NAU ACC 205 EXAMINATION TEST 2025/2026 QUESTIONS
AND ANSWERS GRADED A+
✔✔arbitrary mark - ✔✔trademarks or service marks that consist of a word or symbol
that has nothing to do with the products or services being offered
a real word, but the word is used such that there is no connection to the meaning
✔✔arbitration - ✔✔Most formal of the ADR
The parties submit their dispute to a neutral party for an actual resolution. There is a
decision
A super informal trial, but not a real trial
Arbitrator listens to both sides present their cases and decides who wins
A court can order arbitration
✔✔beyond a reasonable doubt - ✔✔criminal case burden of proof
need to be about 99% positive
ex: Arthur is arrested for the crime of murder. Arthur denies that he committed the crime
and is planning a vigorous defense. The state will be required to show evidence to
prove its case:
beyond a reasonable doubt.
✔✔Bona Fide Occupational Qualification (BFOQ) - ✔✔A defense to charges of illegal
discrimination that the discrimination was required for legitimate, job-related reasons.
can be gender, age, but NEVER race
requires an employer to show a particular gender or age is necessary for the
performance of a particular job (NEVER based on race)
Used in cases of disparate treatment discrimination
Ex: requiring female dressing room attending for a woman's clothing store; age limits for
pilots
Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed,
who is a Muslim, applies for the job. The church declines to hire him and continues to
look for other applicants. If Mohammed files a claim of illegal discrimination against the
church, the church:
may assert a bona fide occupational qualification (BFOQ) defense.
✔✔bribery - ✔✔the offering, giving, soliciting, or receiving of money of any object of
value for the purpose of influencing the judgement or conduct of a person in a position
of trust
*moment you offer the bribe it's a crime
offering to give someone a benefit in an attempt to influence
Foreign Corrupt Practices Act
Prohibition against bribery of foreign officials. But FCPA does allow "grease" payments
to minor officials
CAN make grease payments, but MUST include in financial books
But NOT substantive (large sums)
,the offering, giving, soliciting, or receiving of money of any object of value for the
purpose of influencing the judgement or conduct of a person in a position of trust
*moment you offer the bribe it's a crime
ex: Glenn gives Senator Smith $100,000 so that Senator Smith will make sure the
federal government buys all its paper clips from Glenn's company. Glenn has:
Committed the crime of bribery
✔✔business necessity - ✔✔Requires employer to demonstrate a job qualification is
reasonably necessary to the legitimate conduct of the employer's business
Business necessity is a defence to disparate impact discrimination
Ex: requiring a HS diploma
A defense to charges of illegal discrimination, that the discrimination should be allowed
so that the business may operate normally and within the bounds of societal
expectations. Race is not allowed in this defense.
✔✔capacity - ✔✔Contractual Capacity: legal ability to enter into binding K
mental ability to understand the rights and obligations established by contract, with the
presumptive ability to understand how to comply with the terms of the agreement
18+yrs
lack capacity
- Adjudicated (court ordered) insane
- Those adjudicated habitually intoxicated (alcoholic)
- Those with appointed legal guardians
contracts made with incapacitated persons is VOID
Limited capacity
- Minors
Mental incapacity(incompetence): some sort of mental or physical defect that prevents a
natural person from being able to enter into a legally binding contract
Intoxicated people: contracts voidable in most states
VOIDABLE
a person must have contractual capacity to be a principal, but any person can be an
agent.
✔✔certification mark - ✔✔used to put a level of confidence in a product
a mark used one or more persons to certify the regional origin, quality, or accuracy of a
good or service.
✔✔Centiorari - ✔✔review, Supreme Court doesn't have to accept cases, to deny means
they will not grant review
Which of the following does the Supreme Court have to issue before it hears a case?
