Business Law Quizzes (1-14)

Which of the following is not an implied warranty?

Warranty of Best Price

Expectations actors hold about normal International Relations are known as:

International norms

Workers' compensation:

Is an exclusive remedy to employees injured on the job, unless the injury is intentional

Typical remedies available for a breach of contract include:

-Rescission. -Money damages. -Specific Performance.

What are the main roles of Administrative Agencies?

-Rule Making -Administrator -Judge -All of the above ALL

Which of the following are considered cybercrimes?

-Sexting -Cyberbullying -Identity theft (ALL OF THE ABOVE)

Which one of the following statements is incorrect?

A counteroffer is acceptance.

Which of the following would be considered cyber laws?

-Laws related to the creation of websites -Laws governing Internet Service Providers -Laws related to how trademarks are used online -Laws regarding how to resolve conflicts over domain names

The criminal act necessary to commit a crime is known as:

Actus reus.

What are two provisions of the U.S. Constitution that give authority to International Law?

**Foreign Commerce Clause Res Ipsa Loquitor **Treaty Clause Pendent Jurisdiction

Which of the following are considered Merchants?

-A seller on an online auction site -An employee at a grocery retailer -The owner of a grocery store -An individual who describes himself or herself as a merchant in corporate documents

The elements to prove negligence include:

-Breach of Duty -Duty -All of the above -Causation -Damages (ALL OF THE ABOVE)

What regulation protects employees who are terminated from their employment?

-COBRA -ERISA -Unemployment Compensation -All of the above ALL

The following are possible remedies to buyers under the UCC:

-Cancel the contract -Obtain Cover -Sue -All of the above ALL

Which of the following are negotiable instruments?

-Checks -Promissory notes -Notes representing a promise to pay a sum of money -All of the above ALL

What are the ways an agreement can be invalidated?

-Fraud -Misrepresentation -Undue influence -All of the above ALL

Which of the following are principles of the United Nations?

-States are equal under international law -States have full sovereignty -States have full independent and territorial integrity -States should carry out international obligations (ALL OF THE ABOVE)

The benefits of Corporate Responsibility for a business include:

-Talent attraction -Consumer influence -Improved perception by investors (ALL OF THE ABOVE)

A minor can avoid a contract to purchase a car if:

-The car has been destroyed. -The car has been damaged -He or she grows tired of it. -All of the above. ALL

Which statement(s) is true about promissory estoppel?

-The promissory estoppel doctrine is an exception to the requirement of consideration for contracts. -Promissory estoppel is triggered when one party acts on the other party's promise. -There was reliance on a promise that caused one party to act before any real consideration was exchanged.

The following restriction(s) apply to S corporations:

-They cannot have more than one hundred shareholders. -All shareholders must be U.S. citizens or resident aliens. -They can have only one class of stock. -They cannot be members of an affiliated group of companies. ALL

What is the function of the National Labor Relations Board?

-To remedy and prevent unfair labor practices by unions or employers -To monitor the conduct of the unions and employers during union elections -To establish rules interpreting the NLRA -All of the above ALL

According to the statute of frauds a contract must be in writing to be binding if it involves:

-an interest in land -contracts that cannot be performed within one year -promises to pay the debts of others -all of the above ALL

The Fair Labor Standards Act (FLSA) covers which category:

-child labor -minimum wage -overtime pay -all of the above ALL

There is significant research to demonstrate that diversity brings many advantages to an organization, such as:

-increased profitability and creativity -stronger governance -better problem-solving abilities -all of the above ALL

For the decision maker to be confident in the decision, every decision should be assessed against:

-the company's policies and principles -applicable laws and regulations -the individual employee's definition of what is right, fair, good and acceptable (ALL OF THE ABOVE)

A copyright holder has the following rights:

-the right to prevent others from copying his or her work -the exclusive right to reproduce the work in any medium, to perform it, or to display it -the exclusive right to prepare derivative works based on the copyrighted work

For a federal court to have diversity jurisdiction, there are two requirements:

1. the jurisdictional amount exceeds $75,000 2. no plaintiff shares a state of citizenship with any defendant

According to the ____ Amendment, powers not given to the national government are reserved for the states

10th

How many weeks of unpaid leave does the Family Medical Leave Act guarantee to eligible workers?

