Business Law Ch 1,2,5,6,7

The use of a non-judicial neutral third party that helps parties reach a binding resolution of their dispute is the process of: mediation arbitration summary jury trial settlement

ARBITRATION

_____ imposes liability on those who initiate legal proceedings, whether criminal or civil, for a primary purpose other than the one for which the proceedings were designed. Malicious prosecution Wrongful use of civil proceedings Abuse of process Tort of deceit

Abuse of process

A defense to negligence where the injured party placed themselves in a position where they consented to a known danger is: Contributory negligence Assumption of risk Comparative negligence Negligence per se

Assumption of risk

The formal procedure that records an arrest is which of the following? Booking Indictment Initial appearance Arraignment

Booking

Which of the following is the correct sequence of events during a criminal procedure? nitial appearance, booking, preliminary hearing, indictment Preliminary hearing, booking, initial appearance, indictment Booking, initial appearance, preliminary hearing, indictment Preliminary hearing, initial appearance, booking, indictment

Booking, initial appearance, preliminary hearing, indictment

Which of the following comes into effect when there is no applicable statute or other type of law and if social and public policies require the gap to be filled? Ordinances Treaties Common law Correct Public law

COMMON LAW

Imprisonment and fines are examples of: Equitable remedies Procedural law Legal remedies Criminal penalties Correct

CRIMINAL PENALTIES

Which of the following comes into effect when there is no applicable statute or other type of law and if social and public policies require the gap to be filled? Ordinances Treaties Common law Correct Public law

Common law

____ is the plaintiff's failure to exercise reasonable care for her own safety. Assumption of risk Strict liability Proximate cause Contributory negligence

Contributory negligence

_____ is the defendant's intentional exercise of dominion or control over the plaintiff's personal property without the plaintiff's consent. Trespass Nuisance Assault Conversion

Conversion

What is mens rea? Presumption of innocence Probable cause Actual knowledge Criminal intent

Criminal intent

Imprisonment and fines are examples of: Equitable remedies Procedural law Legal remedies Criminal penalties

Criminal penalties

Which of the following is the most important type of "motion to dismiss"? Demurrer Affirmative defense Interrogatory Counterclaim

DEMURRER

In discovery, a(n) _____ employs the oral examination of the other party or of a likely witness, usually from the other party. deposition interrogatory request for admission demurrer

DEPOSITION

In which of the following cases is there a liability for battery? A boxer is injured by his opponent during a match. A man brushes against another in a crowded street. Roy taps Kelly on the shoulder to ask her for directions. Deborah throws a stone at Miranda, but hits Jack instead.

Deborah throws a stone at Miranda, but hits Jack instead.

Which of the following takes the case away from the jury and provides a judgment to one party before the jury gets a chance to decide the case? Discovery General verdict Directed verdict Pretrial conference

Directed verdict

Which of the following would not be an example of an abnormally dangerous activity? Crop dusting Blasting Stunt flying Driving a car

Driving a car

Which of the following forms the basis of the exclusionary rule? A person has the right to remain silent during custodial interrogation. Evidence seized in illegal searches cannot be used in a subsequent trial. Correct Federal agencies require special powers in order to prevent terrorist activities. A person cannot be tried twice for the same crime.

Evidence seized in illegal searches cannot be used in a subsequent trial.

Sometimes, people may put in a clause/provision that purports to relieve the defendant of a duty of care he would otherwise owe to the plaintiff. What is this provision called? Strict liability clause Exculpatory clause Intervening cause Actual cause

Exculpatory clause

2-Minor criminal cases and civil disputes are originally decided in the appellate courts.

FALSE

5-A defendant must be proven guilty by a preponderance of the evidence in criminal prosecutions.

FALSE

A licensee enters the property for a purpose connected with the possessor's business but without the possessor's consent.

FALSE

Consensual confinement may constitute false imprisonment.

FALSE

Contributory negligence is a defense available to defendants in most all states.

FALSE

Judges with lifetime tenure cannot be removed from office.

FALSE

Jury trials are conducted at the appellate court level.

FALSE

No search is ever allowed in the absence of a search warrant.

FALSE

Patent cases must be litigated in state courts.

FALSE

Proof that the defendant breached a duty guarantees that the plaintiff will win a negligence case.

