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BA3301 final exam

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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 reinstat