Business Law John Ritchie Exam 4
a. True
"Mens rea" means a guilty state of mind a. True b. False
a. An executed, unilateral, express contract
A baseball players and the San Francisco Giants sign an agreement under which the player agrees to play for the team for three years starting at the beginning of the 2014 season. Assuming all the requirements for legal enforceability were met, at this point, their agreement is: a. An executed, unilateral, express contract b. An executory, bilateral, implied-in-law contract c. An executory, unilateral, express contract d. An executory, bilateral, express contract e. None of the above
D. EXECUTORY CONTRACT
A binding agreement under which one or more of the parties has not yet performed all of its obligations. a. Unilateral contract b. Bilateral contract c. Voidable contract d. Executory contract e. At will contract
b. STATE CONSTITUTION
A charter document that establishes the form of government for a state and forms the basis of state laws applicable within the jurisdiction of the courts of that state. a. Social contract b. State Constitution c. Declaration of Independence d. Treaty e. Manifesto
b. Embezzlement
A client lawfully entrusted his money to a stockbroker to buy 100 shares of Google stock. Instead of placing the order, the broker used the client's money to buy himself a new BMW. This is an example of: a. Money laundering b. Embezzlement c. Fraud d. Larceny e. Blue collar crime
c. VOIDABLE CONTRACT
A contract that may be terminated by one of the parties as a result of a defect (such as a lack of capacity by one of the parties) in its formation. a. Unilateral contract b. Bilateral contract c. Voidable contract d. Executory contract e. Implied contract
a. True
A court engaging in judicial activism is more likely to impose its own values on the terms of agreement between the parties than a court exercising judicial restraint. a. True b. False
a. True
A criminal defense lawyer is a deeply religious man who believes killing a human being is immoral. He is appointed to defend a person who is accused of murder. Regardless of his personal feelings, he is required to defend the accused to the best of his ability, even though he believes his efforts may result in a murderer being set free. To do otherwise would be unethical. a. True b. False
b. This is possible because criminal conviction requires proof beyond a reasonable doubt whereas the burden of proof in a civil case is a preponderance of the evidence.
A fire breaks out in Arnie's house, destroying the building and causing $150,000 damage to the building next door. The state charges Arnie with arson. At the same time, Vickie, the owner of the building next door, sues Arnie for the damage to her building. Both cases are tried before juries. Both juries hear identical evidence of Arnie's actions. The criminal jury acquits Arnie, but the civil jury awards Vickie $150,00 in damages. a. This is impossible b. This is possible because criminal conviction requires proof beyond a reasonable doubt whereas the burden of proof in a civil case is a preponderance of the evidence.
c. PROMISSORY ESTOPPEL
A legal principle under which a promise may be enforced even if it did not represent a valid contract if a promisee has reasonably relied on the promise and will suffer a loss if the promise is broken. It prevents ("estops") the promisor from arguing that his or her promise should not be enforced. a. Res Judicata b. Mens Rea c. Promissory Estoppel d. Stare Decisis e. Due process
c. EXCLUSIONARY RULE
A legal rule based on the Fourth Amendment to the United States Constitution that bars unlawfully obtained evidence from being used in a criminal prosecution. a. Prior restraint b. Stare Decisis c. Exclusionary rule d. Exculpatory clause e. Statute of Frauds
e. DUE PROCESS
A provision of the 5th Amendment to the United States Constitution establishing the requirement that before depriving anyone of life, liberty or property, the government must go through procedures that ensure that the deprivation is lawful and fair. a. Forfeiture b. Commerce clause c. Exclusionary rule d. Full faith and credit e. Due Process
d. FELONY
A serious crime for which a defendant can be sentenced to one year or more in prison. a. Larceny b. Misdemeanor c. Tort d. Felony e. Misappropriation
c. Federalism
A system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units, such as states. a. Capitalism b. Socialism c. Federalism d. Communism e. Parliament
d. WARRANT
A written order issued by a judicial official authorizing an officer to perform a specified act (such as a search and seizure) required for the administration of justice. a. Plea bargain b. Opening statement c. Summation d. Warrant e. Objection
e. PERSONAL ACCOUNTABILITY
Acceptance of responsibility for the consequences of one's own actions. Exemplified by the saying: "The buck stops here." a. Respondeat superior b. The truman conundrum c. Social responsibility d. Personal liability e. Personal accountability
b. ETHICAL BEHAVIOR
Acting in accordance with commonly accepted or prescribed rules or standards of conduct or practice, such as the standards of a profession. a. Bystander rule b. Ethical behavior c. What would my mother say? e. Golden Rule e. Common Law duty of care
e. IMPLIED CONTRACT
An agreement that may be enforced even though its terms are not fully stated when the parties, by their words and conduct, indicate that they intended to enter into a contract. a. Unilateral contract b. Bilateral contract c. Voidable contract e. Executory contract e. Implied contract
a. SOCIAL RESPONSIBILITY
An ethical theory that members of society have an obligation to act for the benefit of society at large. This responsibility can be passive, by refusing to engage in socially harmful acts; or active, by acting in ways that directly advance social goals a. Social responsibility b. The social contract c. Socialism d. Quantum theory e. It takes a village
a. True
As a matter of business ethics, unequal outcomes are acceptable as long as they are the result of a fair process. a. True b. False
a. True
Criminal defendants have the right to a lawyer at all important stages of the criminal process. a. True b. False
