Bus Law 2000 Flashcards
Scholars advocate that the modern understanding of human rights began with the concept of property.
T or F
True
Positive law jurisprudence is contrary to the philosophy of natural law.
T or F
True
The civil law legal system relies on judicial decisions to determine what the law is. T or F
False
Procedural law deals with the rules of law governing the creation or enforcement of a contractual promise. T or F
False
Compensatory damages are awarded to compensate the party for all losses that are the direct and foreseeable result of the breach of contract. T or F
True
The view that economically strong nations exploit the resources and labor of weaker nations through trade is advocated by the \_\_\_\_\_ theory. A) common law B) civil law C) dependency D) stare decisis E) international trade
C. Dependency
Under the rule of law, laws are:
A) accessible to eligible sections of society.
B) different for different groups of society.
C) made to benefit certain sections of society.
D) different for lawmakers of a society.
E) an ideal rather than a complete fact.
E. an ideal rather than a complete fact.
The common law legal system:
A) emphasizes the role of judges in determining the meaning of laws.
B) does not determine the meaning of the constitution.
C) is overridden by the acts of the president.
D) relies more on legislation than judicial decisions to determine what the law is.
E) involves referring to “settled” cases without obligation to follow prior judicial decisions.
A. emphasizes the role of judges in determining the meaning of laws.
Federal legislation that is \_\_\_\_\_ prevails over all other sources of law. A) constitutional B) passed by the Congress C) an ordinance D) an act E) a statute
A. constitutional
Knowing the \_\_\_\_\_ makes it easier to locate prior precedents for a case. A) ordinances B) acts C) statutes D) codes E) citations
E. citations
Ethics is a systematic statement of right and wrong together with a philosophical system that both justifies and necessitates rules of conduct
T/F
True
For the formalist thinker Immanuel Kant, to be ethical requires that you act with a good intent.
T/F
True
Social contract theory says that you have a moral duty to act in the way you believe everyone should act.
T/F
False
The Protestant ethic discouraged the rise of capitalism
T/F
False
Philosophers call the end result of ethical examination – a. the good b. the bad c. the ugly d. the rule of law
a. the good
Is there a relationship between
law and ethics?
a. Yes
b. No
a. Yes
For a consequentialist, the act of secret monitoring itself is inherently unethical.
T/F
false
Which of the following statements is true of laws, values and ethics?
a. Observance of the law is superior to the commitment to ethical values.
b. The motivation to observe moral rules comes from society.
c. Cultural diversity influences the subjective determination of values.
d. Law and ethics is one and the same thing.
e. Values are a formal system for deciding what is right and wrong.
c. Cultural diversity influences the subjective determination of values.
Which of the following statements is true in the context of formalism?
a. Religion provides the impetus to work hard and achieve more
b. The ends justify the means.
c. The ethics of actions are measured by how they promote the common good.
d. Practice what you preach.
e. Incorrect actions have no justification whatever be the situation.
e. Incorrect actions have no justification whatever be the situation.
When reviewing appeals, issues of fact normally are resolved by justices.
T/F
False
A party may obtain a second review if the higher reviewing court, in the exercise of its discretion, agrees to such a review.
T/F
True
The general role of an appellate court is to: a.Review questions of fact b.Review questions of fact and law c.Review questions of law d.Review only constitutional questions
c.Review questions of law
A writ of certiorari is a request by the losing party for permission to file an appeal with the U.S. Supreme Court.
True
False
True
Judicial review is the power to assess laws passed by the legislative body.
True
False
True
Those who think that the power of judicial review should be used whenever the needs of society justify its use believe in judicial activism.
