Business Law Quiz Questions
Outside the Bill of Rights, what is widely recognized as the most important amendment to the U.S. Constitution?
14th amendment's due process and equal protection
Big Co. and Gantt Co. have entered into a contract for a long-term project. The companies opt to use a partnering process to resolve disputes. The partnering process between them will begin
After the contract has been finalized but before the project has begun
According to _____, the third type of ______ in the law exists between ______ principles and ____ situations
Anthony Chase; duality; abstract; concrete
What do positive law theory and natural law theory have in common?
Both depend on an outside source for their understanding of law, morality, and rights
Mark enjoys hacking into the computer databases of companies, but never takes or damages any data. Mark has violated which of the following statutes?
Computer fraud and abuse act
In terms of social responsability...
Corporate decisions have an impact on more people than just the shareholders and managers
_______ is analogous to forgery because it also involves the alteration or falsification of an object or a document with intent to defraud
Criminal simulation
When Arizona passed state statutes to inspect the identification papers of illegal immigrants, the ___ sued the State of Arizona claiming the state statutes violated the ______ Clause of the U.S. Constitution. Question 12 options
Department of Justice; Supremacy clause
What is true of ethical and legal harmony?
Ethics can lead the way in difficult situations where law has yet to venture
A criminal law case can be resolved by an ADR panel (T/F)
False
An arbitrator's decision is binding and cannot be appealed in court (T/F)
False
An individual cannot be convicted for a criminal act unless it is proved that he/she had an evil motive for committing the crime (T/F)
False
Entry through an open door or a window establishes the act of burglary (T/F)
False
In a summary jury trial, there is no time limit placed on the parties as this allows them to practice their arguments (T/F)
False
Mediation always follows the filing of a lawsuit (T/F)
False
Partnering is used when there are only two parties in a dispute about a few issues (T/F)
False
Utilitarianism focuses on the circumstances that an individual faces (T/F)
False
What is true of criminal law under the American law system?
If a defendant is accused of an offense that can be designated as two different crimes, he or she can be tried in two different courts
Post-appellate procedures
Involve taking a case that has been rejected or dismissed by a domestic court to an international organization
What is considered a criminal act?
Last summer, Sam made and sold crack cocaine and marijuana to teenagers in his neighborhood, leading to drug network and addiction amongst teenagers of that locale
____ consists of rules of conduct established by the govt of a society to maintain harmony, stability, and justice
Laws
What is true regarding litigation and ADR?
Litigation is generally more expensive than ADR procedures
A criminal defendant is found to be suffering from a mental disease that is so serious she does not know the nature of her actions or the fact that the acts she commits are wrong. This describes which of the following tests?
M'Naghten Rule
___ is a philosophical theory that says ethical values can be determined by a proper application of human reason
Rational ethics
What is true regarding arbitrators?
The arbitrator's decision can be appealed in court
What is true of a summary jury trial?
The jury provides an advisory verdict based on the facts
What is true regarding a mediator?
The mediator must encourage the disputing parties to compromise on their demands
A city ordinance allowed the police to arrest young men who were loitering in any public place with no apparent purpose and failed to disperse when requested to do so by the police. William was arrested under the ordinance. What is William's best legal challenge to his arrest?
