question

there is really no reason to be acquainted with business laws and government regulations except to pass this test

answer

false

question

law consists of enforceable rules governing relationships among individuals and between individuals and their society

answer

true

question

laws and government regulations affect almost all business activities

answer

true

question

many different laws may apply to a single business transaction

answer

true

question

business persons are expected to make decisions that are ethically sound

answer

true

question

being a small-business owner means that you will never have to take on the role of finance manager, marketing manager or accountant

answer

false

question

state laws are the supreme law of the United States

answer

false

question

the federal government and the states have the same constitution

answer

false

question

a state law that conflicts with the us constitution will be deemed unconstitutional

answer

true

question

state constitutions are supreme within their respective boarders

answer

true

question

statutory law includes state statues and ordinances passed by cities and counties

answer

true

question

whether financial statements created by an accountant need to be be verified for accuracy is not a legal question

answer

false

question

there are legal questions involved when considering ways to raise capital so a business can grow

answer

true

question

there are legal questions involved when choosing an appropriate business organizational form

answer

true

question

a small business owner is likely to face legal questions when determining ways to reduce his small business's taxes

answer

true

question

statues are laws enacted by congress and the state legislatures and comprise one of the sources of American law

answer

true

question

administrative law is a source of American law that is comprised of statutes

answer

false

question

uniform laws apply in all states, including those in which the laws have not been adopted

answer

false

question

the American law institute was the only organization involved in developing the uniform commercial code

answer

false

question

no state has adopted the uniform commercial code

answer

false

question

administrative law consists of the rules, orders, and decisions of administrative agencies

answer

true

question

administrative law includes only state regulations

answer

false

question

common law is the same as statutory law

answer

false

question

stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights

answer

false

question

stare decisis is a doctrine obligating judges to follow the precedents established within their jurisdictions

answer

true

question

common law is a term for the laws that are familiar to most of us

answer

false

question

a court may depart from a precedent if the precedent is no longer valid

answer

true

question

in order to truly understand our legal system it is important to understand the origins of the common law tradition

answer

true

question

money or property, including land, remedies at law

answer

true

question

equity is a branch of law, founded in justice and fair dealing, that seeks to supply a remedy when no adequate remedy at law is available

answer

true

question

the basis of the us legal system is the natural law school

answer

true

question

criminal law focuses on duties that exist between persons

answer

false

question

criminal acts are prohibited only by federal government statutes

answer

false

question

government authorities cannot enforce national law

answer

false

question

international law is the law of a foreign nation and varies from country to country

answer

false

question

a state long arm statue allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state

answer

true

question

generally a state court's power is limited to the territorial boundaries of the state in which it is located and the immediately adjacent states

answer

false

question

cases involving diversity of citizenship arise only between citizens of different states

answer

false

question

the amount in controversy in a diversity of citizenship case must be more than 1 million before a federal court can take jurisdiction

answer

false

question

concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case

answer

true

question

state courts cannot have exclusive jurisdiction

answer

false

question

a state court can exercise jurisdiction over an out-of-state defendant who does business in the state over the internet

answer

true

question

a business firm may have to comply with the laws of any jurisdiction which it actively targets customers

answer

true

question

federal courts are superior to state courts

answer

false

question

lawyers are not allowed to represent people in small claims courts in any of the states

answer

false

question

Small claims courts hear both civil and criminal cases

answer

False

question

All states have intermediate appellate courts

answer

False

question

There is at least one federal district court in every state

answer

True

question

Us district courts have original jurisdiction in federal matters

answer

True

question

There are twelve justices on the United States Supreme Court

answer

False

question

The United States Supreme Court has original jurisdiction in some situations

answer

True

question

There is one set of procedural rules for federal courts and one set for state courts

answer

False

question

A default judgement entered against the party who brought the claim before the court

answer

False

question

An answer never admits to the allegations made in a complaint

answer

False

question

On a motion for judgement on the pleadings, a court may consider evidence outside the pleadings

answer

False

question

A summary judgment is granted only if there is no genuine question of law

answer

False

question

A deposition is a sworn testimony by a party to a lawsuit or any witness

answer

True

question

Interrogatories are written questions for which written answers are prepared and signed under oath

answer

True

question

Any relevant material, except information stored electronically, can be the object of a discovery request

answer

False

question

A closing argument is a statement by a party that results in a summary judgment in the party's favor

answer

False

question

A motion for a new trial will be granted only if a constitutional issue is involved

answer

False

question

Any judgment is enforceable

answer

False

question

Arbitration is always legally binding

answer

False

question

In mediation, the mediator proposes a solution that includes what compromises are necessary to reach an agreement

answer

True

question

Negotiation is the most complex form of alternative dispute resolution

answer

False

question

ADR proceedings are always strictly regulated by federal statutes

answer

False

question

A courts review of an arbitrators award may be restricted

answer

True

question

The verdict in a summary jury trial is binding

answer

False

question

Most online dispute resolution services apply general, universal legal principles to resolve disputes

answer

True

question

False imprisonment occurs when a person restrains another intentionally and without justification

answer

True

question

Through tort law, society compensates those who suffer injuries as a result of others wrongful conduct

answer

True

question

Very few states have limited the amount of damages that can be awarded in tort cases

answer

False

question

Class action lawsuits are suits in which a number of persons join together to bring an action

answer

True

question

To commit an intentional tort, one person must intend to harm a certain person

answer

False

question

For a tort to be considered intentional the tortfeaser must have an evil or harmful motive

