Final Review For Environment Of Business Part 1

Front 1

Workers in right to work states, who work at an unionized facility, are not required to join the union dues or fees are not bound by the union contract (true or false)

Back 1

True

Front 2

An employer is not required to recognize the union based instead majority card showing and always has the option to insist on an election (True or False)

Back 2

True

Front 3

The law does not require an employer to favor union members in hiring employees (True or False)

Back 3

True

Front 4

The Taft-Hartley injunction provision is applicable to all strikes. (True or False)

Back 4

False

Front 5

The first federal statute of any importance to the labor movement was the _____ Act to strengthen the antitrust laws.

Back 5

Clayton

Front 6

Property ownership helps generate prosperity by establishing the conditions necessary for capital formation and prosperity. (True or False)

Back 6

True

Front 7

Zoning or ordinance are implemented through a state or local government's police powers (True or False)

Back 7

True

Front 8

Upon the death of joint tenant, his interest automatically transfers to the other tenants. (True or False)

Back 8

True

Front 9

Adequate enforcement is necessary for property law to function properly. (True or False)

Back 9

True

Front 10

Zoning laws apply to types and locations of physical structures but not to aesthetic characteristics such as color and exterior design. (True or False)

Back 10

False

Front 11

The commerce clause grants to the federal government the power to regulate interstate commerce as Well as foreign commerce. (True or False)

Back 11

True

Front 12

Due. process means that government Marty not act in a mastery that is arbitrary, capricious,or unreasonable (True or False)

Back 12

True

Front 13

The power of the federal government to regulate business activity is found in the commerce clause (True or False)

Back 13

True

Front 14

Constitutional guarantees exist to insure certain issues will be part ofnthe political process. (True or False)

Back 14

False

Front 15

Through the government's power of eminent domain, it can take private property for "public use", upon the payment of "just compensation". (True or False)

Back 15

True

Front 16

A defendant can be found liable for a strict liability tort even though the defendant was shown to be neither intentional nor negligently the cause of the harm. (True or False)

Back 16

True

Front 17

Publication, with regard to deformation, requires that the lie be printed and distributed to the public. (True or False)

Back 17

True

Front 18

If someone, is found guilty of a civil assault, one possible penalty is going to jail. (True or False)

Back 18

False

Front 19

You are guilty of the tort conversion if you purchase stolen goods, even if you didn't know they were stolen. (True or False)

Back 19

True

Front 20

The United States is the only country in the world in which punitive damages are regularly awarded. (True or False)

Back 20

True

Front 21

The arbitrator is empowered by the parties to reach a binding decision in a voluntary arbitration. (True or False)

Back 21

True

Front 22

Normally, the decision to submit a dispute to arbitration is irrevocable. (True or False)

Back 22

True

Front 23

The failure of a party to be present at an arbitration hearing constituents a waiver of the right to reject the award and seek de novo judicial review. (True or False)

Back 23

True

Front 24

The supremacy clause says that Federal law preempts state law. (True or False)

Back 24

True

Front 25

A party dissatisfied with mandatory arbitration award has the right to appeal the award directly to the supreme court. (True or False)

Back 25

False

Front 26

The difference between a mediator and an arbitrator is an arbitrator can force a binding solution on both parties to avoid litigation (True or False)

Back 26

True

Front 27

Positional bargaining begins with each side stating their respective expectations. (True or False)

Back 27

True

Front 28

Evidence in the form of a sworn statement is called an affidavit. (True or False)

Back 28

True

Front 29

Promises to make a gift are not binding because there is nothing bargained for exchange. (True or False)

Back 29

True

Front 30

The criminal burden of proof is beyond preponderance of the evidence. (True or False)

Back 30

False

Front 31

A statute of limitations determines the maximum amount of money that a plaintiff may sue for. (True or False)

Back 31

False

Front 32

The plaintiff in a civil case must prove beyond a reasonable doubt (True or False)

Back 32

False

Front 33

Courts of appeal require the parties to file a document containing a description of the case and its facts and the research benefiting their client's issues. This document is called a __________.

