AAU BUS 230 Module 1, 2, 3 and 4 Quiz

Question Points1. A set of rules or standards that establish a framework for professional behavior and responsibilities within a company setting is called:a. A company’s constitution.b. A company’s bylaws.c. A company’s articles of incorporation.d. A company’s code of ethics.2. On what basis may a business or individual challenge an administrative regulation?a. Fairness.b. Timeliness.c. Reasonableness.d. Constitutionality.3. Personal jurisdiction refers to:a. A person’s right to bring a case before any court.b. A person’s ability to be treated fairly.c. A court’s authority over a person.d. A court’s authority over a case.4. An example for deciding future cases involving the same or similar facts is called a:a. Common law.b. Precedent.c. Statute.d. Writ of Certiorari5. “Litigation” refers to:a. a rule of law.b. a lawsuit.c. common law.d. none of the choices apply.6. Which of the following is a function of law?a. Settlement of disputes.b. Protection of the individual and society.c. Protection of property.d. All of the choices apply7. Stare decisis is advantageous because it provides:a. Longevity.b. Predictability.c. Decisiveness.d. Flexibility.8. Common law refers to:a. The unwritten law.b. The body of legal decisions made by English court judges, under the authority of the king over a period of many years.c. Case law.d. All of the choices apply9. In order for a court to hear a case, the court must have what type of jurisdiction:a. Personal jurisdiction.b. Subject matter jurisdiction.c. All of the choices apply.d. None of the choices apply.10. A court that can hear almost any case that comes before it has what type of jurisdiction:a. Special.b. General.c. Absolute.d. Great.11. Which of the following courts is likely to hear a breach of contract (civil) case for $500.00?a. A state trial court.b. A federal appeals court.c. A small claims court.d. A bankruptcy court.12. Laws passed by formal legislative bodies are called:a. Legislative rules.b. Legislative decisions.c. Statutes.d. None of the choices apply.13. Courts will look to which of the following when deciding a case:a. Statutes.b. Precedent.c. All of the choices apply.d. None of the choices apply.14. The fundamental written law of a state is called a(n):a. Constitution.b. Statute.c. Regulation.d. Ordinance.15. Which of the following is indicative of legal relief rather than equitable relief?a. Decided solely by a judge.b. Non-monetary damages.c. Specific performance of a contract.d. A jury judgment for monetary damages.16. Washington v. International Shoe Co., 326 U.S. 310 established which rule:a. Stare decisis.b. Court filing deadline.c. Minimum contacts.d. None of the choices apply.17. Statutes are laws passed by legislative bodies rather than by the courts.a. Trueb. False18. In order to bring a case in court, a person must have?a. Standing to sue.b. A frivolous case.c. A feeling that they have been treated unfairly.d. A lot of money.19. Which section of the U.S. Constitution created the U.S. Supreme Court?a. Article III (Section 1)b. Article II (Section 1)c. Article III (Section 2)d. Article II (Section 2)20. Which court has mainly appellate jurisdiction?a. U.S. Court of Appeal for the Second Circuit.b. U.S. Supreme Court.c. State Trial Court.d. None of the choices apply.______________________________________________________________Module 2Question Points1. Impaneling a jury means:a. dismissing a jury at the conclusion of the trial.b. exempting jurors from jury duty.c. selecting people to serve as jurors for a case set for trial.d. notifying jurors at their homes that they have been called to serve as jurors.2. Damages resulting from cyber torts are primarily reputational or economic.a. Trueb. False3. A grand jury determines the guilt or innocence of an accused person.a. Trueb. False4. Under the law, torts are classified as:a. nntentional, negligent, and criminal.b. criminal, intentional, and strict liability.c. intentional, negligent, and strict liability.d. criminal, negligent, and strict liability.5. Of the following, the one that is not a defense to a criminal action is:a. involuntary intoxication.b. duress.c. consent.d. justification.6. The questioning of a witness for the plaintiff by the attorney for the defendant is called:a. direct examination.b. cross-examination.c. indirect examination.d. redirect examination.7. In which of the following situations does a battery occur?a. Johnson is tackled during a college football game he is playing in and suffers an injury to his back.b. O’Grady is injured by a punch in the nose received by a boxing opponent during a boxing match.c. Biggs is hit in the head by a wild pitch and seriously injured while batting in a hardball game.d. Williams is deliberately tripped and seriously injured by an unfriendly movie patron trying to get ahead of Williams in the ticket line.8. Certain acts have been declared crimes by:a. a jury.b. a judge.c. the district attorney.d. the U.S. Congress and state legislatures.9. Of the