Funeral Law (Chapters 1-3, 5-8)

Which of the following courts has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and in cases in which a state is a party? a. A probate court b. The Supreme Court of the United States c. A special federal court d. A federal district court

b. The Supreme Court of the United States

Fraudulent conversion of another's property by someone in lawful possession of the property with the intent to defraud the owner of the property is called: a. arson. b. embezzlement. c. shoplifting. d. injurious falsehood.

b. embezzlement.

A _____ is a private or civil wrong or injury for which there may be an action for damages. a. felony b. tort c. misdemeanor d. wobbler

b. tort

Which of the following is not a title for the chief officer of an inferior court? a. Justice of the peace b. Judge c. Attorney d. Magistrate

c. Attorney

To recover for a tort based on negligence, which of the following is not required to be shown by the plaintiff (the injured party)? a. An injury or damage b. A breach of a duty the tortfeasor owed to the injured party c. That the breach was the actual and a proximate cause of the injury d. An intention on the part of the tortfeasor to cause the consequences of the act

d. An intention on the part of the tortfeasor to cause the consequences of the act

The _____, enacted by Congress, prohibits the payment of bribes to foreign officials and politicians in order to get or keep business and mandates record-keeping requirements for companies. a. Racketeer Influenced and Corrupt Organizations Act (RICO) b. Computer Fraud and Abuse Act c. Children's Online Privacy Protection Act (COPPA) d. Foreign Corrupt Practices Act (FCPA)

d. Foreign Corrupt Practices Act (FCPA)

_____ are laws enacted by legislative bodies. a. Misdemeanors b. Wobblers c. Codicils d. Statutes

d. Statutes

The rule of law: a. refrains from governing business transactions. b. seeks to invalidate the rules of conduct. c. breaks the social bond between people belonging to different countries. d. applies with equal force to every member of society.

d. applies with equal force to every member of society.

Linda was found guilty of kidnapping Michael's son and demanding a ransom of one million dollars. She was sentenced to ten years of imprisonment by the court. This is an example of a(n): a. assault. b. misdemeanor. c. infraction. d. felony.

d. felony.

The power or authority of a court to hear cases is called its: a. statute. b. petition. c. writ. d. jurisdiction.

d. jurisdiction.

M.K. Manufacturers, a toy manufacturing firm, manufactured and sold a range of toys that used metallic paint, which is proven to be harmful to children. However, there is insufficient proof of negligence against the firm. In this scenario, a group of parents who want to sue M.K. Manufacturers for damages are most likely to claim: a. larceny. b. injurious falsehood. c. contributory negligence. d. strict liability.

d. strict liability.

Linda is a nurse at George County Community Hospital. She placed a patient in a secluded room in the psychiatric unit, without following the required protocols. The patient was locked in the room and was not free to leave. In the given scenario, Linda is a: a. hacker. b. trespasser. c. plaintiff. d. tortfeasor.

d. tortfeasor.

Businesses that have voluntarily adopted codes of ethics as guides for their employees do not carry legal penalties for violations, because: a. the government has not imposed the codes of ethics on these businesses. b. voluntary adoption of codes of ethics is considered illegal by the U.S. legal system. c. the need for ethical practice in businesses is recognized as a trivial issue in the U.S. legal system. d. these violations are considered as wobblers or crimes that do not carry legal penalties.

the government has not imposed the codes of ethics on these businesses.

Judge, Justice of the Peace, Magistrate, Trial Judge

Chief officer of a court

Code

Collection of laws, rules, or regulations

Precedents

Court decision that determines the decision in a subsequent, similar case

Court of record

Court in which an official record of the proceedings is kept

Sheriff

Court of record executive officer

Court of original general jurisdiction

Court of record in which case is first tried

Trial courts

Court that conducts original trial of a case

Juvenile courts

Court that handles delinquent, dependent, and neglected children

Domestic relations courts

Court that handles divorce and related cases

Probate courts

Court that handles estates

Federal court of appeals

Court that hears appeals in federal court system

Appellate court

Court that reviews decision of another court

Injunction

Court's permanent order forbidding an action

Restraining order

Court's temporary order forbidding an action

Constitution

Document that contains fundamental principles of a government

Common law

English custom recognized by courts as binding on parties to a dispute

Marshal

Executive officer of federal court

Negligence

Failure to exercise reasonable care

Diversity jurisdiction

Federal jurisdiction based on parties being from different states

Special federal courts

Federal trial court with limited jurisdiction

Bill of Rights

First ten amendments to U.S. Constitution

Prosecutor or district attorney

Government employee who brings criminal actions

Administrative agencies

Governmental board or commission with authority to regulate matters or implement laws

Law

Governmental rule prescribing conduct and carrying a penalty for violation

State supreme court

Highest court in most states

State court of appeals

Intermediate appellate court

Equity

Justice system based on fairness; provides relief other than merely money damages

