1
Q
Administrative law is a source of American law that consists of statutes.
A
False - Administrative Law body of law created by administrative agencies in order to carry out their duties or responsibilites.
2
Q
The term common law refers to law that is common throughout the world
A
False - common law refers to the body of law developed from custom or judicial decions in English and US courts, not attributable to legislature.
3
Q
Administrative law consists of the rules, orders, and decisions of administrative agencies.
A
False -administrative law is the body of law created by administrative agencies in order to carry out their duties or responsibilites.
4
Q
Procedural law consists of all laws that outline the methods of enforcing rights.
A
True
5
Q
Statutory law does not include county ordinances.
A
False - statutory law laws passed by Congress, state legislatures or local governing bodies
6
Q
Law consists of enforceable rules governing relationships among individuals and between individuals and their society.
A
True
7
Q
A jury’s good sense and careful consideration of consequences is known as jurisprudence.
A
False - judges
8
Q
Constitutional law includes only the US constitution
A
False - constitutional law is based off the US Constitution and the constitutions of the states
9
Q
Statutes are laws enacted by congress and the state legislatures and comprise one of the sources of American law.
A
True
10
Q
Remedies in equity include decrees of specific performance.
A
True
11
Q
Remedies in equity include injunctions
A
True
12
Q
In a common law system, judges are not obligated to follow the precedents established within their jurisdictions.
A
False - judges are obligated to follow precedents established within their jurisdictions.
13
Q
Criminal law focuses on rights and duties that exist between persons
A
False - criminal law is when a person violates a statute
14
Q
The party against whom a lawsuit is brought is the plaintiff of petitioner.
A
False - plaintiff is the party that initiates the lawsuit
15
Q
Statutory law includes state statutes
A
True
16
Q
Laws and government regulations affect almost all business activities.
A
True
17
Q
Damages are remedy at law
A
True
18
Q
Whether a law is constitutional depends on its source
A
False
19
Q
Administrative law includes only state regulations
A
False
20
Q
The US constitution reserves to the federal government all powers not granted to the states
A
False - reserves to the states all powers not granted to the federal government
21
Q
A citation identifies the publication in which a legal authority can be found
A
True
22
Q
Most state trial court decisions are not published
A
True
23
Q
The stability and predictability of the law are essential to business activities
A
True
24
Q
Criminal acts are prohibited by only federal government statutes
A
False - state statutes can define a law as criminal
25
Under the constitution, the judicial branch is responsible for foreign affairs.
False - the executive branch is responsible for foreign affairs, but treaties require consent of the sentate.
26
The states can establish laws that substantially affect trade and commerce.
False - trade & commerce is regulated by the Federal Trade Commission
27
The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the constitution, Congress
Enacts the laws
28
In a federal form of government, the national government shares sovereign power with the states
True
29
Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject
True
30
Some constitutional protections apply to business entities
True
31
Under the constitution, the judicial branch makes the laws
False - the legislative branch makes the laws
32
The Fifth Amendment prohibits unreasonable searches and seizures of persons or property
False - the fifth amendment prohibits the issuance of warrants without probably cause, that no one be deprived of life, libery and due process of law, prohibition against double jeopardy, and that no person is required to be a witness against themselves.
33
A law that has any impact on religion is unconstitutional
False
34
The establishment clause requires a complete separation of church and state
False - the establishment clause prohibits congress from creating any law 'respecting the establishment of religion.'
35
The first amendment protects commercial speech more extensively than noncommercial speech
False - commercial speech is more restircted
36
The US Constitution explicitly mentions a general right to privacy
False
37
The constitution permits congress to regulate interstate commerce
True
38
The rights secured by the Bill of Rights are absolute
False
39
All powers not specifically delegated to the federal government are reserved to the states
True
40
The 14th amendment guarantees a right to due process of law
True
41
Under the constitution, speech - oral, written, or symbolized by conduct - cannot be restricted in any way
False - freedom of speech is subject to reasonable restrictions
42
The constitution expressly delegated to the states the power to regulate interstate commerce
False - this power is delegated to the federal government
43
A law that prohibits only some persons from exercising a fundamental right will be subject to ‘strict scrutiny’ by the courts and under the equal protection clause.
True
44
The Bill of Rights protects individuals against types of interference by the federal government.
True
45
The judicial branch has the power to hold actions of the other branches of government unconstitutional.
True
46
Procedural due process requires that any government decision to take a person’s property must be made equitably.
True
47
Substantive due process limits what the government can do in its legislative and executive capacities.
True
48
A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.
True
49
The first amendment protects even speech that violates criminal laws.
False - free speech is subject to reasonable restrictions
50
The 8th amendment prohibits excessive bail and fines.
True
51
If a tax measure is reasonable, it is generally held to be within the national taxing power.
