Business Law Final Exam, BLAW FINAL FOR TEST 111
When the court convicts a person of a crime, it is the role of the _______ to decide what the appropriate punishment will be.
judge
When a judge sentences an offender from five to ten years, he has handed down what kind of sentence?
an indefinite or indeterminate sentence
What amendment under the constitution requires state governments to give their citizens the same protection and rights that the federal government must give to its citizens under the Fifth Amendment?
14th amendment
Which amendment to the U.S. Constitution required the states to give their citizens the same protection and rights as the federal government?
14th amendment
The least amount of amendments made to the U.S. Constitution was in what century?
1800s
Which of the following amendments deals with protection against arbitrary police and court action?
4th through 8th amendments
fixtures
articles of personal property physically attached to real property
The Twenty-sixth Amendment gave eighteen-year-olds the right to vote and also...
allowed states to give citizens under the age of eighteen the right to vote, if the states chose to
true
an easement is the right to cross someone else's property for a particular purpose
Richard was sentenced to nine months in the county jail. With this amount of information, we can deduct that Richard committed a...
misdemeanor
What is an adequate description of state constitutions compared to the U.S. Constitution?
more protective than the U.S. Constitution, similar to the U.S. Constitution, more restrictive than the U.S. Constitution (not more broad than the U.S. Constitution)
Which of the following is not considered a valid legal defense to a crime?
motive
Making decisions based on feelings or opinions...
no one can ever be wrong if this is the only basis of ethics
Morality involves the values that govern a society's attitude toward...
right and wrong
What are the guidelines for the three phases of the new death penalty law?
If found guilty, a pre-sentence hearing, consisting of the judge or jury listening to the attorneys' arguments and examination of other evidence, takes place, a jury determines the guilt or innocence of the accused, an appeal to the state's highest court is required before a death sentence is carried out
Most legal systems in the U.S. are based on English common law, with the exception of...
Louisiana
Law consists of rules of conduct established by the government of a society to maintain stability and justice in that society. Can the law make people do what is legally right?
No, although law does have the power to punish people for doing things that are wrong.
Goylan, confronted in his home by an armed intruder, shoots and wounds the intruder. Goylan is arrested and charged with assault. The prosecutor argues that Goylan should have retreated before resorting to violence. Is the prosecutor correct?
No, because persons do not need to retreat if they are in the walls of their own home.
eminent domain
the right of the government to take private land for a public purpose
When a crime is committed and goes to trial, who becomes the plaintiff or prosecutor?
the state where the crime took place
sublease
the transfer of part of the term of a lease to someone else
Sylvia Rich found an old, unsigned, unwitnessed will that her aunt had written. Sylvia signed her aunt's name on the will. The will was never used. Did Sylvia commit forgery?
No, she did not commit forgery because there was no intent to defraud and to deceive.
Loretta Pineda believes that if she were permitted to do something under the laws governing her own state, then the U.S. Constitution could not prevent her from doing it. Is she correct?
No, the U.S. Constitution is the supreme law of the land and state laws must not conflict with it.
Because it provides the most basic principles by which the federal government operates, the _______ (are/is) considered the most fundamental law(s).
U.S. Constitution
The final authority regarding constitutionality of all laws and government actions is the...
U.S. Supreme Court
lessee
a tenant under a lease of real property
tenancy in common
a type of co-ownership in which a person's heirs inherit that person's share of property is known as
Jared Millar is the editor of a small-town weekly newspaper. After he printed an editorial accusing Sheriff Radcliff of corruption, the sheriff shut down the newspaper under a city ordinance allowing the local sheriffs to close any newspaper they consider a "public nuisance." Millar claims the ordinance was unconstitutional. Is Millar correct?
Yes, because the statute violates freedom of the press, which is guaranteed by the First Amendment.
life or forever
a freehold estate is one in which the holder owns the land for
true
a landlord is obligated to make repairs necessary to keep rental property fit for habitation
constructive eviction
a landlord who deprives a tenant of electricity is guilty of
lessor
a landlord who leases real property to a tenant
lien
a legal claim against another person's property as security for a debt or loan
false
a license is a permanent, irrevocable right to the use of another person's land or property
When a judge cannot lessen a prisoner's time for good behavior, it is because the prisoner has been given what kind of sentence?
a mandatory sentence
Which source of law has a wide range of powers, from making and enforcing their own rules, to investigating the violation of those rules and making judgment on those violations?
administrative law
The element(s) required in order for a crime to be committed are...
both the criminal act and the intent
Making decisions based on the Golden Rule...
can be abused by those who are primarily motivated by self-interest
Making decisions designed to foster "the greatest good"...
can result in decisions that seem unfair and can be misapplied
The doctrine of stare decisis has to do with the law of precedent and....
case law
Courts make laws through all of the following...
common law tradition, interpreting statuses, deciding on issues of constitutionality (not administrative law)
What is considered a valid legal defense to a crime?
defense of family members, entrapment, insanity
The wrongful taking of another's property by a person who has been entrusted with that property is...
