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Civil and commercial law of the region (Asia and the Middle East).d

Civil and commercial law of the region (Asia and the Middle East).d

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80 вопросов Вариант 1 Доступ 7 дней
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Вопросы и варианты

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Вопрос 1

Which of the following prescribe(s) the general structure of governments and provide(s) protection for individual rights?

  1. Statutes
  2. Constitutions
  3. Administrative regulations
  4. Common law
Вопрос 2

Which of the following laws create, define, and regulate legal rights and obligations?

  1. Substantive
  2. Procedural
  3. Equitable
  4. Implied-in-fact
Вопрос 3

Contracts, agency, and commercial paper are traditional business topics in the __________ category.

  1. private law
  2. constitutional law
  3. administrative law
  4. public law
Вопрос 4

In a broad sense, crimes consist of two elements: __________ and __________.

  1. intent; negligence
  2. gross negligence; extreme recklessness
  3. actus reus; mens rea
  4. strict liability; liability without fault
Вопрос 5

For a misdemeanor case, the prosecutor typically files a(n) __________, a formal expression of the charge(s) against the defendant.

  1. arraignment
  2. bill of attainder
  3. information
  4. complaint
Вопрос 6

A civil action begins when a plaintiff files his or her first pleading, a(n) __________.

  1. motion for judgment on the pleadings
  2. interdiction
  3. indictment
  4. complaint
Вопрос 7

At the top of the judicial pyramid in all states is a court of appeals, ordinarily labeled the __________ court.

  1. district
  2. superior
  3. magistrate’s
  4. supreme
Вопрос 8

In theory, when deciding an appeal, the appellate court may take all but which of the following actions?

  1. Overrule the lower court
  2. Reverse and remand
  3. Affirm
  4. Enter a judgment on the pleadings
Вопрос 9

Which of the following is true regarding the appeals process?

  1. Only the winner may appeal the decision to a higher court.
  2. Only the loser may appeal the decision to a higher court.
  3. The appeals court tries the case again.
  4. The appeals court does not hear new evidence.
Вопрос 10

Which of the following is true regarding mediation?

  1. The mediator is a decision-maker.
  2. The mediator’s proposed solution includes a determination of right and wrong.
  3. It introduces a neutral third party into the resolution process.
  4. Ideally, the mediator mandates a solution.
Вопрос 11

A free-market system cannot operate effectively and fairly without a reliable foundation in __________.

  1. contract law
  2. equity
  3. government regulation
  4. equality of consideration
Вопрос 12

Section 2-105 of the Uniform Commercial Code (UC defines goods as __________, __________ things.

  1. intangible; immovable
  2. tangible; immovable
  3. tangible; movable
  4. intangible; movable
Вопрос 13

Agreements that are so thoroughly one-sided that fairness precludes enforcing them are known as __________ contracts.

  1. void
  2. unconscionable
  3. voidable
  4. quasi-
Вопрос 14

A(n) __________ contract means that all parties have yet to fully perform their responsibilities.

  1. unilateral
  2. quasi-
  3. executory
  4. voidable
Вопрос 15

A(n) __________ contract is created when an offeror promises to keep an offer open for a specified period and, in return, the offeree pays consideration.

  1. voidable
  2. unilateral
  3. void
  4. option
Вопрос 16

Intentional untruths constitute __________ and allow the deceived party to seek rescission and restitution.

  1. commercial impracticability
  2. sales talk
  3. sales puffery
  4. fraud
Вопрос 17

When a promisee enters into a contract with the primary purpose of making a gift to a third party, that third party is a(n) __________ beneficiary of the contract.

  1. incidental
  2. creditor
  3. incremental
  4. donee
Вопрос 18

Often, a third party receives a benefit from a contract even though conferring that benefit was not the contracting parties’ primary purpose or intent. In this situation, the third party is known as a(n) __________ beneficiary.

  1. third-party
  2. incidental
  3. incremental
  4. contingent
Вопрос 19

Which of the following is an equitable remedy that permits the court to rewrite a contract because it did not express the parties’ true intentions?

