Business Law Final
47. Because ______ does not favor intoxication, the courts tend to be unsympathetic to intoxicated parties and will fairly liberally interpret behavior that seems like ratification as ratifying the contract. a. Morality b. Popular opinion c. Medical literature d. Religion e. Public policy
??
55. Which of the following are exceptions to when the statute of frauds would apply although under normal circumstances it would not apply? a. Admission b. Partial performance c. Promissory estoppel d. All the above e. None of the above
??
7. Which of the following spell are sources of law? a. Constitutions, legislatures, regulatory bodies, and courts b. Legislatures only c. Courts only d. Legislatures and courts but not constitutions or regulatory bodies e. Constitutions, legislatures, and courts but not regulatory bodies
??
18. Which of the following is true regarding First Amendment protections? a. The first amendment protects defamatory statements. b. The first amendment protects obscenity. c. The first amendment protects defamatory statements and also commercial speech. d. Neither defamation, obscenity, nor commercial speech is protected by the First Amendment. e. Neither defamation nor obscenity is protected by the First Amendment, but some commercial speech is protected.
???
40. Pam files a successful suit against Quantity Stores based on Quantity's negligence. Normally, an award in such a suit consists of a. comparative damages. b. compensatory damages. c. contributory damages. d. punitive damages.
???
43. Which of the following are exceptions to the preexisting duty rule? a. Unforeseen circumstances only. b. Additional work only. c. Past consideration only. d. Unforeseen circumstances and additional work, but not past consideration. e. Unforeseen circumstances, additional work, and past consideration.
???
53. Which of the following are required elements for a writing to be considered sufficient under the statute of frauds? a. Identification of the parties to the contract. b. Identification of the subject of the agreement. c. Identification of the penalties for nonperformance. d. All the above. e. Identification of the parties to the contract and the subject of the agreement, but not penalties for nonperformance.
???
58. A[n] ______ occurs when a party to a contract transfers his or her duty to perform to a third party who is not part of the original contract. a. Transfer b. Assignment c. Delegation d. Performance e. Unenforceable occurrence
???
71. Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made _______. A. with actual malice B. negligently C. in print D. publicly E. to an employer
???
A[n] ______ beneficiary is a third party to a contract who is intended to be benefited directly from the contract made by the contracting parties. a. Intended b. Incidental c. Preferred d. Collateral e. Ancillary
???
Civil Law
A person suing another person
73. Which of the following would constitute the privacy tort of false light? A. Attributing characteristics or beliefs to a person that he or she does not possess. B. Disclosing private facts about a person. C. Defaming a person with actual malice. D. Defaming a public figure. E. Defaming a public figure for personal gain.
A. Attributing characteristics or beliefs to a person that he or she does not possess.
75. Case law can be revoked by ______. A. New statutes B. Precedent C. Stare decisis D. Critical law E. None of the above. Case law cannot be revoked
A. New statutes
63. Which of the following is true regarding the intent needed for an intentional tort? A. 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. B. The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in a physical injury to another. Economic injury is insufficient. C. The intent at issue is intent to harm that results in an injury, physical or economic, to another. D. The intent at issue is intent to harm that results in physical injury to another. Economic injury is insufficient. E. The intent at issue is not intent to harm and is not intent to engage in a specific act. Instead, negligence will suffice.
A. 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.
74. The _______ is the supreme law of the land. A. U.S. Constitution B. Declaration of Independence C. U.S. Code D. Model Law E. Uniform Code
A. U.S. Constitution
65. Which of the following is true regarding the apprehension necessary for the tort of assault? A. Apprehension and fear are the same thing for the purposes of assault. B. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. C. Actual injury is necessary for valid apprehension to be proven. D. The test for assault involves subjective apprehension, not reasonable apprehension. E. There is no requirement that the apprehension be of immediate physical contact.
B. A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm.
68. A(n) _________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. A. Battery B. Assault C. Assault and battery D. Negligence E. Strict responsibility
B. Assault
Personal Jurisdiction
Based upon geography or "minimum contracts"
Standing
Being the right person to bring a lawsuit
Arbitration
Binding ADR
Peremptory Challenges
Challenges to a juror during vior dire that are limited to number
67. Which of the following it true regarding the intent needed for a battery? A. The intent of a person in making contact is irrelevant for establishing liability. B. A plaintiff may not prove liability unless the plaintiff can establish that the defendant intended to be offensive. C. A plaintiff may not prove liability without demonstrating that the defendant intended to be offensive and also that harmful contact occurred. D. A plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish intentional contact. E. Accidental contact may establish a battery if economic injury is sustained.
D. A plaintiff may prove liability without having to demonstrate that the defendant intended to be offensive, but the plaintiff must establish intentional contact.
70. 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. A. Simple B. Complex C. Defamation D. Absolute E. None of the above.
D. Absolute
64. Which of the following is a category into which intentional torts are divided? A. Torts against persons. B. Torts against property. C. Torts against economic interests. D. All of the above. E. None of the above
D. All of the above.
61. _____ torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability
D. Negligent
72. Which of the following would generally be public figures for purposes of the public figure privilege to actions for defamation? A. Politicians only. B. Entertainers only. C. Business owners only. D. Politicians and entertainers. E. Politicians, entertainers and business owners.
D. Politicians and entertainers.
5. Assume a businessperson who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on _____ law. A. Public B. Preferential C. Consensual D. Private E. Black letter
D. Private
66. Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? A. Robby's conduct constitutes a battery. B. Robby's conduct constitutes an assault. C. Robby's conduct constitutes both a battery and an assault. D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. E. Robby's conduct does not constitute an assault because there was no physical contact.
