FINAL EXAM

Question 1

What is the United States Constitution?

Answer 1

The Supreme Law of the Land

Question 2

Federal Law

Answer 2

Applies to all 50 states

Question 3

State Law

Answer 3

Applies to state only. Cannot have less than the federal law but can have more.

Question 4

Administrative Law

Answer 4

Laws created by agencies established by legislative bodies

Question 5

Common Law

Answer 5

Decide court decisions based on previous court decisions

Question 6

Criminal Cases

Answer 6

-Prove beyond reasonable doubt
-99% Sure
-12/12 jurors must agree
-Plaintiff must prove defendant guilty, defendant doesn’t have to prove anything

Question 7

Civil Cases

Answer 7

-Burden of proof is on the plaintiff to prove defendant is at fault
-51% sure
-9/12 jurors must agree

Question 8

Ethics

Answer 8

Generally, businesses need to practice good business ethics as much as possible

Question 9

Abandoned Property

Answer 9

Property that has been thrown away. Belongs to the finder.

Question 10

Lost Property

Answer 10

Property that has been involuntarily parted with. Belongs to the finder against the whole world, except the true owner.

Question 11

Mislaid Property

Answer 11

Property that was intentionally placed but then forgotten about. Belongs to the owner of the land, except the true owner.

Question 12

Treasure

Answer 12

Property that is deemed antiques. Belongs to the finder except the true owner.

Question 13

Intentional Tort

Answer 13

-Defendant meant hard to plaintiff
-Classified through assault, battery, defamation, false imprisonment, outrage, fraud, conversion, trespass to real property.

Question 14

Negligence

Answer 14

-Defendant accidentally caused plaintiff’s harm

Question 15

Four Elements of Negligence

Answer 15

1. Defendant owed duty of care
2. Defendant breached duty of care
3. Defendants act caused plaintiff harm
4. Plaintiff was injured

Question 16

Negligence Defenses

Answer 16

1. Assumption of Risk (waiver)
2. Contributory Negligence
3. Comparative Negligence
4. Modified Compartive Negligence (Arkansas)

Question 17

Criminal Statutes

Answer 17

-Theft
-Battery
-Burglary
-Robbery
-Aggravated Robbery

Question 18

Criminal Justice Process

Answer 18

Arrest->Bail->Filing of criminal charges->Arraignment (plea)->Motions->Plea Bargain->Trial

Question 19

State Court Systems

Answer 19

District Court->Circuit Court->AR Supreme Court

Question 20

Federal Court Systems

Answer 20

District Court->Circuit Court->US Supreme Court

Question 21

Civil Court Process

Answer 21

Complaint->Service of Process->Answer-> Discovery->Trial

Question 22

What is a Sole Proprietorship?

Answer 22

Owned by 1 owner and business is under their name

Question 23

What is a Partnership?

Answer 23

Owned by 2 or more people and is split between each other.

Question 24

What is a Corporation?

Answer 24

Legal business entity owned by shareholders

Question 25

What is a LLC?

Answer 25

Limited Liability Company that is like a corporation but has to follow different guidelines.

Question 26

Divorce

Answer 26

Either contested or uncontested and its between two parties.

Question 27

Presumption of Custody

Answer 27

It is assumed that each parent will share custody of the child/children

Question 28

Employment Law

Answer 28

-Most employees are at-will except when it comes to Title VII

Question 29

Title VII

Answer 29

Cannot discriminate on accounts of Race, Color, National Origin, Religion, and Sex.

Question 30

Will

Answer 30

Written documents that shows who gets what. Must state each child but does not have to give them anything.

Question 31

Dying without a will?

Answer 31

If there is a spouse all goes to them except if they have kids then it is split. Not married? Goes to the parents.

Question 32

Estate Tax

Answer 32

40%