legal environments business midterm
the "public comment" period for proposed administrative agency rules must be at least ______ days
30
Suppose sheriff roland desires to search your home. What law requires that the sheriff obtain a search warrant?
The fourth amendment of the US constitution
which of the following is not illegal
a "giveaway" to every tenth person entering a department store
if an offeree accepts an offer before it is effectively revoked
a valid contract is formed
under the uniform commercial code, a firm offer applies to
a written, signed offer by a merchant to buy or sell goods
"primum non nocere" is latin for
above all, do no harm
penalties for crimes are
always paid to the government
when the president negotiates a treaty with a foreign country and submits it to the senate for approval, the presidents action is
an amendment by practice
federal judges of the united states
are appointed by the president,with the approval of the senate
due process rights apply to
both individuals and corporations
a(n) ____ is a promise that depends on the occurrence of a specified condition in order for the promise to be binding
conditional promise
which of the following is beyond the enforcement power of an agency
convicting of criminal violations
if a court issues an injunction, the court would be ordering a
equitable remedy
At common law, a minor cannot be held contractually liable for his or her necessary medical expenses when the parent is unable or unwilling to pay.
false
For tort liability to be imposed, the perpetrator of the tort must have acted with the intent to do wrong.
false
The right to be secure against unreasonable searches and seizures conducted by the police is guaranteed by the fifth amendment of the US constitition
false
True consideration occurs only when the value of one promise is equal to the value of the promise given by the other party.
false
a contract can never be both executory and unilateral
false
a crime is a wrong that arises from a violation of a private duty, whereas a tort is a wrong that arises from a violation of a public duty
false
a probate court is an example of a general trial court
false
a promise that in fact does not impose any obligation on the promisor is known as an elusive promise
false
an administrative agency cannot hold a hearing without a jury
false
an administrative agency whose erroneous decision causes a regulated person or enterprise substantial loss is liable for such loss regardless of whether the agency acted in good faith
false
despite the importance of ethical behavior for business success, few fortune 500 companies have codes of ethics to resolve ethical dilemmas
false
mortgages, security interests, and surety relationships are legal mechanisms created primarly to promote stability and flexibility in trade
false
procedural law creates legal rights and duties
false
the defendant in a civil case is the part who is suing
false
the requirement that a business be licensed would be an example of a shared power
false
the shopkeeper's privilege gives store managers the absolute right to detain anyone they believe has shoplifted
false
the united states utilizes a bicameral division of government
false
there is no evidence that commitment to ethical values is linked with financial performance of business organizations
false
when a contract is fully performed by one party, it is called a unilateral contract
false
within each state in the US, only the US constitution is in force
false
If no termination date is specified for an offer, the offer will remain open:
for a reasonable period of time
Administrative regulations
generally have the force of statute
an agreement to pay reasonable additional compensation...
good-faith adjustment
sales promotion schemes calling for the distribution of property according to chance among the purchasers of goods are
illegal as lotteries
the right to privacy applies to protect your from unreasonable searches in all of the following scenarios except
in the commission of a crime
Sal sent Max an e-mail message telling Max that his wife had been killed in a car accident, and Sal knew this was untrue. Max may be able to sue Sal for
intentional infliction of emotion distress
the freedom of information act
is intended to subject agency action to public scrutiny
the failure to have a license will not render agreements void if the license
is readily obtainable by anyone who offers payment of a required fee
Jack sells Jim a used car that Jack falsely described as having been driven only 12,000 miles. Fraud has occurred if:
jim relied upon jack's statement
Money _____ involves the knowing and willful participation in a financial transaction involving unlawful proceeds when the transaction is designed to conceal or disguise the source of the funds.
laundering
a customer went into a store and saw a beautiful leather jacker bearing a price tag...
no contract was formed because the customer's offer was refused
ethical egoists such as ayn rand hold that
people always act in their own self-interest
an obligation to pay for the reasonable value of services rendered when there is no contract would be called
quasi-contractual
a(n)______ is the power to adopt laws that protect the general welfare, health, safety, and morals of the people
state's police power
the degree of care required of a person is
that degree of care a reasonable prudent person would exercise under similar circumstances
even if a contract appears legal on its fate,it may be unenforceable if
the contract has an illegal purpose
a computer crime generally requires that
the criminal have some knowledge of computers
all of the following statements refer to an element of fraud except
the defendant desired to obtain a financial benefit
what party to an illegal agreement may get relief from the court
the less-guilty party, when public interest is advanced by granting relief
failure to give ____ means that a defendant's statements or confession cannot be used as evidence against that individual
the miranda warnings
An offer is terminated upon rejection by the offeree unless:
the offeror renews the offer
An acceptance must be absolute and unconditional.
true
As Courts now tend to accept an agency's reasonable interpretation of a statute involving a technical matter, even though it was not the only interpretation that could have been made.
true
Forgery includes signing another person's name to a check with the intent to defraud
true
If a merchant receives and cashes a check for partial payment of a debt and the check bears the notation that the amount is in full payment of a disputed sum, the total debt is released.
true
In the case of unforeseen difficulties, a second promise to pay a contractor a higher amount on the original contract may be enforceable.
true
Past benefits already received by a promisor cannot be consideration for a later promise.
true
The use of someone's car without that person's permission is a trespass to personal property.
true
a "rent-a-judge" serves as a referee
true
a constitution is the written document that establishes the structure of the government and its relationship to the people
true
a court that can only hear disputes involving damages of $5,000 or less has a limited jurisdiction
true
a firm offer is an offer that states that it is to be irrevocable, or irrevocable for a stated period of time
true
a person who makes a promise is the primisor, while a person to whom the promise is made is the promisee
true
although laws are enacted at different levels of government to provide the framework for business and personal rights and duties, the framework for this legal system is constitutional law
true
an administrative agency has the power to investigatem to require persons to appear as witnesses, to require witnesses to produce relevant papers and records, and to bring proceeding against those who violate the law
true
an agreement may involve the performance of several promises, some of which are illegal and some legal
true
an agreement that calls for the commission of a civil wrong is illegal and void
true
an executed contract is an agreement that has been completely performed
true
certain persons cannot make contracts that will bind them
true
commercial exploition, also called right of publicity, is a form of invasion of privacy
true
consideration is the bargained-for exchange between the parties to a contract
true
contractual capacity can exist even though a party does not understand every provision of the contract
true
contractual intention is determined by objective standards
true
documents filed by both parties at the beginning of a lawsuit are called the pleadings
true
in a federal system, a central government is given power to act nationally, while states administer to local concerns
true
moral standards based on positive law may allow businesses to conduct themselves unfairly so long as their actions are not illegal
true
people generally have a duty to act as a reasonable prudent person would in similar circumstances
true
state incapacities against married women have largely disappeared
true
the authority of a court to decide certain types of cases is called jursidiction
true
the federal court system consists of three levels
true
the foreign corrupt practices act applies to businesses with their principal offices located in the united states
true
the principle behind the quasi contract is to prevent unjust enrichment
true
the seller of a painting is bound by the sales contract if the painting purchased was considered of little value and only later discovered to be valuable to the surprise of both buyer and seller
true
the sunshine act requires most meeting of major administrative agencies to be open to the public
true
the theory of justice is based on the concept that if there were no laws or rules reasonable people would develop fair rules and standards
true
An offer of a reward for the arrest and conviction of a criminal is an example of:
unilateral contract
An ethical duty of confidentiality could be breached in any of the following situations except
when a confidential informant tells government officials of illegal company activity
