Law for Business 2301
a. True
An employee who picks up inventory tools from his office with the intent to deprive the owners of the property is an example of larceny.
a. the contract is enforceable against the adult but not against the minor
An enforceable contract is made by an adult with a minor. Which of the following is most likely to hold true in this case?
d. a contract in which the terms have not been fully carried out by all parties.
An executory contract is defined as:
a. True
Any state supreme court of the U.S. can reverse a decision of a lower-court.
a. True
Appellate courts conduct courts of appeals and supreme courts.
b. False
Appellate courts conduct the original trial of cases.
b. False
Felonies refer to crimes that are usually punishable by just a fine.
c. rogue program
Set of software instructions that produce abnormal computer behavior.
b. pirated software
Software copied illegally.
b. False
Statutes are easier to amend than constitutions.
a. True
The UCC makes no distinction between contracts under seal and other written contracts for the sale of goods.
a. Bill of Rights
The _____ consists of ten amendments to the U.S. Constitution specifically designed to protect the civil rights and liberties of citizens and the states.
a. True
The act in which an official record of the proceeding is kept is called a court of record.
c. Jurisdicition
The authority of a court to hear a case is called:
a. True
The chief function of the court is to interpret and apply laws from any source to a given situation.
c. a decision taken by a court determines the fate of similar cases in other courts in the future.
The doctrine of stare decisis states that:
d. breach of contact
The failure of a party to perform the obligations assumed under a contract is known as a(n):
b. Appointed
The heads of federal administrative agencies are:
a. defendant
The individual against who a case is filed is called the:
b. False
To establish the offense of criminal copyright infringement, a prosecutor needs to prove that the infringement was done for non-financial gain.
b. False
To recover damages for an intentional tort, the plaintiff is required to prove that there was a breach of duty by the fotfeasor to the plaintiff.
d. the breach of the torfeasor's duty to the injured party.
To recover for a tort based on negligence, the plaintiff must show:
a. executed
Joan sells and delivers a dress to Dress Shop for $200. Dress Shop pays the price at the tie of the sale. This is an _____ contract.
d. Felony
Kenneth was sentenced to six years in prison for forger. In this case Kenneth has committed a(n):
b. Criminal Law
Law which deals with offense against society.
a. contract
Legally enforceable agreement.
b. strict liability
Manufacturer of product liable without proof of negligence for dangerous products.
b. voidable
May be set aside by one party.
b. bilateral
Most contracts are: _________
a. void
No legal effect.
c. Embezzlement
On investigation, it was found that Ken, the bookkeeper at CL corp, had stolen money from the company's account and recorded financial transactions inaccurately to cover up for his activities. For which of the following business crimes can Ken be prosecuted?
b. False
Only one party need to give an agreement in order for a contract to be enforceable.
b. False
Payments made to speed up the performance of routine governmental actions are treated as bribes by the FCPA.
c. Lawyers
Persons educated in the law are called:
d. Ethics
Principle that determines the morality of conduct.
b. False
Probate courts handle divorce and child custody cases.
a. True
RICO included civil sanctions as well as criminal ones.
a. True
RICO provides for the recovery of three times the damages suffered by an injured party as a result of its violation.
a. True
When a contract is required to be sealed, a substitute for an actual seal may be used.
a. True
When a state law and a municipal legislation conflict with each other, the state law will prevail.
c. it refers to two parties involved in a business relationship who bring in another party to become a part of the existing business.
Which of the following best defines the tort of interference of contract?
b. it refers to the obligations that people enter into before a court to do an act required by law
Which of the following best described the term "recognizance"?
d. automobile wrecks
Which of the following is most likely to be a tort based on negligence?
c. a quasi-contract
Which of the following is not a true contract and has been imposed by law in order to prevent on party benefiting unfairly at another's expense.
c. The jury is selected before an opening statement is made by the attorney.
Which of the following is true of a jury trail procedure?
c. The decision of the appellate court is binding on lower courts
Which of the following is true of appeals made to higher courts?
d. it prevents the unjust enrichment of a party
Which of the following is true of quasi-contracts?
d. They have jurisdiction limited by Congress.
