Business Law I - BA A241- Midterm- UAA - Flashcards

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(T/F) The U.S. Constitution recognizes the states' power to make law in certain areas.

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True

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(T/F)Uniform acts are model statutes drafted by private bodies of lawyers and/or scholars; they become law only after legislature enacts them.

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True

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(T/F)The same behavior will sometimes violate both civil law and the criminal law, and in such a case, both liabilities can be claimed at the same time.

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True

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(T/F)The doctrine of stare decisis states that like cases should be decided alike.

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True

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(T/F)The "Critical Legal Studies" movement regards the law as the product of political calculation and class bias of lawmakers.

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True

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A(n) _____ is a cancellation of a contract and a return of the parties to their precontractual position. injunction ordinance rescission restatement

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rescission

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Which of the following is a characteristic of administrative agencies? They derive their power from the Supreme Court. They make ordinances and pass executive orders. They are generally created by a statute. They are elected bodies.

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They are generally created by a statute.

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The power of executive order normally derives from a(n): legislative delegation. federal court. injunction. restatement.

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legislative delegation.

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According to the principle of _____, treaties are the supreme law of the land. judicial activism separation of powers federalism federal supremacy

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federal supremacy

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Which of the following is applied in a lawsuit between two private parties? Criminal law Civil law Procedural law Public law

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Civil law

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What is substantive law? The laws that govern the rights and duties of people as they act in society. The code of conduct of government bodies. The procedures followed by Congress to make statutes. The procedures followed by state legislatures in creating ordinances.

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The laws that govern the rights and duties of people as they act in society.

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Which of the following covers the rules of contract, and property? Procedural law Private law Criminal law Ordinances

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Private law

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Some legal positivists believe that: an unjust law is not law. the validly of enacted laws should be obeyed, just or not. the law should keep up with changing times. justice is what the judge ate for breakfast.

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the validly of enacted laws should be obeyed, just or not.

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What are legal rules in prior cases called? Statutes Precedents First impressions Uniform laws

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Precedents

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What are courts and administrative agencies expected to do in case they encounter ambiguously worded statutes while deciding a case? Keep the particular statute aside Fill in the details on a case-to-case basis Refer to a different statute Initiate a debate in the legislature

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Fill in the details on a case-to-case basis

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Lido adopted a policy under which its employees aged over 50 years would be given the preference of availing company sponsored transport facility. Marina, aged 55 years was provided transport facility. However Henry, aged 46 years was denied the same. Henry challenged the company policy as violative of the Age Discrimination in Employment Act (ADEA) which forbids discriminatory preferences for the young over the old. Will Henry succeed in the Court of Law? Yes, as per the plain meaning rule of statutory interpretation. Yes, as per the rule of general public purpose. No, as per the rule of legislative purpose. No, as per federal law.

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Yes, as per the rule of general public purpose.

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The Supreme Court once denied tax-exempt status to a private university that discriminated on the basis of race. Which of the following is likely to have influenced or guided the interpretation of the statute relevant to this case? Maxims Precedents General public purposes Standing to sue

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General public purposes

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Which of the following is false about the power of courts? Courts are not absolutely bound to favor one technique of statutory interpretation over another. Courts can distinguish prior decisions in common law cases. State Supreme Courts can overrule their own prior decisions. Courts can make or interpret law in the absence of a case.

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Courts can make or interpret law in the absence of a case.

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Which of the following lets courts help parties determine their rights and duties even though neither may yet have been harmed, so long as there is a real case or controversy between them? No liability outside privity of contract rule Ejusdem generis A declaratory judgment statute Public law

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A declaratory judgment statute

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Which of the following allows parties to determine their rights and duties even though their controversy has not advanced to the point where harm has occurred and legal relief may be necessary? Ejusdem generis Standing to sue Declaratory judgment Precedents

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Declaratory judgment

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(T/F)Minor criminal cases and civil disputes are decided in the appellate courts.

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False Minor criminal cases and civil disputes involving small amounts of money or specialized matters frequently are decided in courts of limited jurisdiction. Appellate courts correct legal errors made by trial judges.

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(T/F)Generally, forum selection clauses in form agreements are unenforceable.

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False Forum selection clauses are generally enforced by courts unless they are shown to be unreasonable in a given set of circumstances.

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(T/F)For federal district court diversity jurisdiction to exist, the amount in controversy must exceed $500,000.

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False Diversity jurisdiction exists when (1) the case is between citizens of different states (2) the amount in controversy exceeds $75,000.

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(T/F)The doctrine of certiorari jurisdiction makes it mandatory for the U.S. Supreme Court to hear appeals from federal and state courts.

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False The doctrine of certiorari jurisdiction grants the U.S. Supreme Court the discretion to decide whether it wants to hear a case or not. The court hears only a small percentage of the many appeals that come to it.

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(T/F)Normally, a motion for summary judgment requires that a court decide both questions of fact and questions of law.

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True A summary judgment involves factual determinations.

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A "long-arm" statute allows: criminal courts jurisdiction over civil cases. state courts more power than federal ones. courts jurisdiction over out-of-state defendants. appellate courts to hear new cases.

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courts jurisdiction over out-of-state defendants.