a. True
Entrapment can be a defense to a criminal act. a. True b. False
c. How people should act
Ethics is the study of: a. Sovereign immunity b. Moral values c. How people should act d. Respondeat superior e. Victimization
a. True
Generally the reason parties enter into contracts is to make the outcome of their business dealings more predictable a. True b. False
b. False
If an agent of a company commits a criminal act within the scope of his or her employment and with the intent to benefit the company, the company is liable. a. True b. False
b. Administrative law
In 1933 Congress enacted legislation to regulate the securities industry and prohibit fraud involving securities. In 1934 it passed a law creating the SEC (Securities and Exchange Commission) as an independent regulatory agency whose function is to administer the federal securities laws. The SEC has generated rules and regulations to administer these laws. These rules and regulations are: a. Statutes b. Administrative Law c. Executive orders d. Common law e. Treaties
a. True
In a case (such as Kuehn v Pub Zone), the first name is generally (but not always) the name of the plaintiff in the case. a. True b. False
b. PROBABLE CAUSE
In a search and seizure case, it means that the information available indicates that it is more likely than not that a search of a specified place will uncover particular evidence that a crime has been, is being, or will be committed. a. Warrant b. Probable Cause c. Forfeiture d. Due process e. Writ
e. By doing something
In a unilateral contract, one party makes a promise that the other party can accept only: a. By doing nothing b. In exchange for a promise in return c. By yelling "I agree" d. By mailing an acceptance to the party who made the promise e. By doing something
b. False
In order for the government to obtain a criminal conviction, it must prove its case by a preponderance of the evidence. a. True b. False
a. True
In some cases it may be ethic to commit an illegal act a. True b. False
c. The Exclusionary rule
In the case of Katz v United States, Katz' conviction for violating a federal statute by sending wagering information across state lines by telephone was overturned by the Supreme Court because the FBI did not get a search warrant before using electronic eavesdropping to gather evidence that was used to convict him. In doing so, the court applied which of the following: a. The Miranda rule b. The entrapment doctrine c. The exclusionary rule d. Probable cause e. The rational basis test
b. Kathy's conduct is unethical, but it is legal
Kathy is walking by a lake when she hears Johnny screaming for help. He has swum out too far and cannot swim back to shore. Kathy is an excellent swimmer, but she is wearing expensive clothes, shoes, jewelry, and lingerie, so she refuses to go in the water. There is no one else around. Johnny drowns. Which of the following statements is correct? a. Ethical rules do not apply to bystanders b. Kathy's conduct is unethical, but it is legal c. Kathy's conduct is ethical, but it is illegal d. Kathy's conduct is neither unethical nor illegal e. Kathy's conduct is both unethical and illegal
c. A theory of jurisprudence insisting that the law is what the sovereign says it is
Legal positivism is: a. A decision by an appeals court affirming a trial court decision b. A decision by an appeals court reversing a trial court decision c. A theory of jurisprudence insisting that the law is what the sovereign says it is. d. A theory of law requiring that cases be decided by a majority vote of the judges.
d. The falling blimp is so bizarre that she could never have foreseen it
Marvin asks Sheila, a qualified auto mechanic, to fix the engine of his car, which keeps stalling while he is driving. After working on the car, Sheila says it is fixed. As Marvin is driving home, the car stalls again. Obviously, Sheila has not fixed the problem. Marvin gets out of the car to go for help. Just then a blimp that was flying overhead falls to earth and explodes near Marvin, injuring him. Marvin sues Sheila seeking compensation for his injuries. Sheila's best defense is: a. Marvin should have carried a cell phone in case of emergencies b. She made reasonable efforts to fix the engine c. Marvin should have checked the engine himself d. The falling blimp is so bizarre that she could never have foreseen it e. She is a qualified mechanic and her work is presumptively sufficient
d. A decision by a company CEO to dump toxic waste into a river so as to save the cost of having to dispose of it according to EPA regulations.
Often the most difficult ethic decisions arise not in cases of right versus wrong, but in situations where either course of action would be right. Which of the following examples does NOT illustrate this proposition. a. President Truman's decision to use atomic weapons to accelerate Japan's surrender to end WW II b. A decision by a surgeon to abort a fetus to save the life of the mother c. A decision by the driver of a bus not to swerve to avoid hitting someone in roadway so as not to risk injuring the passengers on the bus d. A decision by a company CEO to dump toxic waste into a river so as to save the cost of having to dispose of it according to EPA regulations. e. During a financial crisis a company lays off employees to save costs, but carefully selects those to be laid off so as not to have a disparate impact under the law
e. The person to be search is not under arrest; refuses to talk to the police; and walks away
One of the following is NOT an exception to the Fourth Amendment requirement of a warrant in order for the police to conduct a legal search. Which is it? a. The evidence is not concealed (i.e. it is in plain view) b. There is good reason to believe that the person to be searched may be armed (stop and frisk) c. The person to be searched is under arrest (e.e. the search is incident to an arrest) d. The person to be searched (or a lawful occupant of the place to be searched) consents to the search e. The person to be search is not under arrest; refuses to talk to the police; and walks away
c. WHAT WOULD MY MOTHER SAY?
