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Study Resources (Business Management)

  True / False Questions 1.Real property includes land and everything permanently attached to it. 2.The laws of intellectual property protect tangible property. 3.Ownership of real property includes the airspace above the land but not the mineral rights below the land. 4.A landowner may be required to involuntarily transfer their property to the government. 5.An easement.
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  51.Which of the following is relevant in determining whether a particular government statute violates the Establishment Clause?  A. Whether the statute has a secular legislative purpose. B. Whether the statute's principal or primary effect either advances or inhibits religion. C. Whether the statute fosters an excessive government entanglement with religion. D. Whether the statute has a secular legislative.
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  38.Robby calls Bobby on the telephone and threatens to come over and break his nose. Which of the following is true? A. Robby's conduct constitutes a battery. B. Robby's conduct constitutes an assault. C. Robby's conduct constitutes both a battery and an assault. D. Robby's conduct does not constitute an assault because there is no question of immediate.
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  31.Which of the following is an order issued by an agency to appear at a particular time and place and provide testimony?  A.A subpoena B.A subpoena ducestecum C.A summons D.A summons ducestecum E.A required documented appearance 32.Which of the following is an order issued by an agency to appear at a particular time and place and.
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  78.Assuming res ipsa loquitur applies, what is the effect of that doctrine? A. It requires a finding of negligence. B. It prohibits a finding of negligence. C. The burden of proof shifts to the plaintiff. D. The burden of proof shifts to the defendant. E. The burden of proof rises to proof beyond a reasonable doubt. 79.Which of the following is.
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  57.With which of the following does a government website address end? A. .gov B. .edu C. .net D. .org E. .com 58.Which of the following is responsible for registering domain names for Internet use? A. Internet Solutions Inc. B. Domain Names Co. C. Internet Domain Inc. D. Network Solutions Inc. E. Findability Inc. 59.A registrant may lose registration of a domain name for Internet usage by not using it for more than.
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  11.Personal property can be tangible property but not intangible property. 12.A causa mortis gift may be revoked any time before the donor's death and is automatically revoked if the donor recovers. 13.To register a domain name on the Internet, an application must be filed with Network Solutions Inc., which is funded by.
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  11.Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists. 12.Negligence is an intentional behavior, which creates an unreasonable risk of harm to others. 13.In some situations, the law specifies the duty of care one individual owes to another. 14.The courts.
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  61.A _____ is a computer program that rearranges, damages, destroys, or replaces computer data.  A. poison pill B. tracker C. drone D. clone E. virus 62.In United States v. Park, was this corporate executive defendant held criminally liable for failing to ensure the company's compliance with the law?  A. That the defendant could not be held liable because it could not be proven.
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  Essay Questions 77.Explain the system of checks and balances and how it works, and set forth your opinion as to why or why not this system supports a democratic form of government.  78.Explain the concept of the "dormant commerce clause." Address whether or not a state law banning the importation of out-of-state.
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  41.A person who illegally accesses or enters another person's or a company's computer system to obtain information or to steal money is known as a _____.  A. backer B. reacher C. hacker D. trespasser E. illicit user 42.A hacker tries to obtain the identification numbers of government employees will be charged with:  A. embezzlement. B. cyber terrorism. C. bribery. D. fraud. E. false pretenses. 43.For a corporation to be held criminally liable.
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  37.Which of the following is false regarding property interests in Vietnam? A. The constitution asserts that the state owns all the land. B. If an individual wants to use land, he or she must pay tax on it as a form of rent. C. Transference of property can occur only with the approval of a state.
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  11.Computer crimes are a relatively new kind of crime.  12.In general, Chinese government officials who are convicted of accepting bribes will be punished with the same sentence as U.S. government officials convicted of the same offense.  13.Under the common law, a corporation could not be found guilty of a crime due to.
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  71.Divorce Fallout. Dr. Fred, following a messy divorce, has encountered significant financial difficulties. Dr. Fred has a friend named Slick Slim who tells Dr. Fred that he has been making lots of money by selling people a wristband that allegedly places pressure on a nerve that signals hunger resulting in.
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  67.In the intellectual property arena, the term ______ refers to the overall appearance and image of a product. A. product appearance B. trade dress C. design fabrication D. trade appearance E. product application 68.Which of the following is a type of property that can be touched? A. Tangible B. Intangible C. Substantive D. Productive E. All of these 69.Bank accounts, stocks, and insurance policies are examples of which of the following types.
