2024 – Question 1 Labor Recruiters Inc has been ordered to appear at a hearing before an administrative law judge

Question 1
Labor Recruiters, Inc., has been ordered to appear at a hearing before an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that
a. attorneys are not allowed to attend administrative hearings. 
b. clients are not allowed to communicate with their attorneys during administrative hearings. 
c. hearsay can be introduced as evidence in an administrative hearing. 
d. the burden of proof is on the charged party to prove innocence. 

Question 2
National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by
a. Congress, through enabling legislation. 
b. the Federal Trade Commission, through the rulemaking process. 
c. the president, through an executive order. 
d. the U.S. Department of Labor, through a final order. 

Question 3
Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by
a. a federal appellate court judge. 
b. a federal district court judge. 
c. an administrative law judge. 
d. a U.S. Marshal. 

Question 1
Edgy Engine Components, Inc., a maker of vehicle parts, refuses to sell to Fidgety Fix-It, Inc., a national vehicle service firm. Edgy Engine convinces Greasy Motor Parts Company, a competitor, to do the same. This is
a. a group boycott. 
b. a market division. 
c. a joint venture. 
d. an exclusive-dealing contract. 

Question 2
Enterprising Business Corporation may be engaging in conduct that violates the Sherman Act. To bring an action against the firm under this statute requires that its conduct substantially affect
a. any commerce. 
b. international commerce. 
c. interstate commerce. 
d. intrastate commerce. 

Question 3
Fairway Products, Inc., and Golly Golf Clubs Corporation lobby Congress to pass a law banning a competitors product. This joint effort is probably
a. a violation of antitrust statutes. 
b. exempt from antitrust enforcement. 
c. not subject to antitrust law. 
d. subject only to antitrust common law. 

Question 1
Fresh Vegetables, Inc., a wholesaler, refuses to sell its produce to Good Mart Stores, Inc., a retailer. This is
a. “an unfair or deceptive act or practice.” 
b. a per se violation. 
c. not a violation. 
d. subject to analysis under the rule of reason. 

Question 2
Global Services Corporation engages in trade practices that may violate antitrust law. The Federal Trade Commission has the power to act against unfair trade practices under
a. the Clayton Act. 
b. the Federal Trade Commission Act. 
c. the Sherman Act. 
d. no law. 

Question 3
Gourmet Foods, Inc., requires all distributors of its products to sell them at a specified minimum price. Under the Sherman Act, this is a violation
a. if the anticompetitive effects outweigh the competitive benefits. 
b. if the competitive benefits outweigh the anticompetitive effects. 
c. under any circumstances. 
d. under no circumstances. 

Question 1
Gulf Air, Inc., is the major wholesale distributor of software in the state of Florida. Its closest competitor is Fluid Systems Company, another Florida firm. The two firms agree that Gulf Air will operate in south Florida and Fluid Systems will operate in north Florida. This is
a. a group boycott. 
b. a market division. 
c. a joint venture. 
d. an exclusive-dealing contract.

Question 2
Fairway Products, Inc., and Golly Golf Clubs Corporation lobby Congress to pass a law banning a competitors product. This joint effort is probably
a. a violation of antitrust statutes. 
b. exempt from antitrust enforcement. 
c. not subject to antitrust law. 
d. subject only to antitrust common law. 

Question 3
National Ladder Company is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by
a. Congress, through enabling legislation. 
b. the Federal Trade Commission, through the rulemaking process. 
c. the president, through an executive order. 
d. the U.S. Department of Labor, through a final order. 

Question 1
According to the terms of Carmens will, specific gifts are made, and taxes and other estate expenses and debts are paid. The assets of Carmens estate that remain are most likely to be distributed
a. by codicil. 
b. holographically. 
c. per capita. 
d. through a residuary clause. 

Question 2
Adam has two children, Bob (the eldest) and Carol, both of whom predecease Adam. Bob is survived by a daughter, Dina, and Carol by two sons, Ed and Fred. On Adams death, if the estate is distributed per stirpes
a. Dina will receive the entire estate. 
b. Dina will receive one-half of the estate, and Ed and Fred will each receive one-fourth. 
c. each grandchild will receive one-third of the estate. 
d. the grandchildren will not receive anything. 

 

Question 3
Amy dies without a will. A court appoints Bill to handle the probate of Amys estate. The administrator is
a. Amy. 
b. Amys eldest heir. 
c. Bill. 
d. the clerk of the court.