BUL Midterm
With which of the following does a business website address end?
.com
With which of the following does a government website address end?
.gov
With which of the following does a network website address end?
.net
With which of the following does an organization website address end?
.org
Which of the following is true regarding what may be the subject of a patent?
A product, a process, an invention, or a plant produced by asexual reproduction may be the subject of a patent.
When a[n] _______________ privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim.
Absolute
Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions?
Ben has not committed an assault or a battery because he acted in self-defense.
If leased premises become unsuitable for use because of a landlord's wrongful or omitted act, a[n] ______ eviction has occurred.
Constructive
What is an independent agency?
Consumer Product Safety Commission
relevant areas of business law to a human resource manager
Contracts, employment and labor law, and employment discrimination
Which of the following is an example of a product developing secondary meaning?
Customers identify a certain color as identifying a company's product.
If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?
Damages and an injunction prohibiting the infringer from using the mark.
In which of the following do parties select a neutral third party and explain their respective positions to the neutral, who then evaluates the strengths and weaknesses of the case?
Early neutral case evaluation
Which amendment prohibits cruel and unusual punishment?
Eighth
An eviction may only be full, not partial.
F
Which amendment protects freedom of religion?
First
Which of the following is a term referencing the failure of either the tenant or the landlord to perform a condition stated in the lease?
Forfeiture
Which amendment extends most of the provisions of the Bill of Rights prohibiting state interference in citizens' exercise of their rights to the states?
Fourteenth
Under which of the following is a trademark protected under state common law?
If it is used intrastate.
Which of the following is true regarding state and federal court jurisdiction?
In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system.
Which of the following consists of the fruits of one's mind?
Intellectual property
Which of the following is a necessary condition for a justifiable controversy?
Judgment should solve an existing problem.
Strict liability is a term used to describe which of the following:
Liability without fault.
Which of the following is a type of ADR?
Mediation
The court may properly grant a _____________ if after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party.
Motion for summary judgment
If someone calls you and threatens to hurt you, has assault occurred?
NO- no threat of immediate bodily harm
A[n] ______ lease is created for a recurring term, such as month to month; and it may last for an indefinite time period.
Periodic-tenancy
Which of the following are minor offenses usually punishable by a jail sentence of less than six months or a small fine with an example being violation of a building code?
Petty offenses.
Define Proximate cause
Plaintiff and plaintiff's damages were "reasonably foreseeable" when defendant breached his duty to plaintiff
Which of the following would generally be public figures for purposes of the public figure privilege to actions for defamation?
Politicians and entertainers.
____ damages are awarded to punish the defendant and to deter others from similar conduct
Punitive
Which of the following do appellate courts primarily handle?
Questions of law
Under the Fair Housing Act, a landlord may not discriminate against a prospective tenant with regard to which of the following?
Race, color, sex, religion, national origin, or familial status.
Which of the following comes under the RICO Act?
Racketeering.
Which of the following is a mark used in conjunction with a service?
Service mark
A defendant in a lawsuit is to be provided by the plaintiff with a copy of the complaint. That process is called _____________.
Service of process
Legislative acts passed by state legislatures can be found in:
State codes
If a law prevents individuals from exercising a fundamental right, the law will be subject to _____________.
Strict scrutiny
________ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
Strict-liability
Which of the following is a court's power to hear certain kinds of cases?
Subject-matter jurisdiction
Which of the following references the ending of a lease before its stated term by mutual agreement between the lessor and the lessee?
Surrender
In China, defamation can be a civil or criminal action.
T
Strict liability is without fault. TRUE OR FALSE
TRUE
If a tenant fails to leave the property after the termination of the lease, a[n] ______ lease is created.
Tenancy-at-sufferance
Which of the following is the oldest treaty designed to protect artistic rights?
The Berne Convention of 1886
Which of the following requires a "pattern"?
The Racketeer Influenced and Corruption Organizations Act.
Under the Sarbanes-Oxley Act, which of the following is true regarding the destruction of documents in a federal bankruptcy investigation?
The destruction of documents in a federal bankruptcy investigation is a felony with possible sentences of up to 20 years in jail.
Which of the following defines aggravated robbery?
There is a threat to life or health.
A person who commits a tort is often referred to as a __
Tortfeasor
A person who commits a tort is often referred to as a ______________.
Tortfeasor
Which of the following is true of trademark dilution laws?
Trademark dilution laws prohibit the use of "distinctive" or "famous" trademarks, even in the absence of consumer confusion.
Which of the following may a person accused of defamation raise as a defense?
Truth and privilege.
When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for __________ years from the date of application.
Twenty
Which of the following is a question of fact?
Whether a vehicle ran a traffic light
What do the letters "WPH" mean in reference to the "WPH Framework for Business Ethics" discussed in the text?
Who, Purpose, and How
Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made __________.
With actual malice
Who may file a motion for the change of venue?
defendant
The legality of a business decision is the _____ standard that must be met.
minimal
Which of the following are less serious crimes punishable by fines or imprisonment of less than one year?
misdemeanor
Assume a businessperson who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on
private law
Assume a restaurant chain is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. What type of law is involved?
private law and civil law
A distinctive mark affixed to a good, its packaging, or its labeling, with a product for identifying the product with the producer such as the Nike "swoosh" is a:
product trademark.
Ethical relativism holds that morality is _____.
relative
a collection of rules and laws put forth by legislating bodies
statutory law
The "public disclosure" test for ethical behavior is sometimes referred to as the ______ test.
television
One criteria for a work to be copyrightable, is:
when it is original and creative.
Which of the following is a question of fact?
whether a vehicle ran a traffic light
Define actual cause
"cause in fact", defendants breach of duty resulted directly in plaintiff's injury. (but for test)
When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for __________ years from the date of application.
20
What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called?
A binding arbitration clause
Which of the following references in some states a landlord's right to some or all of the tenant's personal property in the event that a tenant refuses to pay rent?
A landlord's lien
Which of the following sets forth the duties of a tenant in regards to injuries to those on the premises?
A tenant owes a duty to keep premises under which he or she is in control in a reasonably safe condition.
A business manager who deceives everyone because the manager believes that deception maximizes pleasure over pain in a given situation is acting consistently with which ethical theory?
Act utilitarianism
Which of the following gives the correct sequence of events for a criminal procedure?
Arrest, booking, arraignment, trial.
A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
Assault
Which of the following applies to cases in which the defendant has violated a statue enacted to prevent a certain type of harm from befalling a specific group to which a plaintiff belongs? A. Res Ipsa Loquitur B. Negligence Per se C. Statutory shop act D. Comparative Negligence
B- Negligence Per se
Historically, why was a landlord not responsible for ensuring that leased premises were tenantable?
