Business & Personal Law MIDTERM Exam REVIEW
Name ______
The Midterm exam will consist of parts: Vocabulary (30), True/False (30), Multiple Choice (40) and an Application portion which will require you to decide cases and/or answer specific questions.Parts I-III will be answered on a scantron, while Part IV will be written directly on the paper. .The review will be by chapter; however, the actual final will have all items mixed.
Chapter 1
Terms to know:
Civil LawConstitutionCriminal Law
EthicsJurisdictionLawsProcedural Law
______Power of the court to decide a case.
______Enforceable rules of conduct in a society.
______Group of laws that defines & sets punishments for offenses against society.
______A collection of standards of conduct & moral judgment forming the basis for a reasoned, impartial decision as to what is right or wrong.
______Group of laws used to provide remedy for wrongs against individuals.
______Group of laws that define the methods for enforcing legal rights & duties
______Document that sets forth the framework of the government & its relationship to the people it governs.
True/False:
1. _____ the laws do not reflect the culture & circumstances that create them.
2. _____ The Supreme Court of the United States is the final interpreter of the federal Constitution.
3. _____Ethical reasoning about right & wrong is based solely on consequences.
4. _____ The system of law in the US is based on the English common law.
5. _____ In the US today, law courts & equity courts generally are merged.
Multiple Choice:
1. The document that sets forth the framework of a government & its relationship to the people it governs is
a. the Bill of Rightsb. the UCCc. a constitutiond. an ordinance
2. How many distinct stages do most societies go through in forming their legal systems?
a. oneb. threec. fourd. six
3. Which of these is based on the current standards or customs of the people?
a. positive lawb. common lawc. civil lawd. code
4. Which of the following will police investigate?
a. civil mattersb. criminal mattersc. interstate mattersd. intrastate matters
5. With fundamental ethical rules, the standard for judging usually comes from
a. a recognized authorityb. human reasoningc. both a and b d. none of these
6.Consequences based ethics is most often reflected in our legal system through out
a. constitutional rights b. court decisionsc. majority rules d. legislatures
7. Business law greatly affects
a. consumersb. business firmsc. both a and bd. none of these
Chapter 2
Terms to know:
Bill of RightsCivil RightsCyberlaw
______Law that is intended to govern the use of computers in e-commerce and the Internet.
______First ten amendments to the US Constitution.
______Personal, human rights, recognized & guaranteed by the US Constitution.
True/False
1. _____The agency that deals with discrimination in the workplace is the Equal Employment Opportunity Commission (EEOC).
2. _____ the Internet began as a collaboration between the government & academic computers.
3. _____ Obscenity is judged on a national standard.
4. _____ the right of privacy is not specifically mentioned in the Constitution or the Bill of Rights.
5. _____ The issue of jurisdiction is a settled area in cyberlaw.
Multiple Choice:
1.Our existence as a truly united country began in/with
a. 1790 – Rhode Island became the last of the original thirteen states to ratify the Constitution
b. 1784 – Peace treaty ratified by the continental Congress
c. 1776 – Declaration of Independence
d. 1789 – congress declared the Constitution effective
2. The Declaration of Independence
a. denounced royal rule & the “divine right of kings” throughout the world
b. stated that all men are endowed by their Creator with the right to life, liberty and the pursuit of happiness
c. Called for a strong central government of the American colonies, to be based in Washington, DC
d. all of these
3. The executive branch is headed by
a. the President & the Supreme Court
b. the Senate & the House of Representatives
c. the President & the Vice President
d. the President & the Chief Justice
4.The Twenty-Sixty Amendment gave the right to vote to
a. all adult residents
b. all adult women
c. all citizens who are 18 or older
d. none of these
5. Which of the following areas of law is primarily a concern & responsibility of individual state governments?
a. import & export law
b. military & national defense law
c. interstate commerce law
d. business & contract law
6. The US Supreme Court has dealt 3 landmark decisions in cyberlaw. These 3 cases deal with
a. a defendant must have minimum contacts to become subject to cyberlaw
b. whether obscene material can be banned or regulated
c. the application of the First Amendment to obscenity
d. all of these
7.The powers of the federal government include
a. coining money
b. regulating intrastate commerce
c. both a and b
d. none of these
Chapter 3
Terms to Know:
Appellate CourtArbitratorLitigateMediatorVerdict
______Independent 3rd party who tries to develop a non-binding solution acceptable to both sides of a dispute.
______Jury’s decision in a case.
______Reviews decisions of lower courts to determine if a significant error of law was made during trial.
______To place a dispute before a court of law for resolution.
______Independent 3rd party who develops a binding & enforceable resolution to a dispute.
True/False
1. _____when a decision is made by a mediator, it is binding on the parties to the dispute.
2. _____There are 13 federal courts of appeal.
3. _____The state legal system, as well as the federal, has 3 branches of government.
4. _____ Any records made on juvenile cases are open to the public.
5. _____Minor individual suits would not often be heard if not for the small claims courts
6. _____ The goal of the juvenile courts is to match the punishment with the crime.
Multiple Choice
1.Who of the following makes decisions that bind the parties to a dispute?
a. conciliatorb. mediatorc. arbitratord. none of these
2. Courts that administer wills & estates are called
a. federal district courtsb. family courtsc. probate courtsd. estate courts
3.Which of the following courts has its jurisdiction limited by the amount of money involved in the litigation?
a. small claims courts b. juvenile courtsc. trial courtsd. appellate courts
4.Appellate courts
a. call witnessesb. examine transcriptsc. accept new evidenced. all of these
5.The state court of appeals has a panel of
a. jurorsb. 3 or more justicesc. no more than 3 judgesd. none of these
Chapter 4
Terms to Know:
CrimeDefenseFelonyProbable CauseWhite Collar Crime
______Crime typically committed in the workplace that does not involve violence or force.
______Punishable offense against society.
______At criminal law, a legal position that allows the defendant to escape criminal liability.
______A reasonable ground for belief.
______Crime punishable by more than 1 year in jail, a fine of more than $1,000 or both.
True/False
1. _____the existence of a duty in criminal law is usually proved in court by the testimony of an expert witness.