12

How many voting members are in the United Nations?

193

The Uniform Commercial Code (UCC) Article __ governs contracts between a merchant and the sale of goods

2

The Takings Clause of the _____ Amendment provides that private property shall not "be taken for public use, without just compensation."

5th

The requirement that police provide a criminal suspect in police custody of their Miranda rights, advising them of their right to remain silent or provide information to law enforcement or other officials, is found in the _____ Amendment.

5th

The Supreme Court is composed of the Chief Justice of the United States and _____ associate justices

8

Consideration may include any of the following except:

A gift

_____ is a place of employment where the employee is required to join the union within a specified number of days after being hired.

A union shop

Which one of the following are common reasons for the court to pierce the corporate veil?

All of the above

Which of the following is correct with regards to the powers of state government in the United States?

All powers not specifically enumerated to the federal government are reserved to the states

Roger and Larry are having a dispute regarding their joint business. They want to have a binding resolution to their dispute, but they would prefer to have the dispute handled privately and by someone with special expertise. The best form of dispute resolution for their problem would be:

Arbitration

_______ is he "private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments."

Arbitration

A term that is used to illustrate the internet's technological shortcomings. It relates to everything that effects how data is transmitted over the internet, including coding, encryption, filters, and search engines.

Architecture

A goods-in-bailment contract occurs when the goods are stored under the control of a third party, such as in a warehouse or on a ship. Transfer of title and risk of loss depends on whether the seller has a document indicating ownership of the goods and whether that document is negotiable or non-negotiable. If it is a negotiable document, when does title and risk pass to the buyer?

At the time the document is endorsed to the buyer

The burden of proof is a criminal case is:

Beyond a reasonable doubt.

Occurs when monetary payments, goods, services, information, or anything of value is exchanged for desired actions

Bribery

Refers to the area of law in which the court where an action is brought determines whether to apply the law applicable in that court (forum state law) or apply the law applicable in another jurisdiction which has an interest in the controversy

Choice of Law

According to the international principle of ____, nations will defer to the laws of other nations when those laws are consistent with their own, essentially upholding reciprocity between nations with similar laws

Comity

The _____ gives the federal government the authority to regulate interstate and international commerce.

Commerce Clause

_______ damages are intended to compensate the injured party for loss or injury.

Compensatory

Administrative agencies are created by:

Congress

Examples of illegal contracts include all but the following:

Contracts in consideration of marriage.

The federal system under which the national and state government share responsibilities for most domestic policy areas

Cooperative Federalism

If you want to protect a painting you created, which of the following would you need to obtain?

Copyright

_________ is a form of protection provided by the laws of the United States to the authors of "original works of authorship" that are fixed in a tangible form of expression

Copyright

Which one of the following is not a general category of cybercrime?

Crimes Against Animals

Which of the following would constitute fair use of a copyright?

Criticism Scholarship Teaching News reporting

Sources of international law include:

Customs, treaties, and organizations

______ is any law that applies to the internet and internet-related technologies.

Cyberlaw

_______ is the art of protecting networks, devices, and data from unauthorized access or criminal use and the practice of ensuring confidentiality, integrity, and availability of information

Cybersecurity

The process of purchasing a domain name with a company slogan, by formally registering your domain name.

Cybersquatting

What is the first step to Ethical Decision Making?

Define the problem (consult PLUS filters)

_______ ethics bases its decision on whether the action itself is right or wrong, regardless of its consequences. It avoids subjectivity and uncertainty because you have to follow set rules, instead of weighing the costs and benefits of a situation.

Deontology

Cabinet departments are headed by a Secretary except for the:

Department of Justice

Prohibits states from passing legislation that improperly discriminates against interstate commerce

Dormant Commerce Clause

The federal system under which the national and state governments are responsible for separate policy areas

Dual Federalism

Occurs when one steals or misappropriates (money placed in one's trust or belonging to the organization for which one works)

Embezzlement

What country is the United States legal system derived from?