True
52
The national government can regulate almost every commercial enterprise in the United States.
True
53
The most widely used defense for negligence actions is consent.
False -comparitive negligence is the most widely used
54
Conversion is limited to theft
False - conversion is any act that deprives an owner of personal property or of the use of that property without the owner’s permission and without just cause
55
Legitimate competitive behavior is permissible interference with a contractual relationship even if it results in breaking of the contract.
True
56
Defense of others is a defense to an allegation of battery
True
57
Through tort law, society compensates those who inflict injuries on others
False - purpose of tort law is to provide remedies for the violation of various protected interests.
58
Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship
False - wrongful interference requires: a) an enforceable contract between two parties; b) a third party must know that the contract exists; c) the third party must intentionally induce a party to the contract to breach the contract
59
If it can be shown that a trespass on land was warranted, a complete defense exists
True
60
Disparagement of property is a general term for the specific tort of appropriation
False - disparagement of property occurs when economically injurious falsehoods are made about anothers product or property
61
A successful defense releases the defendant from liability for a tortious act
True
62
Moral pressure constitutes false imprisonment
False
63
A tortfeasor is one who wrongfully alleges that a tort has been committed
False - tortfeasor is one who commits a tort
64
To commit an intentional tort, a person must have an evil or harmful motive
False - intetional act knowingly committed
65
A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury
False - assumption of risk
66
he bases of all torts are wrongs and compensation
True
67
Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability
True
68
An individual’s privacy is invaded if his or her likeness is used for commercial purposes without permission
True
69
Fraud occurs only when there is justifiable reliance on a true statement
False
70
If no harm results from an allegedly negligent act, there is no liability
True
71
False imprisonment occurs when a person restrains another intentionally and without justification
True
72
Defense of others is a defense to an allegation of assault
True
73
The purpose of tort law is to provide remedies for the violation of various protected interested.
True
74
The taking of electronic records and data can form the basis of a conversion claim
True
75
Harm must be foreseeable to be considered the proximate cause of an injury in negligence.
True
76
A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements
True
77
For fraud to occur, seller’s talk must be involved
False
78
Only persons who are explicitly invited onto a business’s premises are considered business invitees.
False - business invitees include customers or clients for business purposes
79
Tort law provides remedies for acts that cause damages to property
True
80
A defamatory statement must be communicated to a third party to be actionable
True
81
To avoid liability for negligence, a business owner must protect its customers against all risks.
False
82
Failure to live up to a standard of care may be an act or an omission
True
83
Conversion is limited to theft
False - any act that deprives an owner of personal property or of the use of that property without the owner’s permission and without just cause
84
In a criminal case, the state must prove its case by a preponderance of the evidence
False - this is required in a civil case
85
It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise
True
86
Falsifying public records or altering a legal document is larceny
False - larceny refers to unlawfully taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of possession.
87
A stolen credit card is more likely to hurt the cardholder than the merchant
False
88
Ordinarily, ‘ignorance of the law’ or a mistaken idea about what the law requires is a valid defense to criminal liability
False
89
Public officials prosecute criminal defendants
True
90
In a phishing attack, the perpetrator ‘fishes’ for financial data and passwords from a consumer by posing as a legitimate business
True
91
All persons who are arrested have the constitutional right to remain silent
True
92
Counterfeiting is robbery
False
93
Individuals who are arrested must be informed of certain constitutional rights
True
94
A person’s intent to return embezzled property - or its actual return - is not a defense to the crime of embezzlement
True
95
Constitutional safeguards to protect the rights of individuals apply in federal courts
True
96
A company takes a risk by storing its online customers’ credit-card numbers
True
97
A kickback for a special favor or service is a form of bribery in some situations
True
98
It is not a crime to defraud the public through the use of e-mail ads
False
99
The fourth amendment protects against unreasonable searches by the government
True
100
Using social media to defraud is a federal crime
True
101
One purpose of criminal sanctions is to deter others from committing similar crimes in the future
True
102
Criminal law spells out the duties that exist between persons or between citizens and their governments
False - criminal law is the branch of law that defines and punishes wrongful actions committed against the public
103
One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act
True
104
A cyberterrorist might target a government agency, but not a business
False
105
A misdemeanor is a crime punishable only by a fine
False - punishable by a fine or confinement for up to a year
106
Racketeering is a single crime - engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds
False - dishonest and fraudulent business dealings
107
Picking pockets is not robbery
True
108
A suspect cannot be tried twice in the same court for the same crime
True
109
Embezzlement can be committed only by physically taking property from the possession of another
False - when a person who is entrusted with another person’s property fraudulently appropriates it
110
The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases
False
111
A verdict of guilty to a criminal charge nearly always requires a unanimous jury
True
112
Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution
True
Business Law 3000
flashcards
Decks in class (5)
# Cards
