Business Law & Ethics Final

3) In the United States, what recourse does an accused person have in case he or she cannot afford a private defense lawyer? A) The government will provide an attorney to the accused free of charge. B) The accused will have to spend his or her time in jail until he or she can obtain enough money to afford an attorney. C) A public defender will be appointed to the accused by the government for a nominal fee. D) He or she will have to defend himself or herself when the trial starts.

A) The government will provide an attorney to the accused free of charge.

20) The plaintiff in a product liability lawsuit has suffered $100,000 worth of damages from an automobile accident. A defect in manufacture of the plaintiff's vehicle is found to be 60 percent responsible for the accident, while the plaintiff's own negligence is 40 percent responsible. Under the doctrine of comparative negligence, how much would the defendant—the manufacturer of the vehicle—have to pay the plaintiff in damages? A) $60,000 B) $40,000 C) $100,000 D) The defendant would not have to pay any amount in damages

A. $60,000

15) What is the key difference between an agreement and a contract? A) A contract is always enforceable in the court of law, while an acceptance may or may not be. B) A contract can only be between two individuals, while an acceptance can have two or more people involved. C) A contract requires mutual assent from all parties, while an acceptance needs only to be accepted by a majority of people involved. D) A contract need not be legally binding, while an agreement must be legally binding.

A. A Contract is alway enforceable in the court of law, while and acceptance may or may not be.

21. Law is described as ________. A. a body of rules of action or conduct prescribed by controlling authority, and having binding legal force B. a study of fundamental problems, such as those connected with existence, knowledge, and language C. a system that builds and organizes knowledge in the form of testable explanations and predictions D. a group of hypotheses employed to explain a phenomenon

A. A body of rules of action or conduct prescribed by controlling authority, and having binding legal force.

54) An exclusive license is defined as ________. A) a license that grants access to exclusive information for a limited period B) a license that restricts the licensee to some information only C) a license that grants rights to only one party for a specific period D) a license that grants licensees only a few rights in intellectual property

A. A license that grants access to exclusive information for a limited time.

46) Which of the following is true of misrepresentation? A) A misrepresentation is not actionable unless the innocent party relied on the misrepresentation and acted on it. B) An innocent party who acts in reliance on a misrepresentation need not justify his or her reliance. C) An innocent party must prove that the wrongdoer's misrepresentation was the sole reason he or she entered into the contract. D) An innocent party need not prove economic injury to recover damages for fraud.

A. A misrepresentation is not actionable unless the innocent party relied on the misrepresentation and acted on it.

41) Which of the following statements is true of e-mail contracts? A) All e-mail contracts require consideration, capacity, and lawful object. B) E-mail contracts are exempted from the requirements of the Statute of Frauds. C) All e-mail contracts are enforceable even if they don't meet the requirements of a traditional contract. D) Several e-mails cannot be integrated to determine the parties' agreement.

A. All e-mail contracts require consideration, capacity, and lawful object.

25) Which of the following articles in the UCC deals with the sale of goods? A) Article 2 B) Article 4 C) Article 5 D) Article 8

A. Article 2

42) Henry is undergoing a surgery at Sacred Heart Hospital to insert an artificial pacemaker that will keep his heartbeat regular. The pacemaker is manufactured by Benford Inc. In this case, Dr. DeBenedetto, the surgeon, is considered as the dominant element. If the pacemaker fails to function as expected after the surgery, who would be strictly liable for its failure? A) Benford Inc. B) Dr. DeBenedetto C) Henry D) Sacred Heart Hospital

A. Bendorf Inc.

44) Bertha, a surgeon, performed a kidney transplant on one of her patients. The surgery was not successful and the patient did not survive. Which of the following statements is true in this case? A) Bertha cannot be held strictly liable as she is providing a service. B) Bertha can be held strictly liable for the death of her patient. C) Bertha and the medical staff assisting in the surgery are strictly liable for the death. D) The donor of the kidney can be held strictly liable for the death of the patient.

A. Bertha cannot be held strictly liable as she is providing a service.

12) Which of the following is true about the duty of care? A) Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property. B) Reasonable person standard is used to determine the amount of damages that a defendant owes a plaintiff. C) A firefighter who refuses to put out a fire when his safety is not at stake does not breach his duty of care. D) The damages recoverable for breach of the duty of care are independent of the effect of the injury on the plaintiff's life or profession.

A. Breach of duty of care is not actionable unless the plaintiff suffers injury or injury to his or her property.

6) Which two elements are required to find a defendant guilty of an intent crime? A) criminal act and criminal intent B) victim and criminal intent C) criminal act and proof of gain D) motive and criminal intent

A. Criminal Act and Criminal Intent

21) Mark and Jack work as clerks at the New Bank of North America, which they plan to rob. In order to plan and execute the robbery, Mark and Jack obtained the floor plans of the bank and studied the security arrangements and movements of security personnel. They even got weapons, in case force is required, as they plan to rob the bank during working hours. But the police got information about the plan and arrested Mark and Jack, and thus prevented the robbery from taking place. Which of the following crimes has been committed by Mark and Jack? A) criminal conspiracy B) extortion C) money laundering D) larceny

A. Criminal Conspiracy

55) A(n) ________ is a contract by which the owner of a software or a digital application grants limited rights to the owner of a computer or digital device to use the software or digital application for a limited period and under specified conditions. A) e-license B) ISPS C) domain D) digital signature

A. E-license

50) ________ crimes require that the perpetrator either knew or should have known that his or her actions would lead to harmful results. A) General intent B) Nonintent C) Specific intent D) Explicit intent

A. General intent

5) Tim Talon has been found by a court of law to be guilty of reckless driving and killing a pedestrian as a consequence. His defense was that he was driving under the influence of alcohol and lost control of his automobile. He was subsequently punished for his crime. How would the court classify Tim Talon's case for intent? A) general intent crime B) criminal intent crime C) nonintent crime D) specific intent crime

A. General intent crime

45) ________ are companies that provide consumers and businesses with access to the Internet. A) ISPs B) BPOs C) DSLs D) IPOs

A. ISPs

10) A(n) ________ is a charge of having committed a crime, usually a felony, based on the judgment of a grand jury. A) indictment B) information statement C) arraignment D) plea

A. Indictment

9) Which of the following statements best describes a difference between indictments and information statements? A) Indictments are issued by a grand jury, while an information statement is issued by a magistrate. B) Indictments are issued before a trial, while an information statement is issued after a trial. C) Information statements are issued without determining guilt, while an indictment is issued where guilt is evident. D) Information statements are issued to dismiss a case before it goes to trial, while an indictment is issued to bring a case to trial.