A writ of certiorari
✔✔checks and balances - ✔✔A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
ex: Congress passes legislation that requires all people to have health insurance or pay
fines to the government. The president analyzes the legislation and signs it. Several
, different individuals challenge the law as unconstitutional and the United States
Supreme Court agrees to hear the case. After the hearing, the justices declare that the
law is constitutional. This is an example of:
The system of checks and balances
✔✔COBRA - ✔✔purchase medical coverage through company at reduced rate
- Cannot claim if fired for gross misconduct
✔✔collective mark - ✔✔a mark used by members of an association or labor union to
certify the region, materials, mode of manufacturer, quality, or accuracy of the goods or
services
✔✔comity - ✔✔Voluntary courtesy; respect
One nation will defer and give effect to the laws and judicial decrees of another country,
as long as those laws and judicial decrees are consistent w/ the law and public policy of
the accommodating nation
>legal reciprocity
ex: Amy owes child support in AZ. She moves to Canada. AZ can ask Canada to
"make" her pay
Because of the principle of comity
Comity means:
that one nation will show deference for the laws and decrees of another nation
✔✔compensatory damages - ✔✔Economic: fixing the car, medical, exc..
Noneconomic: pain and suffering
damages designed to put the plaintiff in the position he would have been in K had been
performed
what's in the contract, damages caused by the actual breach
The standard measure of compensatory damages can be stated as:
the difference between the promised performance and the actual performance
✔✔condemnation - ✔✔(expropriation) gov acquires ownership of private property for
"public use" for "just compensation" over the protest of the property owner
the process of taking private property for public use through the gov's power of eminent
domain
ex: The city of Orlando has offered to purchase Neil's land to be used for the expansion
of a thoroughfare through the city. Neil has rejected the city's offer so the city will now
proceed with a judicial action to take Neil's land, known as:
condemnation
✔✔consideration - ✔✔bargained for exchange
Something of value, given in exchange for something else of value, that is the product
of a mutually bargained for exchange
for a promise to be legally enforced by the courts, there generally must be consideration
on both sides of the agreement
AND ANSWERS GRADED A+
✔✔arbitrary mark - ✔✔trademarks or service marks that consist of a word or symbol
that has nothing to do with the products or services being offered
a real word, but the word is used such that there is no connection to the meaning
✔✔arbitration - ✔✔Most formal of the ADR
The parties submit their dispute to a neutral party for an actual resolution. There is a
decision
A super informal trial, but not a real trial
Arbitrator listens to both sides present their cases and decides who wins
A court can order arbitration
✔✔beyond a reasonable doubt - ✔✔criminal case burden of proof
need to be about 99% positive
ex: Arthur is arrested for the crime of murder. Arthur denies that he committed the crime
and is planning a vigorous defense. The state will be required to show evidence to
prove its case:
beyond a reasonable doubt.
✔✔Bona Fide Occupational Qualification (BFOQ) - ✔✔A defense to charges of illegal
discrimination that the discrimination was required for legitimate, job-related reasons.
can be gender, age, but NEVER race
requires an employer to show a particular gender or age is necessary for the
performance of a particular job (NEVER based on race)
Used in cases of disparate treatment discrimination
Ex: requiring female dressing room attending for a woman's clothing store; age limits for
pilots
Eastminster Presbyterian Church has an opening for a new head pastor. Mohammed,
who is a Muslim, applies for the job. The church declines to hire him and continues to
look for other applicants. If Mohammed files a claim of illegal discrimination against the
church, the church:
may assert a bona fide occupational qualification (BFOQ) defense.