FALSE

Special deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses.

FALSE

Substantive law controls and regulates the behavior of government bodies, mainly courts.

FALSE

The U.S. Constitution allows the use of ex post facto criminal laws.

FALSE

When determining whether a person is negligent, personal characteristics of the defendant may never be taken into consideration.

FALSE

The necessary intent for assault is different from the one required for battery.

FALSE Assault occurs when there is an intentional attempt or offer to cause a harmful or offensive contact with another person, if that attempt or offer causes a reasonable apprehension of imminent battery in the other person's mind. The necessary intent is the same as the intent required for battery.

For federal district court diversity jurisdiction to exist, the amount in controversy must be less than $75,000.

FALSE Diversity jurisdiction exists when (1) the case is between citizens of different states and (2) the amount in controversy exceeds $75,000.

The standard of proof in tort cases is beyond a reasonable doubt.

FALSE The standard of proof in tort cases is preponderance of the evidence. There are conditional privileges available in defamation cases—such as statements that were made during intracorporate communications.

Which of the following principles states that the U.S. Constitution, federal laws, and treaties are the supreme law of the land? Federal supremacy Correct Stare decisis Sociological jurisprudence Standing to sue some higher law binds all human beings in all times and places.

FEDERAL SUPREMACY

A clause in a contract that states that disputes between contracting parties must be litigated in a court in a particular state is known as: original jurisdiction clause forum selection clause judgment-proof selection clause specialty court provision clause

FORUM SELECTION CLAUSE

Restatements contain statutory laws, but not common law rules.

False

Restatements contain statutory laws, but not common law rules. T/F

False

Substantive law controls and regulates the behavior of government bodies, mainly courts.

False Substantive law sets the rights and duties of people as they act in society.

Which of the following principles states that the U.S. Constitution, federal laws, and treaties are the supreme law of the land? Federal supremacy Correct Stare decisis Sociological jurisprudence Standing to sue some higher law binds all human beings in all times and places.

Federal supremacy

Which constitutional amendment addresses the probable cause requirement for search warrants? Fourth Amendment Fifth Amendment Sixth amendment Eighth Amendment

Fourth Amendment

Which of the following helps a plaintiff seize the property that belongs to the defendant but is in the hands of a third party? Writ of execution Garnishment Lien Settlement

GARNISHMENT

Jurisdiction based on the presence of property within the state is called _____ jurisdiction. in rem in personam sui iuris subject-matter

IN REM

The major problem with having high level individuals be liable for crimes committed as a corporate act is which of these? Reinforcement of traditional notions of criminal law More responsibility on individuals Identification of responsible individuals The personal nature of guilt

Identification of responsible individuals

Public officials often lose defamation cases that they bring. What is the main reason for that? Lack of a good prosecution team Inability to prove actual malice Fear of negative publicity Media support for the defendants

Inability to prove actual malice

Which of the following is an example of a conditional privilege concerning statements made to promote a common interest? Intracorporate communication Employee reference Opinion polls Media reporting

Intracorporate communication

Why is the Racketeer Influenced and Corrupt Organizations Act (RICO) considered a compound statute? It requires proof of predicate offenses. It aids law enforcement. It is a controversial piece of legislation. It covers civil litigation.

It requires proof of predicate offenses.

Jake is driving his car along the highway when Blake, his colleague with whom he has been having some problems, passes him on his bike. Blake looks menacingly at him and says "Jake, you are going to pay for what you did to me in the office." Jake decides to press assault charges against Blake and immediately calls the police. Jake will win because Blake threatened him. Jake will win because there is the intent to harm. Jake will lose because threatening words alone do not amount to assault. Jake will lose because the problems in the office are his own fault.

Jake will lose because threatening words alone do not amount to assault.

Jerry is extremely angry with Joe, his boss, for firing him. He forces his way into Joe's office, tries to punch him and push him down the office steps. However, he accidently hits Leandro, who falls down the steps and breaks his hand. Which of the following is true of the case? Jerry is liable to Leandro under the concept of ''transferred intent.'' Leandro cannot sue Jerry because he was not the intended victim. Jerry is liable to Leandro for injury, but not battery. Joe is liable to both Jerry and Leandro for causing the entire problem.

Jerry is liable to Leandro under the concept of ''transferred intent.''

