fina2244 final exam
The Federal Trade Commission was established in 1915 to regulate _______________________ practices.
-All of the above are correct. unfair trade misleading trade deceptive advertising and marketing
The cornerstone of federal employment discrimination law is the ____________________.
-Civil Rights Act of 1964 Equal Pay Act of 1963 Disabilities Act of 1977 Age Discrimination Act of 1967
The first step in pursuing a claim under Title VII is to file a claim with the ________________________.
-EEOC state governor's office U.S. Department of Labor U.S. Department of Justice
The ___________________________ Act regulates credit bureaus (consumer reporting agencies).
-Fair Credit Reporting Equal Credit Opportunity Fair Credit Billing Fair Debt Collection Practices
The _________________________ Act regulates credit bureaus (credit reporting agencies).
-Fair Credit Reporting Fair Credit Billing Consumer Leasing Truth-in-Lending
The ___________________________ is charged with monitoring food and drug safety.
-Food & Drug Administration Federal Trade Commission Health and Safety Board Department of Agriculture
There is only one state in the U.S. that operates with a unicameral legislature. Which state is it:
-Nebraska Idaho Hawaii North Dakota North Carolina
When a court "pierces the corporate veil" it:
-hold shareholders personally liable for corporate debts sanctions the under capitalization of the corporation provides partial protection from corporation debts provides the chief fianancial officer of the corporation with limited liabiltiy holds the board of directors jointly and severally liable
The FTC established through regulations and a policy statement that an advertisement would be considered deceptive if it ____________________________________.
-is likely to mislead a reasonable consumer would definitely mislead any consumer is likely to mislead any consumer could possibly mislead any consumer
____________________________ is a form of sexual harassment.
"quid pro quo" hostile work environment unreasonable interference -Both "quid pro quo" AND hostile work environment are correct.
When there is an undisclosed principal, the agent is:
-liable to the third party for the principal's nonperformance of the contract liable to the undisclosed principal for the third party's nonperformance of the contract liable for only half of the damages incurred by the principal's nonperformance of the contract not liable to the third party for the principal's nonperformance of the contract none of the other choices are correct
Consideration is defined as something of value or something bargained for in exchange for a promise. Normally, if consideration is absent:
-neither party may enforce the promise none of the other choices either party may enforce the promise only the offeror may enforce the promise only the offeree may enforce the promise
The discovery stage in the trial process is intended for the:
-parties to obtain information about the facts before the trial starts parties to have time to present their sides of the case to the jury, so it can discover the truth judge to have a chance to review the arguments before they make them before the jury all of the other choices are correct parties to have time to present their sides of the case to the judge, who discovers the truth
A grant from the government conveying to and securing for an inventor the exclusive right to make, use, and sell an invention is a:
-patent trade secret none of the other choices copyright trademark
The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:
-represents a standard of how persons in the relevant community ought to behave represents a standard of how all voting-age Americans ought to behave represents a standard of how the average business CEO ought to behave represents a standard of how middle class Americans ought to behave represents a standard of how the average American citizen ought to behave
The part of the Constitution that probably has the largest impact on business is known as:
-the Commerce Clause the Equal Protection Clause the Matters of Interest Clause the Business Clause the Federal Supremacy Clause
An independent contractor is distinguished by:
-the extent of control the employer retains over work performance the extent of control the employee retains over work performance none of the other specific choices are correct the extent of the compensation all of the other specific choices are correct
The mental intent to committing a crime is known as:
-the mens rea capacity premeditation the actus reas none of the other choices are correct
The ____________________ Act requires standardized loan terms in all loan contracts.
Fair Credit Billing -Truth-in-Lending Consumer Leasing Fair Credit Reporting
The _________________ Clause, known as the Food Additives Amendment, was added to the Food, Drug, and Cosmetic Act in 1958 and gave the FDA the authority to set the safe use level of food additives.
Kennedy -Delaney Nutrition Fair Food Additives
If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):
Miranda rights none of the other choices are correct defensive defense exclusionary rule -alibi
A ________________________ is permission given by shareholders to someone else to vote their corporate shares on their behalf in the manner in which the shareholders instruct.
Regulation FD Rule 10b-5 tender offer -proxy
According to the UCC's Statute of Frauds all:
Xall of the other choices sales of goods worth more than $500 must be in writing contracts involving any lease of land or property must be in writing warranties must be in writing material terms must be included in written contract
The 1966 Supreme Court opinion relating to the Miranda rights holds that a person must be advised of their rights:
Xas soon as they are arrested following the execution of a valid waiver none of the other specific choices are correct before the commencement of a custodian interrogation when they are arraigned
Criminal Law is:
Xprimarily from common law primarily made up of statutes passed by Congress and state legislatures primarily made up of statutes derived from International law primarily from British law primarily made up of laws adapted from civil law
Which of the following is true about the federal appeals courts?
