BA3301 final exam

BA3301 final exam

Question # 00005384 Posted By: neil2103 Updated on: 12/14/2013 07:24 PM Due on: 12/31/2013
Subject Law Topic Business Law Tutorials:
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Question 1

  1. Many areas of law important to businesses are governed by the Uniform Commercial Code.

2 points

Question 2

  1. The town of Somerset passed a law forbidding parking on Main Street between the hours of 9:00 a.m. and 4:00 p.m. This is an example of an ordinance.

2 points

Question 3

  1. Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another.

2 points

Question 4

  1. The federal government and state governments have separate and distinct powers. This arrangement constitutes a(n)_______________separation of powers.




2 points

Question 5

  1. Stare decisistranslates as




2 points

Question 6

  1. The jurist who presides over an equitable proceeding is called the




2 points

Question 7

  1. It is the function of the jury to decide the facts that are in dispute in a case.

2 points

Question 8

  1. To which of the following can the need to go to different courts for legal and equitable remedies be traced?




2 points

Question 9

  1. Only the United States Supreme Court can issue an interlocutory decree.

2 points

Question 10

  1. When the Supreme Court agrees to hear a case, it issues a writ of execution.

2 points

Question 11

  1. The written questions that parties to a suit send each other that are answered in writing under oath are interrogatories.

2 points

Question 12

  1. Peremptory challenges (or strikes) may not be based on race or gender.

2 points

Question 13

  1. A jury is selected through a process of asking potential jurors questions and eliminating unsuitable candidates. This process is called_____________.




2 points

Question 14

  1. The requirement that someone have a personal stake or interest in the outcome of a case in order to be a plaintiff is called _________________ to sue.




2 points

Question 15

  1. Lawyers traditionally have a limited number of opportunities to reject potential jurors without having to give a reason. These are known as _______________challenges (or strikes.)




2 points

Question 16

  1. Procedural and evidentiary rules are much less rigid in courts of law than in arbitration proceedings.

2 points

Question 17

  1. Businesses are more and more likely to submit disputes to arbitration because it is less time consuming and costly than litigation.

2 points

Question 18

  1. The vast majority of disputes in our society are settled without recourse to either arbitration or litigation.

2 points

Question 19

  1. The legal term for referring an issue to arbitration is




2 points

Question 20

  1. Which of the following statements about arbitrators is correct?




2 points

Question 21

  1. The federal government has exclusive control over all aspects of private and commercial aviation in the United States. This is an example of the federal government’s power to _______________an area of regulation.




2 points

Question 22

  1. Which of the following is the doctrine of substantive due process designed to address?




2 points

Question 23

  1. Under which standard of review would a court hear a case involving government regulation of commercial speech?




2 points

Question 24

  1. Assume that State University institutes a curfew for the female students who live on campus. To protect both the safety and morals of its female population, State University requires that the female students be in their dorms by 1:00 a.m. every night. There is no curfew for male students because they are less likely to be victims of attacks. If Nellie Nightowl wants to protest, which provision of the Constitution will she claim is being violated?




2 points

Question 25

  1. In order to protect the health and welfare of its residents, has a law requiring that all public swimming pools be tested daily for bacteria. passed this law pursuant to its ________________powers.




2 points

Question 26

  1. An American company cannot be liable for violating American anti-trust laws if the activity complained of takes place in another country.

2 points

Question 27

  1. The process whereby a government takes control of private property in a way that is illegal under international law is________________.




2 points

Question 28

  1. The provision in the Foreign Corrupt Practices Act that allows an American company to make personal payments to clerks and other low level government employees in foreign countries is what type of exception?




2 points

Question 29

  1. The federal government can control what goods are imported into the United States but not what goods are exported to foreign countries.

2 points

Question 30

  1. What is an IBE?




2 points

Question 31

  1. Anna and Frank are leaving their jobs at Big Firm to start a company of their own. Which of the following may they do legally to start up their new enterprise?




2 points

Question 32

  1. One advantage to doing business as a standard corporation is that profits “pass through” to the shareholders and are taxed only at the owner level.

2 points

Question 33

  1. The loan from a bank to a start-up enterprise is an example of equity financing.

2 points

Question 34

  1. Al, Beth, and Cal are wealthy individuals who invested $150,000 each in a start-up LLC. These investments are classified as _________financing for the business.




2 points

Question 35

  1. Courts will not enforce provisions in contracts that violate public policy.

2 points

Question 36

  1. The insanity defense that allows someone to avoid criminal liability if the criminal act was the “product of a mental disease or defect” is the _____________rule.