A. Indictments are issued by a grand jury, while an information statement is issued by a magistrate.

23. What function of the law is being served when passing laws that protect the U.S. government from the risk of being forcefully overthrown? A. maintaining the status quo B. shaping moral standards C. facilitating orderly change D. promoting social justice

A. Maintaining the status quo.

32) Sinbad Cola, a soft drink manufacturer, recently opened a plant in Buron. The wastages from the plant were dumped in the Buron Sea, situated a mile away from the plant. Dumping of wastes in the sea resulted in water pollution, which negatively affected the Buron fishing business, and also resulted in groundwater contamination. Sinbad Cola compensated by bringing contamination levels down with additional filters and paying damages to the local fishermen. Which theory of business social responsibility did Sinbad Cola meet when they compensated for their harmful wastage disposal methods? A) moral minimum B) stakeholder interest C) corporate citizenship D) maximizing profits

A. Moral minimum

33) According to the theory of ________, if a business corrects the social injury it causes, it has met its duty of social responsibility. A) moral minimum B) maximizing profits C) corporate citizenship D) stakeholder interest

A. Moral minimum

26) Diane bought an action figure for David, her 3-year-old son, from Terrence's Toy Shop. The packaging did not mention that the toy contained small detachable parts. David accidentally swallowed and choked on one of the detachable parts and had to be taken to the hospital. On which of the following product liability charges can Diane sue Terrence's Toy Shop for damages? A) negligence B) misrepresentation C) fraud D) nuisance

A. Negligence

52. Rita Fuller and Robert Morgan are contending parties to a lawsuit involving the division of their inheritance from their grandmother. They wish to settle their case out of court. Rita and Robert engage in discussions and bargaining with the presence of their attorneys and finally conclude that Robert keeps 60 percent of the inheritance while Rita gets the remainder. In this scenario, the ________ method of alternative dispute resolution is used. A. negotiation B. arbitration C. mini-trial D. mediation

A. Negotiation

35. Which of the following provisions is made by the Due Process Clause? A. No person shall be deprived of life, liberty, or property without due process of the law. B. No state can regulate foreign trade directly or indirectly without due process of the law. C. Motions for amendments to the Constitution cannot be made without a majority in the House of Representatives. D. Violation of freedom of speech makes the violator liable for immediate prosecution with due process of the law.

A. No person shall be deprived of life, liberty, or property without due process of the law.

35) ________ is a rule that says that if a written contract is a complete and final statement of the parties' agreement, any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of the written contract are inadmissible in court regarding a dispute over the contract. A) Parol evidence rule B) Firm offer rule C) Open terms rule D) Gap-filling rule

A. Parol Evidence Rule

46) Which of the following statements describes the moral theory of utilitarianism? A) People must choose the action or follow the rule that provides the greatest good to society. B) People must follow actions that are in accordance with a specific ethical rule or principle from a religious text. C) People must choose to follow actions of a virtuous person. D) People must follow actions based on moral duties imparted by one's community.

A. People must choose the greatest action or follow the rule that provides the greatest good to society.

34. The ________ provides that federal law takes precedence over state or local law. A. preemption doctrine B. executive branch C. Due Process Clause

A. Preemption doctrine

40) Dean Campenella is a detective with the California state police. During the investigation of a missing child, Campenella found new clues that led to the capture of a serial killer involved in another case. Since Campenella was not involved in the serial killer case, and found the clues while investigating another case, Campenella demanded a special reward from the state police department for his help in catching the killer. But his demand was declined citing lack of consideration. Campenella's demand lacks consideration under which of the following? A) preexisting duty B) illegal consideration C) gift promise D) illusory promise

A. Preexisting duty

44. The ________ requires that the government give a person proper notice and hearing of legal action before that person is deprived of his or her life, liberty, or property. A. procedural due process B. substantive due process C. Supremacy Clause D. Equal Protection Clause

A. Procedural due process

36) If Catapipes Plumbing plans to withdraw its bid, what legal doctrine can help AtlasNow from being meted out injustice due to lack of consideration? A) promissory estoppel B) freedom of contract C) acquiescence D) exclusionary rule

A. Promissory estoppel

2) ________ include environmental laws, securities laws, and antitrust laws and provide for criminal violations and penalties. A) Regulatory statutes B) Constitutions C) Charters D) Resolutions

A. Regulatory Statutes

41) ________ is an action to undo a contract. A) Rescission B) Recession C) Restitution D) Inception

A. Rescission

18) ________ refers to a statute that requires an injured person to bring an action within a certain number of years from the time that he or she was injured by a defective product. A) Statute of limitations B) Statute of frauds C) Statute of repose D) Statute of general application

A. Statute of limitations

33. Any state or local law that "directly and substantially" conflicts with valid federal law is preempted under the ________. A. Supremacy Clause B. Commerce Clause C. Due Process Clause D. Free Exercise Clause

A. Supremacy Clause

32) Under which of the following conditions is a contract said to have legal value? A) the promisor receives a legal benefit B) the promisor suffers a legal detriment C) both promisor and promisee receives a legal benefit D) both promisor and promisee suffers a legal detriment

A. The promisor receives a legal benefit.

20) The government can forfeit any property involved in a money laundering offense. A) True B) False

A. True

47) Which of the following best describes the tort of battery? A) unauthorized and harmful or offensive physical contact with another person that causes injury B) an action that arouses reasonable apprehension of imminent harm C) oral or written defamation of another person's character D) intentional confinement or restraint of another person without that person's consent

A. Unauthorized and harmful or offensive physical contact with another person that causes injury.

42) When Stella Finman found out that she was terminally ill, she drafted a will leaving all her property to her son. During her period of illness, Stella was financially and emotionally supported by her lawyer as her son was mostly away. When the will was read upon her death, it said that her lawyer would get a 20 percent stake in Finman Corp., a company Stella owned. Upon investigation, it was revealed that Stella's lawyer took advantage of Stella's weakness and persuaded her to change the contractual terms. This is an instance of ________. A) undue influence B) battery C) duress D) fraud

A. Undue influence

47. ________ refers to an official notice that the Supreme Court will review a case. A. Writ of certiorari B. Stare decisis C. En banc review D. Sua sponte

A. Writ of certiorari

34) Which of the following is supported by consideration? A) written contract B) gift promise C) illusory promise D) preexisting duty

