Business Law and Ethics Final Review True/False

After the age of majority, the power to disaffirm is immediately cut off if the person ratifies the contract.

True

A breach of warranty is not a breach of contract.

False

A causal connection between the duty and the breach of the duty is called causation.

False

A contract can only be ratified by an explicit statement made orally or in writing.

False

A covenant is a promise never to sell the land in a family trust.

False

A failure to respond at all to an offer can be construed as an acceptance.

False

A mobile home that is being towed is considered real property.

False

A mutual mistake about the law applicable to the contract will render the contact void.

False

A person need not be supervised to be classified as an employee.

False

A person released on his or her own recognizance must post a bond.

False

A promise to make a gift to a charitable organization can be made enforceable by the charity sending a written request for the money to the potential donor within 30 days.

False

A store display of a MP3 player marked 121.00 would be an offer.

False

A trust created for the fulfillment of an altruistic purpose is known as a spendthrift trust.

False

A violation of the duty need not be proved before the injured party can collect damages.

False

A warranty against infringement basically requires that the goods be fit for the ordinary purposes for which such goods are used.

False

A warranty is a statement about a product's qualities or performance and therefore is not governed by the UCC.

False

Active concealment of a material fact nonetheless leaves the resultant contract valid.

False

Administrative agencies are usually controlled by the judicial branch go government.

False

All contracts have to be in writing to be enforceable.

False

All employees are entitled to due process before being discharged.

False

All torts require that the defendant intended to injure the plaintiff.

False

Although a promise to perform an existing private duty cannot be consideration, a similar promise to perform an existing public duty can be consideration.

False

An ex-parte injunction is issued by a judge after hearing both sides of an argument in a labor dispute.

False

An expert witness performs the cross examination.

False

Answers are typically filed in order to call defendants to court.

False

Any person who drinks an alcoholic beverage lacks the legal capacity to make a valid binding contract.

False

Any person who performs a task with financial value for another person is an employee.

False

Any records made on juvenile cases are open to the public.

False

Appellate courts usually decide whether there were errors of law and errors of fact in the trial.

False

Battery and negligence are intentional torts.

False

Codicils can be made to accomplish any conceivable legal purpose.

False

Collective bargaining is the process of negotiating a binding employment contract by the union and the courts.

False

Dissaffirmance of a contract has to take place with sixty days once ratification occurs.

False

Ethical reasoning about right and wrong is based solely on consequences.

False

Generally, a promise to make a gift is enforceable.

False

Generally, what the parties give and get as consideration need to be of equal economic value.

False

If a person finds and returns a watch for which a reward is offered but does not know of the reward offer, the person is still entitled to the reward.

False

If a tenant has added fixtures to the realty, they may be removed at the end of the lease.

False

If management denies voluntary recognition, the union can conduct a representation election.

False

If the offeree gives the offeror something of value in return for a promise to keep the offer open, this agreement is itself a binding contract and is called a counteroffer.

False

In labor-management relations, only federal laws exist.

False

In the state court system, is is the marshal's duty to summon witnesses and keep order in the court.

False

It is not a crime to buy property that you know has been stolen

False

Laws in this country are created only at the federal and state levels of government.

False

Minority ends the day after the birthday of the age of majority.

False

Minors are not usually liable for their torts.

False

Minors have contractual capacity.

False

Obscenity is judged on a national standard.

False

Once made, a will cannot be changed or canceled.

False

Only written employment contracts are valid.

False

Parties that cancel their contract obligations by rescission cannot get back what they've already put into the contract.

False

Past performance by one party to a contract is always legally sufficient consideration for a new promise by the second party.

False

The Bill of Rights consists of the first ten amendments to the U.S. Constitution plus the Thirteenth, Fourteenth, and Fifteenth Amendments added after the Civil War.

False

The Laws, or enforceable rules of conduct in a society, do not reflect the culture and circumstances that create them.

False

The Senate can block any action of the House, but the House cannot block any action of the senate.

False

The United States Supreme Court has original jurisdiction over all cases in the country.

False

The creator of a trust is known as the trustee.

False

The existence of a duty in criminal law is usually proved in court by the testimony of an expert witness.

False

The goal of civil disobedience is to advance the self-interest of one group over another.

False

The goal of the juvenile courts is to match the punishment with the crime.

False

The issue of jurisdiction is a settled area in cyber law.

False

The person to whom an offer is made is termed the offeror.

False

The person who hired an independent contractor usually is liable for the contractor's torts.

False

The property taxes are the responsibility of the tenant unless there is a contrary agreement.

False

The question of jurisdiction is based on two legal considerations: the laws of the state in which the case is filed and the long arm of the law.

False

The requirement that the acceptance must exactly match the offer for an agreement to be legally effective is known as the reverse image rule.

False

The right to withdraw an offer before it is accepted is known as the right of redemption.

False

The riparian rights system and the prior appropriation system are used for regulating the mineral rights or property.

False

The standard for necessaries cannot vary form one person to another.

False

The state supreme courts issue the final decision on all matters of law appealed to them.

False

The world's two great systems of law are the English common law and the Napoleonic Code.

False

Those who die without a valid will are said to have died testate.

False

Unlike other methods of acceptance, a mailed acceptance is effective only when received by the offeror.

