Question
1-An administrative agency that was made to regulate the environment has promulgated a new rule that requires companies to meet a certain emissions criteria within
1-An administrative agency that was made to regulate the environment has promulgated a new rule that requires companies to meet a certain emissions criteria within the next 90 days. The agency forgets to go through the motions of notice and comment, however, it does publish the rule in the Federal Register, so that all businesses are made aware of the new rule. Is this rule promulgated correctly and therefore able to have the same effect as law?
2-Two partners want to be able to share in profits and bring in a third person that is only meant to provide some funds to the business. The third partner will not be able to have any say in management. What type of entity is best for this situation. A. A limited partnership. B. A sole proprietorship. C. A corporation. D. A partnership.
3-A large multinational corporation has decided that it does not want to do business with members of the LGBTQ community. It has cited religious grounds for its reasoning to not do business with this community. Is this permissible? A. Probably not, since this is a business and businesses do not have any protected rights to religion. B. Probably, since businesses have a right to exercise free religion under the 1st Amendment. C. Probably not, since this is a multinational corporation that is owned by shareholders. D. Probably, since business can do whatever they want.
4-Space, Inc. would like to open up a factory in Brazil. In order to do so it needs to obtain certain permits, which can only be issued by the Brazilian Department of Commerce (BDOC). The CEO of Space, Inc. realizes that it will be unlikely to obtain this permit, since there are only two given out per year, and the annual allowance is likely maxed out for the next three years, due to the overwhelming amount of applicants ahead of Space, Inc. The CEO decides to offer the chairperson for the BDOC $50,000 to push its application ahead and approve it for the current year. What law is the CEO of Space, Inc. in violation of? A. National Corrupt Practices Act B. Anti-Bribery Act C. Foreign Corrupt Practices Act D. Foreign National Bribery Act
5-Baby Toys, Inc. is in negotiations to buy Toddler Toys, Inc. The two parties have entered into contracts for the purchase/sale of the business. Toys Unlimited, Inc. has learned of the potential deal and realizes that it would potentially lose a large market share from this deal, since the two companies combined will offer the same product range as Toys Unlimited. In response to this, Toys Unlimited secretly offers Toddler Toys double the money to buy its business, and Toddler Toys agrees. Does Baby Toys have a cause of action against Toys Unlimited? A. Probably not, since businesses are free to be able to make decisions that better their financial positions. B. Probably, under a theory of wrongful interference with a contractual relationship, since there was an enforceable contract, Toys Unlimited knew of it and intentionally induced Toddler Toys to breach said contract. C. Probably, under the theory of wrongful interference with a business relationship, since there was an intentional interference with the business between Baby Toys and Toddler Toys. D. Probably not, since there is not cause of action that Baby Toys is likely to be able to satisfy.
6-Shelly sold Sam a watch that she claimed was an original Rolex. Sam paid $2,500 for the watch. When Sam brought the watch to have it appraised, he was told that the watch only had the value of $25, since it was not a real Rolex. Can Sam sue Shelly, and if so, under what cause of action? A. Probably, under a theory of fraudulent misrepresentation. B. Probably, under a theory of negligence. C. Probably not, since Shelly does not owe Sam any duty. D. Probably, under a theory of false light.
7-Jane is the manager of a local bakery. She decides to start using the left over inventory for the day to offer a free meal on Sunday mornings to the homeless. What can Jane's actions be described as? A. Corporate social responsibility and corporate citizenship. B. Spoilage. C. Waste. D. An obligation to the business.
8-A principle can be held liable for the acts of its agents under what doctrine? A. Gross Negligence B. Negligence C. Respondeat Superior D. Scope of Authority.
9-Congress would like to regulate the administration of a health program for the elderly. It would also like to implement educational programs for the elderly on qualifications and application processes. How can Congress accomplish this goal?%0D%0A%0D%0A%09A.%09%0D%0AIt could direct the Courts to create an administrative agency, fund it to create educational programs, and authorize it to promulgate rules and regulations. %0D%0A%0D%0A %09B.%09%0D%0AIt could direct the President to create an administrative agency, fund it to create educational programs, and authorize it to promulgate rules and regulations. %0D%0A%0D%0A %09C.%09%0D%0AIt could create an administrative agency, and direct the President to fund the agency, so that it could implement educational programs and promulgate rules. %0D%0A%0D%0A %09D.%09%0D%0Ait could create an administrative agency, fund it to create educational programs, and authorize it to promulgate rules and regulations.
10-The Federal government has decided to regulate in an area where the states have also regulated. The Federal government has found its authority to do so within the Constitution. Under what clause in the Constitution will allow the Federal law to preempt the state law? A. The Commerce Clause. B. The Equal Protection Clause. C. The Supremacy Clause. D. The Right to Regulate Clause.
