Business Law Midterm

Freedom of Information Act, Government in the Sunshine Act

Congress has enacted disclosure statutes to enhance public and political oversight of agency activities. These statutes include: a. Freedom of Information Act b. Government in the Sunshine Act c. Both (a) and (b) are correct d. Neither (a) nor (b)

Sales of personal property, commercial paper, secured transactions

Contract law is significant in that it is basic to other fields of law such as: a. sales of personal property b. commercial paper c. secured transactions d. All of the above

Ordinarily do not involve juries

Courts of equity: a. have remained separate court systems in nearly every jurisdiction in the United States b. Ordinarily do not involve juries c. In all cases recognized new rights that were not enforceable at common law d. All of the above

The offer is terminated

Destruction of the subject matter has what effect on the offer? a. The offer is terminated b. The offer is delayed until additional subject matter can be located c. This creates an impossibility of fact that does not terminate the offer d. The offer is merely delayed under the "Hardship Rule"

Privacy Act

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the: a. FOIA b. Privacy Act c. Government in the Sunshine Act d. APA

They are appointed by the agency through a professional merit selection system

How are Administrative Law Judges selected? a. They are appointed by the president and then confirmed by Congress b. They are elected by Congress c. They are appointed by the president without confirmation by Congress d. They are appointed by the agency through a professional merit selection system

do not apply to defects that are apparent upon reasonable inspection

If the buyer inspects the goods before entering into the contract, then implied warranties: a. still apply to any defects b. will in no circumstances by applicable c. do not apply to defects that are apparent upon reasonable inspection d. None of the above

The existence of emergency conditions, A physician's training and years of experience

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider which of the following factors? a. The existence of emergency conditions b. A physician's training and years of experience c. A person's severe mental retardation d. (a) and (b), but not (c)

Manifest their agreement objectively

In order to form a contract, the parties must: a. manifest their agreement subjectively b. manifest their agreement objectively c. indicate solely through the written word their intent d. create a formal document

Assault

Intentional harm to the person includes which of the following torts? a. Assault b. Nuisance c. Conversion d. All of the Above

Compensatory Damages

Possible remedies for a breach of contract include: a. compensatory damages b. fines c. incarceration d. All of the above e. None of the above

Eighth

The ______ Amendment prohibits excessive bail and prohibits cruel and unusual punishment. a. Fourth b. Fifth c. Sixth d. Eighth

Truth and Privilege

Two absolute defenses to the tort of defamation are: a. truth and self-defense b. truth and privilege c. privilege and self-defense d. truth and defense of property

The evidence will be excluded from use at trial

What happens if the police illegally seize evidence in violation of the Fourth Amendment? a. The evidence will be excluded from use at trial b. The defendant's arrest is nullified c. The defendant is entitled to another trial d. The defendant will be paid for the expenses of his defense

In the case of fungible goods that they be of a quality that exceeds the description and be above average

Which of the following is NOT included within the Code definition of merchantability? a. Reasonably fit for the ordinary purposes for which the goods are used b. Pass without objection in the trade under the contract description c. In the case of fungible goods that they be of a quality that exceeds the description and be above average d. Be of fair, average quality

Money damages

Which of the following is Not considered to be an equitable remedy? a. Specific performance b. Injunction c. Reformation d. Money Damages

Rejection

A ________ is the refusal to accept an offer. a. revocation b. counteroffer c. rejection d. statutory irrevocability

Bilateral Contract

A contract in which both parties exchange promises is a: a. voidable contract b. bilateral contract c. unilateral contract d. quasi contract

Rules must be adopted in compliance with all of the above

A federal agency that wishes to adopt administrative rules must do so in compliance with the: a. Administrative Procedures Act b. U.S. Constitution c. agency's enabling statute d. Rules must be adopted in compliance with all of the above

Federal Statute is Supreme

A state constitutional provision conflicts with a federal statute. The: a. Federal statute is supreme b. State constitutional provision is supreme c. Federal statute is supreme if Congress has expressly so provided d. State constitutional provision is supreme if it expressly so states

Have Standing, Have exhausted their administrative remedies, be a party injured by the agency action

Parties that seek to challenge agency action must: a. Have Standing b. Have exhausted their administrative remedies c. Be a party injured by the agency action d. All of the Above

Hearings before the Senate

Sources of federal law include all but which of the following? a. Rules of administrative agencies b. Decisions of federal courts c. Executive orders of the President d. Hearings before the Senate

