TEST FOUR

 

 

1) Under workers' compensation, when an employee is accidentally injured on the job:

A) A worker can sue the employer in addition to recovering from workers' compensation, but only if the employer intentionally caused the injury.

B) A worker has the choice of whether to file a normal lawsuit or recover from the workers' compensation board.

C) A worker can file a normal lawsuit and recover from the workers' compensation board.

D) Whether the injury occurred in the course of employment is not relevant.

 

2) Which of the following is not true regarding the Occupational Safety and Health Act?

A) Its purpose is to protect the safety of workers and the safety of those who purchase the employer's products or services.

B) Employers are subject to having their workplaces inspected under the Act.

C) Even though the Act contains numerous specific safety standards, employers must also provide a work environment that is free from recognized hazards that could cause death or serious injury.

D) Employers are required to post notices in the workplace informing workers of their rights under the Act.

 

3) Which of the following statements is not true under the Fair Labor Standards Act?

A) Children under 14 cannot work at all, except on farms.

B) Children ages 14 and 15 may work limited hours in nonhazardous jobs.

C) Children ages 16 and 17 may work unlimited hours in nonhazardous jobs.

D) Persons age 18 or over may work unlimited hours in nonhazardous jobs.

 

4) Under the Fair Labor Standards Act:

A) Limitations are placed on the hours that workers can work each week without being paid overtime.

B) A minimum wage is set, but is not required to be paid if the worker agrees to accept a lower amount.

C) Workers are prevented from working in hazardous jobs.

D) Employers are not required to pay overtime for a nonexempt employee who works 45 hours in the first week but only 25 hours in the second week of a two-week pay period.

 

5) Which of the following is not a purpose of ERISA?

A) For employees to have access to certain information about their pension plans.

B) To make certain that pension plans have restricted amounts of securities investments placed into them by employers.

C) To require a pension plan to be in writing

D) To ensure that as many companies as possible provide pension plans for their employees.

 

6) Which of the following is true about unemployment benefits?

A) Because they are set at the federal level, unemployment benefits are the same in every state.

B) Employees are eligible to receive benefits regardless of the reason that employment ends.

C) The taxes to support the unemployment benefits program are paid by the employer.

D) Once awarded, a recipient of unemployment benefits will be entitled to collect the award even if the employee finds other work.

 

7) Bob, an employee of Risky Manufacturing, Inc., is accidentally injured by a fellow worker while working his shift. Under workers' compensation, Bob can:

A) Sue Risky or seek workers' compensation recovery, but not both.

B) Sue Risky or seek workers' compensation recovery.

C) Seek workers' compensation but not sue Risky.

D) Recover from workers' compensation only if Risky was negligent in allowing the injury to occur.

 

8) Under what conditions must an employer allow nonemployee union solicitation on company property?

A) If there is currently no union representing the company's employees

B) If the employees live in a company town such that it would be difficult to solicit the employees off company property

C) If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union

D) If the purpose of the union is to address issues other than wages

 

9) The Worker Adjustment and Retraining Notification Act requires notification to be given:

A) Six months in advance for any plant closing.

B) Sixty days in advance for any plant closing.

C) Sixty days in advance for plant closings resulting in the loss of 50 or more jobs, but not for temporary layoffs.

D) Sixty days in advance for plant closings resulting in the loss of 50 or more jobs, and for layoffs of 50 employees or 33 percent of workers at a site for 30 days or more.

 

10) The Farm Union represents farm workers, some of whom are employed by Vino Wineries. The union is on strike against Vino and it is picketing all liquor stores that sell Vino products. The picketers are asking that no one buy anything from any liquor store that carries Vino products. There has been no violence. This picketing is:

A) An illegal secondary boycott.

B) A legal secondary boycott.

C) An illegal common situs picket.

D) A legal common situs picket.

 

11) A right-to-work law generally provides that:

A) Union membership is mandatory.

B) Employees cannot be forced to join a union.

C) Union employees cannot be laid off.

D) Both union and nonunion employees cannot be laid off.

 

12) Which of the following types of strikes is legal?

