Ba 230 Final

Front 1

tf common law is a body of cases decided by legislatures?

Back 1

f

Front 2

tf the primary sources of contemporary law are: constitutions; statutes; common law; and administrative law.

Back 2

t

Front 3

society is hurt when business managers behave unethically?

Back 3

f

Front 4

in making an ethical decision, the decision maker should determine the facts, firsthand, from the people involved

Back 4

t

Front 5

asking the following question: "which alternative causes the greatest good to the most people?" is one way of considering the ethical implications of alternative actions

Back 5

T

Front 6

one consideration in the ethical checklist in the textbook is questioning what kind of world it would be if everyone behaved according to this alternative

Back 6

T

Front 7

Sandra sued her employer, cape inc., claining that she was sexually harassed on the job. This is a criminal lawsuit?

Back 7

F

Front 8

procedural law establishes the process for settling disputes

Back 8

t

Front 9

wilfred was driving to fast for icy road conditions and hit sally's car. Sally can sue wilfred in criminal court

Back 9

f

Front 10

the principle that precedent is binding on later cases is stare decisis

Back 10

T

Front 11

the law of which country provides the roots for US law?

Back 11

england

Front 12

the occupational safety and health administration promulgated a rule requiring guards for hand-fed circular crosscut table saws. The purpose of the guards is to keep employees clear of danger. This rule is:

Back 12

administrative law

Front 13

common law refers to law made when

Back 13

judges decide cases and then follow those decisions in later cases

Front 14

all powers not granted to the federal government by the US constitution are retained by

Back 14

the states or the people

Front 15

a law that violates the US constitution is

Back 15

invalid

Front 16

The federal judicial branch of the US government does what

Back 16

interpret statues

Front 17

stakeholders are all of the people potentially affected by a decision. The list of stakeholders can include? SSC

Back 17

shareholders, subordinates, and the community in which the business operates

Front 18

The utilitarian approach to ethical decision making is to ask the following question

Back 18

which alternative causes the greatest good to the most people

Front 19

the a used care salesman tells tim, "this is by far the best car you can buy for under 3 g" the salesman knows that for 3000 tim could buy a much better car. the salesman conduct is

Back 19

unethical

Front 20

Yersinia enterocolitica

Back 20

Mimics Crohn's or appendicitis

Transmitted by pet feces, milk, pork

Outbreaks in day care centers

Front 21

summary judgment is appropriate when there are no essential facts in dispute

Back 21

t

Front 22

if parties to a dispute agree to bring in a neutral third party with the power to impose an award without going to court, the parties are using the alternative dispute resolution process of mediation

Back 22

f

Front 23

an appeals court must either affirm or reverse and remand the trial court's decision

Back 23

f

Front 24

the US has more than 50 court systems

Back 24

T

Front 25

primary methods of alternative dispute resolution include litigation and mediation

Back 25

f

Front 26

in order for a fed court to have jurisdiction, there must be a fed question involved and at least $75000 in dispute

Back 26

f

Front 27

during a deposition, a potential witness or a party must generally answer questions under oath

Back 27

t

Front 28

briefs are part of the pleadings in a civil case

Back 28

f

Front 29

in a civil trial for money damages, either party generally has the right to demand a jury trial

Back 29

t

Front 30

3 advantages to alternative dispute resolution

Back 30

keeps parties talking instead of fighting, less expensive than litigation, and faster

Front 31

after answering a summons and complaint, mike received a set of written questions from the plaintiffs attorney. what discovery technique is this

Back 31

interrogatories

Front 32

an inmate in a state prison claims his us constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. this is a federal case, who has jurisdiction

Back 32

federal courts

Front 33

roxanne was injured when she fell in a hole while walking across her landlords parking lot. she and her lawyer hope they can settle the claim. when can this case be settled outside of court

Back 33

anytime

Front 34

the most accurate statement regarding appelate courts is: appellate courts generally accept the _______ _______ of the trial court

Back 34

factual findings

Front 35

Roberto sued monica for injuries received in a traffic accident. If monica does not respond to the complaint and summons served by roberto within the prescribed time limits, roberto may obtain a

