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115 terms

2

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The prosecution in a criminal case need only establish by a preponderance of the evidence that the defendant committed the crime. A) True B) False
False
Only the government prosecutes criminal defendants. A) True B) False
True
Criminal liability does not depend on the commission or omission of an act. A) True B) False
False
Stealing computer time is not a crime. A) True B) False
False
Embezzlement can be committed only by physically taking property from the possession of another.A) True B) False
False
A bribe must consist of money to be a crime. A) True B) False
False
Under federal law, financial institutions must report transactions in excess of $10,000. A) True B) False
True
A mistake of fact can be a defense to criminal liability. A) True B) False
True
All evidence obtained in violation of the Fourth, Fifth, and Sixth Amendments normally must be excluded from a criminal trial. A) True B) False
True
A suspect who is informed of her right to remain silent is automatically protected from having her confession entered as evidence against her. A) True B) False
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. A) True B) False
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 A) beyond all doubt. B) beyond a reasonable doubt. C) clear and convincing evidence. D) a preponderance of the evidence.
B
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 A) one year. B) six months. C) ten years. D) thirty days.
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 A) one year. B) six months. C) ten years. D) thirty days.
one year
Adam is charged with the commission of a crime. To find criminal liability, most crimes require A) a specified state of mind or intent only. B) the performance of a prohibited act only. C) a specified state of mind and the performance of a prohibited act. D) none of the above.
C
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 A) burglary. B) forgery. C) larceny. D) robbery.
Larceny
Jack receives an MP3 player stolen from Kate. To be criminally liable, Jack must know or should have known A) only that the player is stolen. B) only that Kate is the true owner. C) that the payer is stolen and that Kate is the true owner. D) none of the above.
A
Ira signs Jill's name, without her authorization, to the back of a check made out to her. This is A) burglary. B) forgery. C) larceny. D) robbery.
Forgery
Doug gains access to government records and alters certain dates and amounts in his favor. This is A) embezzlement. B) forgery. C) larceny. D) robbery.
B
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 A) embezzlement. B) forgery. C) larceny. D) robbery.
Embezzlement
For Carla's solicitation of investors in a nonexistent business, she is charged with mail fraud. This requires A) only a scheme to defraud. B) only the use of the mail system. C) a scheme to defraud and the use of the mail system. D) none of the above.
C
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 A) Bill offered the bribe. B) Carol accepted the bribe. C) Carol overlooked the violations. D) none of the above.
A
Sandy, a businessperson, is convicted of RICO offenses. Sandy's penalties may include A) closing down a business, but not forfeiting its assets or selling it. B) forfeiting business assets, but not closing it down or selling it. C) selling a business, but not closing it down or forfeiting its assets. D) closing down a business, forfeiting its assets, or selling it.
D
Don, a businessperson, is charged with RICO offenses. Don may be subject to penalties under RICO only if he A) committed two or more certain federal or state crimes. B) has never been convicted of a crime. C) intends to commit future RICO offenses. D) was previously convicted of a crime.
A
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 A) appreciate the wrongfulness of his conduct only. B) appreciate the wrongfulness of his conduct and obey the law. C) appreciate the wrongfulness of his conduct or obey the law. D) obey the law only.
C
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 A) arrests without probable cause. B) excessive bail. C) trying someone for a criminal offense. D) unreasonable searches and seizures.
C
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 A) deprivations of life or liberty without due process of law. B) not being allowed to question witnesses. C) punishment. D) self-incrimination.
C
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 A) a trial by jury. B) punishment. C) question witnesses. D) remain silent.
D
Alice strikes Mary, but the action is not purposeful. Mary should sue Alice for: A) an intentional tort. B) negligence. C) strict liability. D) absolute liability.
B
A shopkeeper may lose the privilege afforded shopkeepers who detain a customer if: A) the customer is kept an unreasonable amount of time. B) the shopkeeper acted without reasonable suspicion. C) the shopkeeper acted with unnecessary force. D) all of the above.
A
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: A) defamation. B) wrongful interference with a contract. C) infliction of emotional distress. D) trespass.
C
Which of the following is a defense to defamation? A) slander B) libel C) truth D) none of the above
C
Defamation consisting of the publication or communication of false, spoken words is termed: A) slander. B) libel. C) privilege. D) perjury.
A
Maria intentionally attempts to have Patty break a contract Patty has with Alfred. Maria will be liable under which theory of tort? A) libel B) product disparagement C) wrongful interference with a contract D) infliction of emotional distress
C
The degree of care required of a person is: A) that which a person exercised in that situation. B) that which an extraordinary person would exercise under similar circumstances. C) that which an ordinarily prudent person would exercise under similar circumstances. D) none of the above.
