Business Law Midterm

Front 1

" we hold these truths to be self-evident, that all men are created equal, and that they are endowed by their creator with certain inalienable rights" would be an example of :

Back 1

Natural law

Hint 1

Moral

Front 2

The Supreme source of law in this country is:

Back 2

The US Constitution

Front 3

When the law is said to have been codified it means the law:

Back 3

Is legislation that has been placed into an existing law code

Front 4

Law that is concerned with how individuals interact with each other, provides rights and remedies for damages sustained by an individual as a result of the unacceptable behavior of another, is considered:

Back 4

Civil law

Front 5

The Uniform Commercial Code:

Back 5

Has been adopted in whole or in part by all 50 states and governs certain types of commercial transactions

Front 6

Any benefits one party has conferred to another is returned by the courts through the Equitable remedy of:

Back 6

Restitution

Front 7

Federal Executive Branch created law consists of:

Back 7

Administrative agency law. Executive orders. International treaties.

Front 8

If you are paying for the actual time your attorney spends on your legal matter as he extends his efforts on your behalf, you are being charged a:

Back 8

Hourly fee

Front 9

Which of the following decisions are generally published in reporters?

Back 9

Appellate decisions

Front 10

The California Reports is the official reporter for:

Back 10

The state of California only

Front 11

In the US court system, the disputing parties are called:

Back 11

Litigants

Front 12

Courts restricted to hearing only cases limited to a certain dollar amount or to a particular area of law have

Back 12

Limited jurisdiction

Front 13

Deciding important legal questions and maintaining uniformity of decisions among the lower Court's is the purpose of

Back 13

The Supreme Court

Front 14

California has how many federal district courts?

Back 14

Four

Front 15

An appellant must petition the court for a writ of certiorari to have his or her case reviewed by

Back 15

The US Supreme Court

Front 16

Diversity of citizenship gives the federal courts jurisdiction when:

Back 16

The parties are citizens of different states. The amount in controversy is over 75k.

Front 17

California's trial court is referred to as the:

Back 17

Superior Court

Front 18

Small claims court is a method for resolving disputes:

Back 18

Fast. Inexpensively. Fairly.

Front 19

A complaint is filed by the:

Back 19

Plaintiff

Front 20

The primary purpose of an appeal is to review:

Back 20

An alleged trial court error of law

Front 21

Which of the following is not an alternative dispute resolution (ADR) procedure?

Back 21

Trial by Jury

Front 22

The simplest method to resolve disputes should be and usually is:

Back 22

Negotiation

Front 23

Which of the following is an adjudicative method of ADR?

Back 23

Binding private arbitration. Temporary judging, upon stipulation/consent of the parties

Front 24

One of the parties negotiating is a highly competitive individual and not concerned with the other party's situation. He is concerned with only his own situation. What type of negotiating is that party likely engaging in?

Back 24

Distribute

Front 25

When engaging in the actual negotiations the parties should try to focus on:

Back 25

Interests

Front 26

In an early neutral evaluation (ENE) the evaluator is:

Back 26

Assigned by a judge. Usually an experienced attorney

Front 27

Which of the following is false concerning mini trials?

Back 27

A mini trial is binding

Front 28

The ADR technique where a shortened case is presented to a mock jury is called a:

Back 28

Summary jury trial

Front 29

When the arbitrator has rendered a final decision, it is called the:

Back 29

Award

Front 30

In the process of reference, the referee addresses a specific question of fact in a:

Back 30

Special reference

Front 31

The value system we apply when making moral choices and the inherent rightness or wrongness of the decisions we make is a process that can be defined as:

Back 31

Ethics

Front 32

" do unto others as you would have done unto you" is an example of:

Back 32

The deontological approach. A duty-based ethical theory.

Front 33

A "prima facie duty" is a moral duty that binds us unless it conflicts with:

Back 33

A more compelling (stronger) prima facie Duty

Front 34

Freedom of expression and the right of privacy are examples of:

Back 34

Negative rights

Front 35

Even when contrary to his or her desires, a "relativista" makes decisions based on a nation's:

Back 35

Traditions. Culture. Laws and morals.

