Business Law Teste 2 - V View Attempt Page 1 01'7 -- Your...

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Unformatted text preview: V View Attempt Page 1 01'7 -- Your location: Home Sade > IELa'a-«r Exam 2 > assessments > All Subn'iissions > View Attempt View Attempt 1 of 1 Title: BLaw I Exam 2 Started: March 6, 2011 5:20 PM Submitted: March 6, 2011 6:42 PM Time spent: 01:22:32 Total score: 81/100 = 81% Total score adjusted by 0.0 Maximum possible score: 100 iDone 1. Ex21 The federal government may impose upon any phase of business any regulation that is required by "the economic needs of the nation." Student Response Value Correct Answer True 0% False Score: 0/2 2. Ex22 The Federal Trade Commission administers the law prohibiting unfair methods of competition. Student Response Value Correct Answer True 100% True Score: 2/2 3. Ex2 3 The criminal law of all states is the same because all states have adopted a uniform criminal code. Student Response Value Correct Answer False 100% False Score: 2/2 4. Ba 4 For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong. Student Response Value Correct Answer False 100% False Score: 2/2 http:l/mycomnmetblackboard.com/webct/urw/lc2310999656071.tp3013213250101NiewSt... 3/9/20] I -- View Attempt Page 2 of 'l 5. Ex2 5 The Freedom of Information Act provides access to any information upon proper request. Student Response Value Correct Answer True 0% False Score: 0/2 6. Ex26 Regulations properly adopted by agencies are important but do not have the full force of law as do statutes. Student Response Value Correct Answer False 100% False Score: 2/2 7. Ex27 The Foreign Corrupt Practices Act applies to businesses with their principal offices located in the United States. Student Response Value Correct Answer True 100% True Score: 2/2 8. Ex28 The goal of the North American Free Trade Agreement (NAFI'A) is to eliminate all tariffs between Mexico, Canada, and the United States. Student Response Value Correct Answer Faise 0% True Score: 0/2 9. Ex29 A manufacturer with distributors in New York City may give its newer distributors free advertising and other services to help them compete with the distributors who have been doing business for a number of years and have become firmEy established. .Student Response Value Correct Answer False 100% False Score: 2/2 10. Ex2 10 http://mycommnetblackboard.conlfwebct/urw/102310999656071.tp301321325010lNieWSt... 3/9/201 1 -View Attempt Page 3 ot '/ Negligence can be proven without showing actual damage. Student Response Value Correct Answer False 100% False Score: 2/2 11. Ex2 11 Administrative agencies never allow members of the industry that is to be regulated to participate in rule—making deliberations. Student Response Value Correct Answer False 100% False Score: 2/2 12. Ex2 12 The US. Constitution, through the fourth and fifth amendments, imposes significant limits on the power of any agency to conduct an investigation. Student Response Value Correct Answer True 0% False Score: 0/2 13. Ex2 13 Generally, an administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss. Student Response Value Correct Answer False 100% False Score: 2/2 14. Ex2 14 A price reduction to one customer is lawful when it is made because of the deteriorated condition of the goods sold to that customer. Student Response Value Correct Answer True 100% True Score: 2/2 15. Ex2 15 The Clayton Act always prohibits charging different prices to different buyers. Student Response Value Correct Answer http:f/mycommnetblackboard.conlfwebct/urw/102310999656071.tp30132132501OlNieWSt... 3/ 9/201 1 View Attempt Page 4 of 7 True 0% False Score: 0/2 16. Ex2 Short Answer 2 What is comparative negligence? Student Response Value Correct Answer 1. Defense to negligence that 0% Equals Comparative negligence is the process allows plaintiff to recover by which a jury determines the amount of reducer damages based on negligence of the plaintiff and reduces the his level of fault. plaintiff's award by that per centage. (5%) Score: 0/5 New 5/5 This score has been adjusted by the grader: score: " 17. Ex2 Short Answer 1 Explain the doctrine of exhaustion of administrative remedies. Student Response Value Correct Answer 1. The doctrine allows factual 0% Equals The doctrine requires an individual issues to be flushed out and challenging an administrtive agency's action determined by agencies that first take all steps available within that specialize in area. agency to challenge the agency action before Requirement that an agency appealing to court. (5%) make its final decision before the parties can go to court. IQ] Score: 0/5 New score: 5/5 This score has been adjusted by the grader. 18. Ex2 Case 5 Oswaldo Enterprises began to do business in a small East African nation. The representatives of Oswaldo bid on government contracts. Although they were by far the lowest bidder and were offering to sell a superior product, Oswaldo never was awarded a contract. Oswaldo officials learned after inquiring that high—level officials had to be given substantial sums in bribes to be awarded a contract. Oswaldo officials paid the bribes and were awarded the contracts. Oswaldo officials were prosecuted in the United States. Give your reasoning and decide. Student Because Oswaldo bribed the government officials, they violated the foreign corrupt Response: practices act FCPA. Businesses who have their primary offices in the U.S. will be prosecuted under this act. Sample Unfortunately, these payments would appear to violate the Foreign Corrupt Practices Correct Act, which prohibits payments to officials to influence business decisions. Even Answer though Oswaldo officials may not be prosecuted in the country where they paid the bribes, they are still subject to United States jurisdiction and law. The officials can be prosecuted by the U.S. Atttorney even though the crime occurred outside of the United States. E] http://mycommnet.blackboard.com/webct/urw/102310999656071.tp30]3213250101/ViewSt... 3/9/20} 1 View Attempt Page 5 of? Score: 10/10 19. Ex2 Case 3 20.. 