Business Law and Ethics Final Review True/False
After the age of majority, the power to disaffirm is immediately cut off if the person ratifies the contract.
True
A breach of warranty is not a breach of contract.
False
A causal connection between the duty and the breach of the duty is called causation.
False
A contract can only be ratified by an explicit statement made orally or in writing.
False
A covenant is a promise never to sell the land in a family trust.
False
A failure to respond at all to an offer can be construed as an acceptance.
False
A mobile home that is being towed is considered real property.
False
A mutual mistake about the law applicable to the contract will render the contact void.
False
A person need not be supervised to be classified as an employee.
False
A person released on his or her own recognizance must post a bond.
False
A promise to make a gift to a charitable organization can be made enforceable by the charity sending a written request for the money to the potential donor within 30 days.
False
A store display of a MP3 player marked 121.00 would be an offer.
False
A trust created for the fulfillment of an altruistic purpose is known as a spendthrift trust.
False
A violation of the duty need not be proved before the injured party can collect damages.
False
A warranty against infringement basically requires that the goods be fit for the ordinary purposes for which such goods are used.
False
A warranty is a statement about a product's qualities or performance and therefore is not governed by the UCC.
False
Active concealment of a material fact nonetheless leaves the resultant contract valid.
False
Administrative agencies are usually controlled by the judicial branch go government.
False
All contracts have to be in writing to be enforceable.
False
All employees are entitled to due process before being discharged.
False
All torts require that the defendant intended to injure the plaintiff.
False
Although a promise to perform an existing private duty cannot be consideration, a similar promise to perform an existing public duty can be consideration.
False
An ex-parte injunction is issued by a judge after hearing both sides of an argument in a labor dispute.
False
An expert witness performs the cross examination.
False
Answers are typically filed in order to call defendants to court.
False
Any person who drinks an alcoholic beverage lacks the legal capacity to make a valid binding contract.
False
Any person who performs a task with financial value for another person is an employee.
False
Any records made on juvenile cases are open to the public.
False
Appellate courts usually decide whether there were errors of law and errors of fact in the trial.
False
Battery and negligence are intentional torts.
False
Codicils can be made to accomplish any conceivable legal purpose.
False
Collective bargaining is the process of negotiating a binding employment contract by the union and the courts.
False
Dissaffirmance of a contract has to take place with sixty days once ratification occurs.
False
Ethical reasoning about right and wrong is based solely on consequences.
False
Generally, a promise to make a gift is enforceable.
False
Generally, what the parties give and get as consideration need to be of equal economic value.
False
If a person finds and returns a watch for which a reward is offered but does not know of the reward offer, the person is still entitled to the reward.
False
If a tenant has added fixtures to the realty, they may be removed at the end of the lease.
False
If management denies voluntary recognition, the union can conduct a representation election.
False
If the offeree gives the offeror something of value in return for a promise to keep the offer open, this agreement is itself a binding contract and is called a counteroffer.
False
In labor-management relations, only federal laws exist.
False
In the state court system, is is the marshal's duty to summon witnesses and keep order in the court.
False
It is not a crime to buy property that you know has been stolen
False
Laws in this country are created only at the federal and state levels of government.
False
Minority ends the day after the birthday of the age of majority.
False
Minors are not usually liable for their torts.
False
Minors have contractual capacity.
False
Obscenity is judged on a national standard.
False
Once made, a will cannot be changed or canceled.
False
Only written employment contracts are valid.
False
Parties that cancel their contract obligations by rescission cannot get back what they've already put into the contract.
False
Past performance by one party to a contract is always legally sufficient consideration for a new promise by the second party.
False
The Bill of Rights consists of the first ten amendments to the U.S. Constitution plus the Thirteenth, Fourteenth, and Fifteenth Amendments added after the Civil War.
False
The Laws, or enforceable rules of conduct in a society, do not reflect the culture and circumstances that create them.
False
The Senate can block any action of the House, but the House cannot block any action of the senate.
False
The United States Supreme Court has original jurisdiction over all cases in the country.
False
The creator of a trust is known as the trustee.
False
The existence of a duty in criminal law is usually proved in court by the testimony of an expert witness.
False
The goal of civil disobedience is to advance the self-interest of one group over another.
False
The goal of the juvenile courts is to match the punishment with the crime.
False
The issue of jurisdiction is a settled area in cyber law.
False
The person to whom an offer is made is termed the offeror.
False
The person who hired an independent contractor usually is liable for the contractor's torts.
False
The property taxes are the responsibility of the tenant unless there is a contrary agreement.
False
The question of jurisdiction is based on two legal considerations: the laws of the state in which the case is filed and the long arm of the law.
False
The requirement that the acceptance must exactly match the offer for an agreement to be legally effective is known as the reverse image rule.
False
The right to withdraw an offer before it is accepted is known as the right of redemption.
False
The riparian rights system and the prior appropriation system are used for regulating the mineral rights or property.
False
The standard for necessaries cannot vary form one person to another.
False
The state supreme courts issue the final decision on all matters of law appealed to them.
False
The world's two great systems of law are the English common law and the Napoleonic Code.
False
Those who die without a valid will are said to have died testate.
False
Unlike other methods of acceptance, a mailed acceptance is effective only when received by the offeror.