  1. Reformation
  2. Restitution
  3. Rescission
  4. Injunction
Вопрос 20

When a court issues an order that may either require or forbid a party to perform a specified act, the court has issued a(n) __________.

  1. quasi-contract
  2. reformation
  3. injunction
  4. rescission
Вопрос 21

Conflicts between federal law and state or local laws are most often resolved by reference to which of the following provisions of the United States Constitution?

  1. The Fifth Amendment
  2. The Sixth Amendment
  3. The Commerce Clause
  4. The Supremacy Clause
Вопрос 22

Which of the following is correct regarding federal versus state and local regulations affecting businesses?

  1. The federal government is primarily responsible for regulating the insurance industry.
  2. States are not involved in regulating the banking industry.
  3. States are not involved in regulating securities
  4. State and local rules have an enormous impact on business practices
Вопрос 23

Administrative law technically addresses the entire ______ branch(es) of government.

  1. executive
  2. legislative
  3. judicial
  4. three (3)
Вопрос 24

Which of the following was not a federal administrative agency created in response to the Great Depression?

  1. The Securities and Exchange Commission (SEC)
  2. The Federal Communications Commission (FCC)
  3. The Food and Drug Administration (FDA)
  4. The National Labor Relations Board (NLRB)
Вопрос 25

Which of the following are the two (2) kinds of federal administrative agencies?

  1. Executive and independent
  2. Legislative and executive
  3. Legislative and independent
  4. Executive and judicial
Вопрос 26

Internal Revenue Service (IRS) regulations are an example of _____ rules.

  1. judicial
  2. legislative
  3. interpretive
  4. procedural
Вопрос 27

Shareholder liability is restricted to the loss of their investment, which is the essence of ___________.

  1. strict liability
  2. qualified immunity
  3. absolute immunity
  4. limited liability
Вопрос 28

A sole proprietorship __________.

  1. is not an entity
  2. has a legal existence distinct from its owner
  3. is a limited liability company
  4. is not the default form for single-owner enterprises
Вопрос 29

A hostile takeover involves acquiring control of a company in the face of strong __________.

  1. management support
  2. management resistance
  3. resistance from the Securities and Exchange Commission (SEC)
  4. resistance from the Secretary of State in the state where the company is incorporated
Вопрос 30

A(n) __________ is distinguished from a for-profit business in that it is formed primarily to further a specific positive social objective, rather than to seek profit maximization.

  1. C corporation
  2. S corporation
  3. social business
  4. limited liability company
Вопрос 31

A(n) _____ is generally hired to perform a specific task without an expectation of long-term continuous employment.

  1. employee
  2. third-party beneficiary
  3. independent contractor
  4. incidental beneficiary
Вопрос 32

Generally, a business must provide unemployment insurance to its _____.

  1. third-party beneficiaries and incidental beneficiaries
  2. employees
  3. independent contractors
  4. employees and independent contractors
Вопрос 33

The enforcement guidance of the _____ does not ban employers from using criminal checks to screen applicants or current employees.

  1. Fair Labor Standards Act (FLSA)
  2. United States Department of Labor (USDOL)
  3. Equal Employment Opportunity Commission (EEOC)
  4. National Labor Relations Act (NLRA)
Вопрос 34

Which of the following is not a prominent common law claim that might provide a method for challenging the use of drug testing?

  1. Unreasonable search and seizure
  2. Invasion of privacy
  3. Defamation
  4. Intentional infliction of emotional distress
Вопрос 35

Which of the following pension plans provide specified monthly payments upon retirement?

  1. Present value
  2. Defined benefit
  3. Defined contribution
  4. Future value
Вопрос 36

Employer liability for employee injuries, accidents, or wrongs is largely dependent on whether the employee was _____ at the time of the incident in question.

  1. full-time
  2. legally competent
  3. aware of her wrongdoing
  4. on the job
Вопрос 37

Which of the following is an objective of the Fair Labor Standards Act (FLSA)?