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  61.In order to be upheld in court, an agency's fact finding must be supported by which of the following?  A.Substantial evidence B.A rational basis C.Any evidence D.Reasonable evidence E.Non-hearsay evidence 62.Which of the following is false regarding the Freedom of Information Act?  A.Information may be obtained under the act regarding how an agency gets and spends its.
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  Multiple Choice Questions 28.Which of the following is a tort? A. A civil or criminal action in state court. B. A civil or criminal action in state court or federal court. C. A breach of contract. D. A wrong or injury to another, other than a breach of contract. E. None of these. 29.Which of the following is true of the term.
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  31.Which of the following is the making of threats for the purpose of obtaining money or property?  A. Bribery B. Criminal Fraud C. Extortion D. Both bribery and extortion E. Importation 32.Which of the following is the making of an entry into the books of a bank or corporation that is designed to represent the existence of funds that do not.
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  68.Which of the following is the determination that the defendant's breach of duty resulted directly in the plaintiff's injury? A. Proximate cause. B. Legal cause. C. Apparent cause. D. Actual cause. E. Significant cause. 69.Which of the following is sometimes referred to as "but-for" causation? A. Proximate cause. B. Significant cause. C. Actual cause. D. Legal cause. E. Constructive cause. 70.Proximate cause is also sometimes referred to as which of the following? A. Actual.
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  121.Define absolute privilege in the context of defamation and give an example of when an absolute privilege would be applied. 122.Do individuals have a general duty to rescue strangers from perilous situations? Further, discuss whether or not you believe individuals should have a duty under tort law to rescue strangers from.
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  True / False Questions 1.The Foreign Corrupt Practices Act prohibits foreign officials from entering the U.S. to conduct illegal business.  2.The primary purpose of criminal law is to compensate victims.  3.An individual can file a criminal law suit.  4.The burden of proof in a civil case is much higher than the burden of proof.
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  71.DUI Charge. Monique was licensed to train massage therapists. A new federal agency, the Aesthetic and Massage Commission, took very seriously its role of enforcing the statute enabling the Commission to do its work and providing that licensed massage therapists must refrain from "any act or conduct indicating bad faith,.
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  71.Insurance. Susan, a trained nurse, was recently elected to the U.S. Senate. Susan is very concerned about the lack of insurance for many children and also working adults who cannot afford the insurance premiums. She proposes legislation that states are taxed sufficiently to provide health insurance coverage to children and.
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  True / False Questions 1.States may have slightly different definitions of each tort. 2.The main purpose of tort law is to punish the defendant. 3.The classifications of torts may be different in foreign countries. 4.To be successful in an intentional tort, the plaintiff must show that the defendant intended to harm the plaintiff. 5.A defendant.
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  47.A(n) ________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer. A. copyright B. patent C. trade secret D. trademark E. intellamark 48.Which of the following is true regarding whether the shape of a product or package may.
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  Essay Questions 77.List the elements the government must prove in order to establish bribery of a public official under the federal statute criminalizing that offense.  78.Discuss five ways to punish white-collar criminals discussed in the text. Discuss the pros and cons of each.  79.Define the term "criminal fraud" and discuss the three elements.
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  31.If the FDA bans the use of green food coloring in baked goods due to health and safety concerns but the Florida legislature enacted a statute allowing the use of green food coloring in baked goods, the Florida law is:  A. unconstitutional. B. overrides the FDA ban. C. valid for Florida only. D. valid for Florida only until.
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  88.Under which of the following does the court determine the percentage of fault of the defendant requiring that the defendant be more than 50 percent at fault before the plaintiff can recover? A. Assumption of the risk. B. Last-clear-chance. C. Modified comparative negligence. D. Pure comparative negligence. E. Both modified comparative negligence and last-clear-chance. 89.Which of the following is a doctrine.
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  58.___________ damages are compensation awarded to punish the defendant. A. Nominal B. Compensatory C. Punitive D. Retaliatory E. Revenge 59.Assume Bob is driving and suddenly has an unexpected heart attack causing him to run over a student crossing the street breaking the student's leg in the process. Which of the following is true? A. The student can recover upon a showing of injury..
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  True / False Questions 1.The U.S. Constitution establishes a system of government based on the principle of federalism.  2.The U.S. Constitution allocates power of the federal government between the executive and judiciary branches.  3.Federalism is a system of government in which power is divided between the legislative and executive branches of government.  4.The U.S..