Embezzlement

The improper taking of another's property by one in lawful possession of it, that violates a trust, is: a. Robbery b. Theft c. Larceny d. Embezzlement

State Administrative Rules, Executive Orders, Ordinances

The sources of law in the American legal system include: a. State Administrative Rules b. Executive Orders c. Ordinances d. All of the above e. (a) and (c), but not (b) or (d)

All of the Above

An absolute privilege exists to protect which of the following defendants in defamation cases? a. Members of Congress on the floor of Congress b. Statements made by the President of the U.S. in the discharge of official duty c. Statements about a third party made to one's spouse when the couple is alone d. All of the above

An invitation to buyers to make an offer to buy goods

An ad in a newspaper or a circular describing goods and stating prices would generally be considered: a. a firm offer if made by a merchant b. an offer if made by a merchant, but not a firm offer c. an offer irrespective of who made the offer d. an invitation to buyers to make an offer to buy goods

Battery

Bodily contact that is harmful or offensive can give rise to the tort of: a. assault b. battery c. defamation d. appropriation

interference with contractual relations, disparagement, fraudulent misrepresentation

Business torts consist of: a. interference with contractual relations b. disparagement c. fraudulent misrepresentation d. (a), (b), and (c) are correct

is a common type of counteroffer

A conditional acceptance: a. generally accepts the original offer, but provides a way to later avoid contractual obligations b. is a common type of counteroffer c. operates as a rejection and not a new offer d. cannot exist because an acceptance is, by definition, an act that manifests the offeree's willingness to enter into a contract on the terms of the offer

Restricts powers of government, Specifically enumerates certain liberties of the people, establishes governmental structure

A constitution: a. restricts powers of government b. specifically enumerates certain liberties of the people c. establishes governmental structure d. All of the above

An option

A contract that binds the offeror to keep an offer open for a specified period of time is known as: a. a offer with reserve b. an option c. promissory estoppel d. a unilateral contract

Injunction

A court order requiring that a person do or refrain from doing a particular act is known as an: a. injunction b. maxim c. statute d. executive order

a state trial court in Washington

A decision of the Supreme Court of Washington would always be binding on: a. a federal district court in Washington b. a state trial court in Washington c. the U.S. Court of Appeals for the 9th Circuit d. All of the Above

Sale

According to the UCC, an enforceable agreement involving the transfer of title of goods from a seller to a buyer for a price is called a: a. commercial contract b. express contract c. formal contract d. sale

Legislative Rules

Administrative statutes issued by an agency are known as: a. Legislative Rules b. Interpretive Rules c. Hybrid Rules d. Procedural Rules

Police Power

All but which of the following is an exclusive federal power? a. The power to establish laws regarding bankruptcy b. The power to grant copyrights c. The power to enter into treaties d. Police power

Express

An ______ contract is one in which the terms have been definitely and specifically stated and agreed upon. a. express b. implied c. written d. formal

Emergency

An ________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit. a. res ipsa loquitur b. duty to act c. emergency d. None of the above

a requirements contract

An agreement of a seller to supply a buyer with all of the buyer's requirements for certain goods is known as: a. an output contract b. a requirements contract c. a firm offer d. promissory estoppel

A sample, A description, A promise

An express warranty within the meaning of the Code is created by which of the following? a. A sample b. A description c. A promise d. All of the above

a warranty of merchantability

An obligation of the merchant-seller that the goods are reasonably fit for general purposes for which they are manufactured and sold, and the goods are of fair average quality is known as: a. a warranty of merchantability b. strict liability c. an express warranty d. a warranty of fitness for a particular purpose

Only where there was a prejudicial error that substantially affected the appellant's rights and duties

Appellate judges can reverse a decision of the trial court: a. where any error below is found b. only where there was a prejudicial error that substantially affected the appellant's rights and duties c. only where the outcome of the case is clearly wrong d. where the losing party desires a new trial

Burglary

At common law, _______ was defined as a breaking and entering of a dwelling house at night with the intent to commit a felony. a. burglary b. bribery c. robbery d. theft

Arraignment

At the ________, the accused is informed of the charge against him and he enters his plea. a. Preliminary Hearing b. Arraignment c. Indictment d. Information

a defective, unreasonably dangerous product reaches the consumer or user without substantial change in the condition in which it is sold

Strict product liability exists if: a. the consumer misuses the product b. the consumer alters the product before he or she uses it c. a defective, unreasonably dangerous product reaches the consumer or user without substantial change in the condition in which it is sold d. the consumer gives the manufacturer or seller notice of the defect

