Business Unit Test 1 – Flashcards
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TRUE OR FALSE: A violation of the duty need not be proved before the injured party can collect damages.
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False
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TRUE OR FALSE: Money damages received as a result of a tort is intended to compensate for the injury.
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True
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TRUE OR FALSE: When there is a jury, the judge decides the issues of both law and fact.
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False
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TRUE OR FALSE: Answers are typically filed in order to call defendants to court.
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False
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TRUE OR FALSE: All torts require that the defendant intended to injure the plaintiff.
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False
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TRUE OR FALSE: Most tort duties are defined by state law.
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True
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TRUE OR FALSE: A causal connection between the duty and the breach of the duty is called causation.
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False
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TRUE OR FALSE: Battery and negligence are intentional torts.
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False
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TRUE OR FALSE: Contributory negligence is a defense to the tort of negligence.
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True
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TRUE OR FALSE: Punitive damages are always available where an intentional tort has been committed.
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True
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TRUE OR FALSE: The laws, or enforceable rules of conduct in a society, do not reflect the culture and circumstances that create them.
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False
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TRUE OR FALSE: Laws in this country are created only at the federal and state levels of government.
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False
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TRUE OR FALSE: The Supreme Court of the United States is the final interpreter of the federal Constitution.
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True
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TRUE OR FALSE: The world's two great systems of law are the English common law and the Napoleonic Code.
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False
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TRUE OR FALSE: Ethical reasoning about right and wrong is based solely on consequences.
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False
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TRUE OR FALSE: Administrative agencies are usually controlled by the judicial branch of the government.
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False
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TRUE OR FALSE: The goal of civil disobedience is to advance self interest of one group over another.
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False
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TRUE OR FALSE: The system of law in the United States is based on the English common law.
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True
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TRUE OR FALSE: The doctrine of STARE DECISIS requires lower courts to follow established case law in deciding similar cases.
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True
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TRUE OR FALSE: In the United States today, law courts and equity courts generally are merged.
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True
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TRUE OR FALSE: In the state court system, it is the marshal's duty to summon witnesses and keep order in the court.
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False
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TRUE OR FALSE: When a decision is made by a mediator, it is binding on the parties to the dispute.
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False
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TRUE OR FALSE: The United States Supreme Court has original jurisdiction over all cases in this country.
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False
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TRUE OR FALSE: Appellate courts usually decide whether there were errors of law and errors of fact in the trial.
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False
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TRUE OR FALSE: There are thirteen federal courts of appeal.
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True
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TRUE OR FALSE: The state legal system, as well as the federal, has three branches of government.
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True
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TRUE OR FALSE: The state supreme courts issue the final decision on all matters of law appealed to them.
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False
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TRUE OR FALSE: Any records made on juvenile cases are open to the public.
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False
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TRUE OR FALSE: Minor individual suits would not often be heard if not for the small claims court.
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True
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TRUE OR FALSE: The goal of juvenile courts is to match the punishment with the crime.
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False
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TRUE OR FALSE: The three elements of most crimes are the duty, the breac of duty, and the criminal intent.
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True
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TRUE OR FALSE: Generally, all the jurors must vote for conviction before a person can be convicted of a crime
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True
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TRUE OR FALSE: The existence of a duty in criminal law is usually proved in court by the testimony of an expert witness.
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False
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TRUE OR FALSE: The prosecution and the defense may issue a subpoena.
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True
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TRUE OR FALSE: A person released on his or her own recognizance must post a bond.
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False
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TRUE OR FALSE: Itis not a crime to buy property that you know has been stolen.
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False
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TRUE OR FALSE: A Miranda warning must be issued for most confessions to be valid.
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True
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TRUE OR FALSE: A grant of immunity can eliminate a person's right to refuse to testify on the grounds of self incrimination.
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True
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TRUE OR FALSE: What is a crime for an adult is juvenile delinquency as a minor.
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True
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TRUE OR FALSE: An expert witness performs the cross-examination.
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False
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A tort is an offense against an...
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Individual
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Which of the following is not an element of most torts?
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Conspiracy
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Which of the following compels a witness to appear in court and testify?
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Subpoena
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A threat with an apparent ability to do immediate injury is referred to as an...
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Assault
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An unlawful or harmful touching is called...
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Battery
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In a jury trial, who decides the issues of fact?
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Jury
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A complete defense for slander and libel must show that the statement is...
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True
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A converter may be a...
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A thief and the innocent buyer of stolen goods.
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Which of the following is not a defense to the tort of negligence?
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Fraud
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Which of the following would probably not be considered strict liability?
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raising tulips
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The document that sets forth the framework of a government and its relationship to the people it governs is a...
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Constitution
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How many distinct stages do most societies go through in forming their legal systems?
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Four
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When dealing with institutions, being impartial means...
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Considering how the people behind the institution are affected by our actions.
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Which of these is based on the current standards or customs of the people?
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common law
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Which of these is dictated from above by a sovereign or other central authority?
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positive law
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Which of the following will the police investigate?
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criminal matters
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With fundamental ethical rules, the standard for judging usually comes from...
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Human reasoning
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Laws made by administrative agencies are often called...
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Standards (guidelines)
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Consequences based ethics is most often reflected in our legal system through our...
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Court decisions
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Business law greatly affects...
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Business firms and consumers
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A court may...
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Impose punishment, award damages, and grant appropriate relief.
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Who of the following makes decisions that bind the parties to a dispute?
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Arbitrator
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Negotiating a settlement between injured parties without going to court may include...
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An arbitrator and a mediator
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Courts that administer wills and estates are called...
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Probate courts
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Municipal courts are usually divided into...
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Criminal divisions and traffic divisions
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Which of the following courts has its jurisdiction limited by the amount of money involved in the litigation?
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Small claims court
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Appellate courts...
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Examine transcripts
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The Federal District Courts have original jurisdiction over...
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Lawsuit between citizens of different states and federal questions
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The state Court of Appeals has a panel of...
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No more than three judges
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The court system consisting of trial courts, appellate courts, and the Supreme Court is found at...
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Both the state and federal level
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What is the standard of proof in a criminal case?
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Proof beyond a reasonable doubt
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What is the age in which one is considered capable of criminal intent by the statutes of most states?
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14
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Why would a defendant accept a plea bargain?
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To avoid the risk of being convicted of a more serious offense
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Criminal intent generally means that the defendant...
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Intended to do evil and intended to commit the act
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Vicarious criminal liablity refers to...
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Corporations
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Which of the following is not a constitutional right of an accused?
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The right to a private cell while in jail
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What can the government do to compel a witness to testify after she or he has asserted the right against self-incrimination?
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Grant immunity
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Which of the following would not create a procedural defense?
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The establishment of an alibi
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White collar crimes...
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Do not cause injury to people
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Which of the following is the best definition of contempt of court?
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Actions that interfere with the administration of justice
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Shortly after his or her arrest, the defendant is brought before the court in the proceeding called an...
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Arraignment
