BL Final

Created by kristin2008 

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True or false?
A federal law that conflicts with the U.S. constitution will be deemed

TRUE

T or F
A state law that conflicts with the U.S. constitution will be deemed unconstitutional

TRUE

Appeals to the Supreme Court must come via Writ of Certiorari and the Supreme Court judges have the discretion to determine which courses they want to hear.. Each year the judges hear a little more than 100 cases. T OR F?

False The US. Supreme Court hear fewer or less than 100 cases per year

Federal agency regulations take precedence over conflicting state agency regulations. T or F?

True.

The U.S. Constitution is the supreme law of the United States. T or F?

True

The United Supreme Court is the only court expressly created in the U.S. Constitution under Article II Section 1.

False it is Article III Section 1

A right can exist

only if there is a corresponding duty

Sheriff Jane desires to search your home. What law requires that the sheriff obtain a search warrant?

The Fourth Amendment of the United States Constitution.

Statutes that are drafted from the Uniform State Laws are often used to regulate..

Business

Original Jurisdiction Courts are generally what type of courts?

Appellate

The types of civil cases that can be brought in federal district court include...

cases between citizens of different states....

State supreme courts primarily have what type of jurisdiction?

appellate

Voir Dire examiniation is used in connection with

jury selection

Gail is a resident of New Hampshire. While working in the state of Vermont, Gail enters into a contract with Heather, a resident of Vermont. Gail breaches the contract, Heather files a suit against Gail in Vermont. Regarding the courts power over Gail, Vermont can...

exercise in personam jurisdiction ..Under conflicts of law jurisdiction in personam provides the court uthority over the person where a contract was initiated. In this case Gail entered into the contract in the state of Vermont. Thus, Vermont maintains jurisdiction over Gail even though her domicile is in New Hampshire.

Rad Television aired a show entitled "Do It Yourself." This program instructed the viewing audience on how to manufacture certain illegal drugs and where to buy the necessary ingredients. Rad Television was notified that it was being charged with violation of a regulation of the FCC, a federal agency. What type of law was Rad Television charged with violating?

Administrative law

Beth a resident of California is suing Natasha, a resident of Alabama, for $90,000. Beth is suing for defamation (state law). Would a federal district court have jurisdiction to decide this case?

Yes. A federal district court would have jurisdiction because Beth and Natasha are residents of different states and the case and controversy involves $75,000 or more.

How judges apply the law to specific disputes may depend in part on their personal philosophical views.

true...The method judges use to apply the law to specific disputes may depend in part on their personal philosophical views.

Simply obeying the law does not fulfill all ethical obligations.

true

Ignorance of the law will always excuse a buinsess from liability for violation of that law.

false

Federal statutes apply to all states

true

Jill is an appellate court judge. In this capaciaty, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by:

that court and courts of a lower rank

To Pete, the written law of a particular society at a particular time is most significant. Pete is

a legal positivist

In Nebraska, the highest-ranking (superior) law is

a provision in the nebraska constitution

Georgia enacts a state law that violates the U.S. Constitution. This law

cannot be enforced

25.
If a provision in the Florida state constitution conflicts with a provision in the U.S. Constitution

the US constitution takes precedence

Jay is a federal judge. Jay's judicial decisions are part of case law. This law includes interpretations of

administrative regulations, constitutional provisions, and statutes.

Civil law is concerned with disputes between persons and

other persons and between citizens and their governments.

In business negotiations, Cleo, the chief executive officer of Design Associates, Inc., follows "The Golden Rule," which

mandates compassionate treatment of others in all situations.

The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in

whether a case is being heard for the first time.

In business negotiations, Cleo, the chief executive officer of Design Associates, Inc., follows "The Golden Rule," which

mandates compassionate treatment of others in all situations.

The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in

whether a case is being heard for the first time.