Production of documents, Written interrogatories, Depositions

The "discovery" stage of a trial includes which one of the following? a. Production of documents b. Written interrogatories c. Depositions d. All of the Above

All of the above are correct

The Bill of Rights: a. serves as a major restriction on the powers and authority of the federal government b. does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states c. Consists of ten amendments to the U.S. Constitution that were adopted in 1791 d. All of the above are correct

Corporate Political Speech, Commercial Speech, Defamation

The First Amendment's guarantee of free speech applies to: a. Corporate political speech b. Obscenity c. Commercial Speech d. Defamation e. (a), (c), and (d) are correct

Prohibits unreasonable search and seizure

The Fourth Amendment to the Constitution: a. Requires a speedy trial b. prevents double jeopardy c. prohibits unreasonable search and seizure d. All of the above

Executive Orders

The President of the United States has the authority to issue laws, which are called: a. Restatements of law b. Executive Orders c. Constitutional amendments d. codes

As granting virtually complete power to Congress to regulate the economy

The Supreme Court interprets the Commerce Clause: a. narrowly b. as granting virtually complete power to Congress to regulate the economy c. as restricting Congress to the coining of money and taxation d. to mean that the Court may invalidate legislation enacted by Congress when the activity affects the individual states' regulation of their own role in interstate commerce

The powers the Constitution does not prohibit to the states

The U.S. Constitution reserves to the states or to the people: a. Powers also delegated to the federal government by the Constitution b. The powers the Constitution does not prohibit to the states c. Police Power d. Employee Safety Matters

Executive, Legislative, Judicial

The U.S. Constitution vests power in the branches of government that form a "checks and balances" system. Those branches of government include: a. Executive b. Legislative c. Judicial d. All of the above

Employment contracts, service contracts, insurance contracts, contracts involving real property

The Uniform Commercial Code does not apply to: a. employment contracts b. service contracts c. insurance contracts d. contracts involving real property e. All of the above

Freedom of Information Act

The ________ is the federal statute requiring most records in agency files to be accessible to the public. a. Freedom of Information Act b. Administrative Procedures Act c. Administrative Law Judge d. Government in the Sunshine Act

Sixth Amendment

The ________ provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury. a. Fourth Amendment b. Fifth Amendment c. Sixth Amendment d. Eighth Amendment

Administrative Law

The branch of public law that deals with the various regulatory functions and activities of agencies of the government is a. criminal law b. administrative law c. Constitutional law d. substantive law

Substantive Law

The category of law that creates, defines, and regulates legal rights and obligations is known as: a. substantive law b. procedural law c. Constitutional law d. criminal law

Judge-made law, case law, common law

The courts in common law systems have developed a body of law that serves as precedent for determination of later controversies. This is called: a. Judge-made law b. case law c. common law d. All of the above

mens rea

The criminal intent necessary to commit a crime is known as: a. actus reus b. mens rea c. The M'Naghten test d. malice aforethought

Verdict

The decision of an arbitrator is called an: a. Verdict b. Judgment c. Award d. Binding Decision

decree

The decision of an equity court is called a: a. judgment b. decree c. stare decisis d. inquisition

A police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so

The defense of entrapment arises when: a. a law enforcement official induces a person to commit a crime whether that person, under ordinary circumstances, would have done so or not b. any person induces any other person to commit a crime when the person induced would not ordinarily have done so c. a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so d. law enforcement officials act aggressively to prevent a crime

Separation of Powers

The doctrine aimed at preventing any branch of government from gaining too much power is: a. judicial review b. federalism c. separation of powers d. preemption

Courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions

The doctrine of stare decisis means that: a. The common law has not been able to evolve in a stable and predictable manner b. decisions can be overruled c. Courts adhere to and rely on rules of law that they or superior courts relied on in similar decisions d. Courts are not allowed to correct erroneous decisions or to choose among conflicting precedents

the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens, a foreign country brings an action against citizens of the United States, the controversy is between citizens of the United States and citizens of a foreign country

Diversity of citizenship exists when: a. the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens b. a foreign country brings an action against citizens of the United States c. the controversy is between citizens of the United States and citizens of a foreign country. d. All of the Above

Are both genuine contracts, Are equally enforceable

Express contracts and implied in fact contracts: a. Are both genuine contracts b. Are equally enforceable c. Are not really contracts d. Two of the above, (a) and (b)

the offer must be stated or communicated by words

For an offer to be valid: a. the offeree must have knowledge of the offer b. the offeree must have first-hand knowledge of the offer c. the offer must be stated or communicated by words d. the offer must be made by the offeror