_____ refers to written or printed defamation or to other defamation having a physical form. Libel Correct Slander Nuisance Conversion

LIBEL

A type of ADR in which a neutral third party is involved, who generally makes non-binding decisions, is which of these? arbitration settlement minitrial mediation

MEDIATION

Which of the following is not a type of equitable relief granted by courts? Money damages Correct Reformation Injunctions Specific performance

MONEY DAMAGES

Which of the following is not a type of equitable relief granted by courts? Money damages Correct Reformation Injunctions Specific performance

Money damages

Which of the following describes depositions? Written questions directed to a party, answered in writing, and signed under oath. Documentary evidence introduced at trial. Oral examinations of a party by the opposing party's attorney. Written statements made during arbitration.

Oral examinations of a party by the opposing party's attorney.

_____ concerns arise because it may sometimes seem unfair to hold a defendant liable for all the injuries actually caused by his breach. Proximate cause Actual cause Exculpatory clause Strict liability

Proximate cause

Damages designed to punish flagrant wrongdoers and to deter them, as well as others, from engaging in similar conduct in the future are: Punitive damages Compensatory damages Liquidated damages Special damages

Punitive damages

Which of these is a doctrine in negligence that allows for liability when "the thing speaks for itself?" Res ipsa loquitur. Certiorari. Habeas corpus. Quo warranto.

Res ipsa loquitur.

The doctrine of _____ requires that the plaintiff have some direct, tangible, and substantial stake in the outcome of a litigation. stare decisis ejusdem generis privative clause standing to sue

STANDING TO SUE

Applying prior cases to decide present ones falls under the doctrine of: standing to sue. stare decisis. Correct ejusdem generis. plain meaning.

STARE DECISIS

_____ are created by elected representatives in Congress or a state legislature. Common laws Statutes Correct Precedents Restatements

STATUTES

_____ are created by elected representatives in Congress or a state legislature. Common laws Statutes Precedents Restatements

STATUTES

An important equitable remedy is an injunction, which is a court order forbidding a party to do some act or commanding her to perform some act.

TRUE

Criminal suspects must be read their Miranda rights before their custodial interrogation can begin.

TRUE

Interrogatories are a form of discovery requiring a party to file written answers to questions submitted to that party.

TRUE

It is easier to prove the existence of an actual cause than a proximate one.

TRUE

Libel is usually written defamation while slander is mainly oral in nature.

TRUE

Negligence law rests on the premise that members of society normally should behave in ways that avoid the creation of unreasonable risks of harm to others

TRUE

The Fourteenth Amendment's Equal Protection Clause prohibits criminal statutes that discriminatorily treat certain persons of the same class or arbitrarily discriminate among different classes of persons.

TRUE

The enactments made by counties and municipalities are called ordinances.

TRUE

6- Battery is the intentional and harmful or offensive touching of another without his consent.

TRUE Battery is the intentional and harmful or offensive touching of another without his consent.

In rem jurisdiction is based only on the fact that the property of the defendant is located within the state.

TRUE In rem jurisdiction is based on the presence of property within the state and it empowers state courts to determine rights in that property even if the persons whose rights are affected are outside the state's in personam jurisdiction.

__________ prohibits cruel and unusual punishment for those convicted of a crime. The Sixth Amendment The Seventh Amendment The Eighth Amendment The Ninth Amendment

The Eighth Amendment

Which of the following is a characteristic of legal realists? They define law as that which is codified in the books. They sometimes believe in the use of discretionary powers. Correct They are mostly concerned with the interpretation of law. They believe that "law is law, just or not."

They sometimes believe in the use of discretionary powers.

Which of the following is a characteristic of legal realists? They define law as that which is codified in the books. They sometimes believe in the use of discretionary powers. Correct They are mostly concerned with the interpretation of law. They believe that "law is law, just or not."

They sometimes believe in the use of discretionary powers.

An important equitable remedy is an injunction, which is a court order forbidding a party to do some act or commanding her to perform some act. T/F

True

The enactments made by counties and municipalities are called ordinances.

True

The practice of judges following the decisions of other judges in similar cases is formalized in the doctrine of stare decisis.