following, the crime that would probably be considered a misdemeanor is:a. setting fire to a neighbor’s house.b. stealing a pack of diet soda.c. robbing a store at gunpoint.d. robbing a store at gunpoint.10. An example of a tort that is not intentional is:a. fraud.b. wrongful death.c. negligence.d. infliction of mental distress.11. The first papers served in a civil action are:a. the complaint and summons.b. a summons and answer.c. a complaint and answer.d. a deposition and subpoena.12. In most states the doctrine of comparative negligence has been replaced by the doctrine of contributory negligence.a. Trueb. False13. Which of the following acts is not a crime?a. Slander.b. Arson.c. Embezzlement.d. Shoplifting.14. Battery is any act that puts a person in fear of being physically harmed by another.a. Trueb. False15. Damages awarded as punishment for an intentional tort are called:a. punitive damages.b. Compensatory damages.c. Comparative damages.d. None of the choices apply.16. Johnson leaves her garbage in open containers, causing obnoxious odors in her neighborhood. This is an example of:a. nuisance.b. fraud.c. trespass.d. invasion of privacy.17. The terms “foreseeability” and “proximate cause” are associated with the tort of:a. conversion.b. trespass.c. slander.d. negligence.18. If a person feels that he or she has been injured by the actions of someone else, he or she may start a court action against that person to obtain relief by filing a:a. complaint.b. judgment.c. subpoena.d. summons.19. A petty offense is:a. punishable by a year in jail.b. one that results in a permanent criminal record.c. not considered a criminal act.d. none of the choices apply.20. A felony is:a. less serious than a misdemeanor.b. more serious than a violation, infraction, or petty offense.c. by law not a true crime.d. punishable by imprisonment in a local institution such as county jail for more than one year.______________________________________________________________________Module 3Module 3 Check Your UnderstandingQuestion Points1. An executory contract is one that has not been fully performed by one or all of the parties.a. Trueb. False2. The contracts of mentally ill persons not judged insane by the courts are:a. void.b. able to be disaffirmed during a period of normalcy.c. binding on the person’s guardian.d. all of the choices apply.3. Of the following, the one that does not terminate an offer is:a. a counteroffer.b. acceptance.c. the serious illness of the offeror.d. impossibility.4. An intoxicated person may avoid a contract on becoming sober:a. only if the other party had reason to know that the person was drunk and did not understand the consequences of the transaction.b. under any circumstances.c. only if he or she was slightly intoxicated.d. only if the contract is one for necessaries.5. Usury laws protect borrowers from paying excessively high interest rates.a. Trueb. False6. Brown offered to sell Wilson an air conditioner for $300. When Wilson said he needed time to think about the offer, Brown said that he would keep the offer open for five days. Which of the following statements is correct?a. Brown may not withdraw the offer until the end of the fifth day.b. Brown may withdraw the offer at any time before acceptance is made.c. Brown’s agreement to keep the offer open created an option to purchase the air conditioner.d. Brown may not withdraw his offer without Wilson’s consent.7. Minors are liable for the reasonable value of necessaries:a. actually furnished.b. that they agreed to purchase.c. that their parents agree to pay for.d. as determined by the merchant who sold the necessaries to the minor.8. An offer may be revoked even if it has been accepted.a. Trueb. False9. Courts sometimes apply the doctrine of promissory estoppel to enforce a promise. This doctrine:a. is grossly unfair.b. requires consideration to be applicable.c. sometimes allows enforcement of a promise even when an offeree gives no consideration for an offeror’s promise.d. is a popular legal remedy.10. A check is an example of a:a. contract implied in law.b. contract implied in fact.c. quasi contract.d. formal contract.11. Jennings found and returned Martin’s lost wallet. Martin promised to give Jennings a reward the next day after he cashed a check. Martin is not legally bound to pay a reward as he promised, because the consideration for the promise was:a. past.b. present.c. future.d. not legal.12. Knebel’s parents promised her $3,000 if she would not marry before age twenty-one. Knebel agreed. This agreement is:a. void.b. valid.c. unenforceable.d. illegal.13. Contracts made by minors are void.a. Trueb. False14. A good example of a modern statute law is:a. common law.b. the Uniform Commercial Code (UCC)c. the Uniform Quasi Contract Code (UQCC)d. judge-made law.15. An agreement is illegal and void if it violates:a. state usury statutes.b. state licensing statutes.c. state criminal statutes.d. all of the choices apply.16. A minor may ratify an agreement while still a minor.a. Trueb. False17. A