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In general, a court has _____ if it is a territorially fair and convenient forum in which to hear the case. venue original jurisdiction limited jurisdiction standing

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venue

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Bob is a merchant in New York and Betty is a merchant in California. Bob wants to do business with Betty but he is concerned that if a lawsuit should result from their transaction, he might have to travel to California and hire a California litigation lawyer to litigate the dispute. What type of clause should Bob try to include in his contract with Betty that will probably assure him that if litigation ensues, it will take place in New York? Confession of judgment clause Forum selection clause Choice of law clause Substantive clause

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Forum selection clause

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Under the doctrine of federal jurisdiction, a corporation is: a citizen of only the place where is has been incorporated. a citizen of only it principal place of business. a citizen of both its place of incorporation and the state where it has its principal place of business. a citizen of that state which has enacted a "long-arm" statute and thus has jurisdiction.

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a citizen of both its place of incorporation and the state where it has its principal place of business.

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_____ jurisdiction exists when the case arises under the Constitution, laws, or treaties of the United States. Original Federal question Diversity Exclusive

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Federal question

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Patent cases being litigated in the federal system are an example of: concurrent jurisdiction. original jurisdiction. exclusive jurisdiction. certiorari jurisdiction

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exclusive jurisdiction.

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Today, most appealable decisions from the lower courts fall within the Supreme Court's _____ jurisdiction, under which the Court has discretion whether to hear the appeal. appellate certiorari original exclusive

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certiorari

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A(n) _____ must state the remedy requested in the case. summons interrogatory affirmative defense complaint

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complaint

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The right of _____ is available for information that is not subject to a recognized legal privilege and is relevant to the case or likely to lead to other information that may be relevant. demurrer counterclaim discovery affirmative defense

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discovery

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At a _____, the judge meets informally with the attorneys for both litigants in an attempt to get the attorneys to stipulate, or agree to, a resolution of certain issues in order to simplify the trial. demurrer directed verdict pretrial conference minitrial

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pretrial conference

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The American legal system gives considerable power to the jury; however, it also has devices for limiting that power. The _____ provides a judgment to one party before the jury gets a chance to decide the case. motion to dismiss motion for a new trial motion for summary judgment motion for a directed verdict

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motion for a directed verdict

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Harvey is planning to file a case against a petrochemical giant which has a plant in his town. The petrochemical plant is dumping toxic wastes into its surrounding areas. Harvey is mobilizing the residents of the town, all of whom have suffered from various health problems due to the activities of the plant. Which of the following would be of most help to Harvey and the other residents? Demurrer Class action Directed verdict Affirmative defense

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Class action

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Which of the following helps a plaintiff to seize the property that belongs to the defendant but is in the hands of a third party? Class action Garnishment Non obstante veredicto Settlement

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Garnishment

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A party may win a judgment even after the jury has reached a verdict against it through the procedure of: mens rea. non obstante veredicto. demurrer. habeas corpus.

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non obstante veredicto.

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A method of alternative dispute resolution in which a neutral third party helps the parties reach a resolution of the dispute by facilitating communication, clarifying areas of agreement, helping see each other's viewpoints, suggesting settlement options, but who cannot make decisions that bind the parties, is called: conciliation. mediation. minitrial. arbitration.

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mediation.

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Article V of the Constitution makes the Constitution, laws, and treaties of the United States supreme over state law. True False

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False

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Congress cannot invalidate state laws that are passed pursuant to the state's police power. True False

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False

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The "ends" component of a means-ends test specifies how significant a social purpose must be in order to justify the restriction of a right. True False

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True

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The First Amendment prohibits state regulation of deceptive commercial advertising. True False

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False

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Today, discrimination on the basis of gender receives more strict scrutiny than discrimination on the basis of race. True False

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False

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The Contract Clause applies only to state laws that impair past contracts-contracts made before passage of the state law in question. True False

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True

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If a state law discriminates against interstate commerce, then the strictest scrutiny will be applied in determination of its constitutionality. True False

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True

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The Takings Clause applies only in situations where the federal government or the states "take" private property through formal condemnation procedures. True False

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False

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The U.S. Constitution provides distinct powers to the Congress, the president, and the federal courts. This is the principle of: separation of powers. federal supremacy. judicial review. due process of law

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separation of powers.

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_____ enumerates the principle of federal supremacy. Article III Article IV Article V Article VI

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Article VI

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Which of the following is an important state legislative power that works concurrently with many congressional powers? Enumerated power Police power Independent checks Taxing power

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Police power

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Which of the following is true of the Commerce Clause in present times? It has become a federal power with an extensive regulatory reach. It no longer blocks state regulations that hinder interstate commerce. It has been preempted by the federal taxing and spending powers. It allows Congress to regulate interstate commerce but not intrastate activities affecting it.

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It has become a federal power with an extensive regulatory reach.

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Which of the following would receive stricter scrutiny than the rational basis test? Right to own a business Right of teenagers to congregate Classifications based on gender Right to advertise

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Classifications based on gender

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Which of the following statements regarding commercial speech is true? It enjoys the same First Amendment protection as political expression. It is not protected if it misleads or seeks to promote illegal activity. It receives rational basis protection, if it is not misleading. Movies, television programs, and magazine articles are normally classified as commercial speech and are thus fully protected

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It is not protected if it misleads or seeks to promote illegal activity.

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In the context of commercial speech, the Supreme Court developed the _____ test which amounts to intermediate scrutiny. means-ends still-controlling proximate cause rational basis

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still-controlling

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The rights to notice of the charges brought against you and to some kind of fair trial or hearing to prove those charges are central requirements of: substantive due process. equal protection. procedural due process. economic due process.