One of the three questions Ritchie says can be asked to determine whether an act or proposed course of action is ethical a. Will I get caught? b. Why me? c. What would my mother say? d. Wassup? e. Where's Waldo?
e. Do I accept responsibility for the consequences?
Richie says there are 3 questions we can ask ourselves to help us decide whether a proposed action is ethical. One is whether it violates the Golden Rule. Another is whether our mother would approve. What is the 3rd question? a. Will I get caught? b. How much will it cost? c. Does it violate the Constitution? d. What would President Truman do? e. Do I accept responsibility for the consequences?
c. If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him.
Roger (a customer) assaulted Jim (another customer) in a tavern, causing medical expenses and lost wages. a. The bartender is protected by the innocent bystander rule b. If Roger convicted of criminal assault, Jim is not allowed to sue him for money damages since that would violate the double jeopardy clause of the Constitution c. If Jim refuses to press charges against Roger, the state cannot initiate a criminal proceeding against him d. Jim can elect to sue for money damages or proceed with criminal charges e. Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages
b. False
Substantive law describes the processes for settling legal disputes. Procedural law defines the rights of people. a. True b. False
b. BURDEN OF PROOF
The allocation of which party must prove its case. In a civil trial the plaintiff must persuade the judge or the jury that all elements of the case defendant are satisfied by a preponderance of the evidence. In a criminal prosecution, the government must prove the defendant's guilt beyond a reasonable doubt. a. Separation of powers b. Burden of proof c. Majority vote d. Checks and balances e. Judicial review
d. CRIMINAL LAW
The body of law that defines conduct that is prohibited by society because it is held to threaten, harm or endanger the safety and welfare of people, and sets out the punishment to be imposed on people violate these laws. a. Social contract b. Tort law c. Civil law d. Criminal law e. Agency law
CIVIL LAW
The body of laws of a state or nation dealing with the rights of private citizens. a. Criminal law b. Tort law c. Social contract d. Contract law e. Civil law
d. PREPONDERANCE OF THE EVIDENCE
The level of proof that a plaintiff must meet to prevail in a civil lawsuit. In order to prevail in a civil lawsuit, the plaintiff must provide sufficient evidence to be more persuasive than the defendant's evidence. a. Rational basis test b. Beyond a reasonable doubt c. Majority vote d. Preponderance of the evidence e. Strict scrutiny
a. True
The parties to a criminal trial are the government and the defendant. a. True b. False
d. GOLDEN RULE
Treat others the way you want to be treated. a. Bystander b. Ethical behavior c. What would my mother say? d. Golden Rule e. Common law duty of care
a. True
Treaties and executive orders are not proper sources of law because they are not Acts of Congress a. True b. False
d. The United Nations Charter
Which of the following is NOT a source of law in the United States: a. The United States Constitution b. Statutes enacted by a state legislature c. Rules and regulations adopted by administrative agencies d. The United States Charter e. Cases decided at trial
e. All of the above
Which of the following statements are true concerning language in the Bill of Rights that protects the rights of defendants accused of criminal violations? a. The Fourth Amendment prohibits the government from making illegal searches and seizures b. The Fifth Amendment requires due process in all criminal prosecutions and prohibits double jeopardy and self-incrimination c. The Sixth Amendment guarantees criminal defendants the right to a lawyer d. The Eight Amendment prohibits excessive fines and cruel and unusual punishment. e. All of the above
(b) You did not consent to the search; no other exceptions under the Fourth Amendment are applicable; you had a reasonable expectation of privacy; so the cop needed a warrant to search your bag.
You are walking along Stephens Creek Boulevard with your backpack on your back. The bag is closed, but the end of a glass tube is just barely visible through a tiny opening. It is a bong. A Cupertino police officer notices it and asks what it is. You say it is a test tube or a pipette for Chemistry lab. He asks you to open your bag so he can look inside. You say you are going to Chemistry lab and you don't want to be late. He opens the bag anyway and discovers the bong. You are arrested for possession of drug paraphernalia. This is the first time you have ever been arrested. Your arrest makes headlines in La Voz because it is the first drug arrest around campus in over a year. In order to fight the charge against you, which is the best argument in your favor? (a) The cop never took Chemistry and has no idea what a "pipette" is. (b) You did not consent to the search; no other exceptions under the Fourth Amendment are applicable; you had a reasonable expectation of privacy; so the cop needed a warrant to search your bag. (c) The cop had no reason to suspect that you were engaged in criminal activity. (d) Campus police have the right to search bags for weapons, but you were not on campus. (e) The bong was not in plain view.