A. Written contract

1. What is a judicial decision? A) a decision issued by the executive branch in a state of emergency B) a decision about an individual lawsuit issued by a federal or state court C) a codified law passed by the state legislature D) a decision issued by the legislative branch to establish courses of conduct to which covered parties must adhere

B. A decision about an individual lawsuit issued by a federal or state court.

28. What is a judicial decision? A. a decision issued by the executive branch in a state of emergency B. a decision about an individual lawsuit issued by a federal or state court C. a codified law passed by the state legislature D. a decision issued by the legislative branch to establish courses of conduct to which covered parties must adhere

B. A decision about an individual lawsuit issued by a federal or state court.

36) Which of the following cases describes an agreement of ethics and laws? A) a company outsourcing its jobs to a foreign country B) a person being penalized for bribing a judge to give the verdict in the person's favor C) a company not spending more money to keep its emission rates below the legal standard D) a person hiring an illegal alien worker belonging to a destitute family

B. A person being penalized for bribing a judge to give the verdict in the persons favor.

29. Stare decisis is the doctrine of ________. A. providing proof to assert a fact in court B. adhering to legal precedent C. separating powers between state and religion D. ensuring all legal rights are provided to a person when otherwise deprived of them

B. Adhering to legal precedent.

13) What is the necessary condition for an accused person to be found guilty by a jury? A) At least half the jurors have to find the defendant guilty of the crime. B) All the jurors have to unanimously agree that the defendant is guilty of the crime. C) More than 50 percent of the jurors have to find the defendant guilty of the crime. D) The jury's verdict has to be approved by the presiding judge.

B. All the jurors have to unanimously agree that the defendant is guilty of the crime.

7) The threat of immediate harm or offensive contact is termed as ________. A) battery B) assault C) disparagement D) libel

B. Assault

45) Betty buys a lawnmower manufactured by Flat Planes Inc. from Harvey's department store. A defect in the design of the blades causes the lawnmower to kick back on operation, injuring Betty. Which of the following remedial actions is Betty entitled to? A) Betty can sue Harvey's department store for negligence. B) Betty can sue either Harvey's department store or Flat Planes for strict liability. C) Betty can only sue Flat Planes for strict liability as it manufactured the defective lawnmower. D) Betty can only sue Harvey's department store for strict liability as it sold her the defective lawnmower.

B. Betty can sue either Harvey's department store or flat planes for strict liability.

6) Under the ________ doctrine, damages are apportioned according to fault. A) contributory negligence B) comparative fault C) proximate cause D) assumption of risk

B. Comparative fault

42) Which of the following acts regulates spam e-mail on the Internet? A) Anticybersquatting Consumer Protection Act B) Controlling the Assault of Non-Solicited Pornography and Marketing Act C) Communications Decency Act D) Uniform Computer Information Transactions Act

B. Controlling the Assault of Non-Solicited Pornography and marketing act.

22) A response by an offeree that contains terms and conditions different from or in addition to those of the offer is called a(n) ________. A) rejection B) counteroffer C) revocation D) acceptance

B. Counteroffer

53) A crime that is committed using computers, e-mail, the Internet, or other electronic means is commonly referred to as ________. A) larceny B) cybercrime C) forgery D) mail fraud and wire fraud

B. Cybercrime

41. Which of the following is a form of unprotected speech? A. offensive speech B. defamatory language C. commercial speech D. political speech

B. Defamatory language

50) ________ is a situation in which one party threatens to do a wrongful act unless the other party enters into a contract. A) Scienter B) Duress C) Battery D) Assault

B. Duress

47) Barney wants to rent an apartment and posts an advertisement in a classifieds website. Two days later, Michael, who wants to rent out his apartment, e-mails Barney and they finalize the deal over the Internet. Barney pays Michael through an online transfer. This is an example of ________. A) e-licensing B) e-commerce C) cybersquatting D) spamming

B. E-commerce

15) Which of the following amendments to the U.S. Constitution protects criminal defendants from cruel and unusual punishment and also protects criminals from torture? A) Fifth Amendment B) Eighth Amendment C) Fourth Amendment D) Fourteenth Amendment

B. Eighth Amendment

28) A government or political party that strictly derives its ethics and laws based on a specific religious book is an example of ________. A) utilitarianism B) ethical fundamentalism C) ethical relativism D) Kantian ethics

B. Ethical Fundamentalism

23) The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear. A) bribery B) extortion C) money laundering D) embezzlement

B. Extortion

55) The crime of ________ involves the obtaining of property from another, with his or her consent, induced by wrongful use of actual or threatened force, violence, or fear. A) bribery B) extortion C) money laundering D) embezzlement

B. Extortion

27. From the following, identify an example of codified law in the United States? A. judicial rulings B. federal statutes C. treaties D. executive orders

B. Federal Statutes

48) Which of the following occurs when one party intentionally hides a material fact from another party? A) fraud in the inducement B) fraud in concealment C) silence as misrepresentation D) misrepresentation of law

B. Fraud by concealment

52) The ________ makes it a federal crime for anyone to access and acquire information intentionally from a protected computer without authorization. A) Identity Theft and Assumption Deterrence Act B) Information Infrastructure Protection Act C) Counterfeit Access Device and Computer Fraud and Abuse Act D) Racketeer Influenced and Corrupt Organizations Act

B. Information Infrastructure Protection Act.

23) Luke offered to sell his farm to Kent at $75,000, an offer which Kent declined. A week later, Luke offered to sell the farm for $65,000, stating it was the final offer that would be valid for one month only. Two days later, Kent offered to pay $60,000 for the farm. Luke received Kent's offer a week later and he declined it. After ten days, Kent agreed to buy the farm for $65,000, but Luke refused to sell the farm. Kent decided to sue Luke for a breach of contract. The judge ruled in favor of Luke. Which one of the following is the reason for the ruling in Luke's favor? A) Luke's original offer of $75,000 is still valid, even though rejected. B) Kent's counteroffer of $60,000 had rendered the offer for $65,000 invalid. C) Kent's acceptance was past the set time period in the offer. D) Kent acted in an incompetent manner toward the offer.

