C. A material breach of contract
D. Only discharge
B. Implied power
Austin is following Peter's instruction in an agency relationship. Peter has given Austin the specific instructions to drive the car the most direct route using interstate highways when possible. Austin is driving from Houston to Los Angeles. When Austin
C. An equitable remedy called specific performance
A court order forcing someone to perform the obligation to a contract that the party had previously agreed to do and then refused to do, is called:
A. An equitable remedy called an injunction
B. A legal remedy called an injunction
C. An equitable remedy c
C. Voidable
If Mary is legally crazy but has not been so determined by the courts until after she enters the contract, the contract as to Mary is:
A. Valid
B. Void
C. Voidable
D. Unenforceable
E. Illegal
E. No real commitment to contract
An illusory contract is:
A. A valid contract
B. A void contract
C. A voidable contract
D. An unenforceable contract
E. No real commitment to contract
D. A mutual mistake of material fact
To be voidable, a mistake must be:
A. Unilateral
B. Bilateral
C. A mutual mistake of value
D. A mutual mistake of material fact
E. All of the above
E. A and B
Junior enters into a contract to buy a car with Sleezy Sam's Used Cars when he is sixteen (16) years old. If he takes the car back to Sleezy Sam's which is true?
A. Junior has disaffirmed the contract
B. Junior has to pay the restitution that he can pay,
C. Implied by law contract
Which of the following is not a true contract?
A. Expressed contract
B. Implied by fact contract
C. Implied by law contract
D. Unilateral contract
E. Bilateral contract
B. Principal
If you are dealing with a totally disclosed agency in a contractual transaction where the Agent acted within his/her scope of the agency, who along with the third party is liable under the subsequent contract?
A. Agent
B. Principal
C. Agent and Principal
D. When you complete a substantial amount of the trip across the high wire
Assuming you live in a minority jurisdiction, if Mary offers you $100 to walk across a high wire from the Wehner Building to the Horticulture Building, when do you accept the unilateral offer?
A.. When you start the trip across the high wire
B. When you c
C. The Principal's actions or inactions must lead a reasonable third party to believe that the Agent has the Principal's authority
What facts must be present to give rise to an Agency by Estoppel?
A. The Agent must have actual authority from the Principal
B. The Agent must have implied authority from the Principal
C. The Principal's actions or inactions must lead a reasonable third p
E. B and D
If you sell your herd of cows at a normal cattle auction and there are several bids on your cattle, you are:
A. An offeror
B. An offeree
C. Involved in a without recourse sale
D. Involved in a with reserve sale
E. Be and D
E. A and C but not B
Which of the following contracts MUST be in writing?
A. A contract that cannot be performed in a year
B. A contract that was not performed in a year
C. An earnest money contract to sell your house
D. All of the above
E. A and C but not B
D. A and B
You get the chance to go to Italy for study abroad but you have a lease. You get one of your friends to take over your lease If you get the landlord to release you from the lease and substitute your friend for you in the lease, the landlord has:
A. Discha
C. Normal advertisements
An example of a situation where the law has determined that there is no legal offer is:
A. A counteroffer
B. A normal auction
C. Normal advertisements
D. All of the above are non-offers
E. A and C only
E. A, C, and D
Which of the following is an element to an offer:
A. Genuine and real intent on the part of the offeror
B. Sincerity on the part of the offeree
C. Definite terms and conditions
D. Communications of the offer to the offeree
E. A, C, and D
B. Granted by the judge of the case
A challenge for cause in voir doire is:
A. Automatic and definite when requested by either of the litigation attorneys
B. Granted by the judge of the case
C. The same thing as a peremptory challenge
D. Only used in civil cases
E. All of the same
B. Southern
Bryan, Texas is in what Federal District Court?
A. Northern
B. Southern
C. Eastern
D. Western
E. Central
B. Appellate courts
Which type of court makes precedent?
