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90 Cards in this Set
- Front
- Back
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The system of different powers in different branches of government is known as:
a. supremacy. b. the Bill of Rights. c. a system of checks and balances. d. a dictatorship. |
c. a system of checks and balances.
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Under the commerce clause, the federal government has the right to regulate any area of business:
a. that the states do not regulate. b. so long as international trade is involved. c. that affects interstate commerce. d. except local business. |
c. that affects interstate commerce.
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Under the U.S. Constitution, states can regulate interstate commerce:
a. if the regulation benefits outweigh the burden on interstate commerce. b. only if there is no federal regulation in the area. c. if there is international trade involved. d. but the regulations will apply only to companies headquartered in their state. |
a. if the regulation benefits outweigh the burden on interstate commerce.
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Which of the following is NOT true concerning state taxation of interstate businesses?
a. The state can tax when there is a sufficient nexus between the business being taxed and the state. b. The state can impose higher taxes on out-of-state companies. c. The tax must be fairly apportioned. d. The state tax cannot unduly burden interstate commerce. |
b. The state can impose higher taxes on out-of-state companies.
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The Supremacy Clause provides Congress with its exclusive regulatory authority:
a. over business activities. b. over taxation. c. under the doctrine of preemption. d. over police power matters. |
c. under the doctrine of preemption.
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The standards for regulation of commercial speech:
a. are different from the standards for protection of individual speech. b. permit no regulation of advertising. c. do not permit limitations on books by criminals about their crimes. d. do not distinguish commercial political speech from advertising. |
a. are different from the standards for protection of individual speech.
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The right of a government to take title to property for public use:
a. is prohibited under the Fifth Amendment of the U.S. Constitution. b. is prohibited unless a public building will be constructed on the property taken. c. requires just compensation. d. does not include any restrictions on regulations and restrictions on use of land. |
c. requires just compensation.
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Which of the following is NOT commercial speech?
a. business liquor ads b. business ads touting the philanthropic efforts of a corporation c. credit terms in an ad d. business ads in support of a tax resolution going before voters |
d. business ads in support of a tax resolution going before voters
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Which of the following is NOT included in the Bill of Rights?
a. separation of powers of the branches of government b. freedom of speech c. due process d. unlawful searches and seizures |
a. separation of powers of the branches of government
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The state of Illinois has passed a new statute that requires all commercial trucks using the Illinois roadways to be equipped with a new form of bumper that can reduce fatalities in the event of a head-on crash with a passenger vehicle. The bumpers, however, reduce speed and increase the use of fuel, thereby increasing the cost of transport via commercial truck. Most trucking companies simply stop at the Illinois border and install the Illinois bumpers over their existing bumpers. If a commercial trucking firm wished to challenge the Illinois statute, the best theory to use would be:
a. violation of the First Amendment. b. the burden on interstate commerce. c. substantive due process under the 14th Amendment. d. right to privacy. |
b. the burden on interstate commerce.
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Which is not a requirement for a taking by eminent domain?
a. public purpose b. just compensation c. preemption |
c. preemption
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Procedural due process:
a. is the same as substantive due process. b. is the right to be heard before property or rights are taken away. c. is included in the Supremacy Clause. |
b. is the right to be heard before property or rights are taken away.
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Disparate treatment is permitted under the Fourteenth Amendment only if:
a. the takings clause allows it. b. there is a religious-based distinction. c. there is a rational basis for it. |
c. there is a rational basis for it.
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Which is not a branch of government established by the U.S. Constitution?
a. judicial branch b. state branch c. congress |
b. state branch
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The first ten amendments to the U.S. Constitution are known as:
a. the Supremacy Clause. b. the Preemption Clause. c. the Bill of Rights. |
c. the Bill of Rights.
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The Commerce Clause gives the federal government authority to regulate commerce:
a. only when the states have not. b. between the states, and internationally. c. by treaty only. |
b. between the states, and internationally.
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States can regulate interstate commerce as long as:
a. they have obtained Congressional approval. b. the regulation affects only domestic corporations. c. the regulation is part of their police power and is reasonable. |
c. the regulation is part of their police power and is reasonable.
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A state statute is not preempted:
a. when the state law conflicts with federal law. b. when the Constitution specifically states the federal authority in an area. c. if the state statute adds to federal protections, without being unconstitutional. |
c. if the state statute adds to federal protections, without being unconstitutional.
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Commercial corporate speech differs from political corporate speech in that:
a. commercial corporate speech enjoys greater First Amendment protection. b. political corporate speech enjoys greater First Amendment protection. c. commercial corporate speech cannot be regulated. |
b. political corporate speech enjoys greater First Amendment protection.