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procedural due process.

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The equal protection standard is generally judged in a lenient manner. However, laws that discriminate regarding _____ are made to undergo a much more rigorous test. education profession race age

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race

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Which of the following is true of the Contract Clause? It applies to laws that impair contracts made after the law's passage. It imposes tougher standards on government contracts than on private contracts. It does not apply to government contracts. It has gradually increased in importance from the 19th century to the 20th century

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It applies to laws that impair contracts made after the law's passage.

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Which of the following independent checks blocks only state laws and not federal laws? Equal protection The First Amendment Federal preemption Due process

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Federal preemption

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Under the Takings Clause, a "taking": occurs when the government uses formal eminent domain procedures to condemn private property. can only be of land, and not of other kinds of property. cannot occur through government regulation that merely diminishes the value of private property. cannot occur by simply an invasion of private property.

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occurs when the government uses formal eminent domain procedures to condemn private property.

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Theories that focus only on actions or decisions are called deontological ethical theories. True False

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True

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What would happen if everyone acted in this way?" is a question that Kant would ask. True Fals

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True

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Rights theory concerns itself with the costs and benefits of requiring respect for another's rights. True False

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False

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Rawls's justice theory focuses on outcomes. True False

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True

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The Sarbanes-Oxley Act of 2002 requires public companies to have board audit committees comprising only independent directors. True False

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True

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A justice theorist would choose the alternative that allocates society's benefits and burden most fairly. True False

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True

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Which of the following ethical theories focuses on a decisions or action alone, irrespective of the result it produces? Deontological theory Teleological theory Profit maximization theory Utilitarian theory

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Deontological theory

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Which of the following ethical theories emphasizes that certain human rights are fundamental and must be respected by other humans? Rights theory Utilitarian theory Teleological theory Profit maximization theory

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Rights theory

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_____ protects the rights of those who are less privileged in society. Rights theory Justice theory Rule utilitarianism theory Profit maximization theory

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Justice theory

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Kurt is trying to decide whether or not he should drive to work everyday and has a number of questions. Will it save valuable time? Will he be adding to environment pollution? Will it add to the problems of heavy traffic on the roads? Would carpooling be a better idea? Which of the following ethical theories does Kurt adhere to? Utilitarian ethics Deontological ethics Kant's categorical imperative Rights theory

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Utilitarian ethics

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_____ is a teleological ethical theory because it focuses on results by maximizing total social welfare. Rights theory Kantian theory Deontological theory Profit maximization theory

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Profit maximization theory

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Which of the following ethical theories is closely related to the profit maximization theory? Utilitarianism Kantianism Deontological theory Rights theory

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Utilitarianism

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Profit maximization results in ethical conduct because: incorrect it emphasizes the right to redistribute wealth in order to help the poor and disadvantaged. it requires society's members to act within the constraints of the law. it protects fundamental rights, unless some greater right takes precedence. it focuses on the decision or action itself, irrespective of what results it produces.

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it requires society's members to act within the constraints of the law.

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Which of the following factors can impose direct penalties for corporate misbehavior? Market forces Corporate management Labor unions Investors

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Market forces

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Which of the following is a prescribed guideline for ethical decision making? What gives me maximum profit? Will stakeholders offer support? How can I increase the number of shareholders? How do the alternatives impact my business firm?

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How do the alternatives impact my business firm?

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Your decision will be better for your firm and other stakeholders if you consider your selfish interest." Considering that this statement is true, which of the following prescribed guidelines for ethical decision making should you focus on? incorrect Will the shareholders offer support? Will the shareholders offer support? How can I increase the number of shareholders? How do the alternatives impact me, the decision maker? Who are the stakeholders?

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How do the alternatives impact me, the decision maker?

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Trisha has been given the responsibility of making an important decision for her firm. Which of the following actions strengthens the argument that Trisha is a justice theorist? incorrect Trisha chooses the alternative that promises the highest net welfare to society as a whole. Trisha chooses the alternative that respects the most important human right. Trisha considers whether everyone is getting what he deserves. Trisha determines whether anyone's rights are negatively affected by an alternative.

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Trisha considers whether everyone is getting what he deserves.

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Bill, a senior manager at Bizlaw, Inc., instructs Kim, a mid-level manager, to make false statements on the performance evaluation of Gloria, one of Kim's employees who has recently filed a discrimination claim against Bill. Bill tells Kim, "Look around you. Every manager makes up stories about employees Bizlaw wants to get rid of." Bill's argument illustrates: bandwagon fallacy. argumentum ad baculum. argumentum ad hominem. circular reasoning.

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bandwagon fallacy.

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A _____ argument states that we should or should not do something merely because one or more other people or firms do or do not do it. bandwagon fallacy circular reasoning false cause gambler's fallacy

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bandwagon fallacy

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Bob DeSlob, CEO of Westlake, Inc., had supported the development and distribution of the Super Widget, a product that is expensive to make. The Super Widget failed to meet its expected sales. Bob, now, decides to invest more resources to produce and aggressively market the Super Widget, rationalizing that if he did not invest more in the product, what he has invested would be lost. Bob is engaging in: sunk cost fallacy. argumentum ad baculum. argumentum ad hominem. reductio ad absurdum

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sunk cost fallacy.

