Business Law Questions

"The right of the people to be secure in their persons, houses, papers,....is the:

Fourth amendment

Eminent domain is when:

Government takes private property for the benefit of other private parties

The part of the constitution that gives congress the authority to make laws to carry out powers granted to congress in the constitution is the:

Necessary and proper clause

Which is the correct order of stages for a typical lawsuit:

Pleadings, discovery, pretrial, trial, appeals

In situations when monetary damages are not practical or effective, the court may order a remedy in equity, these include:

Specific performance

The highest court in the United States is the:

Supreme court

Depositions, written interrogatories, orders for production of documents and requests for admissions are all examples of:

The tools of discovery

The screening process used to select jury members is called:

Voir dire

Property owners have:

A duty to inspect premises for dangers and correct the problem or warn invitees of the dangers

In an orderly society, law and the legal system to help:

All of the answers are part of the role of law

Which is generally recognized as the best (most correct) definition of law?

All of the other choices are correct; there is no one agreed upon best definition

State courts of limited or special jurisdiction include

all of the other choices are correct

The United States Constitution:

all of the other choices are correct

Which of the following can be a consequence of committing a crime

all of the other choices are correct

By the use of laws and the legal system, the government can:

all of the other choices are included

In addition. to judge-made common law, "law" includes:

all of the other choices are possible

In addition to judge-made common law, "law" includes:

all of the other choices can be correct

Which of the following would not be considered to be white collar crime:

all of the other choices would be white collar crimes

Bribes are:

all of the other specific choices

In general leases should include which of the following

all of the other specific choices are correct

Which of the following can be an example of tax evasion:

all of the other specific choices are correct

Which of the following is a right normally possessed by the holder of title property

all of the other specific choices are correct

tenants may not:

all of the other specific choices are correct

The defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as:

an answer

The U.S. Supreme Court is primarily

an appellate review court

The initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:

an arraignment

A business can become involved in tort action in all of the following ways EXCEPT

an employee commits a felony unrelated to his place of employment

Leased property is assumed at law to have:

an implied warranty of habitability

When a court orders someone not to do something, this is known as:

an injunction

A white collar crime means:

any number of crimes committed by person of respectability in their occupation

Both state and federal court systems have courts of ____, where the decisions of a lower court case can be taken for review

appellate jurisdiction

A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decisions is called:

arbitration

The most widely recognized form of alternative dispute resolution process is:

arbitration

warrantless searches

are allowed for closely regulated businesses

Waivers of liability or exculpatory clauses:

are allowed in many instances if clear to the party signing one

State constitutions

are the highest form of law within each state

Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:

assault

Defenses to a negligent act include:

assumption of the risk

In a tort of negligence, causation is:

a basic element linking one party's act and another's injury

A tort is:

a breach of a duty owed to another that causes harm

If there has been a lot of publicity surrounding a car, the defendant may request:

a change in venue

Along with a summons, the plaintiff serves the defendant with:

a copy of the complaint

Linda buys a house in Grover square. Her deed contains the following: " no homeowner in Grove square shall erect a fence of any sort around his or her property." this clause is:

a covenant

A case is:

a dispute between two or more parties that is resolved through the legal process

The purchase of property by two or more persons who have the same interest in the undivided possession of the property and has a right of survivorship is

a joint tenancy

Statutory law is:

a law enacted by a legislative body

a misdemeanor is

a less serious offense than a felony

A warranty is

a manufacturer's assurance that a product will meet certain quality and performance standards

As discussed in the chapter, which would be the best definition of crime

a positive or negative act that is an offense against a state or federal government

An easement is

a right to enter land owned by another and make certain use of it

The ownership of property by two or more persons who have an undivided interest in the property but has no right of survivorship is

a tenancy in common

When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as:

a tort against property

If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):

alibi

In an orderly society, law and the legal system help to:

all of the answers are part of the role of law

Which of the following is a part of the rules that govern behavior in most nations:

all of the choices are part of the rules

The first amendment provides protection for which of the following kinds of speech

all of the other choices

Zoning laws are typically used to:

all of the other choices

Failure by the trial judge to admit or exclude certain evidence, improper instructions being given to the jury, and the granting or denying of motions to dismiss the case are all:

bases for appeal

Intentional physical contact without consent may constitute:

battery

For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:

beyond a reasonable doubt that the person committed the crime

In a criminal trial, to be found guilty, the standard is guilt:

beyond a reasonable doubt.