Xthe judges must retire at age 65 Xall of the other choices are true courts of appeals usually assign three-judge panels to review decisions of district courts there are ten circuit courts of appeals the U.S. government does not have the right to appeal any decision lost at district courts
If someone is very drunk and then, only because of their drunkenness, cause a fatal accident:
-there can be a crime because there was criminal negligence there can be no crime because there was no willful consent none of the other choices there can be no crime because there was no culpable disregard for the rights of others there can be no crime because there was no mens rea
Which of the following is not needed to establish the tort of intentional misrepresentation or fraud:
-use of force by the defendant justifiable reliance by the plaintiff on the misrepresentation scienter or intent to defraud intent to induce reliance all of the other choices are necessary elements to show the tort existed
The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:
-voir dire stare decisis decisis stare strict questioning dire voir
Governmental control of safety in commercial food, drink, drugs, and cosmetics began with the passage of the Pure Food and Drug Act of ___________.
1914 1898 1900 1890 -1906
The statute of limitations on felony crimes in North Carolina is:
5 years -There is no statute of limitations on felonies in North Carolina 2 years There is no statute of limitations on felonies if the individual charged is an adult none of the other choices are correct
The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees who are over the age of ___________, if the employer has twenty or more employees.
50 35 -40 21
The Family and Medical Leave Act gives employees the right to take:
6 weeks of paid leave per year for health and family related reasons 6 weeks of unpaid leave per years for health and family related reasons 2 weeks paid leave per year for health and family related reasons 12 weeks of paid leave per year for health and family related reasons -12 weeks of unpaid leave per yesr for health and family related reasons
Who said law is reason free from passion?
Atticus Finch Socreties James Madison -Aristotle John Marshall
______________________ is not a major racial group officially recognized by Title VII of the 1964 Civil Rights Act.
Black -European Native American Hispanic
_______________ refers to the country where a person is born or the country from which his or her ancestors came.
Color Gender Religion -National Origin Sex
A quitclaim deed is:
all of the other specific choices are correct a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor -a deed of conveyance that passes whatever interests the grantor had in the property a deed that promises that a good, clear title to the property is being conveyed by the grantor none of the other specific choices are correct
In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:
allowed only if probable cause is first established -dropped under the exclusionary rule allowed to be referred to but not presented directly irrelevant since there can be no trial if there was an improper search none of the other choices
In a criminal case, if evidence is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:
allowed only if probable cause is first established allowed to be referred to but not presented directly irrelevant since there can be no trial if there was an improper search none of the other choices -inadmissible at trial under the exclusionary rule
Debt collection usually begins with:
an angry phone call -a letter stating that the account is past due a court summons an official visit by a debt collection agency a personal visit by a debt collector
A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:
an answer all of the specific choices are possible a motion to dismiss Xnone of the specific choices are proper at this stage of the proceedings Xa counterclaim
The Environmental Protection Agency is an example of:
an executive agency a state legislature a congressional agency none of the other choices -an administrative agency
Employers are obliged to make ____________ accommodations for persons with disabilities and are expected to incur expenses in making a position or workstation available to qualified disable applicants and employees.
any fair -reasonable equitable
Original jurisdiction means power to:
appoint special prosecutors to investigate a case of alleged abuse remove a lawsuit from a court to arbitration legally create disputes -accept a lawsuit, try it, and pass judgment revise or correct proceedings by a lower court
State judges:
are elected in non-partisan (no party affiliation) in some states -are elected in partisan (party) elections in some states are selected by the legislature in some states all of the other choices are correct are appointed by the governor in some sates
Warranty of title means:
a buyer is legally capable of owning the goods for sale any of the other choices a buyer's goods are fit for a particular purpose the buyer's goods are merchantable -a seller is the rightful owner of the goods being sold
Which is not a necessary element of negligence?
