Law for Business 2301

a. True

An employee who picks up inventory tools from his office with the intent to deprive the owners of the property is an example of larceny.

a. the contract is enforceable against the adult but not against the minor

An enforceable contract is made by an adult with a minor. Which of the following is most likely to hold true in this case?

d. a contract in which the terms have not been fully carried out by all parties.

An executory contract is defined as:

a. True

Any state supreme court of the U.S. can reverse a decision of a lower-court.

a. True

Appellate courts conduct courts of appeals and supreme courts.

b. False

Appellate courts conduct the original trial of cases.

b. False

Felonies refer to crimes that are usually punishable by just a fine.

c. rogue program

Set of software instructions that produce abnormal computer behavior.

b. pirated software

Software copied illegally.

b. False

Statutes are easier to amend than constitutions.

a. True

The UCC makes no distinction between contracts under seal and other written contracts for the sale of goods.

a. Bill of Rights

The _____ consists of ten amendments to the U.S. Constitution specifically designed to protect the civil rights and liberties of citizens and the states.

a. True

The act in which an official record of the proceeding is kept is called a court of record.

c. Jurisdicition

The authority of a court to hear a case is called:

a. True

The chief function of the court is to interpret and apply laws from any source to a given situation.

c. a decision taken by a court determines the fate of similar cases in other courts in the future.

The doctrine of stare decisis states that:

d. breach of contact

The failure of a party to perform the obligations assumed under a contract is known as a(n):

b. Appointed

The heads of federal administrative agencies are:

a. defendant

The individual against who a case is filed is called the:

b. False

To establish the offense of criminal copyright infringement, a prosecutor needs to prove that the infringement was done for non-financial gain.

b. False

To recover damages for an intentional tort, the plaintiff is required to prove that there was a breach of duty by the fotfeasor to the plaintiff.

d. the breach of the torfeasor's duty to the injured party.

To recover for a tort based on negligence, the plaintiff must show:

a. executed

Joan sells and delivers a dress to Dress Shop for $200. Dress Shop pays the price at the tie of the sale. This is an _____ contract.

d. Felony

Kenneth was sentenced to six years in prison for forger. In this case Kenneth has committed a(n):

b. Criminal Law

Law which deals with offense against society.

a. contract

Legally enforceable agreement.

b. strict liability

Manufacturer of product liable without proof of negligence for dangerous products.

b. voidable

May be set aside by one party.

b. bilateral

Most contracts are: _________

a. void

No legal effect.

c. Embezzlement

On investigation, it was found that Ken, the bookkeeper at CL corp, had stolen money from the company's account and recorded financial transactions inaccurately to cover up for his activities. For which of the following business crimes can Ken be prosecuted?

b. False

Only one party need to give an agreement in order for a contract to be enforceable.

b. False

Payments made to speed up the performance of routine governmental actions are treated as bribes by the FCPA.

c. Lawyers

Persons educated in the law are called:

d. Ethics

Principle that determines the morality of conduct.

b. False

Probate courts handle divorce and child custody cases.

a. True

RICO included civil sanctions as well as criminal ones.

a. True

RICO provides for the recovery of three times the damages suffered by an injured party as a result of its violation.

a. True

When a contract is required to be sealed, a substitute for an actual seal may be used.

a. True

When a state law and a municipal legislation conflict with each other, the state law will prevail.

c. it refers to two parties involved in a business relationship who bring in another party to become a part of the existing business.

Which of the following best defines the tort of interference of contract?

b. it refers to the obligations that people enter into before a court to do an act required by law

Which of the following best described the term "recognizance"?

d. automobile wrecks

Which of the following is most likely to be a tort based on negligence?

c. a quasi-contract

Which of the following is not a true contract and has been imposed by law in order to prevent on party benefiting unfairly at another's expense.

c. The jury is selected before an opening statement is made by the attorney.

Which of the following is true of a jury trail procedure?

c. The decision of the appellate court is binding on lower courts

Which of the following is true of appeals made to higher courts?

d. it prevents the unjust enrichment of a party

Which of the following is true of quasi-contracts?

d. They have jurisdiction limited by Congress.