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Which amendment to the U.S. Constitution does not include criminal procedural protections?
a. First Amendment b. Fourth Amendment c. Sixth Amendment |
a. First Amendment
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T/F
The U.S. Constitution established two branches of government. |
False
The U.S. Constitution establishes three branches of government, the legislative, the executive, and the judicial branches. |
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T/F
The Bill of Rights consists of 27 amendments. |
False
The Bill of Rights consists of the first ten amendments. |
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T/F
The Commerce Clause places restrictions on the extent of both federal and state regulation of commerce. |
True
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T/F
A state has no power to tax a foreign corporation on sales within its state. |
False
Congress allows states to regulate the field in some cases. |
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T/F
Whether state regulation of a particular area has been preempted by federal law is a question of fact, interpretation and legislative history. |
True
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T/F
The First Amendment permits regulation of ads for truth. |
True
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T/F
Commercial speech has the same level of First Amendment protection as political and individual speech. |
False
Commercial speech is not an absolute freedom; rather, the benefits of a commercial speech are to be weighed against the benefits achieved by government regulation of that speech. |
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T/F
A city could condemn property with slum housing and take it for use in the revitalization project for its downtown area. |
True
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T/F
The procedural due process protections in the U.S. Constitution require that a trial be held before a student can be expelled from school. |
False
The student has a right to be heard, but a trial is not a requirement. |
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T/F
Disparate treatment is constitutional if there is a rational basis for it. |
True
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Which of the following people would be required to prove malice for a libel action against a newspaper?
a. the president of a local rotary b. a grade school principal c. Pamela Anderson d. your boss |
c. Pamela Anderson
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A newspaper published the following report, "Jimmy the Squid committed 12 murders from 1991-1995 and is a cocaine addict." Mr. Squid is indeed a cocaine addict and the 12 murders have been established at trial by DNA evidence and a jury verdict.
a. The report is both defamatory and libelous. b. The report is defamatory but not libelous. c. The report is neither defamatory nor libelous. d. The report is not defamatory but it is libelous. |
c. The report is neither defamatory nor libelous.
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For the shopkeeper's privilege to apply:
a. the merchant must have had reason to believe a shopper has taken something and must be detained for a reasonable amount of time. b. the shopper who is detained must have actually shoplifted something. c. there must be an actual arrest of the detained shopper. d. there must not have been false imprisonment. |
a. the merchant must have had reason to believe a shopper has taken something and must be detained for a reasonable amount of time.
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Which of the following torts generally arises in the course of debt collection activities?
a. negligence b. intentional infliction of emotional distress c. strict tort liability d. appropriation |
b. intentional infliction of emotional distress
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Jane ran a red light and had a collision with another car in the intersection. The driver of the other car was injured and her car damaged. Jane:
a. is not liable if the other driver was speeding. b. is not liable because the other driver assumed the risk. c. will be liable for her negligence. d. is liable under strict tort liability. |
c. will be liable for her negligence.
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The BMW of North America v. Gore case, decided by the U.S. Supreme Court:
a. refuses to interfere with the amount jurors award plaintiffs in cases. b. involved a product liability issue. c. established express damage limitations. d. places limitations on the amount of verdicts. |
d. places limitations on the amount of verdicts.
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Ira has just rented ice skates for skating at the pond at Sun Lakes Ski Resort near Vail. On his rental receipt is the following language in large, bold type: Sun Lakes Ski Resort is not responsible for injuries occurring while you use these skates. Ice skating is a dangerous activity that requires skill and can result in injuries when you are unfamiliar with skating and conditions.
a. The disclaimer is effective for limiting the liability for assumption of risk with regard to skating. b. The disclaimer eliminates Sun Valley's liability for defective skates. c. The disclaimer is illegal. d. The disclaimer eliminates all liability of Sun Valley, whether the injury is caused by skating or skates. |
a. The disclaimer is effective for limiting the liability for assumption of risk with regard to skating.
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Brad Pitt has filed suit against an Internet company for using a photo of him on its web site. The basis for Mr. Pitt's complaint is:
a. negligence. b. intentional infliction of emotional distress. c. appropriation. d. assumption of risk. |
c. appropriation.
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Which of the following is NOT a form of tort?
a. negligence b. strict liability c. intentional torts d. mens rea |
d. mens rea
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The duty standard for the tort of negligence is:
a. strict liability. b. reasonably ordinary and prudent person. c. an established premeditated intent to do harm. d. cautious, prudent and trained individual. |
b. reasonably ordinary and prudent person.
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Inducing another to break a valid contract is the tort of:
a. appropriation. b. contract interference. c. false imprisonment. |
b. contract interference.
