Study Guide Terms

Bribery is defined as: ​a. giving money, property, or any benefit to a person to influence that person's judgment. ​b. exerting improper political influence. c. ​using one's position as a public official to make an illegal demand. ​d. using one's position as a nonpublic official to make an illegal demand.

a

Garnishment applies to the judgment debtor's: a. ​wages. ​b. attorney fees. c. ​land and home. ​d. cars.

a

Generally, which power(s) does (do) an administrative agency possess? a. all powers necessary to effectively perform the duties entrusted to it b. legislative only c. judicial only d. executive only

a

Racketeering is defined as: ​a. using money derived from illegal activities to invest in legitimate businesses. ​b. using money to influence public officials. ​c. using money to influence foreign officials. ​d. using money to influence employees of competitors.

a

Slander of title and trade libel are collectively known as product __________. a. Disparagement b. Diversion c. Divestiture d. Dilution

a

The ethical category of integrity and truthfulness is best expressed as a. ​​despite the consequences or costs. ​​b. so long as the costs are not great. ​​c. so long as profits can be maintained. ​​d. unless deviating will go unnoticed.

a

​Federal supremacy refers to: a. ​the power of the federal government to legislate in certain areas. ​b. the power of the federal government to declare war. ​c. the power of the President. ​d. the power of the Supreme Court to make decisions.

a

An administrative regulation: a. is a guideline that may be voluntarily followed. b. has the force of law. c. is a suggestion of what will protect the environment. d. is a standard used to guide an industry at the industry's discretion.

b

Bruce opens a used car lot but has difficulty competing with Humdinger Motors, a much larger used car lot down the street. In his newspaper ad, Bruce includes the false statement, "Humdinger sells cars with defective titles." Humdinger experiences an immediate decrease in sales. Bruce has most likely committed the tort of: a. Disparagement b. Defamation c. Contract interference d. Malice

b

Computer crimes include: ​a. theft of hardware. ​b. All of these. ​c. intentional damage to information stored on a computer. ​d. theft of software.

b

Design patents have a duration of ____ years. ​a. 17 ​b. 14 ​c. 20 d. 10​

b

Due process rights apply to: ​a. corporations only. b. ​both individuals and corporations. ​c. individuals, but only in their official capacity within a business. ​d. individuals only.

b

Meetings are to be open to the public under: a. the Administrative Protection Act. b. the Sunshine Act. c. the Freedom of Information Act. d. the Administrative Procedure Act

b

The degree of care required of a person is:​ a. that degree of care the person exercised in the situation at hand. b. that degree of care a reasonably prudent person would exercise under similar circumstances. c. that degree of care an extraordinary person would exercise under similar circumstances. d. that degree of care professionals exercise in similar situations.

b

The power to tax income: ​a. is controlled exactly like the power to wage war. b. ​may be exercised concurrently by both state and federal governments. ​c. is possessed only by state governments. d. ​is possessed only by the federal government.

b

​Blackmail is defined as: ​a. giving money to a person to influence that person's judgment. ​b. an illegal demand made by a nonpublic official. ​c. an illegal demand made by a public official. ​d. providing improper political influence.

b

"Primum non nocere" is Latin for: ​​a. Hear no evil, see no evil, and speak no evil. ​​b. Let the buyer beware. c. ​​Above all, do no harm. ​​d. No news is good news.

c

An administrative agency can be created to perform: a. only one of the three functions of government (executive, legislative, or judicial). b. any two of the three functions of government. c. all three of the functions of government. d. none of the three functions of government

c

Dan is a famous syndicated radio personality for BratRadio. He has a distinctive voice and manner of speaking. MoreTalk, BratRadio's competitor hires Gordon, who sounds nearly identical to Dan, to host a competing show. MoreTalk encourages Gordon to imitate Hugh as closely as possible while on the air. MoreTalk is most likely to be liable for: a. Conversion b. Wrongful interference with a business relationship c. Appropriation​ d. Defamation​

c

Failure to give ______ means that a defendant's statements or confession cannot be used as evidence against that individual. ​a. the Fourth Amendment warnings ​b. the Sarbanes-Oxley warnings ​c. the Miranda warnings ​d. the Fifth Amendment warnings

c

Federal law __________ conflicting state regulation when a federal law regulates that particular subject. ​a. is subordinate to ​b. parallels c. preempts ​d. coincides with

c

If an agency causes a substantial loss to a business by enforcement of its laws, that business: a. always can hold the agency liable for damages. b. never can hold the agency liable for damages. c. may seek damages if the agency acted in bad faith. d. may seek damages if the agency complied with its own guidelines.