  1. The establishment of a federal minimum wage that varies according to the cost of living in a particular geographic region of the country
  2. Higher pay for minority workers
  3. Child labor protection
  4. The establishment of a maximum number of working hours per week for employees
Вопрос 38

Which of the following is a legal requirement for a valid worker’s compensation claim?

  1. The absence of workplace safety standards
  2. The failure of employer-provided equipment to protect the employee from a work-related injury
  3. An injury, illness or death that occurred in the course of employment
  4. Proof of employer negligence
Вопрос 39

According to the Equal Employment Opportunity Commission (EEOC), an employment applicant’s prior arrest alone _____ be used by an employer in making an employment decision.

  1. does not establish criminal conduct and therefore can
  2. establishes criminal conduct and therefore cannot
  3. does not establish criminal conduct and therefore cannot
  4. establishes criminal conduct and therefore can
Вопрос 40

Diane, a human resource manager at a multinational corporation, discovers that one of the employees in the firm had misstated his education credentials. Diane can terminate the employee for _____.

  1. résumé fraud
  2. false light
  3. defamation
  4. nondisclosure of essential facts
Вопрос 41

When a country seeks to apply its own laws to foreigners, the question is whether the country has jurisdiction to __________.

  1. execute
  2. adjudicate
  3. regulate
  4. prescribe
Вопрос 42

In the international context, jurisdiction to __________ refers to jurisdiction to legislate.

  1. enforce
  2. regulate
  3. prescribe
  4. adjudicate
Вопрос 43

Which of the following federal administrative agencies enforces the civil and criminal penalties for violations of the federal CAN-SPAM Act of 2003?

  1. The Federal Trade Commission (FTC)
  2. The Federal Communications Commission (FCC)Adware
  3. The Interstate Commerce Commission (ICC)
  4. The Uniform Commerce Commission (UCC)
Вопрос 44

Which of the following is the process of building profiles of individuals by organizing all of the discrete pieces of information collected in the normal course of business?

  1. Data mining
  2. Ransoming
  3. Spamming
  4. Phishing
Вопрос 45

Which of the following federal administrative agencies is charged with primary enforcement of the Children’s Online Privacy Protection Act (COPPA)?

  1. The Federal Internet Safety Commission (FISC)
  2. The Child Protection Commission (CPC)
  3. The Children’s Online Privacy Protection Commission (COPPC)Children’s Online Privacy Protection Commission
  4. The Federal Trade Commission (FTC)
Вопрос 46

The European Union’s (EU’s) 1998 Data Protection Directive first established the right of individual consumers to do which of the following?

  1. Decide how their collected data could be used
  2. Dictate whether their personal data could be collected
  3. Order the deletion, within twenty-four (24) hours, of any personal data provided when purchasing an item online
  4. Bring criminal charges against any company that collects their data
Вопрос 47

Which of the following is most likely to be a standard-essential patent?

  1. A wireless mouse for laptops
  2. A technology that enables communication through satellite phones
  3. A technology that enables enhanced voice recording in a smartphone
  4. A keyboard with a unique design
Вопрос 48

Which of the following is/are responsible for the exponential growth of copyright infringement?

  1. Libraries
  2. Schools
  3. The Internet
  4. The federal and state governments
Вопрос 49

Deontology is derived from the Greek work meaning __________.

  1. duty
  2. directive
  3. dissertation
  4. departmentalization
Вопрос 50

Teleological ethical systems are often referred to as __________ ethical systems.

  1. formalist
  2. existentialist
  3. deontologist
  4. consequentialist
Вопрос 51

Andrew sold a painting to Henry claiming it was an original Matisse. However, Andrew had recently bought the painting from an artist who specializes in reproducing original masters. When Henry showed the painting to an arts dealer, the dealer pointed out that it was a fake. Henry is a victim of __________.

  1. fraud
  2. unconscionability
  3. negligent misrepresentation
  4. slander
Вопрос 52

When is a contract unconscionable?

  1. When one party to the agreement is smarter than the other
  2. When a contract is so unfair that it may shock the conscious
  3. When one party is mistaken as to the meaning of the contractual terms
  4. When a contract may be somewhat unfair such that one party asks the court to intervene
Вопрос 53

Which of the following federal agencies is primarily responsible for enforcing finance laws such as the Electronic Fund Transfer Act and the Fair Credit Billing Act?

