Bus Law 340 Quizzes 1-6

Slander of title and trade libel are two types of: disparagement. defamation. dishonesty. all of the above.

disparagement.

Defamation occurs when a person's reputation is: harmed. enhanced. exaggerated. ignored.

harmed.

If you are paying for the actual time your attorney spends on your legal matter, you are being charged a(n): hourly fee. fixed fee. retainer. none of the above.

hourly fee

Actual negotiations try to focus on: interests. positions. both a and b. none of the above.

interests.

Courts restricted to hearing only cases limited to a certain dollar amount or to a particular area of law have: unlimited jurisdiction. general jurisdiction. limited jurisdiction. optional jurisdiction.

limited jurisdiction.

In the U.S. court system, the disputing parties are called: legislators. litigants. jurors. none of the above.

litigants.

Making profits while staying within the legal and ethical limits is knows as: minimizing profits. maximizing profits. optimizing profits. exploiting profits.

optimizing profits.

A complaint is filed by the: defendant. plaintiff. bailiff. sheriff.

plaintiff.

With disparagement, the falsity of the statement must be proved by the: defendant. plaintiff. both a and b. none of the above.

plaintiff.

The ADR technique where a shortened case is presented to a mock jury is called a: summary jury trial. practice jury trial. nonsummary jury trial. all of the above.

summary jury trial.

Obeying the letter of the law is: the maximum standard of behavior we expect from business. the minimum standard of behavior we expect from business. unimportant as a standard of business behavior. an unrealistic expectation for business behavior.

the minimum standard of behavior we expect from business.

How many statutory codes are there in California? 9 19 29 39

29

Which of the following is FALSE concerning mini-trials? A mini-trial is nonbinding. A mini-trial is binding. A mini-trial is an ADR technique. A mini-trial closely resembles a court trial.

A mini-trial is binding.

Which of the following is an "adjudicative" method of ADR? Judicial arbitration Private arbitration Private judging All of the above

All of the above

Which of the following is considered an ADR procedure? Negotiation Mediation Arbitration All of the above

All of the above

Which of the following would be considered a general rule consistent with business functions that adhere to basic ethical theories? Honor confidentiality Exercise due care Act in good faith All of the above

All of the above

Which of the following decisions are generally published in reporters? Appellate decisions State trial court decisions Superior court decisions All of the above

Appellate decisions

Which of the following is TRUE regarding comparative negligence? It is an all or nothing rule. It is currently the predominant defense to negligence in California. It diminishes damages in proportion to plaintiff fault. Both b and c.

Both b and c.

California has how many Federal District Courts? Four Fourteen Forty Four hundred

Four

In California, the trial court is referred to as the: Superior Court. Federal Court. Bankruptcy Court. all of the above.

Superior Court

In California, if something is a substantial action in bringing about an injury, it is considered: a cause in fact. an act of God. a slam dunk case. all of the above.

a cause in fact.

A "prima facie duty" is a moral duty that binds us unless it conflicts with: a more profitable option. our personal interests. a more compelling (stronger) prima facie duty. none of the above.

a more compelling (stronger) prima facie duty.

Even when contrary to his or her desires, a "relativist" makes decisions based on a nation's: traditions. culture. laws and morals. all of the above.

all of the above.

For privilege to exist, a person must be acting: in self defense. in defense of another. to protect property. all of the above.

all of the above.

Small claims court is a method for resolving disputes: fast. inexpensively. fairly. all of the above.

all of the above.

The tort of interference with the economic relations of others includes the theory of: inducing a breach of contract. interference with a contractual relationship. interference with a prospective economic advantage of another. all of the above.

all of the above.

The tort of negligence requires proof that the defendant breached a legal duty: to use reasonable (ordinary) care. owed to the plaintiff. that was the cause of injury suffered by the plaintiff. all of the above.

all of the above.

The purpose of an appeal is to review a(n): alleged trial court error. mistake of fact. both a and b. none of the above.

alleged trial court error.

When the arbitrator has rendered a final decision, it is called the: award. dispute. compromise. none of the above.

award.

"Do unto others as you would have done unto you" is an example of: a duty-based ethical theory. the deontological approach. both a and b. none of the above.

both a and b.