Back 33

Brief

Front 34

Once the court's decision is final, the decision is conclusive as to all issues between the parties. This is called __________________.

Back 34

Res Judicata

Front 35

If the defendant does not respond to the complaint as required he is said to be in ____________.

Back 35

Default

Front 36

Defendants in all felony trials have the right to a jury. (True or False)

Back 36

True

Front 37

A defendant might plead nolo contendre to avoid a criminal conviction being used as a basis for a civil suit. (True or False)

Back 37

True

Front 38

The fifth amendment right against incrimination does not protect the accused from being compelled to produce real or physical evidence. (True or False)

Back 38

True

Front 39

A person can be convicted of conspiracy even if they did not know all the facts of the crime. (True or False)

Back 39

True

Front 40

The grand jury does not make a determination of guilt. (True or False)

Back 40

True

Front 41

The person against whom a criminal case is filed by the prosecution is called the defendant, whereas the person sued in a civil case is called the respondant. (True or False)

Back 41

False

Front 42

If a defendant alleges that there cannot be a complete determination of controversy without the presence of other parties, he may bring in the parties who are third-party defendants. (True or False)

Back 42

True

Front 43

Typically, the winner at the trial court level is called the ____________ on appeal.

Back 43

appellee

Front 44

Evidence in the form of a sworn statement is called an affidavit. (True or False)

Back 44

True

Front 45

Challengers for cause are also called premptory challenges.

Back 45

True

Front 46

Diversity of citizenship occurs when the controversy is valued at $75,000 or more or the litigants are citizens of different states. (True or False)

Back 46

True

Front 47

Issues of fact are determined in the ________ court.

Back 47

Trial

Front 48

Jurors must agree on all the decisions and they must agree on their interpretation of the facts to find a defendant guilty. (True or False)

Back 48

False

Front 49

Land-lord tenant disputes are generally decided in __________ court

Back 49

Small claims

Front 50

Parties to litigation are entitled, as a matter of right, to ________ appeal(s) of their case by a higher court.

Back 50

One

Front 51

The U.S court system is an adversial system. (True or False)

Back 51

True

Front 52

Congress has created a separate U.S Court of Appeals for each state. (True or False)

Back 52

False

Front 53

Studies have shown that the results arrived at by the juries of 12 show quite disernible differences. (True or False)

Back 53

False

Front 54

Judicial Review is the right of a court to review statutes and declare them unconstitutional. (True or False)

Back 54

True

Front 55

__________ followers believe that judicial review by judges should not be used expect in unusual cases.

Back 55

Judicial Restraint

Front 56

The various federal circuit courts tend to be consistent in the application of law and the theories of law followed. (True or False)

Back 56

False

Front 57

____________ has an emphases on consistency and compels you to act as you believe everyone should act.

Back 57

Categorical Imperative

Front 58

The common law system originated in _____________.

Back 58

England

Front 59

The dominant form of consequentialism is ________________.

Back 59

Utilitarianism

Front 60

Adam Smith's book, The Wealth of Nations recognized that self regulation cannot succeed because of man's inherent self-interests. (True or False.

Back 60

False

Front 61

Law and "rule of law" are synonymous terms. (True or False)

Back 61

False

Front 62

A decree of specific performance may be issued by a court to help an injured party in cases involving breach of contract and tortous conduct but not when a statutory violation has occured. (True or False)

Back 62

True

Front 63

By definition, a crime is a wrong against just the victim. (True or False)

Back 63

False

Front 64

Damages, awarded to make the victim of the breach of contract "whole" in the economic sense, are called ______________.