Because land was viewed as the more important element being leased.
Why must federal legislation that affects business be based on an expressed constitutional grant of authority?
Because the federal government has only those powers granted to it by the Constitution.
Which of the following is the misappropriation of trust funds or money held in a fiduciary capacity?
Defalcation
In which of the following cases will punitive damages most likely be the highest?
Defendant is wealthy and the act committed is highly wrongful.
A problem about what a firm should do, for which no clear, right decision is available.
Ethical Dilemma
The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved.
F
Under current law, corporations cannot be held criminally accountable for strict-liability offenses.
F
Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment.
F
More than half the states remain contributory negligence states. TRUE OR FALSE
FALSE
according to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover. TRUE OR FALSE
FALSE
T/F: Copyrights protect ideas themselves.
False
When trademark infringement is alleged, what is the effect of actual confusion?
It is not a prerequisite for the plaintiff to recover, but it is a strong indication that there is a likelihood of confusion.
Which of the following is accurate regarding the speed and cost of ADR?
It is usually faster and cheaper.
Which of the following is an extension of negotiation?
Mediation
Which of the following is generally a legitimate defense to a charge of a crime?
Mistake of fact.
The court may grant a ______ if after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party.
Motion for judgment on the pleadings
_____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm.
Negligent
_____ occur(s) when the defendant acts in a way that subjects other people to an unreasonable risk of harm.
Negligent torts
Which of the following is true regarding what the First Amendment does not protect?
Neither defamation nor obscenity is protected by the First Amendment, but commercial speech that satisfies the requisite test is protected by the First Amendment.
A skin-care products' company was sued by a female consumer. The defendant was found guilty of selling a new product which had resulted in severe skin damage of the plaintiff. What would the company have to do?
Pay both compensatory and punitive damages
Which amendment provides that the government cannot infringe on citizens' right to bear arms?
Second
To obtain trademark protection, a descriptive term must have attained ______________.
Secondary meaning
A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as __________.
Slander of title
What is reported in the United States Code?
Statutes
Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists.
T
The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.
T
The use of moral pressure is insufficient to establish false imprisonment.
T
Tort law is primarily state law.
T
Trade dress is entitled to the same protection as a trademark.
T
Tying arrangements are illegal.
T
No duty to warn exists for dangers arising from either unforeseeable misuses of the product or from obvious dangers. TRUE OR FALSE
TRUE
Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others?
The Communications Decency Act of 1996.
Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?
The Fair Use Doctrine
Which of the following was created specifically to combat white collar crime?
The Sarbanes-Oxley Act
Which of the following was passed largely in response to business scandals of the early 2000's, such as those implicated by Enron, WorldCom, Global Crossing, and Arthur Anderson?
The Sarbanes-Oxley Act.
Which amendment provides the right to a speedy and public trial?
The Sixth Amendment.
Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land?
The Supremacy Clause
Which of the following is true regarding privacy rights?
The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution.
Which of the following is an example of the state's exercise of its police power?
The enactment of criminal laws, building codes, zoning laws, sanitation standards for restaurants, and regulations for the practice of medicine.
A local Chamber of Commerce plans a seminar on "the social responsibility of business in our community." What does that term reference?
The expectations that the community imposes on firms doing business inside its borders.
Who is responsible for upkeep of common areas?
The lessor.
Which of the following constitutes fraudulent misrepresentation?
The plaintiff suffered damages because of his reliance on a misrepresentation.
For purposes of diversity-of-citizenship, where does a corporation reside?
The state in which the corporation has its principal place of business and the state of incorporation.
Which of the following statements is true of landlord-tenant relationship?
The tenant has the right to exclusive possession of the property named in the lease.
Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster and is not the fault of the landlord?
The tenant is released from paying rent and the lease is terminated. Unless the landlord could have prevented the disaster, the landlord generally has no duty to restore or repair.
Why is ethical fundamentalism difficult to follow?
The unquestionable nature of rules is overly inflexible.
What is the primary objective of tort law?
To provide compensation for injured parties.
Which of the following is a category into which intentional torts are divided?
Torts against persons. Torts against property. Torts against economic interests. All of the above.
A(n) ________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.
Trademark
T/F: Tying arrangements are illegal
True
body of law significant to business activities including sales, banking, and warranty
Uniform Commercial Code
Any tenant conduct that causes permanent and substantial injury to the landlord's property is considered ______.
WASTE
When will the landlord be liable for injuries on the premises?
When the injuries occur in the common areas like elevators.
Laws are enforced by:
courts
Bank teller Ben receives $1,000 from a customer for deposit into the customer's bank account. Instead of placing the money into the customer's account, Ben puts it into his pocket. Which of the following offenses has he committed?
embezzlement
The _____ doctrine provides that others may reproduce a portion of a copyrighted work for purposes of "criticism, comment, news reporting, teaching, scholarship, and research."
fair-use
Because of its complicated nature, any complaint should be at least three pages long.
false
Only one party may appeal from a final judgment.
false
Under our system of justice, courts may issue advisory opinions.
false
In most civil cases, a plaintiff must prove her case beyond a reasonable doubt.
false criminal case is beyond a reasonable doubt
Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not exist?
false entry
A periodic-tenancy lease:
is for an indefinite time period.
Which of the following is true regarding the universalization test for ethical behavior?
none of the above
A patent:
protects a product, process, invention, machine, or plant produced by asexual reproduction.
Which of the following is the same as attachment jurisdiction?
quasi in rem jurisdiction
A reply is an answer to a counterclaim.
true
Which of the following is considered an absolute defense in a defamation case?
truth
Which of the following are reasons that an arbitration award may be set aside under the Federal Arbitration Act?
The arbitrator failed to make a final and definite award, the award was the basis of fraud, or the arbitrator displayed bias.
Assume a plaintiff files a case in the state court that could also have been filed in the federal court. Does the defendant have any choice in the matter?
The defendant has a right to move the case to federal court.
Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter?
The defendant has a right to remove the case to federal court.
Which of the following is true regarding the intent needed for an intentional tort?
The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another.
Which of the following is true regarding the intent needed for a battery?
The intent of a person in making a contact is irrelevant for establishing liability.
What is a difficulty with the application of virtue ethics?
The lack of agreement about the meaning of "the good life."
Who is generally responsible for injuries that occur in common areas based on negligent upkeep?
The landlord
Assuming the subject matter of a proposed patent is patentable, which of the following criteria must be satisfied in order for a non-design patent to be granted?
The object of the patent must be novel, useful, and non-obvious.
Which of the following is an exception to the rule that administrative searches usually require search warrants?
