Business Law 201 Final

The word parol, as used in the parol evidence rule, simply means "speech" or "words"

true

a violation of a private wrong is a tort.

true

forbearance is a type of consideration.

true

in which one of the following situations is a confidential relationship required?

undue influence

Which term describes the type of negligence where a negligent act is charged to another?

vicarious negligence

In order to be guilty of the tort of conversion the wrongdoer must interfere with the ownership and use of another's real property

False

Jamison was 17 years old (not the age of majority) when he was in a car accident, he was found guilty and fined $5,000. Because Jamison was a minor he can avoid paying the fine.

False

Slander is the more permanent type of defamation.

False

Which one of the following IS NOT considered a branch of Government?

Administrative

The Parol Evidence Rule provides that any spoken or written words that are in conflict with the written contract can always be introduced as evidence in a Court of Law

False

What are the first 10 Amendments to the US Constitution called?

Bill of Rights

The Ramrod Corporation, a major construction company, was planning on building a 1,000,000 square foot mall in River City. In order for the corporation to build the mall it needed to acquire several zoning approvals. These approvals were being considered by the River City Zoning Board. James Ramrod, president, spoke to the members of the board and he was very confident that 9 of the members would vote in his favor. The questionable board member was Margaret Honest. Mr. Raymond approached Ms. Honest and offered to build a swimming pool for her, if she agreed to vote for his proposal. Ms. Honest agreed to the plan. What changes, if any, can be brought against Mr. Ramrod and Ms. Honest.

Bribery

What is the term to describe breaking into and entering another person's property in the night with the intent to commit a felony or to steal property of value?

Burglary

Which one of the following items WOULD NOT be involved in the Tort of Conversion?

Car

The name of the appeals court in the federal judicial system is?

Circuit court

When a judge hears a case and decides to allocate responsibility between the parties the doctrine that the judge utilizes to determine the damages is called?

Comparative Negligence

The Trial Level in the Federal Court System is the Circuit Court.

False

The trial level in the federal court system is the circuit court.

False

During the trial between Abner and Corrine, Abner agreed that Corrinne was also at fault and that the accident was also her responsibility. What is the name of the defense that Abner raised.

Contributory Negligence

James and Laura were involved in a car accident. James ran a stop sign and Laura ran into James' car. Laura sues James. James knows that he is responsible for a good part of the accident since he ran the stop light, but he feels that Laura shares responsibility because she had the last chance to avoid the accident. James raises a defense that Laura shares responsibility for the accident. What is the name of the defense?

Contributory Negligence

Kathy was the worst driver possible and each time that she got behind the wheel people would run in the opposite direction. Kathy was driving around New York one day and she was involved in an auto accident. Jason, who was the other driver, filed a lawsuit against Kathy. Kathy knew that she was somewhat liable for the accident, but she thought that Jason shared some responsibility because he was speeding. What defense does Kathy raise?

Contributory Negligence

Which one of the following is ONLy a defense?

Contributory Negligence

James was a thief who would steal anything for a thrill. He saw a new bicycle sitting in front of the Jones Home and he jumped on it and stole it. The police catch him and he is charged with the theft of the bike. What other charge will be brought against him?

Conversion

Jason stole Jerome's car and was charged with Grand Theft auto. What tort, if any, would Jason be charged with?

Conversion

One is guilty of a _______________ when he interferes with the enjoyment of someone's personal property?

Conversion

In what Federal Court would an individual file a law suit and request a trial?

District Court

American Jurisprudence is based upon?

English Common Law

Marlene was a member of the zoning board of chester township. Heritage construction company had an appeal pending before the zoning board for the building of 100 houses. If the variance is approved Heritage would profit over $1,000,000. Heritage wanted to make sure that the variance passed and contacted Marlene. Heritage was aware that marlene had served 5 years in prison and that she had changed her name from Olga Sith to Marlene Jones in order to conceal her past. Heritage told Marlene that is she did not vote for the variance Heritage would broadcast her past. Marlene goes to the prosecutor and the prosecutor bring charges against Heritage. What charges are brought?

Extortion

A minor CAN avoid a contract once he/she reaches the age of majority if the contract was for an essential item.

False

A slanderous defamatory statement about a particular person that is communicated only to that person is actionable.

False

Consideration, as used in a contract, ALWAYS consists of the exchange of currency or goods.