Title insurance

binds the title company to insure that the title is as declared in the conveyance from the grantor to the grantee

Under the common law, judges usually decide cases based on

decisions from previous cases

Under the common law, judges usually decide cases based on:

decisions from previous cases

The party who is due in a law suit is the:

defendant

The party who is sued in a lawsuit is the

defendant

Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by:

deliberate deception

The law is ____ ethics, integrity, and morality

distinct form

Reckless or outrageous conduct that creates severe mental torment may be the tort of:

emotional distress

A____ is "an interest in land which is or may become possessor and is ownership measure in terms of duration."

estate

The U.S. Constitution created these branches of federal government

executive, legislative, and judicial

The intentional detention of a person may be the tort of:

false imprisonment

The most common form of real property ownership is:

fee simple

If a criminal offense is punishable by imprisonment for more than a year, it is probably a:

felony

a serious crime is a:

felony

For a person's negligent conduct to be legally linked to its consequences, the chain of events connecting the two must be:

foreseeable

A trust is:

form of property ownership created by the common law that separates the legal and beneficial ownership of property

Which of the following is an example of personal property

furniture

the commerce clause of the U.S constitution

gives Congress power to regulate business

Ethics, in the context of business practitioners:

has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization

Assume that Karen walks up to you and sips you in the face. You slap her back. She sues you for battery. In this case, you:

have a defense of self-defense

When a person deals in a security when in possession of non-public information, and they have an obligation not to reveal or use the information it is:

insider trading

The tort of assault is:

intentional conduct directed at a person that places the person in fear of immediate bodily harm

one well-known business tort is:

intentional interference with contractual relations

When false information is intentionally presented as fact there may be a tort of:

intentional misrepresentation

The use of a person's name or picture without permission is an example of the tort of:

invasion of privacy

The tort of emotional distress:

involves conduct that is so outrageous that it creates severe mental or emotional distress in another person.

A misdemeanor generally

is a crime punishable by less than a year in prison

The decision of an arbitrator:

is binding on the parties as if it were a court decision

Real property differs from personal property in that real property

is immovable while personal property is moveable

In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property:

is safe for public admission

Precedent is when:

judges use decisions from earlier cases for guidance in legal principals to solve cases

The party bringing a lawsuit must choose a court with:

jurisdiction over the defendant

The term "common law" refers to:

law made and applied by judges

The___ is primarily concerned with harms suffered by buyers and other parsons who use defective products

law of product liability

The term common law refers to

law passed by a state's legislature

With respect to the relation between morality and legality

legality does not always imply morality

The tort of printed or written defamatory communication is:

libel

Federal judges are appointed for:

life

If one has the right to occupy a piece of property until their death, at which point title to the property passes to heirs who have been named by the owner of the property, there is a:

life estate

Integrity means:

living by a moral code and standards of ethics

Rules governing such matters as building regulations and zoning are called:

local ordinances

Federal crimes, bankruptcy, patents, and copyrights are all examples of:

matters over which federal courts have exclusive jurisdiction

Divorce, adoption, and other matters controlled by the state government are examples of:

matters over which state courts have exclusive jurisdiction

a felony is generally defined as a crime that:

may be punished by more than a year in prison

State regulations

may not contradict or reduce the standards imposed by federal law

For a criminal conviction, it must be shown that the accused was found to have:

mens rea

Compensatory, punitive and nominal are all categories of:

monetary damage awards

first degree murder is:

more serious than second degree murder

In a intentional misrepresentation suit, the facts alleged to be presented falsely:

