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Bus Law I
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Questions in this quiz (103)
1__________ is good or right in conduct or character.
- ALaw
- BMoral
- CJustice
- DDispute
- EContract
2_________ law sets forth the rules for enforcing substantive law.
- AProcedural
- BPublic
- CPrivate
- DCivil
- ECriminal
3The principle that courts should apply rules decided in prior cases in deciding substantially similar cases is known as ___________.
- Aequity
- Bstare decisis
- CUniform Commercial Code
- Dsubstantive law
- Eprocedural law
4The Supreme Court is the nation’s highest tribunal.
- ATrue
- BFalse
5The Supreme Court consists of 10 justices.
- ATrue
- BFalse
6The Supreme Court may decide to hear a case by granting a writ of certiorari.
- ATrue
- BFalse
7A large percentage of the petitions to the Supreme Court for review by certiorari are granted.
- ATrue
- BFalse
8In which of the following situations would the federal courts have jurisdiction
assuming that the federal courts do not have exclusive jurisdiction?
I. Katie, a citizen of Idaho, sues Ralph, a citizen of California. Katie’s
claim arises under a federal question. The amount in controversy is
$50,000.
II. Bob, a citizen of New York, sues Phil, a citizen of New Jersey. Bob’s
claim does not arise under a federal question. The amount in controversy
is $70,000.
III. Mary Ann, a citizen of Rhode Island, sues Amy, a citizen of Rhode Island.
Mary Ann’s claim does arise under a federal question. The amount in
controversy is $20,000.- AI only
- BII only
- CIII only
- DI and II only
- EI and III only
9A court is generally bound by a decision in a court above it. (About stare decisis)
- ATrue
- BFalse
10A court normally follows the decisions it rendered in similar cases brought before itself. (About stare decisis)
- ATrue
- BFalse
11Courts are generally bound by their own past decisions. (About stare decisis)
- ATrue
- BFalse
12Decisions of a court, not above a particular court, may be influential on a court, but are generally not binding on the court. (About stare decisis)
- ATrue
- BFalse
13When a defendant responds to a plaintiff’s complaint, the defendant files ______.
- Aa summons
- Ba reply
- Can answer
- Da summary judgment
- Ean appeal
- Aa summons
14A(n) __________ is the initial pleading by the plaintiff stating his case.
- Asummons
- Breply
- Canswer
- Dsummary judgment
- Ecomplaint
15The plaintiff’s pleading in response to the defendant’s answer is known as _____.
- Asummons
- Breply
- Canswer
- Dsummary judgment
- Eappeal
16______________ is a nonjudicial proceeding where a neutral third party selected by disputants renders a binding decision.
- AArbitration
- BConciliation
- CMeditation
- DNegotiation
- ELocomotion
17Compulsory arbitration is arbitration voluntarily entered into by the parties.
- ATrue
- BFalse
18Consensual arbitration is arbitration required by statute for specific types of disputes.
- ATrue
- BFalse
19The decision of the arbitrator, called an award, can usually be appealed in a court of law.
- ATrue
- BFalse
20________ is a nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider.
- AArbitration
- BConciliation
- CMediation
- DNegotiation
21The U.S. Constitution enumerates the powers of the federal government and
specifically reserves to the states the powers not expressly delegated to the
federal government.- ATrue
- BFalse
22The Supremacy clause of the US Constitution
- Astates that federal law takes precedence over conflicting state laws
- Bgrants courts the power to determine the constitutionality of any legislative or executive act
- Cprohibits federal and state govts from depriving any person of life liberty, or property without due process of law
- Dprohibits states from retroactively modifying public and private contracts
- Erequires that similarly situated person be treated similarly by govt action
23The U.S. Supreme Court is the final authority as to the constitutionality of any
federal law, however, it is not the final authority as to the constitutionality of
a state law.- ATrue
- BFalse
24The U.S. Constitution vests power in three distinct and independent branches of
government – the executive, legislative, and judicial branches.- ATrue
- BFalse
25Most of the protections provided by the U.S. Constitution and its amendments
apply only to state action.- ATrue
- BFalse
26The government’s power to take private property for public use is known as the
government’s __________ power.- Aeminent domain
- Bborrowing and coining money
- Cspending
- Dtaxation
- Ecommerce
27The federal government’s _________ power is the exclusive power granted by the
U.S. Constitution to the federal government to regulate commerce with foreign
countries and among the states.- Aeminent domain
- Bborrowing and coining money
- Cspending
- Dtaxation
- Ecommerce
28The federal government’s power to pay debts and spend for the common defense
and general welfare of the U.S. is known as the federal government’s _________
power.- Aeminent domain
- Bborrowing and coining money
- Cspending
- Dtaxation
- Ecommerce
29The due process clause of the U.S. Constitution _________________________.
