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ETH 321 Final Exam Guide (New, June 2018)
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ETH 321 Final Exam Guide (New, June 2018)

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1) The usual measure of damages for a breach of sales contracts is the difference between the contract price and the ________.

 

A) current market price of the goods

B) market price at the time of contract

C) market price at the time of breach

D) current cost price of the goods

 

2) The most common remedy for a breach of contract is an award of ________.

 

A) injunctions

B) substitute contracts

C) reformations

D) monetary damages

 

3) Which of the following statements is true of the NAFTA?

 

A) It allows a member country to reimpose tariffs if imports are hurting that country's economy or its workers.

B) It disallows any special protection being extended to specific industries.

C) It disallows NAFTA members from trading with other countries unless a unanimous permission is obtained.

D) It has been hailed by economists to be a perfect example of a free trade pact.

 

4) Under the ________ rule, a contract with an intoxicated person is voidable only if the person was so intoxicated when the contract was entered into that he or she was incapable of understanding or comprehending the nature of the transaction.

 

A) validation

B) exclusionary

C) force majeure

D) majority

 

 

5) What is the significance of the age of majority in relation to legal contracts?

 

A) People below the age of majority can directly enter into lawful contracts.

B) Mentally incompetent persons need to achieve the age of majority in order to enter into a legal contract.

C) It is the age above which people of capacity can enter into a legal contract.

D) Minors who have entered the age of majority require his or her parents or guardian's consent to enter into a legal contract with adults.

 

 

6) Which of the following is a difference between acceptance and revocation?

 

A) Revocation is valid only if the offeree receives it, while an offeree's acceptance is valid when dispatched.

B) Revocation can be done by the offeror or offeree, while an acceptance can only be done by the offeree.

C) An acceptance must be received by the offeror to be valid, while a revocation need not be received by the offeree.

D) A revocation can be made after acceptance, while an acceptance cannot be made after revocation.

 

7) Which of the following is true of the Uniform Commercial Code (UCC)?

 

A) The UCC has never been amended since it was first drafted.

B) The UCC is not considered as law, but rather as a guide to lawyers and judges.

C) The provisions of the UCC normally take precedence over the common law of contracts.

D) The UCC has been adopted in its entirety by all states.

 

8) Which of the following is one of the four basic requirements for contract formation and enforcement?

 

A) A promise must be supported by a signed written document and an advance payment.

B) The parties must have contractual capacity.

C) The object of the contract must be ethical.

D) Both parties to the contract must be at least 21 years old.

 

 

9) Making false statements about a competitor's products, services, property, or business reputation could make a company liable for ________.

 

A) invasion of the right to privacy

B) tort of appropriation

C) disparagement

D) misappropriation of the right to publicity

 

 

10) Which of the following is true of merchant protection statutes?

 

A) They allow merchants to detain shoplifters without being held liable for false imprisonment.

B) They allow merchants to detain suspects for as long as the merchants deem necessary.

C) They allow merchants to interrogate suspected shoplifters using forceful, coercive methods.

D) They allow merchants to exact reasonable payments from suspects as a punitive measure.

 

11) Which of the following statements is true of battery?

 

A) It is considered an unintentional tort that the law considers to be trivial in nature.

B) It is a legally sanctioned use of force on a particular individual.

C) It is considered an act of negligence on the part of the perpetrator.

D) It entails harmful and unauthorized contact between victim and perpetrator.

 

12) Which of the following is true of the Age Discrimination in Employment Act (ADEA)?

 

A) Private plaintiffs cannot sue under the ADEA.

B) Persons under 40 are not protected by the ADEA.

C) Employees need to be a minimum of 55 years of age to be protected by the ADEA.

D) Discrimination in certain employment decisions, like hiring, is permitted under the ADEA.

 

13) If a state enacts a law that increases its tax on imported automobiles but not on American-made automobiles, it violates the ________ of the U.S. Constitution.

 

A) Equal Protection Clause

B) Foreign Commerce Clause

C) Supremacy Clause

D) Due Process Clause

 

14) Which of the following is true of religious discrimination under Title VII?

 

A) Only monotheistic religions are covered under Title VII.

B) An employer should reasonably accommodate religious observances or practices of its employees at the workplace.

C) An employee who claims religious discrimination cannot sue the employer for any other violation of Title VII.

D) Religious organizations cannot give preference in employment to individuals of a particular religion.

 

15) Which of the following is true of the right to sue letter issued by the EEOC?

 

A) It is issued when the EEOC chooses to bring suit.

B) It is issued when the EEOC does not find a violation.

C) It is issued when the complainant is found guilty.

D) It is issued only when the discrimination is racial in nature.

 

16) Which of the following statements is true of child labor regulations adopted by the Department of Labor?

 

A) Children between the ages of 14 and 15 may work unlimited hours in nonhazardous jobs.

B) Children between the ages of 16 and 17 may work limited hours in hazardous jobs.

C) Children under the age of 14 may work limited hours in nonhazardous jobs.

D) Children employed in agriculture have no time or work restriction.

 

17) Which of the following is true of workers' compensation?

 

A) Families of workers cannot claim workers' compensation despite the death of the worker.

B) Workers' compensation is only awarded for injuries resulting from the job.

C) The claim for workers' compensation must be filed with the employer.

D) Workers' compensation is a fixed amount throughout the country.

 

18) Under Title VII of the Civil Rights Act, if a supervisor harasses an employee but no tangible employment action is taken, then ________.

 

A) the employer is strictly liable for the harassing supervisor's conduct

B) the employer cannot raise a defense to avoid liability

C) the employer is vicariously liable unless it can prove affirmative defense

D) the rules of employer liability are the same as they would be if the harassing employee was a coworker

 

19) Which of the following is true of Good Samaritan laws?

 

A) They relieve doctors from liability for ordinary negligence when they render aid to victims in emergency situations.

B) They exempt doctors from liability for gross negligence when they render aid to victims in emergency situations.

C) They absolve doctors from liability for injuries caused by reckless conduct when they render aid to victims in emergency situations.

D) They free doctors from liability for injuries caused by intentional conduct when they render aid to victims in emergency situations.

 

20) What color is an Orange?

 

A) Maize

B) Blue

C) Maize & Blue

D) Orange

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