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Property held in joint tenancy or tenancy by the entirety is not controlled by a will, True False

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True

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At the time of interpreting the will, the judge gives preference to the statements of the beneficiaries rather than the intention of the testator. True False

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False

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A will confers no present interest in the testator's property. True False

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True

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A person can have multiple domiciles at a time. True False

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False

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When Rita Ryan died, she left a will naming her children, John and Dale, as the sole beneficiaries. In her will, Rita designated John as the executor of her estate and excused John from posting a bond as executor. At the time of Rita's death, she owned a parcel of land with her sister, Ann, as joint tenants with right of survivorship. With respect to Rita's interest in the land, it will pass to: John and Dale outside Rita's estate by right of survivorship. John and Dale through Rita's estate after the will is probated. Ann through Rita's estate after the will is probated. Ann outside Rita's estate by right of survivorship

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Ann outside Rita's estate by right of survivorship

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Grandfather Summers had two children, Mary and Bill. Mary, her father's favorite, has one child, Margaret. Bill has two children, Jill and John. Mary and Bill die before Summers (in legal terms, predecease him), but all three grandchildren are living at the time of his death. Summers' estate has to be divided per capita. Who will get what? The spouses of Mary and Bill will inherit the estate. Mary's children will inherit the major share of the estate. All three grandchildren will get an equal share. The estate will go to a trust because Mary and Bill are dead

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All three grandchildren will get an equal share.

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Which of the types of wills is completely written and signed in the testator's handwriting? Nuncupative wills Holographic wills Notarial wills Self-proved wills

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Holographic wills

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What is an amendment to a will called? Bequest Residuary Advance directive Codicil

answer

Codicil

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Jim created a valid will in 2003. Three years later, he wanted to make some minor changes to the will. Jim wants to modify the provisions of his will without making an entirely new will. He can amend his will by adding a(n) _____. Bequest Residuary Advance directive Codicil

answer

Codicil

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If a person dies intestate, his real property will be distributed: to the state in which the property is located. to the state of the person's domicile. according to the law of the state in which the property is located. according to the law of the state of the person's domicile.

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according to the law of the state in which the property is located.

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John died without leaving a will. He left a wife and two children. He lived in Boise, Idaho, and he owned a ski condo in Aspen, Colorado. How will John's ski condo be distributed upon his death? The law of intestate succession of Idaho will be followed, because Idaho the state where John was domiciled at the time of his death. The law of intestate succession of Colorado will be followed, because Colorado is where John's condo is located. The federal law of intestate succession will be followed, because John's property is located in more than one state. The property will escheat to the State of Idaho.

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The law of intestate succession of Colorado will be followed, because Colorado is where John's condo is located

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If the deceased had no surviving relatives, the property goes to _____. the executor a charity picked by an assigned trustee his friends the state

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the state

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In the case of an intestate estate, the personal representative to it is called a(n) _____. trustee executor administrator beneficiary

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administrator

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The property held in trust is called the _____. attachment lien corpus accession

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corpus

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A trust that is established and effective during the settlor's lifetime is known as a(n) _____ trust. causa mortis per capita per stirpes inter vivos

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inter vivos

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Krieg's will created a trust to take effect upon Krieg's death. The will named Krieg's spouse as both the trustee and personal representative (executor) of the estate. The will provided that all of Krieg's securities were to be transferred to the trust and named Krieg's child as the beneficiary of the trust. Which of the following is true under the circumstances? Krieg has created a testamentary trust. Krieg's spouse may not serve as both the trustee and personal representative. Krieg has created a spendthrift trust. The trust is invalid because securities cannot be transferred to a trust.

answer

Krieg has created a testamentary trust.

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Thomas wants to create an inter vivos trust for the benefit of his adult children. In order to create a valid inter vivos trust, he must have a level of mental capacity that is the same as that required to: make a valid contract. make a valid will. stand trial in a criminal case. testify under oath in a criminal case.

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make a valid contract.

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The rule against perpetuities does not apply to a: testamentary trust. spendthrift trust. charitable trust. Totten trust.

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charitable trust.

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Which of the following is true of a spendthrift trust? The settlor can make himself the beneficiary. It restricts the voluntary transfer of a beneficiary's interest. Assignees can claim rights to it. Creditors can claim rights to it.

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It restricts the voluntary transfer of a beneficiary's interest.

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Which of the following arises when there has been an incomplete disposition of trust property and the creation of a trust is necessary to effectuate a settlor's intent or avoid unjust enrichment? Express trust Spendthrift trust Totten trust Resulting trust

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Resulting trust

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Special deterrence results when punishment of a wrongdoer deters other persons from committing similar offenses. True False

answer

False

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When Congress created the U.S. Sentencing Commission and charged it with creating Sentencing Guidelines, Congress sought (among other things) to decrease the discretion of judges in making sentencing decisions. True False

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True

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When a judge's sentencing decision is challenged on appeal, the governing standard will be one of reasonableness. True False

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True

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The U.S. Constitution allows ex post facto criminal laws. True False

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False

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Corporations may be held criminally liable even in the absence of proof that high corporate officers ordered or acquiesced in the offense charged. True False

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True

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Infractions: involve significant moral culpability on the offender's part. are not punishable by fines. are a serious crime. are not punishable by confinement in jail.

answer

are not punishable by confinement in jail.