- Astates that federal law takes precedence over conflicting state laws.
- Bgrants courts the power to determine the constitutionality of any legislative
or executive act - Cprohibits the federal and state governments from depriving any person of
life, liberty, or property without due process of law - Dprohibits states from retroactively modifying public and private contracts
- Erequires that similarly situated persons be treated similarly by government
actions
30The equal protection clause of the U.S. Constitution ___________________.
- Astates that federal law takes precedence over conflicting state laws
- Bgrants courts the power to determine the constitutionality of any legislative
or executive act - Cprohibits federal and state governments from depriving any person of life,
liberty, or property without due process of law. - Dprohibits states from retroactively modifying public and private contracts.
- Erequires that similarly situated persons be treated similarly by government action
31The strict scrutiny test is generally applied to governmental economic regulation.
- ATrue
- BFalse
32The intermediate test is generally applied to governmental regulation based on
gender or legitimacy.- ATrue
- BFalse
33In order to pass the strict scrutiny test, the classification must be necessary to
promote a compelling or overriding governmental interest.- ATrue
- BFalse
34n order to pass the intermediate test, the classification must conceivably bear
some rational relationship to a legitimate governmental interest that the
Classification seeks to further.- ATrue
- BFalse
35Which of the following statements, pertaining to administrative law, is not
correct?- AWhen administrative agencies adjudicate cases, juries are always used.
- BThe hearing, prosecuted by an administrative agency, is presided over
by an administrative law judge. - CAdministrative agencies are governmental entities, other than courts and
legislatures, which have the authority to affect the rights of private parties
through their operations. - DCongress may pass an enabling statute that creates an administrative
agency.
36Which types of rules do administrative agencies promulgate?
- Alegislative rules
- Binterpretive rules
- Cprocedural rules
- Dall of the above
37Which of the following is a function of administrative agencies?
- Arulemaking
- Benforcement
- Cadjudication of controversies
- Dall of the above
38Which of the following statements, concerning types of subjective fault in
criminal law, is/are correct?
I. A person acts purposely or intentionally if his conscious object is to
engage in the prohibited conduct or to cause the prohibited result.
II. A person acts knowingly if he is aware that his conduct is of a prohibited
type or is practically certain to cause a prohibited result.
III. A person acts recklessly if he consciously disregards a substantial and
unjustifiable risk that his conduct is prohibited or that it will cause a
prohibited result.- AI only
- BII only
- CIII only
- DI and III only
- EI, II, and III
39Which of the following statements, concerning criminal law, is/are correct?
I. A felony is a less serious crime punishable by a fine or imprisonment in
a local jail.
II. A misdemeanor is a serious crime punishable by imprisonment in a
penitentiary or death.
III. Employers are vicariously liable for the authorized criminal acts of
their employees if the employer directed, participated in, or approved
the act.
IV. Employers may be criminally liable, under a strict liability statute, for
certain unauthorized acts of an employee whether the employee is
managerial or not.- AI and II only
- BIII and IV only
- CI, II, and III only
- DII and IV only
- EI, II, III, and IV
40___________ is the breaking and entering into the home of another at night with
the intent to commit a felony.- ALarceny
- BEmbezzlement
- CFalse pretenses
- DRobbery
- EBurglary
41_________ is taking the property of one's employed in violation of a trust
- ALarceny
- BEmbezzlement
- CFalse pretenses
- DRobbery
- EBurglary
42While pointing a gun directly at the face of Mrs. Johnson, Sam ripped Mrs.
