CXXXIX sufixos e prefixos CXXXIX

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D) A federal agency conducts a study on environmental conditions without proposing any 
actions. 
E) A federal agency collaborates with state agencies on a project that has minimal 
environmental implications. 
Correct option: B) 
Explanation: NEPA requires an Environmental Impact Statement for major federal actions 
that significantly affect the environment, ensuring that potential impacts are thoroughly 
evaluated. 
 
16) In the context of corporate law, particularly regarding fiduciary duties, which of the 
following statements best describes the obligations of corporate directors to act in the 
best interests of the corporation and its shareholders, especially when faced with 
potential conflicts of interest? 
A) Directors are required to prioritize their personal interests over those of the corporation 
when making decisions. 
B) Directors must disclose any potential conflicts of interest and recuse themselves from 
decisions where their interests may conflict. 
C) Directors are allowed to engage in self-dealing as long as it is disclosed to 
shareholders. 
D) Directors have no obligation to consider the long-term effects of their decisions on the 
corporation's sustainability. 
E) Directors can act in their own interests as long as they believe it will ultimately benefit 
the corporation. 
Correct option: B) 
Explanation: Corporate directors have a fiduciary duty to act in the best interests of the 
corporation and its shareholders, which includes disclosing conflicts of interest and 
recusing themselves from related decisions. 
 
17) In the context of criminal law, particularly regarding the concept of double jeopardy, 
which of the following scenarios would most likely constitute a violation of the Fifth 
Amendment protection against being tried for the same offense twice, especially when 
considering the nuances of separate sovereigns? 
A) A defendant is acquitted of a state charge and subsequently tried for the same conduct 
under federal law. 
B) A defendant is convicted of a crime and later seeks to appeal the conviction based on 
new evidence. 
C) A defendant is tried for a misdemeanor and later charged with a felony for the same 
underlying conduct. 
D) A defendant is retried after a hung jury results in a mistrial. 
E) A defendant is charged with a different crime arising from the same incident but 
involving different legal elements. 
Correct option: A) 
Explanation: The double jeopardy clause protects against being tried for the same offense 
by the same sovereign, but separate sovereigns (state and federal) can prosecute for the 
same conduct without violating this protection. 
 
18) In the context of contract law, particularly regarding the doctrine of unconscionability, 
which of the following factors would most likely lead a court to find a contract or a specific 
clause within a contract to be unenforceable, especially when evaluating the fairness of 
the agreement? 
A) The contract was negotiated between two parties of equal bargaining power. 
B) The terms of the contract are excessively one-sided in favor of one party. 
C) The contract was signed under duress or coercion. 
D) The party challenging the contract had the opportunity to seek legal advice before 
signing. 
E) All of the above factors can contribute to a finding of unconscionability. 
Correct option: B) 
Explanation: A contract may be deemed unconscionable if its terms are excessively one-
sided, indicating a lack of meaningful choice for one party, which can render the 
agreement unenforceable. 
 
19) In the context of tort law, particularly regarding strict liability, which of the following 
scenarios would most likely result in liability for a defendant, especially when considering 
the nature of the activity involved and the risks it poses to others? 
A) A defendant operates a business that involves the use of hazardous materials and an 
accident occurs. 
B) A defendant's pet dog bites a neighbor, resulting in injury. 
C) A defendant causes a car accident while driving under the influence of alcohol. 
D) A defendant sells a product that is later found to be defective and causes harm to 
consumers. 
E) A defendant engages in a recreational activity that results in injury to another person. 
Correct option: D) 
Explanation: Strict liability applies in cases involving defective products, where the 
manufacturer or seller can be held liable for harm caused by the product regardless of 
fault or negligence. 
 
20) In the context of family law, particularly regarding spousal support or alimony, which of 
the following factors is most commonly considered by courts when determining the 
amount and duration of support, especially in cases of divorce? 
A) The length of the marriage and the standard of living established during the marriage. 
B) The financial resources and earning capacity of both spouses. 
C) The contributions of each spouse to the marriage, including non-economic 
contributions. 
D) The age and health of both spouses and their ability to support themselves. 
E) All of the above factors are relevant in determining spousal support. 
Correct option: E) 
Explanation: Courts consider multiple factors, including the length of the marriage, 
financial resources, contributions, and the health of both spouses, to determine 
appropriate spousal support. 
 
21) In the context of criminal law, particularly regarding the concept of conspiracy, which 
of the following elements must be established for a successful prosecution of conspiracy, 
especially when evaluating the agreement between parties to commit a crime? 
A) The existence of an overt act in furtherance of the conspiracy by one of the co-
conspirators. 
B) The intent of all parties to achieve the same unlawful objective. 
C) The agreement must be formalized in writing to be enforceable. 
D) All parties must have taken substantial steps toward completing the crime. 
E) The conspiracy must involve at least three individuals to be prosecuted. 
Correct option: A) 
Explanation: For a conspiracy charge, it is necessary to prove that at least one overt act 
was taken in furtherance of the conspiracy, along with the agreement and intent to commit 
the crime. 
 
22) In the context of property law, particularly regarding easements, which of the following 
statements best describes the characteristics of an easement appurtenant, especially in 
relation to the dominant and servient tenements? 
A) An easement appurtenant benefits a specific individual rather than a parcel of land.