11-Patents are an important aspect of intellectual property for businesses. Why? %0D%0A%0D%0A%09A.%09%0D%0AA company can essentially obtain a monopoly on a product for a prescribed period of time. %0D%0A%0D%0A .
12-The state of Connecticut would like to enact a law that permits the recreational use of marijuana. Under what authority does the state have the right to do this? A. Common Law B. The 4th Amendment C. The 1st Amendment D. The 10th Amendment.
13-An agency typically needs to have a warrant to do an inspection of a business, except when there is a business that: A. Is in a highly regulated industry, like tobacco, firearms, alcohol, nuclear energy. B. has failed to file both its state and federal taxes. C. is given 48 hours notice to prepare for the inspection. D. is planning to file for bankruptcy.
14-Jake is employed by Shamrock, Inc., a large multinational finance company that is publicly traded. From confidential internal documents, Jake learns that his company is planning to file for bankruptcy. Jake owns 100 shares of Shamrock, Inc. and immediately sells off his shares. Is this illegal, and if so, what is it called? %0D%0A%0D%0A%09A.%09%0D%0AYes, it is considered insider trading. %0D%0A%0D%0A %09B.%09%0D%0ANo, it is permissible insider trading. %0D%0A%0D%0A %09C.%09%0D%0AYes, it is considered a violation of an internal code of conduct. %0D%0A%0D%0A %09D.%09%0D%0AYes, it is considered a violation of antitrust laws.
15-What is the process of discovery? A. The process in which the parties to a case disclose and request documents, witnesses, and evidence. B. The process of learning one's self. C. The process in which a plaintiff initiates a lawsuit against a defendant or tortfeasor. D. The process in which the parties file a complaint and answer to the complaint.
16-How to answer this an essay qoetion using this five guides 1- introduction -2- body paragraph -3-paragraph -4 -paragraph -5- conculsion? here is the essat When answering the essay questions, be clear and concise. Be certain to answer all parts of each essay. Remember how I would like you to answer the essay questions. Use true analysis and critical thinking. here are the Exam Essay Questions 1) Patty worked for a company, Fine Finances, Inc., where she acted as an administrative assistant to the Chief Financial Officer (CFO), Frank. Daily, Patty is told what to do and Frank controls her schedule. At the end of the year, Patty receives a W-2, so that she may file her taxes. Regularly, Frank tells Patty that because she is a woman, she is too dumb to get his email responses correct, and refuses to allow Patty to work his email. He also informs Patty that she is too stupid to understand financials and does not allow Patty to have any dealings with company finances. Due to this, Patty continuously fails to gain the skills requisite to being able to request a wage increase, and has been paid the same wages for the past 5 years, since she started with company. Meanwhile, Tom, the Chief Executive Officer's assistant, has enjoyed annual raises, ranging from $5-$8 per hour, however, Tom has been with the company ten years longer than Patty. Patty still finds this wholly unfair. One Friday, Patty was wearing skinny jeans (as was permitted by company policy for "dress down Fridays") and a form-fitting top that revealed some cleavage. When Frank arrived to the office he called Patty into his office and asked her to close the door. Patty complied. Frank told Patty that she had a really "nice rack" and that her pants hugged her well. He further told Patty that if she wanted a raise this year she could come sit on his lap and let him have a closer examination of her cleavage. Patty complied, because she was desperate for a raise and she did not want to lose her job. A. What kind of relationship does Patty have with Fine Finances, Inc.? How do you know? With this kind of employment is Patty an agent and what would that make Fine Finances, Inc.? B. What kinds of claims does Patty have against Frank? (Please examine all the different kinds of claimsalso be certain to determine if Patty is part of a protected class). What Title do these kinds of claims fall under? C. Does Fine Finances, Inc. have any defenses against Patty's claims? 2) Annabelle decided to go out to pick up some lunch, so she decided that she would go to a fast food chain, Big Bun. While Annabelle was walking into Big Bun's fast food joint, she fell as soon as she entered the facility, because there was a puddle of water on the floor that she did not see. Annabelle fell on her right side and broke her right arm. Just prior to Annabelle's arrival, another customer had spilled large amounts of ketchup on the floor. Big Bun was made aware that the ketchup was on the floor, and the front line manager sent an employee to clean it up. The employee did so, and also put a "caution wet floor" sign up near the cleanup site. The employee, however, used excessive amounts of water, which left on the floor the small puddle that Annabelle fell from. Based on this, please answer the following: A. Can Annabelle sue Big Bun, and if so, under what theory would she sue, and what are her chances of being successful with her lawsuit? (I am looking for the theory as well as what that theory would be grounded in). B. Does Big Bun have any defenses?
17- what are the US law can come from what sources?
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