Johnson’s purse from her hand and ran away. Sam has committed the crime of
__________.- Aembezzlement
- Brobbery
- Cburglary
- Dextortion
- Efalse pretenses
43Mary tells Ron that, unless Ron pays her $10,000, she will tell Ron’s
customers that Ron was once arrested for disturbing the peace. Mary
has committed the crime of ____________.- Abribery
- Bextortion
- Cembezzlement
- Dfalse pretenses
- Elarceny
44Andrea offers Edward, the mayor of Allentown, a 20% interest in Andrea’s
planned real estate development if Edward will use his influence to have her
development proposal approved. Andrea has committed the crime of _______.- Abribery
- Bextortion
- Cembezzlement
- Dfalse pretenses
- Elarceny
45_________ is the trespasssory taking and carrying away the goods of another with
the intent to permanently deprive the victim of the goods.- ALarceny
- BEmbezzlement
- CFalse pretenses
- DBurglary
- EForgery
46Individuals may use reasonable force to protect other individuals.
- ATrue
- BFalse
47Duress is a potentially valid defense to a crime.
- ATrue
- BFalse
48Mistake of fact is not a potentially valid defense to a crime.
- ATrue
- BFalse
49Individuals may never use deadly force to protect their property
- ATrue
- BFalse
50Entrapment is a potentially valid defense to a crime.
- ATrue
- BFalse
51________ is the intentional infliction of an apprehension of immediate battery.
- ABattery
- BAssault
- CFalse imprisonment
- DTrespass to chattels (personal property)
- EConversion
52_________ is the intentional interference with a person’s freedom of movement
by unlawful confinement.- Aa. Battery
- BAssault
- CFalse imprisonment
- DTrespass to land (real property)
- EConversion
53_________ is the intentional infliction of harmful or offensive bodily contact.
- ABattery
- BAssault
- CFalse imprisonment
- DTrespass to chattels (personal property)
- EConversion
54Albert parks his car in front of his house. Later, Frank pushes Albert’s car around
the corner. Albert subsequently looks for his car but cannot find it for several
hours. Frank is liable to Albert for ___________.- Atrespass to chattels (personal property)
- Bb. conversion
- Ctrespass to land (real property)
- Dassault
- Efalse imprisonment
55Ron told his wife, Julie, that Frank is a drug addict. Frank has never taken drugs
in his life. If Frank sues Ron for defamation based on the comments Ron made to
Julie, a court would likely _____________.- Aimpose defamation liability upon Ron because he committed libel
- Bimpose defamation liability upon Ron because he committed slander
- Cnot impose defamation liability upon Ron because Ron’s comments to Julie were true
- Dnot impose defamation liability upon Ron because Ron’s comments to
Julie were privileged
56Which of the following is not an element that a plaintiff must prove in an action
for negligence?- ACausation
- BDamages
- CRecklessness
- DBreach
- EDuty
57The standard of conduct to which a child must conform to avoid being adjudged
negligent is that of a reasonable person of like age, intelligence, and experience
under the circumstances.- ATrue
- BFalse
58If a person is physically disabled, the standard of conduct to which he must
conform to avoid being adjudged negligent is that of a reasonable person having a
like disability.- ATrue
- BFalse
59If a person is voluntarily intoxicated, the standard of conduct to which she must
conform to avoid being adjudged negligent is that of a reasonable intoxicated
person- ATrue
- BFalse
60If a member of a profession or skilled trade possesses greater skill than that
common to the profession or trade, she is required to exercise that greater
degree of skill to avoid being adjudged negligent.- ATrue
- BFalse
61In determining whether a defendant’s conduct was reasonable, the fact that he was
at the time confronted with an emergency is taken into account.- ATrue
- BFalse
62The four basic requirements of a contract do not include _________________.
- Alegality of object
- Bpromissory estoppel
- Ccapacity
- Dconsideration
- Emutual assent
63A(n) ___________ contract is a contract where agreement of the parties is
inferred from their conduct.- Aimplied in fact
- Bexpress
- Cbilateral
- Dunilateral
- Evoidable
64A(n) __________ contract is a contract in which only one party makes a
promise. It results from the exchange of a promise either for performing an
act or refraining from doing an act.- Aimplied in fact
- Bexpress
- Cbilateral
- Dunilateral
- Evoidable
65A(n) __________ contract is a contract capable of being make void.
- Aimplied in fact
- Bexpress
- Cvoid
- Dunilateral
- Evoidable
66A(n) _________ contract is a contract that has not yet been fully performed.