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_____ is effectively a conditional sentence that suspends the usual imprisonment and/or fine if the offender "toes the line" and meets other judicially imposed conditions for the period specified by the court. Probation Retribution Prevention Rehabilitation

answer

Probation

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According to the law, crimes are statutory offenses; this essentially means that: it must be proved that the crime is dangerous or detrimental to society. a behavior is not a crime unless a state legislature has criminalized it. the prevention of crime should include deterrence and rehabilitation. courts may assess punitive damages in order to punish the wrongdoer.

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a behavior is not a crime unless a state legislature has criminalized it.

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The First Amendment limits governmental power to enact and enforce criminal laws by prohibiting: warrantless searches. arbitrary discrimination among different classes of people. cruel and unusual punishments. laws that restrict freedom of speech.

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laws that restrict freedom of speech.

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The ____ Amendment forbids cruel and unusual punishments. First Eighth Fourteenth Fifteenth

answer

Eighth

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_____ means that the accused failed to perceive a substantial risk of harm that a reasonable person would have perceived. Duress Recklessness Exculpation Negligence

answer

Negligence

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Although not a complete defense to criminal liability, _____ may diminish the degree of a defendant's responsibility in a crime. voluntary intoxication premeditation infancy insanity

answer

voluntary intoxication

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A(n) _____ is a formal charge signed by the prosecutor outlining the facts supporting the charges against the defendant. booking indictment information arraignment

answer

information

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The Fourth Amendment to the U.S. Constitution: protects persons against all searches and seizures. provides protection to places or items as to which the Court found no reasonable expectations of privacy such as open fields and personal bank records. provides protection to matters such as voluntary conversations between criminal defendants and government informants. protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

answer

protects persons against arbitrary and unreasonable governmental violations of their privacy rights.

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What is the basic remedial device in cases of Fourth Amendment violations? Exclusionary rule Due process clause Habeas corpus Counterclaim

answer

Exclusionary rule

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When a court applies the exclusionary rule in a criminal case, it means that: the case will be dismissed. the defendant will be convicted. the evidence will not be admitted at trial. an arraignment will not take place.

answer

the evidence will not be admitted at trial.

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Which of the following is a characteristic of the USA PATRIOT Act? Warrants are more sweeping in terms of geographical application. It subverts the Fourth Amendment Act and other constitutional rights. Most of its clauses have not been renewed due to widespread criticism. It puts law enforcement agencies at a disadvantage.

answer

Warrants are more sweeping in terms of geographical application.

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Rachael was arrested by the police on suspicion of possession of a controlled substance. She was informed of her Miranda rights. Rachael waived her right to remain silent and confessed to the crime after a brief period of police interrogation. Her confession is: admissible, according to Supreme Court precedent. inadmissible because it was obtained in violation of her Fourth Amendment rights. admissible, according to the "search incident to a lawful arrest" exception to Miranda. inadmissible because it was obtained in violation of her Fifth Amendment rights.

answer

admissible, according to Supreme Court precedent.

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"White-collar crime" is the term used to describe a wide variety of offenses committed by: the average working class. poor Americans. businesspersons. juveniles.

answer

businesspersons.

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The expansion of corporate criminal liability in imputing the criminal intent of employees to the corporation falls under the scope of: mens rea. presumption of innocence. Double Jeopardy. respondeat superior.

answer

respondeat superior.

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Under the principle of "Respondeat Superior," an employer is not liable for torts committed by employees. True False

answer

False

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Television and radio broadcasts usually are classified as slander rather than as libel because they involve spoken words rather than written ones. True False

answer

False

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Generally speaking, statements made during judicial proceedings are absolutely privileged and, therefore, shield against defamation liability. True False

answer

True

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Public figure Pam sues a newspaper for defamation based on statements regarding her stand on a public issue. Pam must prove the newspaper's "actual malice" in order to recover any damage. True False

answer

True

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The tort of malicious prosecution affords a remedy when the defendant mounted a wrongful and unjustifiable civil suit against the plaintiff. True False

answer

False

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In order to be liable for conversion, the defendant must know that the property rightfully belongs to someone else. True False

answer

False

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_____ is the failure to use reasonable care, with harm to another party occurring as a result. Assault Recklessness Negligence Liability

answer

Negligence

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What is the standard of proof that the plaintiff must satisfy in a tort case? Preponderance of the evidence Beyond-a-reasonable-doubt Benefit of assumption Burden of proof

answer

Preponderance of the evidence

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Melissa hurls a rock with the intention to hit Dave, with whom she has just fought. The rock hits Stacey, instead, who is sitting next to Dave. Melissa is liable for battery under the clause of: conversion. private nuisance. actual malice. transferred intent.

answer

transferred intent.

question

Which of the following is true about cases regarding the intentional infliction of emotional distress? All courts require that the plaintiff's emotional distress have physical manifestations. The plaintiff must be emotionally susceptible in order to recover. The plaintiff's emotional distress must be severe. The defendant should exhibit sufficiently unreasonable behavior for liability.

answer

The plaintiff's emotional distress must be severe

question

An essential element of the tort is that the alleged defamatory statement must be "of and concerning" the plaintiff. Why? It is extremely difficult to prove. It places a burden on the defendant. This aims to protect reputation. It concerns public figures.

answer

This aims to protect reputation.