The pervasive-regulation exception
Which of the following is needed for diversity-of-citizenship?
The plaintiff and the defendant reside in different states and the controversy concerns an amount in excess of $75,000.
Which of the following is included in the Central Hudson test for commercial speech?
The principle that speech that is misleading is not protected by the First Amendment; the principle that the government must show that a substantial governmental interest is served by a restriction on commercial speech; and the principle that any restriction on commercial speech must not be more extensive than necessary.
What does the Fifth Amendment's takings clause reference?
The requirement that the government pay the owner just compensation if the government wants to take private property for public use.
Which of the following is one of the basic principles of the Paris Convention of 1883?
The right of priority
Which of the following is true regarding whether the shape of a product or package may be a trademark?
The shape of a product or package may be a trademark if it is nonfunctional.
Which of the following is typically an appropriate venue in a lawsuit?
The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident.
Which of the following is true regarding the "case opener" involving the lawsuit for defamation brought by a plastic surgeon against the physician?
The verdict was upheld because the damages were proper and the plastic surgeon was not a public figure.
Sally, a friend of yours who just finished college and was hired at the local high school, wants to copy a number of articles from her class. She heard that you are taking business law and asks if you see any problem with her copying the articles. Based on the case in the text, Princeton University Press v. Michigan Document Services, Inc., what would you tell her?
There are federal Classroom Guidelines on the issue and that you need to know more before you can advise her.
Which of the following is true for 'whistle blowers'?
They are worried about being fired or demoted.
Which of the following would constitute false imprisonment?
Threatening to use immediate physical force to detain someone. Refusing to release property. Physical restraint, such as tying someone to a chair. All of the above.
The U.S. Constitution allocates the power of the federal government among ____________ branches of government.
Three
Which of the following is the way people and businesses are located on the web?
Through domain names
Why was the Class Action Fairness Act (CAFA) of 2005 created?
To limit the conditions under which a class action suit can be brought.
Which of the following is true regarding tort litigation?
Tort litigation has been declining gradually since 1990.
T/F: A person who applies for a domain name on the Internet will be granted the domain name so long as no one else holds that name.
True
T/F: An invention may be considered a trade secret.
True
T/F: Copyrights protect the expression of creative ideas.
True
T/F: Network Solutions, Inc. is funded by the National Science Foundation and is responsible for registering domain names on the Internet.
True
T/F: The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.
True
T/F: Trade dress is entitled to the same protection as a trademark.
True
What are the trial courts in the federal court system called?
U.S. district courts
supreme law of the land
US Constitution
Which of the following is true regarding the privileges and immunities clause of the U.S. Constitution?
Under the clause, a state cannot prohibit nonresidents from opening restaurants in the state; a state can allow state universities to charge higher tuition to out-of-state students because residents pay taxes that fund state universities, while out-of-state students do not; and states may not discriminate against citizens of other states in the buying and selling of property.
Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?
Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property.
An ethical theory that urges managers to take those actions that provide the greatest pleasure after having subtracted the pain or harm associated with the action in question is called _____.
Utilitarianism
The ethical system in which the development of virtues, or positive character traits such as courage, justice, and truthfulness, is the basis for morality is called ______.
Virtue ethics
Which of the following is a requirement that leased premises be fit for ordinary residential purposes?
Warranty of habitability
In which of the following situations has conversion occurred?
When a person permanently removes personal property from the owner's possession and control.
Which of the following is true regarding a storekeeper who detains a suspected shoplifter?
When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time.
When does a court acquire 'in personam jurisdiction' over a defendant?
When it gives him or her a copy of the complaints and summons.
When must a lease generally be in writing?
When the lease term exceeds 1 year.
When can government agents obtain a search warrant?
When they can establish probable cause.
Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?
Whether the statute has a secular legislative purpose; whether the statute's principal or primary effect either advances or inhibits religion; and also whether the statute fosters an excessive government entanglement with religion.
also referred to as ethical fundamentalism
absolutism
collection of rules and decisions made by govt agencies
administrative law
The protection independent of protection in the country of origin principle of the Berne Convention of 1886:
allows nationals of nonsignatory countries to protect works if they are created in a member country.
Which of the following is the intentional burning of another's dwelling?
arson
A tenant can transfer his or her interest in the leased property in two ways. They are subleases and:
assignments.
A _____ is a written argument explaining why an appeal is being made.
brief
Which case overturned prior precedent?
brown v. board of education
application of ethics to special problems and opportunities experienced by those in business
business ethics
Law that is especially significant for business that operate in multiple jurisdictions
case law
new corporate law can revoke
case law
type of law delineates the rights and responsibilities involved in relationships between persons and between persons and their government
civil law
A _____ mark identifies the producers as belonging to a larger group, such as a trade union.
collective
If an appellate judge agrees with the majority's decision, but for different reasons, the judge may write a ______opinion.
concurring
Which of the following occurs when companies bill consumers for optional services that the consumers did not order?
cramming
Assume the Securities and Exchange Commission prosecutes someone for insider trading. This prosecution is an example of:
criminal law
type of law involves incidents in which someone commits an act against the public as a unit
criminal law
based primarily on existing laws
cyberlaw
At a(n) ______, attorneys examine a witness under oath with a court reporter present.
deposition
Assuming the requisite elements are proven, which of the following is a defense when it is established that a crime is committed because the person committing the act was threatened with immediate bodily harm or loss of life unless the offense was committed?
duress
A defendant can use the _____ defense if the idea for a crime originated not with the defendant but with a police officer or other government official who suggested it to the defendant, and the defendant would not otherwise have committed the crime.
entrapment
Which of the following requires that we see murder as a moral action as long as the murderer believes that the action is best for him or her?
ethical relativism
Which of the following theory of ethics denies the existence of objective moral standards?
ethical relativism
study and practice of decisions about what is good, or right
ethics
Lily's landlord Kiara had changed the lock of her apartment and refused to give the keys of the new lock to Lily. This is an example of:
eviction.
Which of the following is the making of threats for the purpose of obtaining money or property?
extortion
In rem jurisdiction references jurisdiction over a person.
false
Intermediate courts of appeal exist in all states.
false
Under federal statutory law, Internet transactions cannot be the basis for a finding of in personam jurisdiction.
false
In a housing committee meeting, Wayne complained to others present that he could hear his neighbor Cindy's baby crying through most nights and suspected she left the baby home alone. This was said in the absence of Cindy who heard about it from one of her neighbors. Since Wayne's statement made Cindy sound like a negligent parent and she wanted to sue Wayne. Which tort would she be using?
false light
Which of the following is a false document or sign of existence used to perpetrate fraud, such as making counterfeit money?
false token
Which of the following is punishable by imprisonment for more than one year or death?
felony
In a criminal trial, the _____ files a case against the defendant.
government
Which of the following is a person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money?
hacker
Which of the following defines a Strict-liability tort?
he defendant takes an action that is inherently dangerous.
