GENB 4350 Test Questions with Correct Answers 100% Pass
According to the Tenth Amendment to the Constitution, all powers that the Constitution neither gives
exclusively to the federal government nor takes from the states are reserved for the federal
government. - Answers False
The constitutional amendments are a limit on actions of the government and the behavior of private
employers. - Answers False
The _____ clause prohibits states from discriminating against citizens of other states when nonresidents
engage in ordinary and essential activities. - Answers Privileges and immunities clause
The _____ restricts the states' authority to pass laws that substantially affect business between states. -
Answers Dormant commerce clause
The _____ clause in the First Amendment of the U.S. Constitution protects citizens' choice of religion. -
Answers Establishment
Which clause states that any state or local law that directly conflicts with the U.S. Constitution or federal
laws or treaties is void? - Answers Supremacy clause
In areas where the state and federal governments have concurrent authority, the federal government
can decide to regulate that area exclusively. In such a situation, according to the doctrine of _____, the
state law is unconstitutional. - Answers Federal preemption
The contract clause in the Constitution prohibits the government from unreasonably interfering with an
existing contract. - Answers True
The Fifth Amendment to the US Constitution protects citizens against: - Answers Double jeopardy
Which of the following is not generally included in the rights protected in the Constitution under
substantive due process? - Answers The right to a jury trial
Which of the following is true of the Fourth Amendment to the Bill of Rights? - Answers It protects
citizens from unreasonable search and seizure
Which clause requires that courts in all states uphold contracts and public acts established in other
states? - Answers Full faith and credit clause
Procedural due process refers to the basic fairness of laws that may deprive an individual of their life,
liberty, or property. - Answers False
If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme
involves suspect classifications, the action will be subject to strict scrutiny. - Answers True
_____ is the court's power to review laws to determine whether they are constitutional. - Answers
Judicial review
,The rights that are read to an arrested individual by a law enforcement agent before the individual is
question are known as _____. - Answers Miranda rights
In a criminal case, the burden of persuasion is lower than in a civil case. - Answers False
To prove _____ in a criminal case, the government must prove that the defendant acted with the state
of mind required by the law defining the relevant offense. - Answers mens rea
Proving _____ requires the government to demonstrate that the defendant's behavior resulted in a
prohibited act or consequence. - Answers actus reus
What two elements must the government demonstrate to punish an individual for criminal behavior? -
Answers Actus reus and mens rea
_____ is the wrongful conversion of another's funds by one who is lawfully in possession of those funds.
- Answers Embezzlement
Who files the charges against the defendant in a criminal proceeding? - Answers The government
In a criminal trial, society is seen as the victim whereas in a civil trial, there is an individual victim or
victims. - Answers True
The responsibility imposed on a person for damages caused by another is known as: - Answers Vicarious
liability
The crime of _____ occurs when a person obtains money, property, and/or services from another by
wrongfully threatening or inflicting harm on the other person. - Answers Extortion
White-collar offenses are punishable only through incarceration or restitution. - Answers False
Which act criminalizes specific nonaudit services when provided by a registered accounting firm to an
audit client? - Answers The Sarbanes-Oxley Act
In a civil case, the government, referred to as the prosecutor, always brings the case. - Answers False
The advantage of a nolo contendere plea over a guilty plea is that the former cannot be used against the
defendant in a civil suit. - Answers True
When a judge is the fact finder in a case, the trial is called a _____ trial. - Answers Bench
In a negligence action, a measurement of a person's duty of care is the_____. - Answers Reasonable
person standard
Misrepresentation made with the intent to facilitate personal gain and with knowledge that it is false is
known as _____. - Answers Fraudulent misrepresentation
Placing an object on another's land without seeking the owner's permission is an instance of _____. -
Answers Trespass to realty
, A defense whereby the defendant is not liable for the percentage of harm that he or she can prove is
due to the plaintiff's own negligence is known as _____. - Answers Comparative negligence
A business tort that occurs when false spoken statements criticize a business product and result in a loss
of sales is known as: - Answers Slander of quality
A negligent tort occurs when the defendant: - Answers Acts in a way that subjects other people to an
unreasonable risk of harm
What doctrine does the plaintiff use to allow the judge to infer that the defendant's negligence was the
cause of the plaintiff's harm? - Answers Res ipsa loquitur
Proximate cause is the determination that the defendant's breach of duty resulted directly in the
plaintiff's injury. - Answers False
Which of the following refers to conversion in the context of intentional torts against property? -
Answers A tort that permanently interferes with another's use and enjoyment of his or her personal
property
Under the theory of strict liability, a person is responsible for damages, regardless of the existence of
negligence. - Answers True
Which of the following is an example of defamation made orally? - Answers Slander
Compensatory damages are typically awarded for pain and suffering, and lost wages. - Answers True
A private nuisance occurs when a person permanently removes personal property from the owner's
possession and control. - Answers False
Which of the following is true of nominal damages? - Answers The purpose is to recognize that the
defendant committed a tort against the plaintiff
The primary objective of tort law is to punish wrongdoers and preserve order in the society. - Answers
False
A license is: - Answers A right to use another's property that is both temporary and revocable
Which of the following is not a necessary element for a valid gift? - Answers Title
A patent is a process, product, method of operation, or compilation of information that gives a
businessperson an advantage over his or her competitors. - Answers False
The legal process by which a transfer of property is made against the protest of the property owner is
known as _____. - Answers Condemnation
A trademark used intrastate is protected under state common law. - Answers True