21. Jones, Inc. sought a license from the Federal Communications Commission to operate a new television station in a major metropolitan area. The FCC held a hearing on Jones' application and invited public comment. Three companies who advertised on television spoke in favor of Jones' application and ten citizens who were tired of too much corporate emphasis on television objected to Jones' application. The FCC denied Jones' application on the grounds that the unfavorable number of speakers was over three times as many as the number of favorable speakers. Jones appealed the FCC's decision to court. Give your reasoning and decide. Student The FCC's does not any evidence to make a decision on the hearing. However, Jones Response: does need evidence that the decision that was made is incorrect. Sample The Appellate Court will determine whether the decision of the agency was arbitrary, Correct capricious or an abuse of its discretion. In this case the decision was based on an Answer improper factor, how many persons at the hearing spoke in favor of or against the license request. There was no evidence to support whether or not Jones was in violation of any of the requirements for the license. the decision was arbitrary and probably an abuse of discretion. Score: 8/ 10 E] Ex2 Case 6 Arthur sustained an injury to his back. Arthur claimed the injury was suffered at work and filed a claim for Workers' Compensation benefits. The employer opposed this claim saying the injury, if real, was the result of a congenitai condition. In accordance with the statute, a hearing was held before the Workers' Compensation Board, which ruled against Arthur. Arthur became disgusted with the hearing officer and the proceedings because Arthur felt that the hearing officer did not like him. Arthur has consulted an attorney seeking to sue for Workers' Compensation benefits. An appeal is avaitable within the agency, but Arthur filed directly in court as the agency was not being helpful. Give your reasoning and decide. Student His case would be related to damages which is one element of neglence.The plaintiff Response: in a person injury negligence lawsuits must establish the actual losses caused by the defendant's breach of duty of care and is entitled to be made whole for losses. Therefore, Arthur would be denied. Sample Arthur cannot bring a lawsuit to overturn the finding of the board because Arthur Correct has failed to exhaust the available administrative remedies. The lawsuit would be Answer unsuccessful and would not be heard by the courts. Score: 6/10 Ex2 Case 4 2. The Liquor Control Board is statutorily charged with the discretionary authority to “grant, deny and revoke either temporarily or permanently" licenses to sell liquor. The Liquor Control Board adopted regulations setting forth the application process. A part of that process required individuals to provide fingerprints and a list of all prior employment to determine if applicants were fit individuals to have a license. Bob refused to supply either and was denied a license. Bob appealed the denial to court claiming an invasion of his privacy and his right to engage in the business of his choice. Give your reasoning and decide. Student An agency has the power to require Bob to produce relevant documents and http://mycommnet.blackb0ard.com/webct/uIW/102310999656071.tp30132132501OlfViewSt... 3/9/201 1 View Attempt Page 6 of 7 Response: records, and to bring proceedings to Bob if he does not bring them. This is not an invasion of privacy of any sort. The agency is also not stoping him from engaging in a business of his choice. Sample The Liquor Control Board has broad authority in granting licenses. The fitness of Correct individuals when dealing with sales of liquor is an obvious factor to determine in Answer giving a license. If Bob wishes to have the license he must comply with the apllication process. Bob is not being denied his right to privacy as that right is subject to appropriate regulations when doing business. Bob is not being denied the right to engage in the business of his choice. No such a right exists without meeting any and all regulatory requirements. E Score: 10/10 22. Ex2 Case 1 23. The Freezo Refrigeration Company entered into agreements with retail store owners. The agreements provided that the store owners would not sell Freezo's refrigerators below Freezo‘s suggested minimum retail price and that, in return, Freezo would not sell its refrigerators at retail in the store owners' respective territories. Are these agreements valid? Explain. Student The second agreement, is not valid. The second agreement is a direct violation of Response: monopolization. Not allowing the neighboring territories to sell Freezo refrigerators is illegal. Being the only retailer to sell Freezo refrigerators and not allowing other retailers to sell Freezo refrigerators is a monopoly. Sample No. Agreements fixing prices either horizontally or vertically violate the Sherman Correct Antitrust Act and are illegal. This case is an example of vertical price fixing. Both Answer Freezo and the retail store owners with whom it contracted are in violation of the Sherman Anti—Trust Act. lg Score: 9/10 Ex2 T Philip Laws leased an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on to avoid portions of the steps that no longer would bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave lights on during his absence. When he returned three nights later, Laws was injured when one of the steps broke under his weight as he was entering his apartment. Laws sued Sutton. Sutton replied that she should not bear liability for Laws' injury because Laws knew of the condition of the steps and had not taken the customary precaution of lighting the area. Decide. Student As Sutton promised to repair the steps, it is her duty to fix the step as the landlord. Response: Therefore, it is Sutton‘s duty to exercise reasonable care. Sample The jury might choose to apportion fault between Sutton (the defendant) and Laws Correct (the plaintiff), and reduce the damage award by the percentage that Laws was Answer responsible for his injuries due to his own negligence. Sutton could raise the “assumption of the risk" argument against Laws, arguing that the plaintiff “actively, voluntarily and willingly" proceeded in the face of danger knowing the risk, and that such assumption of the risk should serve to bar completely the plaintiff's recovery. Score: 8/10 Q http:l/mycommnetblackboard.com/webc‘L/urW/lc23I0999656071.tp3013213250101/ViewSt... 3/9/20] 1 ...
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Business Law Teste 2 - V View Attempt Page 1 01'7 -- Your...

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