c

Perjury occurs: a. ​only in state courts. b. ​only in written form. ​c. In both oral and written forms. ​d. only in federal court.

c

The ____________ protection against self-incrimination cannot be invoked by a corporate officer when an agency has subpoenaed corporate records. a. Sixth Amendment. b. First Amendment. c. ​Fifth Amendment. d. Fourth Amendment

c

The best way to distribute and sell copyrighted computer programs is using: a. copyright laws. ​b. trade secret laws. ​c. restrictive licensing. ​d. patent laws.

c

The person who initiates a civil lawsuit is called the: ​a. defendant. b. ​prosecutor c. ​plaintiff. ​d. judge.

c

The term "exhaustion of administrative remedies" means that: a. parties to an agency action must be diligent in pursuing their case. b. parties to an administrative action must take their appeal to a court of law. c. parties to an administrative action can appeal only after the agency has made a final decision. d. administrative agencies tend to work very hard.

c

Under the _______ Amendment, agency officials have the right to conduct________ with a warrant, but a(n) ________ inspection is permitted when violations are dangerous to public health and safety. a. Sixth, inspections, warrantless. b. First, inspections, warrantless. c. Fourth, inspections, warrantless. d. First, interviews, warrantless

c

Which of the following is beyond the enforcement power of an agency? a. requiring proof of compliance with agency regulations b. issuing a cease-and-desist order c. convicting of criminal violations d. imposing civil penalties

c

​Service of process refers to: ​a. a demand letter sent by the plaintiff to the defendant. ​b. a reply sent to the plaintiff by the defendant. c. ​giving the defendant proper notice that a legal action is pending. ​d. a record of the court's preliminary hearing.

c

A business formula, information compilation, or device that provides an advantage over competitors that do not have it is known as a: a. competitive advantage. b. strategic advantage. c. restraint of trade. d. trade secret.

d

Law is: ​a.derived solely from the United States Constitution. ​b. a body of religious principles held by all members of society. ​c. always the result of case-law decisions. d. a body of principles that society establishes to keep things running smoothly.

d

Maria intentionally attempts to have Patty break a contract with Alfred. Maria will be liable under which theory of tort? a. product disparagement b. Libel ​c. intentional infliction of emotional distress ​d. contract interference

d

Statutory law can be created by all of the following except: ​a. state legislatures. ​b. local governments. c. ​Congress. d. ​by the courts.

d

The America Invents Act: a. replaced the patent "first to file system" with a "first to invent" system. b. speeds up the application process for energy conservation inventions for a $4,800 fee. c. amended federal copyright law. d. replaced the patent "first to invent system" with a "first to file" system.

d

The Fifth Amendment to the United States Constitution's protection against self-incrimination applies to: ​a. individuals, but only in their official capacity within a business. ​b. corporations only. ​c. both individuals and corporations. ​d. individuals only.

d

The concept of immunity from liability means that: a. one who harms another without intending to do so is not subject to tort liability. b. one who harms a child can never be sued by the parents of the injured child. c. one who harms another can be held liable only for voluntary acts.​ d. certain persons are not subject to tort liability.

d

Trademark law categorizes marks along a spectrum of ______, based on a mark's capacity to serve ______. a. suggestiveness, the characteristics of the service to which they relate. b. fancifulness, the characteristics of the product to which they relate. c. descriptiveness, a source-identifying function. d. distinctiveness, a source-identifying function.

