Legal Environment of Business

comparative negligence

A rule in tort law, used in the majority of states, that reduces the plaintiff's recovery in proportion to the plaintiff's degree of fault, rather than barring recovery completely.

Fraudulent Misrepresentation

A situation in which a blameless party is convinced to enter into a contract via deception

Recission

A situation in which a contract is cancelled

restitution

A situation in which a party tries to remedy a wrong by returning property or funds that were promised

duress

A situation in which one party enters into a contract, because they feel threatened

Undue Influence

A situation in which one party in a contract has so much influence that they dominate the other

Which of the following is/are considered examples of metadata? Select all that apply. A. file size data B. creation date for a document C. date and time information of a photo D. a briefcase full of money E. video footage from a crime scene

A, B, C, & E

The Age Discrimination in Employment Act protects individuals aged ___ and over from being unlawfully passed over in favor of younger workers. A. 40 B. 50 C. 30 D. 65

A. 40

According to the Workers Adjustment and Retraining Notification Act, workers at a firm that employs fifty or more full-time workers must give ___ days of notice before closing the firm. A. 60 B. 100 C. 50 D. none

A. 60

Criminal law focuses on rights and duties that exist between persons.​ A. False B. True

A. False

Implied authority is authority declared in clear, direct, definite terms.​ A. False B. True

A. False

State courts are superior to federal courts.​ A. False B. True

A. False

The executive officers represent the ultimate authority in every corporation.​ A. False B. True

A. False

The risk of loss in a shipment contract passes to the buyer when the goods are delivered to the buyer at the specified destination.​ A. False B. True

A. False

When both parties to a contract are mistaken about the same material fact, the contract cannot be rescinded.​ A. False B. True

A. False

This type of work visa allows an individual with a specialty occupation to stay in the U.S. for 3 to 6 years, working for their employer. A. H-1B Visa B. O Visa C. L Visa D. H-2 Visa

A. H-1B Visa

This type of work visa allows an individual to work in the U.S. for an agricultural season. A. H-2 Visa B. L Visa C. H-1B Visa D. O Visa

A. H-2 Visa

Which of the following agencies is in charge of investigating immigration compliance issues? A. Immigration and Customs Enforcement B. Congress C. Federal Reserve C. Interactions and Customary Enforcement

A. Immigration and Customs Enforcement

This type of work visa allows the (foreign) managers of a company to work inside the U.S. A. L Visa B. H-2 Visa C. H-1B Visa D. O Visa

A. L Visa

A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.​ A. True B. False

A. True

A lessor is a party who transfers the right to the possession and use of goods under a lease.​ A. True B. False

A. True

A partner who commits a tort can be required to reimburse the partnership for any damages paid. A. True B. False

A. True

An employee who discloses information relating to fraud perpetrated by his or her employer against the government is protected from retaliatory discharge under federal and state statutes.​ A. True B. False

A. True

An offer that was revoked is an offer that was withdrawn. This can be done by the offeror or offeree. A. True B. False

A. True

Before a trial, the plaintiff can file a motion to dismiss.​ A. True B. False

A. True

False imprisonment occurs when a person restrains another intentionally and without justification.​ A. True B. False

A. True

In ethical terms, a cost-benefit analysis is an assessment of the negative and positive effects of alternative actions on individuals.​ A. True B. False

A. True

Individuals often choose to open sole proprietorships due to the benefits of flexibility in decision-making and tax structure. A. True B. False

A. True

Sexual harassment occurs when sexual favors are demanded in return for job opportunities. A. True B. False

A. True

Suppliers are generally required to expect reasonably foreseeable misuses of their products.​ A. True B. False

A. True

The element of intent is of prime importance in determining whether a contract has been formed.​ A. True B. False

A. True

To be liable for product liability, a seller must normally be engaged in the business of selling the product that causes harm by its use.​ A. True B. False

A. True

Trials courts conduct trials.​ A. True B. False

A. True

Vicarious liability is indirect liability.​ A. True B. False

A. True

Molly was involved in a car accident with Marco. Marco was determined to be a fault. Molly's medical bills as a result of the accident amounted to $3,478. If Marco is ordered to pay for Molly's medical bills, what type of damages are being described? A. compensatory damages B. punitive damages

A. compensatory damages

Metal Fabrication Inc. expends funds and takes steps to ensure that all employees are safe on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. Metal's owners and management appear to believe in the concept of A. corporate social responsibility. B. the moral minimum. C. utilitarianism.

