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Q:
Which of the following statements is true of federal agencies?
A. Federal agencies typically appoint commissioners for a life term.
B. Federal agencies avoid using the hybrid rule-making process.
C. The president has direct authority over the executive federal agencies.
D. The independent federal agencies are usually located within the departments of the executive branch of the government.
Q:
Which of the following acts forbids the use, cultivation, or possession of marijuana for any purpose?
A. The Harrison Narcotics Tax Act
B. The Controlled Substances Act
C. The Food, Drug, and Cosmetic Act
D. The Pure Food and Drug Act
Q:
Which of the following ended Prohibition in 1933 and gave the states broad authority to regulate the sale of alcohol?
A. The Twenty-First Amendment
B. The Commerce Clause
C. The Fifth Amendment
D. The Supremacy Clause
Q:
Which of the following is an example of the federal government exceeding its authority in regulating commerce?
A. Regulating railroad routes and rates
B. Prohibiting indecent materials on regular broadcast television between 6 am and 10 pm
C. Forcing most Americans to maintain minimum essential health insurance
D. Specifying standards of safety and health in industry
Q:
Which of the following statements is true of licensure?
A. It is lauded for having benefits that exceed its costs in increased prices.
B. It is issued to increase services and decrease administrative expenses.
C. It is criticized as being designed to block the entry of competitors.
D. It is used by the federal government to intervene in business.
Q:
Which of the following was the first federal regulatory agency that Congress established in 1887 for the purpose of regulating railroad routes and rates?
A. The Federal Trade Commission
B. The Interstate Commerce Commission
C. The Environmental Protection Agency
D. The Food and Drug Administration
Q:
Which of the following statements is true of independent federal agencies?
A. They are usually the departments of the governments executive branch.
B. They are created via statutes labeled enabling legislation.
C. They are not vested with substantial legislation so as to prevent autonomy.
D. They are created to delegate a portion of their authority to Congress.
Q:
Which of the following statements is true of public goods?
A. The added cost of benefiting one person is zero or nearly so.
B. There are methods for excluding those who choose not to pay for public goods.
C. They will be produced in adequate quantities in the absence of government regulations.
D. They can be provided to consumers through a pricing system.
Q:
Adjudication ordinarily involves standards to be applied to the future conduct of a class of unspecified parties.
Q:
Congress controls agency budgets and thus can encourage or discourage particular agency action.
Q:
Federal agency rules and orders cannot be challenged in court.
Q:
Which of the following would most likely be considered a negative externality for a manufacturing firm?
A. Internal disagreements among the firms employees
B. Unfavorable public opinion about the firms products
C. Air and water pollution as a result of the firms manufacturing processes
D. Government regulations detrimental to the firms manufacturing activities
Q:
When all the costs and benefits of a good or service are not fully internalized or absorbed, those costs or benefits fall elsewhere as what economists have labeled _____.
A. public goods
B. neighborhood effects
C. commoditization
D. imperfect information
Q:
Today, attention in the monopoly area is largely directed to:
A. preventing negative externalities.
B. curbing anticompetitive conduct.
C. controlling the formation of cartels.
D. regulating open competition.
Q:
Administrative law principles are generally applicable to the conduct of state and local governments.
Q:
Agency commissioners are appointed typically for a life term.
Q:
Administrative agencies act as pseudo governments, performing purely executive, legislative, and judicial roles.
Q:
Purely intrastate activities can be regulated by the federal government if they have a substantial effect on interstate commerce.
Q:
The Commerce Clause, as interpreted by the judiciary, affords private companies exclusive discretion over foreign commerce.
Q:
In the event of an irreconcilable conflict between federal and state law, the Supremacy Clause provides that federal law will preempt state or local law rendering it unconstitutional.
Q:
States cannot regulate insurance as this is solely a federal responsibility.
Q:
The U.S. Constitution does not expressly forbid state regulation of interstate commerce.
Q:
Police power refers to the right of the state governments to promote the public health, safety, morals, and general welfare.
Q:
When all the costs and benefits of a good or service are fully internalized or absorbed by producers or consumers, those costs or benefits fall elsewhere as externalities.
Q:
Negative externalities are those in which a decision maker does not receive the full benefit of a decision.
Q:
The Supremacy Clause of the U.S. Constitution broadly specifies the power accorded to the federal government to regulate business activity.
Q:
Optimal efficiency often demands one uniform federal rule rather than a patchwork of 50 state rules.
Q:
Describe implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Q:
Explain the MagnusonMoss Warranty Act.
Q:
Identify the defenses available in strict liability cases. Also explain the coverage under strict liability cases.
Q:
A natural monopoly exists where a single large firm, such as a utility, is more efficient than several small ones.
Q:
What are the four forms of invasion of privacy?
Q:
Explain the tort defenses of consent, mistake, necessity, and self-defense with examples.
Q:
Identify and give an illustrative example of the two types of causation that must be shown in a negligence case.