Civil law

Law dealing with enforcement or protection of private rights

Criminal law

Law dealing with offenses against society

Ordinances

Law enacted by cities

Statues

Law enacted by legislative bodies

Procedural laws

Law specifying how actions are filed and what trial procedure to follow

Long-arm statutes

Laws allowing a state to have jurisdiction over nonresidents

Venue

Location where a case is to be tried

Discovery

Means of obtaining information from other party before a trial

Summons or Process

Notice of suit

Crime

Offense against society

Violation or infractions

Offense less serious than a misdemeanor

Writ of certiorari

Order to produce record of a case

Defendant

Person against whom a case is filed

Lawyer or attorneys

Person licensed to represent others in court

Plaintiff

Person who begins a civil lawsuit

Tortfeasor

Person whose action causes injury

Stare decisis (stand by the decision)

Principle that a court decision controls the decision of a similar future case

Ethics

Principles that determine the morality of conduct, its motives, and its duties

Tort

Private wrong for which damages may be recovered

Answer or Motion

Response of defendant to a complaint

Business law

Rules of conduct for the performance of business transactions

_____ refers to a set of software instructions that produces abnormal or unexpected behavior in a computer. a. A rogue program b. Pirated software c. Computer copyright infringement d. Larceny

a. A rogue program

Tim's neighbor, Louise, regularly parks her car in Tim's driveway without permission, making it impossible for Tim to use his driveway. If Tim sues Louise to stop her from doing this, what type of order will the court likely issue? a. An injunction. b. A restraining order. c. An order to pay monetary damages. d. An order to pay punitive damages.

a. An injunction.

Misdemeanors

A less serious crime

Felonies

A more serious crime

Damages

A sum of money a wrongdoer must pay to an injured party

Wobblers

An offense that can be either a felony or a misdemeanor

Jurisdiction

Authority of a court to hear a case

Supreme Court of the US

The highest court in the United States

Federal district courts

Trial court of federal court system

Inferior courts

Trial court that hears only cases involving minor offenses and disputes

Complaint or petition

Written request to a court to settle a dispute

Bill Thompson is involved in a dispute with his two siblings over his late mother's will and has alleged that the others unduly influenced his mother in the drafting of her will. Why is it advisable that Bill hire an attorney to represent him in a lawsuit against his siblings? a. As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court. b. Most states do not permit parties to represent themselves. c. Attorney fees are less expensive for will disputes. d. Hiring an attorney will guarantee Bill wins his case.

a. As a disinterested person, an attorney will likely be able to assess and present Bill's case more rationally to the court.

_____ are serious crimes and are usually punishable by death or by imprisonment in a penitentiary or state prison for more than one year. a. Felonies b. Torts c. Misdemeanors d. Infractions

a. Felonies

Filing and trying a suit in a _____ is much simpler than in a court of record, because plaintiffs may complete the court forms and try the case themselves through a more informal process. a. Small claims court b. State supreme court c. Special federal court d. Court of appeals

a. Small claims court

After being fired from his job with a federal government agency, Allan intentionally sent several thousand emails, from addresses not his own, to his former director's e-mail address. This caused delays in the use of the email system and required his former boss to purge all emails, including valuable business emails. What law has Allen violated? a. The Computer Fraud and Abuse Act b. The Sherman Act c. The Foreign Corrupt Practices Act d. The Anticybersquatting Consumer Protection Act

a. The Computer Fraud and Abuse Act

Appellate courts include: a. courts of appeals and supreme courts. b. inferior courts and courts of appeals. c. special federal courts and inferior courts. d. courts of original general jurisdiction and courts of appeals.

a. courts of appeals and supreme courts.

Lucie was found scribbling and spraying graffiti illicitly on a wall of a public place in New York City. She can be charged in the court of law for a(n): a. misdemeanor. b. simple assault. c. felony. d. aggravated assault.

a. misdemeanor.

Criminal law is the branch of the law dealing with: a. offenses against society and punishment of wrongdoers. b. voluntary ethics codes adopted by businesses. c. industry safety standards. d. the protection of private and purely personal rights.

a. offenses against society and punishment of wrongdoers.

The individual who institutes a civil action is called the: a. plaintiff. b. sheriff. c. bailiff. d. defendant.

a. plaintiff.

A _____ is a word, name, symbol, device, or any combination thereof adopted and used to identify and distinguish one's goods from another's goods and to indicate the source of the goods. a. trademark b. patent c. trade libel d. larceny

a. trademark

Max, an ex-employee of CubeWorks Inc., an interior designing company, was on trial for swapping internal information with a competitor, without authorization, which resulted in copyright infringement. The jury found him guilty and he was ordered to pay $500,000. The jury's decision is called the: a. verdict. b. petition c. summons. d. writ.

a. verdict.

Jim, a practicing doctor, and Jane, a nurse, got married five years ago. Due to some marital issues, they are planning a divorce. They have a three year old son. Jane wants to take full custody of her son. In this scenario, which of the following courts would have jurisdiction over their divorce and child custody case? a. A juvenile court would have jurisdiction over both the divorce case and the child custody case. b. A domestic relations court would have jurisdiction over both the divorce case and the child custody case. c. A juvenile court would have jurisdiction over their divorce case and a domestic relations court over their child custody case. d. A probate court would have jurisdiction over their divorce case and a juvenile court over their child custody case.

b. A domestic relations court would have jurisdiction over both the divorce case and the child custody case.