A. Trial courts
B. Appellate courts
C. Trial courts and some appellate courts
D. Only the U.S. Supreme Court
E. The U.S. Supreme Court and the highest state courts
B. You know the answer the witness will give
You should only ask a question in a trial that begins with "Why" when:
A. You just simply want the information from the witness
B. You know the answer the witness will give
C. When the witness is not being cooperative
D. A and B
E. All of the above
E. A and B only
Quasi in rem jurisdiction:
A. Probably doesn't exist anymore
B. Is used to obtain territorial jurisdiction due to property of someone that is not necessarily the subject matter of the lawsuit being located in the court's physical jurisdiction
C. Is used t
E. B and D
A majority opinion:
A. Is an opinion agreeing with the majority opinion result but for different things
B. Establishes precedent
C. Is an opinion disagreeing with the majority
D. Is an opinion by most of the judges/justices
E. B and D
C. County Court at Law
Which Texas Court must have an attorney in good standing as the judge?
A. Municipal Court
B. Small Claims Court
C. County Court at Law
D. County Court
E. C and D
E. B and D
Which Texas court(s) was/were created by the Texas Legislature?
A. Municipal Court
B. Small Claims Court
C. Justice of the Peace Court
D. County Court at Law
E. B and D
B. U.S. Supreme Court
An application for Writ of Certiorari is used to gain admittance to what court?
A. Texas Supreme Court
B. U.S. Supreme Court
C. Texas Court of Criminal Cases except in capital murder cases
D. Any Texas Court of Appeals
E. Any U.S. Court of Appeals
C. Nine
How many members are on the Texas Supreme Court?
A. Five
B. Seven
C. Nine
D. Eleven
E. It varies from year to year due to the Texas Legislature
E. A and B
In rem jurisdiction is:
A. Using the subject matter of the lawsuit to obtain jurisdiction in a case
B. A means of obtaining territorial jurisdiction
C. A means of obtaining personal jurisdiction
D. Using any property to obtain jurisdiction in a case
E. A
B. Court of Criminal Appeals
Which Texas court that can hear criminal matters is elected by a state-wide election?
A. Supreme Court
B. Court of Criminal Appeals
C. Court of Appeals
D. District Court
E. B, C, and D
C. Statements that the party to the lawsuit is required to either admit or deny
What are Requests for Admission?
A. Oral questions asked in a "trial like" setting by the attorneys in the lawsuit and recorded then transcribed by a court reporter
B. Written questions sent to a party to the lawsuit that must be answered by that party an
E. B and C
Which introductory, lowest level Texas trial court can hear civil law?
A. Municipal Court
B. Small Claims Court
C. Justice of the Peace Court
D. All of the above
E. B and C
E. A and B
A Peremptory Challenge is:
A. A challenge to a prospective juror that takes little or no reason
B. Limited to a certain number of challenges
C. Only used in criminal cases
D. Only used in civil cases
E. A and B
A. Municipal Court
What is the only Texas Court that is normally appointed?
A. Municipal Court
B. Justice of the Peace Court
C. Small Claims Court
D. County Court
E. County Court at Law
A. Is an opinion agreeing with the majority opinion result but for different reasons
A concurrent opinion:
A. Is an opinion agreeing with the majority opinion result but for different reasons
B. Establishes precedent
C. Is an opinion disagreeing with the majority
D. Is an opinion by most of the judges/justices
E. B and D
E. A and B only
Which Texas appellate court is not a true appellate court in that the trial is a retrial of the case?
A. County Court
B. County Court at Law
C. District Court
D. All of the above
E. A and B only
E. A, B, and C, but not D
In Texas, if a judge signs an order authorizing substituted service, then service can be obtained by
A. Serving the citation to anyone at the defendant's residence over the age of fourteen (14) years of age
B. Nailing the citation to the front door of the
D. New Orleans
Where does the U.S. Court of Appeals sit that includes Texas Federal Courts?
A. Houston
B. Dallas
C. Austin
D. New Orleans
E. Baton Rouge
A. McCulloch v. Maryland
The first case to show the power of the Necessary & Proper Clause is:
A. McCulloch v. Maryland
B. Marbury v. Madison
C. Gibbons v. Ogden
D. Smith v. Allwright
E. None of the above
D. Thomas Jefferson
Who advocated a wall of separation between church and state?