Q:
Explain the doctrine of res ipsa loquitur. What is required to invoke the doctrine and what is the result of its successful use?
Q:
List and describe the three defenses to negligence and their results if successful.
Q:
Jerry, while trying to use a lawn mower to trim his hedge, lifts it up and in this process is seriously injured. Which of the following is the most likely outcome under strict liability?
A. Jerry will win since he was hurt while using the mower and injury is all that must be established under strict liability.
B. Jerry will win even though he was aware of the risk that his action created.
C. The company will lose if Jerry proves that the product had defects which caused him injury.
D. The company will win if it can prove that using a mower to trim a hedge is an improper and unforeseeable use.
Q:
Which of the following is a strict liability defense?
A. Assumption of risk
B. Comparative negligence
C. Contributory negligence
D. Self-defense
Q:
Which of the following is true of coverage under the strict liability clause?
A. Some states limit strict liability recovery to new goods.
B. Coverage generally extends only to property damage.
C. Proof of actual fault is necessary to determine coverage.
D. The courts have made strict liability to exclusively cover design and warning defect cases.
Q:
In many states, a plaintiff who willingly enters a dangerous situation and is injured will be barred from recovery. The central defense for negligence in this case is:
A. statute of limitations.
B. strict liability.
C. assumption of risk.
D. comparative negligence.
Q:
Stacy, a water sports enthusiast, goes surfing in spite of warnings of rough weather conditions from lifeguards. Consequently, she is injured because of rough tides. Stacy is barred from recovering damages as the lifeguards could not fully perform their duty of preventing harm because of her _____.
A. assumption of risk
B. negligent entrustment
C. strict liability
D. express consent
Q:
A(n) _____ exists if a seller of goods states a fact or makes a promise regarding the character or quality of the goods.
A. assumption of risk
B. express warranty
C. libel
D. warranty of merchantability
Q:
Jude purchases a vacuum cleaner that is advertised as having certain distinctive cleaning properties. However, at the first use he realizes that the vacuum cleaner fails to function as promoted. In the context of warranty, which of the following statements is true?
A. There is a breach of implied warranty of fitness for a particular purpose.
B. There is a breach of implied warranty of merchantability.
C. There is a breach of express warranty.
D. There is a no breach of warranty as it is a case of puffing.
Q:
Ellen informs the sales clerk of an electronics store that she needs washing machines capable of heavy-duty use. The sales clerk sells a machine to Ellen withholding the fact that it is not heavy-duty. The machine break down after the first month. Which of the following is accurate in this scenario?
A. Ellen can sue the store for breach of implied warranty of merchantability.
B. Ellen can sue the store for breach of implied warranty of fitness for a particular purpose.
C. Ellen cannot sue the store as there is no breach of warranty because the clerk made no affirmative statement or promise about the machines.
D. Ellen cannot sue the store as there is no breach of warranty because the clerk has no responsibility for the way the machine is used.
Q:
Which of the following statements is true of the MagnusonMoss Warranty Act?
A. The act made it illegal for sellers to provide limited warranties.
B. The act, being entirely consistent with Congresss hopes, applies to all products and all warranties.
C. The act extended and clarified the warranty rules of the Uniform Commercial Code.
D. The act specifies that offer of express warranty is a must.
Q:
Which of the following statements is true of the strict liability law?
A. Strict liability law focuses on the condition of the product, rather than the conduct of the parties.
B. Strict liability in tort imposes complete liability for damages from a defective product on the injured consumer.
C. Strict liability law, to be applied, requires proof of negligence on the part of the defendant.
D. Strict liability does not hold anyone in the chain of distribution liable for damages from the defective product.
Q:
The residents of a suburban region are unable to enjoy fresh air due to the foul smell coming from an unauthorized tannery located nearby. In this case, the owners of the tannery can be sued for _____.
A. intrusion
B. conversion
C. nuisance
D. trade libel
Q:
Ryans neighbor, Nick, is away on a week-long tour. Ryan sees smoke rising from Nicks house one day and, fearing a possible outbreak of fire, breaks in through the front door only to find that the smoke was from outside and not from within the house as he had thought. In this case, Ryan can avail the defense of _____.
A. necessity
B. consent
C. duress
D. self-defense
Q:
Which of the following requirements must a plaintiff meet to establish a successful negligence claim?
A. The plaintiff must establish that the defendant owed the plaintiff a duty of due care.
B. The plaintiff must show that the defendant meant to do the act that caused the harm.
C. The plaintiff must prove that the defendant intentionally published false statements about the plaintiff.
D. The plaintiff must have been psychologically injured by an unreasonably dangerous product.
Q:
Which of the following is the doctrine that in some cases permits the court to infer the defendants negligence even though that negligence cannot be proved?
A. The doctrine of equal footing
B. The doctrine of res judicata
C. The doctrine of res ipsa loquitur
D. The doctrine of equivalents
Q:
Which of the following imposes on a manufacturer a duty to design its products so that they are safe not only for their intended use but also for any reasonably foreseeable use?