_____ is a system of justice that evolved and granted judicial relief when no adequate remedy at law existed. a. Ordinance b. Equity c. Misdemeanor d. Appeal

b. Equity

John McDaniel established a restaurant to provide fast food services. He called the restaurant McDaniel's and began using a logo of two yellow semi-circles to market his restaurant. If sued for trademark infringement, which of the following factors would a court not consider when determining whether John's company infringed another's trademark? a. The similarity of the marks b. John's costs related to the designing of his mark c. The similarity of products represented by the marks d. Actual confusion by the public

b. John's costs related to the designing of his mark

James worked as an accountant at Ashton Information Inc. He often took network cables and stationery items from the office for personal use. James has committed which of the following crimes? a. Shoplifting b. Larceny c. Assault d. Computer trespass

b. Larceny

Dezine, a shirt manufacturing company, signs a contract with a button manufacturer to receive raw materials for the quarter. The button manufacturer breaches the contract by not supplying Dezine with the raw materials. This leads to a production halt in Dezine, and the company suffers an economic loss. In accordance with the scenario, which of the following is true? a. Dezine can successfully sue the button manufacturer for a felony. b. Dezine cannot sue for damages against the button manufacturer, as no delivery was made. c. Dezine can sue and recover damages from the button manufacturer. d. Dezine can successfully sue the button manufacturer for larceny.

c. Dezine can sue and recover damages from the button manufacturer.

John Parks was tried for the murder of Wesley Simpson and acquitted of the crime. Later, the prosecuting attorney found new evidence which could prove John guilty of the murder. In accordance with the given scenario, which of the following statements is true? a. John can be sentenced to death by the court of law after the submission of the new evidence. b. John must be brought to the court for a retrial. c. John cannot be tried more than once for the same crime. d. John is guilty of a misdemeanor.

c. John cannot be tried more than once for the same crime.

Which of the following is true about ethical principles? a. They are not used to set a standard for behavior. b. They are always legally unenforceable. c. They are a consensus of the majority. d. They are insignificant in a business environment.

c. They are a consensus of the majority.

The _____ is an English custom that came to be recognized by the courts as binding on the community and therefore law. a. criminal law b. Bill of Rights c. common law d. code

c. common law

Larry often used the laptop provided by his office to download movies, in violation of his company's policy on computer usage. Larry also allowed his friends outside of work to use his business laptop. This is an example of: a. computer hacking. b. computer infringement. c. computer trespass. d. software piracy.

c. computer trespass.

John Mesta, a musician, has decided to sue Camplife, a band, over copyright infringement. In this lawsuit, Camplife would be the: a. plaintiff. b. claimant. c. defendant. d. bailee.

c. defendant.

An unauthorized outsider who gains access to a business's computer system is called a(n): a. rogue programmer. b. encoder. c. hacker. d. racketeer.

c. hacker.

The tort of _____ occurs when a business relationship has been formed and a third party, in some way, intentionally causes one party to end the relationship. a. commercial disparagement b. product liability c. interference with a contract d. trademark dilution

c. interference with a contract

Peter worked for the Appearance Button Making Company. He set the company's storage area on fire, because he disliked James, the owner of Appearance. James filed a suit against Peter claiming compensation for the damage to his property. In the given scenario, James is the: a. bailiff. b. sheriff. c. plaintiff. d. defendant.

c. plaintiff.

When rendering decisions, courts generally adhere to judicial precedents set by earlier court decisions in order to: a. provide equity to litigants. b. resolve cases more quickly. c. provide legal stability and a clear understanding of one's rights before a person undertakes a transaction. d. expand the role of the judicial branch of government.

c. provide legal stability and a clear understanding of one's rights before a person undertakes a transaction.

Judy borrowed an electric mixer from her neighbor, Andy, and accidentally broke the appliance through misuse. She refused to replace the appliance or compensate Andy for the loss of the appliance, which was valued at $300. Andy wants to recover the loss without spending a lot of money on attorney costs and court fees. To recover damages, Andy should file a lawsuit in a: a. state court of original jurisdiction. b. federal district court. c. small claims court. d. domestic relations court.

c. small claims court.

Percy invaded the property of Splendid Inflatable Boats Inc., a boat manufacturing company, without permission, to steal aluminum sheets from the company's manufacturing plant. This is an example of a(n): a. assault. b. battery. c. trespass. d. debarment.

c. trespass.

The decision of the jury on a court trial is called a(n): a. jurisdiction. b. summons. c. verdict. d. appeal.

c. verdict.

Andrew, a software engineer who works for Sigma Inc., damaged the company's car in an automobile accident. The company filed a claim for damages against Andrew. However, the company was unable to file charges in a nearby probate court. Which of the following explains why the company was unable to file charges in the probate court? a. A probate court is a court of general jurisdiction and damage actions are not brought to this court. b. A probate court is concerned with delinquent and neglected children. c. A probate court can have jurisdiction over the accused and not over the subject matter. d. A probate court deals with the distribution of deceased persons' property.

d. A probate court deals with the distribution of deceased persons' property.