Amber says at trial that Gwen told her that she saw Tom run the traffic light and hit Christy's car. On what basis is Amber's testimony objectionable?
hearsay
Which of the following defenses is tested by the 'irresistible impulse' test?
insanity
Mr. X is an accountant in a software company. He has been buying security in his wife's name based on inside information. This criminal activity is known as:
insider trading.
Property that is primarily the result of mental creativity rather than physical effort is often called:
intellectual property.
Which of the following are written questions that one party sends to another to answer under oath?
interrogatories
Acme manufactures food products and is opening a subsidiary in Country Z. The firm discovers that to obtain raw materials it has to bribe local officials and businesses in Country Z. The second option is to import raw materials from its own country, which will be expensive in the long-run. In this situation, Acme:
is faced with an ethical dilemma
A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as the:
law
"Not letting morality interfere with the obedience of law"
legal positivism
Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of :
legal positivism
based on the idea that, when ruling on a case, judges consider more than just the law; they also weigh factors such as social and economic conditions
legal realism
law can never be enforced with complete consistency
legal realism
In case of the landlord-tenant law, the owner of the property is known as the:
lessor
Wong owned a laundry store in Colorado but had to move to Salt Lake City, Utah for personal reasons. He wants to establish another laundry store in the new city. He can find information regarding local taxes if he refers to:
local ordinances
Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction is called ______.
long-arm statutes
Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to the trial for $1,000. The lawsuit is now ______.
moot
The court may grant a ______ if after reviewing the evidence in the case, there is no factual dispute and one party is entitled to judgment prior to trial.
motion for summary judgment
The _____ principle requires that each member nation protect artists of all signatory nations equally.
national treatment
suggests that individuals should have the freedom to disobey a law enacted by people if their conscience goes against the law and they believe the law is wrong.
natural law
A defendant who argues that commission of a crime was necessary to prevent a more severe crime from occurring is relying upon the defense of __________.
necessity
case law can be revoked by
new statues
Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue Robert for defamation, but she has no interest in that. Can you sue as the plaintiff on behalf of Yolanda?
no, because you have no standing
Which of the following amendments to the U.S. Constitution specifically sets forth the exclusionary rule?
none of the abve
Define Negligent Tort
occur when the defendant acts in a way that subject other people to an unreasonable risk of harm. The defendant is caress to someone else's detriment
Mrs. W worked as a personal secretary to the manager of a firm. She was caught taking away stationery from the office for personal use. It was revealed during trial that she had been doing this ever since she joined work. This is a case of:
petty larceny.
involves the use of past decisions to guide future decisions
precedent
Which of the following is using fraudulent means to obtain information about someone's phone use
pretexting
According to the text, which of the following may be a part of the "how" in the WPH process of decision making?
public disclosure
the 'television test' with regard to the WPH framework
public disclosure
If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on:
public law
controls disputes between private individuals or between groups and their government.
public law
Which of the following do appellate courts primarily handle?
questions of law
Eva had entered into a long term lease agreement with Charles, the landlord. The agreement stated that the rent for the residential property would be $700 per month. However, after a period of 1 year of Eva's stay at the property, Charles increased the rent to $750 per month. It is clear that the agreement consisted of a(n) _____ clause.
rent escalation
Usually the issue of _________ arises when one party claims that the case is moot.
ripeness
A noted women's charity sued a garment retail chain for installing hidden cameras in their fitting rooms. Which tort has been violated here?
seclusion
The plaintiff must provide the defendant in a lawsuit with a copy of the complaint. That process is called ______.
service of process
Which of the following are stakeholders of a business?
shareholders, employees, management, customers
The ethical theory that requires that we evaluate the morality of an action by imagining ourselves in the position of the person facing the ethical dilemma is called
situational ethics
In which of the following involves tricking consumers into changing their phone service to another carrier without their consent?
slamming
Where in the federal court system are bankruptcy cases initially heard?
special trial courts
The definition of business ethics refers to _____ of business conduct.
standards
In a case between Mann versus Roberts in the state of Iowa, one party appealed the verdict of the state trial court. In the absence of an intermediate court of appeal, where would the case be heard?
state supreme court
The rules and regulations put forth by legislatures
statutory law
Which of the following is a document that notifies the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time, a default judgment will be entered?
summons
At trial, a defense lawyer states that evidence should not be admitted because it is "fruit of the poisonous tree." Upon which of the following is the attorney relying?
the exclusionary rule.
The main focus of a case of trade-dress infringement is usually on:
the likelihood of consumer confusion.
Which of the following is true of a 'bench trial'?
there is no jury in the trial
On Halloween night, Rob was returning home late. A young boy dressed as Death accosted him on the street and demanded Rob handover all the money he was carrying. Rob was momentarily shaken although he was able to get away from the boy. This is an assault case because:
there was apprehension.
The term _____ means the overall appearance and image of a product.
trade dress
A _____ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.
trade secret
A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer.
true
A party only has a limited number of challenges for cause in jury selection.
true
A person who has the legal right to bring an action in court has standing.
true
Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case.
true
If an appellate judge agrees with the majority's decision, but for different reasons, the judge may write a "concurring" opinion.
true
In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction.
true
Once a case is in the proper court system, venue determines which trial court in the system will hear the case.
true
Peremptory challenges in jury selection may not be racially based.
true
State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system.
true
Subject-matter jurisdiction is a court's power to hear certain kinds of cases.
true
The defendant responds to a complaint with an answer.
true
The word "jurisdiction" comes from the Latin terms "juris," meaning "law," and "diction," meaning "to speak."
true
A _____ occurs when the holder issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder.
tying arrangement
The ______ for ethical behavior seeks consideration of what the world would be like if a decision is copied by everyone else.
universalization test
Positive abstractions that capture our sense of what is good or desirable are called ______.
values
Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county?
venue
Rudolf, a tenant, used the garden area of Rhea's (the landlord) property as parking area without her permission, which led to damage of the grass and other plants. It can be said that Rudolf created a:
waste
Which of the following is one of the basic elements of crime?
wrongful behavior
According to the _____________ Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states.
10th
How many circuits does the U.S. Court of Appeals have?
12
The arbitrator typically provides a decision within ___________ days of an arbitration hearing.
30
Under the Sarbanes-Oxley Act, it is now a felony to willfully fail to maintain proper records of audits and work papers for at least ______ years.
5
Assuming there are no vacancies, how many U.S. Supreme Court justices are there?
9
A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days.