A. corporate social responsibility.

If reasonable grounds exist, which of the following terms is used to describe a seller's right to repair a nonconforming good? A. cure B. fraud C. tender D. fix it

A. cure

This classification of law is concerned with laws related to actions conducted online. A. cyberlaw B. technolaw C. civil law D. criminal law

A. cyberlaw

Under a ___ contract, the title passes to the buyer when goods are delivered. A. destination B. insurable C. shipment D. UPS

A. destination

An agency relationship in which the employer does not exercise much control over the details of the agent's work is most likely to be an ___. A. employer - independent contractor relationship B. employer - employee relationship

A. employer - independent contractor relationship

City Slick, Inc., makes cosmetics. City Slick intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Dora buys a City Slick product and suffers an injury. City Slick is most likely liable for A. fraud. B. product misuse. C. puffery.

A. fraud.

Which of the following items is not considered part of the "triple bottom line" according to our textbook? A. impact on history B. impact on profits C. impact on planet D. impact on people

A. impact on history

In a limited partnership, the main difference between general partners and limited partners is ___. A. management responsibility B. pay scale C. typical certification D. average age

A. management responsibility

Corporate shareholder meetings must occur at minimum ___. A. once per year B. weekly C. every other year D. quarterly E. twice per year

A. once per year

Sour Dough Inc. and The Bread Company agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may A. order a party to submit to arbitration. B. order a party to bring the dispute to court. C. order an arbitrator to rule in a particular way.

A. order a party to submit to arbitration.

A ____brings a lawsuit against a ____, seeking ____, but must do so within the ____. A. plaintiff, defendant, damages, statue of limitations B. plaintiff, petitioner, damages, statue of limitations C. plaintiff, defendant, retribution, statue of limitations D. defendant, plaintiff, damages, statue of limitations

A. plaintiff, defendant, damages, statue of limitations

According to the Sarbanes-Oxley Act of 2002, publicly-traded companies are required to ____. A. set up systems to allow confidential reporting of illegal accounting practices B. set up systems to allow public reporting of legal accounting practices C. set up systems to allow public reporting of illegal accounting practices D. set up systems to allow confidential reporting of legal accounting practices

A. set up systems to allow confidential reporting of illegal accounting practices

Jurisdiction over subject matter. Which of the following is NOT an example of a court of limited jurisdiction? A. state trial court B. small claims court C. probate court D. bankruptcy court E. traffic court

A. state trial court

A good is an item that is described as ____. A. tangible and movable B. targetable and movable C. heavy but movable D. tangible and stable

A. tangible and movable

Under the Fair Labor Standards Act, individuals ages 14 and 15 are allowed to work, but ___. A. they may not work in hazardous occupations. B. they may not receive tips. C. they have no restrictions on hours per week they can work. D. they may not be paid more than minimum wage.

A. they may not work in hazardous occupations.

Ruth owns Skyview, a complex under construction that will include commercial and residential suites, and a parking garage. She allows Town Contracting, the contractor, to complete a stage of the project late. This waives Ruth's right to sue for​ ​ A. this delay. ​B. any subsequent breaches. ​C. none of the choices. ​D. any past breaches.

A. this delay.

Common law is the body of law developed from custom or judicial decisions in ______ and ______ courts that is not attributable to a legislature. A. German, U.S. B. English, U.S. C. Spanish, U.S.

B. English, U.S.

The EEOC monitors employment discrimination and protected class issues that arise in the workplace. What does the term EEOC stand for? A. Equal Opportunities for Everyone B. Equal Employment Opportunity Commission C. Equal Employment Opportunity Corporation D. Equal Opportunity Employment Commission

B. Equal Employment Opportunity Commission

Which of the following is not an equitable maxim? A. Whoever seeks equity must do equity. B. Equity regards form rather than substance. C. Equity aids the vigilant, not those who rest on their rights. D. Where there is equal equity, the law must prevail.

B. Equity regards form rather than substance.

A corporate shareholder has the right to directly manage daily affairs of the corporation. A. True B. False

B. False

An implied warranty is based upon the seller's oral or written promise about the the quality, description, or performance of goods. A. True B. False

B. False

Distribution is also known as the "death" of a partnership. A. True B. False

B. False

In a limited liability partnership, one of the employees committed a crime (wrongful act). The partner who was in charge of overseeing this employee is not liable. A. True B. False

B. False

One advantage to forming an LLC is that businesses will receive the same treatment in all states in which they operate. A. True B. False

B. False

One characteristic of an abnormally dangerous activity is that it involves a low risk of serious harm.​ A. True B. False

B. False

True or False. There is a 15 year statue of limitations for bringing a lawsuit in a case of discrimination based on military status. A. True B. False