England

The ____ is an Independent Agency.

Environmental Protection Agency

What is the function of law in the United States?

Establish Standards/ Promote, provide, and maintain order/ Promote Consistency/ All of the Above.

A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation against the corporation itself.

False

Abstract ideas may be patented.

False

Antitrust laws encourage activities that restrain trade or promote market domination.

False

Contributory negligence is the plaintiff's failure to exercise reasonable care for their safety. If the plaintiff is found guilty of contributory negligence, the plaintiff may still recover damages.

False

Diversity in business is about gender, race, and ethnicity.

False

Employees are considered "at-will" if they are employed under a collective bargaining agreement, or under a contract for a set duration.

False

International customs are not "accepted as law."

False

It is unlawful to harass a person (an applicant or employee) because of that person's sex but it is legal to harass a woman by making offensive comments about women in general.

False

Reformation terminates the duties of both parties under the contract, while recission allows courts to equitably change the contracts substance.

False

The 14th Amendment is a part of the Bill of Rights.

False

The 4th Amendment provides for substantive and procedural due process?

False

The Exclusionary Rule that excludes evidence obtained pursuant to an unreasonable search and seizure is found in the 5th Amendment.

False

The Federal Trade Commission encourages monopolies.

False

The UCC Statute of Frauds requires contracts to be in writing for goods priced at five thousand dollars or more and signed by the defendant, for those contracts to be enforceable.

False

Triple Bottom Line theory suggests that instead of one bottom line, there should be three: profit, profit, and the profit.

False

The _____ guarantees all eligible workers up to 12 weeks of unpaid leave during any 12-month period for family and medical emergencies

Family and Medical Leave Act (FMLA)

The doctrine aimed at dividing the governing powers between the federal governments and the states is:

Federalism

The intentional misrepresentation of material facts for monetary gain is known as:

Fraud

_______ damages are noneconomic damages such as pain and suffering and emotional distress.

General

Companies created by Congress to provide goods or services to the public that private enterprise cannot or will not provide profitably are known as _______.

Government Corporations

Occurs when there are several instances of a co-worker, supervisor, or third-party making inappropriate, repeated, and unwanted sexual advances, comments, or requests

Hostile Work Environment

What Article of the Constitution establishes the Judicial Branch?

III

The _____ establishes an employment verification system requiring: (1) the employer attest that the employee's work status has been verified by examination of a passport, birth certificate, social security card, alien documentation papers, or other proof; (2) the worker to attest that he/she is a U.S. citizen or national, or authorized alien; and (3) the employer to keep such records for three years in the case of referral or recruitment, or the later of three years or one year after employment termination in the case of hiring.

Immigration Reform and Control Act of 1986

________________ refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce

Intellectual property

________ organizations are comprised of several sovereign states within a larger whole.

Intergovernmental organizations (IGOs)

The judge decides issues of:

Law

__________ enjoy limited liability but generally cannot participate in day-to-day management of the business.

Limited Partners

Forms of Alternative Dispute Resolution ("ADR") include all of the following except:

Litigation

A process in which a third party selected by the disputants helps the parties to voluntarily resolve their disagreement is known as:

Mediation

What source of law governs sales contracts?

The Uniform Commercial Code

______ is a process of submission and consideration of offers until an acceptable offer is made and accepted

Negotiation

Ben enters a contract to ship merchandise on a vessel named Unrivaled to Sally. However, Ben and Sally thought that each other was referring to a different vessel and therefore did not agree when to ship the merchandise. Is the contract valid?

No

Employers are required provide a work environment that is safe and healthy for their employees by which law?

OSHA

_________ jurisdiction is where a case is tried

Original

Which one of the following is not a PLUS filter?

P - Probability

A _________ is a grant from government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years from the date of filing the application

Patent

The following statement is best referred to as _______. Once jurisdiction has been acquired through allegation of a federal question, a federal court may decide any issue necessary to the disposition of a case, notwithstanding that other non-federal questions of fact and law (state law) may be involved therein.