Intentionally, Negligently, Without Fault

Harms or Injuries that are tortious may be inflicted: a. Intentionally b. Negligently c. Without Fault d. In all of the above ways

depend on the type of contract or sale entered into

Implied warranties under the code: a. depend on the type of contract or sale entered into b. are a result of specific language in the sales contract c. continue the common law rule of caveat emptor d. are intended to protect the seller rather than the buyer

a warranty existed, the warranty has been breached, the breach of the warranty proximately caused the loss suffered

In bringing a warranty action, the buyer must prove that: a. a warranty existed b. the warranty has been breached c. the breach of the warranty proximately caused the loss suffered d. All of the above e. None of the above

Where an airline attendant witnessed one passenger threaten another passenger

In which of the following situations would a court be likely to find that the witness to the situation had an affirmative duty to act? a. Where a pedestrian witnessed an auto accident in which one of the drivers was injured b. Where an airline attendant witnessed one passenger threaten another passenger c. Where the driver of a car saw a two-year-old toddler wandering in the middle of a busy street d. All of the above are situations where legally there is an affirmative duty to act

Trespass to real and personal property, Nuisance, Conversion

Intentional harm to property includes the torts of: a. trespass to real and personal property b. nuisance c. conversion d. All of the Above

Writ of Certiorari

One method of appealing a case to the U.S. Supreme Court is by: a. writ of execution b. offer of proof c. writ of certiorari d. request for admissions

Be sufficiently definite and certain, be communicated to the offeree, manifest an intent to enter into a contract

To be effective, an offer must: a. be sufficiently definite and certain b. be communicated to the offeree c. manifest an intent to enter into a contract d. All of the above e. None of the above

Invitees, trespassers, licensees

Under the Second Restatement, the duty of a possessor of land to persons who come on the land usually depends on whether those persons are: a. invitees, trespassers, licensees b. reasonable persons c. fiduciaries d. involved in abnormally dangerous activities

Acceptance, Offer

Under the common law, the ________ must be the mirror image of the ______. a. acceptance, offer b. offer, acceptance c. contract, offer d. contract, consideration

Performing abnormally dangerous activities, Selling defective unreasonably dangerous products, Keeping animals

Which of the following are activities that give rise to strict liability? a. Performing abnormally dangerous activities b. Selling defective, unreasonably dangerous products c. Keeping animals d. (a), (b), and (c) are correct

Complaint, summons, answer, reply

Which of the following are pleadings? a. Complaint, summons, answer, reply b. Interviews, discovery, witness list, arbitration c. Summons, depositions, written interrogatories, voir dire d. Both (a) and (b)

A writing

Which of the following is NOT always necessary in order for a valid contract to be formed? a. Mutual assent b. Legality of purpose c. A writing d. Competent parties

Special Verdict

Which of the following is NOT considered to be an alternative method of dispute resolution? a. Special Verdict b. Negotiation c. Conciliation d. Mediation

It makes allowance for physical disability, It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience

Which of the following is correct with respect to the reasonable person standard? a. It makes allowance for mental deficiency b. It makes allowance for physical disability c. It applies an individualized test to children that takes into consideration the child's age, intelligence, and experience d. Two of the above, (b) and (c)

A privilege against self-incrimination

Which of the following is found in the Fifth Amendment to the U.S. Constitution? a. A privilege against self-incrimination b. A requirement of probable cause c. A prohibition against cruel and unusual punishment d. The right to an attorney

The seller's opinion of the value of goods

Which of the following is not an express warranty? a. Restating facts or market figures about a product b. The opinion of an expert in a certain field regarding a product in that field c. A statement of the product specifications d. The seller's opinion of the value of goods

Fairness of the bargain

Which of the following is not generally required in order to have a valid contract? a. Mutual assent b. A lawful purpose c. Fairness of the bargain d. Parties who have contractual capacity

Physical Disability, Superior skill or knowledge, Emergency Circumstances

Which of the following is/are considered in determining the application of the reasonable person standard? a. Physical Disability b. Superior Skill or Knowledge c. Emergency Circumstances d. All of the above are considered

Transmitting gas through a gas pipe

Which of the following would not be considered an abnormally dangerous activity, subjecting the person who carries it out to strict liability? a. Pile Driving b. Transmitting gas through a gas pipe c. Collecting water in a dangerously large quantity d. Emitting noxious fumes in a subdivision