must be material

Criminal acts:

need not be planned

If Andy discovers a defect in the product his company manufactures after the product has already been sold and does not disclose it and Kathleen is injured while using the product she can sue him for:

negligence

Liability based on ___ may be imposed on a manufacturer if a casual connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer

negligence

The tort that protects individuals from harm based on careless and unintentional conduct is called

negligence

the tort that protects individuals from harm based on careless and unintentional conduct is called:

negligence

Negligence is:

choices a and b

Which of the following concerns legal wrongs committed against the government

criminal law

What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:

criminal negligence

In addition to its restriction on "cruel and unusual punishments," the eight amendment of the U.S constitution holds that:

no excessive fines may be imposed

A clear title means that

no other person can claim valid ownership of the property

When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:

nominal damages

Civil law is:

non-criminal law concerning the rights and duties that exist among individuals to each other, or to the state

A misdemeanor is:

none of the other choices

When a person is accused of a crime by the police makes...the court appearance is called:

none of the other choices

embezzlement is when

none of the other choices are corned

If there has been a lot of publicity surrounding a case, the defendant may request:

none of the other choices are correct

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. you are most likely to win a suit for the tort of:

nuisance

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person merits is:

ordinary care or due care

the reasonable person standard compares the actions of the wrongdoers/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person meets is:

ordinary care or due care

the discovery state in the trial process is intended for the:

parties to obtain information about the facts before the trial starts

Service of process is usually achieved by:

personal service

The party who files a law suit is the:

plaintiff

If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the defendant and prosecutor that is called:

plea bargain

When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:

precedent

Criminal law is:

primarily made up of statutes passed by Congress and state legislatures

____ sets forth rules governing the legal relationships among members of society and is enforced mostly through the state court systems

private law

On a hot day, you see a baby left in a car while the parents are not to be seen.... your defense will likely be:

privilege

The major defense(s) in assault and battery cases is (are):

privilege and consent

One concept behind the tort of invasion of privacy is to:

protect individual rights to solitude and freedom from unwarranted public exposure

To avoid being sued for failure to warn manufacturers must:

provide adequate warning labels and instructions on products

A major purpose of tort law is to:

provide compensation for injured parties by wrongdoers

______ is the law that concerns the legal relationship between members of society and the government

public law

Which of the following would be least likely to be an invasion of privacy:

publication of information about a person tased from public records

Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:

punitive damages

The goal of mediation is to:

reach a mutually acceptable agreement

the fifth amendment protects individuals against

self-incrimination

The fifth amendment protects individuals against:

self-incrimination by testifying against oneself

Unlike federal judges, most state judges:

serve for a fixed term

Private law:

sets forth rules governing the legal relationships among members of society

The tort involving spoken defamatory communication is:

slander

Embezzlement is when

someone is in a position of trust with money and they take it for their use

A long-arm statute is a:

state law that permits its courts to reach beyond state lines for jurisdiction over non-residents defendants

If congress imposes a regulation on business that is constitutional

states may not enact similar laws that burden interstate commerce

If a crime is not prosecuted within the time set by the ____, then the state loses the right to bring suit:

statute of limitations

Laws that define and establish legal rights and regulate behavior are referred to as:

substantive laws

Depositions are

sworn, in-person testimony of a witness recorded by a court reporter

Federal regulation _________ state regulation

takes precedence over

Failing to file tax returns, failing to report all income and overstating expenses are examples of:

tax evasion

Based on the fourth amendment, the exclusionary rule allows evidence:

that is improperly gathered to be excluded from trial

The first ten amendments of the U.S constitution are called:

the Bill of rights

The most important part of the constitution with respect to businesses is:

the commerce clause

The part of the constitution that probably has the largest impact on business is known as:

the commerce clause

The first pleading is commonly called:

the complaint

To have a case in tort, the injury sustained by a person must be:

the consequence of the wrongdoing of another

Counterfeiting is:

the copying of a genuine item without authorization, especially when passed off as the original item.