  1. The Consumer Product Safety Commission (CPSC)
  2. The Uniform Commerce Commission (UCC)
  3. The Consumer Financial Protection Bureau (CFPB)
  4. The Interstate Commerce Commission (ICC)
Вопрос 54

Which of the following is not a fear associated with the Consumer Financial Protection Bureau’s (CFPB’s) role in the finance market?

  1. Increased government regulation is likely to reduce the availability of credit.
  2. Increased government interference will increase consumer spending.
  3. Increased government regulation can potentially damage consumers and the economy.
  4. Increased government regulation is likely to increase the cost of credit.
Вопрос 55

Which of the following is the federal administrative agency charged with protecting consumers from the risks in using products such as toys, lawn mowers, washing machines, bicycles, fireworks, pools, portable heaters, and household chemicals?

  1. The Consumer Product Safety Commission (CPSC)
  2. The Interstate Commerce Commission (ICC)
  3. The Consumer Financial Protection Bureau (CFPB)
  4. The Federal Trade Commission (FTC)
Вопрос 56

The Food and Drug Administration (FDcan monitor which of the following products?

  1. Tobacco products and medical devices only
  2. Medical devices and cosmetics only
  3. Cosmetics and tobacco products only
  4. Tobacco products, medical devices, and cosmetics
Вопрос 57

Regarding the Fair Credit Billing Act (FCBA), which of the following is not correct?

  1. It deals with closed-end credit transactions.
  2. The creditor cannot threaten the consumer’s credit rating.
  3. The cardholder can complain in writing about an erroneous bill.
  4. It provides a mechanism to deal with credit card billing errors.
Вопрос 58

The Electronic Fund Transfer Act (EFTprovides remedies for all of the following, except?

  1. Point-of-sale machines
  2. Lost or stolen debit and automated teller machine (ATM) cards
  3. Store scanning devices
  4. Problems involving automated teller machines (ATMs)
Вопрос 59

Chapter 13 of the Bankruptcy Act provides an opportunity to seek the protection of the court to arrange a debt adjustment plan for __________.

  1. general partnerships
  2. family farm businesses
  3. individual debtors
  4. limited partnerships
Вопрос 60

The Credit Card Accountability, Responsibility, and Disclosure Act of 2009 has which of the following key provisions?

  1. Lenders can issue credit cards to those under age 21 without any objections.
  2. Without the consumer’s specific agreement, banks cannot accept charges where doing so puts creditors over their limits.
  3. Interest rates may be raised in the first year the card is issued.
  4. Credit card companies can increase the annual percentage rate on all existing account balances within six (6) months of issuing the card.
Вопрос 61

Regarding international trade, the __________ doctrine applies the law of the jurisdiction that has the greatest interest in the issue’s outcome.

  1. most significant relationship
  2. substantial contacts
  3. sovereign immunity
  4. governmental interest
Вопрос 62

Which of the following is simply an extension of a foreign corporation into the host country?

  1. A branch office
  2. A foreign partnership
  3. A joint venture
  4. A franchise
Вопрос 63

Which of the following is an arrangement whereby a distributor agrees to sell only the goods of one (1) manufacturer, and that manufacturer agrees to sell only to that distributor in a certain geographic area?

  1. A limited management agreement
  2. A selective distributorship agreement
  3. An exclusive dealing agreement
  4. A restricted geographic agreement
Вопрос 64

Which of the following is a legally separate entity formed under the laws of the host country and substantially owned by the foreign parent company?

  1. A subsidiary
  2. A branch office
  3. A joint venture
  4. A distributorship
Вопрос 65

Which of the following is arguably one of the most successful international trade agreements?

  1. The Convention on Contracts for the International Sale of Goods (CISG)
  2. The Uniform Commercial Code (UC
  3. The International Commercial Code (IC
  4. The Convention on Contracts Governed by the International Commercial Code (CGIC
Вопрос 66

Which of the following distinguishes the source of a particular good or service, regardless of whether that is accomplished by a commercial name, packaging, logo, or other distinguishing feature?