D. Robby's conduct does not constitute an assault because there is no question of immediate bodily harm.
62. ________ 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. A. Criminal B. Liability C. Intentional D. Negligent E. Strict-liability
E. Strict-liability
69. Which of the following may a person accused of defamation raise as a defense? A. Truth only. B. Privilege only. C. Need and truth. D. Need, truth and privilege. E. Truth and privilege.
E. Truth and privilege.
Submission Agreement
Entered into when parties agree to avoid litigation and be bound by ADR after an incident happens
A contract overturned due to having illegal subject matter or being illegal to perform is generally declared voidable.
False
A donee beneficiary is a type of incidental beneficiary.
False
A liquidated debt may be the subject of an accord and satisfaction.
False
A person who is considered an infant under the law cannot be tried as an adult under any circumstances.
False
Assignment of personal duties is generally permitted.
False
Both a minor and the adult with whom the minor contracted may disaffirm a contract based upon the minor's lack of majority.
False
Consideration is optional in every contract.
False
Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations.
False
If an acceptance is received after a rejection is received, the acceptance is still valid.
False
In an ethical analysis using the WPH Framework referenced in the text, owners are the most important stakeholders and should receive the greatest consideration in decision making regardless of the type of problem addressed.
False
Liquidated damages will be enforced based upon the free-will concept of contracts even if the liquidated damages amount is unreasonable.
False
Once an offer is made, an offeror has no right to terminate it before receiving a reply.
False
The purpose of the parol evidence rule is to prevent attempts to use only oral evidence to prove agreements.
False
The term "consideration" in relation to contracts involves parties acting in an ethical manner.
False
True or False: A party has a limited number of challenges for cause in jury selection
False
True or False: A person must be a lawyer in order to preform arbitration
False
True or False: A person must have a law degree in order to be a mediator
False
True or False: A promise to do something that you are already obligated to do is generally a valid consideration.
False
True or False: All exculpatory clauses are unlawful.
False
True or False: As a rule, past consideration qualifies as consideration
False
True or False: Because of its complicated nature, any complaint should be at least three pages long
False
True or False: China punishes embezzlement and bank fraud less severely than the U.S.
False
True or False: 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.
False
True or False: Courts are generally critical and unsupportive of ADR methods
False
True or False: Courts regularly issue advisory opinions even if there is no case or controversy
False
True or False: Defense of property cannot be a defense to a claim of battery
False
True or False: Ethical conversation is primarily about finding the one and only right thing to do
False
True or False: Ethics is not an issue in accounting because of the primarily objective data involved in that field
False
True or False: For purposes of determining capacity, intoxicated persons include those under the influence of alcohol, but not drugs.
False
True or False: In an ethical analysis using the WPH Framework referenced in the text, owners are the most important stakeholders and should receive the greatest consideration in decision making regardless of the type of problem addressed
False
True or False: In most civil cases, a plaintiff must prove her case beyond a reasonable doubt
False
True or False: In order to recover under quasi-contract, there is no requirement that enrichment be unjust.
False
True or False: In rem jurisdiction references jurisdiction over a person
False
True or False: Intermediate courts of appeal exist in all states
False
True or False: Intermediate courts of appeal in the state court system exist in all states
False
True or False: Juries decide questions of law
False
True or False: No First Amendment protections apply to corporations
False
True or False: Nondisclosure involves the active hiding of the truth about a material fact.
False
True or False: Only one party may appeal from a final judgment
False
True or False: Situational ethics is the same thing as ethical relativism
False
True or False: The 14th amendment is part of the Bill of Rights
False
True or False: The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional
False
True or False: The community in which a firm operates would not be considered a stakeholder of the firm
False
True or False: The definition of stakeholder is the same as the definition of sharehokder
False
True or False: The primary purpose of criminal law is to compensate a victim
False
True or False: The primary purpose of criminal law is to compensate the victim
False
True or False: The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution
False
True or False: The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution.
False
True or False: The purpose of a jury trial is to determine what law should apply to the case
False
True or False: The social responsibility of business consists only of the expectations employees have of employers
False
True or False: The term "natural law" is another word for "legal positivism"
False
True or False: The term "stare decisis" means "reversing the decision"
False
True or False: The terms "stare decisis" means "reversing the decision"
False
True or False: Threatening physical harm or extortion to gain consent to a contract is classified as undue influence.
False
True or False: Unconscionability is a concept strictly limited today to the sale of goods
False
True or False: Under federal statutory law, internet transactions cannot be the basis for a finding of in personam jurisdiction
False
True or False: Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment
False
True or False: Under our system of justice, courts may issue advisory opinions
False
True or False: When a WPH analysis is conducted the same answer will always result no matter who does the analysis
False
True or False: When a court deems a contract integrated, parol evidence is admissible.
False
When negligence per se applies, the plaintiff is required to show that a reasonable person would exercise a certain duty of care toward the plaintiff.
False
The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved.
False A person cannot simply claim he or she is or was crazy; psychiatrists usually testify to the defendant's mental state at the time of the crime. Standards vary from state to state
Only one party may appeal from a final judgment.
False Either party may appeal the judge's decision on posttrial motions or on her or his final judgment; and sometimes, both parties appeal the same decision.
True or False: Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact.