Consumer Goods Corporation sells products that are poorly made. Tina, who has never bought a Consumer Goods product, files a suit against the firm, alleging that its products are defective. The firm could ask for dismissal of the suit on the basis that Tina does not have

standing

Judges use precedent when deciding a case in a common law legal system. t or f?

true

How judges apply the law to specific disputes may depend in part on their personal philosophical views. t or f?

true

Stare decisis is a doctrine obligating judges to follow precedents established within their jurisdictions. t or f?

true

Accountants are not subject to criminal penalties for violations of the Internal Revenue Code. t or f?

false

Doing substantial business in a jurisdiction exclusively over the Internet is not enough to support jurisdiction over an out-of-state defendant. t or f?

false

An answer can deny the allegations made in a complaint. t or f?

true

A rural judge wants to be hard on crime. Mary jay walked and was told by her lawyer that she would only get a fine. The judge now says that he does not feel that is good enough and belives jay walking is very dangerous he says 3 days in jail should help her make better choices. This judge's school of thought would be under the natural law tradition t or f?

false

The president of the United States can make laws. t or f?

false

Only members of Congress can make laws .. t or f?

true

Under Article 1 in the U.S. Constitution the President of the Unite States has the authority to raise your taxes. t or f?

false

Article IV of the Constituion provides citizens of different states to be allowed to practice their professions, obtain licensure, pursue their business and happiniess. t or f?

true

The 13th amendment allows individuals to privately sue for racial discrimination. t or f?

true

Under Article 1 Section 7 even if the President of the U.S. vetos a bill it may still become a law. t or f?

true

Theoretically, the power over commerece authorizes the national government to regulate every commercial enterprise in the United States. t or f?

true

Microsoft corporation was was accused of a violation of the Sherman Anti Trust Act called Tying. t or f?

true

According to Judge Daniels price fixing is a crime whether its committed in a grocery store or in the halls of an acution house. t or f?

true

States Probate Courts are also known as courts of limited/special jurisdiction. t or f?

true

Mailing drugs to a friend would be considered a case for a state court system.t or f?

false...mailing an illegal substance is a federal offense..

The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime. t or f?

false

Only the government prosecutes criminal defendants. t or f?

true

Criminal liability does not depend on the commission or omission of an act. t or f?

false

Stealing computer time is not a crime. t or f?

false

Embezzlement can be committed only by physically taking property from the possession of another. t or f?

false

A bribe must consist of money to be a crime. t or f?

false

Under federal law, financial institutions must report transactions in excess of $10,000. t or f?

true

A mistake of fact can be a defense to criminal liability. t or f?

true

All evidence obtained in violation of the Fourth, Fifth, and Sixth Amendments normally must be excluded from a criminal trial. t or f?

true

A suspect who is informed of her right to remain silent is automatically protected from having her confession entered as evidence against her. t or f?

false

The higher burden of proof in criminal cases reflects a fundamental social value--that it is worse to convict an innocent individual than to let a guilty person go free. t or f?

true

Gail is a private lender who is charged with filing false claims in bankruptcy proceedings against her debtors. The standard of proof to find a defendant who has been charged with a crime guilty is

beyond a reasonable doubt

Earl, driving while intoxicated, causes a car accident that results in the death of Frank. Earl is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for more than

one year

Cathy causes a disturbance at Diners Cafe. She is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punishable by imprisonment up to

one year

Adam is charged with the commission of a crime. To find criminal liability, most crimes require

a specified state of mind and the performance of a prohibited act.

Ben wrongfully takes an unopened carton from a City Warehouse loading dock, puts the carton in his car, and drives away. A person who wrongfully or fraudulently takes and carries away another's personal property is guilty of

larceny

Jack receives an MP3 player stolen from Kate. To be criminally liable, Jack must know or should have known

only that the player is stolen

Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is

forgery

Doug gains access to government records and alters certain dates and amounts in his favor. This is

forgery

Eve, a First Bank employee, deposits into her account checks that are given to her by bank customers to deposit into their accounts. This is

embezzlement

For Carla's solicitation of investors in a nonexistent business, she is charged with mail fraud. This requires

a scheme to defraud and the use of the mail system

Bill offers Carol, a building inspector, money to overlook the violations in his new warehouse. Carol accepts the money and overlooks the violations. The crime of bribery occurred when

bill offered a bribe

Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include

closing down a business, forfeiting its assets, or selling it.

Don, a businessperson, is charged with RICO offenses. Don may be subject to penalties under RICO only if he

committed two or more certain federal or state crimes.

Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, as a result of a mental disease or defect, Evan lacked substantial capacity to

appreciate the wrongfulness of his conduct or obey the law.

Bob is arrested at his home, after the police search it and seize certain property to be used as evidence. A judge sets Bob's bail, as required by a state statute, and Bob is put on trial. The U.S. Constitution provides safeguards against all of the following except

trying someone for a criminal offense.

