Business Law for Accountants Review Questions Flashcards
(98 cards)
1
Q
The US Constitution sets forth the governments ________?
A
limits and powers
2
Q
Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as _____?
A
statutory Law
3
Q
The Uniform Commercial Code provides a set of rules governing ________?
A
commercial Transactions
4
Q
Administrative law includes _______?
A
the rules, orders, and decisions of a government agency
5
Q
The classification of law that concerns the rights and duties that exist between persons and between citizens of their governments is _______?
A
civil Law
6
Q
Criminal statutes prescribe which of the following?
A
Wrongs committed against society for which society demands redress
7
Q
In a civil case, the object is to _______?
A
obtain a remedy to compensate the injured party
8
Q
In a criminal case, the object is to _______?
A
punish a wrongdoer to deter others from similar actions
9
Q
A precedent is _______?
A
a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles
10
Q
Each court has a jurisdiction. Jurisdictions are best defined as ______?
A
th geographic area in which a court has the power to apply the law
11
Q
When Laura and Mick can’t resolve their dispute amicably, Laura initiates a lawsuit against Mick. Laura is ________ in the lawsuit?
A
the plaintiff
12
Q
In a case, the court may rule contrary to the precedent if the court decides that the precedent is _________?
A
incorrect or inappropriate for the situation
13
Q
The federal government has the power to regulate commercial activities among the states under ________?
A
the commerce clause
14
Q
Nat Gas Co. obtains a federal license to operate a gas pipeline through a certain area of Oregon. The Oregon state legislature enacted a law that bans gas pipelines in that area. Most likely, the state will violate ___________?
A
the supremacy clause
15
Q
To reduce traffic, Market Town enacted an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principle of __________?
A
equal protection
16
Q
Company managers are most likely to find that unethical behavior in the workplace can be deterred by ______?
A
taking immediate action in response to unethical conduct
17
Q
Duty-based ethical standards are most likely to derive from ______?
A
philosophical reasoning
18
Q
Making a decision based on its projected financial outcome and then arguing that the decision is ethical is _______?
A
rationalizing the decision
19
Q
Jimena, a marketing manager for Home Stuff LLC, is responsible for branding the company’s products. Aspects of branding that can be trademarked include _________?
A
a catchy phrase, such as “stuff your home with Home Stuff”
20
Q
Without permission, Race Runners Inc. uses a trademark that is similar to the registered mark of Swiftfoot Inc. This use of the mark constitutes the trademark dilution if ________?
A
the use diminishes the distinctive quality of the work
21
Q
Brewed Beans Inc. makes and sells “Co Co Cafe”, a chocolate-flavored coffee. Darkroast Inc. later marketed a similar drink under the name “Ko Ko Cafe”. This is most likely _______?
A
trademark infringement
22
Q
Phoenix Inc. is a publisher. Phoenix uses a logo featuring a bird rising from a flame to identify its publications. The publications are printed ina unique process that includes a 3-D printer. Phoenix could most likely obtain trademark protection for its _______?
A
logo
23
Q
Serena invents a new, unique long-life battery. A grant from the government that gives Serena the exclusive right to make and sell the battery for a certain period of time is _________?
A
a patent
24
Q
How long does a company have to file a challenge for an infringed patent?
A
6 years
25
To be protected under the Copyright Act, a work must me _________?
original and fixed in a durable medium
26
Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to _________?
the parts of the app that can be read by computers
27
Like most successful companies, Phones Inc. has trade secrets. The law protects those secrets if the information is _______?
unique and has value to a competitor
28
The marketing process for "Price and Profit", an app that businesses can use to track their revenue, profit, and payroll, is protected by _______?
trade secret laws
29
The primary source for contract law is ______?
common law
30
Juan offers to pay Sari to deliver certain documents within 30 minutes. Sari can accept the offer only by completing the task within the deadline. If she does, Juan and Sari will have _________?
a unilateral contract
31
Marketing Inc. offers to create a campaign to increase N'Ice Cream Inc.'s online business. N'Ice agrees to pay for the service. These parties have _______?
an express contract
32
Macy offers to sell his fitness watch for $70 to Nona. Nona promises to pay Macy the price later. They exchanged the watch for the funds. A contract was formed when ______?