d

Which of the following is not an example of limited or special jurisdiction court? ​a. Probate court ​b.Juvenile court ​c.Domestic Relations court d. ​Court of original jurisdiction

d

Which of the following is part of an administrative agency's power to investigate? a. an investigation to determine whether additional administrative rules need to be adopted b. an investigation to ascertain facts with respect to a particular suspected or alleged violation c. an investigation to determine whether the defendant in a proceeding before the agency is complying with its final order d. all of these

d

the United States Supreme Court was created by: ​a.Congress. ​b.the President. ​c.the Uniform State Law Commission. d. ​the U.S. Constitution

d

​Federal judges of the United States: ​a. cannot be impeached. b. ​are elected by the public. ​c. are appointed by the Senate, with the approval of the President. d. ​are appointed by the President, with the approval of the Senate.

d

​Judicial Triage is all of the following except: a. ​a court management tool. b. ​results in some cases being expedited. c. ​results in some cases being postponed. d. Answer ​a directed verdict

d

​When testifying at trial, the witness for the plaintiff will undergo _______ by the plaintiff's attorney, and a(n) _______ by defense counsel. ​a. a background check, cross-examination ​b. direct examination, recross-examination ​c. redirect examination, cross-examination d. ​direct examination, cross-examination

d

A copyright owner may prohibit even limited use of copyrighted material if it is used for parody or criticism.

false

A crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty.

false

A probate court is an example of a general trial court

false

All courts have general jurisdiction.

false

An administrative agency is barred from examining the records of a business enterprise by the constitutional guarantee against unreasonable searches and seizures.

false

Arbitration procedures occur in a court of law.

false

Assault is the intentional, wrongful touching of another person without that person's consent.

false

Descriptive terms such as locations and colors are never subject to trademark protections.

false

Ex post facto laws can be adopted by either the states or the national government.

false

Extortion and blackmail are exactly the same.

false

For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.

false

Georgia is at a crowded carnival. As she's trying to get to the corn dog stand, someone in the crowd intentionally pushes her from behind and she falls forward into another carnival-goer, causing that person to fall against a chair and get an ugly bruise on the forehead and a black eye. Georgia is guilty of the tort of assault because of her negligence.

false

In a "bedrock view" the Constitution is merely a statement of goals and objectives, intended to grow and change with time.

false

In an emergency, an administrative agency can act beyond the scope of the statute that created it.

false

In order for a work to be copyrightable, it must possess a significant amount of creativity.

false

Jane asserts she has a legal right. Jane is really saying she has an obligation to perform or refrain from performing an act.

false

Larceny is best defined as the taking of personal property from the presence of the victim by the use of force or fear.

false

More than 30 changes have been made to the Constitution by the constitutional method of amending.

false

One of the characteristics of the "living" Constitution is limited government.

false

Plaintiffs are typically awarded punitive damages in negligence cases.

false

Professionals have a duty to perform their functions at the same level as would a reasonable person

false

State supreme courts generally hear all cases appealed to them.

false

Stealing trade secrets can result in fines, but not imprisonment.

false

The Federal Register Act provides that printing an administrative regulation in the Code of Federal Regulations is public notice of the contents of the regulation to persons subject to it or affected by it

false

The Freedom of Information Act provides access to any information upon request.

false

The Sony Bono Copyright Extension Act of 1998 extended copyright protection to the life of the author plus 50 years.

false

The United States utilizes a bicameral division of government.

false

The defendant in a civil case is the party who is suing.

false

The field of business ethics recognizes that social values almost always yield to the profitability motive.

false

The issuing or delivery of a forged instrument to another person constitutes the crime of counterfeiting a forged instrument

false

The law often works to cause our society to operate in a very inefficient manner.

false

The mediator in a mediation has the power to force the parties to come to a settlement.

false

The powers given by the federal government to the states are described as delegated powers.

false

The shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted.

false

Those uniform state laws that have been adopted by individual states were first written by Congress.

false

When contributory negligence is proven, damages awarded are reduced based on the plaintiff's degree of fault but the plaintiff can still recover some damages.

false

White-collar crimes generally involve violence

false

Within each state in the United States, only the U.S. Constitution is in force.

false

Written computer programs are not given the same protection as other copyrighted material.

false

​Court decisions and statutes can take away rights created by the U.S. Constitution.