B. False

True or False. Title VII of the Civil Rights Act requires affirmative action. A. True B. False

B. False

Unequivocal acceptance describes a circumstance in which new conditions can be added to a contract. A. True B. False

B. False

When a sole proprietorship incurs losses, the owner of the business assumes no personal liability for losses. A. True B. False

B. False

When encouraging ethical behavior in a business, it is not important that top management practice good ethics. A. True B. False

B. False

The FCPA prohibits U.S. businesspersons from bribing foreign officials in contract creation. What does the FCPA stand for? A. Foreign Corrupt Public Accountants B. Foreign Corrupt Practices Act C. Foreign Correct Practices Act D. Foreign Certified Public Accountants

B. Foreign Corrupt Practices Act

This act was very instrumental in legalizing the organization of employees (unionization). It protects the right to peaceful strikes. A. Immigration Reform and Control Act B. Norris-LaGuardia Act C. Nelson Act D. Show Me Your Papers Act

B. Norris-LaGuardia Act

Which of the following is a requirement for strict liability? A. Goods are not in the same condition. B. Plaintiff must be physically harmed. C. Product does not have to be in defective condition when sold. D. Plaintiff is in the business of selling the product.

B. Plaintiff must be physically harmed.

"This clause prevents states from establishing laws and regulations that would interfere with trade and commerce among the states." The above definition describes which of the following clauses? A. The Supremacy Clause B. The Commerce Clause C. The Preemption Clause D. The Trade Clause

B. The Commerce Clause

Which of the following may be a legitimate defense for trespassing on land? A. The trespasser saw a large buck on the land and wants to harvest (shoot) it. B. The trespasser is assisting someone who is in danger. C. The trespasser sees some copper wire not being used and decides to take it and try to sell it. D. The trespasser sees an excellently shaped Christmas tree and wants to cut it down for his/her family.

B. The trespasser is assisting someone who is in danger.

A contract is an agreement that can be enforced in court.​ A. False B. True

B. True

A contract will be discharged if unforeseeable circumstances (such as the death of one of the parties) make it impossible to attain the contract's purpose.​ A. False B. True

B. True

A judge will generally follow stare decisis in the common law system unless there is a strong reason to depart from a precedent. A. False B. True

B. True

After a contract is made, a supervening event (such as a natural disaster) may make performance impossible and discharge the contract.​ A. False B. True

B. True

Express powers of a corporation can be found in state corporation statutes, as well as other documents. A. False B. True

B. True

Following leave under the Family and Medical Leave Act, most employees must be restored to their original or a comparable position. A. False B. True

B. True

If people merely comply with the law, they are acting at the lowest ethical level society will tolerate.​ A. False B. True

B. True

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.​ A. False B. True

B. True

Most state trial court decisions are not published.​ A. False B. True

B. True

Public companies are required to set up confidential systems so that employees can "raise red flags" about suspected illegal or unethical accounting practices. A. False B. True

B. True

The role of the courts is to interpret and apply the laws.​ A. False B. True

B. True

To be characterized as a "good" under the UCC, an item of property must be movable and tangible. A. False B. True

B. True

To succeed in a product liability suit, an injured plaintiff must show that a product's defect was the proximate cause of the injury.​ A. False B. True

B. True

Unless the parties agree otherwise, the buyer or lessee has an absolute right to inspect the goods before making payment.​ A. False B. True

B. True

When the principal-agent relationship is contractual, the agent may have a right to specific performance.​ A. False B. True

B. True

Which of the following is not included in the verdict? A. the jury's findings B. appeals options C. monetary damages (or prison time)

B. appeals options

A new computer software company has just started advertising its products. In its TV ads, it uses a mouse with rounded black ears, a light-colored face, red overalls, and yellow shoes, named "Mick." This company is most likely engaging in ____, as it has not received permission to use this popular character as its own. A. libel B. appropriation C. trespassing D. battery

B. appropriation

Which of the following would not be considered a reason for termination of an agency by act of parties? A. purpose of the contract is achieved B. bankruptcy C. mutual agreement is reached D. lapse of time

B. bankruptcy

Which of the following correctly identifies types of franchises? A. chain-style business operations, distributorship, marketing arrangements B. chain-style business operations, distributorship, manufacturing arrangements C. corporation-style business operations, contributorship, manufacturing arrangements D. chain-style business operations, contributorship, manufacturing arrangements

B. chain-style business operations, distributorship, manufacturing arrangements

___ is the legal branch that enforces private rights between two parties. A. federal law. B. civil law. C. constitutional law.