B. Kent's counteroffer of $60,000 had rendered the offer for $65,000 invalid.

40. Advertising is categorized as ________ speech. A. fully protected B. limited protected C. uncensored D. unprotected

B. Limited protection

43) Which of the following constitutes a mutual mistake of a material fact? A) Martha selling her house to Graham and hiding the fact that its first floor is damaged B) Martha and Graham agreeing on the sale of a house, both referring to different houses C) Graham buying a house from Martha without asking her details of damages D) Martha selling Graham an old vase for $20, both of them unaware that it is a valuable antique collectible

B. Martha and Graham agreeing on the sale of a house, both referring to different houses.

15) ________ is a tort related to defective products in which the defendant has breached a duty of due care and caused harm to the plaintiff. A) Misrepresentation B) Negligence C) Nuisance D) Fraud

B. Negligence

38) A contract in which a seller agrees to sell all of its production to a single buyer is known as a(n) ________. A) requirements contract B) output contract C) best-efforts contract D) option contract

B. Output contract

44) The CAN-SPAM Act ________. A) regulates spam sent internationally to Americans from other countries B) provides a civil right of action to individuals who have received unsolicited spam C) prohibits the messages themselves from containing graphic, sexually explicit material D) prohibits businesses from using spam to further their commercial interests

B. Provides a civil right of action to individuals who have received unsolicited spam.

33) Mark, who recently won a lottery, tells Sean that he will split his lottery winnings with him if Sean can arrange Mark's interview with his boss. Sean talks to his boss and the meeting is arranged. But when Sean goes to collect half of Mark's lottery winnings, Mark refuses to pay. What is the act of consideration in this scenario? A) Mark telling Sean he will split his lottery winnings with him B) Sean arranging the interview C) Mark going for the interview D) Sean asking for half of the lottery winnings

B. Sean arranging the interview

45. Which of the following courts are considered as the federal court system's intermediate appellate courts? A. the U.S. Courts of Appeals for Veterans Claims B. the U.S. courts of appeals C. the U.S. district courts D. the U.S. courts of federal claims

B. The U.S. courts of appeals

38) Under the Uniform Commercial Code, if the time, place, and manner of delivery of goods are not mentioned in a contract, ________. A) the place of delivery is the buyer's place of business B) the contract is void for lack of definiteness C) the place of delivery is the seller's place of business D) the seller is obligated to pay for shipping to the buyer's place of business

B. The contract is void for lack of definiteness

26) Which of the following sales would be covered by Article 2 of the Uniform Commercial Code? A) the sale of intangible goods B) the sale of tangible goods C) the sale of real estate D) the sale of stocks

B. The sale of tangible goods.

5. Why do courts need to accomplish a service of process? A. to obtain personal jurisdiction over the plaintiff in a lawsuit B. to obtain personal jurisdiction over the defendant in a lawsuit C. to obtain jurisdiction to hear a case where the court has jurisdiction over the property in the lawsuit D. to obtain jurisdiction over nonresidents who were not served summons within a state

B. To obtain personal jurisdiction over the defendant in a lawsuit.

51) The ________ establishes a uniform and comprehensive set of rules that govern the creation, performance, and enforcement for computer information transactions. A) CAN-SPAM Act B) UCITA C) ECPA D) ACPA

B. UCITA

45) ________ is a situation in which one person takes advantage of another person's mental, emotional, or physical weakness and unduly persuades that person to enter into a contract. A) Duress B) Undue influence C) Fraud D) Scienter

B. Undue influence

3. ________ refers to a concept that requires lawsuits to be heard by a court with jurisdiction that is nearest the location in which an incident occurred or where the parties reside. A. Jurisdiction B. Venue C. Circuit D. Doctrine of stare decisis

B. Venue

11) What is nolo contendere in legal proceedings? A) a plea by which the defense attorney sets out reasons as to why the case should not go to trial B) a guilty plea where the defendant does not admit the act and asserts innocence though there is sufficient evidence against the defendant C) a plea where the accused agrees to the imposition of a penalty but does not admit guilt D) a plea by which the defense attorney exhibits evidence that the defendant is not fit to stand for trial

C. A plea where the accused agrees to the imposition of a penalty but does not admit guilt

28) An offer is terminated on the grounds of "supervening illegality" when ________. A) the set period in the offer has expired B) the subject matter in the offer has been destroyed C) a statute or court decision deems an object of the offer unlawful D) the offeror or offeree passes away prior to the offer being accepted

C. A statute or court decision deems an object of the offer unlawful.

19) An invitation to make an offer or an actual offer is referred to as a(n) ________. A) proposal B) reward C) advertisement D) bid

C. Advertisement

14) A(n) ________ is a voluntary exchange of promises between two or more legally competent persons to do, or refrain from doing, an act. A) offer B) advertisement C) agreement D) proposal

C. Agreement

18) The Double Jeopardy Clause of the Fifth Amendment protects persons from ________. A) evidence procured through unreasonable search and seizures B) confessions obtained through physical force during an interrogation C) being tried twice for the same crime D) being subjected to a heavier penalty or longer imprisonment than originally sentenced

C. Being tried twice for the same crime.

23) ________ refers to all manufacturers, distributors, wholesalers, retailers, lessors, and subcomponent manufacturers involved in a transaction. A) Demand chain B) Chain of command C) Chain of distribution D) Value chain

C. Chain of distribution

19) The term ________ refers to the doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages. A) negligence per se B) assumption of risk C) comparative fault D) contributory negligence

C. Comparative Fault

55. How is legal precedent used between courts of different states? A) Courts of a state cannot cite the judicial decisions of courts of another state in its decisions. B) Courts of a state must follow precedent from courts of another state for similar cases. C) Courts of a state can use precedent from courts of another state as a form of guidance.

C. Courts of a state can use precedent from courts of another state as a form of guidance.

26) If a fire destroys an office building that has been listed for sale, the offer is automatically terminated due to ________. A) supervening illegality B) death or incompetency of the offeror C) destruction of the subject matter D) lapse of time

C. Destruction of the subject matter.

Which of the following is an intentional tort? A) breach of duty of care B) defect in product manufacture C) disparagement D) negligence

C. Disparagement

12) An oral agreement to purchase a neighbor's bicycle is a(n) ________ contract. A) voidable B) void C) express D) implied

C. Express

4) ________ are the most serious of crimes and are considered inherently evil. A) Infractions B) Misdemeanors C) Felonies D) Summary offences

C. Felonies

47) Alice offers Richard a chance to work in her affiliate marketing program which, she claims, will make him a millionaire in three months. Richard makes the "mandatory investment" of $12,000 and becomes an affiliate. Soon, he realizes that such a program does not exist and that Alice has disappeared with the money. This is an instance of ________. A) misrepresentation of law B) fraud in the factum C) fraud in inducement D) duress

C. Fraud in inducement

39) The computers that constitute the World Wide Web use a standard set of rules known as ________ for the exchange of information. A) POP B) POP3 C) HTTP D) IMAP