A) Violent strikes

B) Strikes occurring 75 days after union notification to the employer of a possible strike

C) Sit-down strikes

D) Partial strikes

 

13) Jed owns a small but growing manufacturing company. Jed had enjoyed a good relationship with his production workers until recently. Now there is to be an election to join a national union that will be held in two weeks. Jed has implemented a policy that there will be no solicitation of employees on company property. Which of the following is true?

A) Jed must allow solicitation of his employees any time they are at work.

B) Jed must provide his employees with time off in order to learn about the union's side of the issue.

C) Jed must allow anyone to solicit his employees while they are on breaks or at lunch.

D) Jed must allow on-duty employees to solicit other employees, but can limit it to nonwork areas such as break rooms.

 

14) A ________ is a non-immigrant visa that allows U.S. employers to employ in the United States foreign nationals who are skilled in specialty occupations.

A) H-1B visa

B) Form I-9

C) H4 visa

D) none of the above

 

15) The sources of current patent law are:

A) State statutes only.

B) State statutes and administrative rulings.

C) The Federal Patent Statute of 1952 and legislation implementing the U.S. Court of Appeals for the Federal Circuit.

D) The Federal Patent Statute of 1952.

16) Which of the following is true?

A) Only certain inventions can be patented.

B) Any idea or invention can be patented.

C) Only published works may be copyrighted.

D) Treble damages are available in patent, trademark, or copyright infringement cases.

 

17) Wildboards Company introduces a product called a "Rollerboard" for which it is granted a registered trademark. The Rollerboard is a snowboard with a removable row of wheels along the center of the underside. With the wheels attached, the user can attain extremely high speed in hard packed snow conditions. In addition, many users have found that they can use their snowboards on streets with the wheels attached. This new use of snowboards becomes very popular and many competing snowboard makers introduce similar products. The sport becomes known generally as rollerboarding and most people refer to all such wheeled snowboards as rollerboards. The consequence of this is that:

A) Wildboards cannot prevent competitors from using the term rollerboard to refer to their products.

B) Competitors must pay royalties to Wildboards for using the term "Rollerboard."

C) Wildboards cannot use the name Rollerboard any longer on its boards.

D) Competitors must put a disclaimer on its boards that they are not the original Rollerboard.

 

18) Which of the following would not be a misappropriation of a trade secret?

A) Paying an engineer who is working at a competitor to disclose the trade secret to you

B) Buying the competitor's product, then tearing it apart and analyzing it in your laboratory to reveal the trade secret

C) Hiring a spy to break into a competitor's offices to acquire the secret

D) Asking one of your current engineers to disclose a trade secret of her former employer, which she then does

 

19) Which of the following is true about misappropriation of trade secrets?

A) A valid patent is required in order to recover.

B) A valid trademark is required in order to recover.

C) Both a valid trademark and valid patent are required in order to recover.

D) Neither a valid trademark nor a valid patent is required in order to recover.

 

20) What obligations does a company have with respect to trade secrets?

A) File for the appropriate patent or copyright, depending on the nature of the trade secret.

B) Take all reasonable steps to prevent the secret from being discovered.

C) File with the Trade Secret Listing of the U.S. Patent and Trademark Office.

D) A and B.

 

21) In order to obtain a patent for an invention, the invention must be all of the following except:

A) Novel.

B) Profitable.

C) Nonobvious.

D) Useful.

 

22) The following can properly be the subject of a patent except:

A) Mechanical processes.

B) Machines.

C) Conceptual ideas.

D) Designs for manufactured objects.

 

23) The public use doctrine is also called:

A) Patent infringement.

B) Public utility.

C) Limited label license doctrine.

D) One-year "on sale" doctrine

 

24) Which of the following kinds of intellectual property does not need to be registered in order to be entitled to receive protection?

A) Copyrights

B) Patents

C) Trademarks

D) A and B only

 

25) Which of the following is true about trademark registration?

A) Trademark registration is optional because protection is automatic.

B) Once a trademark is registered, protection cannot be lost.

C) A trademark must be registered prior to its actual use in commerce.

D) The registration of a trademark can be renewed an unlimited number of times.

 

26) Which of the following is true?

A) Trademark protection can be lost if a trademark becomes used generically.

B) Under the "fair use" doctrine, trademarks can be used in certain limited ways without the trademark holder's permission.