Which of the following is true of special federal courts?
c. They are less general than constitutions.
Which of the following is true of statutes?
d. it prevents the infiltration of legitimate businesses by organized crime.
Which of the following is true of the Racketeer Influenced and Corrupt Organizations Act?
b. It has appellate jurisdiction in cases based on the U.S. Constitution
Which of the following is true of the U.S. Supreme Court?
d. Individual states have made changed to the UCC
Which of the following is true of the Uniform Commercial Code?
d. They conduct the original trial of a case
Which of the following is true of trial courts?
c. they can be made enforceable by making a few changes to them
Which of the following is true of unenforceable contracts?
d. Administrative agencies have the power to implement laws.
Which of the following statements is most likely to be true of administrative agencies?
b. Civil law deals with the enforcement or protection of private rights
Which of the following statements is true of civil law?
c. Cases in common law are decided on the basis of precedents.
Which of the following statements is true of common law?
a. They hear all criminal cases that involved a violation of federal law
Which of the following statements is true of federal district courts?
d. Juvenile
______ courts are concerned with delinquent children.
d. Procedural
______ laws are those that state how parties are to go forward with filing civil actions and how these actions are to be tried.
b. False
The written request that begins a civil suit is called a summons.
a. True
A chief officer is known as the judge in a state court of records as well as in a federal court.
a. True
A certificate of deposit is a negotiable instrument.
a. equity
A justice system based upon fairness is called:
a. an injunction
A permanent order that is issued by a court with equity powers forbidding activities that would be determined to others is known as:
d. tort
A private wrong for which damages may be recovered.
a. Answer
Admits or denies the facts alleged in the complaint.
b. False
All agreements are contracts.
b. False
All states of the U.S. have separate equity courts and common law courts.
b. False
An agreement between two parties to perform an illegal act is a quasi-contract.
a. Business Law
Class of laws concerned primarily with business transactions.
a. True
Codes of professional responsibility are legally enforceable.
b. bilateral contract
Contract consisting of mutual exchange of promises.
c. written contract
Contract with terms in writing.
b. oral contracct
Contract with terms spoken.
c. Restraining order
Court's temporary order forbidding an action.
a. the prohibition on doing business with the governement
Debarment refers to:
b. False
Each state has three distinct court systems.
a. True
For an act to be established as a tort of injurious falsehood, the false statements of fact must be communicated by the defendant to a third person.
b. executed contract
Fully performed.
c. Law
Government rule prescribing conduct and carrying a penalty.
a. disgorgement of profits
Having to pay back profits received illegally.
b. False
If a decision of an administrative agency conflicts with a statue enacted by a higher legislative body, the agency decision will prevail.
b. writ of certiorari
If granted, the U.S. Supreme Court will hear the appeal of a case is called:
b. malice
Ill will, spite or hostility.
a. the injured party cannot recover any damages because it is partially negligent in the case.
In a situation where an injured party in an accident is partly to blame for the accident, which of the following is most likely to be true under a contributory negligence system?
a. True
In some small claims court, there is no jury and a judge tries the case.
b. Magistrate
In the federal courts, the chief officer is called a:
a. True
In the legal system of the U.S. it is possible for the same law to have different consequences in different states.
d. simple
Informal contracts are also known as ______ contracts.
b. plaintiff
The injured party in a civil suit.
b. False
The law states that a unilateral contract can be formed when performance is started.
b. False
The legal system of the U.S. is based primarily on the French legal system.
a. True
The legal term for one party benefiting unfairly as the expense of another is unjust enrichment.
b. Venue
The location where a case is tried is called:
b. False
The most common type of relief that courts of equity provide is monetary damages.
a. True
The offering of money, entertainment, or anything of value constitutes a bribe.
b. a person makes false statements of fact that degrade the quality of another's goods or services.
The tort of injurious falsehood occurs when:
b. False
The tort of product liability is also known as trade libel.
a. True
Using a business computer to play games constitutes computer trespass.