C
Professionals have a duty to perform their jobs at the level of: A) a reasonable person. B) a reasonable professional in the same business. C) an extraordinarily careful person. D) none of the above.
B
Comparative negligence:A) has been rejected by most of the states. B) allows a comparison of negligence between plaintiff and defendant. C) has been held to be applicable regardless of the plaintiff's own negligence in all states. D) is a bar to recovery under the common law.
B
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? A) criminal B) contributory C) personal D) prejudicial
B
What defenses exist for strict liability? A) Few, if any. B) Only those established by statute. C) All defenses that are applicable to negligence. D) Many defenses.
A
What areas of law are covered within "Cyberlaw"? A) Tort only. B) Contract only. C) Constitutional only. D) Tort, contract, and constitutional.
D
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: A) Maria can sue Barb for the tort of battery. B) Maria can sue Barb for the tort of intentional infliction of emotional distress. C) Maria can sue Barb for the tort of slander of title. D) Maria can sue Barb for malpractice.
B
In order to establish the tort of false imprisonment, a person must show imprisonment for: A) any amount of time. B) at least one minute. C) at least ten minutes. D) at least one hour.
A
Mary purchases the boot leg DVD to her favorite movie while getting her hair done. Mary has committed the crime of larceny. A) True B) False
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. A) True B) False
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. A) True B) False
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? A) True B) False
True
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? A) True B) False
True
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. A) True B) False
True
A core requirement for strict product liability is that the product must be in a defective condition when the manufacturer sold it. A) True B) False
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. A) True B) False
True
An offer may be made only to a specific person. A) True B) False
False
A voidable contract is one that is otherwise valid but may be rejected or set aside by one of the parties. A) True B) False
B
A contract never can be both executory and executed. A) True B) False
B
An option contract gives one of the parties an absolute right to enter into a second contract at a later date. A) True B) False
True
The principle behind the quasi contract is to prevent unjust enrichment. A) True B) False
True
To create an offer, an offeror must intend, or it must appear that the offeror intends, to be bound to a contractual relationship. A) True B) False
A
In most cases, a merchant offeree may ignore any offer without fear of acceptance of the offeror's offer. A) True B) False
False
An acceptance must be absolute and unconditional. A) True B) False
True
The addition of any new terms in the acceptance, including terms that relate to mere clerical detail, converts the acceptance into a counteroffer. A) True B) False
False
A properly mailed acceptance takes effect when mailed, even if it never is received by the offeror. A) True B) False
True
The "necessaries" of minors are concisely defined by law. A) True B) False
False
Parents are liable for contracts signed by their minor children if the terms are reasonable. A) True B) False
False
Past benefits already received by a promisor cannot be consideration for a later promise. A) True B) False
True
Consideration is required to modify a contract for the sale of goods. A) True B) False
False
The doctrine of promissory estoppel cannot be applied if there is no consideration for the promise which was relied upon. A) True B) False
False
A novation is a substitution of a new contract involving a third party. A) True B) False
True
A rescinding party must restore the other party to that party's original position.A) True B) False
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. A) True B) False
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. A) True B) False
True
A merchant has greater warranty liability than does a casual seller. A) True B) False
True
The elements of a contract include all of the following except: A) an agreement. B) two or more competent parties. C) consideration. D) an illegal purpose.
D
To have a contract you must have: A) an offer. B) an acceptance. C) both an offer and an acceptance. D) an agreement manifested by the written or spoken words of the parties.
C
A contract under which one or both parties have not yet fully performed is termed a(n): A) void agreement. B) executory contract. C) executive contract. D) executed contract.
B
An offer of a reward for the arrest and conviction of a criminal is an example of: A) a unilateral contract. B) a bilateral contract. C) a quasi contract. D) a formal contract.
A
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: A) the customer already had accepted the offer. B) the price tag was a firm offer. C) no contract was formed because the customer's offer was refused. D) the customer is the offeree.
C
A counteroffer is a(n): A) acceptance of the original offer. B) rejection of the original offer. C) acceptance of the original offer and an invitation to negotiate further. D) a revocation of the original offer.
B
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? A) A's offer of $100 was open and accepted by B forming a contract. B) B's counteroffer of $135 terminated A's offer of $100. C) B's statement, "$135" was a negotiating statement that did not terminate the offer of $100. D) A's offer of $100 was irrevocable.
B
If no termination date is specified for an offer, the offer will remain open: A) for one year. B) for six months. C) for a reasonable time. D) until someone accepts the offer.
C
If an offeree dies before the offer has been accepted, the offer: A) may be rejected by the surviving spouse of the offeree. B) may be accepted by the surviving spouse of the offeree. C) is automatically revoked by the death of the offeree. D) may be accepted by the guardian appointed for any minor children of the offeree.
C
When an offer has been accepted: A) a contract always is formed. B) a binding agreement probably is formed. C) either party may withdraw without consent. D) the acceptance is executory.
