Business Law and Ethical Behavior Questions

Ch 6 – 9 Contracts The Restatement of Contracts is another name for the UCC. a. True b. False The Restatement of Contracts is another name for the UCC. a. True b. False *** Under common law, revocation can occur anytime prior to acceptance. a. True b. False Under common law, revocation can occur anytime prior to acceptance. a. True *** b. False Under the UCC, a merchant’s firm offer can be revoked anytime prior to acceptance. a. True b. False Under the UCC, a merchant’s firm offer can be revoked anytime prior to acceptance. a. True b. False *** Contracts for the sale of real property are governed by the Uniform Commercial Code. a. True b. False Contracts for the sale of real property are governed by the Uniform Commercial Code. a. True b. False *** Under the UCC, offers need price, subject matter, and quantity to be definite enough. a. True b. False Under the UCC, offers need price, subject matter, and quantity to be definite enough. a. True b. False *** Whether a party has made a serious offer is determined according to that party’s objective intent. a. True b. False Whether a party has made a serious offer is determined according to that party’s objective intent. a. True *** b. False The UCC rules on additional terms in acceptance are the same for merchants and nonmerchants. a. True b. False The UCC rules on additional terms in acceptance are the same for merchants and nonmerchants. a. True b. False *** Contracts for services are governed by the UCC. a. True b. False Contracts for services are governed by the UCC. a. True b. False *** Under the mailbox rule, acceptance is effective upon receipt. a. True b. False Under the mailbox rule, acceptance is effective upon receipt. a. True b. False *** Quasi contracts are fictional contracts created to prevent unjust enrichment. a. True b. False Quasi contracts are fictional contracts created to prevent unjust enrichment. a. True *** b. False A UCC offer is valid with the subject matter and quantity stated even though no price is given. a. True b. False A UCC offer is valid with the subject matter and quantity stated even though no price is given. a. True *** b. False “This offer is limited to these terms,” means that between merchants only immaterial terms added in the acceptance will be part of the contract. a. True b. False “This offer is limited to these terms,” means that between merchants only immaterial terms added in the acceptance will be part of the contract. a. True b. False *** A contract with a minor is voidable at the minor’s option. a. True b. False A contract with a minor is voidable at the minor’s option. a. True *** b. False A contract with a party who has been declared incompetent is voidable. a. True b. False A contract with a party who has been declared incompetent is voidable. a. True b. False *** The contracts of a person who has been declared legally incompetent are void. a. True b. False The contracts of a person who has been declared legally incompetent are void. a. True *** b. False Misrepresentation can occur whether or not the misrepresented fact is material. a. True b. False Misrepresentation can occur whether or not the misrepresented fact is material. a. True b. False *** Material facts are facts that affect the value of the contract. a. True b. False Material facts are facts that affect the value of the contract. a. True *** b. False “This shirt is 100% cotton” is a statement that is puffing. a. True b. False “This shirt is 100% cotton” is a statement that is puffing. a. True b. False *** Undue influence requires proof of a relationship of trust and confidence. a. True b. False Undue influence requires proof of a relationship of trust and confidence. a. True *** b. False Duress requires proof of physical force. a. True b. False Duress requires proof of physical force. a. True b. False *** Ch 9 – Torts Which of the following is NOT an intentional tort? A) defamation B) interference with contract C) false imprisonment D) negligence Which of the following is NOT an intentional tort? A) defamation B) interference with contract C) false imprisonment D) negligence *** If a shoplifting suspect is detained for an unreasonably long period of time and the person turns out to be innocent, the shopkeeper may liable for this tort: A) defamation B) malicious prosecution C) false imprisonment D) negligence If a shoplifting suspect is detained for an unreasonably long period of time and the person turns out to be innocent, the shopkeeper may liable for this tort: A) defamation B) malicious prosecution C) false imprisonment *** D) negligence Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for ________. A) intentional infliction of emotional distress B) contract interference C) trade libel or disparagement D) conversion Making false statements about a competitor’s products, services, property, or business reputation could make a company liable for ________. A) intentional infliction of emotional distress B) contract interference C) trade libel or disparagement *** D) conversion Under negligence, a person is liable only for ________ events. A) intervening B) foreseeable C) superseding D) intentional Under negligence, a person is liable only for ________ events. A) intervening B) foreseeable *** C) superseding D) intentional ________ is a tort defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff. A) Superseding event B) Comparative negligence C) Assumption of risk D) Intervening event ________ is a tort defense a defendant can use against a plaintiff who knowingly and voluntarily entered into or participated in an activity that had a high probability of resulting in injury to the plaintiff. A) Superseding event B) Comparative negligence C) Assumption of risk *** D) Intervening event Under comparative negligence, a plaintiff who is partially at fault to any degree for his or her own injury cannot recover anything against the negligent defendant. A) True B) False Under comparative negligence, a plaintiff who is partially at fault to any degree for his or her own injury cannot recover anything against the negligent defendant. A) True B) False *** Under comparative negligence, damages are apportioned according to fault. A) True B) False Under comparative negligence, damages are apportioned according to fault. A) True *** B) False A person driving over the speed limit hits and injures a pedestrian jaywalking against a red “Do Not Walk” sign. The jury finds that the driver is 80 percent at fault for the accident and the jaywalker 20 percent at fault. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of comparative negligence, the pedestrian is entitled to recover ________. A) $20,000 from the driver B) $80,000 from the driver C) $100,000 from the driver D) no damages from the driver A person driving over the speed limit hits and injures a pedestrian jaywalking against a red “Do Not Walk” sign. The jury finds that the driver is 80 percent at fault for the accident and the jaywalker 20 percent at fault. The pedestrian suffered $100,000 in injuries. If the state in which this case is heard adopts the doctrine of comparative negligence, the pedestrian is entitled to recover ________. A) $20,000 from the driver B) $80,000 from the driver *** C) $100,000 from the driver D) no damages from the driver Under ____, a defendant engaged in dangerous activity (e.g., building demolition) will be held liable for any injuries caused by the activity, even if he or she was not negligent. A) strict liability B) assumption of risk C) comparative negligence D) contributive negligence Under ____, a defendant engaged in dangerous activity (e.g., building demolition) will be held liable for any injuries caused by the activity, even if he or she was not negligent. A) strict liability *** B) assumption of risk C) comparative negligence D) contributive negligence Strict tort liability under Section 402A is the same as negligence. a. True b. False Strict tort liability under Section 402A is the same as negligence. a. True b. False *** Section 402A permits recovery only by those in privity of contract. a. True b. False Section 402A permits recovery only by those in privity of contract. a. True b. False *** Ch 22 – Criminal Law Practice Questions Who is the plaintiff in a criminal lawsuit? A) the respondent B) the government C) a private party D) the victim Who is the plaintiff in a criminal lawsuit? A) the respondent B) the government *** C) a private party D) the victim Which two elements below best describe the actus reus and mens rea elements necessary to prove someone guilty of a crime? A) criminal act and criminal intent B) victim and criminal intent C) criminal act and proof of gain D) motive and criminal intent Which two elements below best describe the actus reus and mens rea elements necessary to prove someone guilty of a crime? A) criminal act and criminal intent *** B) victim and criminal intent C) criminal act and proof of gain D) motive and criminal intent What is the difference between an indictment and an information? A) Indictments are issued by a grand jury; informations by a judge B) Indictments are issued before trial; information after a trial C) Information statements are issued without determining guilt; indictments where guilt is evident D) Information statements are issued to dismiss a case before trial; indictment to bring a case to trial What is the difference between an indictment and an information? A) Indictments are issued by a grand jury; informations by a judge *** B) Indictments are issued before trial; information after a trial C) Information statements are issued without determining guilt; indictments where guilt is evident D) Information statements are issued to dismiss a case before trial; indictment to bring a case to trial Which of the following types of protection does the Fourth Amendment provide to U.S. citizens? A) protection against self-incrimination B) protection against being tried for the same case twice C) protection from unreasonable search and seizure by the government D) freedom of religion Which of the following types of protection does the Fourth Amendment provide to U.S. citizens? A) protection against self-incrimination B) protection against being tried for the same case twice C) protection from unreasonable search and seizure by the government *** D) freedom of religion Which of the following types of protection does the Fifth Amendment provide to U.S. citizens? A) protection against self-incrimination B) protection against being tried for the same case twice C) protection from unreasonable search and seizure by the government D) freedom of religion Which of the following types of protection does the Fifth Amendment provide to U.S. citizens? A) protection against self-incrimination *** B) protection against being tried for the same case twice C) protection from unreasonable search and seizure by the government D) freedom of religion In which of the following circumstances is a warrantless search permitted? A) if evidence is in plain view B) if evidence is concealed C) if the suspect has been previously convicted D) if there is no probable cause In which of the following circumstances is a warrantless search permitted? A) if evidence is in plain view *** B) if evidence is concealed C) if the suspect has been previously convicted D) if there is no probable cause Miranda rights refer to the ________ provision of the ____ Amendment of the U.S. Constitution. A) double jeopardy; 5th Amendment B) unreasonable searches and seizures; 4th Amendment C) privilege against self-incrimination; 5th Amendment D) freedom of speech; 1st Amendment Miranda rights refer to the ________ provision of the ____ Amendment of the U.S. Constitution. A) double jeopardy; 5th Amendment B) unreasonable searches and seizures; 4th Amendment C) privil