False

Courts regularly will review the adequacy of consideration

False

Zelda was a con artist and always had some phony scheme to get money from elderly people. The newest scheme was to go door-to-door and get elderly people to sign up for home improvements. Zelda always took a 25% deposit on the work, and then took off with the money. Zelda is finally caught and she is charged with?

False Pretenses

Marjorie sued her employer in Federal Court alleging violations of the Equal Employment Law and requested a trial. In which of the Federal Courts did Marjorie file her lawsuit?

Federal district court

Jeffrey sold his funeral home to Maynard for $50,000. In the sales contract Jeffery agreed not to work in the funeral business for 5 years. Jeffrey's agreement not to compete against Maynard is called?

Forbearance promise

Todd was short of money and really desperate to get his hands on money. Bernice gave him a check in the amount of $10. Because of his circumstances Todd changed the amount of the check to $100. Todd is guilty of what crime?

Forgery

Maude promised to give her favorite sweater to Jennifer if Maude won the Buick Classic Gold Tournament. Such a promise is a ?

Gratuitous Promise

Joe was driving his semi-truck cross country. He pulled into a rest stop for dinner and a shower. When he was finished he went out to his truck and it was stolen. This thief can be charged with?

Hijacking

The stealing of a vehicle while in transit is?

Hijacking

Which 2 crimes REQUIRE the participation of 2 persons? I. Extortion II. Embezzlement III. Bribery IV. Kidnapping

I & III

Which one of the following is (are) a defense to an allegation of lander or libel: I. Truth II. Privilege III. Lack of Publication IV Non-Truth

I and III

The authority found in the US Constitution that gives congress the power to regulate space travel is?

Implied Power

The broad term that includes most types of theft is?

Larceny

What is the broad term that includes most forms of theft?

Larceny

A defamation statement that is recorded on a video cassette is considered to be?

Libel

A defamatory statement that is recorded on a video cassette is considered to be?

Libel

Abner was the chief executive officer of a major corporation. He had a very volatile temper and one day he called his secretary, Irene, into his office, closed the door and began screaming at her and telling her that she was incompetent and that he discovered that she had stolen $50,000 form his checking account by forging his name on checks. Irene ran out of Abner's office screaming and crying, "Abner called me a thief." If Irene sues Abner he would be found guilty of?

Libel

Harold offered to sell his coin collection. Because he needed money Harold offered to see the coins for $50,000 cash. Zelda wanted to buy the coins becauseGratuitous P it would complete her coin collection. She was short on cash, but she informed Harold that she would buy the coins and that she would charge it to her American Express Credit Card. Harold and Zelda have?

No Contract

Which state's system of law is based on the French Civil Law?

None of the above

In regard to the Tort of Negligence which one of the following WOULD NOT be needed to prove a case of Negligence.

Pain

Which of the following IS NOT an administrative agency?

Parent Teachers Association

Mickey was sworn in and was testifying in a murder case before Judge Emmett. Mickey was afraid and really did not want to testify, but he was subpoenaed and had no choice. Mickey decided that the only way to protect himself was to lie and testify that he knew nothing. The prosecutor brings charges against Mickey for lying under oath, what crime is Mickey charged with?

Perjury

The crime of intentionally giving false oral or written statements under oath in a judicial proceeding is?

Perjury

the John's Manville Co. had their asbestos paint located in the middle of Manville, NJ. The company poured its poisonous waste into the town's water supply. The City of Manville sued the Company alleging several violations of the environmental law and of what tort?

Public Nuisance

Nathan went into the bank pulled out a gun and threatened the teller and demanded the money. What crime, if any, could Nathan be charged with?

Robbery

Which one of the following "laws" are adopted by Federal and State Governments

Stattutes

Charlotte Wagner was a collect and keeper of exotic /wild animals. She kept snakes and large cats, such as tigers, lions and cheetahs. These animals were all kept on her farm in large cages. One day one of the large cobra snakes got out and ate the neighbor's potbelly pigs. The neighbor sued and Charlotte countered that she was not liable for any damage because she had taken every precaution possible to secure these animals. The neighbor sues; IF he is successful the decision will be based on which legal doctrine

Strict Liability

The Tiger Lady of Jackson, New Jersey kept several Bengal tigers on her property. She erected 15 foot high fences, dug a 50 foot wide canal in front of the fence and put a jagged set of rocks in front of the canal to keep the tigers in their cages. The tiger lady had these plans approved by the world tiger society, which certified that this type of enclosure was the best that money could buy and that the tigers would not get out. One of the tigers escaped and mauled a child. The tiger lady was sued and she alleged that she was not responsible because she did everything possible to contain them. If she is found guilty under what doctrine will she be convicted?

