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BUS 250 - FLAUTT NAME:
BUSINESS LAW - TEST
FALL, 2013, CHAPTERS 1, 2, 3,
4 (excl. Administrative Law), 5 and 8
D 1. Generally, constitutional protections do NOT apply to:
a. acts of the federal government. c. acts of administrative agencies. b. acts of state government. d. acts of privately owned businesses.
E 2. Contract law falls into which category?
I. Civil law II. Substantive law III. Private law
a. I only d. I and II only b. II only e. I, II and III c. III only
D 3. Most of tort law, contract law and criminal law have their origins in law.
a. administrative c. state and federal b. statutory d. common
C 4. The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the Constitutionality is clear is known as:
a. judicial review. c. judicial restraint. b. judicial reform. d. judicial activism.
B 5. Deontological ethics bases its value of what when evaluating the right decision
a. Results of doing something c. Happiness in doing something b. Reason for doing something d. The rules
E 6. Some of the protected classifications for equal protection purposes include:
a. Race d. Handicap status b. Religion e. All of the above c. Sex
B 7. The trespassory taking of someone else’s property with the intent to permanently deprive the owner of it is:
a. money laundering c. embezzlement b. larceny d. robbery
E 8. Judicial review can best be described as the power of federal courts to:
a. review state court decisions. b. review state executive action. c. review state and federal legislative and executive action. d. none of the above.
A 9. Although RICO was passed to deal with gangsters it is often used against businessmen who break the law.
a. True b. False
B 10. A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a challenge for cause.
a. True b. False
A 11. The President of the United States:
a. can veto Congressional legislation c. creates federal common law b. determines the constitutionality of statutes d. can invalidate Supreme Court rulings
B 12. Appellate courts conduct a trial de novo , rehearing all evidence that was presented at trial.
a. True b. False
A 13. The fastest growing method of dispute resolution in the United States is:
a. mediation c. negotiation b. arbitration d. litigation
A 14. Lois is running for political office. She trails the incumbent and decides to start running a series of "attack ads." The attack ads are very effective and one week before the election it appears that she has drawn even with her opponent. Lois admits that the attack ads were exaggerations and contained some distortions. Which statement is correct?
a. Lois has engaged in unethical behavior. b. Lois has engaged in ethical behavior since she has an obligation to her supporters to run a campaign that will help her get elected. c. It is not possible to determine whether Lois's attack ads were ethical or unethical. d. Assuming Lois's attack ads were unethical, her conduct is justified and proper if she to gets elected.
B 15. Which is the modern day court of equity?
a. Circuit court c. Justice court b. Chancery court d. Bankruptcy court
B 16. The judge resolves questions of law in a jury trial while a jury decides questions of fact, but only in a criminal case and not a civil one.
a. True b. False
D 17. Jurisdiction is:
a. the study of law. b. a federal court concept. c. applicable only to appeals courts. d. the authority of a court to decide a particular type of case.
B 18. Robert sued Monica for injuries he received in a traffic accident that happened out near Walker’s on the Panola County line one Sunday afternoon. Robert is an Ole Miss student from Oxford. Monica is also attending Ole Miss, but she is from Los Angeles. Robert convinced his attorney, a recent law school graduate, to file the lawsuit in Lafayette County Chancery Court because one of the judges coached Robert in youth soccer about 10 years ago. After being served with a summons and a copy of the Complaint, Monica filed a motion to dismiss the lawsuit. What is the most likely reason for her motion?
a. Improper venue c. Lack of personal jurisdiction b. Lack of subject matter jurisdiction d. Judicial bias
B 19. A United States District Court is:
a. a federal appellate court c. the federal small claims court b. the federal trial level court d. all of the above
D 20. A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum :
a. can only be given to an expert to require a personal appearance before a court or administrative hearing. b. is binding on a person even if it is mailed to the person rather than handed to her by a process server. c. allows for privileged or confidential information to be turned over the a court or administrative agency. d. requires the person to bring specified documents to the court or administrative hearing.
B 30. Warren was driving too fast on a wet road in rainy conditions and struck Abby’s car. Abby can sue Warren in criminal court.
a. True b. False
A 31. The 5th^ Amendment protects persons against self-incrimination, double jeopardy, and being charged with a capital offense except by grand jury indictment.
a. True b. False
C 32. Jeff picks up a piece of metal pipe and swings it around, hitting Gary across the back of the head. What factor would be required for Jeff’s employer to be liable to Gary?
a. Jeff was at the factory when it happened. b. Jeff voluntarily hit Gary. c. Jeff’s employer gave Jeff the pipe so that Jeff could specifically hit Gary. d. Gary cannot be an employee of the same company as Jeff.
A 33. Personal jurisdiction:
a. may be obtained by personally serving a person within a state if that person is domiciled there b. is also known as in rem jurisdiction c. is obtained by seizing the defendant's property d. may arise only through a party's consent
B 34. Possession of alcohol by a minor is a misdemeanor. This crime is distinguished from a felony based upon:
a. the rules of evidence. c. the burden of proof. b. the length and place of possible imprisonment. d. the type of intent.
