Business law test

grimes is suing winkler for damages brought about when winkler breached a contract with grimes...

Grimes v. Winkler

a person bringing a lawsuit for negligence must prove

a persons act or failure to act was the proximate cause of the victims loss

remedies available in civil action include all of the following except

a prison term

law in the united states is derived primarily from

all of these

to be classified as a tort, a wrongful act

all of these

A federal court has limited jurisdiction in a

bankruptcy case

Most state court systems include all of the following except

bankruptcy courts

the number of jurors selected for a particular trial will

be affected by both whether the trial is criminal or civil and by the particular state where...

the procedure that comes next after an arrest is made by a police officer and the arrested person is taken into the police station

booking

the uniform commercial code governs

business transactions

the 13 intermediate courts of appeal are called

circuit courts

damages awarded as actual measurable damages suffered are called

compensatory damages

the defenses to intentional torts are

consent, privilege, necessity, and truth

laws that are enacted by legislative bodies forbidding conduct that is considered harmful to society and that is subject to punishment are referred to as

criminal law

an illustration of common law is

decisions of federal and state courts

which representative of the government prosecutes a person accused of committing a crime

district attorney

joels, bank vice president regularly took money for his own use from customer accounts and made false entries in the bank records. Joels committed the crime of

embezzlement

Business ethics is the inquiry into the moral judgement people make in deciding what is right or good for their daily lives

false

In most states the doctrine of comparative negligence has been replaced by the doctrine of contributory negligence

false

a grand jury determines the guilt or the innocence of a person

false

a misdemeanor is the most serious offense against the state

false

a tort is a public wrong

false

a trial court has the power to hear an appeal of a decision of a lower court

false

an indictment occurs when a person is brought before the court, notified of the charges, and asked for a plea to those charges

false

blackmail is another name for the crime of embezzlement

false

both the us district courts and the us courts of appeal have jurisdiction to review decisions of the highest state court...

false

cramer took his birth certificate, changed the date of his birth, and then used the certificate to get a passport...

false

dna evidence found at a crime scene conclusively establishes guilt

false

english common law is the basis for much of the law in europe today

false

laws passed by local governments are called acts

false

the us supreme court was established by an act of congress

false

what are the grounds for trying a case in a federal court?

federal issues and diversity of citizenship

changing the amount of a check is

forgery

The amendment to the US constitution that protects the individuals right to privacy by prohibiting unreasonable...

fourth amendment

a court that has the power to hear almost any case brought before it has

general jurisdiction

under the law torts are classified as

intentional, negligent, and strict liability

Jarrod told her friends that her doctor had once been successfully sued for malpractice. Although the statement was true, the doctor was able to sue Jarrod in tort for

invasion of privacy

shoplifting is considered to be a form of

larceny

a small claims court is an example of a

local court

a trot resulting from carelessness is

malpractice

the relief granted in civil action is

money damages

A felony is

more serious than a violation, infraction, or petty offense

the terms "forseeability" and "proximate cause" are associated with the tort of

negligence

A specialized federal court is

none of these

A petty offense is

not considered to be a criminal act

a city council passed a local law restricting the use of water for car washing and lawn watering during a very dry season. this is considered an

ordinance

by orally repeating a rumor that he knew to be false, Ralston caused injury to Hicks reputation. Ralston was guilty of

slander

of the following acts the one that is not a crime is

slander

the practice of following precedents in deciding later cases is known as

stare decisis

of the following the crime that would probably be considered a misdemeanor is

stealing a pack of diet soda

of the following actions, the best example of larceny is

stealing an automobile

the only court actually provided for by name in the us constitution is

the U.S. supreme court

certain acts have been declared crimes by

the u.s. congress and state legislature

Raleigh, aged 10, punctured the tires on his neighbors car. This is considered

trespass

The supreme court decision in new york times co vs. sullivan made it more...

true

The test of negligence is failure to do what a reasonable person under the same or similar circumstances would do...

true

administrative regulations have the same force and effect as statutes and court decisions

true

all crimes that are not punishable by death or imprisonment in a state penitentiary are misdemeanors

true

any law, whether enacted by congress or by a state legislature, may be declared invalid if it conflicts with the constitution of the united states.

true

at least 4 out of 9 justices must agree to hear an appeal from a state or federal court...

true

damages resulting from cyber torts are primarily reputational or economic

true

defamation can either be slander or libel

true

law actually refers to the duties imposed upon people requiring them to act in a certain manner

true

one purpose of rico was to prevent organized crime from infiltrating legitimate businesses

true

strict liability is based upon the concept of liability without fault

true

the constitution of a state is the primary legal authority for that state

true

the environmental protection agency is an example of a federal administrative agency

true

the person committing a tort is subject to a civil lawsuit

true

the supreme court case of marbury vs madison established the basis for the concept of judicial review

true

the trial courts in the federal court system are called

us district courts

In which of the following situations does battery occur

Williams is deliberately tripped and seriously injured by an unfriendly movie patron trying to get ahead

damages that are awarded by the court to an injured party in excess of the actual damages suffered for the other parties deliberate wrongful act are called

punitive damages

In cases involving violence or serious property offenses, if the accused is a juvenile the police generally

refer the juvenile to either a juvenile court or an adult court

the difference between larceny and robbery is

robbery involves the use of force but larceny does not

the concept of judicial review was established by

the judicial branch of government