Which of the following is true of special federal courts?

c. They are less general than constitutions.

Which of the following is true of statutes?

d. it prevents the infiltration of legitimate businesses by organized crime.

Which of the following is true of the Racketeer Influenced and Corrupt Organizations Act?

b. It has appellate jurisdiction in cases based on the U.S. Constitution

Which of the following is true of the U.S. Supreme Court?

d. Individual states have made changed to the UCC

Which of the following is true of the Uniform Commercial Code?

d. They conduct the original trial of a case

Which of the following is true of trial courts?

c. they can be made enforceable by making a few changes to them

Which of the following is true of unenforceable contracts?

d. Administrative agencies have the power to implement laws.

Which of the following statements is most likely to be true of administrative agencies?

b. Civil law deals with the enforcement or protection of private rights

Which of the following statements is true of civil law?

c. Cases in common law are decided on the basis of precedents.

Which of the following statements is true of common law?

a. They hear all criminal cases that involved a violation of federal law

Which of the following statements is true of federal district courts?

d. Juvenile

______ courts are concerned with delinquent children.

d. Procedural

______ laws are those that state how parties are to go forward with filing civil actions and how these actions are to be tried.

b. False

The written request that begins a civil suit is called a summons.

a. True

A chief officer is known as the judge in a state court of records as well as in a federal court.

a. True

A certificate of deposit is a negotiable instrument.

a. equity

A justice system based upon fairness is called:

a. an injunction

A permanent order that is issued by a court with equity powers forbidding activities that would be determined to others is known as:

d. tort

A private wrong for which damages may be recovered.

a. Answer

Admits or denies the facts alleged in the complaint.

b. False

All agreements are contracts.

b. False

All states of the U.S. have separate equity courts and common law courts.

b. False

An agreement between two parties to perform an illegal act is a quasi-contract.

a. Business Law

Class of laws concerned primarily with business transactions.

a. True

Codes of professional responsibility are legally enforceable.

b. bilateral contract

Contract consisting of mutual exchange of promises.

c. written contract

Contract with terms in writing.

b. oral contracct

Contract with terms spoken.

c. Restraining order

Court's temporary order forbidding an action.

a. the prohibition on doing business with the governement

Debarment refers to:

b. False

Each state has three distinct court systems.

a. True

For an act to be established as a tort of injurious falsehood, the false statements of fact must be communicated by the defendant to a third person.

b. executed contract

Fully performed.

c. Law

Government rule prescribing conduct and carrying a penalty.

a. disgorgement of profits

Having to pay back profits received illegally.

b. False

If a decision of an administrative agency conflicts with a statue enacted by a higher legislative body, the agency decision will prevail.

b. writ of certiorari

If granted, the U.S. Supreme Court will hear the appeal of a case is called:

b. malice

Ill will, spite or hostility.

a. the injured party cannot recover any damages because it is partially negligent in the case.

In a situation where an injured party in an accident is partly to blame for the accident, which of the following is most likely to be true under a contributory negligence system?

a. True

In some small claims court, there is no jury and a judge tries the case.

b. Magistrate

In the federal courts, the chief officer is called a:

a. True

In the legal system of the U.S. it is possible for the same law to have different consequences in different states.

d. simple

Informal contracts are also known as ______ contracts.

b. plaintiff

The injured party in a civil suit.

b. False

The law states that a unilateral contract can be formed when performance is started.

b. False

The legal system of the U.S. is based primarily on the French legal system.

a. True

The legal term for one party benefiting unfairly as the expense of another is unjust enrichment.

b. Venue

The location where a case is tried is called:

b. False

The most common type of relief that courts of equity provide is monetary damages.

a. True

The offering of money, entertainment, or anything of value constitutes a bribe.

b. a person makes false statements of fact that degrade the quality of another's goods or services.

The tort of injurious falsehood occurs when:

b. False

The tort of product liability is also known as trade libel.

a. True

Using a business computer to play games constitutes computer trespass.