Back 35

default judgment

Front 36

The fastest growing method of dispute in the US is

Back 36

mediation

Front 37

jurisdiction is the power of a court to

Back 37

decide a particular case

Front 38

Tony fell and injured himself in a store thats incorporated in delaware. Tony lives in and was injured in the arizona store. Tony's damages exceed 80000. Where can he file lawsuit

Back 38

either AZ or a federal district court

Front 39

who has jurisdiction based upon a federal question including the constitution, a federal treaty, or fed statute

Back 39

federal court

Front 40

during a deposition, a potential witness or a party must generally answer questions under oath

Back 40

T

Front 41

a prospective juror was excused from serving after being questioned by the plaintiffs attorney. No reason was given for the rejection. This would be accomplished by the use of a challenge for cause?

Back 41

F

Front 42

summary judgment is appropriate when there are no essential facts in dispute

Back 42

T

Front 43

after being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an affirmative defense

Back 43

f

Front 44

a summons along with a copy of the complaint, is served on a defendant

Back 44

t

Front 45

the trier of fact can be either a judge or a jury

Back 45

t

Front 46

by creating three independent branches of the fed government, the us constitution limited the fed gov't power

Back 46

t

Front 47

generally, constitutional restrictions apply only to governmental actions

Back 47

t

Front 48

congress may regulate any activity that has a substantial economic effect on interstate commerce

Back 48

t

Front 49

judicial review is the power of the fed courts to declare a statute or governmental action unconstitiutional and therefore void

Back 49

t

Front 50

after ansering a summons and complaint, mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. this discovery technique is called

Back 50

interrogatories

Front 51

which of the following are discovery methods? interrogatories, request for admissions, physical or mental examination

Back 51

all of the above

Front 52

roberto sued monica for injuries received in a traffic accident. If monica does not respond to the complaint and summons served by roberto within the prescribed time limit, roberto may obtain a

Back 52

default judgement

Front 53

when an appellate court hears a case it may either be affirmed, reversed, or modified?

Back 53

all of em

Front 54

after the plaintiff has presented her case, the defendant may be granted a

Back 54

direct verdict

Front 55

a civil case generally proceeds as follows? CADTJ

Back 55

complaint, answer, discovery, trial, judgment

Front 56

a us district court is- a small claims court, primary fed trial court, or an appellate court

Back 56

none

Front 57

if there is a conflict between a state and federal law, generally the fed law will prevail because of the

Back 57

supremacy clause

Front 58

the primary source of fed power to regulate business is the

Back 58

commerce clause

Front 59

the constitutional protections do NO apply to

Back 59

acts of state government

Front 60

one of the rules made by the federal trade commission prohibits telemarketers from calling a persons residence at any time other than between 8 am and 9 pm. this legislative rule has the same effect as law/?

Back 60

T

Front 61

administrative agencies use three kinds of power to do their work: they make rule, investigate, and hear cases on those rules

Back 61

t

Front 62

professor jones accuses rachel, a senior at a large state university, of cheating. Rachel has a property interest in her education at the university, and she is not entitiled to due process if the university threatens to expel her

Back 62

F

Front 63

the fifth amendment of the constitution provides tom, an employee of atkers paper co., due process protection from being fired without a hearing by a neutral fact finder

Back 63

f

Front 64

the commerce clause does not always invalidate a state law if that state law has a legitimate purpose

Back 64

t

Front 65

burning the US flag is considered symbolic speech

Back 65

t

Front 66

judicial review is the power of the fed courts to declare a stature or governmental action unconstitutional and therefore void

Back 66

t

Front 67

it is easier for the government to regulate commercial speech than political free speech

Back 67

t

Front 68

a rule of an administrative agency has the same legal effect as a statutory law created by congress

Back 68

t

Front 69

the takings clause prevents the government from taking private property without fair compensation

Back 69

T

Front 70

governments can place no restrictions on the exercise of free speech

Back 70

f

Front 71

generally, a trial before an administrative agency is conducted by

Back 71

an administrative law judge

Front 72

if there is a conflict between a state and fed law, generally the fed law will prevail because of the

Back 72

supremacy clause

Front 73

the primary source of fed pwoer to regulate business is the

Back 73

commerce clause

Front 74

the 14 amendment's equal protection clause, " strict scrutiny" test will be used when the classification differentiates on the basis of

