LAW 531 Week 5 Quiz

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LAW 531 Week 5 Quiz

Which of the following powers do administrative agencies typically have?

 Statute interpretation, law enforcement, and mediation
Law enforcement, statute interpretation, and dispute resolution
Dispute adjudication, mediation, and rulemaking
Rulemaking, statute interpretation, and dispute adjudication

2.)    Which of the following is true of the Federal Trade Commission?

 It is a federal agency created by Congress
It is a branch of the U.S. Supreme Court
It is a temporary commission created by executive order that has become permanent
It is a corporation subsidized by the federal government

3.)    If a corporate officer or director acts in a manner to make use of an advantage that he or she knows will only benefit himself or herself and deprives the corporation of that advantage, what breach of fiduciary duty has been committed?

 Duty of care by violation of the business judgment rule
Duty of loyalty by self-dealing
Duty of obedience by competing with the corporation
Duty of loyalty by usurping a corporate opportunity

4.)    If a corporate officer in the position of secretary intentionally takes over the powers provided to the treasurer in the corporate documents, what fiduciary duty does that corporate secretary breach?

 Duty of care
Duty of good faith and fair dealing
Duty of obedience
Duty of loyalty

5.)    Under what system of corporate voting by shareholders can a minority shareholder achieve success in electing someone to the board of directors?

 Straight voting
Cumulative voting
Absentee voting
Proxy voting

6.)    In 1970, Congress established an administrative agency to enforce statutes enacted to protect the air and water of this country. What is the name of this agency?

 Environmental Protection Agency
Army Corps of Engineers Agency
National Ambient Air Quality Standards Agency
Air Quality Control Agency

7.)    In order to protect wildlife that may be subject to scarcity, which Executive Branch cabinet member designates which species of wildlife may be endangered or threatened?

 Secretary of the Interior
Secretary of Health and Human Services
Secretary of Commerce
Secretary of Homeland Security

8.)    Tuff-Steele Constructions, Inc. has not been adhering to appropriate worker safety rules. As a result, there have been an increased number of on-site accidents and several construction workers have sustained serious injuries. Which of the following powers will allow an administrative agency to bring agency proceedings against Tuff-Steele Constructions?

 Licensing
Judicial authority
Rulemaking
Executive power

9.)    Unless otherwise stated in the articles of incorporation, a quorum to hold a meeting of the shareholders is generally defined as which of the following?

 The number of registered shareholders eligible to vote at a given time
A committee of directors selected to vote on a corporation action
A majority of shareholders required to be present to vote on a corporate action
The number of shareholder votes necessary to pass an action

10.)     The Sarbanes-Oxley Act is intended to increase the confidence of the public and investors through increasing which of the following?

 Corporate veil
Separation of powers
Director complacency
Corporate governance

11.)     Which of the following is likely to be a breach of a corporate officer’s or director’s duty of care?

Failing to anticipate a drop in the consumer demand of the company’s product

Failing to react appropriately to a severe rise in the prime interest rate

Failing to predict a raw materials shortage resulting from a natural disaster

Failing to predict the startup of a new competitor

12.)     In order to prevent and clear hazardous wastes that increase mortality or serious illness, the federal government established a specific method to finance the cleaning of polluted areas by enacting what statute?

The Comprehensive Environmental Response, Compensation, and Liability Act

The Superfree Act

The Toxic Substances and Control Act

The Insecticide, Fungicide, and Rodenticide Act

13.)     The Sarbanes-Oxley Act prohibits publicly traded companies from making personal loans to whom?

Its executive officers or directors

Its majority shareholders

Its certified public accountants

Its legal counsel

14.)    Officers of a corporation typically can have which types of agency authority to bind the corporation?

Express, applied, and apparent

Express, implied, and apparent

Express, transparent, and applied

Express, transparent, and implied

15.)    According to the provisions set forth by the Sarbanes-Oxley Act, which federal government agency may issue an order prohibiting any person who has committed securities fraud from acting as an officer or a director of a public company?

United States International Trade Commission

Federal Reserve System

Federal Communications Commission

Securities and Exchange Commission

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