contract implied in law is known as a(n):a. quasi contract.b. express contract.c. voidable contract.d. unilateral contract.18. A counteroffer:a. has no legal effect.b. is a valid acceptance.c. does not reverse the relationship of the parties.d. is a rejection of the original offer.19. A contract is a mere promise between two or more persons who have the capacity to contract.a. Trueb. False20. Forbearance is a promise to do something you are not legally required to do.a. Trueb. False_________________________________________________________________Module 4 Check Your UnderstandingQuestion Points1. When obligations under a contract are transferred, the delegating party is relieved of any further obligations under the contract.a. Trueb. False2. The key to determining whether a contract is enforceable under the one-year rule of the statute of frauds is the answer to the following question:a. is it possible to carry out the terms of the contract within one year of the date of the agreement?b. is it likely that the parties will carry out the terms of the contract within one year of the date of the agreement?c. is it reasonable to expect that the parties will carry out the terms of the contract within one year of the date of the agreement?d. do the parties wish to carry out the terms of the contract within one year from the date that the contract will actually begin?3. A written contract or memorandum must be signed by:a. both parties.b. either party.c. the party to be held liable.d. the party bringing suit.4. Which statement is correct regarding the transfer of contractual rights?a. The assignor acquires only such rights as the assignee has under the contract.b. The assignee acquires only such rights as the assignor has under the contract.c. The assignee acquires rights greater than the assignor has under the contract.d. The assignor acquires rights greater than the assignee has under the contract.5. The party to whom rights under a contract are transferred is called the obligor.a. Trueb. False6. If a contract is required to be in writing, an assignment of that contract must also be in writing.a. Trueb. False7. Miller said to Avid, a retail merchant, “Deliver this $1,500 computer to my nephew Ronald McDonald and send the bill to me.” Avid did as he was requested, but Miller refused to pay the bill, claiming that the nephew was really not interested in using the computer. Is Miller liable?a. Yes; an oral promise to pay one’s own debt is binding.b. Yes; an oral promise to pay the debt of another is binding.c. No; an oral promise to pay the debt of another is not binding.d. No; there was no consideration for the oral promise.8. Atad orally contracts to support his aunt until her death. In most states this contract is:a. unenforceable.b. illegal.c. valid.d. unconscionable.9. A delegation is:a. a transfer of contractual rights to a third party.b. a gift transferred to a third party in error.c. a transfer of duties by operation of law.d. none of the choices apply.10. The statute of frauds applies only to:a. executed contracts.b. executory contracts.c. informal contracts.d. hormal contracts.11. Another name for the assignor is the obligor.a. Trueb. False12. A contract to answer for the debt of another person is called a:a. contract of adhesion.b. prenuptial agreement.c. contract of guaranty.d. parol contract.13. A contract right that may not be assigned is the right to:a. collect money.b. an attorney’s services.c. the damages awarded for a breach of contract.d. receive standard merchandise.14. Nonpersonal rights may be transferred without permission.a. Trueb. False15. Under the provisions of the statute of frauds, one example of a contract that does not have to be in writing to be enforceable is a(n):a. promise to pay the debts of another living person.b. agreement for the transfer of ownership in real property.c. agreement to rent real property for one year or less.d. agreement for the sale of merchandise valued at $700.16. A contract is not assignable if:a. the assignment is not in writing.b. the assignment was made as security for a debt.c. the obligor fails to notify the assignee.d. none of the choices apply.17. An assignment involving real property:a. usually requires no special form.b. may be made orally.c. must be in writing.d. may be made orally or in writing.18. The parol evidence rule:a. serves the same purpose as the statute of frauds.b. applies if all dealings between the parties are oral.c. allows parties to introduce evidence to change the terms of a written contract.d. none of the choices apply.19. One example of a contract that must be in writing is a contract to:a. rent an apartment for six months.b. care for someone for the rest of her or his life.c. purchase a computer for $350.d. pay a friend’s debts.20. Which of the following statements is true?a. The assignee acquires the same rights as the assignor.b. The right to work for someone cannot be assigned without permission.c. An assignment usually requires no special form.d. All of the choices apply