Bl Final

Front 1

Contracts entered by minors are voidablecontracts.

Back 1

true

Front 2

The mailbox rule states that an acceptance iseffective when sent even if never received.

Back 2

true

Front 3

An offeror cannot revoke an offer any time priorto acceptance.

Back 3

false

Front 4

Failureto fully perform without a lawful excuse for that failure results in a breachof contract.

Back 4

true

Front 5

Whichof the following statements is true of the Uniform Commercial Code (UCC)?

Back 5

B. It covers cars, clothing, and appliances.

Front 6

_____ refers to the bargained-for legal valuethat one party agrees to pay or provide to

Back 6

B. Consideration

Front 7

Legallyenforceable contracts must exhibit _____, which means parties must have thelegal ability to enter the contract; that is, they must be sane, sober, and oflegal age.

Back 7

D. capacity

Front 8

Which of the following exceptional circumstancesadmits parol evidence?

Back 8

C. To explain ambiguities in a written contract

Front 9

Skye, who is unaware of Nathan’s mentalincompetency, enters into an agreement with Nathan to paint her house. Skyedoes not know that Nathan has been adjudged insane by a court of law andtherefore is angry at him for not finishing the work on time. This agreementbetween Skye and Nathan is an example of a(n) _____ contract.

Back 9

D. void

Front 10

Sometimesgenuine assent is not secured and a contract may be rescinded because one ofthe parties is forced to agree, for fear of harm. The legal defense availablein this situation is _____.

Back 10

A.duress

Front 11

Intentional untruths constitute _____.

Back 11

C. fraud

Front 12

13.A court order that may either require or forbid a party to perform a specifiedact is a(n) _____.

Back 12

C.injunction

Front 13

The_____ provides that, as a matter of due process, no evidence secured inviolation of the Fourth Amendment may be admitted as evidence in a court oflaw.

Back 13

D.exclusionary rule

Front 14

The_____ provides that the right of the people to be secure in their persons,houses, papers, and effects, against unreasonable searches and seizures, shallnot be violated, and no Warrants shall issue, but upon probable cause.

Back 14

A.Fourth Amendment

Front 15

Which of the following statements about theFifth Amendment is true?

Back 15

C.It prohibits the taking of private property for public use without justcompensation for the owner.

Front 16

Whichof the following classes of regulatory takings involves situations wheregovernment may take a portion of a piece of property in order to expand roads,install a bike path, or establish a buffer zone?

Back 16

A.Partial takings

Front 17

Whichof the following means that the government must provide notice and a fairhearing before taking an action affecting a citizen’s life, liberty, orproperty?

Back 17

D.Procedural due process

Front 18

Identify the true statement about felonies.

Back 18

D.They are typically punishable by death or by imprisonment in a federal or statepenitentiary for more than one year.

Front 19

Forfelony cases, after an indictment or information, the accused individual isbrought before the court for _____, where the charges are read and a plea isentered.

Back 19

A.arraignment

Front 20

Whichof the following best describes treason?

Back 20

C.It is the special situation in which one levies war against the United Statesor gives aid and comfort to its enemies.

Front 21

To receive a court’s attention, a litigant mustdemonstrate _____. That is, the person must show that her or his interest inthe outcome of the controversy is sufficiently direct and substantial as tojustify the court’s consideration

Back 21

A.standing to sue

Front 22

Whichof the following is true about mediation?

Back 22

A.The involved parties generally devise their own solution, with the mediator asa facilitator, not a decision maker.

Front 23

Whichof the following is true of arbitration?

Back 23

B.In arbitration a neutral third party is given the power to determine a bindingresolution of a dispute.

Front 24

Which of the following statements is true of theSarbanes-Oxley Act?

Back 24

A.It establishes an independent board to oversee the accounting profession.

Front 25

Degree of control is the dominant test indetermining whether a worker is an employee or independent contractor.

Back 25

true

Front 26

A business that hires an independentcontractor generally is required to comply with a wide range of employment andlabor law standards.

Back 26

false

Front 27

Independent contractors are protected bythe Fair Labor Standards Act that requires, among other things, the payment ofthe federal minimum wage and overtime pay.

Back 27

false

Front 28

Employers will be held liable under respondeat superior reasoning forharm to third parties caused by the intentional or negligent acts of theiremployees when those acts occur within the scope of employment.

Back 28

true

Front 29

One of the major objectives of the FairLabor Standards Act is the establishment of a minimum wage that provides atleast the foundation for a modest standard of living for employees.

Back 29

true

Front 30

Under the Fair Labor Standards Act, employers must now pay double timefor any work beyond 40 hours per week.

Back 30

false

Front 31

Workers' compensation provides a form of no-fault protection in theworkplace.