Pendent Jurisdiction

The burden of proof in a civil case is:

Preponderance of evidence.

The elements of a contract include all but the following element:

Promissory estoppel

_______ damages are awarded to punish a wrongdoer and/or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.

Punitive

A negotiable instrument is a signed document that promises a sum of payment to a specified person or the assignee.

True

If the terms between the parties are not definite, but "open," the UCC imposes an interpretation of ________

Reasonableness

Which of the following are international law enforcement methods:

Reciprocity Shaming Collective action (ALL OF THE ABOVE)

Which of the following are examples of goods?

Refrigerators Paper Furniture Trade Fixtures

The _________ is a system of laws under which the people and the government are bound establishing predictability and clear rules of behavior, and standards

Rule of Law

Regulations are:

Rules adopted by administrative agencies

Federal Judges are nominated by the President and confirmed by the _____?

Senate

A ______ is used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others

Service Mark

_______ is a deliberate attempt to negatively impact a state, regime, or governmental leader's reputation by publicizing and targeting violations of international laws, including customary norms, treaty breaches, and violations of organizational expectations

Shaming

_______ is an unincorporated business that has just one owner who pays personal income tax on profits earned from the business.

Sole Proprietorship

Mediation focuses on:

Solutions

A state's right, at least in principle, to do whatever it wants within its own territory is known as:

Sovereignty

_______ damages are economic losses such as loss of earnings, property damage, and medical expenses

Special

________ is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent.

Strict liability

Pursuant to the ____ Clause, the U.S. Constitution is the law of the land and trumps all other law

Supremacy

Joan contracts with the Smiths to babysit the Smith's two children once a week for the next year. Joan and the Smiths agree that Joan will receive $50 a week for babysitting. Which of the following events would excuse Joan's nonperformance on the grounds of impossibility?

The COVID-19 pandemic made it physically dangerous for her to enter the Smith's house

The FDA stands for:

The Food and Drug Administration

Who appoints leaders to run administrative agencies?

The President

What happens when a person lacks the legal capacity to enter into a contract?

The contract is voidable.

To bring a successful claim under the Americans with Disability Act ("ADA"), the plaintiff must prove all of the following except:

The disability was not a mental disability.

To prove res ipsa loquitor negligence, the plaintiff must prove:

The plaintiff did not contribute to the cause or there are no other plausible explanations/ It was caused by an instrumentality solely in defendant's control/ The incident was of a type that does not generally happen without negligence ANSWER IS ALL OF THE ABOVE

A ______ is any practice or process of a company that is generally not known outside of the company or is secret

Trade Secret

A ______ is "any word, name, symbol, or device or any combination thereof adopted and used by a manufacturer or merchant to identify his goods and distinguish them from goods manufactured or sold by others."

Trademark

A ______ is the right to prevent others from using a company's product name, slogan, or identifying design

Trademark

"Piercing the corporate veil" refers to a situation in which courts put aside limited liability and hold a corporation's shareholders personally liable for the corporation's actions or debts.

True

"[A]ny new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof" may be patented.

True

A categorical imperative is an unconditional moral obligation which is binding in all circumstances and is not dependent on a person's inclination or purpose.

True

A contract is essentially a promise that can be enforced by law

True

A contract of sale is a specific type of contract in which one party (the vendor/seller) is obligated to deliver and transfer ownership of a good to a second party (the vendee/buyer), who in turn is obligated to pay for the good in money, or its equivalent.

True

A destination contract occurs when the seller is required to deliver the goods to a location that is stipulated in the contract. Under this contract, title transfers when the goods are delivered, but the seller bears the risk of loss until that time.

True

A general partnership is formed when two or more persons agree to share profits and losses in a joint business venture.

True

A major benefit of corporate social responsibility is that consumers often purchase goods and services to connect with the corporate social responsibility of the company.

True

A process for making rolled steel is a patentable process.

True

A professional's duty of care is usually a duty to exercise the degree of care, skill, diligence, and knowledge commonly possessed and exercised by a reasonable, careful, prudent professional of the same type in the state.

