Blaw

Which Amendments to the Constitution regulate and govern the criminal justice system of the U.S.?

4th, 5th, 6th, 8th

How many jurors have to agree in a criminal case to convict or acquit a defendant?

All jurors

Ivy and Justy want to form and do business as Kayak Adventures Corporation. A corporation can be owned by...

Artificial or natural persons.

Breakfast Foods Corporation markets waffle irons, on of which proves defective and injures Chelsea. Breakfast Food's strict liability to Chelsea for the harm caused by the defective waffle iron is based in part on the fact that...

Breakfast Foods profits from the sale of its waffle irons.

Which of the following is not likely to support an attempt to pierce the corporate veil to make the corporation the "alter ego" of its founder shareholder. A. Commingling of funds and other assets of the corporation and the founder shareholder. B. The failure to obtain authority to issue stock to subscribers or to issue stock. C. Establishing a home office that is conveniently close to the residence of the founder. D. The failure to maintain corporate minutes or adequate corporate records.

C

The main disadvantage of a corporation from the standpoint of the investor is...

Double taxation.

In a general partnership the partners owe to each other and to the partnership entity the fiduciary duties of...

Due care, Obedience and loyalty

Val, the owner of Wild Wheels, a bicycle store, trusts Xavier to manage the store's daily cash flow. One night, without Val's knowledge or consent, Xavier takes and keeps $500 from the receipts. This is most likely...

Embezzlement

A corporation cannot be held liable for the criminal acts of its employees.

False

A federal form of government is one in which sovereign power is vested entirely in a central governing authority.

False

A judge's function is to make the law.

False

A partner who pursues his or her own interests automatically violates the partner's fiduciary duties to the partnership.

False

A statement of future intent-- "I plan to sell my 700-pound pig"-- is an offer.

False

A supervisor may be included in a worker union.

False

An agreement between shareholders to restrict the transfer of a closely held corporation's stock is illegal.

False

An employer must verify a prospective worker's eligibility for employment in the united states and abroad.

False

Anything less than complete performance is a material breach of contract.

False

Constitutional law includes only the U.S. Constitution.

False

Federal Law does not prohibit discrimination on the basis of gender in assessing an employee's education, training, or experience.

False

In a sole proprietorship, the proprietor shares the burden of any losses or liabilities incurred by the business enterprise with the government.

False

One of the elements of a valid contract is a fair price.

False

Only the manufacturer of a defective product can be strictly liable for an injury or damage caused b the product.

False

Patent infringement occurs only if an invention is copied in its entirety.

False

State courts are inferior to federal courts.

False

State law regulates overtime pay.

False

The Bill of Rights limits the power of the states to govern the behavior of it citizens.

False

The law guarantees union members higher wages than nonunion workers.

False

The liability of the members of a limited liability company is limited to the amount of their investments.

False

The only defense to criminal liability that justifies the use of force is self-defense.

False

The only requirement of a valid contract is that it be voluntarily entered into.

False

Under the UCC, a firm offer for a sale or lease of goods made by a merchant can be revoked at any time before acceptance.

False

Under the UCC, a sales or lease contract will fail for inefinitedness if one or more terms are left ofter.

False

Under the doctrine of strict liability, liability is imposed strictly according to fault.

False

A corporation is a legal entity created and recognized by federal law.

False, state law.

The Civil Rights Act of 1964 does not protect against reverse discrimination.

Fasle

Fresh harvest, Inc., agrees to sell to Gina's Bed and Breakfast Inn a certain amount of locally grown produce each week but no mention is made of where the goods are to be delivered. In general, the UCC requires that the delivery take place at...

Fresh Harvest's place of business

Before a court can hear and decide a case it must have (blank) over the property and/or the persons involved in the dispute.

Jurisdiction

Sol believes that he has suffered as a trust of Tom Turkey Processing, Inc.'s hiring of illegal immigrants. Sol has direct cause of action against Tom Turkey under...