True
False
True
Which of the following is most likely to be the function of a judge?
a. Determine the relevant facts
b. Present evidence to the jury
c. Serve as representative advocates in the courts
d. Apply law to the facts
e. Argue the law to the court
d.Apply law to the facts
_____ have the primary duty to observe and to apply constitutional limitations and guarantees.
a. Plaintiffs
b. Trial Judges
c. Lawyers
d. Jurors
e. Advocates
b. Trial Judges
Which of the following is true of the role of jurors?
a. They determine the applicable rules of law relevant to the case.
b. They present the evidence and arguments to the juries and judges.
c. They apply the law to the facts.
d. They apply constitutional limitations and guarantees.
e. They determine the facts from conflicting evidence.
e. They determine the facts from conflicting evidence.
_____ is a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court.
a. Writ of certiorari
b. Obiter dicta
c. Habeas corpus
d. Voir dire
e. Ratio decidendi
a. Writ of certiorari
What is ratio decidendi?
a. The oath administered to prospective jurors or witnesses to say what is true
b. A case accorded with a final judgment and no longer subject to appeal
c. A judge’s observation that is not necessarily a part of the court’s decision
d. The underlying principle which determines and establishes the case
e. The legal principle by which judges adhere to the precedents of the case
d. The underlying principle which determines and establishes the case
For any court to exercise authority in any
given case, which of the following must happen:
a. Court has jurisdiction of subject matter
b. Court can exercise personal jurisdiction of
the defendant
c.Plaintiff has standing to bring the case before
the court
d. All the above
d. All the above
Court has jurisdiction of subject matter
Court can exercise personal jurisdiction of
the defendant
Plaintiff has standing to bring the case before
the court
“Directed verdict” refers to the
a.Power of court over parties involved.
b.Power granted to litigant to reject jurors.
c.Power of court to order sworn questioning
of witnesses outside of court.
d.Power of court to grant a decision in
favor of defendant when insufficient
evidence is presented at trial.
d.Power of court to grant a decision in
favor of defendant when insufficient
evidence is presented at trial.
The presence of standing to sue is determined by the outcome of the litigation.
True
False
False
Long-arm statutes authorize out-of-state service of process in all cases.
True
False
False
A peremptory challenge means that no cause or reason needs to be given to excuse a prospective juror.
True
False
True
For criminal cases, the burden of proof is described as preponderance of evidence.
True
False
False
When a petition for certiorari is filed to the Supreme Court, the party initiating the petition is the petitioner and the other party is known as the respondent.
True
False
True
When a counterclaim is charged by a defendant, he becomes a _____.
a. counterdefendant
b. plaintiff
c. counterplaintiff
d. petitioner
e. respondent
c. counterplaintiff
In a (an) _____, the lawyer orally asks questions of the possible witness and an oral response is given.
a. request for production
b. deposition
c. extradition
d. interrogatory
e. garnishment
b. deposition
In a summary judgment:
a. the dissatisfied party files a posttrial motion with the judge.
b. the party filing this motion asks the judge to base a decision on evidence besides the pleadings.
c. the judges are asked to decide the case based solely on the complaint and the answer.
d. the defendant moves to dismiss a suit for reasons such as expiration of the time.
e. the party filing this motion asks the judge to base a decision only on the pleadings.
b. the party filing this motion asks the judge to base a decision on evidence besides the pleadings.
What does voir dire mean?
a. The oath administered to prospective jurors or witnesses to say what is true
b. A case accorded with a final judgment and no longer subject to appeal
c. A judge’s observation that is not necessarily a part of the court’s decisio
d. The underlying principle which determines and establishes the case
e. The legal principle by which judges adhere to the precedents of the case
a. The oath administered to prospective jurors or witnesses to say what is true
What is res judicata?
a. The underlying principle of a case
b. The process of finding out the facts of the case
c. The final resolution of the case on appeal
d. A request for a second review of the case
e. A plea wherein the defendant agrees not to contest the charges
c. The final resolution of the case on appeal
All of the following are advantages of arbitration over litigation except: a. Right to appeal b. Takes less time c. Nonpublic d. Not as expensive
a. Right to appeal
If the parties to a mediation sign an agreement at the end, that agreement is usually legally binding (can be enforced in court.) True False
True
Disputing parties do not have to begin a lawsuit to use any form of ADR.