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Which of the following is not part of the tort of invasion of privacy?
a. false imprisonment b. public disclosure of private facts c. appropriation of another's name |
a. false imprisonment
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Which of the following is not an element of negligence?
a. breach of duty b. causation c. intent d. proximate cause |
c. intent
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Offering false information about a former employee's integrity would be the tort of:
a. negligence. b. appropriation. c. defamation. |
c. defamation.
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Assumption of risk requires:
a. proof that the defendant intentionally injured the plaintiff. b. proof that the plaintiff understood the nature of the danger involved. c. proof that the plaintiff was mostly at fault for the accident. |
b. proof that the plaintiff understood the nature of the danger involved.
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Capping damages in tort cases is:
a. known as tort reform. b. unconstitutional. c. known as contributory negligence. |
a. known as tort reform.
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The Health Insurance Portability and Accountability Act of 1996 (HIPAA):
a. includes a requirement that patients authorize at least one other person to contact in case of emergency. b. HIPAA provides for civil penalties only. c. is a federal statute which restricts insurance companies. |
c. is a federal statute which restricts insurance companies.
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The shopkeeper's privilege is a defense to the tort of:
a. invasion of privacy. b. negligence. c. false imprisonment. |
c. false imprisonment.
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Running a red light and then hitting a car in the process is an example of:
a. a criminal act only. b. a breach of duty. c. intentional infliction of emotional distress. |
b. a breach of duty.
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Causation:
a. is the same thing as proximate cause. b. refers to "but for" causation. c. need not be established where there is contributory negligence |
b. refers to "but for" causation.
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T/F
The three types of torts are crimes, negligence and strict liability. |
False
The three types of torts are intentional torts, negligence and strict tort liability. |
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T/F
Malice must be always be proven to establish defamation. |
False
Malice is required only when the subject of the defamation is a public figure. |
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T/F
Truth is a defense to defamation. |
True
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T/F
Veggie libel laws have been ruled unconstitutional. |
False
The constitutionality of veggie libel laws has yet to be determined. |
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T/F
The shopkeeper's privilege is a defense to false imprisonment. |
True
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T/F
The appropriation of someone's name for commercial advantage is an invasion of privacy. |
True
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T/F
HIPAA deals with privacy issues in healthcare. |
True
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T/F
Comparative negligence and contributory negligence are the same thing. |
False
Contributory negligence is negligence by the plaintiff who is part of the cause of the accident. Comparative negligence assigns liability on a percentage basis. |
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T/F
Assumption of risk requires knowledge of the risk of injury. |
True
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T/F
Tort reform includes limitations on damages in tort cases. |
True
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Which of the following subject matters in contracts would have the contract governed by the provisions of the Uniform Commercial Code (UCC)?
a. rebinding books b. employment contract for selling cars c. sale of a mobile home d. sale of a condominium |
c. sale of a mobile home
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Which of the following would be an offer for a unilateral contract?
a. "If you will promise to pay $2,000, I will promise to sell you my computer." b. "If you will promise to pay me $8,600 for my damages in this accident, I will not sue you." c. "If you will promise to close escrow by January 3, 2001, I promise to convey the deed then." d. "Drive my car from Los Angeles to New York and I will pay you $750." |
d. "Drive my car from Los Angeles to New York and I will pay you $750."
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Which of the following contracts is void?
a. a contract that charges interest in excess of the statutory maximum b. a contract that is oral when it is required to be in writing c. a contract that has a 15-year-old as one of its parties d. a contract in which a benefit is conferred without express agreement |
a. a contract that charges interest in excess of the statutory maximum
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Which of the following would be sufficient to constitute an offer?
a. "I am thinking of selling my Bose radio." b. "Someone has offered me $1,200 for my Toshiba laptop computer." c. "When I graduate, I will be selling my Pacer." d. "I will sell you my white Ford Torino for $350." |
d. "I will sell you my white Ford Torino for $350."
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Which of the following would be a merchant's firm offer?
a. The following written on the back of a car dealer's card: "$3,500 for the only 1989 Volvo DL grey on my lot. Offer open 31 days from today, 12/21/2000." b. The following spoken by an appliance dealer: "This washer is available to you for 10 days at a price of $259." c. The following from your neighbor, written in contract form and signed: "I will sell you my McClane mower for $350 anytime during the next 30 days." d. The following from an appliance dealer: "I will hire you for $21,000 per year plus commissions. Start immediately. This offer is open for 14 days. /s/ John Jones." |
a. The following written on the back of a car dealer's card: "$3,500 for the only 1989 Volvo DL grey on my lot. Offer open 31 days from today, 12/21/2000."