False Subjective opinions are not capable of being proved, and as such they are generally not actionable as defamation
True or False: Nondisclosure involves the active hiding of the truth about a material fact
False Concealment is the active hiding of the truth about a material fact. Nondisclosure is a failure to provide pertinent information about the projected contract
True or False: Threatening physical harm or extortion to gain consent to a contract is classified as undue influence
False Duress occurs when one party threatens physical harm or extortion to gain consent to a contract
True or False: When a fraudulent misrepresentation is at issue, intent to deceive may not be inferred
False Intent to deceive can be inferred from the particular circumstances
True or False: A person who is intoxicated when signing a contract may not avoid the contract based on being intoxicated because being intoxicated is a voluntary condition
False Intoxicated people lack the capacity to enter into contracts
True or False: Mistakes in contract law result from untrue statements made by one party to the contract
False Mistakes in contract law do not result from untrue statements about the facts of a contract
True or False: When a court deems a contract integrated, parol evidence is admissible
False When the courts deem a contract integrated, with some exceptions, parol evidence is inadmissible
True or False: In order for the statute of frauds to be satisfied, all parties to a contract must sign the writing
False While it is standard for both parties to sign the agreement, because the writing is being offered as proof of an agreement, only the party against whom action is sought needs to have signed it
True or False: A party only has a limited number of challenges for cause in jury selection.
False If a potential juror's response to a question indicates that she or he may be biased, either attorney may challenge, or ask the court to remove, that potential juror "for cause."
True or False: ADR is a process done only in the U.S., not in foreign countries
False. In the global context, ADR is favored over litigation
`True or False: Quasi-contracts are actual contracts
False. Quasi-contracts are sometimes called implied-in-law contracts, but that are not actually contracts
True or False: If a contract is valid, then it is enforceable
False. Sometimes a contract may be valid yet unenforceable when a law prohibits the courts from enforcing it
True or False: The fourteenth amendment is part of the Bill of Rights
False. The first 10 amendments to the U.S. Constitution, known as the Bill of Rights, substantially affect government regulation of business
True or False: A summary jury trial leads to a binding jury decision
False. A summary jury trial leads to a nonbinding jury verdict
True or False: The term "consideration" in relation to contracts involves parties acting in an ethical manner
False. Consideration is the bargained-for exchange or what each party gets in exchange for his or her promise under the contract
True or False: Negotiation is a bargaining process in which disputing parties interact informally, but only with lawyers, to attempt to resolve their dispute
False. Negotiation is a bargaining process in which disputing parties interact informally, with or without lawyers, to attempt to resolve their dispute
True or False: The primary source of authority for federal regulation of business in the First Amendment to the U.S. Constitution
False. The primary source of authority for federal regulation is the commerce clause
True or False: In an early neutral case evaluation, the neutral provides a binding ruling
False. With early neutral case evaluation, the parties select a neutral their party and explain their respective positions to this neutral, who then evaluates the strengths and weaknesses of the case
Ripeness
Having the right timing (a real case in controversy that is ready for solution) to bring a lawsuit
Common Law
Law that is delivered by a court
Mediation
Non-binding ADR
4th Amendment
Protects businesses from unreasonable search and seizure
1st Amendment
Protects commercial speech
Binding Arbitration Clause
Requires people to go to binding ADR when an incident occurs because they waived litigation as an option before an incident happened
Criminal Law
The community as a whole suing a person
A factor that courts consider in determining whether a party is an incidental or intended beneficiary is whether the contract directly states that the third party is the benefiting party.
True
A mistake of fact is an erroneous belief about the facts of the contract at the time the contract is concluded.
True
An exception to the rule requiring consideration is promissory estoppel.
True
An intended beneficiary is a third party to a contract who is intended to be directly benefited from the contract made by the contracting parties
True
Any contract that is not a formal contract is an informal contract, also called a simple contract.
True
Contracts related to an interest in land fall within the statute of frauds.
True
If a contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable.
True
If a person's mental deficiencies have resulted in his being adjudicated insane and a guardian has been appointed for him, he has no capacity to enter into contracts; and any contract he attempts to enter into is void.
True
If a quasi-contract is imposed, the amount of damages for a breach is based upon the fair market value of any service provided to the defendant.
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 situations, the law specifies the duty of care one individual owes to another.
True
In the employer/employee context, the purpose of a covenant not to compete is to restrict what an employee may do after leaving a company.
True
Judicial review allows courts to review the constitutionality of lower courts' decisions.
True
Once a case is in the proper court system, venue determines which trial court in the system will hear the case.
True
Privilege is an affirmative defense in a defamation action.
True
Strict liability is liability without fault.
True
The most frequently awarded damages are compensatory damages.
True
There are a limited number of circumstances under which silence can be an acceptance.
True
True or False: A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer
True
True or False: A mistake of fact is an erroneous belief about the facts of the contract at the time the contract is conducted
True
True or False: A party only has a limited number of challenges for cause in jury selection
True
True or False: A person who has the legal right to bring an action in court has standing
True
True or False: A reply is an answer to a counterclaim
True
True or False: A specific performance is an order requiring that the breaching party fulfill the terms of the agreement.
True
True or False: According to the pure comparative negligence defense, a defendant must be more than 50% at fault before the plaintiff can recover.
True
True or False: An arbitrator is more likely to issue a compromise decision than a judge
True
True or False: Another name for case law is common law
True
True or False: Any contract that is not a formal contract is an informal contract, also called a simple contract
True
True or False: Business ethics is the application of ethics to the special problems and opportunities experienced by businesspeople"
True
True or False: Business ethics is the applications of ethics to the special problems and opportunities experienced by business people
True
True or False: Business law consists of the enforceable rules of conduct that govern commercial relationships
True
True or False: Case law interpretations are law unless they are revoked later by new statuary law
True
True or False: Case law interpretations are law unless they are revoked later by new statutory law
True
True or False: 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
True
True or False: Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case
True
True or False: Congress can use its spending power to achieve social welfare objectives
True
True or False: Congress has the power to enact legislation, but the president can veto a law that Congress passes
True
True or False: Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations
True
True or False: Contracts related to an interest in land fall within the statute of frauds
True
True or False: Corporations are people for the purposes of criminal law
True
True or False: 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.
