Monday
October 20, 2014

Homework Help: business law

Posted by Trying on Friday, June 19, 2009 at 11:45am.

Could someone please check what work I do have and answer the ones I dont have Thank you to the ones I have Answered The letter is next to the question #1-19

BUS—Business Law


1. Which of the following statements is true? B

a. In the criminal law system, one private citizen may sue another and recover damages for the crime committed against him.
b. Sometimes, the same behavior can violate both the civil law and the criminal law.
c. All laws are passed by legislative bodies like the US Congress. Courts just decide cases, and have no role in creating or interpreting law.
d. Understanding the law is solely the role of a business’ legal department. Managers and other employees do not need to develop a working knowledge of law and business, and how the law affects business.

2. Which of the following statements are true? C

I. The US Constitution contains many prohibitions against government regulation, and many of these are contained in the Bill of Rights, which consists of the first 10 Amendments to the Constitution.
II. The US Constitution is the highest source of law in the United States.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

3. All of the following statements are true, EXCEPT: Correct A

a. Plaintiffs may properly file any lawsuit in either state or federal court, regardless of the issues presented or the amount in controversy.
b. Alternative dispute resolution (ADR) mechanisms share many advantages over trials: they are generally quicker, cheaper, less complicated procedurally, and receive less publicity, for example.
c. A voluntary alternative dispute mechanism sometimes used when negotiation seems to be failing is mediation. Here, the parties to the dispute choose a third party to assist them in settling it.
d. After a case goes to trial, a party may appeal the case to an appellate court. Generally, appellate courts don’t hear witnesses or determine facts. Their job is to review the proceedings in the trial court, and correct any legal errors made by the trial judge.

4. Which of the following statements is true? C

a. Although criminal defendants are presumed innocent, since many of them are in fact guilty, in a criminal case the government doesn’t have to prove every element of the crime. It only needs to prove the defendant was guilty by a preponderance of the evidence, and doesn’t need to prove every element of the offense, beyond a reasonable doubt.
b. Insanity cannot be a defense to criminal liability.
c. Crimes are public wrongs—that is acts prohibited by the state or federal government.
d. The government can legitimately convict someone of a crime when the act was not illegal at the time it was committed by later passing a law prohibiting the act, and applying it retroactively.


5. Which of the following statements are true? A

I. The Commerce Clause of the US Constitution gives the federal government the power to regulate commerce with foreign nations and among the several states.
II. State governments have inherent powers, so they can enact laws that directly discriminate against interstate commerce, and they can enact laws that unduly burden interstate commerce, regardless of the Commerce Clause.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

6. All of the following statements are true, EXCEPT: D

a. A “tort” is generally described as a civil legal wrong, other than a breach of contract.
b. There are torts that stem from intentional conduct, and those that stem from unintentional conduct.
c. All intentional torts require some sort of improper physical contact.
d. Battery occurs when one person intentionally touches another in some way that is harmful or offensive, and where there was no valid consent to the touching.

7. Which of the following statements is true? D

a. For there to be a case of assault under tort law, there must be both the apprehension of physical contact, and the actual contact.
b. There can be no assault without there also being a battery.
c. Due to the qualified privilege of conducting one’s business affairs, there cannot be false imprisonment if a store owner improperly detains a suspected shoplifter and prevents the suspect from leaving a back room in the store.
d. Many states have passed statutes giving immunity to store owners, under certain circumstances, from civil actions for false imprisonment following their detention of suspected shoplifters.

8. Which of the following statements are true? B

I. Defamation consists of the publication of statements injuring another person’s reputation or character regardless of whether the statements are true.
II. Spoken defamation is termed “slander,” but defamation communicated by the mass media, whether spoken or written, is properly termed “libel.”

a. I only
b. II only
c. Both I and II
d. Neither I nor II

9. All of the following statements are true, EXCEPT: C

a. There are certain privileges under the law that may provide valid defenses to lawsuits for defamation.
b. The media is given additional protection from defamation lawsuits when public figures or public officials are involved.
c. There is a conditional privilege of truth that can be presented as a defense in an action for defamation. If an otherwise defamatory statement is true, the person making it cannot be held liable for defamation, but only if she made the statement in good faith, not knowing whether it was true or false.
d. For a public official or public figure to prevail against the media in a defamation action, he or she must show the allegedly defamatory statement was made with actual malice.

