1. The primary purpose of a mediator is to facilitate settlement of a dispute between the parties.
True
False
2. The two most common types of bankruptcy filed by business are a reorganization bankruptcy and a liquidating bankruptcy.
True
False
3. Section 402A of the Uniform Commercial Code governs the law of Strict Liability in a commercial setting.
True
False
4. Which of the following types of law are intended specifically to provide a system of compensation for injuries done by virtue of conduct deemed by the law to be inappropriate?
A) Substantive Law
B) Criminal Law
C) Procedural Law
D) Civil Law
5. The three primary theories of Product Liability are tortuous negligence, strict liability and contract warranty.
True
False
6. Burglary is the crime of stealing something from somebody.s house or building at night.
True
False
7. Litigation involving criminal law are typically initiated by legal counsel for the victim of the crime.
True
False
8. An automatic stay is in force upon filing of a bankruptcy and acts to stop a creditor from repossessing any collateral.
True
False
9. Courts represent the primary mechanism for the enforcement of law in the United States.
True
False
10. The concept of .observing corporate formalities. relates to failure to observe GAAP when reporting profit and loss to the Securities and Exchange Commission.
True
False
11. Baseball is specifically exempted from coverage under the Sherman Act, but not so with regard to Football.
True
False
12. Which of the following is not one of the general categories of torts?
A) Strict liability
C) Conversion
C) Negligence
D) Intentional.
13. The law of contracts in most states is entirely a matter of Common Law.
True
False
14. What differs in a defamation suit when the plaintiff is a public figure, as opposed to when the plaintiff is not a public figure?
A) The plaintiff need not prove actual injury to the reputation.-
B) The plaintiff can recover even when the statement is a mere opinion
C) The plaintiff must prove that the statement was made with malice
D) The plaintiff must prove that the statement was made in writing.
15. Laws of the United States are enforceable within foreign countries so long as United States companies or citizens are involved as one of the parties.
True
False
16. Any case in the United States may be automatically appealed directly to the United States Supreme Court if one of the litigants is unsatisfied with the outcome; the Supreme Court always has the final say in any litigation in the country.
True
False
17. C Corporations and S Corporations technically differ only with regard to the treatment of their net income with regard to sales taxation as administered by the International Revenue Service.
True
False
18. Which of the following terms pertains to the admission of evidence at a trial:
A) Eminent Domain
B) Full Faith and Credit
C) Probative Value
D) Revocation of Offer
19. Administrative Agencies often establish regulations pursuant to the legislative power delegated to the agencies by Congress.
True
False
20. When a jury is empanelled in a state appellate court, they must decide only the correct rule of law as applied to the facts already determined at the trial court level.
True
False
21. There is a single comprehensive court system in the United States, whereby all state and federal courts are administered and supervised by the Judicial Branch of the federal government.
True
False
22. Administrative Agencies often establish ordinances pursuant to the judicial power delegated to the agencies by Congress.
True
False
23. The elements required to create any contract are offer, acceptance, consideration and legality.
True
False
24. Which of the following sources of law does not come specifically from one of the three branches of the federal government?
A) Statutes
B) Regulations
C) Constitution
D) Common Law
25. In some instances, it is possible for an individual to go into and through a bankruptcy proceeding and still keep a home worth several million dollars.
True
False
26. The United States District Court System is divided into 13.circuits. with District Courts in each circuit covering trial court needs in all the states within the states that are a part of that circuit.
True
False
27. If a house is burning by virtue of the negligence of a defendant, and the plaintiff rushes back into the burning house after escaping in order to save priceless family heirlooms, the defendant is nonetheless liable for damages because he or she should have foreseen the possibility that such heirlooms needed to be
True
False
28. What does an offeree use to simply indicate that she is not interested in an offer?
A) Revocation
B) Rejection
C) Promissory estoppel
D) Option
29. Mens Rea and Actus Reus are both required to support a finding of criminal guilt.
True
False
30. Because they involve agreements between the United States and other countries, treaties are considered to be dominant over the Constitution, which controls all legal matters with the United States but is inapplicable outside of the United States.
True
False
31. A finding of an illegal monopoly pursuant to Section 1 of the Clayton Act requires overwhelming power, combination, and malice.
True
False
32. The Consolidated Omnibus Budget Reconciliation Act contains important provisions that protect workers in certain critical regards.
True
False
33. The initials 10K, 10Q, 13D and 8K represent business terms most closely associated with which of the following areas of law.
A) Securities Regulation
B) Antitrust
C) Employee Benefits
D) Federal Contracts
34. In a negligence claim, if a defendant fails to establish proximate cause, he or she might still be able to recover punitive damages against the plaintiff if it is established that malice is involved.
True
False
35. Adverse Possession relates to the crime of asserting control over the property of another by use of deception.
True
False
36. Proxy statements are provided to shareholders by a corporation before a shareholders. meeting or any other vote by shareholders on a corporate matter.
True
False
37. Justin is late to class one morning. As he rushes across campus, he pushes Brittany out of his path. She falls and breaks her wrist. Brittany can
A) Not sue Justin for assault because he actually touched her
B) Not sue Justin for assault because he did not intend to make her fall
C) Sue Justin for assault, but only if she can convince the prosecutor to file charges.
D) Sue Justin for battery because he deliberately pushed her.
38. Which of the following terms is used to describe ownership interests in real property?
A) Easement
B) Fee Simple Illusory
C) Periodic Tenancy for Years
D) Fee Simple
39. Criminal violations usually involve some conduct that is prohibited by the Constitution or by treaties which have been properly ratified by the United States Senate.
True
False
40. The meaning of the U.S. Constitution (together with its 37 Amendments) may vary significantly from state to state.
True
False
41. Disputes between two states are most commonly decided by the United States Circuit Court of Appeals in the circuit in which the two states are located.
True
False
42. It is not possible to commit the tort of assault without also committing the felony of battery.
True
False
43. An easement may be used to grant a person a right to use a road across the Personal Property of a tenant.
True
False
44. When you check into a hotel, you are receiving a license to use the property and the license must be in writing pursuant to the common law of contracts which forbids oral contracts.
True
False
45 Slander is more serious than libel because anything that is published in a magazine can reach into homes across the country.
True
False