2. _____A person released on his or her own recognizance must post a bond.
3. _____What is a crime for an adult is juvenile delinquency for a minor.
Multiple Choice
1. What is the standard of proof in a criminal case?
a. proof by a preponderance of the evidence
b. proof beyond a reasonable doubt
c. proof by clear & convincing evidence
d. none of these
2.What is the age in which one is considered capable of criminal intent by the statutes in most states?
a. 6b. 10c. 14d. 18
3. Vicarious criminal liability refers to
a. burglaryb. childrenc. corporationsd. accomplices
4.Which of the following would not create a procedural defense?
a. the establishment of an alibi
b. failure to provide the defendant with a lawyer during a criminal trial
c. the sue of fore to coerce a confession
d. the denial of the right to cross-examine witnesses
5. White-collar crimes
a. cause physical damage to property
b. do not cause injury to people
c. involve force or violence
d. none of these
6. Which of the following is the best definition of contempt of court?
a. willful disregard of the instruction of one’s lawyer
b. actions that interfere with the administration of justice
c. failure to file an appeal on time
d. words that express disrespect for witnesses
7. Shortly after his/her arrest, the defendant is brought before the court in a proceeding called a(n)
a. voir direb. preliminary hearingc. indictmentd. arraignment
Chapter 5
Terms to Know:
DefamationFraudNegligenceStrict LiabilityTort
______Most common tort based on carelessness.
______False statement that injures one’s reputation.
______Private or civil wrong for which the law grants a remedy.
______Intentional misrepresentation of an existing, important fact.
______Holding a defendant liable without a showing of negligence.
True/False
1._____ When there is a jury, the judge decides the issues of both law & fact
2._____ Battery & negligence are intentional torts.
3._____ Punitive damages are always available where an intentional tort has been committed.
Multiple Choice
1.A tort is
a. an offense against society
b. an offense against an individual
c. both a and b
d. none of these
2. Which of the following is not an element of most torts?
a. injuryb. violation of a dutyc. causationd. conspiracy
3.Which of the following compels a witness to appear in court & testify?
a. the tortb. the verdict c. the subpoenad. the complaint
4. An unlawful or harmful touching is called
a. batteryb. defamationc. an assaultd. an invasion of privacy
5. In a jury trial, who decides issues of fact?
a. the trial judgeb. the defendantc. the judges of the appellate courtd. the jury
6.Which of the following is not a defense to the tort of negligence?
a. fraudb. contributory negligencec. assumption of the riskd. comparative negligence
Chapter 6
Terms to Know:
AcceptanceContractFirmOfferOfferRevocation
______Agreement between 2 parties that creates an obligation.
______Withdrawing an offer before it is accepted.
______Contractual proposal in writing by a merchant sating how long the offer is to stay open.
______Proposal by an offeror to do something provided the offeree does something in return.
______In contracts, occurs when a party to whom an offer has been made agrees to the proposal.
True/False
1. _____Contracts are the agreements between 2 or more parties that create obligations.
2. _____All serious agreements are contracts.
3. _____When the offeror communicates an offer to contract, the offeree is not required to accept it but he or she may choose to do so.
4. _____Consideration is the legal ability to contract.
5. _____Advertisements are considered invitations rather than offers.
6. _____ Every offer, when properly made, is always ended either by acceptance or rejection by the offeree.
7._____ An offer made to one person can be accepted by another.
Multiple Choice
1. Which of the following is not one of the major requirements for a contract?
a. genuine assentb. capacityc. timed. consideration
2. An unaccepted offer may be terminated by
a. a counterofferb. the rejection of the offereec. a reasonable length of timed. all of these
3.There is no contract
a. without both offer & acceptance on mutually agreed terms
b. without the exchange of money
c. both a and b
d. none of these
4. Social arrangements are
a. legal contractsb. subject to breach of contractc. not legal obligations d. none of these
5. Capacity to contract means that the person
a. has ample room to store goods that are purchased
b. has the ability, according to law, to understand his or her actions & the effect of those actions
c. has a genuine need for the goods or services purchased
d. all of these
6. When the price is not specified in contracts between individuals who regularly deal in such goods
a. the lowest market price is the basis
b. the current market price is used as the basis
c. the contract is null & void
d. the highest market price is the basis
7. Offers that require the offeree to accept by communicating the requested promise to the offeror are
a. mirror image rulesb. unilateral contractsc. bilateral contractsd. matching offer contracts
8. When the terms of acceptance must exactly match the terms contained in the offer, it is call
a. mirror image ruleb. unilateral contractc. bilateral contractd. a matching offer contract
Chapter 7
Terms to Know:
DuressGenuine Assent VoidVoidable
______Without legal effect
______Agreement to enter into a contract that is evidenced by words or conduct between the parties
______Occurs when one party uses an improper threat or act to obtain an expression of agreement.
______contract in which the injured party can withdraw, thus cancelling the contract.
True/False
- _____ The absence of genuine assent will make a contract voidable.
- _____ Material facts are important facts that influence the parties’ decisions about a contract.
- _____ Punitive damages are a form of punishment.
Multiple Choice
- A genuine agreement may be lacking due to
- Duressb. fraudc. undue influenced. all of these
- In misrepresentation, the statement must be one of
- Slanderb. factc. opiniond. unimportant information
- Key elements in undue influence are unfair persuasion and
- Relationshipb. ownershipc. both a and bd. none of these