Strict Liability

Marla sued Thomas and filed her lawsuit in the Federal Trial Court, Thomas won the lawsuit at the trial level, Marla appealed the decision and won the appeal, then Thomas filed an appeal from the Appeal Court's decision. In what court did Thomas file his appeal?

Supreme Court

The violation of a private wrong that causes injury to another person's physical well being, property or reputation is?

Tort

Administrative rules that are adopted by administrative agencies have the same force and effect as statutes.

True

All consideration has a value

True

An oral contract is valid?

True

Employers may restrict their specialized employees from divulging privileged and confidential information about their work.

True

In addition to the District Court, Circuit Courts and the Supreme Court, there are specialized courts in the Federal Judiciary System.

True

In addition to the District Court, circuit court and the supreme court, there are specialized courts in the federal judiciary system?

True

The main difference between Libel and Slander is the permanency of the communication.

True

When an advertisement contains a positive promise and a positive statement of what the advertiser expects in return, such an advertisement is considered an offer

True

When a court declares that a law is contrary to the U.S. Constitution, the law is declared to be

Unconstitutional

Which one of the following would be defined as shifting the responsibility?

Vicarious Liability

marcia offered to sell her 1959 thunderbird for $50,000 with the required payment being in cash. Tom, a vintage car collector, wanted this thunderbird very badly because it was one of a kind. he told marcia that he would accept her offer and pay with his mastercard. what do the parties have?

a counter offer

which one of the following is not a branch of the federal government?

administrative

an offer can be terminated by?

all of the above

Marcia was a member of the zoning board for the town of westchester. The bendix/smith company was petitioning the zoning board for a variance in order to build a multimillion dollar mall. The board consisted of 5 members and marcia was the swing vote. Bendix/smith contacted marcia and offered to build her a swimming pool if she voted for the project. Marcia agreed to the plan. The town found out about this transition, what charges can be brought?

bribery

Jerry, a messenger for tristate jewelry stores, stole 2 pairs of diamond earring out of his delivery pouch to the easton avenue store. Jerry is guilding of?

embezzlement

The wrongful taking of money or other property that has been entrusted to a person as part of his/her employment is?

embezzlement

Toni was employed by the bank of america as a head teller in their boca raton office. Toni was responsible for the safe keeping of over $200,000. Finally she was overtaken by the temptation of the money and stole $15,000 from the bank. Toni was caught, what crime will she be charged with?

embezzlement

the wrongful taking of money or other property that has been entrusted to a person as a part of his or her job

embezzlement

assuming that there was a contract that began on January 1, 2002 with monthly deliveries ending on March 1, 2003, what would this contract be considered on April 1, 2002?

executory contract

which one of the following type(s) of property would not be involved with the tort of conversion?

none of the above / car

The authority found in the US constitution to deal with matters concerning bankruptcy is?

express power

What is the name of the crime that involves the taking or demanding of money or other property from someone using force, threats of force or economic harm is?

extortion

Which crimes involved the participation of 2 parties?

extortion and bribery

When there is a valid contract that has been entered into by competent parties, courts will evaluate and judge the adequacy of the consideration.

false

consideration which consists of a promise to do something that one is already required to do either by law or by contract which represents no additional sacrifice and is considered valid consideration.

false

moral consideration, where a person feels that he is bound to do something because of friendship, love, honor, or sympathy is valid and valuable consideration.

false

past consideration is valuable and valid consideration.

false

The crime of stealing a vehicle while in transit is?

hijacking

The power of courts to address legal issues concerning the internet comes from the US Constitution. Which power gives the courts the authority to decide this type of case?

implied power

administrative agencies such as the ftc, fcc, irs and others have the authority to adopt...

rules and regulations

Winona Ryder was on trial for stealing clothing from Saks' 5th Avenue. The crime that she was charged with is?

shoplifting

the less permanent type of defamation is?

slander

Charlie loved wild animals. The loved them so much that he devoted his life to taking in injured lions and keeping them in his backyard. One of the lions, after recovering from a gun shot would escaped the killed the neighbor's dog. The neighbor sues Charlie alleging?

strict liability