C. HTTP

12) A jury that cannot come to a unanimous decision about the defendant's guilt is called a(n) ________. A) open jury B) grand jury C) hung jury D) struck jury

C. Hung Jury

39) Corey in a desperate need to get to the airport decides to take his neighbor Tanner's help. Tanner agrees to help and drives Corey to the airport. Upon arrival at the airport, Corey promises to pay Tanner $25 for the gas fill. Which of the following conditions would have made the contract between Corey and Tanner enforceable? A) if Tanner had driven Corey to the airport in the past B) if Corey, upon arrival, had promised to pay gas money to Tanner whenever he could C) if the promise to pay gas money had been made before the trip was made D) if Tanner was contracted to drive Corey to the airport as a duty

C. If the promise to pay gas money had been made before the trip was made.

43) Which of the following is true of the CAN-SPAM Act? A) It regards spam e-mail as a punishable offence. B) It prohibits spammers from sending sexually explicit e-mails. C) It approves businesses to use spam as long as they do not lie. D) It provides a civil right of action to individuals who have received unsolicited spam.

C. It approves businesses to use spam as long as they do not lie.

30) Which of the following is true of a finance lease? A) It involves leasing out money to a lessee. B) The lessor is the supplier of goods. C) It consists of a lessor, a lessee, and a supplier. D) The lessee acquires the title of the goods.

C. It consists of a lessor, a lessee, and a supplier.

28) A ________ is a transfer of the right to the possession and use of named goods for a set term in return for certain consideration. A) trade B) gift C) lease D) sale

C. Lease

29) Which of the following does Article 2A of the Uniform Commercial Code govern? A) mixed sales B) sale of goods C) leases D) letters of credit

C. Leases

52) A ________ refers to a contract that transfers limited rights in intellectual property and informational rights. A) lien B) tender C) license D) trademark

C. License

43) Martin wins a car in a lottery. As he already owns a car, he decides to sell the new one to his friend Ted. While driving the car, Ted gets into a head-on collision with another car. Due to a defective Supplemental Restraint System (SRS) in the vehicle, the airbag does not deploy and Ted is seriously injured. Which of the following statements is true of this situation? A) Martin can be held strictly liable because he sold the car to Ted. B) The car manufacturer cannot be held strictly liable as Ted had not bought the car from it. C) Martin cannot be held strictly liable as the sale of the car counts as a casual transaction. D) The driver of the other car can be held strictly liable due to his or her involvement in the accident.

C. Martin cannot be held strictly liable as the sale of the car counts as a casual transaction.

24. By allowing the U.S. citizens to practice any religion of their choice, what essential function of the law does the U.S. Constitution serve? A. facilitating orderly change B. maintaining the status quo C. maximizing individual freedom D. facilitating planning

C. Maximizing individual freedom.

1) Which of the following is an acceptable consideration for a contract? A) arrest B) penalty C) money D) sentence

C. Money

22) Richard Bell, an organized crime boss and casino owner, has made a lot of money with his illegal drug operations and illegal gambling. He stashes away most of this drug money in personal lockers. In order to make it look like he earned it legitimately, Richard hired crooks to take the drug money and spend it in Richard's casinos in discreet amounts. The crooks are supposed to lose the money on purpose so that the casino can claim this as winnings. The crooks are then paid a small amount for their services. What crime is Richard committing in converting his drug money to alleged legal money? A) misappropriation B) embezzlement C) money laundering D) extortion

C. Money Laundering

19) The Miranda rights refer to the ________ provision of the Fifth Amendment of the U.S. Constitution. A) double jeopardy B) unreasonable searches and seizures C) privilege against self-incrimination D) parole eligibility

C. Privilege against self-incrimination.

25. Mark Walton was involved in a car accident in which the airbag of his car failed to deploy. He sued the car manufacturer for installing faulty airbags. But in the course of the case being heard in court, the car company and Mark decided to settle the lawsuit out of court. What important function of the law was served in this case? A. promoting social justice B. maximizing individual freedom C. providing a basis for compromise D. maintaining the status quo

C. Providing basis for compromise.

14) The tort of defamation of character requires a plaintiff to prove that the defendant ________. A) publicized a private fact about the plaintiff B) insulted people closely related to the plaintiff, such as family or friends C) published an untrue statement of fact about the plaintiff to a third party D) made one or more financial deals with the plaintiff under a false identity

C. Published an untrue statement of fact about the plaintiff to a third party.

24) A(n) ________ is a withdrawal of an offer by the offeror that terminates the offer. A) rejection B) advertisement C) revocation D) counteroffer

C. Revocation

36. Vanessa is born to American parents from a minority group in Miami. She applies to a public university that offers scholarships only to students from minority groups. Which of the following standards of review is used to decide if the university violates the Equal Protection Clause by offering Vanessa the scholarship? A. rational basis B. intermediate scrutiny C. strict scrutiny D. cogent basis

C. Strict scrutiny

4. Bill is trying to sell his house in Oklahoma City to George who lives in Arkansas. They have a dispute over the terms of the contract and Bill decides to sue George. Which of the following statements is true in this situation? A. The Arkansas state court will hear this case as it has in personam jurisdiction over George. B. The Arkansas state court has in rem jurisdiction to hear this case. C. The Oklahoma state court has in rem jurisdiction to hear this case. D. The Oklahoma state court does not have jurisdiction to hear this case as the defendant is from another state.

C. The Oklahoma state court has in rem jurisdiction to hear this case.

46. Which of the following statements is true of the U.S. Supreme Court? A. The U.S. Supreme Court's decisions are appealable. B. The U.S. Supreme Court hears appeals only from the federal circuit courts of appeals. C. The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases. D. The U.S. Supreme Court does not grant any oral hearings to the parties.

C. The U.S. Supreme Court does not hear any new evidence or testimony in reviewed cases.

27) Peter plans to sell his two houses, numbered Lot 1 and Lot 2, at $800,000 each. David, who was interested in buying Lot 2, could not make up his mind on the final offer and asks Peter to give him a week to decide. Peter accepts, but David takes two weeks to decide the counteroffer. Before he could give David a reply to his counteroffer, Peter is killed in a fire that burned down Lot 1. Which of the following would be true in this case? A) The offer is terminated due to lapse of time. B) The offer is terminated due to destruction of the subject matter. C) The offer is terminated due to death of the offeror. D) David can still buy the house for Peter's original offer.