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In general, liability for defamation requires: widespread communication of the defamatory statement. communication of the defamatory statement from the plaintiff herself. publication of the defamatory statement. the identification of the source of the defamatory statement.

answer

publication of the defamatory statement.

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A(n) ______ shields the author of a defamatory statement regardless of his/her knowledge, motive, or intent. demurrer transferred intent intentional tort absolute privilege

answer

absolute privilege

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Which of the following is an example of the privilege of statements made to protect or further the legitimate interests of another? Employment reference Intracorporate communications Accurate media reports Opinion polls

answer

Employment reference

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In which of the following cases is it most likely that a plaintiff will only have to prove negligence on the defendant's part to recover for defamation? Statements that a U.S. Senator had someone killed while in office. Statements that Madonna had someone killed. A statement that you or I murdered an innocent person during a robbery. A credit report on a construction contractor.

answer

A statement that you or I murdered an innocent person during a robbery.

question

Which of the following is least likely to create liability for the first form of invasion of privacy (intrusion on personal solitude or seclusion)? Using binoculars to look from your apartment into a neighbor's bedroom. Tapping someone's telephone, because this is a nonphysical intrusion. Examining someone's bank account. Examining public records concerning a person.

answer

Examining public records concerning a person.

question

Which of the following is most likely to involve both defamation liability and liability for putting a person in a false light? Saying that a philosopher favors Plato's philosophy over Aristotle's, when in fact the reverse is true. Falsely saying that an anti-abortion activist favors abortion. Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old. Signing a conservative Christian clergyman's name to a petition advocating greater sexual freedom for homosexuals.

answer

Falsely saying that an anti-abortion activist favors giving parents a right of infanticide for all children less than one year old.

question

_____ affords a remedy for the wrongful institution of criminal proceedings. Abuse of process Malicious prosecution Wrongful use of civil proceedings Deceit

answer

Malicious prosecution

question

Which of the following is most likely to be classed as a nuisance (rather than as a trespass to land)? Firing a machine gun through an adjoining landowner's airspace. Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land. Leaving smelly, unsanitary garbage on your ex-landlord's land after the expiration of your lease. Chasing another person onto an adjoining landowner's land.

answer

Allowing thick smoke from your manufacturing operations to continually drift over an adjoining landowner's land.

question

Which of the following is generally true regarding the tort of conversion? It involves both real property (land and interests in land) and personal property. As its name implies, conversion always involves the transformation of the plaintiff's property into something else--e.g., its destruction, alteration, etc. A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft. Conversion involves all interferences with the plaintiff's property rights--whether serious or nonserious.

answer

A defendant who buys or sells stolen property may be liable for conversion even if she does so in good faith and without knowledge of the theft.

question

In many cases, a blind person will be held to a different standard of reasonable care than a person who can see. True False

answer

True

question

Special duties that run from possessors of real estate to those who enter the property are called "premises liability" cases. True False

answer

True

question

Whatever the type of injury experienced by the plaintiff, the usual rule is that only punitive damages are recoverable in a negligence case. True False

answer

False

question

The "modified impact rule" does not require an element of direct physical contact. True False

answer

False

question

Negligent defendants are never liable for the consequences of an unforeseeable intervening cause. True False

answer

False

question

In a case involving an ultrahazardous or abnormally dangerous activity, the plaintiff must prove recklessness on the defendant's part. Any lower fault standard would be unfair to the defendant in such cases. True False

answer

False

question

Someone confronted with an emergency requiring rapid decisions and action need not employ the same level of caution and deliberation as someone in circumstances allowing for calm reflection and deliberate action. This exception reflects the consideration of _____ in a negligence case. personal characteristics context special duties negligence

answer

context

question

Which of the following enters a property with the possessor's consent but for his/her own purpose? Licensee Trespasser Invitee Attendee

answer

Trespasser

question

Jack had taken his girlfriend Jenny on a long drive. While driving on the highway, he suddenly had a severe headache and lost control of the car. They were hit by a passing car. The doctor had earlier warned Jack that he has a brain tumor, due to which he would experience occasional pains. Jenny sued Jack for negligence. Will she succeed? Yes, because Jack could reasonably foresee severe pain which might to lead to accidents. No, because Jack did not intend to cause an accident. Yes, because Jack caused the accident. No, because she should have sued the driver of the passing car which hit them

answer

Yes, because Jack could reasonably foresee severe pain which might to lead to accidents.

question

Today, trespassers who are injured while on someone else's land: never recover against the landowner in negligence. recover against the landowner in negligence only when this is permitted by statute. recover only when the possessor knows they are likely to trespass. recover only when the owner willfully and wantonly injures them after their presence is known.

answer

recover only when the possessor knows they are likely to trespass.

question

Catherine decided to have lunch at Tom's, one of the most popular restaurants in town. She ordered soup before her main course as usual. The soup served to Catherine contained a maggot floating about in it. Fortunately, she noticed this before she had it. She sued Tom's for negligence. The most likely result will be: Catherine will not win since she did not sustain any damages. Catherine will not win, as bones in clam chowder are foreseeable. Catherine will win if she proves emotional distress. Catherine will win because the restaurant failed to use due care.

answer

Catherine will not win since she did not sustain any damages.

