Administrative agencies are created

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Reference no: EM133297684

Question 1.

Administrative agencies are created by:

case law

executive order

enabling legislation, which specifies the name, purposes, functions, and powers of the agency.

none of the above

Question 2.

In reviewing the actions of the US Office of Nuclear Energy and other administrative agencies, the courts

are usually reluctant to review questions of fact

rarely defer to the technical expertise of administrative agencies

often rule on the merits of policy determinations

all of the above choices

Question 3.

Executive control over the Federal Communications Commission, and other administrative agencies, may be exercised through presidential veto of

the agency's final rules

Congressional modifications by statute of the agency's authority

the agency's final orders

none of the above choices.

Question 4.

North Mining Company and South Excavation Company agree to abide by the decisions of East Coast Financial Corporation as to their respective levels of production, markets and prices, effectively reducing competition and increasing profits. This is most likely

a common, legal, time-honored type of business arrangement

an illegal restraint of trade

an innovative, legally efficient approach to doing business

an outdated, but legal business trust

Question 5.

Cardio, Inc., makes and sells Drawdown, the most prescribed name-brand heart medication. Emitate Corporation has the potential to make a generic version of the same drug. A court would most likely rule that an agreement between Cardio and Emitate is

a deal that neither restrains trade ro harms competition

a legal restraint of trade

a violation of the Sherman Act

subject to analysis under the rule of reason

Question 6.

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

if the anticompetitive effects outweight the competitive benefits

if the competitive benefits outweight the anticompetitive effects

under any circumstances

under no circumstances

Question 7.

Seaside Cannery, Inc., is one of the many producers of canned seafood. Seaside refuses to sell its products to Port Harbor Restaurant Corporation. This refusal is most likely:

an anticompetitive practice in violation of the Clayton Act.

a per se violation of the Sherman Act

a violation of the Sherman Act under the rule of reason

not a violation of antitrust law

Question 8.

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 group boycott.

a market division.

a joint venture.

an exclusive-dealing contract.

Question 9.

Bytes Business Corporation, a US firm, and Comida Comercial, SA, a Mexican firm, are parties to a contract that specifies the applicable law as that of "California." This is

a choice-of-forum clause

a choice-of-law clause

a force majeure clause

an arbitration clause

Question 10.

A choice in a contract between Timber Corporation, a US business, and Wang, Ltd., a Japanese business, specifies that disputes over contracts will be adjudicated in the United States. This is

a choice-of-law clause

a choice-of-forum clause

a force majeure clause

an arbitration clause.

Reference no: EM133297684

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