C. The offer is terminated due to death of the offeror.

37) A contract is created when ________. A) the acceptance has been received by the offeror B) an acknowledgement is sent by the offeror to the offeree of receiving an acceptance C) the offeree dispatches the acceptance D) a written acceptance has been passed between the offeror and the offeree

C. The offferee dispatches the acceptance.

31) A contract is said to have legal value if ________. A) both the promisor and the promisee receive a legal benefit B) the promisor suffers a legal detriment C) the promisee suffers a legal detriment D) the promisee receives a legal benefit

C. The promisee suffers a legal detriment.

29) What is "maximizing profits" as a social responsibility theory in business? A) the theory that a corporation must consider the effects its actions have on persons other than its shareholders B) the theory that a corporation's duty is to make a profit while avoiding causing harm to others C) the theory that a corporation owes a duty to take actions that increase profits for shareholders D) the theory that a business has a responsibility solely to its stakeholders

C. The theory that a corporation owes a duty to take actions that increase profits.

30. According to the priority of law in the United States, which of the following statements is true? A. State regulations take precedence over state statutes. B. Valid state laws take precedence over any conflicting federal laws. C. Valid state laws take precedence over local laws. D. State laws take precedence over the U.S. Constitution within that state.

C. Valid state laws take precedence over local laws.

3) Two brothers Sam and Jim were fighting over the division of their ancestral property. After ten years of legal battle, a frustrated Sam contacted a powerful politician who subjected Jim to extreme duress to make him sign a contract of assent in favor of Sam. When Jim takes this contract to court, the contract will be declared ________. A) enforceable B) conditionally enforceable C) voidable D) unenforceable

C. Voidable

8) An offeror uses blackmail to make an offeree sign a contract that involves the sale of the offeree's house. The contract is ________. A) valid B) void C) voidable D) unenforceable

C. Voidable

9) Harry in a drunken state agrees to give his car to Ben as a token of friendship. Once sober, Harry asks Ben to return his car. This contract is considered ________. A) valid B) void C) voidable D) unenforceable

C. Voidable

46) Which of the following is true of e-commerce? A) Lessors cannot use web addresses to lease goods. B) Intellectual property cannot be explicitly listed for sale on a website. C) A Web contract is not binding as opposed to an e-mail contract. D) A Web contract is not valid if it does not fulfill all the elements of a traditional contract.

D. A web contract is not valid if it does not fulfill all the elements of a traditional contract.

7) A(n) ________ is a document for a person's detainment that is based on a showing of probable cause that the person committed a crime. A) no-knock warrant B) possessory warrant C) execution warrant D) arrest warrant

D. Arrest Warrant

25) After losing her watch, Jennifer had put up a reward offer in the local newspaper for anyone who could find and return her watch. However, after two weeks she decides to buy a new watch and not pay the reward anymore. Betty, who found the watch and saw the reward offer, returns the watch to Jennifer after 20 days. Which of the following would be true about Betty receiving or not receiving the reward? A) Betty will not receive the reward as Jennifer had already revoked it. B) Betty will not receive the reward as Jennifer had stopped publishing the reward offer. C) Betty cannot claim the reward because she had not performed all the requested acts. D) Betty can claim the reward because Jennifer had not published a notice of revocation.

D. Betty can claim the reward because Jennifer had not published a notice of revocation.

16) Intentional misrepresentation occurs when a seller or lessor ________. A) fails to warn customers about the dangerous propensities of a product B) shows negligence in product design C) fails to assemble a product carefully D) conceals a defect in a product

D. Conceals a defect in a product

11) The obligation people owe each other not to cause any unreasonable harm or risk of harm is termed as ________. A) libel B) res ipsa loquitur C) the Good Samaritan law D) duty of care

D. Duty of care

40) Which of the following is true of the World Wide Web? A) Only businesses—not individuals—can have their own websites. B) Individuals need not register with a service provider to access the web. C) A website can have several online addresses. D) Each website must have a unique online address.

D. Each website must have a unique online address.

7) Elizabeth signs a contract to purchase a new car from Spadace Motors. She is yet to pay for the car and thus Spadace Motors has not delivered the car to Elizabeth. This is an example of a(n) ________ contract. A) void B) unenforceable C) executed D) executory

D. Executory

39. The ________ Clause prevents the government from enacting laws that either prohibit or inhibit individuals from participating in or practicing their chosen religions. A. Due Process B. Privileges C. Establishment D. Free Exercise

D. Free exercise

16) Gregory Aimes, who is being tried for murder, has appointed Linda Steve as the attorney for his defense. When being questioned about the case, Gregory confesses to Linda that he committed the murder. Linda cannot divulge this information to the proper authorities due to the attorney-client privilege wherein all information exchanged between the client and the attorney is confidential. Under which of the following conditions can Linda lawfully break away from her attorney-client privilege with Gregory? A) if Gregory asks that Linda be replaced as his attorney B) if Linda voluntarily resigns as Gregory's attorney C) if Gregory is acquitted of all charges in the case D) if Gregory discloses a planned future murder to Linda

D. If Gregory discloses a planned future murder to Linda.

18) A term in a contract that can reasonably be supplied by the courts is referred to as a(n) ________. A) intent term B) unconditional term C) objective term D) implied term

D. Implied term

29) Techstate, a hardware manufacturer in the United States, has an existing contract with a client based in the Republic of Karthasia, which is going through a domestic political crisis. The resulting upheaval in that country has led to some of the shipments to the client being destroyed by warring factions. As a sanction against the country, the United States government places an embargo on all exports to that country by U.S. firms. What will be the state of the contract between Techstate and the client in Karthasia after the embargo? A) It will be terminated due to destruction of subject matter. B) It will be terminated due to incompetency of the offeror. C) It will be terminated due to lapse of time. D) It will be terminated due to supervening illegality.

D. It will be terminated due to supervening illegality.

49) Jessica is babysitting Kyle one afternoon when Kyle starts bleeding from his nose. Jessica manages to stop the bleeding and rushes out to the nearest pharmacy—three miles away—to get medication for him. While doing so, she locks the house from outside and asks Kyle not to leave the house until she returns. The only way he can get out of the house is by breaking a window. Due to a roadblock on her way back, Jessica is delayed by an hour. Which of the following statements is true in this case? A) Jessica is liable for kidnapping. B) Jessica is liable for negligence as well as breach of duty of care. C) Jessica can be sued for false imprisonment. D) Jessica is not liable for prosecution for an intentional tort.

D. Jessica is not liable for prosecution for an intentional tort.

53) A ________ is an owner of intellectual property or informational rights who transfers rights in the property or information to another party. A) lessor B) lessee C) licensee D) licensor

D. Licensor

6) Which of the following is true of enforcing a contract? A) A contract is only considered valid if it is enforceable by both parties. B) In an unenforceable contract, at least one party has the option to void his or her contractual obligations. C) Void contracts are enforceable in cases involving mutual mistakes. D) Parties may voluntarily perform a contract that is unenforceable.