The ordinance is void for vagueness
A felony is a crime punishable by death/imprisonment in a federal/state prison for a term exceeding one year (T/F)
True
A person does not have a duty to retreat before using force if the attack occurs in his or her own home. (T/F)
True
A private civil trial follows the same rules used in an official trial (T/F)
True
Alfred drives his car very fast in a school zone when the school is releasing students at the end of the school day. A student dies when he is hit by Alfred's car. Alfred has committed involuntary manslaughter. (T/F)
True
An ethical lifestyle is simply doing what is legal (T/F)
True
Because relativism emphasizes the highly individualized nature of ethical decision making, it is also called subjective ethics (T/F)
True
Corporate social responsibility flows from the legal rights granted to corporations (T/F)
True
Drafting of ADR contract clauses is a proactive attempt to ensure that litigation will be avoided should a dispute arise (T/F)
True
Ethical theories are all based on the assumption that people want to live ethical lives (T/F)
True
Francis has many traffic tickets and fears that her license will be suspended if she gets another traffic ticket. When stopped for speeding, she hands over her license to the police officer with a $100 bill clipped to the license. Francis has committed a crime. (T/F)
True
Gabriel points a gun at a store clerk to frighten the clerk. This is an example of assault (T/F)
True
If a law enforcement officer induces a law-abiding citizen to commit a crime, entrapment may be used as a defense. (T/F)
True
Natural law theory holds that right and wrong are measured by the obligations imposed on each individual by an implied agreement among all individuals within a particular social system (T/F)
True
Stan threatens to use his computer skills to shut down the computers of Alpha Corp. unless he is paid money. Stan can be held for committing cyberterrorism. (T/F)
True
The parties involved in the dispute can use early neutral evaluation to settle a case or proceed to trial (T/F)
True
The traditional view was that corporate managers could be sued for making a decision that hurt the corporation's profits (T/F)
True
Under American law, a crime cannot be committed unless some act has occurred (T/F)
True
______ is a unified set of statutes designed to govern almost all commercial transactions
Uniform Commercial Code
Gordon Gibbs accidentally grated his plow along his neighbor's driveway, ruining the driveway. The neighbor wants Gordon to pay the $1,500 cost of paving the driveway. If this case enters litigation, it will most likely be heard by _____ court
a small-claims
A private civil trial can be defined as
a technique by which parties hire a retired judge or a magistrate to hear the dispute, following rules used in an official trial
Joe, a resident of Ohio, and Maria, a resident of New Mexico, have an auto accident in New Mexico. A federal court would have jurisdiction over this case if
an amount over $75,000 was involved
Generally, if there are no modern court decisions or statutes dealing with an issue in dispute, the court hearing the case will
apply common law
During a(n) _______, the defendant is formally charged with a crime and can either plead guilty or not guilty
arraignment
_____ has been used to describe a crime in which the offender causes actual physical harm to the victim
battery
Generally, if the Florida Supreme Court issues a decision, that decision would be considered
binding precedent in all Florida state courts
A credit card company has cheated one million cardholders out of 50 cents each. Marlene, one of the defrauded cardholders, wants to sue the credit card company but should attempt to
bring a class action law suit
An ADR contract clause
can merely state that the parties have the option of using an ADR technique
______ subdivided into groupings of statutes that deal with a particular area of the law are called ________
codes; titles
_______ refers to the body of previously recorded legal decisions made by the courts in specific cases
common law
A ___ is a network of interacting conditions which _____ one another, while at the same time _____ change from agents outside and inside the system
complex adaptive system; reinforce; adjusts to
ADR is most likely to be useful in cases involving
contracts
Ignacio wins a monetary judgment at trial, but is denied an award of attorney's fees. The losing party, Salazar, acts to challenge the adverse trial court decision before an appellate court. Ignacio also wants to appeal the denial of attorney's fees. Ignacio should file a
cross-appeal
Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is known as
cyber-stalking
Tom enters a computer chat room attempting to contact children online with the intention of taking illegal advantage of them. This e-crime is
cyberstalking
An equitable remedy may be available in all of the following cases except
damages
Agnes, a convenience store cashier, takes $5 out of the register for every $100 she rings up and keeps it. Agnes could be arrested for
embezzlement
Myra, the assistant accountant at Multibusiness, Inc. decides to transfer $5,000 from a Multibusiness account to her personal account in order to pay some personal medical expenses. Myra plans to repay the money as soon as she receives reimbursement from her health insurance. Myra has committed
embezzlement
The law exercises the power of _____ to confiscate privately owned land for community purposes
eminent domain
The theory of the _____ says that right and wrong have no intrinsic value, but instead are determined by circumstance, situation, or even personal preference
ethical relativism
Developing and formatting rules in line with values defines
ethics
Developing, formulating, and applying rules in the line with our values is the job of _____
ethics
A robber kills a convenience store clerk and escapes with just $5. Which of the following types of homicide best fits the facts?
first-degree murder
Which of the following types of criminal homicide involves killing someone with premeditation, killing in a cruel way such as with torture, or killing while committing a major crime?
first-degree murder
Alvin has discovered how to duplicate subway fare cards, and has made several hundreds of them with the intention of defrauding people. Which of the following crimes has Alvin committed?
forgery
________ occurs when a plaintiff searches for a(n) _______ with law that is favorable to its case, and then files the case
forum shopping; jurisdiction
Courts with the power to hear any type of case are courts with _____ jurisdiction
general
A statute that made burning a cross to rouse fear a criminal offence would be an example of what type of crime?
