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Chapter 4 TRUE/FALSE QUESTIONS 1.Persons found to have committed a tort usually must either pay a fine or serve time in prison. F[moderate] 2.Punitive damages can be recovered in strict liability and intentional tort cases. 3.Physical contact is not necessary to be liable for the tort of assault. 4.In order for an assault to occur, there.
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62.As originally drafted, the protections in the Bill of Rights limited intrusive action by: a.The federal government only. b.State governments only. c.Federal, state, and local governments. d.The legislative and executive branches of the federal government, but not to state and local governments. e.The federal government and businesses that operate across state lines. 63.What did the Fourteenth.
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41.Depositions are written questions submitted by one party to a lawsuit to another party. 42.Whenever a lawsuit is filed, both parties must submit to physical and mental examinations. 43.Companies such as Microsoft and LexisNexis have developed systems to manage e-filings of court documents. 44.In deciding a motion for judgment on the pleadings, a.
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21.              Ethical relativism allows an individual to evaluate the ethics of his actions based on his own feelings about what is ethical. 22.The Sarbanes-Oxley Act requires a public company to disclose whether it has adopted a Code of Ethics for senior financial officers. 23.              Under the maximizing profits theory of the social.
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63.The original source of the Uniform Commercial Code was: a.The U.S. Constitution. b.Congress. c.The state legislature of Delaware. d.The United Nations. e.The National Conference of Commissioners on Uniform State Laws. 64.Which of the following best describes the Restatement of the Law of Contracts? a.The supreme legal authority for contract law b.A law that has been adopted, at least.
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11.In all defamation of character cases, the plaintiff must prove that the defendant knew that the statement was false. 12.A party can be liable for defamation for truthful statements if the statement hurts the plaintiff’s reputation. 13.In order for the tort of outrage to occur, all states require that the victim incur.
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31.              A contract that fails to meet the requirements of the Statute of Frauds is an example of an unenforceable contract. 32.              A contract remains executory as long as any party to the contract has not fully performed. 33.The making of an offer occurs prior to the formation of a contract. 34.              The.
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72.Which of the following is correct regarding freedom of religion under the U.S. Constitution? a.It comes from the Establishment Clause as well as the Free Exercise Clause. b.It applies only to those religions in existence on the date the Constitution became effective. c.It gives practitioners of any religion absolute rights to take part in.
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53.Someone who makes moral and ethical decisions based on his own beliefs is applying which moral theory? a.Ethical relativism b.Utilitarianism c.Ethical fundamentalism d.Kantian ethics e.Rawls’s distributive justice theory 54.Which two philosophers proposed a social contract theory of morality? a.John Locke and Jean Jacques Rousseau b.Jeremy Bentham and John Stuart Mill c.Karl Marx and Joseph Story d.Milton Friedman and Henry Ford e.R.J..
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83.Which of the following is not a formal contract? a.Contract under seal b.Recognizance c.Negotiable instrument d.New car purchase contract 84.Which of the following is true regarding contract validity? a.A void contract is one where a party has the option to avoid his/her contractual liability. b.A voidable contract is one in which a party may avoid his/her obligation.
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31.A person who is injured from a fall from a mechanical horse who has witnessed several persons including herself fall from the horse is subject to an assumption of risk defense. 32.A tort claim of unfair competition seldom succeeds because of the policy of encouraging open and vigorous competition. 33.Some states allow.
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21.              An offer for a unilateral contract can always be revoked at any time prior to the offeree’s completion of the requested act. 22.              One requirement of an express contract is that it be in writing. 23.              An implied-in-fact contract is one based on the conduct of the parties. 24.              In the case.
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51.Appellate courts are generally concerned with questions of law. F[easy] 52.The most common form of alternative dispute resolution is arbitration. 53.Litigation is time-consuming and expensive. 54.An arbitrator’s decision is generally known as a judgment. 55.The Uniform Arbitration Act is a federal statute that applies to all states. 56.The U.S. Supreme Court has upheld the use of.
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MULTIPLE CHOICE QUESTIONS—LEGAL CONCEPTS 47.Which of the following is not true about the United States criminal law system? a.Criminal defendants are presumed innocent until proven guilty. b.The burden of proof in a criminal case is on the government. c.A jury’s vote to convict must be unanimous. d.Once there has been an arraignment, most of a.
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MULTIPLE CHOICE QUESTIONS—LEGAL CONCEPTS 39.Which of the following is not one of the general categories of torts? a.Strict liability b.Rational c.Negligence d.Intentional 40.What is the definition of a tort? a.Any violation of an ethical duty b.Any crime or misdemeanor c.Any action done in violation of a prior agreement, which allows the victim to recover damages d.Any civil wrong that allows the.