false

​Depositions are usually taken in the courtroom for purposes of discovery.

false

​To initiate a lawsuit, both parties must appear in person and state their claims and defenses in court.

false

A consent decree is an informal settlement of an enforcement action brought by an administrative agency.

true

A constitution is the written document that establishes the structure of the government and its relationship to the people.

true

A copyright is the exclusive right given by federal statutes to the creator of a literary or an artistic work to use, reproduce, and display the work.

true

A strong President is one of the characteristics of a "living Constitution."

true

A tort is an interference with someone's person or property.

true

All cities, counties, and other governmental subdivisions have basic powers to adopt ordinances, such as traffic and zoning laws, within their sphere of operation.

true

An appellate court determines whether there has been reversible error.

true

Causing someone's character to be questioned is a wrong against the person and is the tort of defamation.

true

Commercial exploitation, also called right of publicity, is a form of invasion of privacy.

true

Destroying information stored on a computer may be a crime.

true

Embezzlement involves fraud.

true

Ethical violations can cause lasting detriment to a company's ability to do business through impacts on the company's reputation.

true

Ethics is a philosophical concept that deals with values related to the nature of human conduct. False

true

Forgery includes signing another person's name to a check with the intent to defraud.

true

Garnishment is a method for satisfying a judgment against a defendant.

true

If a crime does not hurt an identifiable person, it is not a tort.

true

If other persons are permitted to use a trademark, it will lose its exclusive character and become generic.

true

In a federal system, a central government is given power to act nationally, while states administer to local concerns.

true

In limited circumstances customer lists are protected under trade secret laws.

true

Law is often defined as the body of principles that courts or administrative agencies will enforce.

true

Libel is the printed equivalent of the spoken form of defamation known as slander.

true

Moral relativists believe that ethical decisions will differ based on circumstances.

true

Moral standards based on positive law may allow businesses to conduct themselves unfairly so long as their actions are not illegal.

true

One of the modern trends in punishing business crimes involves barring executives and officers from working in their fields if they have a criminal conviction.

true

Procedural law specifies the steps that must be followed in enforcing those rights and liabilities.

true

Some of the powers delegated to the national government may be exercised by the states.

true

The Administrative Procedure Act is a federal law that establishes the operating rules for administrative agencies.

true

The Racketeer Influenced and Corrupt Organizations (RICO) Act authorizes both criminal and civil actions.

true

The Racketeer Influenced and Corrupt Organizations (RICO) Act was designed primarily to prevent individuals involved in organized crime from investing money obtained through racketeering in legitimate businesses.

true

The Sunshine Act requires most meetings of major administrative agencies to be open to the public.

true

The Uniform Commercial Code is a good example of uniform state laws.

true

The common law are court-enforced unwritten principles originally based on the usages and customs of the community

true

The greatest changes to the Constitution have been made by United States Supreme Court decisions.

true

The modern administrative agency typically possesses legislative, executive, and judicial powers.

true

The pattern of rules that society establishes to control the conduct of individuals in their relationships is called law.

true

The public has access to the activity of administrative agencies in three ways: (1) open records, (2) open meetings, and (3) public announcement of agency guidelines.

true

The same action can have both civil and criminal liability.

true

The tort of intentional infliction of emotional distress requires proof of outrageous conduct and resulting emotional distress in the victim.

true

The use of someone's car without that person's permission is a trespass to personal property.

true

To Immanuel Kant, an action is ethical if it is fair and done for the right reasons.

true

Trust is a fundamental basis of the capitalist system that is central to the expectations of investors, customers, and other firm stakeholders.

true

When there is a direct conflict between a federal and a state law, federal law prevails under the supremacy clause.

true

​A judge rules on the admissibility of evidence presented in the trial.

true

​Civil disobedience is the remedy natural law proponents use to change positive law.

true

​Documents filed by both parties at the beginning of a lawsuit are called the pleadings.

true

​Individuals can create their own private law when they contract among themselves.

true

​Rights guaranteed in the U.S. Constitution are accompanied by duties.

true

​The authority of a court to decide certain types of cases is called jurisdiction

true