Question
1. Non-compete agreements are unenforceable if not in writing. True/false 2. In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board
1. Non-compete agreements are unenforceable if not in writing.
True/false
2. In 1994, the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents and found a duty of care to avoid providing alcohol to underage consumers. If in 2010 a plaintiff from Flagstaff, a city in Arizona brings a lawsuit against a student group at an Arizona university of providing alcohol to members under the legal drinking age; will the Hernandez v. Arizona board of regents case serve as the precedent?
a. No because there are probably different facts
b. No because the states do not have to use precedent
c. Yes it will be used as precedent and it is binding
d. Yes but only if they wanted to use it because it is not binding on any other court
3. Contracts for the sale of goods above $500 must be in writing to be enforceable
True/false
4. Which of the following is not a factor to consider when deciding on a business form?
a. Liability
b. Control
c. Management style
d. Taxes
5. In deciding whether or not cannibalism is right, Sidney thinks that it is fundamentally immoral to disrespect human life by consuming other humans. Sidneys reasoning is an example of which philosophy?
a. Deontology
b. Utilitarianism
c. Egoism
d. Relativism
6. An elementary school custodian struck a teenager who wrote graffiti on the schools wall. Is the school district liable for this employees intentional tort?
a. Yes the school district is liable for the torts of its employees on the job
b. No the school district cannot be liable in this scenario
c. Yes the school district is liable if the custodian intended to serve some purpose of the school when he struck the student
d. No the school district is not liable because the custodian was not instructed to strike the student
7. If both parties to a contract are operating under a false assumption, the contract may be voided due to mutual mistake?
True/false
8. When a party who does not understand a contract due to heavy intoxication enters s contract, this contract is considered
a. An unenforceable agreement
b. A unilateral contract
c. A voidable contract
d. A void agreement
9. Which of the following is not an ethics trap?
a. Rationalization
b. Money
c. Conflicts of interest
10. Proponents of deontology believe that people will always think about themselves first
True/false
11. The Jungle Book by Rudyard Kipling was published in 1894. Kipling was born in December 1865 and died in January 1936. When did the Jungle Book officially fall into the public domain?
a. 1937
b. 1994
c. 2006
d. 2016
12. In a civil case, a plaintiff wins a lawsuit if he is 51 percent convincing and collects 100 perfect of his damages. In a criminal case, the prosecutor must prove his case beyond reasonable doubt. Why is there such a significant difference in the burden of proof between civil and criminal cases?
a. The burden is higher in a criminal case because the consequences that the defendant faces are more severe
b. The burden is lower in a civil case because society wants to encourage litigation; it is the best way to resolve disputes
c. The burden is higher in a criminal case because we want to make sure that we find more defendants guilty even if it risks putting innocent people behind bars
d. The burden is lower in a civil case because the plaintiff has to pay both his own and the defendants legal fees
13. Naomi is devastated to realize that her favorite diamond necklace has been stolen the police arrest Clark, who they believe to be the thief. Both a civil trial and criminal trial regarding the theft of the necklace occur. At the civil trial, Naomi will be ____ and at the criminal trial she may be ____
a. The plaintiff and the plaintiff
b. Prosecutor, plaintiff
c. Plaintiff, witness
d. Plaintiff, prosecutor
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