a causal connection between the wrongdoer's negligent behavior and the resulting harm to the injured party the injured party suffered actual harm or damage as a result of the wrongdoer's conduct -the wrondoer's actions were motivated by malice the wrongdoer breached a duty of care to the injured party the wrongdoer owed the injured party a duty of care
A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:
a complex system of justice -an adversarial system of justice an adversary systme of justice an aversive system of justice none of the other choices are correct
Under the common law, a contract cannot be formed until an offer is clearly accepted. Under the UCC Article 2:
a contact "may be made only in the presence of a judge" a contract "must be notarized"and must "show sufficient agreement" between the parties a contract cannot be formed until an offer is clearly accepted none of the other choices are correct -a contract"may be made in any manner sufficient to show agreement" between the parties
Cary allows Kail to access his land locked property by using a road that cuts across Cary's land. Kail paid Cary $1000 for the use of the road and can use it whenever he wants. This arrangement is generally known as:
a deed a covenant a remainder a seisin -an easement
Federal courts have the judicial power to hear cases involving:
a dispute between two states a federal question -all of the other choices can be correct a case involving a treaty a dispute between a citizen and a foreign citizen
When a party to a contract does not perform as required, there is:
a failure of contract a breach of trust a failure to perform -a breach of contract a rescinding of the contract
Anna transfers, to her mother Mildred, the right to use Anna's second home so long as Mildred is alive. This is known as:
a fee simple -a life estate a tenancy a fee absolute a lease
Statutory law is:
a form of common law X also known as the fundamental law of the nation a law enacted by a legislative body the separation of powers at the federal level Xall the other choices are correct
A trust is a(n):
a form of property ownership created by the common law that separtates the legal and beneficial ownership of property -form of property ownership created by the common law that combines the legal and beneficial ownership of property form of property ownership created by the tort law that separtaes the legal and beneficial ownership of property form of property ownership created by the common law that prevents people from stealing inheritance money from their co-inheritors none of the other choices are correct
You leave your poodle at a new grooming shop and tell them to wash the dog--a$30 service. They do that and also paint the poodle's nails and tie ribbons in his hair--these services are an extra $10. You pay them for the wash. What about the extra $10 in services?
a quasi-contract existed; you must pay the $10 an express contract existed; you must pay the $10 an implied contract existed; you must pay the $10 The UCC would hold that no contract existed, so no payment -no contract for these services existed, no extra payment
Shareholders, the board of directors and the managers are the three major groups that make up:
a sole proprietorship a joint partnership No answer text provided. -a corporation a limited partnership a nonprofit organization
The complaint filed by plaintiff contains:
a statement of the remedy the plaintiff is seeking the names of the parties a short statement of the facts necessary to show that plaintiff may be entitled to a remedy -all of the other choices are included a statement alleging the facts necessary for the court to take jurisdiction
The parole evidence rule prohibits the introduction of oral evidence into a lawsuit where the evidence presented is contrary to the terms of a written contract. Parole evidence may be introduced when:
a written contract is incomplete -all of the other choices it will prove fraud, mistake or misrepresentation a written contract is unclear it will explain the written instrument through previous trade useage
The tort of trespass to land requires:
actual injruy to the property an unauthorized intrusion coupled with actual injury to the property -an unauthorized intrusion onto the property of another an intent to trespass an intent to trespass coupled with an actual injury
The Constitution was amended almost immediately to ensure that there was:
adequate protection for small business -adequate protection for individual rights adequate tax laws adequate protection for Supreme Court Justices adequate protection for big business
A contract can be discharged by:
agreement of the parties none of the other choices performance legal impossibility -any of the other specific choices
Which of the following debts are not extinguished by a Chapter 7 bankruptcy?
alimony and child support payments -all of the other choices debts incurred by fraud against creditors back taxes fines owed to the government
A major advantage of the use of precedent in law for businesses is that they will:
be able to avoid harsh punishments from the use of ineffective attorneys be unable to enforce contracts be able to get judges to resolve cases in favor of large businesses be unable to plan for future contingencies -have reasonable expectations about the enforcement of agreements
In McCulloch v. Maryland, the Supreme Court held:
because banks were not mentioned in the Constitution they could not be created without amending the Constitution Congress did not validly amend the Constitution before it created a national bank -creation of a national bank was constitutional under the Necessary and Proper Clause National banks violated the Necessary and Proper Clause none of the other choices
As a creditor, a business should:
determine how much capital it needs to borrow -determine the debtor's ability to repay and establish debt collection practices establish debt collection practices determine the debtor's ability to repay all of the other specific choices
Under Title VII of the 1964 Civil Rights Act, unintentional discrimination is referred to as ___________________________ discrimination.
differential standards -disparate impact prima facie disparate treatment
This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate:
disability law because "bright" may discourage applicants with mental problems -age discrimination laws since "young" is probably not over the age of 40 nothing, no violations exist in this ad discrimination law that requires jobs to have clearly stated goals and qualification, not vague terms sex and race discrimination law since women and minorities are presumed not to be hard working
Which is the correct order of stages for a typical lawsuit:
discovery, pleadings, pretrial, trial, appeals -pleadings, discovery, pretrial, trial, appeals pleadings, pretrial, discovery, trial, appeals pretrial, pleadings, discovery, trial, appeals discovery, pretiral, trial, pleadings, appeal
Under Title VII of the 1964 Civil Rights Act, intentional discrimination is referred to as ________________________ discrimination.