Nona promised to pay Macy for the watch
33
Grinders Mill agrees to sell to Harvest Company a certain quantity of refined grains. Some of the other terms int he deal are left open. In the case of a dispute, a court will generally presume ________?
whatever is reasonable
34
Bon, an agent for City Motors Inc., e-mails Dale on May 1st that the dealer will sell to him a 2018 Ford pick-up truck for $25,000 between May 1st and July 1st. Bon's offer to Dale is _______?
irrevocable for the stated period
35
Bean Processor Inc. agrees to ship a certain quantity of coffee beans to Coffee Cafe LLC. Bean sends Coffee an
e-mail indicating that the parties intended to form a contract. Against Bean, as a contract, the email will be sufficient if __________?
it is signed by Bean
36
Donna offers to sell her used sofa chair, coffee table, end table, and lamp to Etta for $700. Etta responds that she will pay that price if Donna's TV set is included. Neither party is a merchant. Their contract is formed according to _________?
the terms of the original offer
37
Seacoast Transport Co. pays Trucks and Trailers Inc. a stated price for the use of seven tractor-trailer rigs for a year. Under the UCC, this is __________?
a lease
38
Mining Co. purchases the business assets of Open Pit Inc., including its equipment and supplies for an agreed-to-price, payable in installments under the UCC, this is ________?
a sale
39
Embers Co. orders 12 fire extinguishers from Firefighting Inc. which delivers the equipment. This is _______?
a sale of goods
40
Jo owns a condominum that she leases to Kia. Jo employs Maria to manage the condo. Jo gives her daughter $450 on her 16th birthday. Jo sells her car to her neighbor Steve for $1,500. Article 2 of the UCC covers ________?
the sale to Steve
41
Don enters into a contract to buy Ezra'a office building for a certain price subject to an appraiser's evaluation of the structure's condition. IF the appraiser deems the condition to be substandard (no up to par), the party's obligations will be _______?
discharged, because the buildings structure was not up to par
42
Megan contracts to sell Nonny her horse for $4,000. This contract will be fully discharged when ______?
they exchange the horse for the money
43
Jamal and Keri enter into a contract for Jamal to renovate Keri's house by a certain date. Jamal never performs. After the applicable limitations period has passed, Keri decides to bring a suit against Jamal for breach of contract. This suit __________?
can no longer be brought because the applicable limitation has passed
44
Trucking LLC enters into a contract to deliver a certain quantity of potatoes to United Foods' refrigerated warehouse in exchange for a specified payment. Trucking LLC delivers the potatoes to the location. United's duty to pay is __________?
absolute
45
Nature's Eggs Inc. agrees to supply Omelet Express with 500 eggs. Nature's Eggs can reasonably ask Omelet Express to pick up the eggs at _______?
any reasonable hour
46
ABC Hardware store orders 100 power hand-drills from Drilling Tools Inc. When the hand drills are delivered, they are missing pieces. ABC rejects the shipment. To exercise a right to cure, Drilling must __________?
promptly notify ABC of the intent to cure
47
Chair Company contracts to deliver a dozen suites of dining room tables and chairs to Furniture Store on May 1st. On April 15th, Chair tells Furniture that delivery will be delayed until June 1st. Furniture may ________?
await performance, sue chair, or suspend its own performance
48
Elegant Carpet Inc. agrees to sell a certain amount of carpeting to Fabulous Floor under a shipment contract. Elegant must _______?
place the goods in the hands of the carrier
49
Holiday Co. sells Idyll brand campers and trailers. Under most circumstances, Holiday will be presumed to have warranted that its title to the goods is ________?
good and valid
50
Jess, a salesperson for Hikers Inc. shows Lane, a buyer for Metro Diner, display items in kitchen showroom, stating that any purchased equipment will match the display. This is _________?
an express warranty
51
Bike Shop sells a trail bike to CIena. When Ciena rides the bike, the frame breaks apart. The cause is something that Bike Shop did not know about and could not have discovered. This is a breach of _______?
the implied warranty of merchantability
52
Sofia purchases a new vehicle from a neighborhood car dealer. The vehicle specifically states that there is a bumper-to-bumper warranty for the first 30,000 miles and an engine and drive train warranty for 100,000 miles. The warranty documentation supplied with the car specifies that wear and tear items, such as brake pads, belts, wipers, bulbs, and oil changes are excluded. After 25,000 miles, Sofia's car needs new brake pads. She is told that this is not covered by the warranty. This exclusion is an example of a ________?