B 35. Which amendment provides for the right of United States citizens to bear arms?
a. 1 st^ c. 3 rd b. 2 nd^ d. 5 th
B 36. Obscene speech is protected by the First Amendment.
a. True b. False
B 37. Becky and Bill live in North Carolina. They sue Gold Strike casino’s insurance company, an Illinois corporation, in federal court and ask for $150,000.00 in damages. Federal court has concurrent subject matter jurisdiction of this case because the dispute between Bill and Becky and the casino’s insurer involves federal question jurisdiction.
a. True b. False
E 38. Which of the following damages might be awarded to a plaintiff in a criminal prosecution where the defendant’s misconduct is characterized as gross, willful, wanton or reckless?
a. compensatory damages d. punitive damages b. special damages e. all of the above c. general damages
A 39. If Mississippi passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be invalid as an unreasonable restriction of free speech.
a. True b. False
C 40. Andrew, an attorney, has a case that was recently heard by the United States Court of Appeals (5 th^ Circuit). Andrew believes the case involves a significant issue of U.S. Constitutional law and would like to have the United States Supreme Court hear the case. One way by which the U.S. Supreme Court may review the case is by:
a. forum non conveniens c. writ of certiorari b. stare decisis d. none of the above
B 41. Extortion is the crime of offering money or property to a public official for the purpose of gaining favorable treatment by that official.
a. True b. False
B 42. In Anglo-Saxon society, men were put into groups of ten, known as a “tithing” and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships.
a. False b. True
C 43. When a judge orders a criminal defendant to reimburse the victim, it is called:
a. reimbursement. c. restitution. b. restraint. d. reformation.
B 44. If Sergeant Sessums, an Oxford police officer, stops Ted's car for a traffic offense, Sessums may search the passenger compartment of Ted's car without a warrant only if he observes in plain view evidence of drug paraphernalia in the car.
a. True b. False
B 45. For the purposes of procedural due process, includes certain entitlements conferred by government, such as social security payments and food stamps.
a. the right of free speech c. equal protection b. property d. liberty
B 46. Being convicted of a third D.U.I. within a five (5) year period in Mississippi is still a misdemeanor.
a. True b. False
C 47. The Bill of Rights refers to:
a. the inalienable rights found at the beginning of the Constitution b. a specific listing of individual rights found in the original text of the Constitution c. the first ten amendments to the Constitution d. a grouping of individual rights set forth by the United States Supreme Court shortly after the Constitution was ratified by the states
D 48. Fundamental rights include all EXCEPT the right to:
a. travel c. free speech b. vote d. drive
C 49. If the title of an appellate court case appears as Jones v. Smith :
a. Jones is the plaintiff and Smith is the defendant. b. Smith won the trial court decision. c. Smith is the appellee and Jones is the appellant. d. the trial judge was Jones and the appellate judge is Smith.
B 60. The Mississippi legislature passed a law imposing criminal penalties for displaying "indecent" material online where children could see it. A subsequent ruling by the U.S. Supreme Court that the statute conflicts with the First Amendment of the U.S. Constitution makes the statute unconstitutional every but inside Mississippi.
a. True b. False
A 61. The Board of Directors of Oliver Winery, Inc. met to consider whether the company would expand into the fortified wine market. Fortified wine is essentially a low cost, high sugar and higher alcohol wine, and it is expected to increase Oliver Winery’s sales and profits. In making this decision, the interests of Oliver Winery’s various stakeholders affected by this decision may conflict.
a. True b. False
E 62. Oliver Winery’s stakeholders would not include:
a. shareholders d. customers b. creditors e. competitors c. employees
A 63. Under Utilitarian ethics if a decision maximizes happiness in the most people it is ethical.
a. True b. False
B 64. _____________ is that body of law that involves offenses against the state.
a. Civil law c. Substantive law b. Criminal law d. Procedural law
D 65. Advantages of Alternative Dispute Resolution (ADR) include:
a. ADR is faster than litigation. b. ADR keeps the parties talking rather than fighting. c. ADR is less expensive than litigation. d. All of the above are advantages of ADR.
B 66. The correct standard of proof that the government in a criminal prosecution must meet is beyond a reasonable doubt unless the crime committed is a misdemeanor.
a. True b. False
B 67. A decision of the Supreme Court of Mississippi would always be binding on:
a. a federal district court in Mississippi c. the U.S. 5th^ Circuit Court of Appeals b. any circuit or chancery court in Mississippi d. a state trial court in Louisiana
B 68. In some situations, the same conduct that amounts to a crime may also be the basis for a civil lawsuit.
a. False b. True
D 69. Ethical fundamentalists base their decision upon what when evaluating the right decision?
a. Reasons for doing something c. Happiness in doing something b. Results of doing something d. The rules
B 70. The process of selecting a jury in a civil trial in federal court, but not state court, is called voir dire.
a. True b. False
C 71. Illegally obtained evidence is not permitted to be used at a criminal trial based upon the:
a. full disclosure doctrine c. exclusionary rule b. takings clause d. 8 th^ Amendment.
A 72. The Mississippi legislature passed a law that requires abortion clinics in the state to have a board certified obstetrician-gynecologist on staff who has admitting privileges to a local hospital. This law is:
a. a statute c. an ordinance b. an executive order d. an administrative rule
A 73. Charlie Sheen’s drug use and violent behavior:
a. were bad enough that to warrant CBS’s firing of him from a hit TV show. b. have no impact on his job as an actor. c. enhance his reputation as a “tough guy” and should be tolerated. d. are false accusations.
D 74. combined with an overt act amounts to a crime.
I. Criminal intent II. Mens Rea III. Actus Reus
a. I only d. I and II only b. II only e. I, II and III c. III only
A 75. Sid burned his own warehouse in an attempt to collect on a fire insurance policy. Sid has committed:
a. arson. b. larceny since he committed an act intended to wrongfully obtain money from his insurance company. c. a crime called "burning to defraud insurers" since the crime of arson only applies to property owned by another person. d. an intentional tort, but not a crime since a person has a right to destroy his own property.
