Business Law Questions
"The right of the people to be secure in their persons, houses, papers,....is the:
Fourth amendment
Eminent domain is when:
Government takes private property for the benefit of other private parties
The part of the constitution that gives congress the authority to make laws to carry out powers granted to congress in the constitution is the:
Necessary and proper clause
Which is the correct order of stages for a typical lawsuit:
Pleadings, discovery, pretrial, trial, appeals
In situations when monetary damages are not practical or effective, the court may order a remedy in equity, these include:
Specific performance
The highest court in the United States is the:
Supreme court
Depositions, written interrogatories, orders for production of documents and requests for admissions are all examples of:
The tools of discovery
The screening process used to select jury members is called:
Voir dire
Property owners have:
A duty to inspect premises for dangers and correct the problem or warn invitees of the dangers
In an orderly society, law and the legal system to help:
All of the answers are part of the role of law
Which is generally recognized as the best (most correct) definition of law?
All of the other choices are correct; there is no one agreed upon best definition
State courts of limited or special jurisdiction include
all of the other choices are correct
The United States Constitution:
all of the other choices are correct
Which of the following can be a consequence of committing a crime
all of the other choices are correct
By the use of laws and the legal system, the government can:
all of the other choices are included
In addition. to judge-made common law, "law" includes:
all of the other choices are possible
In addition to judge-made common law, "law" includes:
all of the other choices can be correct
Which of the following would not be considered to be white collar crime:
all of the other choices would be white collar crimes
Bribes are:
all of the other specific choices
In general leases should include which of the following
all of the other specific choices are correct
Which of the following can be an example of tax evasion:
all of the other specific choices are correct
Which of the following is a right normally possessed by the holder of title property
all of the other specific choices are correct
tenants may not:
all of the other specific choices are correct
The defendant's reply to the complaint, in which the defendant admits or denies the allegations, is known as:
an answer
The U.S. Supreme Court is primarily
an appellate review court
The initial court appearance for a person accused of a crime during which the government attorney presents the criminal charges is called:
an arraignment
A business can become involved in tort action in all of the following ways EXCEPT
an employee commits a felony unrelated to his place of employment
Leased property is assumed at law to have:
an implied warranty of habitability
When a court orders someone not to do something, this is known as:
an injunction
A white collar crime means:
any number of crimes committed by person of respectability in their occupation
Both state and federal court systems have courts of ____, where the decisions of a lower court case can be taken for review
appellate jurisdiction
A means of settling disputes, under which parties submit the matter to a neutral third party of their choosing to resolve the dispute by issuing a binding decisions is called:
arbitration
The most widely recognized form of alternative dispute resolution process is:
arbitration
warrantless searches
are allowed for closely regulated businesses
Waivers of liability or exculpatory clauses:
are allowed in many instances if clear to the party signing one
State constitutions
are the highest form of law within each state
Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:
assault
Defenses to a negligent act include:
assumption of the risk
In a tort of negligence, causation is:
a basic element linking one party's act and another's injury
A tort is:
a breach of a duty owed to another that causes harm
If there has been a lot of publicity surrounding a car, the defendant may request:
a change in venue
Along with a summons, the plaintiff serves the defendant with:
a copy of the complaint
Linda buys a house in Grover square. Her deed contains the following: " no homeowner in Grove square shall erect a fence of any sort around his or her property." this clause is:
a covenant
A case is:
a dispute between two or more parties that is resolved through the legal process
The purchase of property by two or more persons who have the same interest in the undivided possession of the property and has a right of survivorship is
a joint tenancy
Statutory law is:
a law enacted by a legislative body
a misdemeanor is
a less serious offense than a felony
A warranty is
a manufacturer's assurance that a product will meet certain quality and performance standards
As discussed in the chapter, which would be the best definition of crime
a positive or negative act that is an offense against a state or federal government
An easement is
a right to enter land owned by another and make certain use of it
The ownership of property by two or more persons who have an undivided interest in the property but has no right of survivorship is
a tenancy in common
When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as:
a tort against property
If Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done at the time the robbery took place then she is using a(n):
alibi
In an orderly society, law and the legal system help to:
all of the answers are part of the role of law
Which of the following is a part of the rules that govern behavior in most nations:
all of the choices are part of the rules
The first amendment provides protection for which of the following kinds of speech
all of the other choices
Zoning laws are typically used to:
all of the other choices
Failure by the trial judge to admit or exclude certain evidence, improper instructions being given to the jury, and the granting or denying of motions to dismiss the case are all:
bases for appeal
Intentional physical contact without consent may constitute:
battery
For a person to be found guilty under a criminal statute, the jury must find the evidence presented demonstrates:
beyond a reasonable doubt that the person committed the crime
In a criminal trial, to be found guilty, the standard is guilt:
beyond a reasonable doubt.