10. Which of the following statements is true? C

a. If someone attends a matter of public interest, like a trial of a famous person, and a newspaper publishes a picture of that person watching the trial, without that person’s authorization, the newspaper will be legally liable for the tort of invasion of privacy.
b. There are no tort actions for invasion of property rights. If someone improperly enters your land or takes your personal property they can be prosecuted under the criminal law, but the property owner doesn’t have any action against them under tort law.
c. It is possible, under certain circumstances, to have a tort cause of action against someone else based on invasion of privacy, even if the facts published were true.
d. Tort law provides remedies only for injuries to one’s person—not for injuries to one’s reputation, or property.

11. Which of the following statements are true? D

I. To establish a cause of action for negligence, one must show there was an intentional breach of a legal duty that causes injury or damage to someone else.
II. All persons owe others the duty of reasonable care, which is a different, and higher, legal standard than the duty of ordinary care.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

12. All of the following statements are true, EXCEPT: Correct C

a. Legal duties can be created by statutes.
b. In order to satisfy the “reasonable person” standard of conduct, one must comply with legal duties arising from statutes and from the common law.
c. If one establishes the breach of a legal duty by another person, one has established all the elements necessary to prevail in a cause of action for negligence against that person.
d. The violation of a legal duty created by a statute can constitute negligence by itself under the legal doctrine of negligence per se.

13. Which of the following statements is true? D

a. Under the law of most states, if a party bringing a negligence lawsuit is himself negligent in any respect, his cause of action is barred under the doctrine of contributory negligence.
b. Under the law of most states, whichever party to an accident had the last clear chance to avoid the accident is solely legally responsible for damage that results form the accident.
c. A party must be shown to have been negligent for her to be legally liable to another party. Under no circumstances can a party be found strictly liable to another for engaging in certain activities that result in injury or damage.
d. Under the doctrine of assumption of the risk, one’s recovery from another in negligence is barred if one is found to have assumed the ordinary risks attendant in the activity giving rise to the lawsuit.

14. Which of the following statements are true? A

I. A plaintiff injured by a product may bring an action based in negligence, strict liability or breach of warranty.
II. One may bring an action in strict products liability only if there was a manufacturing defect causing the product to be unreasonably dangerous, but not if the product was defectively designed or was defective because of inadequate instructions or warnings.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

15. All of the following statements are true, EXCEPT: C

a. The only product warranties recognized under the law are those provided by manufacturers to consumers in writing—termed “express warranties.”
b. To satisfy the implied warranty of merchantability, a product must be fit for the ordinary purpose for which it would be used.
c. The implied warranty of fitness for a particular purpose will arise if the seller knows the buyer is relying on the seller to select goods suitable for a particular purpose of the buyer, as communicated by the buyer to the seller.
d. Implied warranties can be disclaimed or limited, unless the disclaimer or limitation is determined to be unconscionable.

16. Which of the following statements is true? A

a. If you have an offer and an acceptance you have a contract. No additional elements need be demonstrated.
b. Society carefully regulates contract to prevent there from being freedom of contract.
c. A voidable contract is one that can be cancelled by either or both parties to the contract because of the failure to satisfy some applicable legal requirement.
d. Contracts involve the exchange of one promise for another. You can’t have a contract where a promise is exchanged for the performance of another party.