✔✔bribery - ✔✔the offering, giving, soliciting, or receiving of money of any object of
value for the purpose of influencing the judgement or conduct of a person in a position
of trust
*moment you offer the bribe it's a crime
offering to give someone a benefit in an attempt to influence
Foreign Corrupt Practices Act
Prohibition against bribery of foreign officials. But FCPA does allow "grease" payments
to minor officials
CAN make grease payments, but MUST include in financial books
But NOT substantive (large sums)
,the offering, giving, soliciting, or receiving of money of any object of value for the
purpose of influencing the judgement or conduct of a person in a position of trust
*moment you offer the bribe it's a crime
ex: Glenn gives Senator Smith $100,000 so that Senator Smith will make sure the
federal government buys all its paper clips from Glenn's company. Glenn has:
Committed the crime of bribery
✔✔business necessity - ✔✔Requires employer to demonstrate a job qualification is
reasonably necessary to the legitimate conduct of the employer's business
Business necessity is a defence to disparate impact discrimination
Ex: requiring a HS diploma
A defense to charges of illegal discrimination, that the discrimination should be allowed
so that the business may operate normally and within the bounds of societal
expectations. Race is not allowed in this defense.
✔✔capacity - ✔✔Contractual Capacity: legal ability to enter into binding K
mental ability to understand the rights and obligations established by contract, with the
presumptive ability to understand how to comply with the terms of the agreement
18+yrs
lack capacity
- Adjudicated (court ordered) insane
- Those adjudicated habitually intoxicated (alcoholic)
- Those with appointed legal guardians
contracts made with incapacitated persons is VOID
Limited capacity
- Minors
Mental incapacity(incompetence): some sort of mental or physical defect that prevents a
natural person from being able to enter into a legally binding contract
Intoxicated people: contracts voidable in most states
VOIDABLE
a person must have contractual capacity to be a principal, but any person can be an
agent.
✔✔certification mark - ✔✔used to put a level of confidence in a product
a mark used one or more persons to certify the regional origin, quality, or accuracy of a
good or service.
✔✔Centiorari - ✔✔review, Supreme Court doesn't have to accept cases, to deny means
they will not grant review
Which of the following does the Supreme Court have to issue before it hears a case?
A writ of certiorari
✔✔checks and balances - ✔✔A system that allows each branch of government to limit
the powers of the other branches in order to prevent abuse of power
ex: Congress passes legislation that requires all people to have health insurance or pay
fines to the government. The president analyzes the legislation and signs it. Several
, different individuals challenge the law as unconstitutional and the United States
Supreme Court agrees to hear the case. After the hearing, the justices declare that the
law is constitutional. This is an example of:
The system of checks and balances
✔✔COBRA - ✔✔purchase medical coverage through company at reduced rate
- Cannot claim if fired for gross misconduct
✔✔collective mark - ✔✔a mark used by members of an association or labor union to
certify the region, materials, mode of manufacturer, quality, or accuracy of the goods or
services
✔✔comity - ✔✔Voluntary courtesy; respect
One nation will defer and give effect to the laws and judicial decrees of another country,
as long as those laws and judicial decrees are consistent w/ the law and public policy of
the accommodating nation
>legal reciprocity
ex: Amy owes child support in AZ. She moves to Canada. AZ can ask Canada to
"make" her pay
Because of the principle of comity
Comity means:
that one nation will show deference for the laws and decrees of another nation
✔✔compensatory damages - ✔✔Economic: fixing the car, medical, exc..
Noneconomic: pain and suffering
damages designed to put the plaintiff in the position he would have been in K had been
performed
what's in the contract, damages caused by the actual breach
The standard measure of compensatory damages can be stated as:
the difference between the promised performance and the actual performance
✔✔condemnation - ✔✔(expropriation) gov acquires ownership of private property for
"public use" for "just compensation" over the protest of the property owner
the process of taking private property for public use through the gov's power of eminent
domain
ex: The city of Orlando has offered to purchase Neil's land to be used for the expansion
of a thoroughfare through the city. Neil has rejected the city's offer so the city will now
proceed with a judicial action to take Neil's land, known as:
condemnation
✔✔consideration - ✔✔bargained for exchange
Something of value, given in exchange for something else of value, that is the product
of a mutually bargained for exchange
for a promise to be legally enforced by the courts, there generally must be consideration
on both sides of the agreement