Title insurance
binds the title company to insure that the title is as declared in the conveyance from the grantor to the grantee
Under the common law, judges usually decide cases based on
decisions from previous cases
Under the common law, judges usually decide cases based on:
decisions from previous cases
The party who is due in a law suit is the:
defendant
The party who is sued in a lawsuit is the
defendant
Fraud, misrepresentation, fraudulent misrepresentation and deceit are all examples of torts caused by:
deliberate deception
The law is ____ ethics, integrity, and morality
distinct form
Reckless or outrageous conduct that creates severe mental torment may be the tort of:
emotional distress
A____ is "an interest in land which is or may become possessor and is ownership measure in terms of duration."
estate
The U.S. Constitution created these branches of federal government
executive, legislative, and judicial
The intentional detention of a person may be the tort of:
false imprisonment
The most common form of real property ownership is:
fee simple
If a criminal offense is punishable by imprisonment for more than a year, it is probably a:
felony
a serious crime is a:
felony
For a person's negligent conduct to be legally linked to its consequences, the chain of events connecting the two must be:
foreseeable
A trust is:
form of property ownership created by the common law that separates the legal and beneficial ownership of property
Which of the following is an example of personal property
furniture
the commerce clause of the U.S constitution
gives Congress power to regulate business
Ethics, in the context of business practitioners:
has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization
Assume that Karen walks up to you and sips you in the face. You slap her back. She sues you for battery. In this case, you:
have a defense of self-defense
When a person deals in a security when in possession of non-public information, and they have an obligation not to reveal or use the information it is:
insider trading
The tort of assault is:
intentional conduct directed at a person that places the person in fear of immediate bodily harm
one well-known business tort is:
intentional interference with contractual relations
When false information is intentionally presented as fact there may be a tort of:
intentional misrepresentation
The use of a person's name or picture without permission is an example of the tort of:
invasion of privacy
The tort of emotional distress:
involves conduct that is so outrageous that it creates severe mental or emotional distress in another person.
A misdemeanor generally
is a crime punishable by less than a year in prison
The decision of an arbitrator:
is binding on the parties as if it were a court decision
Real property differs from personal property in that real property
is immovable while personal property is moveable
In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property:
is safe for public admission
Precedent is when:
judges use decisions from earlier cases for guidance in legal principals to solve cases
The party bringing a lawsuit must choose a court with:
jurisdiction over the defendant
The term "common law" refers to:
law made and applied by judges
The___ is primarily concerned with harms suffered by buyers and other parsons who use defective products
law of product liability
The term common law refers to
law passed by a state's legislature
With respect to the relation between morality and legality
legality does not always imply morality
The tort of printed or written defamatory communication is:
libel
Federal judges are appointed for:
life
If one has the right to occupy a piece of property until their death, at which point title to the property passes to heirs who have been named by the owner of the property, there is a:
life estate
Integrity means:
living by a moral code and standards of ethics
Rules governing such matters as building regulations and zoning are called:
local ordinances
Federal crimes, bankruptcy, patents, and copyrights are all examples of:
matters over which federal courts have exclusive jurisdiction
Divorce, adoption, and other matters controlled by the state government are examples of:
matters over which state courts have exclusive jurisdiction
a felony is generally defined as a crime that:
may be punished by more than a year in prison
State regulations
may not contradict or reduce the standards imposed by federal law
For a criminal conviction, it must be shown that the accused was found to have:
mens rea
Compensatory, punitive and nominal are all categories of:
monetary damage awards
first degree murder is:
more serious than second degree murder
In a intentional misrepresentation suit, the facts alleged to be presented falsely:
must be material
Criminal acts:
need not be planned
If Andy discovers a defect in the product his company manufactures after the product has already been sold and does not disclose it and Kathleen is injured while using the product she can sue him for:
negligence
Liability based on ___ may be imposed on a manufacturer if a casual connection can be established between the failure of the manufacturer to exercise reasonable care and an injury suffered by a consumer
negligence
The tort that protects individuals from harm based on careless and unintentional conduct is called
negligence