Back 31

true

Front 32

In general, workers cannot sue foron-the-job injuries that are self-inflicted.

Back 32

true

Front 33

The unemployment insurance program in theUnited States is financed through a payroll tax paid by employers.

Back 33

true

Front 34

Normally, unemployment compensation benefits are available for a maximumperiod of 52 weeks.

Back 34

false

Front 35

Employers who have contracts of $100,000or more with the federal government or receive aid from the government mustprovide drug-free awareness programs for their employees.

Back 35

true

Front 36

Drug testing is regulated by the federalgovernment.

Back 36

false

Front 37

With the prior consent by one of theparties to the communication, an employer may lawfully monitor an employeephone call.

Back 37

true

Front 38

The Family and Medical Leave Act entitleseligible employees up to 15 weeks of paid leave for the birth, adoption, orfoster care placement of a child, to care for a child, spouse, or parent whohas a serious medical condition, or for the employee’s own serious medicalcondition.

Back 38

false

Front 39

Which of the following statements is true of the Federal CommunicationsCommission’s (FCC) indecency rules?

Back 39

B. FCC rules forbid indecent material onconventional broadcast services when children are likely to be in the audience.

Front 40

Which of the following statements about corporations is true?

Back 40

A. A promoter files articles ofincorporation with the state government to create a corporation.

Front 41

Which of the following acts prohibitsprivate individuals and organizations from intercepting wire and oralcommunications?

Back 41

B. The Electronic Communications Privacy Act

Front 42

Which of the following statements is trueof the formation of partnerships?

Back 42

D. The co-owners of a partnership mustintend to join in the sharing of risks and rewards via the active conduct ofbusiness.

Front 43

Which of the following is true of limitedliability companies?

Back 43

D. To create a limited liability company,the owner(s) must file articles of organization with the state.

Front 44

Which of the following statements is trueof the sole proprietorship form of business organization?

Back 44

D. A sole proprietorship is not a taxableentity.

Front 45

Which of the following refers to abusiness venture that has no legal existence apart from the owner?

Back 45

C. Sole proprietorship

Front 46

Which of the following statements is true of a limited liabilitypartnership?

Back 46

A. It is taxed like a general partnership.

Front 47

If a delivery truck driver negligentlyhits a child in the street, the company for which the driver works will beliable for the injuries under the legal doctrine of _____.

Back 47

B. respondeat superior

Front 48

Carey, the owner of a corporation, uses the business checking account topay his personal bills. He also makes business deals knowing the businesscannot pay the invoices. If he is sued by one of his creditors, which of thefollowing courses of action is most likely to be taken by the court?

Back 48

A. Pierce the corporate veil.

Front 49

When competitors collude, conspire, oragree among themselves, they are engaging in _____.

Back 49

A. horizontal restraints of trade

Front 50

Shaun opens a pastry shop right across thestreet from his competitor, Jason's pastry shop. To eliminate Jason'scompetition, Shaun radically lowers prices of his pastries attracting customersto his pastry shop and eventually driving Jason out of business. Which of thefollowing antitrust violations could Shaun be charged with?

Back 50

A. Predatory pricing

Front 51

In 2000, Microsoft was deemed to haveviolated federal antitrust laws by using _____.

Back 51

B. monopoly power

Front 52

Which of the following statements is true of antitrust law?

Back 52

D. Antitrust law does not punish efficientcompanies who legitimately earn and maintain large market shares.

Front 53

A(n) _____ is a situation in which onefirm holds the power to control prices and/or exclude competition in aparticular market.

Back 53

C. monopoly

Front 54

Which of the following is an advantage of mergers?

Back 54

A. Mergers may improve credit access.

Front 55

Which of the following is a disadvantage of mergers?

Back 55

C. Mergers may lead to higher prices.

Front 56

A complete defense in defamation cases is:

Back 56

B. Truth

Front 57

Which of the following has the authorityto file discrimination lawsuits on behalf of employees despite an arbitrationagreement?

Back 57

A. Equal Employment Opportunity Commission

Front 58

Under a _____, legitimate business communications, with some exceptions,are shielded from liability

Back 58

C. qualified privilege

Front 59

Which of the following is a conditionrequired for a successful defamation suit against an employer?

Back 59

C. The statement must be “published” to athird party.

Front 60

Thomas, a private-accountant, washumiliated and fired from his job after his employer accused him of embezzlingmoney with no factual basis. When Thomas applied for another job, the formeremployer told the prospective employer why Thomas was fired. Thomas can sue hisemployer for _____.

Back 60

B. defamation

Front 61

Employers often bear legal responsibilityfor employees' accidents or wrongs. This vicarious liability springs from thedoctrine of _____.

