Deck 16: Concepts in Law

Question 1

The lawyers opening statements are not evidence,but the closing arguments are evidence.

Answer 1

False

Question 2

An offeror may revoke an offer after it has been made to the offeree.

Answer 2

True

Question 3

The U.S.Supreme Court takes a significant portion of the petitions for certiorari that are filed each year.

Answer 3

False

Question 4

Good Samaritan laws protect ordinary citizens who have CPR training and who render emergency aid.

Question 5

Common law was originally developed by the Napoleonic Code.

Question 6

The U.S.Supreme Court was created by the first U.S.Congress.

Question 7

Because of the reasonable person standard applied in negligence law,an alcoholic defendant in a negligence case would be held the reasonable alcoholic standard.

Question 8

Amending the Constitution is an extremely difficult thing to do.

Question 9

Assault is the unauthorized and harmful or offensive physical contact with another person.

Question 10

Stare Decisis forms the basis of codifying the law.

Question 11

The philosophy of the law is referred to as jurisprudence.

Question 12

Misdemeanors are less serious crimes than felonies.

Question 13

Money laundering is a crime that involves taking the proceeds of illegal activities and washing it by passing it through a legitimate business.

Question 14

A statute of limitations sets a time period in which the plaintiff has to get a suit to trial.

Question 15

In order to be able to bring a lawsuit,the plaintiff must have standing to sue.

Question 16

A counteroffer is also a rejection.

Question 17

The Bill of Rights refers to the 26 amendments of the U.S.Constitution.

Question 18

The Supremacy Clause establishes that the federal Constitution and corresponding federal laws are the supreme law of the land.

Question 19

A motion for judgment on the pleadings is based only on the pleadings.

Question 20

Most modern forms of burglary include threatening the victim with force,in addition to using force on the victim.

Question 21

Once filed,a financing statement is effective for the duration of the loan.

Question 22

An inter vivos trust can be changed at the decision of the settlor.

Question 23

Adoption terminates the legal rights of the biological parents.

Question 24

The advantage of secured credit is the creditor's right to repossess the collateral.

Question 25

When a couple has a common law marriage,they must still get a divorce in order to end their relationship.

Question 26

Someone who is an employee-at-will cannot sue for wrongful discharge.

Question 27

If it is in the child's best interest,a court has the authority to award custody to neither of the divorcing parents.

Question 28

A limited liability partnership (LLP)can exist without having a general partner.

Question 29

A sole proprietorship is the simplest form of business organization.

Question 30

A codicil must be executed in the same manner as a will.

Question 31

A nuncupative will must include the testator's signature.

Question 32

Real estate can be either tangible or intangible.

Question 33

A cooperative is a form of co-ownership in a multiple-dwelling building in which a corporation owns the building and the residents own shares in the corporation.

Question 34

In an undisclosed agency,the agent is not liable to the third party with whom the agent has transacted business.

Question 35

General partners are personally liable for the debts and obligations of the partnership.

Question 36

Intended third-party beneficiaries have contract rights even though they were not contracting parties.

Question 37

Unless the creditor has possession of the collateral,there must be a written security agreement.

Question 38

Copyright protection lasts for the life of the author.

Question 39

The principal's action's,and not the agent's,are those that bind the principal in an apparent agency.

Question 40

The owner of a life estate that is measured by the life tenant's life may pass the life estate on in his or her will.

Question 41

Federal environmental protection law prohibits businesses from polluting the air and water.

Question 42

The type of pre-trial motion that must be supported by specific evidence is a motion for:

A)Judgment on the pleadings.
B)Judgment notwithstanding the verdict.
C)Summary judgment.
D)Appeal.

Question 43

To prove a case of false and deceptive advertising,the FTC needs to prove that consumers were deceived by the ad in question.

Question 44

A statute of limitations begins to "run" when:

A)The plaintiff has the right to sue the defendant.
B)The defendant has the right to respond to the plaintiff.
C)The plaintiff has the right to collect a judgment.
D)The defendant has the right to appeal.

Question 45

The Consumer Product Safety Commission is private,nonprofit organization.

Question 46

The Anticybersquatting Consumer Protection Act prohibits one from selling an Internet domain name.

Question 47

Insider trading occurs when anyone buys or sells stock based nonpublic information.

Question 48

The U.S.Constitution created how many branches of government?

A)One
B)Two
C)Three
D)Four

Question 49

An appellate court does not:

A)Review the record.
B)Let the lawyers speak.
C)Hear the evidence.
D)Make legal decisions.

Question 50

A long-arm statute is about:

A)Subject-matter jurisdiction.
B)In personam jurisdiction.
C)Venue jurisdiction.
D)Concurrent jurisdiction.

Question 51

Common law owes its origination to:

A)America.
B)England.
C)France.
D)Germany.

