BUSINESS L 110 Business Law Final Practice1. Contains 675 Questions & Answers

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1 Business law consists of the enforceable rules of conduct that govern commercial relationships. True 2 Because of the law, we rely on the goodwill and dependability of one another. False 3 Pub... lic law controls disputes between private individuals or between groups and their government. True 4 Cyberlaw is based primarily on existing laws. True 5 Another name for case law is common law. True 6 Case law interpretations are law unless they are revoked later by new statutory law. True 7 The term "stare decisis" means "reversing the decision." False 8 The decision of a state supreme court is binding on a lower state court located in the state. True 9 Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations. False 10 Presidents claim the power to issue executive orders on the basis of their Article II, Section 1, constitutional power to "take care that the laws be faithfully executed." True11 The term "natural law" is another word for "legal positivism." False 12 Joan comes to Mike's law office to ask him about the law in regard to dogs running at large in her neighborhood. Mike tells Joan that he will research the issue and get back with her. Where should Mike look first in order to locate applicable law? State Statutes 13 Which of the following refers to the ability to understand the structure of what someone is saying and then apply a set of criteria to evaluate its worth? Critical Thinking Skills 14 Which of the following would be relevant areas of business law to a human resource manager? Contracts, employment and labor law, and employment discrimination 15 Laws are enforced by which of the following? Courts 16 A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as the ______. Law 17 Assume a business person who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on _____ law. Private law 18 If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on _____ law. Public19 Which type of law delineates the rights and responsibilities involved in relationships between persons and their government? Civil 20 Which type of law involves incidents in which someone commits an act against the public as a unit? Criminal 21 Assume a restaurant chain is forced to pay damages for breach of contract to a supplier. What type of law is involved? Private law and civil law 22 Assume the Securities and Exchange Commission prosecutes someone for insider trading. This prosecution is an example of _____ law. Criminal "The Stolen Book." Susan is told by Betty that Bob stole her business law book out of her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob had Susan arrested for slapping him, and the local district attorney is prepared to prosecute that matter on behalf of the state. Susan sues Bob for damages to the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. 23 Which of the following is true regarding Susan's claim against Bob for damages involving the book and her claim that Bob maliciously had her arrested? The claim for damages involving the book and also the claim that Bob maliciously had her arrested are civil claims involving private law. 24 The prosecution against Susan for slapping Bob involves which of the following? Public law and criminal law25 The action Bob has against Betty for defamation involves which of the following? Civil law and Private law "Inattentive Driving." Molly, a first year law student, decided to skip class and drive off campus to check on her new dress for the upcoming school dance. While driving, Molly is busy talking on her cell phone with her friend Sharon to convince her to going to the dance with Molly's brother who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient; but Molly says that under case precedent, that is his only remedy. The officer is annoyed because it is his lunch break. He tells Molly that she must obey duly authorized law, and proceeds to write several citations to her. 26 Which type of law is involved in the above situation considering Molly's interaction with both the officer and Sam? Public law, private law, civil law, and criminal law 27 Which of the following is true regarding Molly's predicament? Molly can be sued in a civil action by Sam, and she can also be prosecuted by the government for a criminal violation.28 The law in Molly's state regulating cell phone usage would be classified as which of the following? A statute 29 The officer's reference to the need for Molly to obey duly authorized law is a reference to which of the following? Legal Positivism 30 Molly's reference to precedent involves which of the following? Common law that is law unless revoked by new statutory law 31 The _______ is the supreme law of the land. US Constitution 32 The rules and regulations put forth by legislatures are referred to as _______ law. Statutory 33 Legislative acts passed by state legislatures can be found in the ______. State Codes 34 Legislative acts passed by the U.S. Congress can be found in the ______. US State Codes 35 The group that urges states to enact model laws to provide greater uniformity of law is called the ______. National Conference of Commissioners on Uniform State Laws 36 When the organization in charge of proposing uniform laws proposes a statute, which of the following is true? A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part. 37 Case law can be revoked by ______. New Statutes38 The term ______ involves the use of past decisions to guide future decisions. Precedent 39 The ______ is a body of law significant to business activities including sales, banking, and warranty. Uniform Commercial Code 40 When courts rely on precedent, they are obeying ______. Stare Decisis 41 "International Expansion." Zach wants to expand his coffee business internationally - into Zeno, a small remote country. He moves there temporarily in order to oversee operations. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices in the world. So long as I'm legal in the U.S., I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of paid vacation per year. 41 Which of the following is true regarding Zach's defense that he thought he knew the law of Zeno because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Zeno is the same as the U.S. on this issue.) Rules change and Zach had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new.42 The type of law involved in comparing laws between the U.S. and Zeno is ____. Comparative Law 43 Which of the following is true regarding Zach's legal problems in Zeno? Zach must obey the laws of Zeno when operating a business in Zeno and cannot rely upon U.S. laws as a defense. 44 Which of the following cases overturned prior precedent? Brown v. Board of Education 45 Which of the following is true regarding administrative agencies? Administrative agencies exist at the federal, state, and local level. 