question

The owner of a theatre negligently failed to install the requisite number of emergency exit. During the show of Shakespeare's Macbeth, one of the intoxicated viewers got carried away and burned himself. The entire hall was ablaze. There was only one emergency exit. Thus many people were killed in the stampede. Will the theatre owner be liable for negligence? No, because the intervening cause of an intoxicated viewer burning himself absolves the theatre owner's liability. No, because the viewer's reaction was completely unforeseeable by any reasonable man of ordinary prudence. Yes, because the harm was foreseeable and the owner cannot escape his liability. Yes, because though the harm was unforeseeable, the owner still cannot escape his breach of duty.

answer

Yes, because though the harm was unforeseeable, the owner still cannot escape his breach of duty.

question

Trioka Corp. owns an apartment complex at which break-ins and prior instances of criminal activity had occurred. However, no security-related measures have been adopted. As a result, a criminal intruder easily enters the complex and physically attacks a tenant. Which of the following is true regarding the case? Trioka has no liability for breach of duty. Trioka is liable only for actual cause. Trioka is liable only for proximate cause. Trioka is liable for proximate and actual cause.

answer

Trioka is liable for proximate and actual cause.

question

The doctrine of res ipsa loquitur can be translated as: "you may have the body". "to show, prove, or ascertain". "by what warrant". "the thing speaks for itself".

answer

"the thing speaks for itself".

question

_____ is the plaintiff's voluntary consent to a known danger. Contributory negligence Assumption of risk Comparative negligence Negligence per se

answer

Assumption of risk

question

What effect does the rule of res ipsa loquitur have in a negligence case? It creates a rebuttable presumption of breach of duty. It creates a non-rebuttable presumption of causation. It results in strict liability of the defendant. It results in strict liability of the plaintiff.

answer

It creates a rebuttable presumption of breach of duty.

question

Amtul and Hassan were involved in an automobile accident. Amtul's car, worth $10,000 was destroyed. Hassan suffered no personal injuries or property damage. The case went to the court and a jury determined that Amtul was 30% at fault and Hassan was 70% at fault. Under what legal theory would Amtul be able to recover $7,000 from Hassan? Contributory negligence Comparative negligence Negligence per se Res ipsa loquitur

answer

Comparative negligence

question

Patrick sues Derek for negligence. At the trial, it is determined that Patrick's negligence was 40% responsible for his injury, and Derek's negligence was 60% responsible. Patrick's losses total $10,000. Under a pure comparative negligence system, he will recover: nothing. $4000. $6000. $10,000.

answer

$6000.

question

The most important example of strict liability principles in modern legislation is: Road safety legislations Environmental acts Disabilities acts Workers' compensation acts

answer

Workers' compensation acts

question

Which of the following is a criticism of strict tort liability that has been witnessed in recent years? Increases in the frequency of punitive damage awards Greater costs imposed on defendants Impediment in the development of new products Greater imposition of strict liability

answer

Impediment in the development of new products

question

Which of the following is true of patents? Patents fall under the jurisdiction of state laws. Naturally occurring things are patentable. Abstract ideas are unpatentable. U.S. patent laws have changed since the mid-1990s

answer

U.S. patent laws have changed since the mid-1990s

question

How can a patentee transfer ownership of the patent to another party? Specification Assignment Delegation Infringement

answer

Assignment

question

Patent _____ occurs when a defendant, without authorization from the patentee, usurps the patentee's rights by making, using, or selling the patented invention. assignment licensing infringement violation

answer

infringement

question

The damages recoverable in a patent infringement case cannot be less than: court costs and interests. reasonable royalty for the invention by the creator. reasonable royalty for the use of the invention by the infringer. three times the damages actually suffered, and to be decided by the court.

answer

reasonable royalty for the use of the invention by the infringer.

question

Which of the following distinguishes a copyright from a patent? Copyrightable works need not be novel. Copyright law gives exclusive rights to the creator of a work. Copyright laws prevent others from using the work originally created by someone. There are proper copyright laws in the U.S.

answer

Copyrightable works need not be novel.

question

Which of the following is least likely to fall within the scope of what is protected by the copyright on the work in which it appears? The physical arrangement and ordering of pieces of factual information on pages in a reference book. The melody of a song. The dialogue spoken by actors in a TV commercial. The theme of a short story.

answer

The theme of a short story.

question

A copyright comes into existence upon the: creation and fixing of a protected work. creation of an idea. creation of a protected work. creation of a message.

answer

creation and fixing of a protected work.

question

Which of the following statements is true of copyright? Copyrights and patents last forever. There are different copyright rules for pre and post 1978 works. Congress enacts copyright rules under the WIPO. Copyrights for a work-for-hire last for 50 years.

answer

There are different copyright rules for pre and post 1978 works.

question

Which type of marks is most likely to be registered for trademark protection? Suggestive Arbitrary Descriptive Generic

answer

Arbitrary

question

Which of the following characterizes a trademark? It includes generic terms. It is easier to transfer trademark rights compared to patent rights. Federal registration of a trademark lasts for 10 years. Descriptive marks are protected on the basis of their primary meaning

answer

Federal registration of a trademark lasts for 10 years.

question

Goods lawfully bearing trademarks or using patents and copyrighted material but entering the American markets without authorization are called _____. counterfeit goods Shanzai goods black market goods gray market goods

answer

gray market goods

question

A trademark owner who wins an infringement suit may obtain a(n) _____ against uses of the mark that are likely to cause confusion. license assignment injunction writ

answer

injunction

question

Which of the following sometimes serves as an alternative to claims of trademark infringement? Trademark abandonment Trademark dilution Trademark protection Trademark disparagement

answer

Trademark dilution

question

A trade secret differs from a patent, in that, a trade secret: grants a monopoly to the creator. stimulates creative activity. is guarded by the creator. is nonpublic by definition.