Question 52

U.S.district courts are courts of:

A)Limited jurisdiction.
B)State jurisdiction.
C)Exclusive jurisdiction.
D)General jurisdiction.

Question 53

Adhering to judicial precedent is known as:

A)Res ipsa loquitur.
B)Caveat emptor.
C)Stare decisis.
D)Quid pro quo.

Question 54

"Cola" is eligible for trademark protection.

Question 55

States don't have any securities laws.

Question 56

The most common form of alternative dispute resolution in commercial disputes is:

A)Arbitration.
B)Conciliation.
C)Mediation.
D)Private judging.

Question 57

The Superfund legislation provides that the owner of property that contains hazardous waste can be liable for the costs of clean up,even if the owner wasn't at fault in disposing of the waste.

Question 58

The Food and Drug Administration has authority over products like eye shadow and lipstick.

Question 59

Common stock qualifies as a security under the SEC's definition,but preferred stock does not.

Question 60

The document that directs the defendant to appear in court and answer the complaint is the:

A)Complaint.
B)Summons.
C)Answer.
D)Cross-claim.

Question 61

The claim a partner in a heterosexual,unmarried cohabitating couple might make in the financial interests of the other partner has come to be called:

A)Alimony.
B)Palimony.
C)Baloney.
D)Cohabitation agreement.

Question 62

A woman whose engagement is ended takes off her engagement ring and throws it in the trashcan in her office,whereupon the custodian finds it that night while cleaning the empty office building.The diamond ring is:

A)Mislaid.
B)Lost.
C)Abandoned.
D)Fake.

Question 63

Which of the following couples would be allowed to marry?

A)Two siblings.
B)Two people under the age of 18.
C)Two people who are legally separated from their present spouses.
D)Three people.

Question 64

The Constitutional Amendment that protects against self-incrimination is the:

A)Fifth.
B)Fourth.
C)Second.
D)First.

Question 65

Arbitration occurs due to:

A)Arbitration clauses that precede any conflict.
B)Submission agreements that follow the conflict.
C)Both of the above.
D)None of the above.

Question 66

The following methods can revoke at least part of a will:

A)A subsequent will.
B)A divorce.
C)None of the above.
D)Both of the above.

Question 67

The Federal Antiterrorism Act of 2001:

A)Allows the federal government to detain noncitizens for a limited period of time without charging them.
B)Allows the federal government to detain noncitizens for an unlimited period of time without charging them
C)Prohibits the CIA from having access to specific geographical search warrants.
D)Prohibits the CIA from having access to information that is in possession of the FBI.

Question 68

A pattern of racketeering activity involves committing how many acts within a ten-year period?

A)One
B)Two
C)Three
D)Five

Question 69

The following type of speech is unprotected by the First Amendment:

A)Fighting words.
B)Obscene speech.
C)None of the above.
D)Both of the above.

Question 70

If a defendant attempts intends to injure A but misses and injures B,the defendant is liable because of:

A)Respondeat Superior.
B)Actual malice.
C)Last clear chance.
D)Transferred intent.

Question 71

The document used to convey real property by sale or gift is a:

A)Warranty.
B)Deed.
C)Title.
D)Contract.

Question 72

Federal administrative agencies have all of the following types of powers except:

A)Legislative powers
B)Executive powers.
C)Independent powers.
D)Judicial powers.

Question 73

If someone waiting for a taxi after being in an accident caused by the defendant's negligence is then hit on the head by something falling off of an airplane,the defendant's defense would be:

A)Superseding cause.
B)Assumption of risk.
C)Last clear chance.
D)Comparative negligence.

Question 74

Contracts to engage in illegal activity are.

A)Void.
B)Voidable.
C)Executory.
D)Executed.

Question 75

The following type of property is considered separate property for divorce purposes:

A)The house owned by the spouses.
B)The pension plan of the spouse with the higher income.
C)Income earned by each spouse during the marriage.
D)Inheritances received by each spouse.

Question 76

The type of landlord-tenant relationship that occurs when a tenant stays beyond that which is allowed according to the parties' agreement is a:

A)Tenancy for years.
B)Periodic tenancy.
C)Tenancy at will.
D)Tenancy at sufferance.

Question 77

The following is an example of fully protected speech:

A)Commercial speech.
B)Political speech.
C)Defamatory speech.
D)Offensive speech.

Question 78

The following is not an element to a negligence action:

A)A duty of care.
B)Negligent conduct
C)Intent.
D)Causation.

Question 79

Article 2 of the UCC applies to:

A)Sales of at least $500.
B)All sales of goods.
C)All sales of services.
D)All leases.

Question 80

The following is not one of the requirements of an effective offer:

A)The offer must be accepted according to the mirror-image rule.
B)The offer must be seriously intended.
C)The terms must be definite or reasonably certain.
D)The offer must be made to the offeree.