T/F
True
The arbitrators in the mandatory arbitration process are subject matter experts.
T/F
False
The award resulting from the voluntary arbitration procedure is not final.
T/F
False
The right to reject the award and to proceed to trial is the sole remedy of a party dissatisfied with the award of a mandated arbitration.
True
False
True
A mediator’s conduct is subject to judicial review.
True
False
False
Which of the following is true of arbitration?
a. The record of proceedings is available to the press and others.
b. The decisions arising from arbitration are binding on the parties.
c. The decision to arbitrate a dispute is voluntary, and cannot be imposed on the parties.
d. The parties themselves resolve all the matters of contention, without the intervention of a third party.
e. The arbitrator need not be a disinterested party.
b. The decisions arising from arbitration are binding on the parties
An arbitrator’s decision is known as a(n) _____.
a. judgment
b. verdict
c. award
d. garnishment
e. summary judgment
c. award
QUESTION 8
Courts use judicial review to change the awards of voluntary arbitration when:
a. both parties are dissatisfied with the award.
b. the decision is allegedly against public policy.
c. the arbitrator made erroneous rulings during the hearing.
d. one party is dissatisfied with the award.
e.the arbitrator misunderstands the law.
b. the decision is allegedly against public policy.
Which of the following is true of mandatory arbitration?
a. The award is final, with no judicial review possible. b. Submission is based on parties’ agreement after a dispute arises.
c. The process is seldom bound by rules of evidence.
d. It does not require a record of proceedings.
e. The issue can be tried as new if a party rejects the award.
e. The issue can be tried as new if a party rejects the award
The method by which parties resolve most matters of contention themselves, and then arbitrate the unresolved matters is known as _____.
a. caucus
b. Med-Arb
c. mediation
d. litigation
e. judicial review
b. Med-Arb
What is the mechanism through which the states
receive their governmental power from the federal
government?
a. The Tenth Amendment of the US Constitution.
b. Article VI of the US Constitution.
c. The Federal States Power-Sharing Act of 1791.
d. States do not receive their power from the
Federal government.
d. States do not receive their power from the
Federal government.
Do the protections of the Bill of Rights
apply to businesses?
Yes
No
Yes
Is it ever permissible for a law or government
regulation to discriminate?
Yes
No
Yes. Most all laws “discriminate” in that they create categories of persons of situations under which a law applies. How the law discriminates is key and will form the basis for how the law will be scrutinized and eventually upheld or struck down by a court.
Is it likely for a nation to be prosperous and maintain a vibrant market without having a strong concept of private property? a. Yes b. No
b. No
Private property under the rule of law is key to a nation’s prosperity.
Private property influences the marketplace In what ways? a. promoting incentives for risk and development. b. recognizing divisibility of resources. c. creating conditions for capital formation. d. all of the above.
d. all of the above.
Do secured interests that are recorded “first in time” always take priority over competing interests recorded later? Yes No
No. While the general rule is that the first to record takes priority over subsequently recorded security interests in the same resource, it must be remembered that a PMSI—a purchase money security interest—takes priority from the time the security interest “attaches” which is when the security agreement is signed, not from the time that agreement is subsequently recorded. Therefore, a PMSI can take priority over a competing (non-PMSI) security interest that was recorded first but was attached after the PMSI.
Adverse possession applies only to land.
T/F
True
The right of redemption allows a mortgagor, before foreclosure, to get back the land upon payment of the full amount of the debt.
T/F
True
Financing statements are appropriate to perfect negotiable collaterals.
T/F
False
A public nuisance is an unreasonable use of one’s property so as to cause substantial interference with the enjoyment or use of another’s land.
T/F
False
Zoning ordinances restrict uses of land that existed prior to passage of the ordinances.
T/F
False
Which of the following is true of property?
A) It cannot be transferred.
B) People cannot prevent others from using their property.
C) It is infinite.
D) Property is absolute.
E) Its boundaries cannot be ambiguous.
D) Property is absolute.
Which of the following is a condition under the state statute for one to acquire ownership through an adverse possession of land?