D. Parties may voluntarily preform a contract that is unenforceable.

1) A collection of criminal statutes is referred to as a ________. A) constitution B) bill C) charter D) penal code

D. Penal Code

8) Which of the following torts constitutes battery? A) stealing a person's wallet B) threatening to shoot a person C) blackmailing a person D) poisoning a person's drink

D. Poisoning a persons drink

22. What function of the law is being served when passing laws that prohibit discrimination at workplaces? A. keeping the peace B. providing a basis for compromise C. maintaining the status quo D. promoting social justice

D. Promoting social justice.

6. Jeremy crashes his friend John's car because he is an incompetent driver. Emily, John's sister, is outraged and wants John to sue his friend. John refuses to file a case against his long-time friend. Which of the following is Emily allowed to do in this situation? A. She can sue Jeremy on John's behalf, as she has standing to sue. B. She can sue Jeremy, provided that John gives his consent. C. She can file a case in the state court where she will have standing to sue. D. She cannot sue Jeremy as she has no stake in the outcome of the case.

D. She cannot sue Jeremy as she has no stake in the outcome of the case.

48) Which of the following actions would make Sarah liable for battery? A) She publishes an article asking the current U.S. President to quit because she thinks he is not doing a good job. B) She extends her backyard fence, encroaching on two feet of her neighbor's land. C) She smuggles marijuana into the country. D) She slaps her ex-husband because he denied her alimony.

D. She slaps her ex-husband because he denied her alimony.

26. A(n) ________ is a written law enacted by the legislative branch of the federal and state governments that establishes certain courses of conduct to which covered parties must adhere. A. charter B. treaty C. executive order D. statute

D. Statute

41) ________ is a tort doctrine that makes manufacturers, distributors, wholesalers, retailers, and others in the chain of distribution of a defective product liable for the damages caused by the defect, irrespective of fault. A) Absolute liability B) Contingent liability C) Superior responsibility D) Strict liability

D. Strict liability

49. Sue, a resident of the state of New York, is visiting her aunt in Iowa. On her way, her car is hit by Jerry, a resident of the state of Iowa who is drunk. Sue is injured in the accident. Which of the following actions is Sue allowed to take? A. Sue can sue Jerry and bring the case to Iowa state court provided that the dollar amount of the controversy exceeds $75,000. B. Sue can file a case against Jerry in the New York state court as she is a resident of that state. C. Sue can file a case against Jerry only in the Iowa state court as this is a matter that involves state negligence law. D. Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

D. Sue can sue Jerry and bring the case to Iowa federal court as this is a case that involves diversity of citizenship.

17) Which of the following would violate the Double Jeopardy Clause? A) The criminal act violates more than one jurisdiction, and each jurisdiction tries the accused in turn. B) A case reaches a hung jury in court, and the government reopens the case with a new jury. C) A person is tried for a case similar to one of which he was acquitted earlier. D) The government reopens a case after new incriminating evidence is found against an acquitted person.

D. The government reopens a case after new incriminating evidence is found against an acquitted person.

51) Which of the following would violate the Double Jeopardy Clause? A) The criminal act violates more than one jurisdiction, and each jurisdiction tries the accused in turn. B) A case reaches a hung jury in court, and the government reopens the case with a new jury. C) A person is tried for a case similar to one of which he was acquitted earlier. D) The government reopens a case after new incriminating evidence is found against an acquitted person.

D. The government reopens a case after new incriminating evidence is found against an acquitted person.

16) Which of the following statements is true of an offer that was not communicated? A) The offer stays valid for 30 days from the date of creation. B) The offer cannot be accepted by the offeree if not communicated. C) The offeree can claim an offer that was not communicated. D) The offer is considered to be an implied term.

D. The offer is considered to be an implied term.

30) An offer is terminated on the grounds of "lapse of time" if ________. A) the offeror dies before the offeree has accepted the offer B) the offer is not communicated to the offeree C) the offeror has communicated to the offeree a set time which is not mentioned in the offer D) the offer is not accepted within a stated time period

D. The offer is not accepted within a stated time period.

44) John buys a watch for $100 at a vintage store. Later, the store learns that the watch was worn by Sean Connery in a James Bond movie and wishes to rescind the sales contract they have with John. Which of the following statements is true in this scenario? A) The store can rescind the contract immediately and refund $100 to John. B) The store can recover from John the difference between the value of the watch and the amount paid by John. C) The store can declare the contract void and pay John no money. D) The store cannot rescind or void the contract.

D. The store cannot rescind or void the contract.

36) How are additional terms in an acceptance to a contract viewed under the common law? A) They are viewed as proposed additions to the contract. B) They are seen as a counteroffer. C) They are allowed into the contract by the battle of the forms rule. D) They must be accepted under the mirror image rule.

D. They must be accepted under the mirror image rule.

48. In the U.S. Supreme Court, if a majority of the justices agree as to the outcome of a case but not as to the reasoning for reaching the outcome, it is a ________ decision. A. unanimous B. majority C. plurality D. tie

D. Tie

2) Which of the following statements is true of contracts? A) The offeror is the party to whom an offer to enter into a contract is made. B) An offeree is the authority that supervises the signing of a contract. C) A contract is created when the offer is made and before it is accepted. D) To have an enforceable contract, there must be mutual assent by the parties.

D. To have an enforceable contract, there must be mutual assent by the parties.

9) Michael wanted to shoot Gary but accidentally injured Stella with the bullet. Which of the following can Stella use to recover damages from Michael? A) doctrine of unintentional tort B) doctrine of proximate cause C) doctrine of negligence D) transferred intent doctrine

D. Transferred intent doctrine

24) The ________ is a model act passed in 1949 that includes comprehensive laws that cover most aspects of commercial transactions. A) Gramm-Leach Bliley Act B) Social Security Amendment C) Uniform Sales Act D) Uniform Commercial Code

D. Uniform Comercial Code

54. What is cross-examination? A. inspection of evidence by the trier of facts B. prospective jurors being questioned by the judge or lawyers of each party C. witnesses being questioned by the plaintiff's attorney D. witnesses being questioned by the defendant's attorney

D. Witness being questioned by the defendants attorney.

10) If a person did not have knowledge that his representation of facts was false, he is still liable for fraud. A) True B) False

False

10) True/False An implied-in-law contract is a contract in which agreement between parties has been inferred from their conduct.