  1. A patent
  2. A trademark
  3. A copyright
  4. A trade secret
Вопрос 67

Which of the following is a monopoly on a product, process, or device where the item or process claimed is an innovation that is unique, inventive, and useful?

  1. A patent
  2. A trademark
  3. A copyright
  4. A trade secret
Вопрос 68

Which of the following provides a measure of international protection against the unauthorized reproduction of books, photos, drawings, and movies?

  1. The Berne Convention
  2. The Paris Convention
  3. The Tariff Act
  4. The Clayton Act
Вопрос 69

Regarding international trade, what is an “MNE”?

  1. A multinational entity
  2. A misfeasing expatriate
  3. A magnanimous enterprise
  4. A multilateral entrepreneur
Вопрос 70

Which of the following occurs when a manufacturer sells its products in a foreign country for less than their normal value?

  1. Loss-leading
  2. Volume discounting
  3. Outsourcing
  4. Dumping
Вопрос 71

The Council on Environmental Quality (CEQ) was created by which of the following laws?

  1. The North American Agreement on Environmental Sustainability (NAAES)
  2. The Kyoto Protocol
  3. The Berne Convention
  4. The National Environmental Policy Act (NEP
Вопрос 72

The __________ amendments of 1970 and 1977 gave the Environmental Protection Agency (EP the power to set air quality standards and to ensure that those standards are achieved according to a timetable prescribed by the agency.

  1. Clean Air Act
  2. Air Pollution Control Act
  3. National Environmental Policy Act
  4. Toxic Substances Control Act
Вопрос 73

The Clean Water Act (CW was designed to accomplish all but which of the following?

  1. Achieve water quality sufficient for the protection and propagation of fish, shellfish, and wildlife.
  2. Eliminate the discharge of pollutants into navigable waters.
  3. Achieve water quality sufficient for recreation in and on the water.
  4. Recycle all waste water in an effort to eliminate water pollution.
Вопрос 74

The __________ Act is designed to ensure the safe movement and disposal of hazardous solid wastes.

  1. Hazardous Waste
  2. Toxic Substances Control
  3. Resource Conservation and Recovery
  4. Environmental Protection
Вопрос 75

The __________ is commonly known as the Superfund.

  1. Comprehensive Environmental Response, Compensation, and Liability Act (CERCL
  2. Toxic Waste Substances Act (TWS
  3. National Environmental Protection Act (NEP
  4. Resource Conservation and Recovery Act (RCR
Вопрос 76

Through __________, individuals may challenge government environmental decisions such as the granting of a permit and generally demand both governmental and private-sector compliance with the law.

  1. compliance actions
  2. equity actions
  3. citizen suits
  4. preemptive suits
Вопрос 77

As of 2011, which of the following countries was the largest emitter of greenhouse gases in the world?

  1. China
  2. Russia
  3. The United States
  4. India
Вопрос 78

Which of the following is correct regarding the Kyoto Protocol?

  1. It called for a fifty (50) percent reduction from 1990 levels of greenhouse gas emissions to be achieved by the year 2000.
  2. It became binding when it was ratified by 180 countries; this occurred when Russia ratified the protocol in late 2004.
  3. In terms of its fundamental objective, the protocol has been a complete success.
  4. It acknowledged that underdeveloped countries were principally responsible for the greenhouse gas levels at that time.
Вопрос 79

Which of the following events is reducing the world’s carbon sink capacity?

  1. The increasing global species extinction rate
  2. The receding glaciers in the Arctic region
  3. The rapidly increasing acid content in the world’s oceans
  4. The deliberate burning of forests in the Amazon and Indonesia
Вопрос 80

In an environmental law context, __________ claims have been considered where crop dusting contaminated adjacent properties, toxic chemicals were improperly disposed of, and oil contaminated a nearby water well.

  1. nominal damages
  2. liquidated damages
  3. strict liability
  4. commercial impracticability