disparate impact differential standards -disparate treatment prima facie
Once established, assumption of risk:
does not bar the plaintiff from recovery, if the defendant was negligent prevents the defendant from having to pay more than half of the damage award -usually bars the plaintiff from recovery, even if the defendant was negligent none of the other choices usually bars the plaintiff from recovery, unless the defendant was negligent
A secured creditor is one who:
does not use security to obtain a loan -can take a debtor's property to try to satisfy the debt is insured by the FSLIC is insured by a third party does not use collateral to obtain a loan
When someone is in a position of trust with money and they take it for their use, it is:
economic espionage -none of the other choices racketeering money laundering insider trading
A major purpose of tort law is to:
ensure the effective operation of the Due Process Clause replace the insurance industry impose criminal penalties on the negligent ensure Equal Protection of the 14th Amendment is operational -provide compensation for injured parties by wrongdoers
The United States Constitution:
established the common law created the cabinet officers (Secretary of State, Secretary of Defense, etc.) created the three branches of government X all of the other choices are correct is the oldest written constitution except for those in England (UK) and Spain
Cause in fact is established by:
evidence showing that the defendant could not have prevented the injury evidence showing the victim could not prevent the injury evidence showing the defendant intentionally harmed the victim evidence showing the victim was harmed due to circumstances outside his control -evidence showing that a defendent's action or inaction is the actual cause of an injury that would not have occurred but for the defendent's behavior
The United States Constitution divides governmental power to prevent:
extreme gaps in income -the tyranny the founders experienced under King George III excessive taxation states from becoming too powerful none of the other choices
The Lanham Act regulates __________________ advertising claims.
false -All of the above. misleading deceptive
The 1966 Supreme Court opinion relating to the Miranda rights holds that a person must be advised of their rights:
following the execution of a valid waiver none of the other specific choices are correct when they are arraigned as soon as they are arrested -before the commencement of a custodial interrogation
Following a trial's opening statements, the plaintiff:
goes last since he has the burden of proving that his arguments are correct -goes first since he has the burden of proving that his arguments are correct can chose whether or not he wants to go first is not allowed to go first because he might bias the jury none of the other choices are correct
If the U.S. Supreme Court accepts a case on appeal it:
grants original jurisdiction -grants a writ of certiorari asserts trial de novo none of the other choices are correct grants exclusive jurisdiction
Ethics, in the context of business practitioners:
has to do with federal regulations about racial discrimination has to do with only rules governing interactions with other corporations none of the other specific choices all of the other specific choices -has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization
Tort law can be classified as:
intentional negligent strict liability none of the other specific choices -all of the above choices
In Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room. As a result, the jury awarded her 3% $850,000 verdict, or $25,500. This action reflects which of the following legal doctrines?
intervening conduct -comparative negligence contributory negligence assumption of the risk none of the other choices
Article 2 of the UCC covers the sale of:
investment securities goods and business services all of the other choices -goods services
Bankruptcy law:
is largely state common law is federal statutory law is controlled by the Bankruptcy Code is federal statutory law, primarily the Bankruptcy Code -is federal statutory law, primarily the Bankruptcy Code and state bankruptcy codes
If the principal does not pay the creditor, and the surety has to satisfy the debt, the principal:
is not obligated to repay the surety -is obligated to repay the surety is only obligated to repay the surety 50% of the debt is only obligated to repay the surety 25% of the debt is only obligated to repay the surety in some states
At most trials, after the parties present their closing arguments, the:
jury answers questions from the judge to show competence the judge may not instruct the jury on the law -judge instructs the jury on the law; the jury applies the law to the facts it determines jury is required to determine only the facts none of the other choices are correct
The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinate time is:
leasehold deed life estate title -fee simple
The US Constitution created these branches of federal government
legislative, judicial and state legislative, judicial and constitutional executive, senatorial and administrative -executive, legislative and judicial executeive, legislative and state
In an orderly society, law and the legal system help to:
maintain the important values of society -all the answers are part of the role of law provide a way for important social changes to take effect resolve disputes influence the behavior of members of society
An at-will employee:
may not be dismissed for any reason may only be dismissed for committing a major crime -may be dismissed at any time without reason or cause none of the other choices are correct may only be dismissed for certain reasons specified in the employment contract
When a plaintiff files a suit against a defendant, plaintiff:
must give notice to the defendant by posting notice of the suit with the clerk of the court must publish a notice of the suit in the legal advertisement section of the local newspaper has no duty to notify defendant since we have a duty to know what legal actions may be pending against us -must give notice to the defendanty by service of process none of the other choices are correct
Roberta says, "Susan, I will sell you my car for $5,000." Susan says, "I'll give you $4,500." Roberta says "No." Later Susan calls Roberta and says, "I have $5,000 and want the car." Roberta:
must sell the car for $5,000 since the offer was accepted in a timely fashion -does not have to sell the car due to the counteroffer, which is a rejection none of the other choices does not have to sell the car because her offer was not accepted in a timely fashion must sell the car for $5,000, since the offer was accepted