90
Which of the following statements is true according to the categorical imperative of deontology?
A business decision can be evaluated on the basis that it would be consistent for everyone in society to take the same decision.
Which of the following is an example of the imposition of strict liability?
A business sells cigarettes to a minor.
Susan ran a traffic light and did significant damage to Paul's car. Susan has no insurance and no assets except for a farm. Which of the following is true?
A court can try the case and following judgment for Paul, exercise quasi in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go to Susan to compensate her for the trouble she had trying the case.
Adult siblings, John, Sam, and Andy, are in disagreement over how to split the proceeds of a piece of land left to them by a rich uncle who recently died. The uncle was a resident of Georgia, and the land is in Georgia; but neither John, Sam, nor Andy live there. Which of the following is true regarding jurisdiction over the dispute?
A court in Georgia would have in rem jurisdiction over the dispute.
Susan, a resident of Illinois, ran a traffic light while traveling in Michigan and did significant damage to Paul's car. Paul obtains a judgment against her, but Susan has no insurance and no assets except for a farm in Alabama. Which of the following is true?
A court in Illinois can exercise quasi in rem jurisdiction over the farm and authorize its sale. Any excess over Paul's amount of damages would go to Paul for his trouble.
Which of the following is true regarding an arrest without a warrant?
A law enforcement agent can arrest a suspect without a warrant if the officer believes there is probable cause but not enough time to obtain a warrant.
Which of the following occurs when a defendant makes a first appearance?
A magistrate determines whether there was probable cause for the arrest.
What is a pretrial motion?
A motion filed by either party to conclude the case early, after the pleading.
What is meant by peremptory challenges?
A party can object to a certain number of potential jurors without citing a reason.
Which of the following defines a libel?
A permanent publishing of defamation
Under which of the following situations does the tort of trespass to realty occur?
A person causes an object to be placed on the land of another without the landowner's permission. A person stays on the land of another when the owner tells him to depart. A person refuses to remove something he placed on the property that the owner of the property asked him to remove. All of the above.
Which of the following is true regarding the apprehension necessary for the tort of assault?
A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm.
What type of dispute resolution process is med-arb?
A process in which the parties agree to start out in mediation and, if the mediation is unsuccessful on one or more points, to move on to arbitration.
Which of the following is a clause in a lease agreement allowing the landlord to increase the rent in association with increases in costs of living, property taxes, or the tenant's commercial business?
A rent escalation clause
When the organization in charge of proposing uniform laws proposes a statute, which of the following is true?
A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part.
Which of the following is true regarding trade secret protection?
A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
What is true regarding treaties at the federal level?
A treaty is generally negotiated by the executive branch and must then be approved by two- thirds of the Senate.
What is a directed verdict?
A verdict for the defendant as the jury would have no legal basis for decision in favor of plaintiff even if it regarded the plaintiff's claims to be true.
Which of the following is true regarding a corporate code of ethics?
A well-managed corporation tries to provide ethical leadership by establishing codes of ethics.
Which of the following is a tort?
A wrong or injury to another, other than a breach of contract.
Which of the following is NOT a type of compensatory damage? A. Damages to punish the defendant for wrongdoing B. Cost to repair damaged property C. Medical Expenses D. Lost wages
A. Damages to punish the defendant for wrongdoing
Ryan had taken a commercial property for rent for a period of 5 years. However, after completing 2 years and 2 months, Ryan permanently left the place without informing the landlord and made no further payment of rent. Which of the following would best describe this behaviour?
Abandonment
Which of the following occurs if a tenant moves out of leased premises before the end of the term, has no intent to return, and had defaulted on rent payments?
Abandonment
Which of the following tells business managers to examine all the potential actions in each situation and choose the action that yields the greatest amount of pleasure over pain for all involved?
Act utilitarianism
A[n] ______ eviction occurs when a landlord physically prevents a tenant from entering leased premises.
Actual
Which of the following is the term that describes wrongful behavior in a criminal action?
Actus reus.
Which of the following is true regarding administrative agencies?
Administrative agencies exist at the federal, state, and local level.
Over which of the following does the federal court system have exclusive jurisdiction?
Admiralty cases, bankruptcy cases, and federal criminal prosecutions
Over which of the following does the federal court system have exclusive jurisdiction?
Admiralty, bankruptcy, and copyright cases
A defendant uses a[n] ______ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.
Affirmative defense
A defendant uses a[n] _____________ when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff.
Affirmative defense
Which of the following was the result in the Case Opener involving the lawsuit brought by Papa John's International, Inc. against former franchises?
All claims were allowed to proceed except for claims of copyright infringement which were dismissed with leave to replead the claim.
Which of the following is a type of lease?
All the above
Which of the following is true regarding security deposits?
All the above
When is an arbitrator's decision called an "award"?
Always
Which of the following defines a Ponzi scheme?
An investment swindle where high profits are promised from fictitious sources.
Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true?
Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy.
Which of the following happens if the defendant is not informed of the Miranda Rights?
Any information a defendant offers at the time of arrest is inadmissible.
Which of the following are considered infants under the law in regards to criminal activity?
Any person under the age of majority.
Which of the following statements is true of appellate courts?
Appellate courts have the power to review previous judicial decisions
Which of the following is[are] positive about arbitration?
Arbitration is less expensive generally than litigation.
a(n) __ occurs when one person places another in fear or apprehension of immediate, offensive bodily contact
Assault
Which of the following is not a typical type of compensatory damage?
Attorney fees.
Which of the following would constitute the privacy tort of false light?
Attributing characteristics or beliefs to a person that he or she does not possess.
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? A. Forcible detention B. False imprisonment C. Qualified imprisonment D. Contained detention
B- False imprisonment
Once a trademark is registered today, when must it be renewed for the first time?
Between the fifth and sixth year.
Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct?
Bob has committed the tort of unfair competition.
Which of the following are tools of discovery?
Both interrogatories and depositions, but not summary motions
Which of the following is needed for diversity-of-citizenship?
Both that the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000.
For purposes of diversity-of-citizenship, where does a corporation reside?
Both the state in which the corporation has its principal place of business and the state of incorporation.
In a criminal case, a government official was convicted for providing false witness for a company in exchange for money. What sort of offense is this?
Bribery of a public official
Which of the following occurs when someone unlawfully enters a building with the intent to commit a felony?
Burglary
How was the process of judicial review through which courts review legislative and executive actions to determine whether they are constitutional established?
By common law
Which of the following is liability without fault? A. Negligence B. Assumption of Risk C. strict Liability D. Storekeeper Liability
C- Strict Liability
Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50% art fault before the plaintiff can recover? A. Assumption of risk B.Last Clear Chance C. Modified Comparative Negligence D. Pure comparative negligence
C. Modified Comparative Negligence
The ______ requirement ensures that courts do not render advisory opinions.