False

13. In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings. A. True B. False

False

14) The Eighth Amendment prohibits capital punishment. A) True B) False

False

14. A deposition is oral testimony given by a party or witness during the trial. A. True B. False

False

17) True/False An agreement is created when the offeree receives the offer.

False

18. The complaint and summons are served on the plaintiff. A. True B. False

False

20) True/False An offeror can revoke his or her offer even after an agreement or acceptance has been reached.

False

20. A state can enact a law that prevents residents of other states from owning property or businesses in that state. A. True B. False

False

25) In a negligence lawsuit, parties who were not actually negligent are also liable to the plaintiff. A) True B) False

False

31. E-commerce is not subject to the Commerce Clause of the Constitution as most businesses that conduct e-commerce over the Internet do not have any physical location. A. True B. False

False

33) Modification to a sales or lease contract is binding even if it is made under duress. A) True B) False

False

34) The firm offer rule allows the offeror to revoke an offer at any point of time prior to its acceptance. A) True B) False

False

39) Strict liability applies to services but not products. A) True B) False

False

4) True/False If the law requires that a contract be in writing, failure of such a contract to be in writing does not impact its enforcement.

False

42. Strict scrutiny tests are applied to classifications that do not involve a suspect or protected class. A. True B. False

False

43. The Equal Protection Clause of the Fourteenth Amendment provides that a state cannot promote one religion over other religions. A. True B. False

False

49) True/False When one party takes specific action to cover a material fact from another party, fraud by enticement occurs.

False

5) True/False A contract that has been fully performed by both sides is called an executory contract.

False

50. The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court. A. True B. False

False

51. Negotiation is a procedure whereby the parties choose an impartial third party to hear and decide the dispute. A. True B. False

False

53. In a jury trial, the judge is the trier of fact. A. True B. False

False

54) Crimes committed by businesspersons are referred to as blue-collar crimes.

False

7. The federal court must apply federal laws in deciding diversity of citizenship cases. A. True B. False

False

8. The U.S. Supreme Court hears new evidence and testimony that was not permitted in the U.S. district court. A. True B. False

False

Punitive damages are awarded only when there is no gross negligence. A) True B) False

False

10. Decisions of highest state courts are final unless a question of law is involved that is appealable to the U.S. Supreme Court. A. True B. False

True

11) True/False Express contract can be stated orally.

True

11. The process of bringing, maintaining, and defending a lawsuit is generally referred to as litigation. A. True B. False

True

12. Motions for summary judgment are supported by evidence outside of the pleadings. A. True B. False

True

13) If a defendant's act caused a plaintiff's injuries, there is causation in fact. A) True B) False

True

13) True/False An offer to create a unilateral contract can be revoked by the offeror any time prior to the offeree's performance of the requested act.

True

15. In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs. A. True B. False

True

16. A defendant can answer a complaint and file a cross-complaint at the same time. A. True B. False

True

17) Negligence requires a defendant to be at fault for causing the plaintiff's injuries. A) True B) False

True

17. If the defendant does not answer the complaint, a default judgment is entered against him or her. A. True B. False

True

19. The Privileges and Immunities Clause prohibits states from enacting laws that unduly discriminate in favor of their residents. A. True B. False

True

2. A plaintiff, by filing a lawsuit with a court, gives the court in personam jurisdiction over him- or herself. A. True B. False

True

21) A manufacturer of matches is not strictly liable if an arsonist uses its matches to burn down a building. A) True B) False

True

21) True/False A rejection of an offer is not effective until it is actually received by the offeror.

True

22) When a drug manufacturer places prescription drugs in containers that can be easily opened by children, the manufacturer can be subjected to strict liability action due to defect in packaging. A) True B) False

True

24) Intentional misrepresentation occurs when a seller or lessor conceals a defect in a product. A) True B) False

True

27) An ethically wrong state or condition can still be legal. A) True B) False

True

27) Article 2 of the Uniform Commercial Code (UCC) is also applied by federal courts to sales contracts governed by federal law. A) True B) False

True

30) Kantian ethics is based on the premise that people can use reasoning to reach ethical decisions. A) True B) False

True

31) A sales contract evidenced by writing cannot be contradicted by a prior oral or written agreement. A) True B) False

True

31) Ethical relativism holds that moral standards ought to be based on an individual's feelings of what is right or wrong. A) True B) False

True

32) As per the Statute of Frauds provisions, all contracts for the sale of goods costing $500 or more must be in writing. A) True B) False

True

32. If the federal government has chosen not to regulate an area of commerce despite possessing the Commerce Clause powers to regulate it, the area is subject to Dormant Commerce Clause. A. True B. False

True

34) Utilitarianism postulates doing the greatest good for the greatest number of people. A) True B) False

True

35) True/False A promissory estoppel is usually used to provide a remedy to a party who has relied on another party's promise.

True

37) Intentional misrepresentation occurs when a wrongdoer deceives another person out of money, property, or something else of value. A) True B) False

True

37) True/False Contracts falling under past consideration are unenforceable.

True

37. The Establishment Clause guarantees that there will be no state-sponsored religion. A. True B. False

True

38) The liability of manufacturers, sellers, lessors, and others for injuries caused by defective products is commonly referred to as product liability. A) True B) False

True

38. The Supreme Court has held that the content of offensive speech may not be forbidden but that it may be restricted by the government. A. True B. False

True

4) If a nurse administers CPR to save the life of a dying man and negligently injures the man's arm in the process, the nurse cannot be sued as he or she is protected by Good Samaritan statutes. A) True B) False

True

40) Privity of contract between the plaintiff and the defendant is not required in a strict liability suit. A) True B) False

True

48) The World Wide Web consists of computers that support a standard set of rules for the exchange of information called Hypertext Transfer Protocol. A) True B) False

True

49) ISPs provide e-mail accounts to users, Internet access, and storage on the Internet. A) True B) False

True

5) A homeowner is liable for negligence per se if he or she fails to repair a damaged sidewalk in front of his or her home and a pedestrian who trips on the unrepaired sidewalk is injured. A) True B) False

True

50) A Web contract is enforceable only if it meets the requirements of a traditional contract. A) True B) False

True

8) A person charged with a crime in the United States is presumed innocent until proven guilty. A) True B) False

True

9. No new evidence or testimony is heard in the state supreme courts. A. True B. False

True

Assumption of risk is a defense a defendant can use against a plaintiff who knowingly and voluntarily participates in a risky activity that results in injury. A) True B) False

True