B. civil law.

An opinion is the court's reason for its decision, the rules of laws that apply, and the judgment. What is the main difference between a majority opinion and a concurring opinion? A. the identity of the judges who wrote the opinion B. disagreement in legal reasoning behind the opinion C. the origin of the judges who wrote the opinion D. the percentage of judges that agree on the opinion

B. disagreement in legal reasoning behind the opinion

Mena, a female, and Neil, a male, are employees of Operational Processes Corporation. Mena regularly e-mails sexually explicit images to Neal via Operational's network. Neil finds this offensive. This is ​A. same-gender harassment. ​B. hostile-environment harassment. ​C. not harassment or any form of discrimination. ​D. quid pro quo harassment.

B. hostile-environment harassment.

If an employer becomes aware that online harassment is occurring in the workplace, what would the most appropriate first step be to avoid liability? A. contact the EEOC immediately B. initiate prompt remedial action C. shutdown the firm D. fire any employee that was involved in sharing the online harassment-related content

B. initiate prompt remedial action

The main role of the U.S. court system (the judiciary) is to ____. A. create new laws and compose opinions B. interpret and apply laws C. put people in jail and write reports D. collect taxes

B. interpret and apply laws

Venue refers to the most appropriate ____ for a trial. A. scale B. location C. sequence D. judge

B. location

Corporate social responsibility (CSR) can lead to all of the following except ___. A. increased community goodwill B. lower short-run costs C. increased employee retention D. higher sales

B. lower short-run costs

Which of the following is NOT a defense to employment discrimination? A. bona fide occupational qualification B. majority systems C. after-acquired evidence D. seniority systems

B. majority systems

A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is A. the "danger invites rescue" doctrine. B. negligence. C. a Good Samaritan statute.

B. negligence.

Defamation involves wrongfully hurting a person's good reputation. Slander describes ___ defamation, while libel describes ___ defamation. A. oral, spoken B. oral, print C. print, media D. print, spoken

B. oral, print

Consider the "Sliding Scale" Standard with regards to jurisdiction in cyberspace (online). Which of the following type of business contact would indicate LACK of jurisdiction? (check out Page 31 of the textbook if you need help.) A. substantial business conducted online B. passive online advertising C. some interactivity via a website

B. passive online advertising

Which of the following sets of terms are not synonyms? A. defendant/respondent B. plaintiff/respondent C. judge/justice D. appellee/respondent

B. plaintiff/respondent

Which of the following is not an example of an act that qualifies as invasion of privacy? A. publishing information that paints a person in false light B. private disclosure of public facts C. intrusion on an individual's seclusion D. appropriation

B. private disclosure of public facts

If a new business with one owner start up and does not declare another form of business, by law, it is automatically considered a ___. A. false business B. sole proprietorship C. limited liability corporation D. partnership

B. sole proprietorship

A citizen of Arkansas is challenging a citizen of Arkansas over a contract dispute regarding a project in Fort Smith, Arkansas. Which of the following courts will most likely hear the case based on this limited information? A. no court will hear this case B. state court in Arkansas C. state court in Missouri D. federal court

B. state court in Arkansas

Which of the following is not a reasonable defense to product liability? A. product misuse B. unknowledgeable user C. commonly known danger D. statute of limitations

B. unknowledgeable user

Laura owns a popular cafe downtown. She rents an older building that has some age-related issues (things need fixed, replaced, etc.). She has a leaky air conditioning unit that is supposed to get checked out by the repairman next week. Unfortunately, a customer slips in the puddle beneath the air conditioning unit, falls, and breaks her arm. According to the concept of unintentional torts related to negligence, which of the following is most likely to happen? A. Laura should have no fear of being at fault, because she already had the repairman scheduled to come out. B. Laura won't be at fault, because the customer was on her cellphone and not paying attention to where she was stepping. C. Laura could be at fault for (unintentional) negligence, because she didn't have a sign posted to warn about the puddle of water.

C. Laura could be at fault for (unintentional) negligence, because she didn't have a sign posted to warn about the puddle of water.

The UCC is an organization that simplifies and streamlines commercial transactions. What does UCC stand for? A. Uniform Comical Code B. United Commercial Code C. Uniform Commercial Code D. United Contract Code

C. Uniform Commercial Code

The Sarbanes-Oxley Act most closely relates to ___. A. public reporting of ethical behavior B. confidential reporting of ethical behavior C. confidential reporting of unethical behavior D. public reporting of unethical behavior

C. confidential reporting of unethical behavior

Asian Noodle Company contracts to sell 1,000 cases of rice noodles to Bob's Bistros, Inc., but refuses to deliver. Bob's was able to purchase the noodles from Noodle Bowl Inc. at a slightly higher price. Bob's right to purchase substitute noodles from Noodle Bowl is the right of A. specific performance. B. tender. C. cover.

