Please choose one each.

Which of the following courts do businesses prefer for the resolution of international contract disputes?

a.

EU Court of Justice

b.

Patent and Contract Court of Justice

c.

International Court of Justice

d.

London Commercial Court

Most-favored-nation status is:

a.

part of the GATT treaty.

b.

part of United States' trade policy only.

c.

is only part of EU governance.

d.

none of the above

The party conducting cross-examination is:

a.

always the judge.

b.

the party who called the witness.

c.

involved in voir dire.

d.

the party who did not call the witness.

If Sandy Creek Energy Resources wishes to construct a coal-fired electric plant in a nonattainment area, which of the following is required?

a.

The plant must have the greatest possible emissions controls.

b.

only a and b in nonattainment areas

c.

Any emissions must be offset by reductions in other emissions in the area.

d.

all of the above

e.

Sandy Creek must have all of its other operating plants in compliance.

The turf materials used to provide surface cushioning on children's playgrounds have been found to contain lead at levels high enough to harm children.There are 11,000 so-called "rubber crumb" playgrounds in the United States and the lead levels were found in all manufacturers' products. The levels around the fields may not be dangerous, but the "crumbs" break off and if those crumbs are ingested by children, lead levels could be dangerous.Which of the following statements is true?

a.

The manufacturers of the rubber crumb playgrounds could be liable for lead injuries to children even if they were unaware of the lead presence or risk.

b.

both b and c

c.

Unless the manufacturers of the rubber crumb playgrounds made "lead-free" claims, they would not be liable for any injuries to the children.

d.

The manufacturers of the rubber crumb playgrounds would not be liable to the children because there is no privity of contract.

Jane Stevenson was removed as head cheerleader from her high school cheer squad because she violated one of the school rules by drinking alcohol on the team bus as the team and cheer squad traveled to an away game.Jane feels she has an explanation and defense for what happened.Which of the Constitution might provide her with a review of her dismissal as head cheerleader?

a.

States rights

b.

Substantive due process

c.

Procedural due process

d.

First Amendment

Adam Smith supported international trade because:

a.

countries could focus on what they did well and then trade with other countries for goods and services they did not do so well.

b.

he felt tariffs were the best way to raise money for government purposes.

c.

companies could operate without regulation.

d.

none of the above

The Export Trading Company Act of 1982:

a.

is a tariff provision in the U.S.

b.

is under judicial challenge by the Justice Department.

c.

is part of NAFTA.

d.

permits combinations of U.S. firms for purposes of international competition.

Put the following rulemaking steps in order:

I. Study of a problem

II. Comment period

III. Public hearings

IV. Promulgation

V. Modification

a.

V, I, II, III, IV

b.

IV, II, I, III, V

c.

I, II, III, V, IV

d.

I, V, II, IV, III

ERISA applies:

a.

to any medical, retirement, or income-deferral plan.

b.

to businesses with three or more employees.

c.

only to employees not seeking Social Security benefits.

d.

none of the above

A lawyer who knows that his client is guilty of a breach of contract:

a.

must disclose the information to the court.

b.

commits an ethical violation by representing the client.

c.

must keep that information confidential.

d.

both a and b

Tristan Colbert owns an appliance store.He has ordered 10 Subzero refrigerators for his store at a cost of $2,500 each from Plains Manufacturing.Tristan ordered the refrigerators in anticipation of an order he was going to receive from a custom-home builder.Plains Manufacturing experienced a flood at its plant in Iowa City and lost all goods in production.They were unable to deliver the refrigerators to Tristan and notified him immediately of the problem.Tristan has to purchase the 10 refrigerators from another plant at a cost of $3,000 each.

Suppose that instead of a flood, Plains simply did not deliver the refrigerators.Which of the following is correct?

a.

Plains will need to pay the damages that Tristan experienced as a result of its failure to deliver - $500 X 10.

b.

Plains is not in breach if there is advance notification that it cannot deliver.

c.

This contract need not be in writing to be enforceable.

d.

Plains can use the defense of impracticability.

What is honest services fraud?

a.

fraud that an executive commits through a fraudulent scheme

b.

it was declared unconstitutional

c.

fraud that an executive commits in exchange for a payment

d.

includes all securities fraud

Which of the following best describes the ability of U.S. companies to obtain discovery when they are in litigation against companies from other countries?

a.

They have no rights.

b.

The country can use its standards for scope of discovery.

c.

The country must comply with the discovery requests as long as the U.S. courts have met due process standards.

d.

The Geneva Convention controls discovery rights.

American Express had agreements with all of its merchants that prohibited them from steering their customers to use other cards.The reason merchants wanted to make recommendations on which card to use was because American Express charges that merchants pay to credit card companies for customer processing were higher than those for Visa and MasterCard.Merchants wanted to offer customers discounts for using Visa or MasterCard and some just wanted to post signs reading, "We prefer Visa."If they did so, American Express would not continue its services for them, something that caused the merchants to lose American Express cardholders as customers. Which of the following antitrust doctrines apply to American Express's policy?

a.

both a and b

b.

all of the above

c.

refusals to deal

d.

boycotting

e.

monopolization

Doug Weston had a six-month apartment lease.The lease provided that if Doug ended the lease early, he would be required to forfeit his security deposit and his last month's rent.This provision in the lease agreement:

a.

is void as against public policy.

b.

is an assignment of benefits.

c.

is substantial performance.

d.

is a liquidated damages clause.

Congress passed the Nursing Mothers Law in 2010, a law that requires employers to give nursing mothers break time and private space for pumping breast milk for their babies.On January 3, 2011, the Department of Labor published proposed rules in the Federal Register.

Where else would the proposed regulations need to be published?

a.

The only requirement is that the regulations be published in the Federal Register.

b.

They must be published first in the Code of Federal Regulations.

c.

They must be published in any trade magazine of affected industries.

d.

They must be published in the Congressional Record.

Cross-elasticity of demand is:

a.

the willingness to substitute other products.

b.

a factor in determining resale price maintenance.

c.

a factor in determining the geographic market.

d.

all of the above

DFA, a Kansas cooperative, has its principal place of business in Kansas City, Missouri. Bassett, an international commodities broker and a Canadian corporation, has its principal place of business in Toronto, Ontario. Bassett is not qualified to do business in Missouri; has no agent for service of process, offices, property, bank accounts, telephone listings, or employees there; and does not advertise or promote its business there. Between July 2009 and February 2011, Bassett purchased more than 3.5 million pounds of dairy products from DFA in about 80 transactions totaling $5 million. The parties did not have a long-term contract, agreeing to each transaction individually by phone. Bassett communicated by phone and email with DFA's Missouri headquarters about delivery and billing.Bassett stopped paying on his account at DFA and DFA sued Bassett in Missouri for failure to pay. The district court dismissed the suit for lack of personal jurisdiction. The total amount due on the account was $220,000.

What type of case is this?

a.

Bankruptcy matter

b.

Civil matter

c.

Court of claims

d.

Small claims