FREE Bar Exam MBE (Business Associations) Questions and Answers

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What is the primary purpose of the Sherman Antitrust Act?

Correct! Wrong!

The Sherman Antitrust Act aims to promote fair competition and prevent anticompetitive practices, such as monopolies and price-fixing, that can harm consumers and limit market competition.

Under which legal principle can a court disregard the separate legal entity status of a corporation and hold its shareholders personally liable for the corporation's actions?

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Piercing the corporate veil is a legal doctrine that allows a court to hold shareholders personally liable for the debts and actions of a corporation if they have abused the corporation's separate legal identity to commit fraud or injustice.

Which federal law requires companies to provide clear and accurate information about the risks and benefits of securities they offer to the public?

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The Securities Act of 1933 mandates the disclosure of relevant information to potential investors and establishes regulations for the sale of securities in the United States.

In a contract, what is the legal term for the party who receives a promise or consideration from the other party?

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The offeree is the party to whom an offer is made, and who has the option to accept or reject the offer.

What is the primary purpose of a non-compete agreement in an employment contract?

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A non-compete agreement restricts employees from working for competitors or starting their own competing businesses for a certain period after leaving their current employer.

Which federal agency is responsible for enforcing laws related to unfair and deceptive business practices, such as false advertising and consumer protection?

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The FTC is responsible for regulating and enforcing laws related to consumer protection and preventing unfair and deceptive business practices.

Which type of intellectual property protection covers original creative works like literature, music, and artwork?

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Copyright protects original artistic and creative expressions, granting creators exclusive rights to reproduce, distribute, and display their works.

What legal doctrine allows a party to terminate a contract due to a significant and unforeseen event that makes performance impossible or commercially impracticable?

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Force majeure refers to unforeseen circumstances, such as natural disasters or wars, that prevent a party from fulfilling contractual obligations.

Under which legal doctrine can an employer be held liable for the wrongful actions of its employees that were committed within the scope of their employment?

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Vicarious liability, also known as respondeat superior, holds employers responsible for the actions of their employees when those actions occur within the scope of their employment.

Which federal agency enforces laws related to workplace safety and health?

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OSHA is responsible for ensuring safe and healthy working conditions by enforcing regulations related to workplace safety and health.

Which federal law protects employees' rights to form, join, and participate in labor unions and engage in collective bargaining?

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The NLRA safeguards employees' rights to unionize and engage in collective bargaining with their employers.

Which federal law provides protection against discrimination based on race, color, religion, sex, or national origin in various aspects of employment?

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The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin and is a landmark legislation in the fight for civil rights.

What type of business ownership involves a single individual who owns and operates the business, assuming all responsibilities and liabilities?

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A sole proprietorship is an unincorporated business owned and operated by a single individual.

Which of the following entities is typically characterized by limited liability for its owners, who are called shareholders?

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A corporation is a distinct legal entity that provides limited liability protection to its shareholders. This means that shareholders' personal assets are generally not at risk for the corporation's debts and liabilities.

Which business entity offers both limited liability for its members and the pass-through taxation characteristic of partnerships?

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An LLC combines the limited liability protection of a corporation with the flexibility and pass-through taxation benefits of a partnership.

Which ethical theory focuses on the consequences of actions and promotes the greatest overall happiness or utility for the majority?

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Utilitarianism emphasizes the importance of achieving the greatest good for the greatest number of people by assessing the consequences of actions.

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