the tort that protects individuals from harm based on careless and unintentional conduct is called:
negligence
Negligence is:
choices a and b
Which of the following concerns legal wrongs committed against the government
criminal law
What is defined as a degree of careless amounting to a culpable disregard of rights and safety of others:
criminal negligence
In addition to its restriction on "cruel and unusual punishments," the eight amendment of the U.S constitution holds that:
no excessive fines may be imposed
A clear title means that
no other person can claim valid ownership of the property
When damages are awarded for a violation that involves no actual damages to a person or property, the damages are called:
nominal damages
Civil law is:
non-criminal law concerning the rights and duties that exist among individuals to each other, or to the state
A misdemeanor is:
none of the other choices
When a person is accused of a crime by the police makes...the court appearance is called:
none of the other choices
embezzlement is when
none of the other choices are corned
If there has been a lot of publicity surrounding a case, the defendant may request:
none of the other choices are correct
The doctrine of judicial immunity means judges may:
not be sued for damages that result from their judicial acts
your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. you are most likely to win a suit for the tort of:
nuisance
The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person merits is:
ordinary care or due care
the reasonable person standard compares the actions of the wrongdoers/tortfeasor with those of a hypothetical person known as the reasonable person. The standard of care that the law presumes the reasonable person meets is:
ordinary care or due care
the discovery state in the trial process is intended for the:
parties to obtain information about the facts before the trial starts
Service of process is usually achieved by:
personal service
The party who files a law suit is the:
plaintiff
If a person is charged with a crime, rather than going through trial, there is often an agreement reached by the defendant and prosecutor that is called:
plea bargain
When judges use decisions from earlier legal cases for guidance in legal principles to solve current cases it is referred to as:
precedent
Criminal law is:
primarily made up of statutes passed by Congress and state legislatures
____ sets forth rules governing the legal relationships among members of society and is enforced mostly through the state court systems
private law
On a hot day, you see a baby left in a car while the parents are not to be seen.... your defense will likely be:
privilege
The major defense(s) in assault and battery cases is (are):
privilege and consent
One concept behind the tort of invasion of privacy is to:
protect individual rights to solitude and freedom from unwarranted public exposure
To avoid being sued for failure to warn manufacturers must:
provide adequate warning labels and instructions on products
A major purpose of tort law is to:
provide compensation for injured parties by wrongdoers
______ is the law that concerns the legal relationship between members of society and the government
public law
Which of the following would be least likely to be an invasion of privacy:
publication of information about a person tased from public records
Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:
punitive damages
The goal of mediation is to:
reach a mutually acceptable agreement
the fifth amendment protects individuals against
self-incrimination
The fifth amendment protects individuals against:
self-incrimination by testifying against oneself
Unlike federal judges, most state judges:
serve for a fixed term
Private law:
sets forth rules governing the legal relationships among members of society
The tort involving spoken defamatory communication is:
slander
Embezzlement is when
someone is in a position of trust with money and they take it for their use
A long-arm statute is a:
state law that permits its courts to reach beyond state lines for jurisdiction over non-residents defendants
If congress imposes a regulation on business that is constitutional
states may not enact similar laws that burden interstate commerce
If a crime is not prosecuted within the time set by the ____, then the state loses the right to bring suit:
statute of limitations
Laws that define and establish legal rights and regulate behavior are referred to as:
substantive laws
Depositions are
sworn, in-person testimony of a witness recorded by a court reporter
Federal regulation _________ state regulation
takes precedence over
Failing to file tax returns, failing to report all income and overstating expenses are examples of:
tax evasion
Based on the fourth amendment, the exclusionary rule allows evidence:
that is improperly gathered to be excluded from trial
The first ten amendments of the U.S constitution are called:
the Bill of rights
The most important part of the constitution with respect to businesses is:
the commerce clause
The part of the constitution that probably has the largest impact on business is known as:
the commerce clause
The first pleading is commonly called:
the complaint
To have a case in tort, the injury sustained by a person must be:
the consequence of the wrongdoing of another
Counterfeiting is:
the copying of a genuine item without authorization, especially when passed off as the original item.