Front 36

The shareholder Theory emphasizes the responsibility of a business to:

Back 36

Make a profit for its owners

Front 37

Obeying the letter of the law is:

Back 37

The minimum standard of behavior we expect from business.

Front 38

Which of the following would be considered a general rule consistent with business functions that adhere to basic ethical theories?

Back 38

Under confidentiality. Exercise due care. Act in good faith.

Front 39

Making profits while staying within the legal and ethical limits is known as:

Back 39

Optimizing profits

Front 40

California Association of Realtors (Car) is an example of a:

Back 40

Trade association

Front 41

A person who makes an untrue statement of fact, with no reasonable grounds for believing it to be true, is liable for the tort of:

Back 41

Negligent misrepresentation

Front 42

The remedies available to a victim of fraud include:

Back 42

Rescission. Affirmance.

Front 43

Defamation occurs when a person's reputation is:

Back 43

Harmed

Front 44

For the defense of privilege to exist, a person must be acting:

Back 44

In self-defense. In defense of another. To protect property.

Front 45

A basic defense to a claim of trespass is:

Back 45

Consent. Necessity.

Front 46

When a considerable number of people are affected, a nuisance is considered:

Back 46

Public

Front 47

Exercising the wrongful Dominion (control) over the personal property of another is called:

Back 47

Conversion

Front 48

The tort of negligence requires proof that the defendant breached a legal Duty:

Back 48

To use reasonable (ordinary) care. Owed to the plaintiff. That was the cause of of injury suffered by the plaintiff.

Front 49

In California, if something is a substantial factor in bringing about an injury, it is considered:

Back 49

A cause in fact

Front 50

Which of the following is true regarding comparative negligence:

Back 50

It is currently the predominant defense to negligence in California. It diminishes damages in proportion to the amount of fault attributable to the plaintiff.

Front 51

Where the injury occurs to a business product of the business person and not his or her reputation, then the cause of action is for:

Back 51

Disparagement

Front 52

A false and unprivileged statement about the title to real or personal property that causes actual monetary damages to the plaintiff is a:

Back 52

Slander of title

Front 53

A slander of title tort is designed to protect the:

Back 53

Marketability of the property

Front 54

A defense for disparagement is:

Back 54

Truth. Absolute privilege. Qualified privilege.

Front 55

Disparagement is concerned with:

Back 55

Damage to a business reputation.

Front 56

An intentional disparagement on the quality of another's property is called:

Back 56

Trade libel

Front 57

With a claim of disparagement, the plaintiff must prove:

Back 57

The claim is actually false.

Front 58

The tort of interference with the economic relations of others includes the theory of:

Back 58

Including a breach of contract. Interference with a contractual relationship. Interference with a prospective economic advantage of another.

Front 59

California has long recognized a category of the right of privacy sometimes referred to as the common law right of

Back 59

Publicity

Front 60

Inducement to breach another person's contract is an intentional act intended to produce an actual breach of a:

Back 60

Voidable contract. Or valid contract.

Front 61

A contract is:

Back 61

An agreement to do or not to do a certain thing. Enforceable by the courts.

Front 62

Terry has always gone to the same beautician, Monica, for the past five years. Each time Terry has had her hair trimmed and dyed "Ruby Red" . Terry arrives at the saloon for her scheduled appointment, sits down in the stylist chair, and begins talking about current news events. Monica trim her hair and dyes it "ruby red" . At the conclusion of her appointment, Terry is very satisfied with the result. If a contract exists, what type of contract is it?

Back 62

Implied bilateral contract

Front 63

Rejections are effective to terminate offers when they are:

Back 63

Received by the offeror

Front 64

If a court decision or statute makes the subject matter of an offer illegal, the offer:

Back 64

Is immediately terminated

Front 65

The "master of the offer" is the:

Back 65

Offeror

Front 66

Acceptance under the "mirror image rule" must be:

Back 66

Unequivocal. Unqualified. In absolute agreement with each and every term of the offer.

Front 67

When using an online site, if a person is required to click the "I agree" box before continuing, it is called a

Back 67

Clickwrap agreement

Front 68

A receipt from the post office that a letter containing an acceptance was mailed at a specific time in order to prove that a contract exists is based on the:

Back 68

Mailbox rule