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When are additional terms in acceptance a part of the final contract?
a. When there is one merchant and a non-merchant, the offer is not limited, the terms are immaterial, and there is no objection. b. When there are two non-merchants, the offer is not limited, the terms are immaterial, and there is no objection. c. When there are two merchants, the offer is not limited, the terms are immaterial, and there is no objection. d. Additional terms are always part of any contract so long as they are not material. |
c. When there are two merchants, the offer is not limited, the terms are immaterial, and there is no objection.
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When does the mailbox rule apply to an acceptance?
a. The mailbox rule always applies to an acceptance. b. The mailbox rule applies to rejections and revocations, not acceptances. c. The mailbox rule applies when the subject matter is common law and the acceptance is communicated by the same means as the offer. d. The mailbox rule applies only under the UCC. |
c. The mailbox rule applies when the subject matter is common law and the acceptance is communicated by the same means as the offer.
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Which of the following agreements is supported by consideration?
a. a promise to make a gift to a charitable organization that has been relied upon by the organization b. a change in a contract to provide a builder for $200,000 more for the project because the builder says he is working harder than he thought he would have to c. a promise by your grandmother to give you her antique iron d. a change in an employment contract to pay an employee more because the employee's home expenses have increased |
a. a promise to make a gift to a charitable organization that has been relied upon by the organization
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Which of the following contracts must be in writing in order to comply with the statute of frauds?
a. a contract for the sale of a bike for $325 b. a contract for the sale of a land option for $300 c. a contract for employment paying $36,000 for nine months d. a six-month loan for funds you borrow |
b. a contract for the sale of a land option for $300
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What type of evidence is NOT permitted in establishing the existence of a contract and its terms?
a. terms written on an envelope and signed by the parties b. a series of letters between the parties c. parol evidence d. a merchant's confirmation memorandum signed by one party |
c. parol evidence
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Provisions in contracts for excused performance in the event of peculiar risk, particularly in international trade, are known as:
a. force majeure clauses. b. options. c. materiality provisions. |
a. force majeure clauses.
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A document of title issued by the seller that accompanies goods in shipment is called:
a. force majeure paperwork. b. bill of lading. c. promissory estoppel. |
b. bill of lading.
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"Drive my car from Los Angeles to New York, and I will pay you $1,000," is an example of:
a. a bilateral offer. b. an unenforceable offer. c. a unilateral offer. |
c. a unilateral offer.
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A contract for the sale of 3 Arabian horses is governed by:
a. common law. b. restatement of contracts. c. UCC. |
c. UCC.
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A contract that has been signed but for which no performance has begun is known as:
a. executory. b. unenforceable. c. promissory estoppel. d. voidable. |
a. executory.
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Contracts with minors are:
a. void. b. unenforceable. c. voidable. |
c. voidable.
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"I am thinking of selling my car. What do you think?" is an example of:
a. an offer. b. an invitation for an offer. c. neither an offer nor an invitation for an offer. |
c. neither an offer nor an invitation for an offer.
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An offer can be revoked:
a. any time prior to acceptance. b. only if it does not have a specific ending time. c. only if it is an option. |
a. any time prior to acceptance.
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Under common law, any variance in the terms in an acceptance:
a. is still acceptance so long as materiality is not an issue. b. is a rejection. c. results in the battle of the forms. |
b. is a rejection.
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The mailbox rule applies:
a. if the stipulated means in an offer is used as the means of acceptance. b. if any means is used but the acceptance is timely. c. only under the UCC. |
a. if the stipulated means in an offer is used as the means of acceptance.
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T/F
A contract for the sale of a painting is governed by common law. |
False
Common law applies to contracts that have land or services as their subject matter. |
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T/F
A contract for binding books is governed by the UCC. |
False
Binding books is a service and is governed by common law. |
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T/F
The Restatement of Contracts is a summary of the common law of contracts. |
True
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T/F
A bilateral contract is one in which one side issues a promise in exchange for the other side's performance. |
False
The sentence describes a unilateral contract. |
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T/F
A contract with a minor is void. |
False
Contracts with minors are voidable. |
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T/F
An oral contract in violation of the statute of frauds is unenforceable. |
True
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T/F
A contract to sell toys outlawed by the Consumer Product Safety Commission is void. |
True
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T/F
"I have heard about your house. I might be interested in buying it," is an example of an offer. |
False
The offeror must intend to contract at the time the offer language is used. |
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T/F
Course of dealing can be used to supply missing terms to a contract. |
True
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T/F
A merchant's firm offer requires consideration to be enforceable. |
False
Consideration is left to the discretion of the parties involved. |