True
True or False: Federal laws include laws passed by federal administrative agencies
True
True or False: For fraudulent misrepresentation to be the basis for a contract rescission, the statement of fact need not be an actual assertion.
True
True or False: If a Quasi-contract is imposed, the amount of damages for a breach is based upon the fair market value of any service provided by the defendant
True
True or False: If a contract's terms require that modification be in writing, oral modifications are inadmissible and unenforceable
True
True or False: If a defamation 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
True
True or False: In a case where no actual damages result from the breach of a contract, the court may award the plaintiff nominal damages.
True
True or False: In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction
True
True or False: In some countries, businesses must pay bribes in order to receive legitimate supplies
True
True or False: In the employer/employee context, the purpose of a covenant not to compete is to restrict what an employee may do after leaving a company
True
True or False: Judicial review allows courts to review the constitutionality of lower courts' decisions
True
True or False: Med-arb is a type of ADR method
True
True or False: Not all corporate speech is political speech
True
True or False: Partial performance is an exception to the statute of frauds.
True
True or False: Presidents claim the power to issue executive orders on the basis of their Article II, Section 1, constitutional power to "take care that the law...."
True
True or False: Public law controls disputes between private individuals or between groups and their government
True
True or False: State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system
True
True or False: Subject-matter jurisdiction is a court's power to hear certain kinds of cases
True
True or False: The U.S. Constitution establishes a system of government based on the principle of federalism
True
True or False: The decision of a state supreme court is binding on a lower state court located in the same state
True
True or False: The decision of a state supreme court is binding on a lower state court located in the state
True
True or False: The defendant responds to a complaint with an answer
True
True or False: The landmark early U.S Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws
True
True or False: The restatement (Second) of the Law of Contracts is not actually the law itself
True
True or False: The term ADR refers to the resolution of legal disputes through mediation other than litigation
True
True or False: The use of moral pressure is insufficient to establish false imprisonment
True
True or False: The word "Jurisdiction" comes from the Latin terms :juris meaning "law", and "diction", meaning "to speak."
True
True or False: Today, courts hold that once an offeree begins performance on a unilateral contract, the offeror must hold the offer open for a reasonable time to allow the offeree to complete the performance
True
True or False: Tort law is primarily state law
True
True or False: 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
True
True or False: Usually the issue of ripeness arises when one party claims that a case is moot
True
True or False: Utilitarianism is a form of consequentialism
True
True or False: When an enforceable contract does not exist, the court may grant a recovery based on quasi-contract in order to prevent an injustice from occurring.
True
True or False: Whenever a written agreement under the statute of frauds contains a serious, and obvious, typographical error, patrol evidence is admissible to demonstrate that the error was indeed an error, as well as to set forth the proper term
True
True or False: Whether a contract is bilateral or unilateral depends upon what response the offeror expects from the offeree
True
Under the Mailbox Rule, a valid contract has been formed if a rejection is dispatched, but before it is received, the acceptance is communicated to the offeror.
True
Challenges for Cause
Unlimited challenge to jurors based on bias
Subject Matter jurisdiction
Usually based upon what type of dispute the parties have
Statutory Law
Written rules such as codes
6. Tom, in making marketing decisions for United Products, Inc., takes a utilitarian perspective. A characteristic statement of this philosophy is a. "an action is morally correct when, among the people it affects, it produces the greatest amount of good for the greatest number." b. "for every action, there is an equal and opposite reaction." c. "life in a state of nature is nasty, brutish, and short." d. "the pursuit by individuals of their self-interest will result in a corresponding increase in societal welfare."
a. "an action is morally correct when, among the people it affects, it produces the greatest amount of good for the greatest number."
Assuming there are no vacancies, how many U.S. Supreme Court justices are there? a. 9 b. 5 c. 15 d. 8 e. 7
a. 9
What is a provision in a contract mandating that all disputes arising under the contract be settled by arbitration called? a. A binding arbitration clause b. A submission agreement c. A suggested arbitration section d. A non-binding ADR section e. A binding mediatory clause
a. A binding arbitration clause
Which of the following would constitute the privacy tort of false light? a. Attributing characteristics to a person that he or she does not possess. b. Disclosing private facts about a person c. Defaming a person with actual malice d. Defaming a public figure e. Defaming a public figure for personal gain
a. Attributing characteristics to a person that he or she does not possess.