In an affirmative defense:

the defendant admits to the facts claimed by the plaintiff, but offers additional facts

Key elements of the tort of intentional interference with contractual relations is

the defendant knew about a contract between the injured party and another party

One element of fraud or intentional misrepresentation is sciences. That means:

the defendant knew there was false information being passed on

William, a sports reporter, finds out some embarrassing facts about a star soccer player hidden in a public record and publishes them. William is probably safe from an invasion of privacy suit because:

the information was in a public record

In a case of intentional interference with contractual relations the claim is:

the injured business's contractual relations were wrongfully interfered with by another party

A man was injured while riding a mechanical bull... you would expect the court held that:

the man assumed the dangers voluntarily so could not sue for the injuries he suffered

The party claiming to have suffered an injury that the law can remedy is:

the plaintiff

With respect to a court, jurisdiction means:

the power to speak the law

The U.S constitution is composed of:

the preamble and seven articles

If someone is sued in a civil suit, such as in tort for hitting someone in the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:

the preponderance of the evidence

If someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:

the preponderance of the evidence

A deed is

the primary way to transfer ownership interests (title) in property

Proper venue refers to:

the proper place where a lawsuit is heard

Ordinary care or due care is a standard of care that the law presumes:

the reasonable person meets

Miranda rights for those arrested and accused of or suspected of a crime do not include:

the right to be released

The term res ipsa loquitur means:

the thing speaks for itself

An unauthorized intrusion by a person or a thing on land belonging to another is

the tort of trespass to land

The doctrine of Stare decisis can be defined as:

the use of prior case decisions as guidance in resolving later disputes

Which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

which is not a necessary element of negligence?

the wrongdoer's actions were motivated by malice

Entertainers, politicians and sports personalities differ from average individuals in that:

their right to privacy is largely waived once they become a public figure

In the American court system:

there is a federal system and a similar system of trial and appeals courts in each state

If the plaintiff in a fraud case was aware that the key information was false, but went ahead with the deal anyway, then:

there is no fraud

If a third party observes a fraud

they cannot sue

Invasion of privacy, defamation, and trespass are examples of civil law under the category of:

tort law

____ is often used to protect interests in property

tort law

In both federal and state systems, the courts of original jurisdiction are:

trial courts

In both the federal and state systems, the courts of original jurisdiction are:

trial courts

The person who can make all the decisions with respect to a property in a trust is known as the

trustee

The most common defense to a claim of defamation is:

truth

Which of the following conditions must be met in order for someone to claim land by adverse possession?

uses the land in a visible manner

A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title as a

warranty deed

which of the following is an example of a white-collar crime:

all of the other specific choices are correct.

The assumption of risk defense requires that:

all of the specific choices

A business can become involved in a tort action

all of the specific other choices

In a civil trial the parties must prove their contentions:

by a preponderance of the evidence

Criminal law:

concerns legal wrongs or crimes committed against the state

Public law:

concerns the legal relationship between members of society and the government

If either state courts or federal courts have the power to hear a dispute this is known as:

concurrent jurisdiction

Most federal judges must be both appointed by the President and:

confirmed by the Senate

Morality concerns:

conformity to rules of correct conduct within the context of a society, religion, or other institution

Under the exclusionary rule:

improperly gathered evidence may not be used in trial

Negligence torts differ from intentional torts in that:

in negligence the harmful results of a person's conduct are not intentional

The doctrine that projects judges from suits for damages for judicial acts is called:

the doctrine of judicial immunity

Among the rights and duties of a landlord are:

the duty to make essential repairs

Strict liability under contract law for injuries caused by defective products is based on:

the existence of a warranty

If John shoots Bill when he sees him stealing a packet of gum from John's convenient store, John will not be able to use defense of property as a defense because:

the force was not reasonable under the circumstances

eminent domain means

the government may force the sale of private property

Negligence torts are based on the idea that

we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others

intentional torts are based on:

willful misconduct

In response to declining public image and to internal problems, most corporations now have:

written code of ethics