False
When a decision is made by a mediator, it is binding on the parties to the dispute.
False
When there is a jury, the judge decides the issues of both law and fact.
False
You will not be bound to a contract you have not read, even if you sign it.
False
Puffing and warranties are both statements of fact.
Falst
A Miranda warning must be issued for most confessions to be valid.
True
A buyer of real property usually purchases the surface rights, rights to the air space above the land, and in most states the rights to the earth beneath the surface of the land.
True
A clear rejection terminates an offer.
True
A contract that lacks the genuine assent of the parties to it is typically voidable.
True
A debt discharged through the debtor's bankruptcy proceeding can be reaffirmed by the debtor without any additional consideration for the subsequent promise to repay.
True
A grant of immunity can eliminate a person's right to refuse to testify on the grounds of self-incrimination.
True
A party who violates an express term is liable for breach.
True
A promise not to join a union was a requirement of the low-dog contracts.
True
A promise unsupported by consideration is generally unenforceable.
True
A repudiation or renunciation of a right or power typically or legally vest in a person is a disclaimer.
True
A resulting trust is formed when the entity intended to receive the benefit of an express trust cannot do so.
True
A voluntary termination of a lease before its expiration occurs when the tenant surrenders the lease and he landlord accepts it.
True
A will is a legal expression by which a person directs how his or her property is to be distributed after death.
True
An independent contractor receives pay without supervision.
True
Before 1842, the courts classified union as criminal conspiracies.
True
Being able to show fraud allows a victim to recover punitive damages in addition to being able to utilize other remedies.
True
Committing an act of violence to obtain a signature on a written contract is duress.
True
Common employment interests should be included in the bargaining unit.
True
Competition if the driving force behind the creation and improvement of products and services.
True
Consideration is what the promiser demands and generally must receive in order to make his or her promise legally binding against him or her.
True
Constructive eviction allows the tenant to withhold rent.
True
Contributory negligence is a defense to the tort negligence.
True
Even though political parties are very important in the selection of candidates for federal offices, they are not mentioned in the Constitution.
True
Generally, all the jurors must vote for conviction before a person con be convicted of a crime.
True
If a contract's termination clause gives a party the right to terminate for any reason whatsoever, that party's promise to perform would be illusory and non-binding as consideration.
True
In the United States, law courts and equity courts generally are merged.
True
Incapacitated parties need to pay only the fair market value rather than the contracted price of necessaries.
True
Merchantability requires that any warranty protection that is customary in the trade by extended to all buyers.
True
Minor individual suits would not often be heard if not for the small claims courts.
True
Money damages received as a result of a tort is intended to compensate for the injury.
True
Most tort duties are defined by state law.
True
New drugs cannot be marketed in this country without FDA approval.
True
Now most labor relations problems are resolved by the National Labor Relations Board.
True
Payroll deductions are taken from the employee's paycheck by the employer.
True
People acting outside the scope of their authority are generally personally liable whenever the organization is not.
True
Permanency of the attachment will determine if a structure is real property or personal property.
True
Product liability laws have increased in recent years to protect injured plaintiffs.
True
Punitive damages are always available where an intentional has been committed.
True
Regardless of whether a misrepresentation is innocent or fraudulent, the resulting contract is voidable by the party to whom the misrepresentation is made.
True
Some statutory provisions allow certain relatives to override the will's terms and receive more of the estate than the will provided.
True
The Clayton Act exempted unions from the Sherman Antitrust Act.
True
The Internet began as a collaboration between the government and academic computers.
True
The Supreme Court of the United States is the final interpreter of the federal Constitution.
True
The agency that deals with discrimination int he workplace is the Equal Employment Opportunity Commission. (EEOC)
True
The doctrine of stare decisis requires lowers courts to follow established case law in deciding similar cases.
True
The federal Magnuson-Moss Warranty Act applies only to written warranties on certain products sold to consumers.
True
The history of U.S. labor law reveals great hostility toward unions.
True
The maintenance of the common areas is the responsibility of the landlord.
True
The minimum wage and overtime requirements of the law do not apply to executives, administrators, and professional workers.
True
The party lacking capacity can generally disaffirm contracts for goods and services that are not necessaries; yet the party lacking capacity can enforce them against the party with capacity.
True
The payment of money for the release of an unliquidated tort claim is adequate consideration to make the release enforceable.
True
The property of the deceased escheats to the state if there are no inheritors.
True
The prosecution and the defense may issue a subpoena.
True
The right of privacy is not specifically mentioned int eh Constitution or the Bill of Rights.
True
The state legal system, as well as the federal, has three branches of government.
True
The system of law in the United States is based on English common law.
True
The three elements of most crimes are the duty, the breach of the duty, and criminal intent.
True
There are thirteen federal courts of appeal.
True
To be classified as an employee, a person must be receiving pay.
True
Trusts are named by the timing and purpose of their creation.
True
What is a crime for an adult is juvenile delinquency for a minor.
True
When the dominating party to a confidential relationship exerts irresistible pressure on the dominated party to enter into a contract that benefits the former, undue influence occurs.
True
While an implied-in-fact contract does not have its terms expressly stated the terms can be inferred from the parties' acts or conduct.
True