embezzlement
Angela works in Bioengetec Inc.'s computerized payroll department. She adds $100-200 to each of her paychecks. Eventually, an alert supervisor catches her. What crime or crimes should she be charged with?
embezzlement and computer crimes
The heart of the golden rule is...
empathy
If a law enforcement officer induces a law-abiding citizen to commit a crime, the accused may claim...
entrapment
Accepting payment or something of value by a public official is considered...
extortion
What is an example of a "white-collar crime"?
extortion
True/False: All people know the difference between right or wrong, regardless of the methods used to make their ethical decisions.
false
True/False: All people make the same ethical decisions.
false
True/False: Because laws reflect the moral values of society, they do not conflict.
false
True/False: If the death penalty is given, the defendant's case is automatically taken to the U.S. Supreme Court.
false
True/False: Misdemeanors are lesser crimes punishable in the city or county jail for one year or more.
false
True/False: Most criminal acts are involuntary in nature.
false
True/False: Persons considered public officials or well-known personalities cannot sue for defamation of character because that is one of the risks of being in the limelight.
false
True/False: Signing another person's name on a check, but never cashing it, is considered forgery.
false
True/False: State constitutions are more liberal than, and not as restrictive as, the U.S. Constitution.
false
True/False: Store merchants and store detectives have the right to detain a suspected shoplifter; therefore, they cannot be liable for false imprisonment.
false
True/False: When a person is convicted of a crime, the jury decides what the punishment will be: fine, imprisonment, or death.
false
True/False: When a tort is committed, then a crime has been committed, which is punishable by a fine or imprisonment or both.
false
True/False: In all cases of self-defense, a person must make the effort to retreat before using force.
false (Not if the person was in his/her home.)
True/False: When the plaintiff is partially at fault, the plaintiff cannot recover any monitorial damages because of comparative negligence.
false - the plaintiff can recover damages minus the percentage that he or she contributed.
True/False: People involved in highly dangerous activities are held to a greater degree of care in order to prevent a suit of negligence brought against them.
false - when a person is involved in a highly dangerous activity, that person is held liable even if that person was not considered negligent
A(n) _______ is a major crime punishable by imprisonment or death.
felony
When convicted of a misdemeanor, what penalties can be given?
fine and/or imprisonment
The false making or changing of a writing with the intent to defraud is...
forgery
Larceny, embezzlement, and fraud are all...
forms of stealing
false
trade fixtures generally become real property and must be turned over to the landlord at the end of the tenancy
What lesser crime does not require the element of intent to be proven?
traffic ticket
deed
transfers title of ownership property
landlord
if you own real property and rent it to someone, you are a
Software companies lose billions of dollars each year because of...
illegal copying software
The courts make laws by all the following ways except for...
original jurisdiction
true
ownership of property can come about by deed, inheritance, or law
In a criminal proceeding, the government is referred to as the...
prosecutor
What is an example of a minor misdemeanor?
receiving a parking ticket
The local town council of Cedar Ridge passed a bylaw requiring that all juveniles under the age of eighteen not be allowed to socialize on the streets after 10:30 pm on weekdays, and midnight on the weekends. This type of law is...
statuatory law
Laws passed by Congress, state legislatures, or local city councils are all considered...
statutory laws
eviction
the act of depriving a person of the possession of real property, usually through court action
lease
the agreement that creates the landlord-tenant relationship is called a
The elements required for a crime to be committed are...
the criminal act and the required state of mind
Trials must go through three phases before a judge may sentence a convicted felon to....
the death penalty
When a judge follows an earlier court decision when deciding a case with similar circumstances, his decision is based upon...
the doctrine of precedent
Ryan Cooper received a copy of an algebra final. Ryan made copies of it and passed them out to his class the day before the test. He justified his actions by saying that he was helping the majority of the class by giving them advanced copies of the test. Though his reasoning was flawed, which technique for reaching his ethical decision did Ryan use?
the greatest good
estate
the interest or right that a person has in real property
tenancy
the interest owned by renters in the real estate they lease
True/False: A crime has not been committed if one of the two elements is missing.
true
True/False: A defamatory statement can be libel or slander.
true
True/False: An act can be considered both a crime and a tort.
true
True/False: Crimes are classified according to their seriousness, and by the punishment given.
true
True/False: Ethics may be a matter of opinions and feelings.
true
True/False: If an injury was not foreseeable by the defendant, then there is no proximate cause.
true
True/False: If the owner does not rely on the false statements made when his property was taken, then fraud has not been committed.
true
True/False: In many states, after an "insane" person is pronounced cured, that person goes free.
true
True/False: Laws are made to be changed.
true
True/False: Laws do not force society to make ethical decisions, but they do have the power to punish.
true
True/False: Professionals and tradespeople are held to a higher degree of care than most individuals.
true
True/False: Some people use the greatest good principle because they see it as a natural way to make ethical decisions.
true
True/False: The courts can decide if a state or federal statute is unconstitutional only when that statute is disputed in a lawsuit between two parties.
true
True/False: All four elements of negligence must be proved in order to establish negligence.
true (the four elements of negligence are: duty of care, breach of duty, proximate cause, and injury)