52. Which of the following involves the active hiding of the truth about a material fact? a. Concealment b. Nondisclosure c. Negligence d. All the above e. Concealment and nondisclosure, but not negligence
a. Concealment
Which of the following are sources of law? a. Constitutions, legislatures, regulatory bodies, and courts b. Legislatures only c. Courts only d. Legislatures and courts but not constitutions or regulatory bodies e. Constitutions, legislatures, and courts but not regulatory bodies
a. Constitutions, legislatures, regulatory bodies, and courts
54. Which of the following is a type of contract that falls within the scope of the statute of frauds? a. Contracts whose terms prevent possible performance within one year b. Contracts involving the provision of services c. Contracts involving the provision of any goods d. Contracts involving any debt
a. Contracts whose terms prevent possible performance within one year
8. Assume the Securities and Exchange Commission prosecutes someone for insider trading. This prosecution is an example of _____ law. a. Criminal b. Procedural c. Civil and natural d. Natural e. Positive
a. Criminal
Which type of law involves incidents in which someone commits an act against the public as a unit (a whole)? a. Criminal b. Procedural c. Civil d. Natural e. Positive
a. Criminal
Which type of law involves incidents in which someone commits an act against the public as a unit? a. Criminal b. Procedural c. Civil d. Natural e. Positive
a. Criminal
Which type of law involves incidents in which someone commits an act against the public as a unit? a. Criminal b. Procedural c. Civil d. Natural e. Positive
a. Criminal
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. a. Default judgment b. Automatic judgment c. Delineated response judgment d. Dismissal e. Pleading judgment
a. Default judgment
21. Which amendment protects freedom of religion? a. First b. Second c. Fourth d. Sixth e. Eighth
a. First
What amendment extends most the provisions of the Bill of Rights to the states? a. Fourteenth b. Thirteenth c. Twenty-first d. Twenty-second e. Fortieth
a. Fourteenth
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? a. It depends on the nature and quality of commercial activity that an entity conducts over the Internet b. Yes, for any type of action c. Yes, but only if the defendant consented to jurisdiction in the plaintiff's home state d. Yes, but only if the defendant has actually physically been in the plaintiff's home state within the 180 days prior to the filing of the complaint e. No, not under any circumstances
a. It depends on the nature and quality of commercial activity that an entity conducts over the Internet
Which of the following is accurate regarding the speed and cost of ADR? a. It is usually faster and cheaper b. It is usually faster but more expensive c. It is usually slower and more expensive d. It is usually slower but cheaper e. No studies have known, so the answer is unknown
a. It is usually faster and cheaper
What are the three independent branches of the federal government? a. Legislative, executive, and judicial b. Legislative, commerce, and safety c. Commerce, safety, and law enforcement d. Executive, safety, and law enforcement e. Law enforcement, judicial, and statutory
a. Legislative, executive, and judicial
20. What are the three independent branches of the federal government? a. Legislative, executive, and judicial. b. Legislative, commerce, and safety c. Commerce, safety, and law enforcement. d. Executive, safety, and law enforcement. e. Law enforcement, judicial, and statutory.
a. Legislative, executive, and judicial.
Which of the following is a term describing the wrongful state of mind needed for a criminal action? a. Mens rea b. Actus reus c. Res judicta d. Stare decisis e. None of the above
a. Mens rea
If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on ________ law. a. Public b. Preferential c. Consensual d. Private e. Black letter
a. Public
Which of the following do appellate courts primarily handle? a. Questions of law b. Questions of fact c. Questions of law and fact d. Cases when they initially enter the legal system e. Questions of law and fact, and also cases when they initially enter the legal system
a. Questions of law
Which of the following do appellate courts primarily handle? a. Questions of the law b. Questions of fact c. Questions of law and fact d. Cases when they initially enter the legal system e. Questions of law and fact, and also cases when they initially enter the legal system
a. Questions of the law
22. A ______ is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant. a. Search warrant b. Subpoena warrant c. Search authorization form d. Seek warrant e. Review authorization
a. Search warrant
Which of the following is a court's power to hear certain kinds of cases? a. Subject matter jurisdiction b. In kind jurisdiction c. In personam jurisdiction d. In loco jurisdiction e. In area jurisdiction
a. Subject matter jurisdiction
56. Which of the following parties must sign a document coming within the statute of frauds? a. The party against whom action is sought b. The offeror only c. The offeree only d. Only a person who has agreed to e. Any party to the contract
a. The party against whom action is sought
The ______ is the supreme law of the lan a. U.S. Constitution b. Declaration of Independence c. U.S. Code d. Model Law e. Uniform Code
a. U.S. Constitution
What are the trial courts in the federal court system called? a. U.S. district courts b. U.S. circuit courts c. Federal circuit courts d. Federal jurisdiction courts e. Preemptory courts
a. U.S. district courts
What do the the letters "WPH" mean in reference to the "WPH Framework for Business Ethics" discussed in the text? a. Who, Purpose, and How b. When, Plan, and How c. Why, Procedure, and Hope d. Where, Plan, and Hope e. Where, Procedure, and How
a. Who, Purpose, and How
15. Quin files a suit against Regal Products, Inc. Regal responds that even if Quin's statement of the facts is true, according to the law Regal is not liable. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.
a. a counterclaim.
14. Kit follows certain religious principles. With respect to the behavior of Kit and other adherents of her religion, its principles are most likely a. absolute. b. changeable. c. flexible. d. vague.
a. absolute.
60. Bob offers to sell Carol his computer but conditions the sale on Carol accepting the offer by May 1. Bob may revoke the offer a. before Carol accepts the offer. b. before May 1, whether or not Carol has accepted the offer. c. only after Carol accepts the offer. d. only after May 1.
a. before Carol accepts the offer.
1. As a judge, Jay applies common law rules. These rules develop from a. decisions of the courts in legal disputes. b. regulations issued by administrative agencies. c. statutes enacted by Congress and the state legislatures. d. uniform laws drafted by legal scholars.
a. decisions of the courts in legal disputes.
26. Bren, an employee of City Bank, is charged with embezzlement. This requires a. fraudulently appropriating another's property. b. obtaining lawful possession of property through surreptitious means. c. physically taking property from its owner. d. the use of force or fear.
a. fraudulently appropriating another's property.
29. Kay carelessly bumps into Lyle, knocking him to the ground. Kay has committed the tort of negligence a. only if Lyle is injured. b. only if Lyle is not injured. c. under any circumstances. d. under no circumstances.
a. only if Lyle is injured.