A. James Madison
B. John Jay
C. George Washington
D. Thomas Jefferson
E. James Locke
A. Gibbons v. Ogden
What case ruled that if commerce involved more than one state, then it was interstate commerce?
A. Gibbons v. Ogden
B. NLRB v. Jones & Laughlin Steel Corp.
C. Marbury v. Madison
D. McCulloch v. Maryland
E. Plessy v. Ferguson
A. 1st
A business' right of freedom of speech is found in what amendment?
A. 1st
B. 4th
C. 5th
D. 14th
E. None of the above
C. Anti-Federalists, Thomas Jefferson
What were the people who were in opposition to the Constitution as originally written and who is/are example(s) of that type of individual?
A. Federalists, James Madison
B. Federalists, John Jay
C. Anti-Federalists, Thomas Jefferson
D. Anti-Federalists, A
A. It is also called the Connecticut Compromise
Which of the following is true about the Great Compromise of the Constitutional Convention?
A. It is also called the Connecticut Compromise
B. It is also called the 3/5ths Compromise
C. It created the judicial branch of our government
D. It also prevented
D. Brown v. Board of Education
What case overruled the Separate but Equal Doctrine?
A. Gibbons v. Ogden
B. Wickard v. Filburn
C. Plessy v. Ferguson
D. Brown v. Board of Education
E. Katzenbach v. McClung
E. 5th and 14th
Reverse Incorporation uses what amendments?
A. 1st, 4th, and 5th
B. 1st, 14th, and 5th
C. 1st, 2nd, and 3rd
D. 4th and 5th
E. 5th and 14th
C. Included the White Primary in Texas
Jim Crow laws:
A. Were outlawed by Plessy v. Ferguson
B. A collection of strictly Southern Laws keeping people of color as second class citizens
C. Included the White Primary in Texas
D. Were all declared to be unconstitutional by Smith v. Texas
E. Were e
E. None of the above
How did the representatives to the Constitutional Convention deal with the issue of who could vote?
A. They set the age requirement as twenty-one (21) years
B. They required the citizens to own land to be able to vote
C. They allowed any white person to v
D. Compelling, overriding test due to a suspect class being involved
If the state of Louisiana passes a law that treats "white people" one way and the African-Americans a different way, how would the Louisiana government have to justify the difference?
A. Rational basis test
B. Substantial interest test
C. Suspect classifi
B. You have the Constitutional right to believe anything you want to believe in the name of religion
The free exercise clause means that:
A. You have the Constitutional right to exercise your religion as you see fit
B. You have the Constitutional right to believe anything you want to believe in the name of religion
C. A city cannot use a manger scene at
E. Only A and B
Sunday laws:
A. Are when a business cannot be open on Sunday
B. Are also called Blue Laws
C. Are illegal
D. All of the above
E. Only A and B
B. Commerce among the states
What is the most important clause in the Constitution to the business world?
A. All men are created equal
B. Commerce among the states
C. Separate but equal
D. No state can deny anyone due process of the law
E. The laws of the United States are supreme to
A. 1st
The Free Exercise Clause is found in what amendment(s)?
A. 1st
B. 4th
C. 5th
D. 14th
E. C and D
E. A, B, and C
Which of the following was created by the Constitution?
A. Executive branch
B. Legislative branch
C. Judicial brnahc
D. Bureaucracy
E. A, B, and C
E. A and C
What two cases were used to show the power of the Commerce Clause during the Civil Rights movement of the 1960s?
A. Ollie's BBQ and Heart of Atlanta Motel
B. Plessy v. Ferguson and Brown v. Board of Education
C. Katzenbach v. McClung and Heart of Atlanta
D. James Madison
Who is generally credited with writing the Constitution?
A. Thomas Jefferson
B. Alexander Hamilton
C. John Jay
D. James Madison
E. James Monroe
D. All of the above
The Necessary and Proper Clause is also called the
A. Inherent Powers Clause
B. Elastic Clause
C. Implied Powers Clause
D. All of the above
E. None of the above, it is only called the Necessary and Proper Clause
E. A and D
The U.S. Constitution can be changed by:
A. Formal amendment
B. Executive order
C. State statutory law
D. Judicial interpretation
E. A and D
E. All of the above
You get angry at your roommate and decide to kill him/her. If you do, what type of law have you violated?