The constitutional requirement that governments must give just compensation for property taken for public use is known as:
necessary and proper clause power of dominant domain -takings clause due process of law unreasonable search and seizure
An example of a private nuisance would be:
noise from a railway interchange -the use of the house next door for drug deals none of the other choices light flicker from windmills run off from a hog farm
Contract law governs the enforceability of:
nonbinding promises involving third parties binding and nonbinding promises the legal relationship that consist of the rights and duties of the agreeing parties growing out of court orders -the legal relationship that consist of the rights and duties of the agreeing parties growing out of promises noncontractual promises
In a case in which a doctor is sued for negligence due to an accidentally botched surgery, the reasonable person standard would be that of:
none of the other choices -a reasonably skilled, competent and experienced doctor a high school biology teacher a recent graduate from medical school an average American
Substantive rules issued by agencies are:
none of the other choices -administrative statutes with the same force and effect of law as statutes passed by Congress rules that describe an agency's organization, method of operation, and internal practices statement that may only rephrase the language of a statute passed by Congress statements that provide the agency staff and public with guidance regarding what the agency believes a certain statute or regulation means
An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a(n):
none of the other choices an agent who has an agency coupled with an interest a gratuitous agent a universal agent -a special agent
A seller or buyer is considered a merchant by the UCC when he:
none of the other choices any of the other specific choices employs an agent or broker who holds himself out as having requisite knowledge or skill Xregularly deals in goods of the kind involved in the transaction by occupation presents himslef as having knowledge or skill specialized to the transaction
An agency through operation of law is established:
none of the other choices by the application of the doctrine of estoppel Xby a written contractual agreement of the parties Xwhen an emergency exists and the "agent's"actions are in the public interest by ratification of the agent's activities by the principal
Meddling with another's business in an unreasonable and improper manner to improve one's own place i the market is an example of the tort of:
none of the other choices interference with business practices interference with intent -interference with prospective advantage interference with competition
Under which of the following conditions would a principal or employer be liable for the torts of an agent or employee:
none of the other choices are correct -the tort occurred within the scope of employment both a and b are correct the tort was authorized by the principal the tort was not authorized by the principal
If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):
none of the other choices are correct Miranda right defensive defense -alibi exclusionary rule
Depositions, written interrogatories, orders for production of documents and request for admissions are all examples of:
none of the other choices are correct the tools of evidence -the tools of discovery the tools of interrogation the tools of trial
The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:
none of the other choices are correct to prevent one state court from having more cases than another state's courts -to provide a neutral forum for handling such disputes to give the plaintiff an advantage to give the defendant an advantage
Under a Chapter 13 proceeding, debts must be repaid usually:
none of the other choices; all debts are liquidated -within five years within three years as soon as practically possible within one year
The principal distinction between assault and batter is:
none of the other specific choices all of the other specific choices -the difference between the requirements of apprehension of an offensive physical contact and of actual physical contact the difference between the requirements of proximate cause and ultimate cause The difference between the plaintiff knowing the defendant and not knowing the defendant
Negligence torts are based on the idea that:
none of the other specific choices if business are not held responsible for injuries caused by carelessness they will become even more careless -we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others businesses make more money than indiviudals and so are financially capable of compensating victims of accidents society owes victims of accidents compensation
An effective acceptance must be:
none of the other specific choices are correct properly communicated all of the other specific choices are correct Xunconditional unequivocal
Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by:
obvious observation indirect observation direct enforcement -direct observation power of subpoena
A manufacturing defect is one which:
ocurred during the manufacturing stage and for which the consumer will not be compensated ocurred after the manufacturing stage and for which the consumer will not be compensated ocurred after the manufacturing stage and for which the consumer will be compensated -occured during the manufacturing stage and for which the consumer will be compensated none of the other choices are correct
The commerce clasue of the Constitution gives Congress the power to regulate trade:
only by U.S. citizens with foreign nations but not trade among the states among the states, so long as the states involved approve, and trade with foreign nations -with foreign nations and among the states among the states but not trade with foreign nations
Under the common law, contract modifications must be supported by new consideration to be binding on the parties. Under UCC Article 2:
parties can only modify an existing sales contract in Court parties need to provide new consideration to modify an existing sales contract -parties need no provide new consideration to modify an existing sales contract parties may not add new consideration to an existing sales contract parties cannot modify an existing sales contract
A commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace is a(n):
patent intangible marker symbol -trademark marker
The Nutrition Labeling and Education Act of 1994 required the FDA to issue nutrition labeling regulations. These FDA regulations now require that certain food components be listed ____________________ on food product nutrition labels.