B
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? A) The woman is liable for the reasonable value of the ring. B) The woman accepted the offer and is liable for $850. C) The young woman may keep the ring without liability. D) The young woman is obligated to return the ring.
C
An acceptance made in a telegram that never is delivered to the offeror: A) has no effect. B) is effective as an acceptance at the time that it is given by the offeree to the telegraph office for sending to the offeror. C) is effective as an acceptance as of the date it should have been received by the offeror. D) is not effective as an acceptance of the offer until the moment that the telegraph office begins to transmit the acceptance to the offeror.
B
A minor cannot avoid a contract to purchase a car if the: A) car has been destroyed. B) car has been damaged. C) car is used for the minor's work. D) minor is able to return the car but does not do so.
D
A person lacks contractual capacity if: A) the person is a chronic alcoholic. B) the person is a drug addict. C) because of mental impairment, the person does not comprehend that a contract is being made or understand its consequences. D) all of the above.
C
In which of the following cases is a contract between A and B binding? A) A makes a mistake of material fact. B) A and B make the same mistake of material fact. C) A recklessly but honestly misrepresents a material fact. D) A innocently misrepresents a material fact.
A
Jack sells Jim a used car that Jack falsely described as having been driven only 12,000 miles. Fraud has occurred if: A) Jim bought the car solely because of its color. B) Jim knew that the mileage was more than 12,000 miles. C) Jim relied upon Jack's statement. D) Jack's statement occurred after the sale.
C
B) the returning of the promisor's property. C) a promise to do the act called for by the promisor. D) the doing of the act called for by the promisor.
D
Which of the following can be consideration for a promise? A) refraining from beating one's spouse B) promising to refrain from beating one's spouse C) refraining from smoking cigarettes D) refraining from using cocaine
C
Consideration is not required in: A) contracts for the sale of goods. B) employment contracts. C) agreements to modify employment contracts. D) agreements to modify contracts for the sale of goods.
D
Which of the following statements made by the seller probably will not form an express warranty? A) "This looks beautiful on you." B) "This is 100 percent wool." C) "This motor generates 100 horsepower." D) "This is a 3.2 liter rotary engine."
A
The warranty of merchantability guarantees that the: A) party in question is a merchant. B) product is fit for its normal use at the time of the sale. C) product will remain fit for its normal use for a reasonable period of time. D) product can be resold by the buyer if the buyer does not want to keep it.
B
If an offeree accepts an offer before it is effectively revoked: A) a void contract is formed. B) a voidable contract is formed. C) an unenforceable contract is formed. D) a valid contract is formed.
D
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. D) all of the above.
D
Ordinarily, a promise to perform an existing legal obligation is: A) not consideration. B) binding if the promisor promises to perform with extra care. C) binding if the promisor promises to perform to suit the personal satisfaction of the promisee. D) binding if substantial loss would be caused the promisee by a breach of the promise.
A
In most cases, a merchant offeree may ignore any offer by another merchant. A) True B) False
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. A) True B) False
False
The Merchants Firm Offer Rule is irrevocable when a customer provides consideration for the purchase. A) True B) False
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? A) True B) False
False
Intent is the first thing you should consider when determining if an offer to contract has been initiated. A) True B) False
True
A merchant that receives non-conforming goods has the right to accept the goods, return the goods and ask to keep the goods until a reasonable time. A) True B) False
False
In Case 7.1, The Coca-Cola Co. v. The Koke Co. of America, the United States Supreme Court upheld an injunction prohibiting competing beverage companies from calling their products "Koke. A) True B) False
True
A generic term is not protected under trademark law unless it acquires a secondary meaning. A) True B) False
False
A) True B) False
False
A collective mark is used to distinguish the services of one person or company from those of another. A) True B) False
False
Trade dress can qualify for trademark protection if customers associate it with the product. A) True B) False
True
In the United States, a patent is given to the first person to invent a product or process, even though someone else may have been the first to file for the patent. A) True B) False
True
It is not possible to copyright an idea. A) True B) False
True
In a sole proprietorship, the owner receives all of the risk. A) True B) False
True
A sole proprietorship's income is taxed as the firm's profits, not as the owner's personal income. A) True B) False
False
A general partner is personally liable for partnership debts if the firm cannot pay its creditors. A) True B) False
True
In a limited partnership, the liability of a general partner is limited to the amount of capital he or she has invested in the partnership. A) True B) False
False
A limited liability company must have an operating agreement. A) True B) False
False
A partnership is never considered a legal entity apart from its owners. A) True B) False
False
A famous mark may be diluted by the use of a similar mark if it reduces the value of the famous mark. A) True B) False
True
Burger King is an arbitrary trade mark. A) True B) False
True