C. cover.

According to our discussions of LLC entities in the video lectures, what is the main disadvantage of an LLC? A. piercing the corporate veil B. the way in which taxes are flexible C. differences in how state laws govern LLCs D. personal liability

C. differences in how state laws govern LLCs

In most cases, copyrighted work created by an employee is owned by the ___. A. government B. employee C. employer D. independent contractor E. courts

C. employer

Hasim, a Certified Public Accountant, specializes in business valuations, especially in civil suits, such as divorces. He was called to speak in a divorce case involving a challenging husband-wife-owned business that is being split up. Based on what you know, in what capacity is Hasim serving in this case? A. defendent B. trial witness C. expert witness D. character witness E. eye witness F. plaintiff

C. expert witness

Concerning trespassing to personal property, a conversion is defined as ____. A. injurious falsehoods made about property B. failure to live up to required duty of care C. illegal possession of property without permission D. publication of false information about another's property

C. illegal possession of property without permission

Which of the following describes a disadvantage of a sole proprietorship? A. broad ability to raise capital B. co-ownership of a business C. lack of continuity D. flexibility

C. lack of continuity

Agreement is comprised of ____. A. acceptance only B. consideration and offer C. offer and acceptance D. offer and capacity

C. offer and acceptance

Consider this case. James, an accountant, works for Roberta at a large firm. One Friday afternoon, Roberta visits James in his office to tell him about an opening -- one rank higher than James's current position. She encourages James to apply for the position immediately before she asks him to go with her for drinks that evening and what she calls some "Friday night fun" before winking at him. As Roberta walks out of the office, she reminds James that she has the final say in who is gets the promotion. This case most closely represents an example of ___. A. discrimination based on religion B. ADA non-compliance C. quid pro quo sexual harassment D. hostile work environment

C. quid pro quo sexual harassment

Consider this case. A white male was attempting to gain admission to a medical school that was highly selective. He has a strong application but heard that he may have been denied admission due to the school's push for race and gender diversity initiatives for its upcoming class. The white male in this case may have been a victim of ___. A. burden discrimination B. equal discrimination C. reverse discrimination D. bias discrimination

C. reverse discrimination

Which of the following is known as "the simplest form of business" and describes a situation in which the owner "is the business?" A. sole partnership B. sole liability corporation C. sole proprietorship D. single proprietorship

C. sole proprietorship

Gene, an accountant, convinces his client Hazel to sign a contract to invest her savings in 2Gether, a nonexistent social-networking Web site. There is clear and convincing evidence that Hazel did not act out of her free will. This is​ ​A. fraud. ​B. mistake. ​C. undue influence.

C. undue influence.

Karen was let go from her job recently and does not feel like the reason given for her termination was legal; she feels that her employment contract was violated. According to these details, Karen may have been a victim of ___. A. whistleblowing B. minimum wage C. wrongful discharge D. defamation

C. wrongful discharge

This enables employees to keep health-coverage for a period of time after they lose eligibility for group health-insurance plans

Consolidated Omnibus Budget Reconciliation Act

Which of the following describes the typical statute of limitations for product liability? A. 6 to 8 years B. 1 year C. 10 years D. 2 to 4 years

D. 2 to 4 years

Which of the following statements in correct? A. Duty-based ethics is rooted in the idea that every person has certain duties to others, while outcome-based ethics focuses on the impacts of a decision on environmental policy. B. Duty-based ethics is rooted in the idea that every person has certain duties to others, while outcome-based ethics focuses on the impacts of a decision on company only. C. Duty-based ethics is rooted in the idea that every person has certain duties to others, while outcome-based ethics focuses on the impacts of a decision on goal attainment. D. Duty-based ethics is rooted in the idea that every person has certain duties to others, while outcome-based ethics focuses on the impacts of a decision on society/stakeholders.

D. Duty-based ethics is rooted in the idea that every person has certain duties to others, while outcome-based ethics focuses on the impacts of a decision on society/stakeholders.