Back 74

race

Front 75

this refers to a grouping of individual rights set forth by the US supreme court shortly after the constitution was ratified by the states

Back 75

bill of rights

Front 76

who has exclusive power to regulate international commerce

Back 76

fed govt

Front 77

a law that prohibits out-of-state residents from using a state's parks violates the constitutions

Back 77

equal protection clause

Front 78

fundamental rights include all but- right to drive, vote, free speech, and travel

Back 78

drive

Front 79

opinion is generally a valid defense in a defamation lawsuit because it cannot be proven to be true or false

Back 79

t

Front 80

in order for a plaintiff to win a case involving intentional infliction of emotional distress, she must prove the defendant acted in a extreame and outrageous manner

Back 80

t

Front 81

a defendant's action cannot be both a tort and a crime

Back 81

f

Front 82

inorder to win a case for tortious interference with a contract, a plaintiff must establish that the defendant knew of the contract and that there was injury to the plaintiff

Back 82

t

Front 83

a defendant who engages in an ultra hazardour activity is liable for any harm that results from the activity

Back 83

t

Front 84

res ipsa loqqquitur shifts the burden of proof from the plaintiff to the defendant

Back 84

t

Front 85

most states recognize some form of comparative negligence

Back 85

t

Front 86

negligence is an intentional tort

Back 86

f

Front 87

the two main areas of business that incur strict liability are ultrahazardous activity and trespass

Back 87

f

Front 88

courts apply a reasonable person standard to a negligence case in determining breach of duty of care

Back 88

t

Front 89

a magazine published an article about a tv star, she says the info is not correct, if she sues, she will need to show what

Back 89

either they knew the story was fals or acted with reckless disregard of the facts

Front 90

brian and lee are competing for a promotion at trevit inc. lee sends an email to their supervisor, falsely stating that brian was stealing. this statement does what to brian

Back 90

defame him

Front 91

a company that makes a commercial with a person who does an excellent, realistic job of pretending to be a famous star could be sued on what basis

Back 91

commercial exploitation

Front 92

angela sued tom for battery. she was awarded 30 . five years later she sued for 30 more. who wins

Back 92

tom

Front 93

arturo drove through an intersection without looking and hit tim's car because he didn't stop at a sign. arturo sued. the jury found that arturos fault contributed to 20 % of the total 1000000 suit. he gets

Back 93

80 g

Front 94

negligence concerns harm that arises by

Back 94

accident

Front 95

a customer in a restaurant would be considered a

Back 95

invitee

Front 96

whats comparative negligence?

Back 96

in states that recognize it, they determine the % of responsibility and divide the lawsuit

Front 97

consideration in contract law means that both parties must contemplate the other person's interests

Back 97

f

Front 98

robert offers to buy a car from jane for 400. jane must accept this offer in ordr to form an enforceable contract

Back 98

t

Front 99

under the laws of most states, a corporation cannot be held criminally responsible

Back 99

f

Front 100

a crime is always a violation of statutory law

Back 100

t

Front 101

actus reus means the "guilty act"

Back 101

t

Front 102

I tell you that if you promise to paint my house this month, i'll pay you 1000 when you finish the job. if you accept, this is a unilateral contract

Back 102

f

Front 103

the parties to a criminal trail are the government and the defendant

Back 103

t

Front 104

the elements of a contract are agreement, consideration, legality, and capacity

Back 104

t

Front 105

when measure in dollars, street crime costs society more than white than white collar crime

Back 105

f

Front 106

shoplifting is a common type of larceny

Back 106

t

Front 107

the burden of proof required in a criminal case is

Back 107

beyond reasonable doubt

Front 108

jerry offers to shovel the snow from ben's driveway for 25. be replies OK. this is an example of what kind of contract

Back 108

an express bilateral contract

Front 109

the fraudulent conversion of property which is already in the defendant's possession is

Back 109

embexxlement

Front 110

roger assaulted jim in a tavern, causing medical expenses and lost wages.roger can be prosecuted by

Back 110

the state for criminal charges and jim may sue for money damages

Front 111

whats the primary purpose of rico?