True

A restaurant owner who mops the slippery floor and doesn't put up a "Wet Floor" sign could be considered negligent.

True

A trade secret can be maintained for as long as the secret is kept.

True

A wholesaler of a product may be liable for product liability.

True

Abnormally dangerous activity standard assigns responsibility when an individual engages in some form of dangerous activity, even if care is taken to avoid mishap

True

According to a survey conducted by Pew Research Centre, women are stronger than men in working out compromises and more likely to be honest and ethical.

True

An FMLA-eligible employee is an employee who has worked for their employer at least 12 months, has worked at least 1,250 hours over the past 12 months, and works at a location where the public or private company employs 50 or more workers within 75 miles.

True

An exculpatory clause is an express limitation on potential or actual liability arising under the subject matter of the contract.

True

Any manner that shows agreement to contract (e.g., words, actions, writing) can constitute an agreement according to the Uniform Commercial Code, but under Common Law, mirror image acceptance is required.

True

Arbitration awards can be enforced by the courts.

True

Board members are generally immune from their decisions if they act in good faith and in the corporation's best interests.

True

Businesses benefit from developing a code of conduct to educate and guide others in the organization.

True

Businesses can be charged with crimes.

True

Businesses should encourage the reporting of ethical violations.

True

By practicing corporate social responsibility (aka corporate citizenship), companies become aware of the impact they are having on society, including economic, social, and environmental.

True

Companies operating in foreign nations are subject to the laws of those nations.

True

Concurrent jurisdiction occurs when more than one court has the authority to hear and decide a civil or criminal case

True

Conflict of laws concerns the process for determining the applicable law to resolve disputes between individuals, in multi-jurisdictional cases and transactions.

True

Copyright protection in the U.S. exists automatically from the moment the original work of authorship is fixed.

True

Corporations face double taxation.

True

Disparate impact or unintentional discrimination occurs when policies, practices, or rules that appear neutral result in a disproportionate impact on a protected group.

True

Disputes arising under federal statutes can be tried in state courts, unless the Constitution or Congress explicitly requires that only federal courts can hear that kind of dispute

True

Ethics are moral principles that govern a person's behavior.

True

Failing to exercise reasonable care in fulfilling a duty established as owed, whether it be a violation or omission of a legal or moral duty is referred to as a breach of duty.

True

Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.

True

Good title describes a title that is obtained from an individual who owns the goods free and clear.

True

Hudson Gas & Electric Corp v. Public Service Commission of New York (1980) established a four-part test to determine whether commercial speech should be regulated according to the First Amendment

True

If a trespasser needs aid, then the owner has a duty to rescue him or her.

True

If an employee is an "at will" employee, the employer may fire the employee for any reason (without having to establish "just cause" for termination), and without warning, but not for illegal reasons.

True

In some cases, the defendant can argue that the user assumed the risk of using the product if he or she used the product while knowing that the defect in the product created a risk.

True

Income from a general partnership flows through to the partners, who pay tax at the ordinary personal income tax rate

True

Intent is a key issue in proving an intentional tort, as the injured party, must prove that the other party acted intentionally, and knew or should have known, that his/her actions could cause harm.

True

International law is the body of legal rules, norms, and standards that apply between sovereign states and other international actors.

True

Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business.

True

Making phony news websites or purchasing website reviews is an unfair and deceptive trade practice.

True

Most administrative agencies are part of the executive branch of the government headed by the president of the United States.

True

Price can be an open term according to Article 2 of the UCC.

True

Product liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product

True

Products containing inherent defects that cause harm to someone to whom the consumer loaned the product to can give rise to a products liability action.

True

Relational goals are focused on building, maintaining, or repairing a partnership, connection, or rapport with another party.

True

Res Ipsa Loquitor is the doctrine of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff from circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence.

True

Restitution restores the injured party to status quo or the position they had prior to the formation of the contract, by returning the plaintiff any money or property give pursuant to the contract.