Quiz 10 # 8 (Not b)

The doctrine which holds that if the federal government passes in an area subject to federal regulation then the states cannot pass laws in the same area is called...

Quiz 2 #6

The common law principle under which judges are obligated to follow a precedent established in prior decisions is the principle of...

Quiz 2 #7

The burden of proof required for a conviction "guilty" of a defendant in a criminal trial is...

Quiz 3 #5

List which types of transactions are NOT covered by the UCC.

Quiz 5 #5

Bev is a shareholder of All Terrain Vehicle Company. As a shareholder, Bev does not have...

Quiz 8 # 12 (not c)

Nita works as an employee for Optimal Sales Corporation. To protect Nita and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on...

Quiz 9 # 8 (not A)

A bankruptcy estate consists of all the debtor's interests in property currently held wherever located.

True

A contract involving property of any kind must be in writing to be enforceable.

True

A contract is discharged when its specific subject matter is destroyed.

True

A limited liability company as an entity is not liable for the wrongful acts or omissions of its members.

True

A limited liability company must be managed by non-member professionals.

True

A limited liability partnership allows its partners to avoid personal liability for the malpractice of other partners.

True

A product liability action based on negligence does not require the plaintiff and the defendant to be privity of the contract.

True

All powers not specifically delegated the federal government are reserved to the states or the people.

True

An employer's knowledge that a person is unauthorized to work in the united states is a basis for liability even if the person is an independent contractor.

True

Any crime that requires knowledge of computer technology for its perpetration is a computer crime.

True

Courts in a few states have held that all employment contacts contain an implied covenant of good faith and fair dealing.

True

Disparate-impact discrimination occurs when a protected group of people is adversely affected by an employer's practices, even though they do not appear to be discriminatory.

True

Generally, under the the employment-at-will doctrine, an employer may fire an employee at any time for any reason or without a reason.

True

In a general partnership, all partners have equal rights in managing the partnership.

True

Issuing preferred stock to its founder is not permitted for a de jure Subchapter S corporation.

True

Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.

True

Most criminal liability depend on the performance of a prohibited act.

True

Requiring union membership as a condition of continued employment is illegal in many states.

True

The basic duty of a trustee is to collect and reduce to cash the property in the bankruptcy estate that is not exempt.

True

The courts can decide whether the other branches of government have acted within the scope of their constitutional authority.

True

The full faith and credit clause ensure that rights established under a contract in one state are honored by other states.

True

To have a standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining.

True

To pierce the corporate veil means to ignore the corporate structure, exposing the shareholders to personal liability.

True

UCC Article 2 applies to sale of goods transactions between all buyers and sellers.

True

UCC article 2A covers and transaction that creates a lease of goods.

True

Under the UCC, an agreement modifying a contract needs no consideration to be binding.

True

With an adjustable rate mortgage, the rate of interest paid by the borrower changes periodically.

True

Workers have a right to refuse to cross a picket line of fellow workers who are engaged in a lawful strike.

True

Yard Tool Company makes and leases a backhoe to Zack. Due to a defect attributable to Yard Tool's negligence, Zack is injured in an accident in which his neighbor Aron is also hurt. In a product liability suit based on negligence, Yard Tool mat be liable to...

Zack and Aron

Real Events Promotion Corporation licenses trademarks to Stadium Souvenirs, Inc., to use in selling caps sweatshirts and similar goods. This is...

a Franchise.

elements of negligence:

a duty of care, breach of duty, injury, causation

Bee Hive Honey, LLC's members include Chad. For purposes of suing and being sued, Bee Hive Honey is...

a legal entity apart from the owners.