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  21.A patent grants the holder exclusive rights for 40 years. 22.An invention may be considered a trade secret. 23.Trade-secret protection is lost if another business discovers the trade secret in a lawful manner. 24.In Germany land expropriated by the government reverts to its former owner if the government no longer needs the property. 25.In.
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  Multiple Choice Questions 27.What are the three basic types of property? A. Real, absolute, and personal B. Real, intellectual, and land C. Intellectual, land, and minerals D. Real, personal, and intellectual E. None of these choices. 28.Land and everything permanently attached to it are known as: A. Real property B. Personal property C. Absolute property D. Listed property E. Fee property 29.The right to enter onto property to remove underground materials is included.
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  51.A judge reports that a jury was "hung." What does the judge mean?  A. That the jury wanted to hang the defendant by imposing a heavy sentence. B. That the jury wanted to hang the prosecutor for unjustly charging the defendant. C. That the jury could not reach a decision. D. That the jury had waited an excessive.
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  Multiple Choice Questions 21.What system does the U.S. Constitution establish to keep the legislative branch from dominating the other branches of government?  A. The Bill of Rights B. The Commerce Clause C. Federalism D. Checks and balances E. The Tenth Amendment 22.According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated?  A. It is allocated to.
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    82.Set forth the steps involved in formal rule making.  83.Set forth the steps involved in hybrid rule making.  84.When may an agency claim an exemption from rule making requirements on the basis that public notice and comment procedures are "impracticable, unnecessary, or contrary to the public interest" and what steps must be.
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  61.Which of the following are types of due process?  A. Procedural due process only B. Substantive due process only C. Independent due process only D. Procedural, substantive, and independent due process E. Procedural and substantive due process, but not independent due process 62.Which of the following refers to the basic fairness of laws that may deprive an individual of her life,.
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  48.Which of the following is not an element that must be shown for trespass to realty? A. Defendant entered the land of another without permission. B. Defendant caused an object to be placed on the land of another without the owner's permission. C. Defendant removed the owner's personal property from the owner's possession and control. D. Defendant stayed.
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  11.The Seventh Amendment is the primary source of authority for federal regulation of business.  12.The case of Marburyv. Madison was the turning point for the Supreme Court's interpretation of the commerce clause.  13.The courts have held that Congress has the authority to pass The Americans with Disabilities Act according the commerce clause.  14.The.
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  124.Identify the elements of negligence. 125.Set forth the translated meaning of the term "res ipsa loquitur" as well as what a plaintiff must demonstrate in order to rely upon that doctrine. 126.Assume a jurisdiction has a law that all residential swimming pools must have a fence that is at least six feet.
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  41.Which amendment extends most of the provisions of the Bill of Rights prohibiting state interference in citizens' exercise of their rights to the states?  A. Thirteenth B. Fourteenth C. Twenty-first D. Twenty-second E. Fortieth 42.Which amendment provides that the government cannot infringe on citizens' right to bear arms?  A. First B. Second C. Fifth D. Sixth E. None 43.Which amendment protects citizens from unreasonable searches and seizures and requires a finding of.
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  Multiple Choice Questions 21.The burden of proof in a criminal case is:  A. preponderance of the evidence. B. actus Reus. C. mens Rea. D. actual malice. E. beyond a reasonable doubt. 22.Actus reus is Latin for:  A. wrongful behavior. B. wrongful state of mind. C. liability without fault. D. beyond a reasonable doubt. E. petty offenses. 23.Liability without fault is also known as which of the following?  A. Strict liability. B. Negligence. C. Actus reus. D. Intentional wrongdoing. E. Recklessness. 24.Murder is which classification.
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  41.Which of the following is a federal independent agency?  A.The Consumer Product Safety Commission B.The Veterans Administration C.The Occupational Safety and Health Administration D.The Consumer Product Safety Commission, the Veterans Administration, and the Occupational Safety and Health Administration E.The Consumer Product Safety Commission and Veterans Administration, but not the Occupational Safety and Health Administration 42.Which of.
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  21.More than half the states remain contributory negligence states. 22.To use the assumption of the risk defense successfully, a defendant must prove that the plaintiff voluntarily and unreasonably encountered the risk of the actual harm the defendant caused. 23.Implied assumption of the risk occurs when the plaintiff expressly agrees, usually in a.
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