C) Selling a trademarked item to many buyers can result in loss of the trademark.

D) Terms such as "English Leather" cannot be trademarked because they consist only of generic terms.

 

27) What is the usual effect of a nolo contendere plea by the defendant in a government antitrust case?

A) A penalty imposed on the defendant without an admission of guilt.

B) A penalty imposed on the defendant without an admission of guilt and automatic liability to any private plaintiffs in related cases.

C) A requirement that a defendant cease business in the line of business or market where the violation occurred.

D) An admission of guilt accompanied by a lighter penalty than if a verdict of guilty was issued following a trial.

 

28) What is the legal significance of the distinction between rule of reason violations and per se violations under the Sherman Act?

A) Rule of reason violations must be proven beyond a reasonable doubt and per se violations must be proven with a preponderance of the evidence.

B) Rule of reason violations require an agreement with at least one other party, but per se violations can occur without an agreement with others.

C) Rule of reason violations relate to horizontal situations, and per se violations relate to vertical situations.

D) Rule of reason violations might be proven to be acceptable, but per se violations cannot be acceptable under any circumstances.

 

29) Horizontal price fixing occurs when:

A) One or more companies charge the same prices for goods at all their stores for an unreasonable length of time.

B) A manufacturer requires its independent dealers to sell its products at a given price.

C) A company with the entire market on a patented product sells the product at a fixed price.

D) Two or more competing companies agree on the prices to charge for their products.

 

30) Resale price maintenance occurs when:

A) A retailer refuses to lower its price even though competitors have lowered their prices.

B) A wholesaler refuses to offer volume discounts to its high volume customers.

C) A manufacturer sells its products only to those dealers who agree to charge a certain price for the product's resale.

D) A manufacturer sells its products to its dealers for the same price in all states even though the retail market is much more competitive in some states than in others.

 

31) The following are required to be proven in order to use the failing company doctrine except:

A) That there is no other reasonable alternative for the failing company.

B) That no other purchaser is available.

C) That the failure of the failing company is not due to negligence of its management.

D) That the assets of the failing company would disappear from the market without the merger.

32) Which of the following is true about tying arrangements?

A) Tying arrangements are always illegal.

B) Tying arrangements are always legal.

C) Tying arrangements are legal for companies without monopoly power and illegal for companies with monopoly power.

D) Tying arrangements are illegal unless there is a justifiable reason for the seller to have the tying arrangement.

 

33) The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring:

A) That certain activities are classified as per se violations.

B) That failing companies be rescued through mergers whenever possible.

C) That violators of antitrust laws be liable for treble damages.

D) That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms

34) In determining the lawfulness of a merger, which of the following factors need not be shown?

A) An actual lessening of competition

B) The relevant product market

C) The relevant geographic market

D) The likelihood of a substantially lessening of competition or the tendency to create a monopoly

 

35) Which of the following is not required under the Nutrition Labeling and Education Act?

A) Sellers of most food must provide information on fat content and fiber.

B) The terms "light," "natural," and similar terms must be used only in accordance with specific definitions.

C) Maximum fat and saturated fat levels are set for certain foods.

D) Calories derived from fat must be disclosed.

 

36) Under the federal rules regulating food and drugs:

A) Food must be 100 percent pure before it can be sold to consumers.

B) Food may contain certain impurities, such as insect parts, as long as it is not adulterated.

C) If a food contains impurities, such as insect parts, these impurities must be disclosed on the food label.

D) All food must be inspected by the government before it is sold.

 

37) Which of the following is true about the FDA regulation of drugs?

A) The FDA has the power to regulate prescription drugs only.

B) The FDA conducts hearings in connection with new drug applications.

C) Once approved, the FDA does not have the power to withdraw approval of a drug.

D) New drugs can be marketed prior to FDA approval so long as the drugs have no dangerous side effects.

38) The Consumer Product Safety Commission is empowered to do all of the following except:

A) Adopt rules and regulations to interpret and enforce the Consumer Product Safety Act.

B) Conduct research on the safety of consumer products.

C) Issue comparative safety ratings of competing products.

D) Order a manufacturer to recall, repair, or replace a dangerous product or take other corrective action.