Case or controversy
The _____________ requirement ensures that courts do not render advisory opinions.
Case or controversy
A person who believes that they should not cheat on a drug test because if everyone did so, the drug test would be meaningless is applying a[n] ______.
Categorical imperative
Which of the following is a mark licensed by a group that has established certain criteria for use of the mark, such as "U.L. Tested" or "Good Housekeeping Seal of Approval"?
Certification mark
Which of the following is a mark identifying the producers as belonging to a larger group, such as a trade union?
Collective mark
Which of the following identifies areas such as yards, lobbies, elevators, stairs, and hallways that are used by all tenants?
Common areas
What is reported in the Federal Reporter?
Common law
The primary type of damages in tort law is referred to as ______.
Compensatory damages
Which of the following is false regarding trade secret protection?
Competitors may not discover trade secrets by doing reverse engineering.
a way to take the universalization test for a business owner
Considering the impact on the world if the decision were applied by all businesses
Which of the following spell out what market participants may and may not legally do?
Constitutions, legislatures, regulatory bodies, and courts
_____ protect the expression of creative ideas.
Copyrights
Which of the following is true regarding corporate executives being held personally liable for business crime?
Corporate executives may be found personally liable for a business crime regardless of whether the business crime was committed for personal benefit or for the benefit of the corporation.
In response to the trade union's demands, Firm Z holds an executive-level meeting. In the meeting, the executives weigh the monetary consequences of agreeing to the union's demands. Which theory of business ethics are they following?
Cost benefit analysis
approach to jurisprudence is based on choosing alternatives that maximize benefits and minimize costs, and is tied to the pursuit of efficiency
Cost-Benefit Analysis
The ______ is the promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land.
Covenant of quiet enjoyment
A _____________ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.
Default judgment
A[n] ______ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment.
Default judgment
A[n] ______ lease automatically expires at the end of the specified term, and the landlord is not required to give any notification of termination.
Definite-term
A business manager may consider it wrong to terminate a person whose spouse has terminal cancer because a firm has an absolute obligation to support its employees when they are vulnerable. The business manager is acting consistently with which ethical theory?
Deontology
Kantian ethics is involved with which of the following ethical theories?
Deontology
Which of the following consists of acting on the basis of the recognition that certain actions are right or wrong, regardless of their consequences?
Deontology
At a[n] _____________ attorneys examine a witness under oath with a court reporter present.
Deposition
A(n) _______________ mark identifies a significant characteristic of the product but is not the common name of the product.
Descriptive
Attorney Candy represents plaintiff Ann who is suing her neighbor for nuisance claiming that the neighbor plays music too late at night. Candy puts Ann on the stand and asks her questions. Candy is involved in which of the following?
Direct examination
Which of the following is defamation of a business product or service?
Disparagement.
Which of the following aid plaintiffs in establishing negligence claims? A- Only res ipsa loquitur B- Only negligence per se C- Only assumption of risk D- Res ipsa loquitur, negligence per se, and assumption of risk E- Res ipsa loquitur and negligence per se
E- Res ipsa Loquitur and negligence per se Res ipsa loquitur- " the thing speaks for itself" plaintiff uses to allow the judge or jury to infer that more likely than not, the defendants negligence was the cause of the plaintiffs harm, even though there is not direct evident of the defendants lack of care. Negligence per se- helps plaintiff succeed in negligence cases. applies to cases in which the defendant has violated a statue enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs
What is vicarious liability?
Employers are liable for the wrongful acts of their employees.
Which of the following does the Public Company Accounting Oversight Board do?
Ensure that auditors and public accounting firms compile accurate and truthful financial reports for the companies they audit and also requires that companies devise a system that allows employees to report suspicions of unethical behavior.
Why must multinational companies take into account the different ethical understandings that prevail in a different country?
Ethical conceptions shape business law and business relationships uniquely in each country.
The ______ adherents believe that when one individual, the caregiver, meets the needs of one other person, the cared-for party, the caregiver is helping to meet the needs of all the individuals who fall within the cared-for party's web of care
Ethics of care
The ______ holds that the right course of action is the option most consistent with the building and maintaining of human relationships.
Ethics of care
theory of business ethics most concerned with human relationships
Ethics of care
After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed?
Every ten years.
What is reported in the Code of Federal Regulations?
Executive Orders
A covenant of quiet enjoyment is one of the covenants made by a lessee.
F
A person who is considered an infant under the law cannot be tried as an adult under any circumstances.
F
A rent escalation clause is typically found in short-term leases.
F
A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."
F
A teacher cannot be held liable for copyright infringement under the fair-use doctrine so long as copies are only used for educational purposes.
F
By federal law, if a tenant vacates prior to the expiration of the lease term, the landlord has no duty to attempt to lease the property to another party.
F
China punishes embezzlement and bank fraud less severely than the U.S.
F
Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse.
F
Copyrights protect ideas themselves.
F
Defense of property cannot be a defense to a claim of battery.
F
Rent ceilings are always illegal.
F
Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.
F
The primary purpose of criminal law is to compensate a victim.
F
When it comes to assault, apprehension and fear are considered as the same thing.
F
A bystander may not invoke the doctrine of strict-liability in a lawsuit. TRUE OR FALSE
FALSE
According to the pure comparative negligence defense, a defendant myst be more than 50% at fault before the plaintiff can recover. TRUE OR FALSE
FALSE- Modified comparative negligence
T/F: A service mark is a mark licensed by a group that has established certain criteria for use of the mark such as "U.L. Tested" or "Good Housekeeping Seal of Approval."
False
T/F: A teacher cannot be held liable for copyright infringement under the fair-use doctrine so long as copies are only used for educational purposes.
False
Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time?
False imprisonment.
Ed goes door-to-door selling magazine subscriptions. Ed knows, however, that he is simply taking money for subscriptions and has absolutely no intention of ever arranging for the provision of magazines. Which of the following offenses, if any, has he committed?
False pretenses
What is an executive agency?
Federal Deposit Insurance Corporation (FDIC)
Which of the following cases would fall under concurrent federal jurisdiction?
Federal-question cases
Which amendment gives citizens the right not to testify against themselves in a criminal case?
Fifth
Which of the following is true regarding the protection of "fighting words" under the First Amendment?
Fighting words are unprotected speech under the First Amendment.
Why must firms honor, to some extent, the social responsibility to business?
Firms are always subject to the implicit threat that legislation will impose social obligations on them.
Which of the following is true regarding landlord liability in England?
