Business law semester review
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43 terms
Terms | Definitions |
|---|---|
 a constitution | The document that sets forth the framework of a government and its relationship to the people it governs is a) the Bill of Rights b) an ordinance c) a constitution d) the Uniform Commercial Code (UCC) |
| criminal matters | Which of the following will police investigate? a) civil matters b) interstate matters c) intrastate matters d) criminal matters |
| rules and regulations | Laws made by administrative agencies are often called a)ordinances b) rules and regulations c) standards d) guidelines |
| English common law | The current American legal system has evolved from various sources throughout the centuries. However, the United States legal system is based on a) equity law b) French common law c) English common law d) positive law |
| all of these | At what level are laws created in the United State? a) federal government b) state government c) local government d) all of these |
| affect you or others in some significant way | To involve ethics, a decision must a) affect you or others in some significant way b) be based on emotion c) value each person differently from another person d) all of these |
| it is always in our self-interest to do so | We are obligated to obey the law but not because a) ethical reasoning demands it b) it is always in our self-interest to do so c) we have agreed to do so d) we avoid punishment by doing so |
| violating the law violently | Which of the following is not an example of civil disobedience a) violation the law b) violating the law openly c) violating the law violently d) violating the law openly and peacefully |
| emotion | Which of the following criteria should be used in making an "ethical decision? a) reason b) emotion c) impartiality d) all of thes |
| 1789-Congress declared the Constitution effective | Our existence as a truly united country began in a) 1776-Declaration of Independence b) 1784-Peace treaty ratified by the Continental Congress c) 1789-Congress declared the Constitution effective d) 1790-Rhode Island became the last of the original thirteen states to ratify the Constitution |
| life, liberty, or property | The U.S. Constitution provided that persons may not be deprived of the following without due process of law: a) life, liberty, or property b) food, clothing, and shelter c) health, happiness, and prosperity d) life, liberty, or the pursuit of happiness |
| all, or a combination, of these | If convicted under due process of law, a criminal may be deprived of a) liberty, by impisonmnet b) property, by fine or order to make restituion c) life, by execution d) all, or a combination, of these |
| republic, or representative democracy | Under the Constitution, our federal government is a a) republic, or representative democracy b) two-political-party balance of interests and power c) democracy, tainted by special interests d) pure democracy |
| ... | Prior to drafting and adopting the Declaration of Independence, the 13 original states united under a charter called the a) Confederation Declaration b) U.S. Constituion 1787 c) Petition of Rights 1628-English d) Articles of Confederation 1781 |
| executive, legislative, and judicial | The three branches of the U.S. government are a)President, Congress, and Supreme Court b) President, House of Representatives, and Senate c) executive, legislative, and judicial d) President, Vice President, and Supreme Court |
| all of these | A court may a) impose punishment b) award damages c) grant appropriate relief d) all of these |
| an arbitrator | Who of the following makes decisions that bind the parties to a dispute? a) a mediator b) an arbitrator c) a conciliator d) none of these |
| both a and b | Negotiating a settlement between injured parties without going to court may include a) an arbitrator b) a mediator c) both a and b d) none of these |
| examine transcipts | Appellate courts a) examine transcripts b) call witnesses c) accept new evidene d) all of these |
| proof beyond a reasonable doubt | What is the standard of proof in a criminal case? a) proof by clear and convincing evidence b) proof by a preponderance of the evidence c) proof beyond a reasonable doubt d) none of these |
| to avoid the risk of being convicted of a more serious offense | Why would a defendant accept a plea bargain? a) to avoid the rish of being convicted of a more serious offense b) to confront the accuser at the trial c) to save the court time and money d) to win favor with a judge |
| grant immunity | What can the government do to compel a witness to testify after she or he has asserted the right against self-incrimination? a) arrest the witness b) ask the judge to hold the witness in contempt c) grant immunity d) plea bargain |
| to establishment of an alibi | Which of the following would not create a procedural defense? a) the denial of the right to cross-examine witnesses b) the establishment of an alibi c) failure to provide the defendant with a lawyer during a criminal trial d) the use of force to coerce a confession |
| actions that interfere with the administration of justice | Which of the following is the best definition of contempt of court? a) actions that interfere with the administration of justice b) failure to file an appeal on time c) words that express disrespect for witnesses d) willful disregard of the instruction of one's lawyer |
| punishment | Court imposed penalties provided by law are known as a) defenses b) misdemeanors c) contempt of court d) punishment |
| an offense against an individual | A tort is a) an offense against an individual b) an offense against society c) both a and b d) none of these |
| conspiracy | Which of the following is not an element of most torts? a)causation b) conspiracy c) injury d) violation of a duty |
| the subpoena | Which of the following compels a witness to appear in court and testify? a) the complaint b) the subpoena c) the tort d) the verdict |
| the jury | In a jury trial, who decides issues of fact? a) the defendant b) the judges of the appellate court c) the jury d) the trial judge |
| true | A complete defense for slander and libel must show that the statement is a) false b) injurious to one's reputation c) true d) none of these |
| negligence | The most common tort is a) fraud b) assault c) battery d) negligence |
| time | Which of the following is not one of the major requirements for a contract? a) time b) genuine assent c) capacity d) consideration |
| ... | A valid offer must becommunicated to the offeree and a) the offeror must intend to create a legal obligation b) the terms must be definite and complete c) both a and b d) none of these |
| all of these | An unaccepted offer may be terminated by a) a counteroffer b) a reasonable length of time c) the rejection of the offeree d) all of these |
| without both offer and acceptance on mutually agreed terms | There is no contract a) without the exchange of money b) without both offer and acceptance on mutually agreed terms c) both a and b d) none of these |
| has the ability, according to law, to understand his or her actions and the effect of those actions | Capacity to contract means that the person a) has a genuine need for the goods or services purchased b) has ample room to store goods that are purchased c) has the ability, according to law, to understand his or her actions and the effect of those actions d) all of these |
| bilateral contracts | Offers that require the offeree to accept by communicating the requested promise to the offeror are a) unilateral contracts b) bilateral contracts c) matching offer contracts d) mirror image rules |
| revocation | The right to withdraw an offer before it is accepted is known as a) revocation b) a counteroffer c) termination d) consideration |
| all of these | A genuine agreement may be lacking due to a) duress b) fraud c) undue influence d) all of these |
| relationship | Key elements in undue influence are unfair persuasion and a) relationship b) ownership c) both a and b d) none of these |
| a unilateral mistake | A mistake from failure to read a contract before signing is called a) a fraudulent mistake b) a mutual mistake c) a unilateral mistake d) none of these |
| fact | In misrepresentation, the statement must be one of a) slander b) fact c) opinion d) unimportant information |
| litigate | To resolve a dispute in court means to a) mediate b) arbitrate c) probate d) litigate |
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