The police arrest Lou, who confesses to a crime. Later, Lou refutes the confession and demands a trial, at which witnesses testify they saw him commit the crime. Lou is convicted and sentenced. The U.S. Constitution provides safeguards against all of the following except

punishment.

Harry, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Harry must be informed of his right to

remain silent

Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for:

negligence

A shopkeeper may lose the privilege afforded shopkeepers who detain a customer if:

the customer is kept an unreasonable amount of time

John owed Barney money. Barney called John's home several times per day for five weeks asking for repayment, with some of the calls coming after midnight. Barney might be liable for:

infliction of emotional distress

Which of the following is a defense to defamation?

truth

Defamation consisting of the publication or communication of false, spoken words is termed:

slander

Maria intentionally attempts to have Patty break a contract Patty has with Alfred. Maria will be liable under which theory of tort?

wrongful interference with a contact

The degree of care required of a person is:

that which an ordinarily prudent person would exercise under similar circumstances.

Professionals have a duty to perform their jobs at the level of

a reasonable professional in the same business.

Comparative negligence:

allows a comparison of negligence between plaintiff and defendant

If the plaintiff has either engaged in or refrained from actions that are at least partially to blame for the injuries received, what negligence has occurred?

contributory

What defenses exist for strict liability?

few, if any

What areas of law are covered within "Cyberlaw"?

Tort, contract, and constitutional.

Maria and Barb are competing for head cheerleader. With intent to cause emotional harm to Maria, Barb repeatedly made terrible, harassing, and obscene phone calls to Maria. Maria was so frightened by the calls that she suffered a nervous breakdown requiring her to be hospitalized. Under these facts:

Maria can sue Barb for the tort of intentional infliction of emotional distress.

In order to establish the tort of false imprisonment, a person must show imprisonment for:

any amount of time

Mary purchases the boot leg DVD to her favorite movie while getting her hair done. Mary has committed the crime of larceny. t or f?

true

Mary does not need to know the identity of the owner of the boot leg DVD she purchased or the name of the person (theif) who sold it to her in the salon to be guilty of larceny. t or f?

true

Going to the store and writing a check knowing that you do not have the funds in the bank to cover the check may be grounds for a criminal charge of larceny. t or f?

true

If Tyson waks off with Mary's briefcase he may not be guiltybecause there was no theft, but can he be charged with a civil tort? yes or no?

yes

If John is using his lawnmower and is injured by a manufacturer defect and then his cousin using the same lawnmower is injured can both gentlemen sue the manufacturer of the lawnmower? yes or no?

yes

A baby food company that says its ingredients are all natural when they are actually loaded with additives may be liable for fraud under negligence in tort law. t or f?

true

A core requirement for strict product liability is that the product must be in a defective condition when the manufacturer sold it. t or f?

true

A company who creates rat poison that looks like candy may be liable under the product liability doctrine if it were foreseeable that a child would think the poison was candy, potential of harm of consumption, the availablity of an alternative design, as well as if the harm was preventable. t or f?

true

An offer may be made only to a specific person. t or f?

false

A voidable contract is one that is otherwise valid but may be rejected or set aside by one of the parties t or f?

false

A contract never can be both executory and executed. t or f?

false

An option contract gives one of the parties an absolute right to enter into a second contract at a later date.t or f?

true

The principle behind the quasi contract is to prevent unjust enrichment. t or f?

true

To create an offer, an offeror must intend, or it must appear that the offeror intends, to be bound to a contractual relationship. t or f?

true

In most cases, a merchant offeree may ignore any offer without fear of acceptance of the offeror's offer. t or f?

false

An acceptance must be absolute and unconditional. t or f?

true

The addition of any new terms in the acceptance, including terms that relate to mere clerical detail, converts the acceptance into a counteroffer. t or f?

false

A properly mailed acceptance takes effect when mailed, even if it never is received by the offeror. t or f?

true

The "necessaries" of minors are concisely defined by law. t or f?

false

Parents are liable for contracts signed by their minor children if the terms are reasonable. t or f?

false

Past benefits already received by a promisor cannot be consideration for a later promise. t or f?

true

Consideration is required to modify a contract for the sale of goods. t or f?

false

The doctrine of promissory estoppel cannot be applied if there is no consideration for the promise which was relied upon. t or f?