Back 111

to be a tool against organized crime

Front 112

a misdemeanor is distiguished from a felony based upon?

Back 112

the length and place of possible imprisonment

Front 113

eric was charged with attemtped murder. His defense was that he was insane at the time of the act. a jury accepted erics defense. eric will

Back 113

be declared guilty, but will have to serve his sentence in a mental hospital rather than in prison

Front 114

contracts for the sale of fabric, automobiles, computers, furniture, and paper clips would all be governed by article 2 of the UCC

Back 114

T

Front 115

a quasi contract is the same as an oral contract

Back 115

f

Front 116

when promissory estoppeel is used by the courts it can be because there is not an enforceable contract present

Back 116

t

Front 117

an unconscionable contract is one that the court refuses to enforce because of fundamental unfairness

Back 117

t

Front 118

to be valid, an agreement not to compete must be related to a legitimate bargain

Back 118

t

Front 119

a contract voidable because of capacity may only bee canceled by the party lacking capacity

Back 119

t

Front 120

if a salesperson ssays, this car is great, but the car isn't he's commited fraud

Back 120

f

Front 121

contract rescission cannot be based upon a unilateral mistake

Back 121

f

Front 122

the UCC governs contracts for the sale of

Back 122

goods

Front 123

the courts will find an implied contract when conduct of the parties indicates the

Back 123

intended the agreement

Front 124

Dick offered to sell jane his 55 thunderrbird convertible. Before jane can accept the offer, lightning strikes the car and it is totally destroyed. Which of the following is true?

Back 124

offers terminated

Front 125

seller is not responsible for property damage regardless of the cause of injury, this is an example of the

Back 125

exculpatory clause

Front 126

megan agrees to sell neff her quartz watch but they do not specify a price. in such a case, the court would enforce the agreement even though price is missing?

Back 126

t

Front 127

most contract rights are assignable

Back 127

t

Front 128

the ucc applies to conttract for the sale of goods even if then value of the goods is less than 500

Back 128

T

Front 129

dr. gonzalez ordered specialized surgical equipment from a company, but his order was not delivered by the agreed date. gonzalez must mitigate damages even though he did not breech the contract

Back 129

t

Front 130

char glo industries contracted with evergreen lawn service to mow and trim the company's lawn. in the contract, char glo included a clause prohibiting evergreen from delegating its duties. Ordinarily courts will enforce a delegation clause

Back 130

t

Front 131

elizabeth worked as a salesperson in a carpet store. she was in the process of divorcing her husband and needed some money. elizabeth sold her wedding ring. elizabeth is not considered a merchant with regard to the sale of the ring

Back 131

t

Front 132

a product liability case may be brought in warrant, negligence, or strict liablility, but it must have the element that a person or business has been hurt by goods

Back 132

t

Front 133

costs to rent a vehicle for a short period of time after an auto dealer fails to deliver a purchased vehicle would be

Back 133

incidental damages.

Front 134

this warranty provides that the goods will be fit for the ordinary purposes for which they are used?

Back 134

merchantability

Front 135

robert hired james, a cpa, to prepare his tax returns. james was too busy and delegated the work to sara, also a cpa. this delegation is.

Back 135

not enforceable, as robert hired james, not sara

Front 136

A partnerships is not a separate, taxable entity

Back 136

t

Front 137

limited liability is a major advantage of a corp as compared to a partnership

Back 137

t

Front 138

no filings are required by a limited partnership

Back 138

f

Front 139

the main advantages of a sole proprietorship are that it is easy and inexpensive to create and operate

Back 139

t

Front 140

unless the partnership agreement states otherwise, partnerrs sharre profits and losses in the ssame proportion as their initial financial investment to the partnership

Back 140

f

Front 141

the most common form off business is thhe sole propritorrship

Back 141

t

Front 142

a limited liability company is virtually identical to a S corp

Back 142

f

Front 143

the business form that is taxed as a partnership and gives all owners limited liability

Back 143

llc

Front 144

the fform of business ownership that is the most easily transferable is the

Back 144

corp

Front 145

charles and ellen an unmarried couple run a ice cream store. the business has not filed any organizational papers with the state. their business is a

Back 145

partnership