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TRUE/FALSE QUESTIONS 1.              The fact that a contract is legally enforceable means that the police can be called to make the other party live up to the terms of the contract. 2.Without mutual assent between the parties, there is no contract. 3.Something of “legal” value must be given to support a contract. 4.              There.
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41.Search warrants are not required for searches of business premises for businesses in certain heavily regulated industries. 42.The Supreme Court held that the reading of Miranda rights to criminal suspects before questioning is necessary in order to inform the suspect of his Fifth Amendment privilege against self-incrimination. 43.When the government grants immunity.
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89.Which of the following is not a purpose of discovery? a.To eliminate surprise at trial b.To save the time of the court c.To promote the settlement of cases d.Preserving evidence e.To avoid the use of the evidence at trial 90.Live testimony taken under oath before the actual trial is a discovery device known as a(n): a.Deposition. b.Interrogatory. c.Arbitration. d.Intervention. e.Production of.
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73.Which of the following is not required in order to create an implied-in-fact contract? a.The plaintiff having provided property or services to the defendant b.An expectation of payment by the plaintiff c.The plaintiff having not provided the services gratuitously d.An agreement between the parties on the amount of the payment e.An opportunity by the defendant.
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11.              In a case in the text involving a used-car dealer accused of fraud, the court of appeals stated that an “as is” clause in a contract prevents a seller from being liable for fraudulent concealment based on the seller’s failure to disclose pertinent facts to a buyer. 12.              Deontology is.
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77.Which of the following is true about money laundering? a.The primary difficulty with money laundering activities is that money laundering is not itself illegal. b.Although illegal, the penalties for money laundering are too small to be an effective deterrent. c.Money laundering is a federal crime and can carry fines up to $500,000 or.
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31.A distinguishing characteristic of embezzlement is that the wrongdoer initially had proper custody or access to the property that was embezzled. 32.Bribery is one of the most prevalent forms of white-collar crime. 33.A person who offers a bribe is not guilty of a crime if the offeree does not accept the bribe. 34.It.
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MULTIPLE CHOICE QUESTIONS—LEGAL CONCEPTS 33.Which of the following statements is true regarding the relationship of law and ethics? a.The legal requirement will almost always be the same as the ethical requirement because the law is based on the ethical standards. b.In some cases ethics will require a higher standard of conduct than the.
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21.Congress appoints one justice as chief justice responsible for the administration of the Supreme Court. 22.A majority decision of the U.S. Supreme Court that is not unanimous does not become precedent. 23.There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is.
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TRUE/FALSE QUESTIONS 1.In a criminal prosecution, the government must prove that the defendant is guilty by the preponderance of the evidence. 2.In the United States legal system, a person charged with a crime is presumed guilty unless the person can prove he or she is not guilty. 3.Statutes are the primary source of.
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69.Which of the following best describes the effect of Good Samaritan laws? a.Medical professionals are obligated to stop and assist persons in need. b.Medical professionals have a lower duty of care to strangers than to their regular patients. c.Medical professionals cannot be held liable if they cause injury to someone they provide medical care.
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11.              The federal common law of contracts is the most important common law source with state common law relative to contracts filling in gaps in the federal common law. 12.              There is some variation in contract law from state to state. 13.              The Uniform Commercial Code is a source of contract law.
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52.Which of the following would take precedence over a state constitution under the Supremacy Clause of the U.S. Constitution? a.The U.S. Constitution only b.The U.S. Constitution and treaties with foreign nations c.The U.S. Constitution and federal statutes d.The U.S. Constitution, federal statutes, and federal regulations e.The U.S. Constitution, federal statutes, federal regulations, and treaties with.
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93.       Which of the following is correct regarding a “counteroffer”? a.Is no different from any other offer b.Is not really an offer, but operates as the revocation of an offer c.Operates as both an offer and an acceptance d.Is treated as both a rejection of an offer and a new offer e.Is treated as a.
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43.The golden rule, “Do unto others as you would have them do unto you,” is most directly reflected in which moral theory? a.Ethical relativism b.Utilitarianism c.Ethical fundamentalism d.Kantian ethics e.Rawls’s distributive justice theory 44.Kantian ethics can best be characterized by: a.The consultation of an outside source, such as a book or person, for guidance. b.The belief that the.