warranty disclaimer
53
Beryl enters into a contract with Clay for a guided tour of Deep Canyon. Clay represents that he is an experienced, knowledgeable guide when in reality he has never been in the canyon. Most likely, Beryl ________?
can rescind the deal based on fraudulent misrepresentation
54
Restaurant Food Inc. intends to sell a certain quantity of beef for $1,100. In an email, however, the firm's sales representative mistakenly offered to sell the beef to Steak House for $1,000. Steak's manager immediately accepts. The seller is _________?
bound to the deal at the offered price
55
At an auction, Ben bids on a 1957 Chevy Coupe, believing that it is worth more than they price asked. When the car proves to need more repairs than Ben estimated, and that it is worth less as is. Ben is ______?
still liable on the bid
56
Open Range agrees to sell Pinewood Ranch a remote parcel of land for $15,000. Both parties believe the land to be worthless, but beneath it is shale rock containing oil. A court would ________?
not rescind the contract
57
Bee is an employee of Credit Agency Inc. One the termination of Bee's position, Credit pays Bee $10,000 to agree not to disclose the employer's confidential information. Later, Bee sells the information to Debt Records LLC for $100,000. In a suit for breach, credit is most likely to recover ________?
only the $10,000 from Bee
58
Lee contracts to work for Media Co. during May for $4,500. On April 30th, Media cancels the contract. Lee then accepts a similar job with New Ads Inc. which pays $3,500. Lee files a suit against Media. As compensatory damages, Lee can recover _________?
$1,000
59
Emma enters into a contract to buy a tract of riverfront property from Forrest Acres to build and sell a residential development. Forrest Acres fails to close the sale. Emma's remedy is most likely _______?
specific performance
60
Review Inc. contracts to resurface the pools at Swim Park by June 1st. Review knows that if performance is not timely, Swim Park will have to delay its seasonal opening. Review finishes the job on June 15th. In a suit for a breach, Swim Park can recover ________?
the loss of profit from the delayed opening
61
Steel Buildings Inc. agrees to sell 4 portable garages to Truck Service Center. 5 days later, Truck refuses delivery and cancels the contract. Steel is entitled to _________?
resell the garages and recover any damages from Truck
62
Builder Inc. and Concrete Supply Company enter into a contract for the sale of cement. Concrete delivers, but builder does not pay. Concrete can recover as damages __________?
the market price at the place at which concrete delivered the goods plus incidental damages
63
Keisha contracts to buy appliances from Crazy Carlos Appliances. Keisha agrees to pay half within 5 days of the order and the remainder upon delivery. Keisha fails to pay the first half. Carlos can _________?
withhold delivery
64
Fiesta LLC Contracts to buy 1,000 balloons from Gas Bags Inc. for $1 per item. When the market price decreases to 50 cents per balloon, Fiesta refuses to go through with the deal. Gas Bags can recover ________?
$500, the difference between the contract price and the market price
65
Real Stones Ince and Sparkling Jewelry Stores enters into a contract for the sale of gemstones. The seller fails to deliver. Sparkling can recover as damages the difference between ____________?
the contract price and the market price
66
Office Express orders 100 smartphones from Electronic Supply for $500 each. Electronic Supply sends 100 flip phones instead. Office Express has the right to _________?
reject the shipment
67
Art and Antiques LLC orders 5 pieces of rare imperial jade from Art Brokers Inc. When the shipment does not arrive in the expected time, Art and Antiques contacts Art Brokers who responds they have decided not to sell and offers to return the payment. Art and Antiques can ___________?
obtain specific performance
68
ABC Hardware orders a shipment of hammers and saws from Tools R Us for a special DIY event that they are planning. ABC agrees to pay for the tools on delivery. Tools R Us accepts the order but fails to deliver. ABC Hardware then purchases the hammers and saws from Enzo's Tools, but the tools do not arrive in time for the event. ABC can _________?
recover consequential damages
69
Brew Pub's debt to Credit Services is past due. Credit obtains a judgment against Brew, but the firm refuses to pay. Credit asks the court to order the seizure of Brew's property. This is a request for __________?
a writ of execution
70
Equipment Co. holds a lien on Fertile Farms equipment. The equipment can be sold to satisfy the debt _________?
if before the sale, notice is given to Fertile Farms
71
Auto Sales and Finance wants to get paid for its goods and services, so it will not sell goods or lend funds unless payment is guaranteed. To obtain these goods or services, a customer or borrower might pledge _________?