17. Which of the following statements are true? A

I. An offer is the manifestation of a willingness to enter into a bargain. What the person making the offer might be thinking is not what determines whether there is an offer, or what constitute its terms.
II. To constitute an offer, a communication must be sufficiently definite so it demonstrates a willingness to enter into a binding contract.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

18. All of the following statements are true, EXCEPT: Correct D

a. In many cases, an advertisement will be viewed as an invitation to make an offer, not as an offer to enter into a binding contract.
b. The offeror can generally invite acceptance of the offer in any means she specifies, as long as the means of acceptance aren’t illegal or in violation of public policy.
c. Once someone makes an offer to enter into a contract, the offer must be held open for the time specified in the offer, or for a reasonable time, and revoking the offer before this will constitute breach of contract.
d. Once rejected, an offer to enter into a contract can’t be accepted thereafter.

19. Which of the following statements is true? B

a. If one tries to accept an offer to enter into a contract by altering its terms, in many cases this will not constitute an acceptance, and will constitute a rejection of the offer.
b. A party making an offer to enter into a contract generally can bind another party to a contract by requiring them to speak or else be bound under the contract. Remaining silent when in receipt of an offer generally constitutes acceptance of the offer.
c. If one party promises to do something for another, and the other party agrees, there’s a contract even if the other party has no obligation whatsoever under the contract.
d. If I promise to perform a certain service for you in 10 days, and you promise to pay me $500 for this, but I later say I won’t perform this service unless you pay me $1,000, and you agree to do so, we have a valid, enforceable contract for me to perform the service for you for $1,000.

20. Which of the following statements are true? C

I. Contracts with people who lack capacity to enter into contracts are voidable by the party lacking capacity.
II. If one makes a contract with a minor and provides “necessaries” to the minor under the contract, the minor may disaffirm the contract, and the party providing the necessaries is not entitled to recover anything under any legal theory of recovery.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

21. All of the following statements are true, EXCEPT:

a. Generally, courts will refuse to enforce contracts that involve illegal activities.
b. Generally, courts will refuse to enforce contracts that are determined to be contrary to public policy.
c. A court will not set aside a contract due to the mistake of the parties to the contract. This is true even if the mistake was made by both parties, and it affected a basic assumption upon which the contract was made that has a material effect on the agreed exchange of performances.
d. A contract will be set aside by a court if one of the parties was under duress at the time the contract was formed, or one party exercised undue influence on the other party.

22. Which of the following statements is true?

a. All contracts must be in writing to be enforceable.
b. Contracts for the transfer of an interest in land do not have to be evidenced by a writing to be enforceable.
c. For a contract for the sale of goods over $5,000 to be enforceable, all of its terms must be set out in writing.
d. If a contract is fully performed, it doesn’t have to be in writing to be enforced, if all the other elements of a valid contract are demonstrated.

23. Which of the following statements are true?

I. In a lawsuit concerning a written contract, the parol evidence rule forbids the introduction of any evidence other than the contract itself, in all situations.
II. The overall goal of interpreting the meaning of a contract or its terms is to ascribe the meaning that a reasonable person would be expected to give to the term or matter at issue.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

24. All of the following statements are true, EXCEPT:

a. Many contracts contain express conditions. These are certain things that must happen before one of the parties is expected to perform his obligations under the contract.
b. Under a contract for the construction of a building, if the builder only substantially performs--but doesn’t completely perform--his contractual obligations, the other party has no further obligations under the contract whatsoever.
c. If one party to a contract makes it clear by word or act he won’t perform his obligations under a valid contract, this constitutes a breach of contract by anticipatory repudiation.
d. If a party can’t perform under a contract due to certain circumstances, or it becomes economically unfeasible to do so, performance under the contract may be excused, under certain conditions.

25. Which of the following statements is true?

a. If a party demonstrates another party has breached a contract, and brings a lawsuit for this, the party can seek damages, but there is no other form of legal relief that may be sought by the party suffering the breach of contract.
b. A contract may specify penalties that will be due and owing if one of the parties beaches the contract, and such penalties will be enforced by the courts, even if they are much more than a reasonable approximation of the damages that will be sustained if there’s a breach of contract.
c. Neither consequential nor punitive damages can be awarded in most breach of contract cases.
d. If a party agreeing to perform a personal service under a contract breaches the contract, that party may be ordered by a court to perform the service.