Back 61

D. respondeat superior

Front 62

Under _____, an employer will be liablefor acts outside the scope of employment.

Back 62

B. negligence liability

Front 63

Which of the following is an objective of the Fair Labor Standards Act?

Back 63

C. Child labor protection

Front 64

Which of the following acts imposes ageneral duty on most employers to provide a workplace free of "recognizedhazards causing or likely to cause death or serious physical harm toemployees"?

Back 64

A. The Occupational Safety and Health Act

Front 65

Which of the following statements is true of workers' compensation?

Back 65

B. Workers’ compensation provides a formof no-fault protection in the workplace.

Front 66

Which of the following is a legalrequirement for claim of workers' compensation?

Back 66

B. Injury sustained while on the job

Front 67

Identify a true statement about workers'compensation.

Back 67

D. It does not require proof of employernegligence.

Front 68

Which of the following acts provided for an unemployment insuranceprogram?

Back 68

A. The Social Security Act

Front 69

In the context of drug testing, which ofthe following forbids unreasonable searches and seizures?

Back 69

A. The Fourth Amendment to the U.S. Constitution

Front 70

Firms with 100 or more employees arerequired to provide 60 days’ notice if they lay off one-third or more of theirworkers at any site employing at least 150 workers, drop 500 employees at anysite, or close a plant employing at least 50 workers under which of thefollowing Acts:

Back 70

A. The Worker Adjustment and RetrainingNotification Act (WARN)

Front 71

The Family and Medical Leave Act:

Back 71

D. entitles eligible employees of covered employers to takejob-protected, unpaid leave for certain family-related or medical reasons

Front 72

Which of the following statements is trueof random drug testing?

Back 72

D. The U.S. Supreme Court has upheld such testing for public-sectoremployees where public safety is involved

Front 73

Ifpeople wish to connect to the Internet, they contract with a commercialInternet service provider and pay a fee for the type and level of service theydesire. They then have access to any content provider. This uniform access isreferred to as _____.

Back 73

C.net neutrality

Front 74

InDecember 2010, the Federal Communications Commission (FCC) issued new rules onnet neutrality to address net neutrality issues. Which of the followingstatements is true of these rules?

Back 74

B.Wireless broadband services were subject to the same disclosure rules as thewired broadband services but were granted more leeway with regard to equalaccess.

Front 75

Whena country seeks to apply its own laws to foreigners, the question is whetherthe country has _____.

Back 75

C.jurisdiction to adjudicate

Front 76

In the international context, _____ refers tojudicial personal jurisdiction.

Back 76

D.jurisdiction to adjudicate

Front 77

The _____ protects citizens fromgovernment restraints on the content of speech, although reasonable restraintson the context (time, place, and manner) of that speech are sometimesconstitutionally permissible.

Back 77

C.First Amendment

Front 78

Whichof the following federal acts establishes both civil and criminal penalties forviolations of its provisions?

Back 78

A.The CAN-SPAM Act

Front 79

Which of the following is charged with enforcingthe CAN-SPAM Act?

Back 79

B.The Federal Trade Commission

Front 80

Whichof the following is a network of infected computers that can be harnessed totake coordinated action, such as sending spam?

Back 80

A.Botnet

Front 81

_____ is the process of building profiles ofindividuals by organizing all the disparate pieces of information collected inthe normal course of business.

Back 81

A.Data mining

Front 82

A(n) _____ is any person who takes data that are discrete at the level of anindividual and combines it with individual-level data from one or more othersources.

Back 82

A.aggregator

Front 83

TheChildren’s Online Privacy Protection Act:

Back 83

D.prohibits websites from collecting personal information from children under 13without parental permission.

Front 84

The_____ is charged with primary enforcement of the Children’s Online PrivacyProtection Act (COPPA).

Back 84

B.Federal Trade Commission

Front 85

Whichof the following is a provision of the Computer Pornography and ChildExploitation Prevention Act of 1999?

Back 85

D.It makes it unlawful to use a computer to solicit, lure, or entice a child orotherwise engage in sexual offenses with a child.

Front 86

Therepeated use of electronic media (such as e-mail or chat rooms) to harass orthreaten another person is referred to as:

Back 86

C.cyberstalking.

Front 87

Catalinahas been receiving threat messages from Steve, one of her Facebook contacts.Steve has never met Catalina, but he has been tracking her activities on thesocial network regularly. This is an example of:

Back 87

C.cyberstalking.

Front 88

The _____ proffered the Convention on Cybercrimeas an international effort to address computer-facilitated crime

Back 88

C. Council of Europe

Front 89

Which of the following statements is true ofthe Electronic Signatures in Global and National Commerce Act (E-SIGN)?

Back 89

B. Under this act, consumers cannot be forced toaccept electronic signature agreements.