Exam Business - Business Law

1

Apfel produces smartphones in the U.S. and sells them nationwide. Apfel contracted with Big Box to make it the exclusive distributor of Apfels smartphones in the California. Big Box received a promise that Apfel would not sell its smartphones to any other retailer within 20 miles of Big Box. In its California stores, Big Box has a unique pricing policy. A higher price is charged to business customers than to consumers. Big Box gives non-business customers 10% discounts off of the list price, and refuses any discounts to business customers. Circle Store, a rival of Big Box, asked Apfel to allow it to sell its products in California. Apfel refused, pointing to its contract with Big Box. Apfels's distribution policy differs in New York from what it is in California. In New York, Apfel allows

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every distributor who asks to sell Apfel smartphones. However, Apfel requires that New York retailers sign contracts stating that they agree not to sell Apfel products below prices in a monthly "price list" sent by Apfel. In contracts with its distributors nationwide, Apfel insists that sales of its smartphones be tied to sales of a data plan. No consumer is allowed to purchase an Apfel smartphone without also buying an Apfel data plan. The court in Leegin Creative Leather Products v PSKS held: "Minimum resale price maintenance can stimulate interbrand competition—the competition among manufacturers selling different brands of the same type of product—by reducing intrabrand competition—the competition among retailers selling the same brand." Which means that agreements that promote competition will not be held to be illegal, where as agreements that stifle competition will be held illegal. The relationship between Apfel and Big Box could be characterized as a:

a. horizontal business relationship.
b. diagonal business relationship.
c. vertical business relationship.
d. horizontal restraint of trade.

2

The H-1B visa is generally good for ________

3

Improperly gather evidence:

4

The UCC requires a contract modification to be supported by new consideration.

5

There is a three-day rescission period on home equity loans

6

Leigh wants to go into the business of construction contracting. Among the reasons that would probably convince Leigh to set up his business as a sole proprietorship would be A) its greater organizational flexibility

7

An employer has 1,000 employees of which 550 are suddenly terminated without notice. Under the Worker Adjustment and Retraining Notification Act, the fired employees can:

8

A woman claiming sex discrimination because she was passed over for a promotion by her employer, a local corporation specializing in the manufacture of automobile parts, would have her case reviewed under the __________ test of the Equal Protection Clause

9

What is ethics?

10

The determination of a controversy in an arbitration proceeding is called a(n)

11

The ________ is an international organization created by a multilateral treaty in 1945 to promote social and economic cooperation among nations and to protect human rights.

12

Informational picketing that does not interfere with agency operations is not allowed

13

Confiscation occurs when a government seizes a private property for a proper public purpose and awards just compensation

14

In Dow Chemical Co v. U.S., where the EPA took aerial photographs of a Dow plant to see if the plant produced too much pollution, the Supreme Court held that:

15

In the case of a nonshipment contract, risk of loss passes to the buyer upon actual receipt of goods:

16

Which of the following is true of tort law?

17

Olivia requested for leave from her supervisor for one week since her daughter fell sick and required home care. The employer refused to grant her leave and as a result Olivia was forced to be absent from work without pay. She later filed a suit against her employer alleging violation of Title VII. Under the assumption that Olivia is a productive employee, the court most likely held that: A)

18

A ________ is a distinct form of draft drawn on a financial institution and payable on demand.

19

Comfort Furniture Store sells household consumer goods. To create a purchase-money security interest, Comfort Furniture must

20

Define and explain the term "general release."

21

Bylaws provide the requirements for meetings and voting

22

Testers who encounter fair housing discrimination have the legal ability to:

23

In the O'Connor v. Oakhurst Dairy case in the text, what was the largest deciding factor in determining whether the defendant might be liable for millions of dollars in unpaid overtime wages?