Not Recover Anything

While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Cart was 40% negligent and that Darla was 60% negligent. Darla's injuries are $10,000. If this accident occurred in a state following the modified comparative negligence theory of recovery, Darla will: a. recover $10,000 b. not recover anything c. recover $6,000 d. recover $4,000

shoot the kidnapper, since she can protect the baby in the same way as she can protect herself

Claudia's baby daughter Karynne is snatched from her arms at the grocery store. The kidnapper threatens to drop the baby if the the store does not hand over the contents of the vault. Claudia may: a. trip the kidnapper, because she is limited to nonlife-threatening force b. shoot the kidnapper, since she can protect the baby in the same way as she can protect herself c. not seriously harm the kidnapper, since she is not in danger d. only call the police, since she cannot take the law into her own hands

Conversion

The intentional exercise of dominion or control over another's personal property which so seriously interferes with the other's right of control as to justly require the payment of full value for the property is: a. trespass to personal property b. interference with economic interests c. conversion d. fraudulent misrepresentation

Venue

The legal concept which deals with the location where a lawsuit should be brought is: a. venue b. in personam jurisdiction c. subject matter jurisdiction d. stare decisis

(A) and (C), but not (B)

The legislature may exercise control of administrative agencies in various ways. These are: a. through its budgetary power b. through the power to appoint and remove chief administrators c. by amending an enabling statute to increase, modify, or decrease an agency's authority d. All of the Above e. (a) and (c), but not (b)

Provide for restrictions on the power of the federal government

The main purpose of the The Bill of Rights was to: a. enumerate all of the rights of U.S. citizens b. list the powers of the federal government c. provide for restrictions on the power of the federal government d. provide limitations on the powers of individuals

Appellant

The party who files an appeal is the: a. plaintiff b. appellant c. appellee d. defendant

Plaintiff

The person who files or commences a civil lawsuit is the: a. plaintiff b. defendant c. prosecuting attorney d. attorney general

All of the Above

The president has significant control over administrative agencies housed within the executive branch by virtue of the power to: a. Remove commissioners for causes set forth by statute b. appoint and remove the chief administrator of those agencies c. impound moneys appropriated to the agency by Congress d. All of the above

Consideration

The requirement that each party to a contract must intentionally exchange something of value as an inducement to the other party to make a return exchange is known as: a. mutual assent b. consideration c. legality of object d. contractual capacity

the federal judiciary, the Congress, and the executive branch

The three distinct and independent branches of the United States government are: a. The executive branch, the House of Representatives, and the U.S. Senate b. The federal judiciary, the house of representatives, and the U.S. Senate c. The federal judiciary, the Congress, the executive branch d. The state government, the federal government, and local government

defamation

The tort of _______ is a false communication, which injures a person's reputation and good name by disgracing him and diminishing the respect in which he is held. a. false light b. intrusion c. defamation d. disparagement

Will apply regardless of whether it is provided for in the contract unless the parties have specifically excluded it or certain circumstances exist

The warranty of title for the sale of goods found in the Code: a. may be excluded with the phrase "as is" b. will vest title under Article 2A c. may not be excluded or modified by the seller d. Will apply regardless of whether it is provided for in the contract unless the parties have specifically excluded it or certain circumstances exist

Negligence Per Se

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding", by prohibiting car owners from leaving the keys in their car if the car is unattended, is likely to be characterized as: a. negligence per se b. res ipsa loquitur c. contributory negligence d. assumption of risk

Equal Protection

What constitutional principle requires that similarly situated people be treated similarly by government? a. Free Speech b. Equal Protection c. Due Process d. Eminent Domain

The U.S. Constitution

What is the supreme law of the land in the United States? a. Federal Statutes b. Treaties c. Case law as developed through the U.S. Supreme Court d. The U.S. Constitution

The administrative process

What term refers to the entire set of activities in which an administrative agency engages? a. Rulemaking b. The administrative process c. Promulgating d. Enforcement

law, evidence

When a trial is conducted with a jury, the judge determines issues of _____ and the jury determines questions of _____. a. evidence, law b. law, evidence c. law, fact d. fact, law

the type of contract entered into, the seller's merchant or non-merchant status, applicability of other statutes

Whether an implied warranty arises out of the circumstances under which the parties enter into a contract may depend on: a. the type of contract entered into b. the seller's merchant or non-merchant status c. applicability of other statutes d. All of the above e. None of the above