answer

False

question

Self defense is a defense to an allegation of both assault and battery

answer

True

question

Defense of others is a defense to an allegation of battery but not assault

answer

False

question

A party cannot recover damages for severe emotional distress absent a showing of physical injury

answer

False

question

Defamation is one persons use of another's name without permission

answer

False

question

Statements made by in judicial proceedings are not privileged communications and may be the basis for defamation

answer

False

question

The public disclosure of private facts about a person is an invasion of privacy

answer

True

question

The use of a persons likeness for commercial purposes without permission is appropriation

answer

True

question

Fraud occurs only when there is reliance on a statement of opinion

answer

False

question

Any lawful contract can potentially form the basis for an action based on wrongful interference with a contractual relationship

answer

True

question

The courts consider legitimate competitive behavior permissible only if it does not result in the breaking of a contract

answer

False

question

If it can be shown that a trespass to land was warranted, a complete defense exists

answer

True

question

Wrongfully taking personal property without the owners permission is conversion

answer

True

question

A failure to return personal property is disparagement of property even if the rightful owner consented to the initial taking

answer

False

question

Disparagement of property is another term for slander of quality

answer

True

question

Failure to live up to standard of care may be an act or an omission

answer

True

question

To determine whether a duty of care has been breached a judge asks how a reasonable person would have acted in the same circumstances

answer

True

question

Under the theory of negligence the duty of care requires a careless act

answer

False

question

To avoid liability for negligence a business owner must protect its patrons against all risks

answer

False

question

Some risks are obvious but that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm

answer

True

question

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability

answer

True

question

Harm must be foreseeable to be considered the proximate cause of an injury in negligence

answer

True

question

If no harm results from an allegedly negligent act there is no liability

answer

True

question

Self defense is a a defense to negligence

answer

False

question

An assumption of risk defense does not require that a risk be voluntarily assumed

answer

False

question

Under the doctrine of comparative negligence only the plaintiffs negligence is taken into consideration

answer

False

question

Under the \"danger invites rescue\" doctrine a person who tries to rescue another individual from harm is liable for any injuries to that individual

answer

False

question

Under a dram shop act liability can be imposed without proof of negligence

answer

True

question

The extreme risk of an activity is a defense against imposing strict liability

answer

False

question

An Internet service provider cannot be held liable for disseminating others defamatory remarks

answer

True

question

For an offer to be effective the offer or must have a serious intention to become bound by the offer

answer

True

question

An offer does not need to be communicated to the offered to become effective

answer

False

question

An offer made in obvious anger is still an effective offer

answer

False

question

An expression of opinion \"this is perfect\" is an effective offer as long as it is not made in jest

answer

False

question

A sellers price list is not an offer

answer

True

question

A circular letter \"dear mr. Or ms. Jones, this is our biggest sale ever\" is not evidence of an intent to enter into a contract

answer

True

question

In most cases an offeror can revoke an offer as long as the revocation is communicated before the offeree accepts

answer

True

question

Revocation is effective on dispatch

answer

False

question

In most states revocation becomes effective on receipt

answer

True

question

If no time for acceptance is specified in an offer, the offer terminates after a reasonable length of time

answer

True

question

The death of an offeree does not terminate an offer

answer

False

question

An offer that a statute makes illegal terminates only after a reasonable time

answer

False

question

an option contract is created when an offeror promises to hold an offer open for a specified period of time in return for a payment given by the offeree

answer

True

question

The mirror image rule requires an acceptance to adhere exactly to an offer to create a contract

answer

True

question

Some unilateral contracts do not require that an offeror be notified of acceptance

answer

True

question

In a bilateral contract communication of acceptance is necessary

answer

True

question

The mailbox rule applies to communication by phone and fax as well as the mail

answer

False

question

If an offeror does not expressly specify a certain mode of acceptance then acceptance can be made by any reasonable means

answer

True

question

A forum selection clause indicates the forum or location for the delivery of goods purchased online

answer

False

question

The agreement resulting from a buyer clicking on a box containing the words \"I agree\" is known as a click on agreement

answer

True

question

A click on agreement is an agreement whose terms are expressed inside a box in which the goods are packaged

answer

False

question

A shrink wrap agreement is an agreement whose terms are expressed inside a box in which the goods are packaged

answer

True

question

Not all of the terms presented in a shrink wrap agreements have been enforced

answer

True

question

Browse wrap terms are arguably not enforceable

answer

True

question

Browse wrap terms require a user to affirmatively indicate his or her consent

answer

False

question

Under the electronic signatures in global and national commerce act a signature may bit be denied legal effect solely because it is in electronic form

answer

True

question

Under federal law an electronic signature can be as valid as a signature in paper

answer

False

question

Under federal law an e-signature is enforceable only if the contracting parties have agreed to use e-signatures

answer

False

question

Under the UETA a typed name at the end of an email message is no considered an e-signature

answer

False

question

A record is an interaction between two or more people relating to business, commercial, or governmental activities

answer

False

question

The primary purpose of the uniform electronic transactions act is to remove barriers to e-commerce

answer

True

question

Under the UTEA a contract is unenforceable if it is solely in electronic form

answer

False

question

The e-sign act does not preempt the uniform version of UETA

answer

True

question

Under the UETA an e-signature of a notary public is not sufficient to notarize a document

answer

False

question

The UETA does not require the use of security procedures to verify changes to electronic documents and to correct errors

answer

True

BIZ LAW Test 1 true/false section

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