Back 64

Compensatory damages

Front 65

The U.S Constitution does not specify the size of juries required in civil and criminal trials. (True or False)

Back 65

True

Front 66

Under the doctrine of Stare Decisis, courts are bound to follow the holdings and dicta of prior cases. (True or False)

Back 66

True

Front 67

Stare Decisis means to follow the case precedent. (True or False)

Back 67

True

Front 68

Conflicting precedent is a disadvantage of Stare Decisis and the common law system. (True or False)

Back 68

True

Front 69

Dicta is the comments from the court that accompanies the decision. (True or False)

Back 69

True

Front 70

When judges write their decisions on legal issues they set out their reasoning in opinions. (True or False)

Back 70

True

Front 71

A nation's legal system determines whether or not a country is economically strong or weak. (True or False)

Back 71

True

Front 72

The philosophy of law is _____________________.

Back 72

Jurisprudence

Front 73

The legal right to exclude or keep others from interfering is the idea behind the concept of property rights. (True or False)

Back 73

True

Front 74

Civil law relies primarily on legislation, while common law relies on court decisions. (True or False)

Back 74

True

Front 75

Property laws include wills, trusts and estates. (True or False)

Back 75

True

Front 76

The primary method of resolving conflicts in serious buisness disputes is through application of criminal law. (True or False)

Back 76

False

Front 77

Organizations tend to reflect the norms and values of the majority of their stakeholders (True or False)

Back 77

True

Front 78

Moral management confirms to accepted standards of ethical behavior (True or False)

Back 78

True

Front 79

Amoral management may imply a lack of ethical perception and moral awareness (True or False)

Back 79

True

Front 80

Laws help buisness people determine what society believes is right or wrong in all circumastances (True or False)

Back 80

False

Front 81

Utilitarianism is a philosophy based on belief in a set of universal laws. (True or False)

Back 81

True

Front 82

The Bible is representative of a deontological belief system. (True or False)

Back 82

True

Front 83

Social responsiveness means firms need to respond to stakeholders. (True or False)

Back 83

True

Front 84

The law can be viewed as minimal standards of conduct and behavior. (True or False)

Back 84

True

Front 85

Business includes corporations, partnerships, and sole proprietorship. (True or False)

Back 85

True

Front 86

A patent is a legal monopoly in the tangible resource of copying and marketing a new invention (True or False)

Back 86

False

Front 87

To claim a trade secret, the knowledge protected must have economic value. (True or False)

Back 87

True

Front 88

Design patents are valid for ____________ year.

Back 88

Fourteen

Front 89

The test of reasonableness asks whether challenged contracts or acts are unreasonably restrictive of competitive conditions. (True or False)

Back 89

True

Front 90

Employers can only enforce a covenant not to compete if they can show a valid busjness purpose for doing so. (True or False)

Back 90

True

Front 91

The concept which allows the government to take private property for public us is ____________________.

Back 91

Eminent domain

Front 92

When a patent expires it is said to be in the public domain. (True or False)

Back 92

True

Front 93

The ability to use a copyrighted material for reporting, teaching, or comedy is ______________________.

Back 93

Fair use

Front 94

_______________ is the type of intellectual property that protects authors.

Back 94

Copyright

Front 95

Defendants in all felony trials have a right to a jury (True or False)

Back 95

True

Front 96

A defendant might plead nolo contendre to avoid a criminal conviction being used as a basis for a civil suit. (True or False)

Back 96

True

Front 97

The Fifth Amendment right against self - incrimination does not protect the accused form being compelled to produce real or physical evidence. (True or False)

Back 97

True

Front 98

A person can be convicted of conspiracy even if they did not know all of the facts of the crime. (True or False)

Back 98

True

Front 99

The grand jury does not make a determination of guilt. (True or False)

Back 99

True

Front 100

Fraud occurs when any material fact is omitted from a prospectus causing a statement to be misleading (True or False)

Back 100

True

Front 101

If an action is determined to be illegal per se, the courts are not required to apply the rule of reason to analyze the case further. (True or False)

Back 101

True

Front 102

The test of reasonableness asks whether challenged contracts or acts are unreasonably restrictive of competitive conditions. (True or False)

Back 102

True

Front 103

A debt collector is not required to disclose his or her identity as a debt collector to delinquent customers they call when attempting to collect a legitimate and delinquent debt. (True or False)

Back 103

False

Front 104

A series of written questions to the opposing parties concerning the lawsuit is called an _________________.

