Business Law 1 Final

Front 1

NY doesn't recognize a common law right to privacy?

Back 1

False

Front 2

A felony may only be charged by a grand jury?

Back 2

False

Front 3

Taking a child across state lines w/ the intent to induce her into immoral practices violates federal, not state law.

Back 3

True

Front 4

To be convicted one must have the opportunity to confront the witnesses against him?

Back 4

True

Front 5

Under the doctrine of share decisis a court may overrule an erroneously decided precedent.

Back 5

False

Front 6

Military courts are not required to use the reasonable doubt standard in a criminal cases.

Back 6

False

Front 7

A prosecutor may use circumstantial evidence to convict?

Back 7

True

Front 8

After a felony conviction, one must spend more than one year in jail.

Back 8

False

Front 9

Cyberlaw jurisdiction extends to where information is sent to wherever it's received.

Back 9

True

Front 10

The 4th Amendment forbids self-incrimination.

Back 10

False

Front 11

When are torts also crimes?

Back 11

Fraud, trespass, and nuisance are

Front 12

False imprisonment doesn't require much time one held against his will.

Back 12

True

Front 13

Torture is cruel and inhuman but electrocution is not.

Back 13

True

Front 14

A party may contract with a minor

Back 14

True

Front 15

Courts may force a party to contract to specially perform.

Back 15

True

Front 16

Damages for a breach of contract may be either money, equitable, or both.

Back 16

True

Front 17

Lack of consideration may be fatal to a contract.

Back 17

True

Front 18

In order to be found liable for fraud one must possess scienter.

Back 18

True

Front 19

A design defect may trigger either strict (product) liability or negligence.

Back 19

True

Front 20

Expert witnesses are not generally necessary in medical malpractice or design defect claims.

Back 20

False

Front 21

In NY, a violation is not a crime.

Back 21

True

Front 22

Assumption of risk is an affirmative defense in a tort action.

Back 22

True

Front 23

An employer may be held liable for an international tort of its employees.

Back 23

True

Front 24

Business crime is much different than white collar crime.

Back 24

False

Front 25

Assisting suicide is a crime.

Back 25

True

Front 26

A police problem is enough for the BEC board to close a disco.

Back 26

False

Front 27

Strict (or product) liability doesn't require a fault.

Back 27

True

Front 28

A misdemeanor is a crime with a penalty of a year or less in jail.

Back 28

True

Front 29

Chuck Berry was convicted of rape.

Back 29

False

Front 30

A jockey may sue for injuries sustained due to a defect in a race track.

Back 30

False

Front 31

As a general rule, participants may be held to have consented by their participation to those injury-causing events which are known apparent or reasonably foreseeable consequences.

Back 31

True

Front 32

In addition to losing personal liberty a criminal may also be fined.

Back 32

True

Front 33

Ozzy Osbourne was charged with a crime.

Back 33

False

Front 34

The mirror acceptance rule means that an acceptance to a contract must mirror the offer.

Back 34

True

Front 35

The parol evidence rule means that no testimony as to contract terms may ever be introduced in court if the court has completed a contract before it.

Back 35

False

Front 36

The evidentiary standard or proof in a civil case:

Back 36

(a) Preponderance of evidence

Front 37

Elements in a negligence case are:

Back 37

Duty, Damages, Breach of Duty, & Proximate Causation (All of the above)

Front 38

The internet began as a project between the govt. and universities to facilitate joint research.

Back 38

True

Front 39

A publisher may be sued in whatever country an individuals reputation has been harmed.

Back 39

True

Front 40

Generally the govt. must obtain a warrant before soliciting personal info from ISP

Back 40

True

Front 41

The govt. may not snoop on the internet without a warrant.

Back 41

True

Front 42

One has an expectation of privacy on the internet equal to that of personally addressed mail.

Back 42

False

Front 43

Cyberlaw doesn't identify a particular body of newly recognized law independent from the statutory or common law as we know it.

Back 43

True

Front 44

The FBI has defined cyber terrorism as "the unlawful use of force or violence against persons or property."

Back 44

True

Front 45

Internet gambling sites typically consist of web-based virtual casinos and generally are legal if owned by Native Americans.

Back 45

False

Front 46

An internet service provider is responsible for the validity and editing of uploaded material.

Back 46

False

Front 47

The internet and worldwide web are one and the same

Back 47

True

Front 48

Cyber squatting is defined as using the name of another prson or company with the intent to benefit or profit.

Back 48

True

Front 49

Email is a secure form of communication.

Back 49

False

Front 50

Slander is the written form of defamation.

Back 50

False

Front 51

First amendment law as applied to the internet is at this time confusing and contradictory.

Back 51

True

Front 52

Encryption is the process of transferring info from an unsecured form known as plain text into coded information known as cipher text.

Back 52

True

Front 53

Children are especially at risk when using the internet.

Back 53

True

Front 54

Metatags are visisble parts of the source code of a website

Back 54

False

Front 55

A trademark is defined as "any word, name, symbol, or device, or any combination thereof...used by a person or which a person has bonafied intentition to use in commerce."

Back 55

True

Front 56

One can be killed when using the internet.

Back 56

True

Front 57

From a taxation view, the internet has created a virtual or borderless economy.

Back 57

True

Front 58

An agency comes into being through an enabling statue.

Back 58

True

Front 59

An agency must give notice before taking administrative action.

Back 59

True

Front 60

Internal rules govern an agency.

Back 60

True

Front 61

Ozzy Osbourne had a duty to John

Back 61

False

Front 62

One does not have to specify the allegations in a fraud complaint.

Back 62

False

Front 63

Even though a mining company may have no duty to preserve cavities, it may be held liable for damages such cavities cause.

Back 63

True

Front 64

Harboring a dangerous animal is not a strict liability crime.

Back 64

False

Front 65

Contributory negligence may bar recovery of damages.

Back 65

True

Front 66

The standard of proof in a criminal case is beyond all doubt.

Back 66

False

Front 67

A determination of an administrative body made on a rational basis should not be set aside.

Back 67

True

Front 68

There is no such thing as a common law crime, they are statutory.

Back 68

True

Front 69

Criminal statutes require strict scrutinty by the courts.

Back 69

True

Front 70

The fourth amendment prohibits search and seizure.

Back 70

True

Front 71

A state may impose a time, space, and manner restriction on the freedom of expression.

Back 71

True

Front 72

New York has a comparative negligence rule.

Back 72

True

Front 73

Administrative agencies are composed of experts in the field it monitors or regulates.

Back 73

True

Front 74

An agency must provide an administrative avenue of appeal.

Back 74

False

Front 75

An intentional tort requires negligence.

Back 75

False

Front 76

The evidentiary standard of proof in an administrative hearing is:

Back 76

(c) substantial evidence