Business Law Midterm: Multiple choice
Which of the following is not a primary function of law?
a). maintain ability in the social, political function of law
b). protect ownership of private property
c). insure to all a minimum living
d). preservation of the state - ANS -c
while the principle of stare decisis provides that courts will follow their precedents in making
subsequent decisions, nevertheless a court may decline to follow its precedents:
a). to correct an erroneous decision
b). to choose among conflicting precedents
c). in recognition of the fact that the needs of society change over time
d). all of the above - ANS -d
what is not true of an action brought under criminal law?
a). it involves a wrongful act
b). criminal guilt must be proven beyond a reasonable doubt
c). it must be brought by the government
d). the main purpose of the suit is to require payment of money damages to the victim - ANS -d
the highest source of law in the United States is
a). an executive order of the President
b). an interstate compact
c). the federal Constitution
d). the state constitutions - ANS -c
which of the following statements is correct?
a). law and morality are the same
b). if something is legal, it is moral
c). the law is strongly affected by moral concepts
d). all of the above are correct - ANS -c
generally, a crime consists of which of the following?
a). a wrongful or overt act
, b). the requisite criminal intent
c). both a and b
d). none of the above - ANS -c
how are crimes distinguished from other forms of unlawful conduct?
a). they are prosecuted by the victims
b). they result in payment of damages to the victim
c). they are offenses against all of society and are punished by a find and/or imprisonment
d). all of the above - ANS -c
which of the following is not required in the commission of an intentional tort?
a). a duty owed
b). a breach of the duty
c). injury or damage to another
d). all of the above are required - ANS -d
the standard of care applicable to a child is that of:
a). the reasonable person
b). a reasonable person who is incapable of exercising the judgement of an adult
c). a reasonable person of like age, intelligence and experience
d). a reasonable person who has a mental disability - ANS -c
a plaintiff who sues under res loquitur must show that
a). an event occurred which would not normally occur in the absence of negligence
b). the defendant intended to cause the harm suffered by the plaintiff
c). other possible causes have been eliminated by the evidence
d). none of the above - ANS -a
an executed contract is one in which:
a). all duties under it have been performed by all parties to the contract
b). at least one party has performed all of its duties under the contract
c). there are one or more unperformed promises by any party to the contract
d). the contract is wholly unperformed by one ore more of the parties - ANS -a
kay, an art collector, promised hammer, an art student that if hammer could obtain certain rare
artifacts within two weeks, kay would pay for hammer's post-graduate education. At
considerable effort and expense, hammer obtained the specified artifacts within the two-week
period. When hammer requested payment, Kay refused an claimed that there was no
consideration for the promise. Hammer would prevail against kay based on
Which of the following is not a primary function of law?
a). maintain ability in the social, political function of law
b). protect ownership of private property
c). insure to all a minimum living
d). preservation of the state - ANS -c
while the principle of stare decisis provides that courts will follow their precedents in making
subsequent decisions, nevertheless a court may decline to follow its precedents:
a). to correct an erroneous decision
b). to choose among conflicting precedents
c). in recognition of the fact that the needs of society change over time
d). all of the above - ANS -d
what is not true of an action brought under criminal law?
a). it involves a wrongful act
b). criminal guilt must be proven beyond a reasonable doubt
c). it must be brought by the government
d). the main purpose of the suit is to require payment of money damages to the victim - ANS -d
the highest source of law in the United States is
a). an executive order of the President
b). an interstate compact
c). the federal Constitution
d). the state constitutions - ANS -c
which of the following statements is correct?
a). law and morality are the same
b). if something is legal, it is moral
c). the law is strongly affected by moral concepts
d). all of the above are correct - ANS -c
generally, a crime consists of which of the following?
a). a wrongful or overt act
, b). the requisite criminal intent
c). both a and b
d). none of the above - ANS -c
how are crimes distinguished from other forms of unlawful conduct?
a). they are prosecuted by the victims
b). they result in payment of damages to the victim
c). they are offenses against all of society and are punished by a find and/or imprisonment
d). all of the above - ANS -c
which of the following is not required in the commission of an intentional tort?
a). a duty owed
b). a breach of the duty
c). injury or damage to another
d). all of the above are required - ANS -d
the standard of care applicable to a child is that of:
a). the reasonable person
b). a reasonable person who is incapable of exercising the judgement of an adult
c). a reasonable person of like age, intelligence and experience
d). a reasonable person who has a mental disability - ANS -c
a plaintiff who sues under res loquitur must show that
a). an event occurred which would not normally occur in the absence of negligence
b). the defendant intended to cause the harm suffered by the plaintiff
c). other possible causes have been eliminated by the evidence
d). none of the above - ANS -a
an executed contract is one in which:
a). all duties under it have been performed by all parties to the contract
b). at least one party has performed all of its duties under the contract
c). there are one or more unperformed promises by any party to the contract
d). the contract is wholly unperformed by one ore more of the parties - ANS -a
kay, an art collector, promised hammer, an art student that if hammer could obtain certain rare
artifacts within two weeks, kay would pay for hammer's post-graduate education. At
considerable effort and expense, hammer obtained the specified artifacts within the two-week
period. When hammer requested payment, Kay refused an claimed that there was no
consideration for the promise. Hammer would prevail against kay based on
