BUL 3130 TEST QUESTIONS WITH
CERTIFIED ANSWERS
The implied warranty of fitness for a particular purpose (unless disclaimed) is given in
every sale of goods by a merchant. - Answer-proof that the seller is a merchant.
Snow-Man manufactures a cotton candy machine. It will not sell its machine unless the
buyer purchases at least five-dozen paper cones for holding the cotton candy. Snow-
Man's requirement: - Answer-is a tying arrangement.
Which of the following statutes was the first federal antitrust statute? - Answer-Sherman
Act
Exhaust, Inc. has the exclusive contract with the state of California for building,
maintaining, and operating the state's vehicle emission testing centers. Auto Emissions,
Inc. has announced it will submit a bid on the upcoming renewal. Exhaust, Inc. has
begun lobbying state legislators to pass a bill allowing only in-state firms to be awarded
the exclusive emissions contract. Exhaust is a California corporation and Auto
Emissions is a New York corporation. Exhaust's conduct is: - Answer-protected under
the Noerr-Pennington doctrine.
The Sherman Act does not apply unless sales across state lines are involved. - Answer-
F
Limitations on bidding are permitted in professional bids such as in architecture and
service contracts. - Answer-F
Private parties can bring suit under the Federal Trade Commission Act. - Answer-F
The implied warranty of merchantability requires: - Answer-proof that the seller is a
merchant.
A vertical merger that prevents market entry is illegal. - Answer-T
Which federal law regulates minimum wage? - Answer-FLSA
Employees are not required to give consent to employer access to their e-mails under
the Stored Communications Act. - Answer-F
Child labor protections are part of FLSA. - Answer-T
Which firms are covered under FLSA?
hotels
retail businesses
restaurants
, All of the above are covered. - Answer-all
Workers' compensation systems are administered by the federal government. - Answer-
F
Workers' compensation systems cover independent contractors. - Answer-F
What is the maximum fine for a willful or repeat OSHA violation?
$70,000
up to 10% above $126,000
up to $12,000 per violation
up to $12,600 per day - Answer-up to 10% above $126,000
An employee who is following orders cannot be held liable for any criminal charges that
result from that conduct. - Answer-F
Which of the following is not an intentional tort?
battery
false imprisonment
invasion of privacy
negligence - Answer-I GOT THIS ONE WRONG!
I picked invasion of privacy. I think it might be negligence. IDK
The failure to follow industry code is a breach of duty. - Answer-T
Beyoncé is an example of a public figure for purposes of proving malice. - Answer-T
Contract interference: - Answer-requires proof of intent to interfere.
Cindy Bonfield posted the following on her Facebook, "My friend Eliza just stole an
Apple phone from Walmart. Can you believe it?" Eliza was working at the time and did
not steal the phone. Which of the following statements is true? - Answer-Cindy has
defamed Eliza.
Speeding is a breach of duty for negligence purposes. - Answer-T
Which of the following statements would qualify for a defamation action (assuming the
statement is false)? - Answer-"Jones pled guilty to a violation of campaign contribution
laws."
Nuisance is a common law anti-pollution doctrine. - Answer-T
The Federal Partnership Action Agenda provides funding for brownfield projects. -
Answer-T
In June 1985, Joseph Marcantuone and Robert Gieson purchased property located in
East Orange, New Jersey. At the time of purchase, the property was partly occupied
and leased to Carriage Trade Cleaners, a dry cleaning establishment. A number of dry
cleaners continuously operated on this site since 1930. Marcantuone and Gieson
owned and operated a grocery store on another section of the property. They have
never personally owned or operated a dry cleaning establishment on the property. JRM,
CERTIFIED ANSWERS
The implied warranty of fitness for a particular purpose (unless disclaimed) is given in
every sale of goods by a merchant. - Answer-proof that the seller is a merchant.
Snow-Man manufactures a cotton candy machine. It will not sell its machine unless the
buyer purchases at least five-dozen paper cones for holding the cotton candy. Snow-
Man's requirement: - Answer-is a tying arrangement.
Which of the following statutes was the first federal antitrust statute? - Answer-Sherman
Act
Exhaust, Inc. has the exclusive contract with the state of California for building,
maintaining, and operating the state's vehicle emission testing centers. Auto Emissions,
Inc. has announced it will submit a bid on the upcoming renewal. Exhaust, Inc. has
begun lobbying state legislators to pass a bill allowing only in-state firms to be awarded
the exclusive emissions contract. Exhaust is a California corporation and Auto
Emissions is a New York corporation. Exhaust's conduct is: - Answer-protected under
the Noerr-Pennington doctrine.
The Sherman Act does not apply unless sales across state lines are involved. - Answer-
F
Limitations on bidding are permitted in professional bids such as in architecture and
service contracts. - Answer-F
Private parties can bring suit under the Federal Trade Commission Act. - Answer-F
The implied warranty of merchantability requires: - Answer-proof that the seller is a
merchant.
A vertical merger that prevents market entry is illegal. - Answer-T
Which federal law regulates minimum wage? - Answer-FLSA
Employees are not required to give consent to employer access to their e-mails under
the Stored Communications Act. - Answer-F
Child labor protections are part of FLSA. - Answer-T
Which firms are covered under FLSA?
hotels
retail businesses
restaurants
, All of the above are covered. - Answer-all
Workers' compensation systems are administered by the federal government. - Answer-
F
Workers' compensation systems cover independent contractors. - Answer-F
What is the maximum fine for a willful or repeat OSHA violation?
$70,000
up to 10% above $126,000
up to $12,000 per violation
up to $12,600 per day - Answer-up to 10% above $126,000
An employee who is following orders cannot be held liable for any criminal charges that
result from that conduct. - Answer-F
Which of the following is not an intentional tort?
battery
false imprisonment
invasion of privacy
negligence - Answer-I GOT THIS ONE WRONG!
I picked invasion of privacy. I think it might be negligence. IDK
The failure to follow industry code is a breach of duty. - Answer-T
Beyoncé is an example of a public figure for purposes of proving malice. - Answer-T
Contract interference: - Answer-requires proof of intent to interfere.
Cindy Bonfield posted the following on her Facebook, "My friend Eliza just stole an
Apple phone from Walmart. Can you believe it?" Eliza was working at the time and did
not steal the phone. Which of the following statements is true? - Answer-Cindy has
defamed Eliza.
Speeding is a breach of duty for negligence purposes. - Answer-T
Which of the following statements would qualify for a defamation action (assuming the
statement is false)? - Answer-"Jones pled guilty to a violation of campaign contribution
laws."
Nuisance is a common law anti-pollution doctrine. - Answer-T
The Federal Partnership Action Agenda provides funding for brownfield projects. -
Answer-T
In June 1985, Joseph Marcantuone and Robert Gieson purchased property located in
East Orange, New Jersey. At the time of purchase, the property was partly occupied
and leased to Carriage Trade Cleaners, a dry cleaning establishment. A number of dry
cleaners continuously operated on this site since 1930. Marcantuone and Gieson
owned and operated a grocery store on another section of the property. They have
never personally owned or operated a dry cleaning establishment on the property. JRM,