In an affirmative defense:
the defendant admits to the facts claimed by the plaintiff, but offers additional facts
Key elements of the tort of intentional interference with contractual relations is
the defendant knew about a contract between the injured party and another party
One element of fraud or intentional misrepresentation is sciences. That means:
the defendant knew there was false information being passed on
William, a sports reporter, finds out some embarrassing facts about a star soccer player hidden in a public record and publishes them. William is probably safe from an invasion of privacy suit because:
the information was in a public record
In a case of intentional interference with contractual relations the claim is:
the injured business's contractual relations were wrongfully interfered with by another party
A man was injured while riding a mechanical bull... you would expect the court held that:
the man assumed the dangers voluntarily so could not sue for the injuries he suffered
The party claiming to have suffered an injury that the law can remedy is:
the plaintiff
With respect to a court, jurisdiction means:
the power to speak the law
The U.S constitution is composed of:
the preamble and seven articles
If someone is sued in a civil suit, such as in tort for hitting someone in the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:
the preponderance of the evidence
If someone is sued in a civil suit, such as in tort for hitting someone on the head with a stick, to find the wrongdoer liable, the jury must find that the injured party was favored by:
the preponderance of the evidence
A deed is
the primary way to transfer ownership interests (title) in property
Proper venue refers to:
the proper place where a lawsuit is heard
Ordinary care or due care is a standard of care that the law presumes:
the reasonable person meets
Miranda rights for those arrested and accused of or suspected of a crime do not include:
the right to be released
The term res ipsa loquitur means:
the thing speaks for itself
An unauthorized intrusion by a person or a thing on land belonging to another is
the tort of trespass to land
The doctrine of Stare decisis can be defined as:
the use of prior case decisions as guidance in resolving later disputes
Which is not a necessary element of negligence?
the wrongdoer's actions were motivated by malice
which is not a necessary element of negligence?
the wrongdoer's actions were motivated by malice
Entertainers, politicians and sports personalities differ from average individuals in that:
their right to privacy is largely waived once they become a public figure
In the American court system:
there is a federal system and a similar system of trial and appeals courts in each state
If the plaintiff in a fraud case was aware that the key information was false, but went ahead with the deal anyway, then:
there is no fraud
If a third party observes a fraud
they cannot sue
Invasion of privacy, defamation, and trespass are examples of civil law under the category of:
tort law
____ is often used to protect interests in property
tort law
In both federal and state systems, the courts of original jurisdiction are:
trial courts
In both the federal and state systems, the courts of original jurisdiction are:
trial courts
The person who can make all the decisions with respect to a property in a trust is known as the
trustee
The most common defense to a claim of defamation is:
truth
Which of the following conditions must be met in order for someone to claim land by adverse possession?
uses the land in a visible manner
A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title as a
warranty deed
which of the following is an example of a white-collar crime:
all of the other specific choices are correct.
The assumption of risk defense requires that:
all of the specific choices
A business can become involved in a tort action
all of the specific other choices
In a civil trial the parties must prove their contentions:
by a preponderance of the evidence
Criminal law:
concerns legal wrongs or crimes committed against the state
Public law:
concerns the legal relationship between members of society and the government
If either state courts or federal courts have the power to hear a dispute this is known as:
concurrent jurisdiction
Most federal judges must be both appointed by the President and:
confirmed by the Senate
Morality concerns:
conformity to rules of correct conduct within the context of a society, religion, or other institution
Under the exclusionary rule:
improperly gathered evidence may not be used in trial
Negligence torts differ from intentional torts in that:
in negligence the harmful results of a person's conduct are not intentional
The doctrine that projects judges from suits for damages for judicial acts is called:
the doctrine of judicial immunity
Among the rights and duties of a landlord are:
the duty to make essential repairs
Strict liability under contract law for injuries caused by defective products is based on:
the existence of a warranty
If John shoots Bill when he sees him stealing a packet of gum from John's convenient store, John will not be able to use defense of property as a defense because:
the force was not reasonable under the circumstances
eminent domain means
the government may force the sale of private property
Negligence torts are based on the idea that
we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others
intentional torts are based on:
willful misconduct
In response to declining public image and to internal problems, most corporations now have:
written code of ethics