26. Which of the following statements are true?

I. An agency is a fiduciary relationship where one party agrees to act on another’s behalf, subject to the other’s control and consent.
II. When an agent acts on behalf of a principal in an authorized manner, the principal is only bound by the act if he later acts to explicitly ratify the act.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

27. All of the following statements are true, EXCEPT:

a. Agents have a duty of loyalty to their principals.
b. Agents have a duty to obey the lawful and proper instructions of their principals that are within the scope of the agency agreement.
c. Agents are solely responsible for the exercise of their obligations under the agency agreement, so they are under no duty to communicate information to the principal.
d. Agents have a duty to exercise reasonable care and skill when conducting activities within the scope of their agency agreement.

28. Which of the following statements is true?

a. Agents must perform their stated tasks under the agency agreement, but aren’t required to keep any records.
b. Agents are allowed to use the property of their principals for their own personal benefit, even if this damages or uses up the property.
c. If an agent makes a profit themselves on a transaction that was supposed to be on behalf of their principal, the agent will be required to turn over this profit to their principal, at least in most cases.
d. Agents must follow all instructions of their principals, even if these require the agent to perform acts that are contrary to public policy.

29. Which of the following statements are true?

I. Principals have the duty to compensate their agents if the agency agreement between them provides for compensation.
II. Once an agency agreement has ended, there are no cases where the agent can be entitled to any compensation.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

30. All of the following statements are true, EXCEPT:

a. Principals generally have the obligation to reimburse their agents for reasonable expenses incurred by the agents on their principals’ behalf.
b. Similar to agents, principals have a duty to keep accounts, or adequate records, so that compensation and reimbursement of agents can be reasonably determined.
c. Agency agreements only terminate when the purpose of the agency has been achieved, and cannot terminate by operation of law.
d. Principals have the power to extinguish agency relationships at any time, even if by doing so they may be in breach of the agency agreement.

31. Which of the following statements is true?

a. The only way an agent can acquire authority to act on behalf of a principal is under the doctrine of actual authority.
b. Express authority is a form of apparent authority.
c. To create authority on the part of an agent, the principal must communicate it expressly. If authority is not communicated expressly, it doesn’t exist.
d. When an agent has received authority in writing, the agent is termed an attorney-in-fact under the law.


32. Which of the following statements are true?

I. Under the doctrine of apparent authority, a principal will be bound by the conduct of his former agent, if the principal has not taken reasonable and appropriate steps to notify third parties the agency relationship has ended, and a third party would reasonably believe the agent still represents the principal.
II. If the act of an agent isn’t authorized by the principal, the principal cannot be bound by the act, even if the principal later explicitly accepts the act, or impliedly accepts it by keeping the benefits of the unauthorized act.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

33. All of the following statements are true, EXCEPT:

a. Knowledge possessed by the agent about matters within the scope of the agency is generally considered to also be possessed by the principal.
b. Payment to an authorized agent is considered to be payment to the principal.
c. Agents are personally responsible to perform contracts entered into for their principals if the principals fail to perform, and this is even true when the agent discloses to the other party to the contract that the contract is being executed on behalf of a disclosed principal.
d. In some cases, principals will be liable for torts committed by their agents, as per the doctrine of vicarious liability, or respondeat superior.

34. Which of the following statements is true?

a. Under the workers compensation system, employees seeking benefits must prove fault on the part of their employer, but the employers will have several common law defenses to their claims, such as contributory negligence and the fellow-employee rule.
b. The FLMA requires all employers to give 12 weeks of paid leave to all employees who have a serious medical condition.
c. The Employment Retirement Income Security Act, ERISA, regulates pension plans established by employers, and sets certain standards regarding when pension plan benefits must be non-forfeitable—that is must become vested.
d. Under federal law, employers may require all of their employees to agree not to join a union as a condition of their employment.

35. Which of the following statements are true?

I. Federal law does not provide any right of workers to bargain collectively.
II. It is not an unfair labor practice for an employer to refuse to bargain with a duly elected employee union.

a. I only
b. II only
c. Both I and II
d. Neither I nor II

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