Back 104

Interrogatory

Front 105

Contracts are legally enforceable promises. (True or False)

Back 105

True

Front 106

Contractual consideration is the thought process a party uses to decide whether or not to accept the offer and enter into a contract. (True or False)

Back 106

False

Front 107

Most contractual transactions we enter into are written. (True or False)

Back 107

False

Front 108

The Parole Evidence Rule determines when criminals may be let out of jail early. (True or False)

Back 108

False

Front 109

Countries engage in international trade so that each country can concentrate on producing those goods and services that involve the least opportunity cost. (True or False)

Back 109

True

Front 110

A sole proprietorship is a buisness owned by one person (True or False)

Back 110

True

Front 111

Partnerships are tax-paying entities. (True or False)

Back 111

Flase

Front 112

A large, publicly held business is typically a corporation. (True or False)

Back 112

True

Front 113

Usually the cost of creation of a business entity is not a major factor in considering which form of operation to choose. (True or False)

Back 113

False

Front 114

The Securities Act of 1933 is a disclosure law with respect to the initial sale of securities to the public. (True or False)

Back 114

True

Front 115

The regulation of securities began to help the government more accurately tax incomes. (True or False)

Back 115

False

Front 116

The definition of 'security' includes bonds. (True or False)

Back 116

True

Front 117

The equal Credit Opportunity Act regulates the consumer credit reporting industry. (True or False)

Back 117

True

Front 118

The consumer Product Safety Commission may enforce product warranties regarding consumer products that create an unreasonable risk to consumers. (True or False)

Back 118

True

Front 119

The Fair Credit Billing Act limits a customers liability for a thief's use of a stolen credit card to a maximum of $500.00 (True or False)

Back 119

True

Front 120

A chapter 7 bankruptcy is a liquidation bankruptcy. (True or False)

Back 120

True

Front 121

Using zip codes as a factor in denying credit has been determined to be illegal by the FTC due to possible discrimination that could result (True or False)

Back 121

True

Front 122

The Fair Labor Standards Act provides for disability benefits. (True or False)

Back 122

False

Front 123

In 2006, OSHA conducted over _____________ inspections.

Back 123

38,000

Front 124

Standards regarding unsafe and unhealthy workplace conditions are created and enforced by the NLRB. (True or False)

Back 124

False

Front 125

The Endangered Species Act requires court and regulators to take economic factors into consideration in applying the Act's provisions. (True or False)

Back 125

False

Front 126

Human alterations of the environment are causing an extinction of between 30,000 to 50,000 animal and plant species per year. (True or False)

Back 126

True

Front 127

In a disparate impact suit the plaintiff must convince the court that the employer intentionally discriminated against the plaintiff. (True or False)

Back 127

True

Front 128

Race can never be a BFOQ. (True or False)

Back 128

True

Front 129

Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions like other conditions are covered. (True or False)

Back 129

True

Front 130

When enacting the Civil Rights Act of 1964, Congress clearly intended to preempt state's fair employment laws. (True or False)

Back 130

False

Front 131

Some states have passed laws protecting employees on the basis of sexual orientation; however, none to date have enacted gender identity protections. (True or False

Back 131

False

Front 132

Federal laws concerning equal employment opportunity specifically prohibit state laws from imposing additional duties and liabilities. (True or False)

Back 132

False

Front 133

Employers with health or disability plans must cover pregnancy, childbirth, and related medical conditions like other conditions are covered. (True or False)

Back 133

True

Front 134

A successful plaintiff in an ADEA action cannot recover money damages from a state entity. (True or False)

Back 134

True