True

S corporations provide the limited liability feature of corporations but the single-level taxation benefits of sole proprietorships by not paying any corporate taxes.

True

Sending unsolicited commercial email, or spam, is illegal.

True

Simply retweeting someone else's comments on social media can trigger legal action.

True

Small claims court is an example of a court of limited jurisdiction.

True

Social responsibility implies the obligations of a business enterprise to protect the interests of the society

True

Sovereign immunity refers to the fact that the government cannot be sued without its consent.

True

State courts have concurrent jurisdiction of any federal cause of action unless Congress has given exclusive jurisdiction to federal courts.

True

States generally have 3 different kind of courts: general jurisdiction, limited jurisdiction, and appellate.

True

The Age Discrimination Act only applies to employers with 20 or more employees.

True

The PLUS Ethical Decision-Making Model is one of the most used ethical models and is designed to create a clear-cut approach to implementing a solution to an ethical problem.

True

The Pervasive-Regulation Exception to the 4th Amendment allows administrative agencies to conduct warrantless searches of businesses attached to industries that have a long history of pervasive regulation

True

The United States Code is a codification of federal law.

True

The act-of-state doctrine is a principle in English and United States law which states that every sovereign state is bound to respect the independence of every other sovereign state, and the courts will not sit in judgment of another government's acts or act of any sovereign national done within its own territory.

True

The seller's description of the goods can constitute an express warranty.

True

There is no single authoritative legislative source for global business affairs

True

To constitute negligence, a plaintiff must show a harm was suffered in the form of personal injury or property damage.

True

Torts are usually heard in state courts.

True

Trespass occurs when an individual enters or remains upon property owned by another without permission.

True

Voidable title occurs when the contract would have been good, but certain circumstances make it voidable. For example, if the buyer was deceitful about his or her identity, the buyer is a minor, or the buyer wrote a bad check in the sale, then the title is deemed voidable.

True

When one's actions cause some type of harm to another, whether it be physical harm, or harm to someone's property or reputation, the injured person or entity may seek damages through the court

True

White collar crimes are characterized by deceit, concealment, or violation of trust.

True

Women and men performing jobs that demand "equal skill, effort, and responsibility, and which are performed under similar working conditions" must be paid the same.

True

The primary differences between common-law contracts and the UCC are:

UCC's relaxation of various common-law contract formation requirements

Where an employer requires its employees to join a union within a specified number of days after being hired, it is known as a(n) ______ Shop.

Union

A contract between an employer and a union requiring workers to make payments (called "agency fees") to the union as a condition of getting or keeping a job is known as a:

Union Security Agreement

The Fair Labor Standards Act (FLSA) sets provisions for fair labor and unfair labor including all of the following except:

Unpaid leave during any 12-month period for family and medical emergencies

______ patents may be granted for machines, processes, articles of manufacture, compositions of matter, or for improvements to any of those items

Utility

A simple delivery contract occurs when the goods are transferred from the seller to the buyer at the time of the sale or later, e.g., if the goods are delivered. When does risk of loss pass to the buyer?

When the buyer receives the goods

A simple delivery contract occurs when the goods are transferred from the seller to the buyer at the time of the sale or later, e.g., if the goods are delivered. When does title pass to the buyer?

When the contract is executed

According to Victoria Budson, cofounder and executive director of the women and public policy program at Harvard Kennedy School, the U.S. economy improves as more ______ participate in the labor market.

Women

_______ is a form of insurance providing wage replacement and medical benefits to employees injured on the job

Workers Compensation

The legislature of the state of Wyoming enacts a new statute that sets standards for the liability of businesses selling defective products. This statute applies in:

Wyoming only

If an activity causes a foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors, and the activity is not one of common usage, it is:

abnormally dangerous

A contract to sale cocaine will be void because it is considered:

an "illegal contract"

Which of the following is not a requirement for a negotiable instrument?

an oral writing ordering or promising payment of money

Benefits of mediation include:

confidentiality creativity control lower costs than litigation (ALL OF THE ABOVE)

According to _____ ethics, an action that brings about more benefit than harm is good, while an action that causes more harm than benefit is not.