collateral
72
Joe files his income tax return showing a refund due of $5,000. The IRS audits his return and finds several unjustified deductions, a missing W-2, and several arithmetical errors. As a result, Joe has no refund coming but instead owes $3,500. When Joe fails to pay, the IRS issues a __________?
writ of garnishment to Joe's employer to take a portion of his wages each week
73
Bach borrows funds from City Bank to pay his tuition. Dvorak cosigns the credit application. After the loan agreement is signed, Bach agrees to a higher rate of interest without telling Dvorak, who is thereby _______?
discharged from the agreement
74
Ran is a surety for Su's loan from Tempo Credit. When Su pays the debt owed to the lender, Ran's right of subrogation entitles the surety to ______?
any right that the creditor had against the debtor
75
Petro Refinery asks Quality Bank for a loan to increase its inventory. Quality requires Roma, Petro's president, to sign a personal guaranty to pay the debt if Petro defaults. The guaranty is required to be in writing because _______?
the main purpose rule does not apply
76
Brie, Cam, and Franco are cosureties of Samson's debt to Finance LLC. Brie pays the entire debt. her right of contribution entitles her to recover any amount paid above the surety's obligation from _________?
Cam and Franco
77
A voluntary petition in bankruptcy must include ________?
a list of the debtor's creditors and the amount of the debt owed to each
78
Because the homestead exemption interacts with other areas of the law that relate to creditors' rights and remedies, it can sometimes operate to cancel out _________?
a portion of a lien on a debtor's real property
79
If a voluntary petition in bankruptcy is found to be proper, the courts entry for an order for relief puts into place __________?
an automatic stay
80
In addition to financial statements, each voluntary petition in bankruptcy must include _________?
a certificate proving the receipt of credit counseling
81
Under Ch 11, soon after the entry of the order for relief ________?
a creditors committee of unsecured creditors is appointed
82
Compared to Ch 7 and 11, a Ch 13 plan _________?
allows a debtor to retain possession of his or her assets
83
Under Ch 7, the primary effect of a discharge is to ________?
void a judgment on a discharged debt and prohibit an action to collect it
84
Under Ch 7, creditors are paid in a certain order of priority. The highest priority class compromises claims for _______?
domestic support
85
Under and chapter of the Bankruptcy Code, failing to file the necessary documents with the debtor's petition for relief can result in _________?
the dismissal of the petition
86
Gina's creditors attempt to force her into bankruptcy proceedings. The creditors will be unsuccessful if Gina is __________?
a farmer
87
The chapter of bankruptcy in which the debts are discharged and the debtor is given the opportunity of a fresh start is _______?
Ch 7, Liquidation
88
Retail Stores Inc. wants to agree with its creditors on a plan under which it pays a portion of its debts and is discharged from the rest. To accomplish this goal, the corporation should file a petition in bankruptcy under Ch 11 for relief through ___________?
a reorganization plan
89
Without creating a separate business organization, Rey started up Street Cruisers, a pre-owned auto sales enterprise. This enterprise is __________?
a sole proprietorship
90
Bayard organized, and owns and operates, Cypress Tours in the simplest form of business organization. This is a _______?
sole proprietorship
91
Ahmed starts up and assumes the financial risk of, Data Worlds, a new marketing enterprise. As a sole proprietorship, the enterprise must meet legal requirements relating to ________?
taxes
92
Garcia, the owner of Data Master, a sole proprietorship, wants to obtain additional business capital. This opportunity is most likely limited to __________?
borrowing funds
93
Ling owns and operates Metro Delivery Service as a sole proprietorship when she dies, the business will automatically _______?
dissolve
94
Maeve sells New Energy, a sole proprietorship that makes and sells solar panels, to Olaf. This is _________?
a transfer of ownership of the business
95
Van started Wind Systems to make and sell turbines. Later, Van contracts Xi to invest additional capital in the firm in exchange for 25% of the profits. Van and Xi are not partners in Wind Systems because __________?
they do not have joint control over the business
96
Obie operates Pizza Palace. Obie hires Qua to take and fill customers' orders at an hourly rate of $15.00, plus tips. Obie and Qua are not ____________?
partners because Qua does not have an ownership interest or management rights to Pizza Palace
97
Deb and Eve are partners in Foundations, a construction outfit. Deb manages the business. For the service, unless the partnership agreement states otherwise, she is entitled to pay in proportion to her _________?
capital contribution
98