hate speech
Joe, driving while intoxicated, caused a traffic accident that killed a passenger in his car. Joe may be charged with
involuntary manslaughter
A case that undergoes a summary jury trial must
involve a bona fide dispute as to the authentic questions of law
Early neutral evaluation
is an ADR process in which the parties permit a referee to assess their case on the bais of the facts and legal arguments alone
Until recently, the goal of making a profit for ___ was the only view of corporate responsibility built into statutory and common law
its shareholders
Under the doctrine of _____, courts determine the constitutionality of statutes, regulations or executive actions, taking into account any (blank) in its analysis
judicial review; binding precedent
If Samantha believes that the primary way to judge whether an action is right or wrong is to use quantification as the primary tool for determining value, she would believe in
market value ethics
_____ is a non-binding process where neutral third party works with the parties to reach a mutually agreeable settlement
mediation
Med-arb, a form of ADR, combines the best aspects of
mediation and arbitration
_____ is only a defense to charges of criminal liability if it destroys one of the elements necessary to that crime
mistake
___ sees law and morality as united in a common and fundamental bond
natural law
A child is killed by the violent behavior of his mother's boyfriend. The mother was aware of the possible danger her boyfriend posed to her son, yet failed to take steps to prevent or reduce the risk of harm to her son. She can be convicted of a crime due to which of the following requisite states of mind?
negligence
A business asks a court to interpret the way in which a newly enacted shoplifter detention statute will be applied if the business, at some future point, detains a suspected shoplifter. The court may
not interpret the statute until a lawsuit is filed challenging the statute
The law is a delicate balancing act; this is evident because
one corporation's contractual rights may be upheld, while another's are struck down
____is the making of a false statement under oath
perjury
Direct examination of a witness is usually conducted during the _____ by the _______
plaintiff's case in chief; plaintiff's attorney
Courts with appellate jurisdiction are empowered to determine whether the lower courts have made errors of law using the ________ standard
plenary review
______ is the process by which the courts decide that a federal statute must take precedence over a state statute
preemption
If Texas signed a trade agreement with Mexico which established tariffs and importing conditions for goods made in Mexico, the U.S. Constitutional objection to Texas' actions would be based upon the
principle of supremacy
Two drivers challenge each other to a drag race on a public highway. This is an example of acting with
recklessness
A shoplifter steals a can of soda and tries to escape. He threatens and fights the clerk when confronted. This is an example of
robbery
A new administrative regulation allowed the Social Security Administration to charge women for Social Security cards, yet enabled men to obtain the cards for free. A lawsuit was filed challenging the constitutionality of this new regulation. If you were a justice on the Supreme Court you would most likely
rule the regulation unconstitutional
Samantha believes that one can only judge another's ethical decisions by "standing in his/her shoes." Samantha believes in
situational ethics
If George believes in a "state of nature", where people must fend for themselves rather than give up the freedom to do as they please, and in return receive a guarantee that other individuals will curb their behavior, he would most likely be rejecting the
social contract theory
Some argue that _____ is actually in the long-term best interests of the corporation. This argument, referred to as _____, is based on the notion that socially responsible corporations benefit by creating ____ for themselves, thus motivating consumers to purchase their products, investors to buy their stock, and lawmakers to grant them further legal advantages.
social responsibility; enlightened corporate self-interest; goodwill
The U.S. Court of Appeals for the Federal Circuit was established by Congress primarily to
streamline and unify patent law
When a party (the movant) files a motion for ______, the movant is telling the court that no _____ exists, and that the movant is entitled by law to __________
summary judgment; genuine issue of material fact; a favorable judgment
Attorney Jose wants to personally question Ellen, a witness, about her observation of an auto accident in advance of a trial concerning the accident. Jose should
take Ellen's disposition
_____ includes the freedom of the press, freedom of speech, freedom of assembly, and freedom of religion
the First Amendment
According to Neoliberalism or ethical relativism,
there are no objective/absolute standards of right and wrong
Joe signed a promissory note for $5,000 to cover the cost of roofing repairs by Acme Roofing Company. Acme transferred the note to Big Bank who sued Joe when he failed to pay the note. Joe believes that Acme did not do the repairs properly. If Joe wants to bring Acme into court, then Joe's answer should contain a
third party complaint against Acme
The social contract theory states that
to live harmoniously, people must give up certain rights and freedoms
Arbitration and mediation can be scheduled quickly as compared to litigation (T/F)
true
Litigation is based on an adversarial approach (T/F)
true
If Anthony is concerned only with corporate benefits and problems, rather than the benefits and problems that will result for others outside the boardroom, he most likely believes in
utility thinking
If the only question a corporate manager asks before she takes an action is whether the benefit to the shareholders will outweigh the cost to the corporation, she would most likely using
utility thinking
During the ____ of the jury, _____ the right to ask questions to determine who will allowed to sit on the jury
voir dire; both parties have