A) The possession must be interrupted.
B) The possessor must occupy the land in such a way as to put the true owner of the land on notice.
C) The possessor must have the owner’s permission to be on the land.
D) The possessor need not physically occupy the land.
E) The possessor must occupy the land for at least a year before becoming the new owner.
B) The possessor must occupy the land in such a way as to put the true owner of the land on notice.
Kirk steals Sophie’s ramshackle car and restores all its worn-out components, including the engine. Kirk is apprehended while fleeing in the car to the neighboring state. Which of the following is true in the context of the car’s ownership?
) Sophie owns the car but Kirk owns the engine.
B) Sophie owns the car but must pay Kirk for the engine and repairs.
C) Kirk becomes the owner due to accession.
D) Sophie owns the car and owes Kirk nothing.
E) Both Sophie and Kirk become the owners of the car.
D) Sophie owns the car and owes Kirk nothing.
When a joint tenant dies, his or her share of the property:
A) passes to the state government.
B) passes to the remaining tenant.
C) passes to his or her heirs.
D) passes to the Federal government.
E) is auctioned by the local authorities.
B) passes to the remaining tenant.
A(n) \_\_\_\_\_ arises when a person wrongfully uses another's land continuously for a period of years. A) easement by necessity B) easement by prescription C) natural easement D) easement by estoppel E) negative easement
) easement by prescription
All promises are legal contracts.
a. True
b. False
b. False
While we typically think of contracts as formal written documents, they do not need to be. An informal, verbal exchange of promises can be a valid contract just as enforceable as a formal written agreement. Another key to the value of contracts is that they are enforceable by the courts. Allowing for the certainty that comes with adequately enforcing persons and businesses promises allows for improved buyer/seller relationships because there is certainty in business dealing making them willing to do business together.
George, a painter, is hired to paint the exterior of
701 Main Street but mistakenly paints 703 Main Street
instead. Mike, the owner of 703, is home and sees him
but says nothing. When George is done, Mike refuses to
pay him. Does George have a remedy in contract to be
paid for his work?
a. Yes
b. No
b. No
Technically, no. There is no contract remedy but George can pursue a remedy in quasi-contract. Mike has been unjustly enriched and had the opportunity to, but didn’t mitigate damages.
George, a painter, is hired to paint the exterior of
701 Main Street but mistakenly paints 703 Main Street
instead. Mike, the owner of 703,isn’t Home when George paints his house. Does George have
a remedy in contract, or otherwise, to be paid for his
work?
a. Yes
b. No
b. No
There is no contract remedy and Mike has not been unjustly enriched nor had he had the opportunity to mitigate damages. George made a unilateral mistake for which he has no remedy.
Deposited acceptance rule is also known as the mailbox rule.
True
False
True
An option is a promise to keep an offer open for a certain time period that is supported by the offeree’s consideration.
True
False
True
Misrepresentation occurs when one is taken advantage of unfairly through a contract by a party who misuses a position of relationship.
True
False
False
The part performance exception sometimes is called promissory estoppel.
True
False
True
An assignor who delegates duties under a contract is automatically relieved of future liability.
True
False
False
For an acceptance to create a binding contract, standard contract law requires that the acceptance must match the offer exactly. This is known as the \_\_\_\_\_. mirror image rule exculpatory contract rule usury rule plowback rule quasi-contract rule
mirror image rule
\_\_\_\_\_ means force or threat of force. Misrepresentation Duress Fraud Novation Mutual mistake
Duress
Jordan owes Joel $20,000 for work Joel already has performed. Also assume that Jordan does work for Jack and contracts to have Jack pay Joel. Joel plays the role of a(n) \_\_\_\_\_ in the Jordan-Jack contract. donee beneficiary creditor beneficiary incidental beneficiary allonge principal debtor
creditor beneficiary
The law of \_\_\_\_\_ involves a sale of rights under a contract. accession rescission assignment consideration capacity
assignment
A(n) \_\_\_\_\_ is the act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party. accession rescission embezzlement consideration novation
novation
The parol evidence rule does not apply to oral modifications coming after the parties have made the written contract.