For a landlord to be held liable due to negligence, he or she must have created the disputed defect.
A company is caught bribing government officials in foreign countries in order to establish and maintain its affiliate branches there. The fines levied on the company fall under which act?
Foreign Corrupt Practices Act
Which amendment protects citizens from unreasonable searches and seizures?
Fourth
Which of the following are values in the WPH process of ethical decision making?
Freedom, security, and efficiency
In which of the following orders of ascending strength may marks fall?
Generic, descriptive, suggestive, arbitrary or fanciful.
The idea that we should interact with other people in a manner consistent with the manner in which we would like them to interact with us is called the ______.
Golden Rule
Which of the following is true, as reflected in the case of Rexford Kipps v. James Cailler, regarding the immunity of public officials?
Government officials are entitled to qualified immunity insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
Candy wants to start an Internet business. She is told by the Chinese government that certain items on her site are objectionable and illegal, and that if she wants to do business in China, she must remove the objectionable material. Which of the following is true?
If Candy wants to do business in China, she must abide by Chinese law.
Which of the following statements is true about eviction?
If the landlord prevents the tenant to enter any part of the premises, a full eviction has occurred.
Which of the following is false regarding the liability of a landlord?
If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises.
Bob leases an apartment from Brenda and pays rent of two months in advance, plus a damage deposit. Unfortunately, when he attempts to move in, he finds that Connie is living in the apartment. Connie tells him that Brenda had no right to ask her to leave and that she is staying put. Which of the following is true assuming that Connie has no legal right to occupy the premises?
In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant.
What is the basis of consequentialism?
Inquiry into the consequences
_________ torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result.
Intentional
Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed?
Intentional infliction of emotional distress.
What are the common classifications of torts?
Intentional, negligence, and strict liability
Which of the following are common classifications of torts?
Intentional, negligent, and strict-liability.
Which of the following are written questions that one party sends to another to answer under oath?
Interrogatories
To be protected in ____________ use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947.
Interstate
Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed?
Intrusion on an individual's affairs or seclusion.
Which of the following holds that a person may be deemed not guilty by reason of insanity even if he or she knew that a criminal act was wrong, as long as some "irresistible impulse" resulting from a mental deficiency drove the person to commit the crime?
Irresistible impulse test.
Which of the following describes the theory of ethical relativism?
It denies the existence of objective moral standards; it holds that individuals must evaluate actions on the basis of what they feel is best for them; it holds that since morality is relative, no one can criticize another's behavior as immoral.
Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website?
It depends on the nature and quality of commercial activity that an entity conducts over the Internet.
Which of the following is true for compensatory damages?
It does not include attorney fees.
Why have most states enacted a long arm statute?
It enables courts to serve defendants outside the state as long as the defendant has sufficient minimum contacts within the state.
Which of the following is true regarding the Fourteenth Amendment?
It extends due process and most constitutional protections to all states.
How is absolutism different from ethical relativism and situational ethics?
It holds that whether an action is moral does not depend on the perspective of the person facing the ethical dilemma.
Which of the following is true of the term "tort"?
It is a French word meaning "wrong."
According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?
It is divided between federal and state governments.
What does "covenant of quiet enjoyment" mean?
It means that the landlord promises not to interfere with the tenant's use and enjoyment of the property.
What is the system of "guanxi" used in China?
It refers to a system of relationship building woven together by social ties.
Mr. Z shot and killed an armed robber who had his gun pointed at him. The robber died at the scene of the crime. What defense can Mr. Z use to get acquitted?
Justifiable use of force
In the landlord-tenant relationship, the owner of the property is called the ______.
Landlord or lessor
Which of the following is the secretive and wrongful taking and carrying away of the personal property of another with the intent to permanently deprive the rightful owner of its use or possession?
Larceny
In the landlord-tenant relationship, the property in question is called the ______.
Leasehold estate
What are the three independent branches of the federal government?
Legislative, executive, and judicial
Which of the following is true regarding the relationship between ethical relativism and situational ethics?
Like ethical relativism, situational ethics requires that we evaluate the morality of an action by imagining ourselves in the position of the person facing the ethical dilemma.
Laws which enable a court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called _____________.
Long-arm statutes
Which of the following torts seek to compensate people wrongfully charged with either criminal or civil matters?
Malicious prosecution and wrongful civil proceedings but not abuse of proceeding.
Tulip was a tenant at Ron's property. She has taken the ground floor of the property to open a restaurant. Ron resided at the second floor of the property. Meg, a customer at Tulip's restaurant, slipped and fell on a wet floor inside the restaurant after entering a room that said "Employees only." Who would be responsible for Meg's injury?
Meg herself
Which of the following is a term describing the wrongful state of mind needed for a criminal action?
Mens rea.
Which of the following Supreme Court cases established the right to counsel before questioning by the police?
Miranda v. Arizona
Which of the following motions is filed by the winning party after the trial ends?
Motion for a judgment in accordance with the verdict
group that urges states to enact model laws to provide greater uniformity of law
National Conference of Commissioners on Uniform State Laws
Which of the following is a principle of The Paris Convention of 1883?
National treatment
A labor union at a match factory protested against the unhealthy conditions in which they were required to work. Management refused to make changes since all the workers had signed an employment contract stating that they were willing to work in any condition provided by the factory. Despite the legal contract, the labor union has decided to litigate. On what grounds would their case, most likely, be fought?
Natural law
Which of the following is responsible for registering domain names for Internet use?
Network Solutions, Inc.
Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda?
No, because you have no standing.
Which of the following is a plea in which the defendant does not admit guilt but agrees not to contest the charges?
Nolo contendere.
_______________ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff.
Nominal
Which of the following is true under the WPH process of ethical decision making?
None of the above is true.
Which of the following is true regarding state courts of appeal?
Not all states have intermediate courts of appeal; and in those states, appeals go to the state court of last resort.
Which of the following is true regarding state courts of appeal?
Not all states have intermediate courts of appeal; in those states, appeals go to the state court of last resort.
Define Strict-liability Tort
Occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes.
Define Intentional Torts
Occurs when the defendant takes an action intending certain consequences or knowing they are likely to occur.
Which of the following statements is true?
On sale of a leased property, the new owner cannot force the tenant to move out of the property.
What is Tort law?
One of the major areas of law. It gives the injured party the right to bring a lawsuit against the wrongdoer to recover compensation for injuries
If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?
Only an injunction prohibiting the infringer from using the mark.
Which of the following helps explain why the principle of deontology may be difficult to apply?
People disagree about what duties we owe to one another.
Which of the following is an investment swindle in which high profits are promised from fictitious sources and early investors are paid off with funds raised from later investors?
Ponzi scheme
Who can issue executive orders?