per two servings per weekly servings -per serving per container
The UCC's remedies for breach of contract for the sale of goods are intended to:
place the breaching party in the same position as if the contract had been performed according to its terms improve the position of the nonbreaching party beyond what it would have been if the contract had been performed according to its terms place both parties in the same position as if the contract had been performed according to its terms -place the nonbreaching party in the same position as if the contract had been performed according to its terms degrade the position of the breaching party
Criminal law is:
primarily made up of laws adapted from civil law primarily made up of statutes derived from International law primarily from British law -primarily from common law primarily made up of statutes passed by Congress and state legislatures
Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act:
prohibited for-profit, but not non-profit, corporations and unions from broadcasting "electioneering communication" promoted "electioneering communication" by political parties allowed political speech by non-profit corporations -prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication" none of the other choices are correct
Chapter 11 Bankruptcies, which are filed by businesses:
prohibits the firm from starting any new operations, and it must wind up all old business none of the other choices force the sale of all business assets wipe the slate clean of debts for a business and allow it to continue operating -allow a business to keep operating under reorganization of its activities and its debts
Enforcement of law in a society is important because it:
promotes social well-being leads to highter literacy rates -provides some predictability and uniformity to the boundaries of acceptable conduct none of the other choices previents large disparities in income
Which is not an element for an offer to be effective:
proper communication Xall the other choices are necessary clear and certain terms and conditions clear intent by the offeror willingness to accept consideration
Gary and Sue start a consulting firm. They are co-owners of it and have joint control over its operation and the right to share in its profits. Their organization is most likely a:
proprietorship syndicate -partnership corporation business trust
The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:
public law procedural law remedy in equity tort law -stare decisis
______________________ is NOT a protected class under Title VII of the 1964 Civil Rights Act.
race National origin Color -Age
An employment of an agent for the purpose of representation in establishing relations between a principal and third parties is known as a(n):
real relationship principal relationship -agency relationship representative relationship third party relationship
The Kefauver Amendment of 1962 requires that the FDA approve drugs based on their ___________________, not just their _______________________ as required before 1962.
reliability, effectiveness safety, reliability safety, effectiveness -proven effectiveness, safety
The Equal Pay Act of 1963 prohibits employment pay discrimination on the basis of ___________________.
religion national origin -sex race
The seller's basic obligation under the UCC is too:
represent the goods properly arrange all elements of the transaction and dela with any problems that arise -transfer and deliver goods that conform to the contract to the buyer refrain from swindling unsuspecting buyers ensure the buyer does not lose money
Suppose parties to a contract that is under the UCC fail to specify some term. The UCC:
requires the terms to be completed before it recognizes a valid contract provides a special master to arbitrate all open terms -has rules to fill the gap about a silent term provides appropriate remedies for the breach created by that failure supplies all necessary terms to complete any commercial contract
An individual with an express or implied invitation to enter the premises of someone else is owed the highest duty of care. These individuals are known as:
rescuers or first responders tenants at law law enforcement officers all of the other choices -invitees
Under some circumstances, courts do not require consideration for a promise to be enforced. The doctrine used by the courts to bind a promisor is called detrimental reliance or:
revocation -promissory estoppel none of the other choices restitution all the other specific choices
exam 2
starts here
exam 3
starts here
In Title VII discrimination cases, after the plaintiff establishes a basic claim, the burden of proof then __________________________________________.