2 points

Question 37

  1. Acts which are wrongful in themselves and prohibited by almost all civilizations are classified as ______________crimes.




2 points

Question 38

  1. Embezzlement is an example of a white collar crime.

2 points

Question 39

  1. In prosecuting insider trading cases, the government often identifies people who were given “tips” to buy a certain stock from friends who worked for the corporation and were thus privy to inside information. Both the insider (the “tipper”) and the “tippee” have criminal liability. The government may promise that it will not prosecute the “tippee” if he testifies against the insider at trial. This is an example of________________.




2 points

Question 40

  1. The standard of proof for issuing a search warrant is clear and convincing evidence.

2 points

Question 41

  1. To be liable for intentional infliction of emotional distress a defendant must have engaged in conduct that was outrageous and completely intolerable to the community.

2 points

Question 42

  1. The purpose of criminal law is to punish while the purpose of tort law is to compensate the victim.

2 points

Question 43

  1. What is the difference between libel and slander?




2 points

Question 44

  1. A construction company that damaged the property of others while blasting would be liable in strict liability.

2 points

Question 45

  1. Competitor wrongfully claims that one of the ingredients used in the manufacture of Hungry Dog dog food contains melanine, which is poisonous to animals. Competitor has committed the tort of____________.




2 points

Question 46

  1. Beth invited friends for a BBQ and touch football game in her backyard. Roger, one of her guests, broke his ankle when his foot slipped into a hole as he ran out for a pass. Several malfunctioning sprinkler heads have been removed from the lawn for repairs, leaving dangerous, but hidden, holes. In common law, would Beth be liable to Roger for his injuries?




2 points

Question 47

  1. The “state of the art” defense is available to any manufacturer in a product liability suit based on strict liability

2 points

Question 48

  1. Whether or not a doctor acted negligently is a question of fact for a jury to decide.

2 points

Question 49

  1. Assume that Sussex County has a law requiring that all passenger elevators be inspected every six months. Local Hospital failed to have its passenger elevator inspected when required, and a door that malfunctioned injured a hospital visitor. Visitor’s attorney will use the doctrine of ________________to show that Local Hospital breached a duty of care.




2 points

Question 50

  1. To which of the following can the development of negligence law in the nineteenth century can be traced?




2 points

Question 51

  1. Nellie Neighbor made the following offer to two students who lived next door: “I will give you each $50 if you come to my house and move some furniture for me on Saturday.” To accept this offer, what should the students do?




2 points

Question 52

  1. A plaintiff may be awarded either compensatory damages or consequential damages, but not both.

2 points

Question 53

  1. The person who makes an offer to form a contract is the ______________.




2 points

Question 54

  1. Quantum meruit refers to the compensation owed a party under an express contract.

2 points

Question 55

  1. If the seller of a parcel of real property breaches and refuses to sell, the best legal remedy for the buyer who wants this particular piece of property is




2 points

Question 56

  1. What must be used in an accord and satisfaction to discharge the obligations due under a contract?




2 points

Question 57

  1. Manny Manufacturer agreed to buy widgets from Supplier only on the condition that the widgets would be delivered in ten days time. When Supplier could not meet the delivery date, Manny agreed to accept the widgets one week later. Manny’s acceptance of a different performance date under this contract is a/an _________________of the original condition.




2 points

Question 58

  1. Unless expressly stated otherwise, contracts for the sale of goods assume that the seller’s duty to tender goods and the buyer’s duty to pay are _______.




2 points

Question 59

  1. All contracts that are performed in installments are legally classified as divisible contracts.

2 points

Question 60

  1. Carl had a contract to deliver six hundred yards of carpeting to Renovator for installation in an office complex. Three days before the delivery date, Carl called to say that he would not be able to deliver the carpeting “any time in the near future.” Assume that Carl learns that he can procure the needed carpeting after all and wants to reinstate the contract. What rights does Carl have in these circumstances?




2 points

Question 61

  1. Matt is employed as the manager of Local Steak House, with wide-ranging responsibilities for all aspects of the business. What is Matt’s position?




2 points

Question 62

  1. Bill hired Acme Paving to pave his driveway. Acme is Bill’s __________________.




2 points

Question 63

  1. If the agent dies, the agency agreement terminates by operation of law.

2 points

Question 64

  1. If an agency agreement does not state how much an agent is to be paid, what results?




2 points

Question 65

  1. Which of the following isnotan example of a trade secret?




2 points

Question 66

  1. Parker is a dealer in Oriental antiques and rugs. A sign in his store recommends that customers bring in their rugs to him for cleaning and repair. In fact, Parker does none of the cleaning or repair work himself. He sends the rugs to Local Cleaners, for whom he works as an agent making a 20 percent commission. Due to a mishap at Local’s plant, the rug belonging to Parker’s customer was damaged. Is Parker liable to the customer for the damage?