- Aexecuted
- Bexecutory
- Cvoidable
- Dvalid
- Eexpress
67A(n) ___________ contract is an obligation not based upon law that is imposed to
prevent injustice or unjust enrichment.- Apromissory estoppel
- Bexpress
- Cquasi
- Dimplied
- Evoidable
68One is always required to aid another in peril.
- ATrue
- BFalse
69A special relationship between two people may impose a duty to act on
one person to aid or protect the other.- ATrue
- BFalse
70A duty to act may be imposed on an individual whose conduct has injured another
and left the injured person helpless and in danger of further harm.- ATrue
- BFalse
71A person voluntarily coming to the assistance of another in need of aid may incur
a duty to exercise care.- ATrue
- BFalse
72There is no duty owed to undiscovered trespassers
- ATrue
- BFalse
73If the plaintiff is a discovered trespasser, the possessor of land is responsible
for artificial conditions involving risk of serious injury that the possessor knows
about.- ATrue
- BFalse
74If the plaintiff is a licensee, the possessor of land is responsible for all dangerous
conditions that the possessor knows about.- ATrue
- BFalse
75If the plaintiff is an invitee, the possessor of land is responsible for all dangerous
conditions that the possessor should know about.- ATrue
- BFalse
76Palsgraf v. Long Island Railroad Co. is a famous case concerning __________.
- Athe causation in fact test
- Bthe joint cause/substantial factor alternative exception to the causation
in fact test. - Cthe alternative causes exception to the causation in fact test
- Dproximate causation
77____________ is the doctrine dividing damages between the plaintiff and
defendant where the negligence of each has caused the harm.- AContributory negligence
- BLast clear chance
- CComparative negligence
- DImplied assumption of the risk
78Liability for nonintentional and nonnegligent conduct is known as _________.
- Acontributory negligence
- Bcomparative negligence
- Cproximate causation
- Dassumption of the risk
- Estrict liability
79The four basic requirements of a contract do not include _________________.
- Alegality of object
- Bpromissory estoppel
- Ccapacity
- Dconsideration
- Emutual assent
80An offer is a proposal indicating a willingness to enter into a contract.
- ATrue
- BFalse
81An offeree is the person making the offer.
- ATrue
- BFalse
82An offeror is the person to whom the offer is made.
- ATrue
- BFalse
83Charlotte, after having her month-old Cadillac break down for the third time in
two days, screams in disgust, “I will sell this car to anyone for $10!” Lisa hears
Charlotte and hands Charlotte a $10 bill. Has a contract been formed between
Charlotte and Lisa?- ATrue
- BFalse
84Mark offers to buy from Charlie all of the goods that Mark wishes next year.
Has Mark made a valid offer?- ATrue
- BFalse
85Which of the following are ways in which an offer may be terminated?
I. acceptance by the offeree
II. revocation by the offeror
III. a counteroffer by the offerree
IV. subsequent illegality of the type of contact the offer proposes- Aa. I, II, and III only
- Bb. II, III, and IV only
- Cc. I, III, and IV only
- Dd. II and IV only
- Ee. I, II, III, and IV
86A(n) __________ is generally effective upon dispatch.
I. an offer
II. a revocation
III. a rejection
IV. an acceptance- AI
- BII
- CIII
- DIV
- EI and IV only
87Carlos in New York sends by airmail to Paula in San Francisco an offer that is
expressly stated to be open for one week. On the fourth day, Paula sends to
Carlos by airmail a letter of rejection which is delivered on the morning of the
sixth day. At noon on the fifth day, Paula dispatches a telegram of acceptance
that Carlos receives before the close of business on that day. Has a contract
between Carlos and Paula been formed?- ATrue
- BFalse
88Under the common law, any communication by the offeree that attempts to
modify the offer is not an acceptance but a counteroffer, which does not
create a contract.- ATrue
- BFalse
89The UCC does not apply the common law mirror image rule.