stays permanently with the plaintiff -shifts to the defendant to present evidence that the claim is untrue or that there was a legal reason for its (the employer's) decision, and then the burden shifts back to the plaintiff None of the above. shifts permanently to the defendant
The most common way in which to transfer ownership interests in property is through:
tenancies in common easements appurtenant a will a devise -a deed
If the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that there was necessary intent or state of mind to commit the act then:
the case may go to trial the accused will not get a lawyer -the accused will be convicted of the crime the plaintiff will lose the case the accused might be convicted of the crime
Personal jurisdiction over the person of the defendant is achieved when:
the defendant is served with a copy of the complaint Xwhen the time for responding to a claim has expired Xwhen the complaint is filed 20 days after the filing of the complaint when and only if a response is filed by the defendant
The most immediate control mechanism enjoyed by Congress for regulating administrative agencies in the ability to control agency activity through:
the legislative process the trial process -the budget process the rulemaking process the regulation process
A principal's ratification is:
the principal's acceptance of property from an agent. -a principal's acceptance of responsibility for an agent's actions an agent's acceptance of property from the principal. the principal's rejection of responsibility for an agent's activities the agent's acceptance of responsibility from the principal
Proper venue refers to:
the proper place for a case to be filed none of the other choices the final place a lawsuit is heard -the proper place where a lawsuit is heard the first place a lawsuit is heard
The Franchise Rule requires that the following information must be provided except:
the responsibilities that the parties will have to each other under the agreement an audited financial statement of the franchisor's operation the names and addresses of other franchisees the background and experiences of all existing franchisees -all of the other choices are requred
Most cases involving questions of federal law originate in:
the state municipal courts the U.S. superior courts the U.S. claims court the state district courts -the U.S. district courts
A guarantor is generally the same as :
the surety Xthe grantor the debtor the principal the testator
The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:
the system of equality and fairness none of the other choices are correct -the system of checks and balances the system of power checking the system of judicial influence
To establish the legal requirement of intent for an intentional tort:
the wrongdoer must have known the possible consequences of his act none of the other specific choices all of the other specific choices the wrongdoer must have known what he was doing -the wrongdoer must have known that certain results could occur
Administrative agencies are often created by Congress because:
they can handle litigation more quickly than can the judicial system they can consider technical details more effectively than Congress they have the ability to monitor a regulated industry on a continuous basis -they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis and can handle litigation more quickly than can the judicial system
The UCC's purpose is:
to reduce taxes -to simplify, clarify and modernize the law governing commercial transactions to give each state a unique set of trade laws. to make it easier to prosecute parties who breach contracts to mediate international business disputes
If a debtor cannot meet credit obligations it is said:
to relapse to expire -to default to perfect its claim to attach
An employer is expected to comply with the Americans with Disabilities Act by making reasonable accommodations for persons with disabilities ________________________.
unless the cost to make the accommodation esceeds $100,000 -unless the employer can prove an undue hardship on business operations in all cases only where the work schedules are involved
In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large project build, the Supreme Court held that hte forced sale:
was legitimate even if the city sold the property to a private party none of the other choices violated the takings clause because the largest impact of the action fell on minorities Xwas legitimate as long as the city used the property for government purposes violated the takings clause because property owners were not paid fair market value
You post a notice at school that you will sell your laptop computer for $600. A buyer comes by your room to look at it while you are gone and your roommate sells it for $500, thinking you would be happy with that price, which you did not authorized.
you can accept the deal by express ratification only, not implied ratification the deal cannot be valid because there was no consent -you can accept the deal by express or implied ratification you must accept the deal because people living together have power of attorney you must accept the deal because your roommate had implied authority
Federal judges are nominated by:
-The President the House of Representatives the Senate the state legislatures the Congress
Double taxation on profits is:
-a disadvantage to the corporate form of organization a clever economic strategy an advantage to the corporate form of organization an incentive for governments to lower sales taxes for corporations a driving force behind the trend of business moving oversees
Zoe rents a residential apartment at a local apartment complex for the semester. The interest that Zoe has in the apartment is called a:
-a leasehold a contract for the occupation of property a reversion a tenancy in common a fee simple with a remainder
Some contracts must be in writing and signed to be enforceable. Contracts that are covered by the statute of frauds include:
-all of the other choices contracts that cannot be finished within one year promises to pay the debts of another person contracts for the sale of land promises made in consideration of marriage
In the American court system:
-all the other choices are correct federal court precedents must be followed by state courts there is a federal system and a similar system of trial and appeals courts in each state all state court decisions can be appealed to the U.S. Court of Appeal state supreme court decisions may not be appealed to the U.S. Supreme Court
The elements of the tort of intentional interference with contractual relations include:
-all the other specific choices are correct the wrongdoer's knowledge of the contractual relationship between the injured business and another party none of the other specific choices are correct the existnece of a contractual relationship between the injured business and another party intentional interference with the contractual relationship
In a sale under the UCC, title to goods passes when the goods:
-any of the other choices would be allowed arrive at the buyer's facility arrive for shipment at a port or train or trucking facility when the goods are halfway between buyer and seller leave the seller's facility
Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:
-broad Congressional regulation of business presidential control of foreign trade Senate control of trade negotiations broad state government control of interstate commerce none of the other choices
Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:
-compensatory damages an equitable remedy none of the above nominal damages punitive damages
Rights of literary property as recognized by law are:
-copyrights estates literary rights patents media rights
Employee handbooks usually do which of the following?
