Business law 2200
True or false: In a criminal proceeding, the government files the charges against a defendant.
True
The commerce clause is located in Article I, Section 8, of the B______.
U.S. Constitution
The supremacy clause is located in Article VI of the ____
U.S. Constitution
______ are positive abstractions that capture our sense of what is good or desirable.
Values
Which of the following is an accurate statement regarding extortion and bribery?
While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.
_____ crimes are nonviolent illegal acts against society. Multiple choice question.
White-Collar
Which of the following is a pertinent question that managers must ask to comply with the WH framework for business ethics? A:Whom will my decision affect? B:When will I be promoted? C:When will I be paid? D:Who is willing to work as my subordinate for subsistence wages?
Whom will my decision affect?
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
Would another individual have intended to cause the harm?
In an offer, the offeror must manifest an intent to be bound by the offeree's
acceptance
A statement is made with _______ if it is made with either knowledge of its falsity or reckless disregard for its truth.
actual malice
____ ethics is the use of ethics and ethical principles to solve business dilemmas.
business
A treaty is similar to a ______ in that both are attempts by parties to determine rights and obligations among themselves.
contract
According to judicial interpretation of the ______ clause of the U.S. Constitution, no law can be passed that will unreasonably interfere with existing contracts.
contract
The purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.
criminal
The Eighth Amendment to the U.S. Constitution provides Blank_____
freedom from excessive bail
Which of the following rights is protected by the First Amendment to the U.S. Constitution?
freedom of the press
The ______ clause of the U.S. Constitution states that each state must respect the legislative acts of sister states.
full faith and credit
Civil law involves rights and relationships between persons and between persons and their _____
government
A computer crime can be committed by a corporate insider, such as an employee, or by an outsider, such as a(n) ___
hacker
The dormant commerce clause is a restriction on states' authority that is ______ of the U.S. Constitution.
implied in the commerce clause
Libel can occur _______
in a magazine or a newspaper
Police power consists of all except which of the following? A:regulations for the practice of medicine B:state criminal laws C:sanitation standards for restaurants D: international trade agreements
international trade agreements
Rules describing what behavior is permitted in an organized society enforced by the governing authorities of the community are known as the ____.
laws
When making business decisions, the ______ of the decision is the minimal standard that must be met.
legality
The assortment of rules and regulations put forth by _____ is called statutory law.
legislatures
In ______, the disputing parties select a neutral party to help facilitate communication and suggest ways for the parties to solve their disput
mediation
Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.
nuisance
Contracts are interpreted using a(n) ______ standard, meaning that the courts are concerned with only a party's outward manifestations of his or her intent.
objective
Compared to the common law, promises to hold an offer for the sale of a good open for a specified period under the UCC _______
offers additional limitations
Organizational stakeholders include ______.
owners, customers, and management
Which of the following is not a recognized exception to the preexisting-duty rule?
performance of a duty a person is already obligated to do
According to the mailbox rule, the acceptance of an offer is valid when it is
placed in the mailbox
When courts rely on _____, they are obeying stare decisis. (stare decisis means to To stand by things decided)
precedent
______ law involves disputes between private individuals or groups.
private
The ______ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities.
privileges and immunities clause
One of the types of due process guaranteed by the due process clause is the ______ , which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property.
procedural due process
Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.
prosecutor
Which of the following is included in the Fifth Amendment to the U.S. Constitution? A:freedom of speech B:prohibition against cruel and unusual punishment C:protection against double jeopardy D:the right to bear arms
protection against double jeopardy
Contributory negligence, comparative negligence, assumption of the risk allow defendants to ______ negligence claims.
rebut
As a general rule, the revocation of an offer is effective when it is
received by the offeree
n a private trial, a ______ is selected and paid by the disputing parties to offer a legally binding judgment regarding their dispute.
referee
Which of the following does not constitute bribery?
rejecting a bribe
Which of the following is not a recognized way to terminate an offer?
revocation by the offeree
The most common unilateral contract offer is a(n)
reward
One of the primary advantages of mediation is that ______.
the high level of autonomy mediation gives the participants
Which of the following rights is not protected by the First Amendment to the U.S. Constitution? A:freedom of the press B:the free exercise of religion C:freedom of speech D:the privilege against self-incrimination
the privilege against self-incrimination
Actus reus means ____
"Guilty act" physical act of the crime
Pursuant to the ______ Act, an employee who reports an employer for fraud against the government retains a share of the recovery as a reward for his or her efforts.