The FCPA prohibits U.S. businesspersons from bribing foreign officials in contract creation. What does the FCPA stand for? A. Foreign Certified Public Accountants B. Foreign Corrupt Public Accountants C. Foreign Correct Practices Act D. Foreign Corrupt Practices Act

D. Foreign Corrupt Practices Act

The IRAC Method is a legal reasoning process that is used to decide cases regardless of their length or complexity --- similar to the scientific method! What does IRAC stand for? A. Issue, Rule, Application, Concussion B. Issue, Rule, Appellate, Conclusion C. Issue, Regulation, Application, Conclusion D. Issue, Rule, Application, Conclusion

D. Issue, Rule, Application, Conclusion

"This is a motion in which either the plaintiff or the defendant asks the court to enter a judgment, because no facts are in dispute." This definition describes which of the following pretrial motions? A. Motion to Go to Trial B. Motion to Dismiss C. Motion for Summary Judgment D. Motion for Judgment Based on the Pleadings E. Motion for Judgment Based on Knowledge

D. Motion for Judgment Based on the Pleadings

Edward takes a nasty tumble on a popular trail in Central Arkansas. He falls, hits his head, and turns his ankle pretty badly (it may be broken). Roscoe, on his daily 4 mile run, comes across Edward, who is laying on the side of the trail, next to a barbed wire fence. Edward asks for help, and Roscoe obliges, helping Edward to his feet (supporting him, due to the ankle injury) and back to the trail-head. Unfortunately, as Roscoe pulls Edward up, Edward's right bicep suffers a deep cut on the barbed wire fence. Edward ends up needing 10 stitches for the cut, in addition to the care necessary to fix his injured ankle. Later, Edward tries to sue Roscoe for negligence for the bicep injury. ______ protects Roscoe from being sued. A. The Dram Shop Act B. The Duty of Professionals C. Contributory Negligence D. The Good Samaritan Statute

D. The Good Samaritan Statute

Which of the following would be a legitimate (legal) reason to trespass on someone's land? A. The deer you shot crossed your property line onto another person's land. B. You noticed that the flowers at a house down the street are beautiful and want to pick some for your mother. C. There is a box on the porch of one of your neighbors, and you are curious what is inside. D. You work for a power company and need to access the lines on someone's land.

D. You work for a power company and need to access the lines on someone's land.

A popular fast-food chain would most likely fall under which type of franchise arrangement? A. manufacturing arrangement B. food-style distributorship C. distributorship D. chain-style business operations

D. chain-style business operations

The two main classifications of tort law are ___. A. international torts and domestic torts B. intentional torts and defense torts C. intentional torts and intentional torts D. intentional torts and unintentional torts

D. intentional torts and unintentional torts

What does "LLC" stand for in the context of these chapters? A. limited legality company B. limited liability condition C. legal liability company D. limited liability company

D. limited liability company

Solve this analogy. An introductory paragraph is to an essay as ___ are to a trial. A. rebuttals B. closing statements C. appeals D. opening statements

D. opening statements

Thomas was operating a personally owned piece of machinery in a reckless manner. His process of operating this machine did not differ significantly from others who owned this same type of machine. Thomas was involved in an accident with this same machinery, causing injury to a bystander. In order to discourage others from operating the same machinery recklessly in the future, the court may impose ____. A. procedural damages B. compensatory damages C. layman's damages D. punitive damages

D. punitive damages

Discovery is the process of obtaining information from the opposing party or from witnesses prior to trial. Which of the following is NOT an item that might be part of the discovery process? A. requests for mental examinations B. requests for documents C. depositions D. repositions

D. repositions

If an individual is filing a civil case with a claim amount of a low dollar value (for example, less than $5,000), the claim will most likely be heard in a _____. A. federal court B. appellate court C. supreme judicial court D. small claims court

D. small claims court

Joint ownership does not create a partnership; what is most important are ____. A. the exhibition of the parties B. the ownership of the parties C. the profits of the parties D. the intentions of the parties

D. the intentions of the parties

Which term is used to describe a jury's findings? A. motion B. appeal C. summary D. verdict

D. verdict

Gina is a director on the board of Home Furnishings Inc. As a director, she may not A. vote to authorize major corporate policy decisions. B. vote to issue stock and bonds, and declare dividends. C. vote to select and remove corporate officers. D. vote to subordinate the firm's welfare to her personal interests.

D. vote to subordinate the firm's welfare to her personal interests.

In pretrial procedures, the plaintiff's complaint should contain statements concerning which of the following? A. remedy B. legal theory C. jurisdiction D. None of the above. E. All of the above.

E. All of the above.

What are the three requirements that must be met before a lawsuit can be brought to court? A. identify jurisdiction, determine venue, identify location B. identify jurisdiction, determine origin of judicial review, identify standing to sue C. identify corporate contacts, determine venue, identify standing to sue D. identify corporate contacts, determine origin of judicial review, identify standing to sue E. identify jurisdiction, determine venue, identify standing to sue

E. identify jurisdiction, determine venue, identify standing to sue

Appellate courts focus on _____. A. questions of fact, not questions of review B. questions of law, not questions of review C. questions of review, not questions of fact D. questions of fact, not questions of law E. questions of law, not questions of fact

E. questions of law, not questions of fact

strict liability

The legal responsibility for damage or injury even if you are not negligent

Place each of the listed primary sources of law in the appropriate order according to their hierarchy.