False

When a decision is made by a mediator, it is binding on the parties to the dispute.

False

When there is a jury, the judge decides the issues of both law and fact.

False

You will not be bound to a contract you have not read, even if you sign it.

False

Puffing and warranties are both statements of fact.

Falst

A Miranda warning must be issued for most confessions to be valid.

True

A buyer of real property usually purchases the surface rights, rights to the air space above the land, and in most states the rights to the earth beneath the surface of the land.

True

A clear rejection terminates an offer.

True

A contract that lacks the genuine assent of the parties to it is typically voidable.

True

A debt discharged through the debtor's bankruptcy proceeding can be reaffirmed by the debtor without any additional consideration for the subsequent promise to repay.

True

A grant of immunity can eliminate a person's right to refuse to testify on the grounds of self-incrimination.

True

A party who violates an express term is liable for breach.

True

A promise not to join a union was a requirement of the low-dog contracts.

True

A promise unsupported by consideration is generally unenforceable.

True

A repudiation or renunciation of a right or power typically or legally vest in a person is a disclaimer.

True

A resulting trust is formed when the entity intended to receive the benefit of an express trust cannot do so.

True

A voluntary termination of a lease before its expiration occurs when the tenant surrenders the lease and he landlord accepts it.

True

A will is a legal expression by which a person directs how his or her property is to be distributed after death.

True

An independent contractor receives pay without supervision.

True

Before 1842, the courts classified union as criminal conspiracies.

True

Being able to show fraud allows a victim to recover punitive damages in addition to being able to utilize other remedies.

True

Committing an act of violence to obtain a signature on a written contract is duress.

True

Common employment interests should be included in the bargaining unit.

True

Competition if the driving force behind the creation and improvement of products and services.

True

Consideration is what the promiser demands and generally must receive in order to make his or her promise legally binding against him or her.

True

Constructive eviction allows the tenant to withhold rent.

True

Contributory negligence is a defense to the tort negligence.

True

Even though political parties are very important in the selection of candidates for federal offices, they are not mentioned in the Constitution.

True

Generally, all the jurors must vote for conviction before a person con be convicted of a crime.

True

If a contract's termination clause gives a party the right to terminate for any reason whatsoever, that party's promise to perform would be illusory and non-binding as consideration.

True

In the United States, law courts and equity courts generally are merged.

True

Incapacitated parties need to pay only the fair market value rather than the contracted price of necessaries.

True

Merchantability requires that any warranty protection that is customary in the trade by extended to all buyers.

True

Minor individual suits would not often be heard if not for the small claims courts.

True

Money damages received as a result of a tort is intended to compensate for the injury.

True

Most tort duties are defined by state law.

True

New drugs cannot be marketed in this country without FDA approval.

True

Now most labor relations problems are resolved by the National Labor Relations Board.

True

Payroll deductions are taken from the employee's paycheck by the employer.

True

People acting outside the scope of their authority are generally personally liable whenever the organization is not.

True

Permanency of the attachment will determine if a structure is real property or personal property.

True

Product liability laws have increased in recent years to protect injured plaintiffs.

True

Punitive damages are always available where an intentional has been committed.

True

Regardless of whether a misrepresentation is innocent or fraudulent, the resulting contract is voidable by the party to whom the misrepresentation is made.

True

Some statutory provisions allow certain relatives to override the will's terms and receive more of the estate than the will provided.

True

The Clayton Act exempted unions from the Sherman Antitrust Act.

True

The Internet began as a collaboration between the government and academic computers.

True

The Supreme Court of the United States is the final interpreter of the federal Constitution.

True

The agency that deals with discrimination int he workplace is the Equal Employment Opportunity Commission. (EEOC)

True

The doctrine of stare decisis requires lowers courts to follow established case law in deciding similar cases.

True

The federal Magnuson-Moss Warranty Act applies only to written warranties on certain products sold to consumers.

True

The history of U.S. labor law reveals great hostility toward unions.

True

The maintenance of the common areas is the responsibility of the landlord.

True

The minimum wage and overtime requirements of the law do not apply to executives, administrators, and professional workers.

True

The party lacking capacity can generally disaffirm contracts for goods and services that are not necessaries; yet the party lacking capacity can enforce them against the party with capacity.

True

The payment of money for the release of an unliquidated tort claim is adequate consideration to make the release enforceable.

True

The property of the deceased escheats to the state if there are no inheritors.

True

The prosecution and the defense may issue a subpoena.

True

The right of privacy is not specifically mentioned int eh Constitution or the Bill of Rights.

True

The state legal system, as well as the federal, has three branches of government.

True

The system of law in the United States is based on English common law.

True

The three elements of most crimes are the duty, the breach of the duty, and criminal intent.

True

There are thirteen federal courts of appeal.

True

To be classified as an employee, a person must be receiving pay.

True

Trusts are named by the timing and purpose of their creation.

True

What is a crime for an adult is juvenile delinquency for a minor.

True

When the dominating party to a confidential relationship exerts irresistible pressure on the dominated party to enter into a contract that benefits the former, undue influence occurs.

True

While an implied-in-fact contract does not have its terms expressly stated the terms can be inferred from the parties' acts or conduct.

True