True
False
True
What is the first and most important place to
look to determine what parties to a contract
agreed to?
their current statements or testimony
as to what was agreed to.
notes from negotiation sessions.
the words of the contract.
none of the abovethe words of the contract.
A duty of performance under a contract is discharged because of commercial impracticability and impossibility of performance. Yes No
yes
Principals directly control independent contractors.
True
False
False
An employee on a frolic or detour is no longer acting for the employer.
True
False
True
What is the parol evidence rule?
A rule requiring that contracts that would normally fall under the statute of frauds and need writing if negotiated by the principal must be in writing even if negotiated by an agent.
A common law rule which states that oral evidence of an agreement made prior to a written agreement is inadmissible when the parties intend to have the written agreement be the final version of their agreement.
A rule which states that the first assignee to give notice of assignment to the obligor is the party with rights to the contract.
A rule requiring that the seller delivers the goods in conformity with the contract, down to the last detail.
A legal enforcement of an otherwise unenforceable contract due to a party’s detrimental reliance on the contract.
A common law rule which states that oral evidence of an agreement made prior to a written agreement is inadmissible when the parties intend to have the written agreement be the final version of their agreement.
What are liquidated damages?
Damages that are assessed against a party at fault to punish it for wrong-doing and to deter others from acting in a similar manner.
Damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach.
Court-awarded damages arising from unusual losses which the parties knew would result from breach of the contract.
Damages that include the reasonable charges, or other costs which flow from the loss such as delivery expenses.
Court-awarded damages to put the plaintiff in the same position as if the contract had been performed.
Damages whose amount the parties designate during the formation of a contract for the injured party to collect as compensation upon a specific breach.
What is respondeat superior?
A doctrine that allows the judge to infer that, more likely than not, the defendant’s negligence was the cause of the plaintiff’s harm.
A legal term that signifies that the plaintiff and the defendant are in equal fault for the breach of contract.
A legal term that indicates a major departure wherein the employee makes a major departure from his employer’s charge.
A plea in which the defendant does not admit guilt but agrees not to contest the charges.
A legal doctrine which states that an employer is responsible for the actions of employees performed within the course of their employment.
A legal doctrine which states that an employer is responsible for the actions of employees performed within the course of their employment.
What is ratification?
The return of any property given up under a contract.
A principal’s confirmation of an act of its agent where the agent lacked authority to legally bind the principal.
The abrogation of a contract, effective from its inception, that restores the parties to the positions they would have occupied if no contract had ever been formed.
The substitution of a new contract for an old one which extinguishes the rights and obligations effective under the old agreement.
A doctrine which states that an employer is responsible for the actions of employees performed within the course of their employment.
A principal’s confirmation of an act of its agent where the agent lacked authority to legally bind the principal.
A customer mistakenly believes that a recently terminated employee who presents a contract on company stationery is authorized to sign that contract on behalf of the company. The employee’s signing on the agreement creates _____.
actual authority
vicarious liability
implied authority
express authority
apparent authority
apparent authority
A customer mistakenly believes that a recently terminated employee who presents a contract on company stationery is authorized to sign that contract on behalf of the company. The employee’s signing on the agreement creates _____.
actual authority vicarious liability implied authority express authority apparent authority
apparent authority
Best Box Company advertises so effectively
that National Products, Inc. stops doing
business with Average Package Corp. Best
is liable for:
Appropriation
Wrongful interference with a contractual
relationship
Wrongful interference with a business
relationship
None of the above
None of the above
The law of tort itself is criminal rather than civil.
True
False
False
A union picket walking on a private company’s property is an example that relates to the tort of malicious prosecution.
True
False
False
It is not a person’s general duty to avoid injuring others through nonconduct.
True
False
True
It is not enough that a plaintiff suing for negligence prove that the defendant caused an injury in fact.
True
False
True