A. Statutory
B. State
C. Criminal
D. Public
E. All of the above
B. Dispute resolution
There are two major functions of the legal system. When you are sued in Court this is an example of what type of major function of the legal system?
A. Governmental regulation
B. Dispute resolution
C. Civil law
D. Criminal law
E. All of the above
D. Presidential opinions
Which of the following is NOT a source of law?
A. Administrative
B. Judge made
C. Statutory
D. Presidential opinions
E. Judicial interpretation
D. Executive order
When the President of the United States creates a law to control the policies of the Executive Branch during his administration, this is called:
A. Appointing Federal judges
B. Presidential oversight
C. Judicial review
D. Executive order
E. A and D
E. A, B, and C only
The Court System can create law by:
A. Judicial review
B. Judicial interpretation
C. Common law
D. Opinions of the trial court judge
E. A, B, and C only
D. Constitutional law
Which is the most important source of law?
A. Administrative law
B. Common law
C. Statutory law
D. Constitutional law
E. Executive orders
E. A and C
Law is:
A. An abstract term
B. Always clear, specific, and definite
C. A collection of rules and regulations and the enforcement thereof
D. A waste of time
E. A and C
B. Judicial passivism
If a judge feels that it is within his/her discretion how to interpret a statute, but only according to congressional intent, that judge is utilizing:
A. Judicial activism
B. Judicial passivism
C. Precedent
D. Judicial review
E. A, C, and D
E. All of the above are examples of federal law
Federal law includes all of the following except:
A. Congressional, statutory law
B. Executive orders from the president
C. Treaties
D. A law of the Environmental Protection Agency of the United States
E. All of the above are examples of federal laws
E. A and D
Fred and Barney have a car wreck. Barney feels that Fred did not yield the right of way and demands that Fred pay the damages. Fred disagrees. Barney sues Fred. What type of law is involved?
A. Civil
B. Criminal
C. Public
D. Private
E. A and D
A. Judicial activism
If a judge feels that it is within his/her discretion how to interpret a statute, however they feel is correct, without regard to Congressional intent, that judge is utilizing:
A. Judicial activism
B. Judicial passivism
C. Precedent
D. Judicial review
E.
D. Administrative agencies or judicial decisions
Statutory law can come from all of the following except:
A. City councils
B. State legislatures
C. The U.S. Congress
D. Administrative agencies or judicial decisions
E. County or metro governments
C. Executive orders
A President can independently create law through:
A. Appointing federal judges
B. The power of the veto
C. Executive orders
D. The state of the union address
E. All of the above
E. A and B
Judge-made law:
A. Is common law
B. Utilizes precedent and the stare decisis doctrine
C. Is also called statutory law
D. All of the above
E. A and B
E. B and D
Lucy sues Ethel for breaking her food processor. What type of damages can Lucy expect to receive if she wins the lawsuit?
A. Putting Ethel in jail
B. Legal damages
C. Equitable damages
D. Money
E. B and D
E. A and C
Herman is a drug dealer and is charged by the U.S. prosecutor with drug trafficking. What type of law is involved?
A. Criminal
B. Civil
C. Public
D. Private
E. A and C
E. A and D
Enforcement of the law leads to:
A. Predictability
B. Treating everyone uniformly
C. Astrological wonder
D. Stability
E. A and D
D. Civil
Ricky and Lucy are driving to Los Angeles with Fred and Ethel. Ricky and Lucy own the car. Fred is driving and has a wreck. Ricky sues Fred for the damages to Ricky's car. What type of law(s) is/are involved when Ricky sues Fred?
A. Federal
B. Public
C. C
C. Equitable
If Jack sues Jill, but recovering money does him no good, Jack is seeking what types of damages?
A. Legal
B. Monetary
C. Equitable
D. A and B
E. All of the above
E. C and D
Judicial review was created by:
A. The wording of the Constitution
B. The Articles of Confederation
C. The U.S. Supreme Court
D. Marbury v. Madison
E. C and D