President and state governors
Which of the following is an ADR method in which a referee is selected and paid by the disputing parties to offer a legally binding judgment in a dispute?
Private trials
Ordinarily, to obtain an arrest warrant, a law enforcement agent must demonstrate that there is ________ that a suspect committed or is planning to commit a crime.
Probable cause
Which of the following are types of due process?
Procedural and substantive due process, but not independent due process.
Which of the following is a mark affixed to a good, its packaging, or its labeling?
Product trademark
intent of the Sarbanes Oxley Act
Promoting high standards of business ethics.
Which of the following is a protection offered by the Fourth Amendment?
Protection from unreasonable search and seizure.
___________ damages are damages awarded to punish the defendant.
Punitive
_____ can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises.
Rent
What contains summaries of common law rules in a particular area of the law?
Restatements of the Law
Which of the following is the forceful and unlawful taking of personal property?
Robbery
Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true?
Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
Jane is unhappy with her neighbor Sam because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. He refuses, and she proceeds to sue him for nuisance. Which of the following is true?
Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action.
A _____________ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant.
Search warrant
During the swine-flu outbreak, the verbal comments of a journalist caused many people to doubt and boycott the produce of Mr. Porky's food chain. This caused a significant reduction in sales and the firm sued the journalist. What tort is applicable in the above scenario?
Slander of quality
Which of the following is true regarding federal jurisdiction?
Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases.
When the First Amendment is concerned, which of the following does the term "political speech" reference?
Speech that occurs when corporations support political candidates or referenda.
Zack, the president of ABC Company, falsified documents to make it appear as if he had been granted stock options on certain dates, and he selected the dates after the fact, picking dates on which the stock price was low. Which of the following offenses, if any, did he commit?
Stock option backdating
___ torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes
Strict Liability
Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property?
Substantive due process
A(n) ____________ mark is one that requires imagination, thought, and perception to reach a conclusion as to the nature of the goods.
Suggestive
_____ is a mutual agreement between a landlord and a tenant to terminate the lease.
Surrender
A person who applies for a domain name on the Internet will be granted the domain name so long as no one else holds that name.
T
An invention may be considered a trade secret.
T
Congress amended the Foreign Corrupt Practices Act to conform to the Anti-Bribery Convention adopted by the Organization for Economic Cooperation and Development.
T
Consent, if proven, is a defense to battery.
T
Copyrights protect the expression of creative ideas.
T
Embezzlement is distinguished from larceny because in embezzlement, the individual does not take the property from another and is already in possession of the property.
T
If a defamation statement was originally broadcast by a company in the United States and was re-broadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court.
T
If a landlord accepts surrendered property, the tenant is usually relieved of the rent obligation, and the lease is terminated.
T
If a landlord retains control of and access to property, the relationship is likely not a landlord-tenant relationship because the tenant does not have an exclusive right to possession of the property.
T
If an individual has a history of not paying rent or severely damaging premises, the landlord does not have to enter into an agreement with this person to lease premises.
T
Interference with a tenant's quiet enjoyment of property may be in the form of an eviction.
T
Mail fraud is a federal crime.
T
Network Solutions, Inc. is funded by the National Science Foundation and is responsible for registering domain names on the Internet.
T
Privilege is an affirmative defense in a defamation action.
T
Rent can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises.
T
Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind.
T
The use of moral pressure is insufficient to establish false imprisonment. TRUE OR FALSE
TRUE
To use the assumption of risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. TRUE OR FALSE
TRUE
Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do?
Take Billy's deposition.
The first ____________ amendments to the U.S. Constitution are known as the Bill of Rights.
Ten
Parties to a[n] ______ lease may terminate the lease at any time.
Tenancy-at-will
In the landlord-tenant relationship, the party who assumes temporary ownership of the property is the ______.
Tenant or lessee
A definite-term lease is also known as a[n] ______.
Term-for-years
What does the Fifth Amendment's protection against self-incrimination mean?
That a person does not have to be a witness against himself or herself in a criminal case period.
What does the establishment clause of the First Amendment provide?
That government cannot make a law respecting an establishment of religion.
New State passes a law prohibiting the importation of out-of-state apples in order to help in-state growers. Which of the following is the best argument for the out-of-state growers who wish to challenge the new law?
That it violates the dormant commerce clause.
Of which of the following must a defendant be informed before questioning?
That the defendant has the right to consult an attorney before speaking to the police.
Which of the following was the result in the "Case Opener," the case in the text in which Roommates.com was sued for alleged violations of the Fair Housing Act and some California statutes because of its involvement in matching roommates?
That the defendant was enabling discrimination and not entitled to immunity.
What does the protection against "double jeopardy" mean?
That the government cannot try a person more than once for the same crime.
A judge reports that a jury was "hung." What does the judge mean?
That the jury could not reach a decision.
Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom?
That the statements were true, that the statements were made in Parliament, or that the statements were made in court.
Which of the following did the U.S. Supreme Court rule in Hertz Corp. v. Friend as the appropriate test for determining a corporation's principle place of business for purposes of diversity jurisdiction?
The "nerve center" test
Carla learns that her employer, a healthcare facility, is committing fraud against the government by filing false Medicare claims. Under which of the following might she obtain a portion of any recovery obtained by the government?
The False Claims Act.
Which amendment protects against double jeopardy?
The Fifth Amendment
Which of the following serves to combat bribery of foreign officials?
The Foreign Corrupt Practices Act
Which of the following references the clause of the U.S. Constitution that provides that, "Full Faith and Credit shall be given in each state to the public Acts, Records, and judicial Proceedings of every other state"?
The Full Faith and Credit Clause
which school of jurisprudence is the concept of stare decisis rooted?
The Historical school
Which of the following allows a defendant to be found not guilty by reason of insanity if he or she did not understand the nature of the act?
The M'Naghten test
What is the name of the law signed by President Bush in the wake of several corporate accounting scandals?
The Sarbanes-Oxley Act
Which of the following is true regarding federal taxation?
The U.S. Constitution explicitly grants Congress the power to tax; the taxes laid by Congress must be uniform across the states; and Congress can legitimately use taxes to encourage the development of certain industries and discourage the development of others.
Which of the following was created by the National Conference of Commissioners on Uniform State Laws to create more uniformity among the state laws governing the landlord-tenant relationship?
The Uniform Residential Landlord and Tenant Act
Which of the following was developed by the United Nations as an alternative for countries who wanted to participate in some form of multilateral protection of copyrights, but did not want to agree to the terms of the Berne Convention?
The Universal Copyright Convention
Which of the following administers international treaties pertaining to the protection of intellectual property?
The World Intellectual Property Organization