Residence Painting Company has a claim against Stuart's property to satisfy a debt that takes priority over other claims against the same property. This is...

a lien

Commercial Storage (CS), a bailee, holds goods for Delta Distributors, Inc., which has contracted to sell them to Eagle Company. The goods are to be delivered without being moved. The risk of loss will pass to Eagle when Eagle receives...

a negotiable document of title

Detailed Designs Company, and architectural firm, wants to hire Eduardo, a noncitizen. A temporary work visa is most likely to be set aside for a non-citizen who is...

a person of extraordinary ability.

Ridgeline Bank provides Stanley with a mortgage to buy a home. The rate of the interest is fixed for three years and then adjusts annually. This is...

an adjustable-rate mortgage.

Parker, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is...

an express warranty

When Jeff's car breaks down, he asks Kwik Tow, Inc., to tow it from its location to Lou's Repair Shop. There is no discussion of a price, and Jeff and Kwik do not sign any documents. After the tow, Kwik sends Jeff a bill. With respect to Jeff's obligation to pay the bill, this is...

an implied contract

Lamont files a suit against Melvin. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is...

arbitration

Bret and Courtney from Delite Day Care, Inc. Ultimate responsibility for policy decisions necessary to the management of corporate affairs rests with Delite's...

board of directors.

Olivia applies for a job with Petro Company. Pedro does not hire Olivia because of her ethnicity or national origin. This is...

disparate-treatment discrimination.

Location Realty LLC is a limited liability company. Like other LLC's for feral jurisdiction purposes, Location Realty is most likely a citizen of...

every state in which its members are citizens.

Assembly Workers Union believes that Beveled Products Corporation has violated a federal labor law. The appropriate step is for the union to...

file an unfair labor practice complaint with the National Labor Relations Board.

Desi reaches into Edna's pocket and takes her money, without her consent and without her immediate awareness. Unlike robbery, picking pockets does not involve...

force or fear

Velma borrows $110000 from Watershed Bank to buy a home. If she fails to make payments on the mortgage the bank has the right to repossess and auction off the property securing the loan. This is...

foreclosure.

Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of...

gender.

Southwestern Foods Corporation operates a packaging plant near the border between the united states and Mexico. Due to the location, it would be easier for Southwestern to employ noncitizens. It is illegal for a US employer to...

hire persons not authorized to work in the United States, recruit persons not authorized to work in the United states, or refer for a fee persons not authorized to work in the United States.

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with felony. A felony is a crime punishable by death or imprisonment for...

more than one year

Georgia enacts a state law that violates the U.S. Constitution. This law can be enforced by...

no one

The 4 elements of a valid contract are:

parties, subject, consideration, and time for performance

elements of a valid contract:

parties, subject, consideration, time for performance

The state of New York regulates private activities to protect or promote the public order, health, safety, and general welfare under its...

police powers

Rona is Stu's administrative assistant and both work for Tri County Labor Inc. Stu tells Rona that for sexual favors, he will give her an excellent performance review and recommend a raise. This is...

quid pro quo harassment.

Kelsey promises to pay Jon, her son, $5000 if he obtains his degree at Ivy University, here he is currently in his second year. Jon graduates. Kelsey is...

required to pay, because Jon obtained a degree at Ivy

Reba is a director of Quantum Mechanic Corporation. Reba's rights, as a director, do not include a right to...

self-dealing.

Earth Movers, Inc., uses dynamite to prepare land for highway projects. Strict liability is imposed on this activity because...

the activity is of a dangerous nature.

The main advantage of a corporation from the standpoint of the investor is...

the corporate shield.

Ginger wants to file a suit against Fred. For a court to hear the case...

the court must have jurisdiction

Under the U.S Constitution...

the national government and the states share sovereign power.

Canada giving effect to the laws and court decisions of the United States is an application of...

the principle of comity

Over the course of a year, Retail Market, Inc. sells goods from its inventory and one of its warehouses. In exchange received checks and other items that substitute for cash, which Retail uses to repay a loan from Savers Bank, Article 2 of the UCC governs...

the sale of the goods

Jody owns KuppaJava Kiosks, a sole proprietorship. Jody's liability is

unlimited.