4. Civil law is concerned with disputes between persons and a. other persons and between citizens and their governments. b. other persons and between persons and the public as a whole. c. other persons only. d. the public as a whole only.
a. other persons and between citizens and their governments.
36. Interstate Coffee Brokers, Inc. (ICBI), offers to sell Java Roasters, Inc., fifty bags of coffee beans. Java rejects the offer. The offer is a. terminated. b. valid for a reasonable time to give Java a "second chance." c. valid for the period of time prescribed by a state statute. d. valid until ICBI revokes the offer
a. terminated.
Which of the following is the term that describes wrongful behavior in a criminal action? a. Mens rea b. Actus reus c. Res judicta d. Stare decisis e. None of the above
b. Actus reus
A(n) ___________ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact a. Battery b. Assault c. Assault and battery d. Negligence e. Strict responsibility
b. Assault
48. Which of the following occurs when a person reaches the age of majority and states, either orally or in writing, that he or she intends to be bound by the contact entered in to as a minor? a. Implied ratification b. Express ratification c. Express novation d. Implied novation e. Disaffirmance
b. Express ratification
Which of the following is punishable by imprisonment for more than one year or death? a. Misdemeanor b. Felony c. Petty offenses d. Tort offenses e. Any business related crime
b. Felony
42. Which of the following is an exception to the rule requiring consideration? a. Promissory agreement b. Promissory estoppels c. Quasi estoppels d. Quasi agreement e. Promissory performance
b. Promissory estoppels
The plaintiff must provide the defendant in a lawsuit with a copy of the complaint. That process is called _____________ a. Summons issuance b. Service of process c. Service delivery d. Subpoena delivery e. In personam service
b. Service of process
9. The rules and regulations put forth by legislatures are referred to as _______ law. a. Administrative b. Statutory c. Uniform d. Proper e. Secondary
b. Statutory
The rules and regulations put forth by legislatures are referred to as ______ law. a. Administrative b. Statutory c. Uniform d. Proper e. Secondary
b. Statutory
If a contract does not provide for arbitration, parties may submit a specific dispute involving a contractual provision to arbitration through the use of a __________ a. Binding arbitration clause b. Submission agreement c. Binding mediatory clause d. Suggested ADR resolution clause e. The parties may not submit a specific dispute to arbitration if the contract does not provide for arbitration
b. Submission agreement
In a contract does not provide for arbitration, parties may submit a specific dispute involving a contractual provision to arbitration through the use of a ____________ a. Binding arbitration clause b. Submission agreement c. Binding mediatory clause d. Suggested ADR resolution clause e. The parties may not submit a specific dispute to arbitration if the contract does not provide for arbitration
b. Submission agreement
The U.S Constitution allocates the power of the federal government among __________ branches of the government a. Two b. Three c. Four d. Five e. Six
b. Three
38. In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under a. any circumstances. b. a Good Samaritan statute. c. a social host statute. d. no circumstances.
b. a Good Samaritan statute.
16. To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is a. a cross-examination. b. a deposition. c. an imposition. d. an interrogatory.
b. a deposition.
39. Kelly is injured when she slips and falls on Lee's sidewalk. To determine whether Lee owed a duty of care to Kelly, Lee is subject to the standard of a. a realistic person. b. a reasonable person. c. a recognizable person. d. a reliable person.
b. a reasonable person.
35. Flo tells Gregor that she will buy his textbook from last semester for $65. Gregor agrees. Flo and Gregor have a. an executed contract. b. an express contract. c. an implied-in-fact contract. d. a quasi contract.
b. an express contract.
3. As a judge, Nina decides cases that involve principles of various sources of law. Common law is a. administrative law. b. case law. c. civil law. d. statutory law.
b. case law.
24. Dave points a gun at Eton, threatening to shoot him if he does not steal from his employer, First National Bank, and give the stolen funds to Dave. Charged with theft, Eton can successfully claim, as a defense a. consent. b. duress. c. entrapment. d. self-defense.
b. duress.
27. Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is a. burglary. b. forgery. c. larceny. d. robbery.
b. forgery.
28. In newspaper ads, Little Used Autos falsely accuses Mighty Value Vehicles, a competitor, of selling stolen cars. Mighty's sales decrease. Little has most likely committed a. slander of quality. b. slander of title. c. wrongful interference with a business relationship. d. none of the choices.
b. slander of title.
10. Rob, the owner of Super Stores, Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision affects a. the right determination under a cost-benefit analysis. b. the rights of others. c. the "right" thing to do. d. the right to make a profit.
b. the rights of others.
How many circuits does the U.S Court of Appeals have? a. 6 b. 50 c. 13 d. 10 e. 96
c. 13
Which of the following is true regarding a corporate code of ethics? a. A corporate code of ethics tries to provide ethical leadership by establishing codes of ethics b. A well-managed corporation does not need a code of ethics c. A well-managed corporation tries to provide ethical leadership by establishing codes of ethics d. A corporate code of ethics is legally mandated in all states pursuant to state law e. A corporate code of ethics is required by federal law
c. A well-managed corporation tries to provide ethical leadership by establishing codes of ethics
Which of the following can be an aggravating factor that makes a crime more serious? a. Using a weapon b. Level of intent c. The age of the victim d. None of the above c. All of the above
c. All of the above
37. Which of the following are examples of consideration? a. A benefit to the promisor. b. A promise to do something. c. Both a benefit to the promisor and a promise to do something. d. An accepted offer. e. A valid counteroffer.
c. Both a benefit to the promisor and a promise to do something.