2 points

Question 67

  1. It is the duty of an agent to notify third parties when his agency is terminated.

2 points

Question 68

  1. A principal has the duty to notify third parties when an agency terminates.

2 points

Question 69

  1. Whether or not a principal has ratified a contract is a question of law to be decided by the judge at trial.

2 points

Question 70

  1. Alan is the general manger of a restaurant. Although not mentioned in his employment contract, as part of carrying out his management duties he has the authority to buy supplies, hire employees, put ads on the radio, engage a cleaning service, pay bills, etc. These duties are expressions of his _____________authority.




2 points

Question 71

  1. Whether or not a servant was acting in the scope of his employment when he injured a third party is a question of __________ to be decided by the ______.




2 points

Question 72

  1. A master can normally avoid liability for damages caused by a servant if he can show that the servant misunderstood his instructions.

2 points

Question 73

  1. ERISA requires that all employers with more than fifteen employees provide health insurance for the employees.

2 points

Question 74

  1. Which of the following statements about employer-funded pension and health benefit plans istrue?




2 points

Question 75

  1. Employers who violate OSHA regulations are subject to fines and, if the violations are willful, imprisonment.

2 points

Question 76

  1. Under the National Labor Relations Act, businesses maynotdo which of the following?




2 points

Question 77

  1. The good cause exception to employment at will arises during the course of a worker’s employment based on the way the employer evaluates rewards and disciplines the employee.

2 points

Question 78

  1. Which of the following category of worker isnotcovered by the National Labor Relations Act?




2 points

Question 79

  1. To be protected by the public policy exception to employment at will, the public policy that the employee acts to advance must be tied to a constitutional, statutory or administrative law.

2 points

Question 80

  1. What act did Congress pass for the purpose of guaranteeing uniformity and fairness to all who are called to deal with federal administrative agencies?




2 points

Question 81

  1. Which of the following protects the confidentiality of private information collected by federal government agencies and provides a mechanism for citizens to correct information that was submitted to an agency?




2 points

Question 82

  1. The party against whom an administrative complaint is filed is the _____, who is afforded the right to respond to the complaint in writing.




2 points

Question 83

  1. Which act did Congress pass with the purpose of empowering private citizens with tools to request information from the federal government?




2 points

Question 84

  1. Which of the following requires a court to overturn a newly crafted agency rule only when there is a showing of no factual basis for the rule?




2 points

Question 85

  1. Courts provide administrative agencies significant discretion to ________.




2 points

Question 86

  1. Courts will apply the _________ when they give no deference to the administrative agency decision and make an independent determination of the facts after performing a new hearing.




2 points

Question 87

  1. An act of Congress that forbids creditors from discriminating against potential debtors on the basis of selected attributes is the ________.




2 points

Question 88

  1. The Fair Credit Reporting Act requires the person who is the target of a credit inquiry to consent to the disclosure of his or her credit information.

2 points

Question 89

  1. One purpose of the Consumer Product Safety Act is to establish which of the following for consumer products?




2 points

Question 90

  1. An act of Congress that controls the gathering, preservation and reporting of credit-related information is the ________.





2 points

Question 91

  1. The Fair Credit Billing Act provides a mechanism for consumers to remedy errors received on which of the following?




2 points

Question 92

  1. Under the Equal Credit Opportunity Act, creditors are forbidden from making statements to applicants that would discourage them from applying for credit.

2 points

Question 93

  1. To establish a claim for deceptive advertising, its must be proven that actual customers were mislead into purchasing the product.

2 points

Question 94

  1. ________ are the maximum allowable amount of exposure to major pollutants in outdoor air.




2 points

Question 95

  1. A ______ is a plan that each state creates and implements for the purpose of meeting national ambient air quality standards.




2 points

Question 96

  1. The Clean Water Act was enacted to make water clean enough for swimming and other recreational purposes.

2 points

Question 97

  1. The principal source of the sulfur dioxide and nitrogen oxide found in acid rain comes from ________.




2 points

Question 98

  1. Corporate officers may be imprisoned for knowingly violating the Clean Air Act.

2 points

Question 99

  1. When addressing environmental concerns, administrative agencies have no role in the process of regulating business.

2 points

Question 100

  1. What theory suggests that chemical changes in the atmosphere brought about by pollutants cause a rise in atmospheric temperatures?




2 points

Question 101

  1. I have neither received or given any assistence either to or from any third party concerning the content or answers prior to or after the completion of this exam.

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