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49.What differs in a defamation suit when the plaintiff is a public figure, as opposed to when the plaintiff is not a public figure? a.Punitive damages are available. b.The plaintiff need not prove actual injury to the reputation. c.The plaintiff can recover even when the statement is a mere opinion. d.The plaintiff must prove.
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11.If a defendant is indigent, the state will pay the defendant’s attorney fees in a civil case. 12.The U.S. Courts of Appeal were created by Congress rather than the U.S. Constitution. 13.The United States District Court is the general jurisdiction trial court in the federal system. 14.Each state has only one U.S. District.
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Chapter 6 TRUE/FALSE QUESTIONS 1.              Businesses organized in the United States are subject to the laws of other countries in which they operate. 2.              All ethical standards have been enacted as law. 3.              If something is legal, it is also ethical. 4.              In a case involving Bayer Corporation, a Bayer Corporation executive was awarded millions.
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69.Which of the following is correct with regard to the Court of Appeals for the Federal District? a.It hears appeals of all federal district courts. b.It hears its cases in New York City. c.It includes three Supreme Court justices on its panel of judges. d.It hears appeals only from within the District of Columbia. e.It.
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59.Negligence is also known as what kind of tort? a.An unintentional tort b.An intentional tort c. Strict liability d.Unfair competition e.Breach of contract 60.A medical doctor who commits medical malpractice has committed what tort? a.Defamation of character b.Intentional infliction of emotional distress c.Trespass d.Negligence 61.Which of the following is true about the case against McDonald’s for serving very hot coffee? a.The plaintiff.
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Chapter 3 TRUE/FALSE QUESTIONS 1.General jurisdiction courts are often referred to as courts of record. 2.An inferior court is a court whose decision must be approved by a higher court in order to be effective. 3.Generally, the parties in a small claims court cannot have a lawyer represent them. 4.Small claims courts are considered courts.
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21.A plea bargaining agreement prevents the accused in a criminal procedure from being sued in a subsequent civil proceeding. 22.After a criminal trial, only the defendant has the right to appeal the verdict. 23.The jurors at a criminal trial must unanimously agree that the defendant is guilty of the accused criminal act. 24.Judges.
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31.A forum-selection clause allows parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction. 32.Courts generally frown upon forum shopping. 33.If Harry, a Georgia resident, commits a crime in California, the proper venue would be in Georgia because that is where.
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11.              If a person is insane at the time of signing a contract, but has not been adjudged insane, that contract is void. 12.              When a person is adjudged insane, that person loses the ability to enter into contracts. 13.              An insane person must pay the contract price for the necessaries of.
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21.As part of a lawsuit based on negligence, a plaintiff’s spouse may have a cause of action for loss of consortium based on negligent injury to the plaintiff. 22.In order to meet the causation requirement in a negligence tort, causation in fact and proximate cause must be proven. 23.A plaintiff can generally.
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MULTIPLE CHOICE QUESTIONS—LEGAL CONCEPTS 53.Which of the following is true? a.Contracts can be classified as either voluntary or involuntary. b.All contracts are legally enforceable. c.The terms of a valid contract become private law between the parties. d.Contract promises are generally not enforced by the courts. 54.Which of the following is not characteristic of a valid contract? a.It.
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MULTIPLE CHOICE QUESTIONS—LEGAL CONCEPTS 59.The following are examples of limited jurisdiction trial courts except: a.Small claims court. b.Appellate court. c.Family law court. d.Traffic court. e. Probate court. 60.An inferior trial court is one that: a.Can hear only matters involving relatively small dollar amounts. b.Has had a larger than normal portion of its decisions overturned on appeal. c.Has an appointed judge.
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63.The theory of business social responsibility that holds that a business owes duties to the various constituencies such as customers and employees in addition to the shareholders is: a.The moral minimum theory. b.The maximizing profits theory. c.The stakeholder interest theory. d.The corporate citizenship theory. 64.The theory of business social responsibility that holds that a business.
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67.Which of the following is not true concerning the Sentencing Reform Act of 1984? a.The United States Sentencing Commission was created by this legislation. b.A judge cannot depart from the sentencing guidelines. c.The United States Sentencing Commission adopted special sentencing guidelines for white-collar crimes committed by corporate and business criminals. d.A judge may impose.
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Chapter 8 TRUE/FALSE QUESTIONS 1.              The law presumes that the parties to a contract have the requisite  contractual capacity to enter into a contract. 2.              The infancy doctrine allows adults to receive the reasonable value for necessaries of life that they contract for. 3.              The adult party to a contract with a minor has.
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