-discusses grounds for discipline and dismissal and communicate company policies and procedures discuss grounds for discipline and dismissal communicate company policies and procedures all of the other choices eliminate liability for employers for any on-the-job injuries
The owner of a lost dog posts notices that she will pay $200 for its return. Someone who does not know about the reward finds the dog and returns it. The owner;
-does not have to pay the reward because the offer was not communicated to the person who found the dog must pay the reward because the unilateral contract was completed must pay the reward because there was an intent to make a valid offer and to be bound by that offer must pay the reward due to public policy considerations that encourage the completion of such contracts does not have to pay the reward because there was no meeting of the minds
The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:
Due Process Clause -Necessary and Proper Clause Contract Clause Commerce Clause Takings Clause
Assume that the congregation of a Roman Catholic church wants to hire a new priest and requires that the successful applicant be a graduate of the Roman Catholic seminary. An applicant who is turned down for the job is a graduate of the Baptist Seminary. If the unsuccessful candidate sues arguing discrimination under Title VII, the Roman Catholic church's defense for its seminary requirement would be that it is a __________________________________.
business necessity merit system bona fide seniority system -bona fide ocupational qualification
In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to other. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:
common law never changes none of the other choices courts can never go against a precedent set in previous cases -common law can adapt to changing circumstances modern day values are changing
The basic elements of a contract include:
consideration, legal capacity, parole evidence and remedies offer, acceptance, mutual assent and performance offer, acceptance, legal capacity and execution offer, acceptance, consideration and mutual assent Xconsideration, legal capacity, genuine consent and legal subject matter
To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:
constitutional because New York state interests outweigh other states' interest -unconstitutional because it violates the Commerce Clause a constitutional control on intrastate business constitutional, so long as it is not shown to impede foreign trade unconstitutional because it violates the Necessary and Proper Clause
The law of product liability is primarily concerned with:
contractual harms suffered by institutional investors harms suffered by stockholders when the value of their investment falls -harms suffered by buyers and other person who use defective products none of these harms suffered by businesses for interference with their relations
Karen has a history of drunk driving and has been convicted several times. The Pizza Parlor hires her as a delivery person, despite knowing her history. If Karen causes an accident while on the job because she has been drinking you would expect the Courts to:
hold Karen liable, but not The Pizza Parlor since it was Karen's decision to drink and drive -hold The Pizza Parlor liable for negligence in hiring none of the other choices are correct hold neither Karen nor The Pizza Parlor liable hold The Pizza Parlor liable for negligence in hiring or not, depending on the state
Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:
how law applies to individuals and not to groups or society as a whole how law applies to both individuals and to groups equally how formal law is respected in all nations -how governments can use law to enforce different social norms none
If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:
in personam jurisdiction removal jurisdiction -in rem jurisdiction territorial jurisdiction venue
In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because:
the defendant took no action concerning hte plaintiff that amounted to a tort under the applicable law none of the other specific choices X he was not explicitly or implicitly directed to participate in any unlawful activity his actions were not an important public duty all of the other specific choices
Regulatory takings cases indicate that:
the destruction of property value need not be more than 50% for compensation to be due -the destruction of property value must be almost complete for compensation to be due the destruction of property value need not be extensive for compensation to be due the destruction of property value is irrelevant none of the other choices are correct
For the police to use a warrant to search for evidence they think may exist that is relevant to a suspected criminal act:
the district attorney must issue the police a warrant no warrant is needed if the police determine probable cause exists -a judge must issue a warrant based on probable cause the chief of police must issue a warrant for the officers to use none of the other choices
To create a corporation:
the federal government issues a certificate of incorporation, which must be filed with an application to do business in the relevant states Xarticles of incorporation and an application must first be filed with the federal government the incorporators must hold a public organization meeting, then file articles of incorporation none of the other choices the corporation's articles of incorporation are filed with the appropriate officer of the state
The Bill of Rights is the:
the first amendment of the U.S. Constitution first five amendments of the U.S. Constitution the first draft of the U.S. Constitution the most recent ten amendments of the U.S. Constitution -first ten amendments of the U.S. Constitution
In Palsgraf v. Long Island Railroad, where Palsgraf was hit by machinery that fell when an explosion occurred at a train station, and she sued the railroad for negligence, the New York high court held that the railroad:
was negligent for exposing Palsgraf to danger, but the explosion was not the proximate cause of the accident, so there was no liability was negligent for exposing Palsgraf to danger, but the cause of the accident was a careless passenger, not the railroad, so it was relieved of liability by intervening conduct was negligent for exposing Palsgraf to danger, so could be liable for her injury was negligent for exposing Palsgraf to danger, but its actions were not a substantial factor in what caused the accident, so there was no liability -was not liabile because of a lack of proximate cause
In Hinson v. N&W Construction, where Hinson submitted the low bid to N&W for plumbing work to be part of a larger construction project by N&W, but then refused to do the work when construction was started by N&W, the court held that Hinson's bid:
was unrealistically low, which N&W recognized, so it could not rely on the bid created liability on promissory estoppel, so he was liable for the extra costs incurred by N&W was valid, so there was a breach of contract; Hinson was liable for the full value of the contract -created liability based on primissory estoppel, so he was liable for the full value of the contract could not be relied upon by N&W because he was not licensed for such work
An agency may be established by:
written agreement means of the doctrine of estoppel ratification -any of the other choices operation of law