False Claims
____ is the power of a court to review legislative and executive actions to determine whether they are constitutional
Judicial review
______ is a court's power to bind the parties before it.
Jurisdiction
Which of the following terms most accurately refers to a process in which disputing parties agree to begin in mediation and, if unsuccessful in resolving the dispute, proceed to arbitration?
Med-arb
____ is a system of government according to which the authority to govern is divided between federal and state governments.
Federalism
Which of the following is a true statement regarding the Fifth Amendment's due process clause? A:For businesspeople, but not corporations, the Fifth Amendment's due process clause provides extensive protection. B:The Fifth Amendment's due process clause does not apply to corporations or businesspeople. C:For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection. D: For corporations, but not businesspeople, the Fifth Amendment's due process clause provides extensive protection.
For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection.
______ jurisdiction is a court's power to hear certain kinds of cases.
Subject-matter
Which of the following would not be an example of originalism? A: Holding that a legal text should be interpreted according to the intentions of its authors. B: Holding that a legal text should imposing our own modern interpretations of the text. C: Holding that the words of a legal text should be read the meaning the public gave to the words at the time of writing. D: Holding that the words of a legal text should be read with their original public meaning.
Holding that a legal text should imposing our own modern interpretations of the text.
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
How likely was it that a crime would be committed?
_____ jurisdiction is a court's power to render a decision affecting the rights of the specific persons before the court.
In personam (meaning "against a particular person")
Which of the following is an accurate statement regarding criminal procedure versus civil procedure?
The U.S. Constitution provides more express protections for a criminal defendant than for a civil defendant.
____ and state governors can issue executive orders requiring officials in the executive branch to perform their functions in a particular manner.
The United States president
Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government.
1986
If a plaintiff seeks at least $______ in monetary damages, the ______ Amendment to the U.S. Constitution entitles the parties to a jury trial.
20, Seventh
Which of the following types of contracts is not voidable?
A contract for an illegal object. (not considered to be a contract at all for illegal object/services)
In the context of the rules of consideration in contracts, which of the following is an accurate statement regarding adequacy of consideration?
A court does not determine whether you made a good bargain.
A crime punishable by imprisonment for more than one year in a penitentiary or by death is which of the following?
A felony.
Which of the following is an accurate statement regarding a summary jury trial? A: A summary jury trial leads to a binding jury verdict. B: A summary jury trial does not involve a jury. C: The results of a summary jury trial are admissible as evidence in a regular trial. D: A summary jury trial leads to a non-binding jury verdict.
A summary jury trial leads to a non-binding jury verdict.
A lack of genuine assent can result from all but which of the following?
Acceptance
Administrative law is the collection of rules and decisions made by Blank______ agencies
Administrative
____ law is the collection of rules and decisions made by administrative agencies.
Administrative
Which of the following is an accurate statement regarding an invitation to negotiate?
An invitation to negotiate is not an offer.
____ courts have the power to review previous judicial decisions to determine whether trial courts erred in their decisions.
Appellate
____ is the resolution of a dispute by a neutral third party outside the judicial setting.
Arbitration
Presidents claim the power to issue executive orders on the basis of their ______, constitutional power to "take care that the laws be faithfully executed."
Article II, Section 1
Which of the following is not one of the ways the Golden Rule can be interpreted? A:Choose short-term profitability over product quality and customer service in all instances. B:Treat others as persons of rational dignity like you. C:Be considerate of others' feelings as you want them to be considerate of yours. D: Do to others as you want them to gratify you.