 

39) Which of the following is true about lemon laws?

A) They are a series of federal statutes designed to protect purchasers of new cars.

B) The first remedy under these laws is an expedited process in the court system.

C) They protect owners against defects occurring anytime within the new car warranty period.

D) They apply only in situations where there are recurring problems that the dealer or manufacturer has been unable to remedy.

           

40) In order for a party to be liable for false and deceptive advertising, it must be shown that:

A) The advertisement has deceived a majority of the persons who have seen it.

B) At least some persons have been deceived by it.

C) The plaintiff in the lawsuit was deceived by it.

D) The advertisement is likely to mislead a reasonable consumer.

 

41) Which of the following is NOT provided for in the Food, Drug, and Cosmetic Act?

A) Testing of drugs

B) Manufacture of drugs

C) Distribution of drugs

D) Advertising of drugs

 

42) Which of the following is true about the Clean Air Act?

A) Congress set national ambient air quality standards for a number of pollutants.

B) Congress set goals, but not standards for a number of pollutants.

C) Congress directed the EPA to set ambient air quality standards for certain pollutants, but the EPA has not yet set the standards due to scientific uncertainty.

D) Congress directed the EPA to set ambient air quality standards for certain pollutants, and standards have been set thus far for carbon monoxide and sulfur oxide, among others.

 

43) Which of the following is not required of a state's compliance plan for a nonattainment area?

A) Identification of major sources of air pollution

B) Mandatory installation of pollution control equipment on major sources

C) Provision of adequate state funding for the installation of pollution control equipment

D) Institution of a permit system for new sources of air pollution

 

44) Which of the following is true?

A) In order to dredge or fill a wetland, a permit is needed from the EPA.

B) The federal government has primary enforcement responsibility for the Safe Drinking Water Act.

C) A permit is needed for dumping toxic wastes in the ocean, but not for dumping wastes that are nontoxic.

D) The Marine Protection, Research, and Sanctuaries Act established marine sanctuaries in the Great Lakes.

 

45) Which of the following is not one of the federal statutes protecting wildlife?

A) The Migratory Bird Treaty Act

B) The Wild Free-Roaming Horses and Burros Act

C) The Wild Game Preservation Act

D) The Fishery Conservation and Management Act

 

46) A federal government agency is planning to build a dam in Maine. The land where the dam will be located, and the area that will be under the lake to be formed, is currently all privately owned. Which of the following correctly describes the requirement for an environmental impact statement?

A) An environmental impact statement is not required because the land is private.

B) An environmental impact statement is required only if the land will become federal land before the dam is built.

C) An environmental impact statement is required only if any of the land affected is classified as wetland.

D) An environmental impact statement is required because it is the federal government that is undertaking his project.

 

47) Wally owns 40 acres along a river. He is planning to build a home near the river, and a friend has just informed him that the land on which Wally is planning to build the house is wetlands. In this circumstance, what must Wally do in order to be able to fill in the wetlands for the construction of his house?

A) Nothing, because this is the action of a private individual on private land.

B) Nothing, so long as the house will not emit any pollutants into the nearby river.

C) File an environmental impact statement.

D) Obtain a permit from the Army Corps of Engineers.

 

48) Which of the following statements best describes the procedures under the Clean Air Act?

A) The federal government sets and enforces the standards.

B) The state governments set and enforce the standards.

C) The federal government sets the standards; the state governments enforce the standards; if the states do not adequately enforce the standards, the federal government may enforce them.

D) The state governments set the standards; the federal government enforces the standards; if the federal government does not adequately enforce the standards, the states may enforce them.

 

49) Under the Superfund legislation, who may be held liable for the cleanup costs of a hazardous waste site?

A) Only the generator of the waste

B) Only the generator and the transporter

C) Only the generator, transporter, and owner of the land at the time of the waste disposal

D) The generator, the transporter, the owner of the land at the time of disposal, and the current owner

 

50) Ownership of real property in fee simple defeasible means that:

A) The ownership is for only a limited period of time.

B) The ownership is absolute except that ownership may be lost upon the occurrence or non-occurrence of some event.

C) The property reverts to the grantor when some condition is met.

D) Some type of joint ownership exists.