46 Which of the following is true regarding treaties at the federal level? A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate. 47 Which of the following contains summaries of common law rules in a particular area of the law? Restatements of the Law 48 Which of the following is an independent agency? The Consumer Product Safety Commission 49 Which of the following is an executive agency? The Federal Deposit Insurance Corporation "To the Dogs." Alice loves all animals and is starting a new grooming business for them. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs must bekept on a leash at all times when not in an inside area. Although Alice is placing her business on a large lot with a fenced outside area allowing plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that some members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. 50 Alice's idea that dogs have basic rights, and her plan to exceed laws involving cleanliness and health standards is rooted in which of the following? Natural Law 51 Alice's plan to obey all laws and regulations even if she does not agree with them is rooted in which of the following? Legal Positivism 52 Alice's plan to seek change through following what others have done in the past, petitioning city council, is rooted in which of the following? The historical school 53 The concept of _____ suggests that individuals should have the freedom to disobey a law enacted by people if their conscience goes against the law and they believe the law is wrong. Natural Law 54 Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of ______. Legal positivism 55 In which school of jurisprudence is the concept of stare decisis rooted?The historical school 56 Which of the following is reported in the Federal Reporter? Common Law 57 Which of the following is reported in the United States Code? Statutes 58 Which of the following is reported in the Code of Federal Regulations? Administrative law 59 Which of the following is based on the idea that, when ruling on a case, judges consider more than just the law; they also weigh factors such as social and economic conditions? Legal Realism 60 Which approach to jurisprudence is based on choosing alternatives that maximize benefits and minimize costs, and is tied to the pursuit of efficiency? Cost-benefit analysis 61 Candy wants to start an Internet business doing business domestically as well as internationally. She is told by the Chinese government that certain items on her site are objectionable and illegal, and that if she wants to do business in China, she must remove the objectionable material. Which of the following is true? If Candy wants to do business in China, she must abide by Chinese law. 62 Ethical conversation is primarily about finding the one and only right thing to do. False63 Business ethics is the application of ethics to the special problems and opportunities experienced by business people. True 64 The social responsibility of business consists only of the expectations employees have of employers. False 65 Insurer American International Group (AIG) is well known in the insurance industry for its ethical and cautious investments protecting investors. False 66 In some countries, businesses must pay bribes in order to receive legitimate supplies. True 67 In an ethical analysis using the WPH Framework referenced in the text, owners are the most important stakeholders and should receive the greatest consideration in decision making regardless of the type of problem addressed. False 68 The definition of stakeholder is the same as the definition of shareholder. False 69 The community in which a firm operates would not be considered a stakeholder of the firm. True 70 Situational ethics is the same thing as ethical relativism. False 71 Consequentialism provides a rigid set of rules to follow regardless of the situation.False 72 Utilitarianism is a form of consequentialism. True 73 Ethics is not an issue in accounting because of the primarily objective data involved in that field. False 74 Juries decide questions of law. False 75 Usually the issue of ripeness arises when one party claims that a case is moot. True 76 The word "jurisdiction" comes from the Latin terms juris, meaning "law," and diction, meaning "to speak." True 77 In rem jurisdiction references jurisdiction over a person. False 78 Under federal statutory law, Internet transactions cannot be the basis for a finding of in personam jurisdiction. False 79 Subject-matter jurisdiction is a court's power to hear certain kinds of cases. True 80 State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. True 81 Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case. True 82 Once a case is in the proper court system, venuedetermines which trial court in the system will hear the case. True 83 In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction. True 84 A person who has the legal right to bring an action in court has standing. True 85 Intermediate courts of appeal in the state court system exist in all states. False 86 Under our system of justice, courts may issue advisory opinions. False 87 The defendant responds to a complaint with an answer. False 88 Because of its complicated nature, any complaint should be at least three pages long. False 89 A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer. True 90 A reply is an answer to a counterclaim. True 91 A party only has a limited number of challenges for cause in jury selection. True92 Peremptory challenges in jury selection may not be racially based. True 93 In most civil cases, a plaintiff must prove her case beyond a reasonable doubt. False 94 Only one party may appeal from a final judgment. False 95 If an appellate judge agrees with the majority's decision, but for different reasons, the judge may write a "concurring" opinion. True 96 On average, the U.S. Supreme Court hears 300 cases a year. False 97 Mike, a resident of Georgia, sues Company A in state court in Georgia for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A strikes his pick-up truck in the rear. Company A is incorporated in Delaware, has its headquarters in New York, but does a substantial amount of business in Georgia. Company A seeks removal to federal district court, but Mike opposes the motion. Which of the following is true regarding whether the case may be properly removed to federal district court? The amount in controversy satisfies diversity requirements; and if Company A's nerve center is in a state other than Georgia, then the case may be properly removed to federal court. 98 In what state is XYZ Bank, a federally chartered bank,considered a citizen? The bank is considered a citizen of the state in which it is located, meaning the state in which its main office as specified in its articles of incorporation is located. 99 Which of the following is true regarding the use of peremptory challenges based on gender? Peremptory challenges may not be based on gender. 100 Ann, a Massachusetts resident, breached a contract entered into in Florida with Bruce. Bruce successfully obtains a judgment against Ann for $150,000 in a Florida state court. Ann lives in a nice apartment in Massachusetts, and her only substantial asset is a vacation beach house in North Carolina. Which of the following is true regarding Bruce's ability to obtain funds from a sale of the beach house? [Show More]

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