A basic defense to a claim of trespass is: consent. necessity. both a and b. none of the above.

both a and b.

Diversity of citizenship gives the federal courts jurisdiction when the: parties are citizens of different states. the amount in controversy is over $75,000. both a and b. none of the above.

both a and b.

In an early neutral evaluation (ENE), the evaluator is: assigned by a judge. usually an experienced attorney. both a and b. none of the above.

both a and b.

The remedies available to a victim of fraud include: rescission. affirmance. both a and b. none of the above.

both a and b.

Exercising the wrongful dominion (control) over the personal property of another is called: reversion. conversion. competition. both a and b.

conversion.

Behavior that is considered unacceptable to society at large is an example of: criminal law. civil law. private law. public law.

criminal law

The value system we apply when making moral choices and the inherent rightness or wrongness of the decisions we make is a process that can be defined as: ethics. guilt. judicial imperative. self interest.

ethics.

Intentional harm to a relationship that is likely to produce an economic benefit is: interference with contractual relations. interference with a prospective economic advantage. interference with a guaranteed economic advantage. none of the above.

interference with a prospective economic advantage.

A set of enforceable guidelines that help maintain order in a society is a definition of: law. capitalization anarchy. censorship.

law

The shareholder theory emphasizes the responsibility of a business to: make a profit for its owners. take into consideration all of the groups it affects. pay its taxes. share trade secrets with its competitors.

make a profit for its owners.

Attorney membership in the State Bar of California is: by invitation only. optional. mandatory. none of the above.

mandatory

Freedom of expression and the right of privacy are examples of: positive rights. negative rights. neutral rights. affirmative rights.

negative rights.

A person who makes an untrue statement of fact, with no reasonable grounds for believing it to be true, is guilty of: negligent representation. negligent misrepresentation. innocent representation. optimistic misrepresentation.

negligent misrepresentation.

The simplest method to resolve disputes should be: negotiation. mediation. arbitration. trial by jury.

negotiation

Trade libel is the intentional disparagement: on the quality of another's property (goods or services). on the quantity of another's property (goods or services). of another's moral character. all of the above.

on the quality of another's property (goods or services).

When a considerable number of people are affected, a nuisance is considered: public. private. profitable. legal.

public.

A contract may be canceled due to some irregularity, such as fraud, through: rescission. injunction. reformation. all of the above.

rescission

Any benefits one party has conferred to another is returned by the courts through: reformation. restitution. regression. all of the above.

restitution

A false and unprivileged statement about the title to real or personal property that causes actual monetary damages is: slander of reputation. slander of trade. slander of title. all of the above.

slander of title.

The referee addresses a specific question of fact in a: universal reference. general reference. special reference. all of the above.

special reference.

An appellant must petition the court for a writ of certiori to have his or her case reviewed by: the U.S. Supreme Court. the state Supreme Court. the California Superior Court. all of the above.

state supreme court

Proof that commercial appropriation of a person's name or likeness was knowingly made is a requirement of: common law. statutory law. entertainment law. all of the above.

statutory law.

The California Reports is the official reporter for: the Pacific region of the United States. the western region of the United States. the state of California. none of the above.

the State of California

Deciding important legal questions and maintaining uniformity of decisions among the lower courts is the purpose of: Congress. the Supreme Court. the Trial Courts. all of the above.

the Trial Courts.

The supreme source of law in this country is: common law. the U.S. Constitution. state law. none of the above.

the U.S. Constitution

CAR is an example of a(n): trade association. unethical association. religious organization. all of the above.

trade association.

The cyber term "Spamming" refers to: unsolicited bulk email advertising. unsolicited telephone prospecting. rehearsed or "canned" verbal advertising pitches. private website chat rooms.

unsolicited bulk email advertising.

To be disparaging, a statement must be: true. untrue. ambiguous. embarrassing.

untrue.

Inducement to breach another person's contract is an intentional act intended to produce an actual breach of a: potential contract. voidable contract. valid contract. both a and b.

valid contract.

An "integrative negotiation" is considered a: win/lose situation. win/win solution. lose/lose situation. none of the above.

win/win solution.