Which type of law delineates the right and responsibilities involved in relationships between persons and between persons and their government? a. Criminal b. Procedural c. Civil d. Natural e. Positive
c. Civil
Which type of law delineates the rights and responsibilities involved in relationships between persons and persons and their government? a. Criminal b. Procedural c. Civil d. Natural e. Positive
c. Civil
Which of the following is true regarding corporate executives being held personally liable for business crime? a. Corporate executives may never be held personally liable for a business crime b. Corporate executives may only be held personally liable for a business crime if they benefited personally from their actions in executing the business crime c. 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 corporations d. A court may not assess criminal liability on a corporate executive unless the executive directly engaged in the specific criminal violations e. Criminal liability may not be assessed against a corporate executive unless the executive directly engaged in the criminal activity and also profited directly and personally from the criminal activity
c. 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 corporations
Which of the following occurs when a minor's parents or legal guardians give up their right to exercise legal control over the minor, typically when the minor moves out of the parents' house and begins supporting himself or herself? a. Ratification b. Disaffirmance c. Emancipation d. Legal release e. Reaffirmance
c. Emancipation
45. Which of the following is some sort of mental or physical defect that prevents a person from being able to enter into a legally binding contract? a. Immajority Capacity b. Chronic illness c. Incapacity d. None of the above
c. Incapacity
32. Which of the following are common classifications of torts? a. Intentional, negligent, and criminal. b. Intentional, criminal, and strict-liability. c. Intentional, negligent, and strict-liability. d. Criminal, negligent, and strict-liability. e. Administrative, civil, criminal.
c. Intentional, negligent, and strict-liability.
50. Which of the following involves a promise to buy or sell that the courts will require the parties to obey? a. Bilateral assent b. A special agreement c. Legal assent d. Contractual affirmance e. Legal affirmance
c. Legal assent
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 _________ a. Minimum contact statutes b. Significant contact statutes c. Long-arm statutes d. In rem statutes e. Quasi in rem statutes
c. Long-arm statutes
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 cods? a. Insignificant offenses b. Felony c. Petty offenses d. Tort offenses e. Any business related crime
c. Petty offenses
51. In cases where both parties to a contract are mistaken about either a current or a past material fact, either can choose to ______ the contract. a. Uphold b. Confirm c. Rescind d. Refute e. Disclaim
c. Rescind
When courts rely on precedent, they are obeying _______ a. Common analysis b. Res judicata c. Stare decisis d. In rem process e. Federal law
c. Stare decisis
When courts rely on precedent, they are obeying _________ a. Common analysis b. Res judicata c. Stare decisis d. In rem process e. Federal law
c. Stare decisis
A local Chamber of Commerce plans a seminar on "the social responsibility of business in our community." What does that term reference? a. The responsibility of business to make profit for shareholders. b. The responsibility of business to have annual meetings c. The expectations that the community imposes on firms doing business inside its borders. d. The expectations of employees regarding minimum wage rates. e. The expectations of management in regard to adequate utility resources.
c. The expectations that the community imposes on firms doing business inside its borders.
For purposes of diversity-of-citizenship, where does a corporation reside? a. The state of incorporation only b. The state in which the corporation has its principal place of business only c. The state in which the corporation has its principal place of business and the state of incorporation d. Any state in which the corporation does business e. Any state in which the corporation has done business within the last five years
c. The state in which the corporation has its principal place of business and the state of incorporation
49. A ______ mistake is the result of an error by one party about a material fact. a. Unclear b. Mutual c. Unilateral d. Clear e. Single
c. Unilateral
13. Cody files a suit against Delta Corporation. Delta responds that it appears from the pleadings the parties do not dispute the facts and the only question is how the law applies to those facts. Delta supports this response with witnesses' sworn statements. This is a. a counterclaim. b. a motion for judgment on the pleadings. c. a motion for summary judgment. d. a motion to dismiss.
c. a motion for summary judgment.
34. On Monday, Neil tells Outdoor Landscaping, Inc., that he will pay Outdoor $500 if a variety of tasks are completed by Friday. On Wednesday, when Outdoor is more than half done with the work, Neil says that he has changed his mind. Under the modern-day view, these parties had a. an expired contract when Neil said that he had changed his mind. b. a quasi contract when Neil said that he would pay for certain work. c. a unilateral contract as soon as Outdoor began to perform. d. no contract.
c. a unilateral contract as soon as Outdoor began to perform.
Trespass requires what state of mind (mens rea)? a. carelessness b. none c. intentional or knowing d. accidental e. all of the above
c. intentional or knowing
30. An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Key, a patron, is injured. Jack's has committed a. a dram shop act. b. contributory negligence. c. negligence per se. d. res ipsa loquitur.
c. negligence per se
41. Freida and Gail enter into a bilateral contract, which is created when Freida gives a promise in exchange for Gail's a. payment of money only. b. performance of a particular act only. c. promise only. d. prudent awareness only.
c. promise only.
59. Bill offers to sell his Consumer Service Center business to Dina for $100,000. Dina replies, "The price is too high. I will buy it for $90,000." Dina has a. accepted the offer. b. made a counteroffer without rejecting the offer. c. rejected the offer and made a counteroffer. d. rejected the offer without making a counteroffer
c. rejected the offer and made a counteroffer.
33. As a joke, Fran hides Gary's business law textbook so that he cannot find it during the week before the exam. Fran is liable for a. appropriation. b. disparagement of property. c. trespass to personal property. d. wrongful interference with a business relationship e. nothing
c. trespass to personal property.