- ATrue
- BFalse
90Under the UCC, if the offeree does not make her acceptance conditional upon
the offeror’s assent to the offeree’s additional or different terms, a contract is
formed.- ATrue
- BFalse
91If the offeror and the offeree are both merchants, the offeree’s additional terms
may become part of the contract provided they do not materially alter the
agreement and are not objected to either in the offer itself or within a reasonable
period of time.- ATrue
- BFalse
92If either of the parties to a contract is not a merchant or if the offeree’s additional
terms materially alter the offer, then the additional terms are merely construed
as proposals to contract. In other words, the additional terms proposed by the
offeree will not become part of the contract unless accepted by the offeror.- ATrue
- BFalse
93Sam delivers a package to Dorothy, requests that Dorothy sign a receipt for the
package, holds out a simple printed form headed “Receipt,” and indicates the line
on which Dorothy is to sign. This line, which appears to Dorothy to be the
bottom line of the receipt, is actually the signature line of a promissory note
cleverly concealed underneath the receipt. Dorothy signs without knowing
that she actually signed the note. Based on the preceding facts, which of the
following statements is true?- Aa. Fraud in the execution has occurred, and the note is void.
- Bb. Fraud in the inducement has occurred, and the note is voidable by
Dorothy. - Cc. The law will not enforce the promissory note contract because Dorothy
was induced by duress. - Dd. The promissory note contract was induced by undue influence on the
part of Sam and is voidable by Dorothy. - Ee. Since Sam engaged in negligent misrepresentation, the promissory note
contract is voidable by Dorothy.
94Innocent misrepresentation is a false representation that is made without
due care in ascertaining its truthfulness.- ATrue
- BFalse
95Innocent misrepresentation renders a contract voidable.
- ATrue
- BFalse
96Negligent misrepresentation is a false representation made without knowledge
of its falsity but with due care.- ATrue
- BFalse
97Negligent misrepresentation renders a contract voidable.
- ATrue
- BFalse
98Bob sells Rex a cow for $500. At the time of the sale, both Bob and Rex
mistakenly believe the cow is unable to bear calves. Cows able to bear calves
typically sell for five times as much as cows unable to bear calves. One month
after the sale, the cow becomes pregnant. Based on the preceding facts, which
of the following is true?- Aa. Since a unilateral mistake has occurred, the contract is voidable by Bob.
- Bb. Since a unilateral mistake has occurred, the contract is voidable by Rex.
- Cc. Since a mutual mistake has occurred, the contract is voidable by Bob.
- Dd. Since a mutual mistake has occurred, the contract is voidable by Rex.
- Ee. Since a mutual mistake has occurred, the contract is void.
99_________ is the unfair persuasion of a person by a party in a dominant position
based on a relationship of trust and confidence.- Aa. Duress
- Bb. Undue influence
- Cc. Fraud
100Which of the following are functions of law? *
I. to resolve disputes between parties
II. to protect the private ownership of property
III. to assist in the making f contracts
IV. to preserve the state- AI and II only
- BI, II, and III only
- CII, III, and IV only
- DI, III, and IV only
- EI, II, III, and IV
101Which of the following are sources of law in the US legal system?
I. the US Constitution
II. reported federal and state court decisions (common law)
III. newspaper articles
IV. Federal treaties- AI, II, and IV
- BI, II, and III
- CII, III, and IV
- DI and II
- EI, II, III, IV
102Which of the following statements concerning equal protection is are true?
I. the strict scrutiny test is generally applied to economic regulation
II. In order to pass the strict scrutiny test, the classification must be necessary to promote a compelling or overriding governmental interest
III. The intermediate test is generally applied to governmental regulation based on gender or legitimacy
IV. In order to pass the intermediate test, the classicifation must have a substantial relationship to an important govt objective- AI, II, and III
- BII, III, and IV
- CI, III, and IV
- DI, II, and IV
- EI, II, III, and IV
103Which of the following statements pertaining to administrative law, is/ are true?
I. Congress may pass an enabling statute that creates an administrative agency
II. Administrative agencies are governmental entities, other than courts and legislatures, which have the authority to affect the rights of privates parties
III. When admin agencies adjudicate cases, juries are never used.
IV. The hearin, prosecuted by an admin agency, is presided over by an admin law judge.- AI, II, and III
- BII, III, and IV
- CI, III, and IV
- DI, II, and IV
- EI, II, III, and IV
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- Quiz on Bus Law I, created by Julie K on 23/02/2014.
- Author
- Julie K
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- English
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