answer

is nonpublic by definition.

question

A firm claiming a trade secret must show that it: took measures to ensure secrecy. gave adequate compensation for the work. has a license to produce the product. has enough research to back the product.

answer

took measures to ensure secrecy.

question

What is the main aim of commercial torts? To enable product creation for commercial purposes To provide immunity in cases of fraud To maintain standards of commercial morality To ensure smoother commercial negotiations

answer

To maintain standards of commercial morality

question

In case of conflict of ownership between employee and employer over a trade secret, the employer is normally held to be the owner when: the employee agreed to divulge or use trade secrets. other employees had no contribution in the work. the employee was hired to do work related to it. the employee was not given adequate compensation for the work.

answer

the employee was hired to do work related to it.

question

Which of the following is also termed slander of title or a trade libel? Defamation Injurious falsehood Copyright violation Plagiarism

answer

Injurious falsehood

question

The _____ that the plaintiff is required to prove are his usual—and typically his only—remedy in injurious falsehood cases. special damages statutory damages compensatory damages punitive damages

answer

special damages

question

Which of the following characterizes section 43 (a) of the Lanham Act? It is a consumer remedy. It addresses everything except advertisements. It is available only to commercial parties. It creates a state law of unfair practices.

answer

It is available only to commercial parties.

question

One requirement of a joint tenancy is that the co-owners must be married. True False

answer

False

question

In community property states, land acquired during marriage will be deemed community property. True False

answer

False

question

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change. True False

answer

True

question

In order to acquire title to property by adverse possession, the adverse possessor must continually use the property for a statutorily prescribed period of time. True False

answer

True

question

An exclusive right to sell listing means that a broker receives a commission on a sale of the property even if the seller found the buyer. True False

answer

True

question

Alex has executed a deed in favour of Baxter which conveys in his favour whatever title he has at the time he executes the deed. This deed is called a warranty deed. True False

answer

False

question

A policy which obligates the grantor for reimbursing to the grantee for loss, if the title proves to be defective is called the policy of abstract title. True False

answer

False

question

A warranty that amounts to a guarantee that house is free of latent defects that would render it unsafe or unsuitable for human habitation is called implied warranty of habitability. True False

answer

True

question

Which of the following factors is most significant in determining whether an item of personal property has become a fixture? The extent of injury to the property by its removal. The value of the item. Actual physical attachment to real property. The buyer of the item.

answer

The extent of injury to the property by its removal.

question

Which of the following characterizes a tenancy in common? Each tenant has equal right to possess and use the property. The tenants must be a married couple. It grants the right of survivorship. Tenants are not allowed to divide the property.

answer

Each tenant has equal right to possess and use the property.

question

Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death? License Easement Fee simple absolute Profit

answer

Fee simple absolute

question

Which of the following requires tenants to be married to each other? Tenancy in partnership Tenancy in common Joint tenancy Tenancy by the entirety

answer

Tenancy by the entirety

question

Mary wants to buy an apartment in a building that is owned by ABC Corporation. Mary then purchases stock in ABC Corporation and holds her apartment under a proprietary lease. Under which ownership has Mary acquired title to such an apartment? Condominium Ownership Co-ownership in form of tenancy in partnership Ownership acquired by gift Cooperative Ownership

answer

Cooperative Ownership

question

In order to create an easement by prescription a person must, in addition to fulfilling other requirements, have: recorded the easement immediately upon its creation. received the express or implied consent of the true owner. used the land of another out of necessity. used the land of another openly, continuously, and adverse to the owner's rights.

answer

used the land of another openly, continuously, and adverse to the owner's rights.

question

When taxes assessed on real property are not paid when due, they become a(n) _____ on the land. easement lease loan lien

answer

lien

question

Lisa lives next to a vacant plot that belongs to Carol. Carol has never visited the plot in the last 20 years during which period, Lisa has taken care of it by fencing the plot and mowing the grass. If this continues, Lisa will be able to claim ownership of land based on: easement. a quitclaim deed. adverse possession. fee simple absolute.

answer

adverse possession.

question

Sally seeks to list her home with Barry, a real estate broker. Sally and Barry agree that Barry will receive a commission if the home sells within 90 days, regardless of who actually causes the sale of the property. Sally and Barry have a(n): open listing contract. exclusive agency contract. exclusive right to sell contract. restrictive covenant contract.

answer

exclusive right to sell contract.

question

A purchaser of real property who wishes to receive the broadest protection with respect to the property being conveyed should obtain a: bargain and sale deed. general warranty deed. quitclaim deed. recorded deed.

answer

general warranty deed.

question

Which of the following convey whatever title the grantor has at the time he executes the deed but do not contain warranties of title? Grant deeds Quitclaim deeds Special warranty deeds General warranty deeds

answer

Quitclaim deeds

question

Which of the following is true of zoning ordinances? They are issued only by federal authorities. There are no remedies against them. They stem from the power of eminent domain. They regulate the use of real property.

answer

They regulate the use of real property.

Business Law I – BA A241- Midterm- UAA – Flashcards

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