consequentialist

Four sources of law in the U.S. legal system are:

constitutional law, judicial law, legislative law, and administrative law

A __________ is a type of business entity that has limited liability and is separate from its owners, the shareholders

corporation

Articles of Incorporation are filed to create a ________.

corporation

As a judge, Baxter applies common law rules. These rules develop from:

decisions of the judges and courts in previous legal disputes

An example of an intentional tort is:

defamation assault malicious prosecution (ALL OF THE ABOVE)

The elements of the contract must be _______ and _______.

definite certain

A "_____" is an order to pay money, whereas a "_____" is a promise to pay money.

draft / order

According to the Supremacy Clause, if there is a conflict between state and federal law:

federal law prevails

Board members owe a _________ duty to the corporation and its shareholders.

fiduciary

For a court to find strict liability based on abnormally dangerous activities, at least ______ of the following six factors must be established: 1. The activity poses a high degree of risk of harm to a person, the land of another, or the property owned by another 2. The harm resulting from this activity would likely be substantial 3. The use of reasonable care would not eliminate this risk 4. The activity is not something of common usage 5. The activity is not appropriate for the place where it occurs 6. The danger of the activity overshadows the benefit it has to a given community

four

Each state court is obligated to acknowledge the final judgments of other state courts under the "_____" clause

full faith and credit clause

A common-carrier delivery contract occurs when a common carrier, who is an _____ delivers the goods.

independent contractor

A(n) _________ clause allows parties to set the amount of damages in the event of breach.

liquidated damages

Two components generally required to establish a crime are: actus reus (a voluntary act or omission) and

mens rea

Failure to use reasonable care, resulting in damage or injury to another is known as:

negligence

Researchers found that when diverse teams made a business decision, they ________ individual decision-makers most of the time.

outperformed

The court has power over the defendant, based on minimum contacts with the forum is known as ____ jurisdiction.

personal

States are granted the power to establish and enforce laws protecting the welfare, safety, and health of the public. This is known as state _____.

police power

In negligence, the standard of care is based on the care that a ______ would need in a situation.

reasonable person

A ______ identifies and distinguishes the source of a service rather than a product.

service mark

A shipment contract occurs when it is the responsibility of the seller to make the shipping arrangements and to transfer the goods to the common carrier. Under this contract, title passes to the buyer at the time of _____.

shipment

When an individual creates and promotes malicious falsehoods about another that individual may be liable for:

slander libel defamation (ALL OF THE ABOVE)

If John agrees to sell Bill 40 acres of land for $50,000, but refuses to sell Bill the land, the court is likely to order:

specific performance

Corporations are incorporated according to _________ law.

state

A __________ is a law that sets the maximum time the parties involved must initiate legal proceedings from the date of an alleged breach.

statute of limitations

The court has power to hear the specific kind of claim that is brought before it is known as ______ jurisdiction.

subject matter

A court must have _______ jurisdiction and _______ jurisdiction to hear a case

subject matter and personal jurisdiction

If the performing party acted in good faith and conveyed enough benefit of the contract to the other party so that the other party can use the benefit for its intended purpose, and the defects arising under the contract may be remedied by money damages it is considered:

substantial performance

Goods are defined as _____ items "which are movable at the time of identification to the contract for sale."

tangible

What are the three types of patents?

utility, design, plant

Title VII of the Civil Rights Act of 1964 bans employers from discriminating against employees in their hiring, firing, and promotion practices on the basis of sex, national origin, color, religion, or race. The Act applies to all employers:

who are engaged in commercial activity and who employ 15 or more employees for 20 consecutive weeks in a year

_______ negotiation is a negotiation model where only one party experiences a positive outcome.

win-lose negotiation

A __________ negotiation is an examination of your own position and that of the other party in order to find a mutually acceptable outcome that gives you both as much of what you want as possible

win-win negotiation

__________ negotiation is based on the notion that there is a "fixed pie," and the larger the slice that one party receives, the smaller the slice the other party will receive.

zero-sum negotiation