US Constitution Federal Statutory Law State Constitution State Statutory Law Local Ordinance Administrative Regulations Common Law

Implied Contract

a contract in which the conduct involved creates and defines the terms

express contract

a contract in which the terms of the agreement are explicitly stated

form

a contract in writing

market-share liability

a court can hold each manufacturer responsible for a percentage of the plaintiff's damages that is equal to the percentage of its market share

Acceptance

a statement that the offeree assents to the terms of the offer

authority that can be either express or implied

actual authority

contract

an agreement formed by two or more parties who agree to a promise

authority based on what the principal causes a third party to believe

apparent authority

the process in which parties resolve a dispute using a neutral third-party or panel that will hear the dispute and make the final decision

arbitration

this document forms the LLC and includes items such as business name, members' names, and principal address

articles of organization

The signing of this item is generally the first step in union organization.

authorization card

any source of law that a court must follow when deciding a case

binding authority

These financial instruments are used by a business to raise capital, but they represent a debt that must be repaid in the future.

bonds

This term describes the process in which labor (workers) and management come to an agreement on the terms and conditions of the employment relationship.

collective bargaining

This is a situation in which more than one court has the authority to hear the case.

concurrent jurisdiction

unreasonably dangerous

contains a danger beyond that which would be contemplated by the ordinary consumer

an assessment of negative and positive effects of choices in a situation

cost-benefit analysis

This is a court where a case's prior decision is reviewed.

court of appellate jurisdiction

This is a court that has the authority to hear and decide broad types of disputes.

court of general jurisdiction

This is a court that has the authority to hear and decide specific types of disputes.

court of limited jurisdiction

This is the court in which the case is heard for the first time.

court of original jurisdiction

the action of determining that the precedent is incorrect or no longer applicable

departing from the precedent

This is corporate profit that is distributed to shareholders.

dividends

the study of right behavior vs. wrong behavior

ethics

This is a situation in which only one court has the authority to hear the case.

exclusive jurisdiction

This/These are individuals who specialize in a particular content area and who may be called to present/speak in a trial.

expert witness

a situation in which one person acts on behalf of another, involving trust and confidence

fiduciary relationship

a partner in the LP who has management responsibilities

general partner

This term describes a situation in which an employer and a union negotiate and make a reasonable effort to come to an agreement.

good faith bargaining

This/These are the charges provided to a jury by a judge before the jury leaves to deliberate and determine a verdict.

jury instructions

a body of enforceable rules governing relationships among and between individuals

laws

the state of being legally responsible for something

liability

a partner in the LP who does not have management responsibilities

limited partner

the process in which parties resolve a dispute through the court system

litigation

This situation occurs when an employer closes its doors to keep employees from working.

lockout

the process in which parties resolve a dispute using a neutral third-party to mediate

mediation

This provides health insurance for people 65 years and older, as well as some younger, disabled individuals.

medicare

compliance with the law

moral minimum

the moral principles and values that govern what constitutes right and or wrong behavior

morals

This is a motion asking the court to dismiss a case for a specified reason.

motion to dismiss

a process in which parties attempt to settle their dispute with or without attorneys

negotiation

misrepresentation

occurs when fraud is committed against consumer or user of product

This/These are given by attorneys during the trial to present the facts that they hope to prove.

opening statements

the document of the LLC outlines issues such as how management will be chosen, when meetings will be held, and how profits will be divided

operating agreement

members

owners in an LLC

a source of law that a court may consult for guidance (but does not have to follow) when deciding a case

persuasive authority

a court decision that furnishes an example of authority for deciding similar later cases

precedent

This is a term that suggests that corporations are responsible for wrongful acts committed by their agents within the scope of their employment.

respondeat superior

This is corporate profit that is invested back into the corporation.

retained earnings

This/These are made to ensure that evidence in the trial is fair and reliable.

rules of evidence

This provides old-age, survivors', and disability insurance.

social security

a common law doctrine under which judges are obligated to follow the precedents established in prior decisions

stare decisis

These financial instruments represent ownership in a business.

stocks

This is a situation in which unionized employees leave their jobs and refuse to work.

strike

This is a judgment in which a court makes a judgment without a trial.

summary judgement

This provides compensation for eligible individuals who have lost their jobs.

unemployment insurance

a concept closely associated with "the greatest good for the greatest number"

utilitarianism

a situation in which the principal-employer is being held liable for torts committed by an agent-employee

vicariously liable

This process creates procedures for providing payments to workers who are injured on the job.

workers' compensation

Bull files a suit against Clay in a state court over payment due on a short-term lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Bull v. Clay, the appellate court upholds the lower court's verdict. The appellate court has​ ​A. affirmed the case. ​B. reversed and remanded the case. ​C. reversed the case.