According to the Tenth Amendment to the Constitution, all powers that the Constitution neither gives
exclusively to the federal government nor takes from the states are reserved for the federal
government. - Answers False
The constitutional amendments are a limit on actions of the government and the behavior of private
employers. - Answers False
The _____ clause prohibits states from discriminating against citizens of other states when nonresidents
engage in ordinary and essential activities. - Answers Privileges and immunities clause
The _____ restricts the states' authority to pass laws that substantially affect business between states. -
Answers Dormant commerce clause
The _____ clause in the First Amendment of the U.S. Constitution protects citizens' choice of religion. -
Answers Establishment
Which clause states that any state or local law that directly conflicts with the U.S. Constitution or federal
laws or treaties is void? - Answers Supremacy clause
In areas where the state and federal governments have concurrent authority, the federal government
can decide to regulate that area exclusively. In such a situation, according to the doctrine of _____, the
state law is unconstitutional. - Answers Federal preemption
The contract clause in the Constitution prohibits the government from unreasonably interfering with an
existing contract. - Answers True
The Fifth Amendment to the US Constitution protects citizens against: - Answers Double jeopardy
Which of the following is not generally included in the rights protected in the Constitution under
substantive due process? - Answers The right to a jury trial
Which of the following is true of the Fourth Amendment to the Bill of Rights? - Answers It protects
citizens from unreasonable search and seizure
Which clause requires that courts in all states uphold contracts and public acts established in other
states? - Answers Full faith and credit clause
Procedural due process refers to the basic fairness of laws that may deprive an individual of their life,
liberty, or property. - Answers False
If a law prevents individuals from exercising a fundamental right, or if the law's classification scheme
involves suspect classifications, the action will be subject to strict scrutiny. - Answers True
_____ is the court's power to review laws to determine whether they are constitutional. - Answers
Judicial review
,The rights that are read to an arrested individual by a law enforcement agent before the individual is
question are known as _____. - Answers Miranda rights
In a criminal case, the burden of persuasion is lower than in a civil case. - Answers False
To prove _____ in a criminal case, the government must prove that the defendant acted with the state
of mind required by the law defining the relevant offense. - Answers mens rea
Proving _____ requires the government to demonstrate that the defendant's behavior resulted in a
prohibited act or consequence. - Answers actus reus
What two elements must the government demonstrate to punish an individual for criminal behavior? -
Answers Actus reus and mens rea
_____ is the wrongful conversion of another's funds by one who is lawfully in possession of those funds.
- Answers Embezzlement
Who files the charges against the defendant in a criminal proceeding? - Answers The government
In a criminal trial, society is seen as the victim whereas in a civil trial, there is an individual victim or
victims. - Answers True
The responsibility imposed on a person for damages caused by another is known as: - Answers Vicarious
liability
The crime of _____ occurs when a person obtains money, property, and/or services from another by
wrongfully threatening or inflicting harm on the other person. - Answers Extortion
White-collar offenses are punishable only through incarceration or restitution. - Answers False
Which act criminalizes specific nonaudit services when provided by a registered accounting firm to an
audit client? - Answers The Sarbanes-Oxley Act
In a civil case, the government, referred to as the prosecutor, always brings the case. - Answers False
The advantage of a nolo contendere plea over a guilty plea is that the former cannot be used against the
defendant in a civil suit. - Answers True
When a judge is the fact finder in a case, the trial is called a _____ trial. - Answers Bench
In a negligence action, a measurement of a person's duty of care is the_____. - Answers Reasonable
person standard
Misrepresentation made with the intent to facilitate personal gain and with knowledge that it is false is
known as _____. - Answers Fraudulent misrepresentation
Placing an object on another's land without seeking the owner's permission is an instance of _____. -
Answers Trespass to realty
, A defense whereby the defendant is not liable for the percentage of harm that he or she can prove is
due to the plaintiff's own negligence is known as _____. - Answers Comparative negligence
A business tort that occurs when false spoken statements criticize a business product and result in a loss
of sales is known as: - Answers Slander of quality
A negligent tort occurs when the defendant: - Answers Acts in a way that subjects other people to an
unreasonable risk of harm
What doctrine does the plaintiff use to allow the judge to infer that the defendant's negligence was the
cause of the plaintiff's harm? - Answers Res ipsa loquitur
Proximate cause is the determination that the defendant's breach of duty resulted directly in the
plaintiff's injury. - Answers False
Which of the following refers to conversion in the context of intentional torts against property? -
Answers A tort that permanently interferes with another's use and enjoyment of his or her personal
property
Under the theory of strict liability, a person is responsible for damages, regardless of the existence of
negligence. - Answers True
Which of the following is an example of defamation made orally? - Answers Slander
Compensatory damages are typically awarded for pain and suffering, and lost wages. - Answers True
A private nuisance occurs when a person permanently removes personal property from the owner's
possession and control. - Answers False
Which of the following is true of nominal damages? - Answers The purpose is to recognize that the
defendant committed a tort against the plaintiff
The primary objective of tort law is to punish wrongdoers and preserve order in the society. - Answers
False
A license is: - Answers A right to use another's property that is both temporary and revocable
Which of the following is not a necessary element for a valid gift? - Answers Title
A patent is a process, product, method of operation, or compilation of information that gives a
businessperson an advantage over his or her competitors. - Answers False
The legal process by which a transfer of property is made against the protest of the property owner is
known as _____. - Answers Condemnation
A trademark used intrastate is protected under state common law. - Answers True