True

The practice of judges following the decisions of other judges in similar cases is formalized in the doctrine of stare decisis. T/F

True Judges often adopt the practice of following the decisions of other judges in similar cases, called precedents; this practice is formalized in the doctrine of stare decisis (let the decision stand).

Which of the following may be changed to ensure a fair trial? Personal jurisdiction Venue Subject-matter jurisdiction In rem jurisdiction

VENUE

A court, following stare decisis, may decide not to use a common law rule from an earlier case in which of these situations? Only when the case concerns a government agency. When the court distinguishes the earlier decision. Correct Only when the parties involved jointly appeal to the courts to do so. The doctrine of stare decisis does not allow this kind of a situation.

When the court distinguishes the earlier decision.

The Double Jeopardy Clause prohibits which of the following? a second criminal trial when found not guilty in the first criminal trial for the same offense cruel and unusual punishment bench trials during criminal proceedings ineffective assistance of counsel during criminal trials

a second criminal trial when found not guilty in the first criminal trial for the same offense

Questions of proximate cause assume the existence of _____. intervening cause strict liability actual cause comparative fault

actual cause

Statements of pure opinion do not amount to defamation: because they reflect freedom of speech. because they are not statements of "facts." unless they are political in nature. unless they concern a public figure.

because they are not statements of "facts."

Damages for direct and immediate harms caused by a tort, such as physical injuries and medical expenses are: liquidated damages compensatory damages punitive damages nominal damages

compensatory damages

Mike, 14, stole a gun from a gun store and proceeded to rob a local grocery shop in an adjoining neighborhood. He was arrested by the police a week after the robbery. Mike's best defense in this case would be: misdemeanor. premeditation. infancy. insanity.

infancy.

When a defendant violates an expectation of behavior established by a statute, administrative regulation, or an ordinance, some jurisdictions refer to this as: res ipsa loquitur causation negligence per se strict liability

negligence per se

Smells, noises, and lights that interfere with one's use and enjoyment of one's land are termed: conversions trespasses nuisances damages

nuisances

During a trial, a _____ enables the removal of jurors without having to show bias or other causes. summary judgment peremptory challenge demurrer directed verdict

peremptory challenge

Repeat offenses by previously punished offenders is called: felony. retribution. recidivism. misdemeanor.

recidivism.

The attempt to change the attitudes or values of convicted offenders in order to prevent similar behavior is termed: incapacitation. rehabilitation. indictment. retribution.

rehabilitation.

The doctrine of _____ requires that the plaintiff have some direct, tangible, and substantial stake in the outcome of a litigation. stare decisis ejusdem generis privative clause standing to sue

standing to sue

Applying prior cases to decide present ones falls under the doctrine of: standing to sue. stare decisis. Correct ejusdem generis. plain meaning.

stare decisis.

In ____ cases, the defendant is liable even though he did not intend to cause the harm and did not bring it about through recklessness or negligence. negligence per se actual cause strict liability tort

strict liability

Workers' compensation acts passed by most states early in this century are the most important examples of _____ legislation. negligence per se actual cause strict liability tort

strict liability

According to legal positivism, law is defined as: the command of a recognized political authority. Correct a set of universal, moral laws. the consensus of the masses. the behavior of public officials.

the command of a recognized political authority.

According to legal positivism, law is defined as: the command of a recognized political authority. Correct a set of universal, moral laws. the consensus of the masses. the behavior of public officials.

the command of a recognized political authority.

In the form of alternative dispute resolution (ADR) called court-annexed arbitration: a neutral third party is called in to mediate. trial courts decide on certain types of criminal lawsuits. the losing party has the right to a regular trial. civil lawsuits are sent to the Supreme Court for a hearing.

the losing party has the right to a regular trial.

Courts begin their interpretation of a statute with its actual language. If the statute's words have a clear, common, accepted meaning, courts often employ: legislative history. the golden meaning rule. the plain meaning rule. Correct general public purpose.

the plain meaning rule.

Insurance companies having reductions in coverage and increases in premiums have led some people to call for __________ because they feel the cause is an explosion of tort liability. tort reform labor reforms negligence cases free-trade

tort reform

A belief of most legal positivists is ______________ an unjust law is not law. validly enacted laws should be obeyed, just or not. Correct the law should keep up with changing times. some higher law binds all human beings in all times and places.

validly enacted laws should be obeyed, just or not.