Choose short-term profitability over product quality and customer service in all instances.
_____ damages are designed to reimburse a plaintiff for his or her losses.
Compensatory
What is the current rule regarding whether a corporation can be held criminally responsible?
Currently, corporations can be held criminally accountable for almost any crime.
Which of the following refers to the plaintiff's attorney asking the witness questions to elicit facts that support the plaintiff's case-in-chief?
Direct examination
Which of the following is not an example of a fraudulent crime? False pretense. Defalcation. Fraudulent concealment. Extortion.
Extortion
Which of the following is not an example of a fraudulent crime?
Extortion.
Which of the following is not a recognized advantage or disadvantage of mediation?. A:Mediation provides an opportunity to find creative solutions to disputes. B:Mediation utilizes a jury, thereby preserving the constitutional right to a jury. C:Some people who enter mediation have no intention of finding a solution, but instead use it as a delay tactic. D:Mediation helps disputing parties preserve their relationships.
Mediation utilizes a jury, thereby preserving the constitutional right to a jury.
Which of the following is an accurate statement regarding negligence?
Negligence involves the failure to exercise reasonable care to protect another's person or property.
______ damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which no compensable damages were suffered by the plaintiff.
Nominal
Which of the following is an accurate statement regarding nominal damages in tort cases?
Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.
Which of the following is an accurate statement if an offer is directed to a specific offeree?
Only the offeree to whom the offer was directed can accept the offer.
_____ jurisdiction is the power to hear and decide cases when they first enter the legal system.
Original
____ is the use of past decisions to guide future decisions.
Precendent
Which of the following is not a threshold requirement for a case to be heard by a court? A:Case or controversy B:Ripeness C:Standing D:Primogeniture
Primogeniture (being the first born child)
______ law involves disputes between private individuals or groups and their government.
Public
Suppose a debtor owes a credit card company $3,000. She calls the company and tells its representative that she cannot afford to repay the $3,000 but that she can pay $2,000. The credit card company agrees to accept the $2,000 as payment in full. Which of the following is an accurate statement regarding whether the credit card company has the right to recover the remaining $1,000 from the debtor?
The credit card company can recover the remaining $1,000 since a creditor's promise to accept less than owed for a liquidated debt is not binding.
Which of the following is not a requirement for an accord and satisfaction to be enforceable?
The creditor refuses to accept as full payment less than the creditor claims is owed.
Which of the is not one of the essential elements required for criminal fraud liability?
The defendant fails to do what a reasonable person would have done under the same or similar circumstances
Which of the following is a true statement regarding the Bill of Rights? A: The federal government, as the supreme government of the United States, can deprive individuals of the freedoms protected by the Bill of Rights. B: States can deprive individuals of the freedoms in the Bill of Rights as states are exempt from federal jurisdiction under the Tenth Amendment. C: The Bill of Rights limits government actions as well as the behavior of private employers. D: The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.
The federal and state governments cannot deprive individuals of the freedoms protected by the Bill of Rights.
Suppose a pool contractor agrees to build a pool for a homeowner by June 1. In May, the contractor informs the homeowner that he will not be able to complete the project by June 1 unless the homeowner pays him an additional $5,000 to hire more workers. Under objection, the homeowner agrees. Which of the following is an accurate statement regarding the homeowner's obligation to pay the contractor the additional $5,000?
The homeowner is not legally obligated to pay the $5,000 since the contractor had a preexisting contractual duty to complete the pool by June 1.
Which of the following is an accurate statement regarding the performance of a duty a person is already legally obligated to do?
The performance of a duty a person is already legally obligated to do is not good consideration for a present contract.
Which of the following is not a purpose fulfilled by U.S. law? A:To ensure equitable distribution of nonfinancial resources in society. B:To encourage social justice. C:To serve as a moral guide by indicating minimal expectations of citizens and organizations. D: To guarantee personal freedoms.