false

A novation is a substitution of a new contract involving a third party. t or f?

true

A rescinding party must restore the other party to that party's original position.t or f?

true

An express warranty is basically any statement of fact or promise made about the goods that becomes part of the basis of the bargain. t or f?

true

When a buyer makes a purchase without relying on the seller's skill and judgment, no warranty of fitness for a particular purpose exists. t or f?

true

A merchant has greater warranty liability than does a casual seller. t or f?

true

The elements of a contract include all of the following except:

an illegal purpose

To have a contract you must have:

both an offer and an acceptance

A contract under which one or both parties have not yet fully performed is termed a(n):

an executory contract.

An offer of a reward for the arrest and conviction of a criminal is an example of:

a unitlateral contract.

A customer went into a store and saw a beautiful leather jacket bearing a price tag of $29. The customer handed the cashier a $50.00 bill and said, "I accept. We have a deal." The cashier then noticed the price tag and told the customer an error had been made and that the price was $229. In this case:

no contract was formed because the customers offer was refused

A counteroffer is a(n):

a rejection of the original offer

A said to B, "I'll give you $100 for that bracelet." B replied, "$135." A said, "NO thanks." B then said that B accepted the $100, but A was no longer interested and said there was no contract. B insists there is a contract. Result?

B's counteroffer of $135 terminated A's offer of $100.

If no termination date is specified for an offer, the offer will remain open:

for a reasonable time

If an offeree dies before the offer has been accepted, the offer

is automaticaly revoked by the death of the offeree

When an offer has been accepted:

a binding agreement is probably formed

A young woman received an unordered diamond ring in the mail along with a bill for $850. She called the store and was told it was a sales promotion and she should pay for the ring or return it. She said, "Thank you for the free ring." The young woman kept the ring, did not pay, and was sued. Result?

the young woman may keep the ring without liablility

An acceptance made in a telegram that never is delivered to the offeror:

is effective as an acceptance at the time that it is given by the offeree to the telegraph office for sending to the offeror.

A minor cannot avoid a contract to purchase a car if the:

minor is able to return the car but does not do so.

A person lacks contractual capacity if:

because of mental impairment, the person does not comprehend that a contract is being made or understand its consequences.

In which of the following cases is a contract between A and B binding?

A makes a mistake of material fact.

Jack sells Jim a used car that Jack falsely described as having been driven only 12,000 miles. Fraud has occurred if:

Jim relied upon Jack's statement.

In a unilateral contract, the consideration for the promise is:

the doing of the act called for by the promisor.

Which of the following can be consideration for a promise?

refraining from smoking cigarettes

Consideration is not required in:

agreements to modify contracts for the sale of goods.

Which of the following statements made by the seller probably will not form an express warranty?

"This looks beautiful on you."

The warranty of merchantability guarantees that the:

product is fit for its normal use at the time of the sale.

If an offeree accepts an offer before it is effectively revoked:

a valid contract is formed

Inadequacy of consideration may be evidence of:

A) the exercise of undue influence.
B) taking advantage of the condition of the other party.
C) unconscionability.

answer :all of the above.

Ordinarily, a promise to perform an existing legal obligation is:

not consideration

In most cases, a merchant offeree may ignore any offer by another merchant

false

Julie wants to purchase a violin for her audition with the Miami Orchestra. She goes to Ms. Mabels house of violins in her home town to purchase a new violin. When she enters the store Ms. Mable greets and tells Julie that the "A Core" violin will work "just fine" for her debut and is on sale today for $152.00. Julie goes to her audition and the Director of the Miami Orchestra tells her that the Miami O. is a professional orchestra and why did she come to her audition with a "child like" violin. He tells Julie she is apparently not ready for the Miami Orchestra and tells her to leave. Julie in tears calls her dad and tells him what is happening and he immediately files a complaint against Ms. Mable for Implied Warrent of Merchantability.

false

The Merchants Firm Offer Rule is irrevocable when a customer provides consideration for the purchase. t or f?

false

Denise is purchasing a flat screen plasma television from Ellie for $523.00. Ellie is in a hurry and does not have time to write a receipt. If Denise has reason to file a claim against Ellie will she be successful? y or n?

no

Intent is the first thing you should consider when determining if an offer to contract has been initiated. t or f?

true

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