Which of the following is true regarding the use of mediation in environmental disputes? a. Mediation allows for the use of creative solutions and compromises which are often needed in environmental disputes b.Mediation is attractive in environmental disputes because multiple parties are often involved c. Mediation is commonly used in environmental disputes d. All of the above are true e. None of the above are true
d. All of the above are true
When the First Amendment is concerned, which of the following does the term "political speech" reference? a. Speech that occurs when corporations support political candidates b. Speech by any citizen in connection with an election campaign c. Speech by elected officials regarding other elected officials d. All the above e. None of the above
d. All the above
19. Which amendment prohibits cruel and unusual punishment? a. Second b. Fourth c. Fifth d. Eighth e. Tenth
d. Eighth
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? a. Forgery b. False entries c. False token d. Embezzlement e. Both D and C
d. Embezzlement
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? a. Forgery b. False entries c. False token d. Embezzlement e. Both D and C
d. Embezzlement
44. Avatar, Inc., and Bling Corporation sign a contract in which Avatar agrees to deliver t-shirts emblazoned with video game characters in exchange for Bling's promise to pay. Avatar delivers. The contract is a. voidable. b. executed. c. executive. d. executory.
d. executory.
23. Rock pushes Sylvia to the ground, grabbing her purse as she falls. The use of force or fear is required for this act to constitute a. burglary. b. forgery. c. larceny. d. robbery.
d. robbery.
2. The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress enact laws. These laws constitute a. administrative law. b. case law. c. stare decisis. d. statutory law.
d. statutory law.
31. Mona asserts that a deal she entered into with Nate is an unenforceable contract. Defenses to the enforcement of a contract include a. a desire not to perform. b. adverse economic consequences. c. results that do not match expectations. d. the lack of a party's genuine assent.
d. the lack of a party's genuine assent.
17. During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is a. the assessment of the arguments on the issues. b. the determination of the issues to be argued. c. the litigation of the issues and arguments. d. the selection of jurors.
d. the selection of jurors.
25. Quin, a clerk at PC Computer Store, takes a computer from the store without PC's permission. Quin is liable for conversion a. if he damages the computer. b. if he does not have a good reason for taking the computer. c. if he fails to prevent a theft of the computer from his possession. d. under any circumstances.
d. under any circumstances.
11. Max lies to Nora, his spouse. This is a. illegal and unethical. b. illegal only. c. neither illegal nor unethical only. d. unethical only.
d. unethical only.
12. In making decisions for United Merchandising Company, Viv uses a cost-benefit analysis. This is part of a. duty-based ethics. b. Kantian ethics. c. the principle of rights. d. utilitarianism.
d. utilitarianism.
Over which of the following does the federal court system have exclusive jurisdiction? a. Admiralty cases only b. Bankruptcy cases only c. Copyright cases only d. None of the above e. Admiralty, bankruptcy, and copyright cases
e. Admiralty, bankruptcy, and copyright cases
Over which of the following does the federal court system have exclusive jurisdiction? a. Admiralty cases only b. Bankruptcy cases only c. Copyright cases only d. None of the above e. All of the above
e. All of the above
Infancy 2 a. Any child five and under b. Any child ten and under c. Any child twelve and under d. Any child sixteen and under e. Any person under the age of majority
e. Any person under the age of majority
Which of the following are criticisms of mediation? a. Its informal process creates an image of equality between the parties which may not actually exist b. Some parties use the mediation process for delay c. The resulting agreement between the parties may not be equal d. Its informal process creates an image of equality between the parties which may not actually exist, some parties use the mediation process for delay, but not that the agreement may lack equality e. Its informal process creates an image of equality between the parties which may not actually exist, some parties use the mediation process for delay, the resulting agreement between the parties may not be equal
e. Its informal process creates an image of equality between the parties which may not actually exist, some parties use the mediation process for delay, the resulting agreement between the parties may not be equal
Which of the following amendments to the U.S. Constitution specifically sets forth the exclusionary rule? a. The Fourth Amendment b. The Fifth Amendment c. The Sixth Amendment d. The Eighth Amendment e. None of the above
e. None of the above
Which of the following is true under the WPH process of ethical decision making? a. The interest of management is ranked higher than that of employees when decisions are made b. The interest of owners is ranked higher than that of both employees and management when decisions are made c. When decisions are made, the interest of the community as a whole is considered last d. The interest of management is ranked higher than that of employees when decisions are made e. None of the above is true
e. None of the above is true
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? a. Public law only b. Private law only c. Civil law only d. Public, private, and civil law e. Private law and civil law
e. Private law and civil law
Which of the following is true regarding federal jurisdiction? a. There is no exclusive federal jurisdiction in civil matters b. If a case falls within the federal jurisdiction, it may not fall within state jurisdiction c. Some cases fall within both federal jurisdiction and state jurisdiction, but there is no exclusive federal court jurisdiction d. Some cases fall within both federal jurisdiction and state jurisdiction, but that only occurs in criminal matters e. Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases
e. Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases
Which of the following is needed for diversity-of-citizenship? a. Only that the plaintiff not reside in the same state as the defendant b. Only that the plaintiff reside in the same state as the defendant c. Only that the controversy concerns an amount in excess of $75,000 d. Only that the controversy concerns an amount in excess of $100,000 e. The plaintiff and the defendant reside in different states and the controversy concerns an amount in excess of $75,000
e. The plaintiff and the defendant reside in different states and the controversy concerns an amount in excess of $75,000
Which of the following may a person accused of defamation raise as a defense? a. Truth only b. Need, truth, and privilege c. Privilege only d. Need and truth e. Truth and privilege
e. Truth and privilege
Proof of mens rea is: a. necessary for a criminal conviction b. not and issue in criminal law c. only necessary in civil cases d. all of the above e. none of the above
e. none of the above