To ensure equitable distribution of nonfinancial resources in society
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
assault
A lack of genuine Blank______ in a contract means the contract was not entered into freely by one or more parties.
assent
A ______ is a promise or set of promises for the breach of which the law gives a remedy or the performance of which the law in some way recognizes a duty.
contract
Suppose the U.S. Congress enacts a legislation, the president vetoes the law, and then Congress overturns the presidential veto with a two-thirds vote of the members of Congress. This is an example of the ______ system established by the U.S. Constitution.
checks and balances
Today, most federal regulations are exercises of congressional authority according to the _____
commerce clause of the U.S. Constitution
Under Blank______ privilege, a party will not be held liable for defamation unless the false statement was made with actual malice.
conditional
Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case? comparative negligence consumption of the harm contributory negligence assumption of the risk
consumption of the harm
Usually, the trial court for the county where the ___resides is the appropriate venue.
defendant
An exception to the rule regarding liquidated debt occurs when the debtor offers ______ performance.
different
When engaged in international business
different ethical understandings prevail in different countries
The restriction on states' authority to pass laws that substantially affect interstate commerce is called the ______ commerce clause.
dormant
The full faith and credit clause asserts that
each state must recognize as legally binding the public acts, records, and judicial proceeding of every other state.
Business law consists of the ______ rules of conduct that govern commercial relationships.
enforceable
If a firm faces a problem for which no clear, right decision is available, it faces a(n) ______ dilemma.
ethical
___ is the study and practice of decisions about what is good or right.
ethics
____ work is consideration on a promise for additional money as a basis for a contract.
extra
Which of the following is not an example of a fraudulent crime? false imprisonment false entries Ponzi scheme false token
false imprisonment
Suppose Jim goes door-to-door selling vacuum cleaners at an amazing discount. To obtain the discount, customers must pay immediately, and the vacuum cleaner will be delivered to them in three to five business days. However, Jim possesses no vacuum cleaners and does not plan to deliver any. Jim has committed the crime of ______
false pretense
The United States legal system has two parallel court structures: a ______ system and a(n) ______ system.
federal; state
Constitutional law refers to the general limits and powers of the ______ and ______ governments as stated in their written constitutions.
federal;state
The ______ of business consists of the expectations a community imposes on firms doing business within its borders.
social responsibility
The______ provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land.
supremacy clause of the U.S. Constitution
The public disclosure test is sometimes called the _____
television test
If an offeror dies, the offer
terminates immediately
Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes? the Bush-Cheney Doctrine RICO the False Claims Act the Sarbanes-Oxley Act of 2002
the Bush-Cheney Doctrine
Which of the following is not a source of contract law? case law the Uniform Commercial Code the Universal Contracts Code the Convention on Contracts for International Sales of Goods
the Universal Contracts Code
Which of the following is an alternative meaning of the primary value of freedom? A: to act without restriction from rules imposed by others B:to be safe from those wishing to interfere with property rights C:to possess a large-enough supply of goods and services to meet basic needs D: to provide resources in proportion to need
to act without restriction from rules imposed by others
Which of the following is an alternative meaning of the primary value of security? A:to get the most from a particular output B:to escape the cares and demands of this world entirely C:to be safe from those wishing to interfere with one's property rights D:to provide resources in proportion to need
to be safe from those wishing to interfere with one's property rights
Categories of intentional torts include all but which of the following?
torts against social responsibility
When a party fails to obey a(n) ______ or an international contract, international law imposes liability on that party.
treaty
The ______ test asks us to consider what the world would be like if our decision were copied by everyone else.
universalization
Negligence is behavior that creates a(n) ______ risk of harm to others.
unreasonable
The Fourth Amendment to the U.S. Constitution protects against ________
unreasonable search and seizure
If one or both of the parties can either withdraw from the contract or enforce it the contract is
voidable
Arbitration is often a(n) ______ process based on a(n) ______.
voluntary;contractual agreement
According to the mailbox rule, the revocation of an offer by traditional letter is effective
when received by the offeree
If nothing is said to the contrary in the terms of an auction, the auction is presumed to be Blank____
with reserve