A. Risk-utility test
B. Miller test
C. Consumer expectations test
D. Dominant factor test
Q:
Nolan has an accident when he misses a stop sign and crashes into another car whose driver is drunk. Nolan, in spite of having sustained $11,000 worth injuries, is able to recover only $8,800 as his own negligence is found to be 20 percent responsible for the injury. The type of negligence defense most likely availed in this case is:
A. comparative negligence.
B. contributory negligence.
C. assumption of risk.
D. statute of limitations.
Q:
The historic rule that any contribution by the plaintiff to his or her own harm constitutes a complete bar to recovery is called _____.
A. comparative negligence
B. strict liability
C. contributory negligence
D. statute of limitations
Q:
Which of the following describes the tort of nuisance?
A. It occurs when an individuals name or image is wrongfully used without permission for commercial purposes.
B. It is a form of defamation that is directed against the property of a person.
C. It is the situation in which enjoyment of ones land is impaired because of some tortious interference.
D. It involves an intentional interference with a persons right to fully enjoy his or her personal property.
Q:
An intentional invasion of a persons solitude is labeled a(n) _____ if it would be highly offensive to a reasonable person.
A. intrusion
B. false light
C. fraud
D. assault
Q:
Which of the following statements is true of a false light claim?
A. It would need to be highly offensive to a reasonable person.
B. It involves injury to ones reputation rather than emotional well-being.
C. It deals with interferences that often take the form of light, noise, smell, or vibration.
D. It is often treated as the tort of injurious falsehood.
Q:
Mark, the owner of a dry cleaning store, refuses to return an expensive tuxedo to Jim, his customer, for a day as he mistakenly believes that Jim has not made payments for the services availed in the past three months. This is an example of a(n) _____.
A. trespass to personal property
B. misappropriation
C. conversion
D. injurious falsehood
Q:
Which of the following is an intentional tort that is directed against the property of a person?
A. Misappropriation
B. Injurious falsehood
C. Libel
D. Battery
Q:
Which of the following statements is true of the tort of negligence?
A. Intent is absent, but because of one partys carelessness, another has suffered injury.
B. It is limited to unreasonably dangerous products and practices.
C. It is a no-fault concept where an individual is responsible for harm without proof of carelessness.
D. The plaintiff needs to show that the harm itself was intended.
Q:
Intentionally touching another in a harmful or offensive way without legal justification or the consent of that person is a(n) _____.
A. assault
B. battery
C. defamation
D. fraud
Q:
Intentionally causing another to reasonably believe that he or she is about to be the victim of a battery is a(n) _____.
A. slander
B. libel
C. indictment
D. assault
Q:
Which of the following is a necessary condition for establishing defamation?
A. A true statement about the victim
B. Harm to the victims reputation
C. A statement that is so inherently damaging that actual injury need not be shown
D. Communication of a false statement to only the victim
Q:
Which of the following statements is true of libel?
A. Libel, leaving a more permanent stain, generally requires a showing of actual harm.
B. Any dead person can be the victim of defamation.
C. Libel about a companys products or property often is treated as the tort of injurious falsehood.
D. Courts do not treat defamatory radio and television statements as forms of libel.
Q:
When an individuals name or image is wrongfully used without permission for commercial purposes, it is called a(n) _____.
A. assault
B. intrusion
C. false light
D. misappropriation
Q:
Puffing creates an express warranty.
Q:
A description of goods which is made part of the basis of a bargain creates an express warranty that the goods shall conform to the description.
Q:
A full warranty requires free repair of any defect.
Q:
Strict liability requires proof of negligence on the part of the defendant.
Q:
Under strict liability, coverage generally extends to only personal injuries and not property damage.
Q:
A warranty is simply a non-contract-based guarantee.
Q:
To establish a successful negligence claim, a plaintiff must establish that the defendant owed a duty of due care to the plaintiff.
Q:
A showing of res ipsa loquitur requires that the accident ordinarily would not happen absent the defendants negligence.
Q:
The risk-utility test holds that a product is negligently designed if the benefits of a products design are outweighed by the risks that accompany that design.
Q:
According to the contributory negligence defense, a plaintiffs recovery is reduced by a percentage equal to the percentage of the plaintiffs fault in the case.
Q:
In many states, a plaintiff who willingly enters a dangerous situation and is injured will be given a nominal amount as recovery.
Q:
Falsely claiming that a competitors product is defective or harmful might constitute injurious falsehood.
Q:
Libel generally requires a showing of actual harm.
Q:
Conversion is the situation in which enjoyment of ones land is impaired because of some tortious interference.
Q:
Victims of negligence in a product liability case can bring actions against all careless parties in the chain of production and distribution.
Q:
Raising ones hand as if to strike another even though the blow never transpires constitutes the tort of assault if the victim reasonably thought herself to be in immediate danger.