​A. affirmed the case.

Daniel files a suit against Ava, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach. Ava's claim is a​ ​A. counterclaim. ​B. cross-complaint. ​C. counterpoint.

​A. counterclaim.

Brad knows that the brakes on his truck do not work, but he tells Chris, a potential buyer, that there are no problems. On this assurance, Chris buys the truck. On learning the truth, she may sue Brad for​ ​A. fraudulent misrepresentation. ​B. conversion. C. nothing.

​A. fraudulent misrepresentation.

Morgan and other executive officers of Regional Economic Development Associates, Inc., apply the utilitarian theory of ethics in business contexts. Utilitarianism focuses on​ ​A. the consequences of an action. ​B. the nature of an action. ​C. religious beliefs. ​D. moral values.

​A. the consequences of an action.

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is​ ​A. the writ of certiorari. ​B. the answer. ​C. the summons.

​A. the writ of certiorari.

Pietro files a suit against Qiana. If Qiana fails to respond,​ ​A. Pietro will have a default judgment entered against him. ​B. Qiana will have a default judgment entered against her. ​C. the suit will be dismissed.

​B. Qiana will have a default judgment entered against her.

To prepare for a trial between Fones, Inc., and G-Bytes Company, G-Bytes's attorney places Fones's chief executive officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is​ ​A. a cross-examination. ​B. a deposition. ​C. hearsay. ​D. voir dire.

​B. a deposition.

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as​ ​A. a faultless person. ​B. a reasonable person. ​C. a careless person. ​D. a blameless person.

​B. a reasonable person.

Leslie pays Mobile Electronics $600 for a new phone. Under the UCC, this is​ ​ A. a lease. ​B. a sale. ​C. a requirements contract.

​B. a sale.

Elegant Carpets, Inc., and Fantastic Floors Stores enter into a contract for a sale of carpeting to be delivered under a shipment contract. This contract requires Elegant Carpets, the seller, to​ ​ A. deliver the goods to a particular destination. ​B. place the goods into the hands of a carrier. ​C. allow the buyer to reject the goods for any reason.

​B. place the goods into the hands of a carrier.

Judge Methvin decides that the precedent for a current case is no longer correct due to technological changes. She overturns the precedent when she decides the case. She can expect that the case will ​A. be thrown out of court. ​B. receive a great deal of media attention. ​C. not be noticed by the media.

​B. receive a great deal of media attention.

Sforza files a suit against Thieu. If this suit is like most cases, it will be​ ​A. resolved only after a trial. ​B. settled before a trial. ​C. dismissed during a trial. ​D. appealed to a higher court.

​B. settled before a trial.

Business Rental Corporation (BRC) and Cartage Trucking Company enter into a contract for a lease of ten hydraulic lifts. Under the perfect tender rule, BRC must ship or tender goods to the lessee that​ ​A. entirely conform to the contract description except in one or two details. ​B. approximately conform to the contract description. ​C. conform to the contract description in every way.

​C. conform to the contract description in every way.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is​ ​A. appropriation. ​B. conversion. ​C. none of the choices. ​D. wrongful interference with a contractual relationship.

​C. none of the choices.

Building Restoration, Inc. (BRI), enters into a contract to refurbish an old train depot for Casual Dining, Inc., to open as Eat Up Restaurant. If BRI completes most of the work promised in the contract, its performance will be​ ​A. complete. ​B. absolute. ​C. substantial.

​C. substantial.

Oceans Inc., a seafood distributor, agrees to buy from Paul, a commercial fisherman, any "overstock" of fish that Paul catches in excess of his legal limit. This agreement is most likely​ ​A. enforceable. ​B. valid. ​C. void.

​C. void.

GetTogether, A Social Media Company encourages its managers to behave ethically, reasoning that lower-level employees will take their cues from management. One of the most important ways to create and maintain an ethical workplace is for GetTogether's management to​ ​A. discreetly engage in unethical or illegal acts. ​B. look the other way when an employee engages in an unethical act. ​C. direct employees to "do as we say, not as we do." ​D. demonstrate a commitment to ethical decision making.

​D. demonstrate a commitment to ethical decision making.