According to the justice theory, _____.

Select one:

a. the decision makers' choices are to be guided by fairness and impartiality

b. the focus is on the process of decision making, not the outcome

c. society's benefits and burdens should fall on only certain segments of society

d. the morality of any action is determined by applying the categorical imperative

Numerous proposals designed to make corporations more sensitive to outside concerns have been offered throughout the past few decades. Generally, these recommendations are of a _____ nature.

Select one:

a. substantive

b. procedural

c. micro-managerial

d. legally enforceable

Corporate social responsibility advocates argue that ethical guidance for corporate managers may come from:

Select one:

a. corporate cultures that hold high concern for leading with fear.

b. corporate or industry codes of conduct.

c. corporations giving preference to their employees over other constituencies.

d. corporations promoting avoidance behavior among employees.

In the United States, state power is restricted by:

Select one:

a. procedural due process clause.

b. the Commerce Clause of the U.S. Constitution.

c. the equal protection clause.

d. the Sarbanes-Oxley Act.

Which of the following is a feature of the Fourteenth Amendment to the U.S. Constitution?

Select one:

a. It does not contain the substantive due process clause.

b. It prohibits any state from arbitrarily discriminating against persons.

c. It applies only to the federal government.

d. It does not contain the procedural due process clause.

One of the factors considered in determining the state statute to be constitutional and allow the states to regulate aspects of interstate commerce that have not been preempted by the federal government is that the state statute must:

Select one:

a. not further a legitimate local interest.

b. not discriminate in favor of local interests and against out-of-state interests.

c. allow only direct, not incidental, regulation of interstate commerce.

d. impose costs on interstate commerce that are more excessive than necessary to bring about the state interests.

In the case of a taking, just compensation includes the:

Select one:

a. fair market value of the property plus its sentimental value.

b. current fair market value plus any expected future value from the taking.

c. current fair market value of the property involved in the taking.

d. fair market value of the property if it were to be sold to a developer.

In the case of a taking, just compensation includes the:

Select one:

a. fair market value of the property plus its sentimental value.

b. current fair market value plus any expected future value from the taking.

c. current fair market value of the property involved in the taking.

d. fair market value of the property if it were to be sold to a developer.

The preponderance of the evidence standard of proof is applied in _____.

Select one:

a. all criminal cases

b. some criminal cases

c. all civil cases

d. some criminal cases

Under the tort of invasion of privacy, _____.

Select one:

a. some widespread dissemination of information is necessary for liability

b. true, but public, facts about a person can be an invasion of privacy

c. truth is a defense to "publication of private facts"

d. newsworthy items or items of legitimate public interest can be the basis of a successful suit

Loud Larry is a popular talk show in which the host, Larry, likes to take a confrontational approach to interviewing his guests. Larry is a smoker. He invites Alice, a well-known anti-smoking advocate, to be on his show. During the course of the interview, Larry attempts to demonstrate the harmless effects of passive smoking by blowing smoke directly at Alice's face even after she resisted. Which of the following is most likely to be true if Alice decides to press charges against Larry?

Select one:

a. Larry may be liable for battery.

b. Larry will not be liable for battery because he did not touch her body.

c. Larry may be liable for false imprisonment.

d. Larry will be liable for defamation.

In addition to demonstrating actual emotional distress, if a third party wants to recover for negligent infliction of emotional distress, the plaintiff must primarily show that:

Select one:

a. the defendant was negligent and that the accident could have been avoided.

b. the third party is at least distantly related to the victim.

c. the third party actually witnessed the injury when it occurred.

d. the defendant did not try to stop the accident.

Which of the following is true about the doctrine ofres ipsa loquitur?

Select one:

a. It says that an act of negligence and a criminal offense should be treated with the same weight.

b. It puts the burden on the plaintiff to show that the injury was not caused by his or her negligence.

c. It is applicable to cases where the defendant has exclusive control of the thing that caused the injury and is reluctant to disclose facts that prove liability.

d. It offers protection to those who are injured while making a reasonable attempt to rescue someone endangered by the negligent person's act.

Bella is Ming's babysitter. She takes Ming to the amusement park for a roller coaster ride. Due to the intensity of the ride, Ming, who has an especially weak heart, dies of a heart attack during the ride. Which of the following concepts best fits Bella's act of negligence?

Select one:

a. Proximate cause

b. Negligence per se

c. Breach of duty

d. Principles of causation

Which of the following statements is true about recklessness?

Select one:

a. Assumption of risk is not a good defense for recklessness.

b. It is best defended with a plea of contributory negligence.

c. It is more morally objectionable than negligence but less than intentional wrongdoing.

d. It is identical to intentional wrongdoing.

_____ is a good defense to recklessness.

Select one:

a. Assumption of risk

b. Intentional tort

c. Contributory negligence

d. Comparative negligence

Jose, a migrant worker who lived in a mobile home, died in a fire. The smoke alarm of the mobile home malfunctioned and did not go off. He was trapped inside while the fire engulfed him. The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained. In this scenario, Jose's widow can sue the owner of the mobile home under _____.

Select one:

a. disparagement

b. negligence

c. libel

d. causation

Which of the following statements is true for both contributory negligence and assumption of the risk?

Select one:

a. They are defenses adopted to ease the harshness of the comparative negligence system.

b. They are recent defenses to recklessness but not negligence.

c. They are based on the idea that everyone has a duty to exercise reasonable care for his or her own safety.

d. They are based on the idea that the plaintiff may recover if the defendant had the last opportunity to avoid harm.

Which of the following is a correct statement regarding strict liability?

Select one:

a. Strict liability is commonly described as "liability with fault."

b. The most recent major application of strict liability is to the manufacturers of defective products that are "unreasonably dangerous."

c. The basic idea behind strict liability is that the risks associated with certain activities should be borne by an innocent person who has suffered loss.

d. Generally speaking, negligence is a good defense to strict liability suits.

Which of the following statements is true about a trade secret?

Select one:

a. A trade secret usually receives legal protection even if its owner did not take reasonable precautions to keep it a secret.

b. A trade secret generally does not include devices and compilations of information.

c. A business may attempt to maintain a trade secret when it has a process or product that is not novel enough to receive patent protection.

d. A business may attempt to maintain a trade secret, but its misappropriation is not considered a breach of law.

If a term is _____, courts treat it as distinctive and automatically qualify it for trademark protection.

Select one:

a. generic

b. descriptive

c. arbitrary

d. nonspecific

The fair use defense against copyright infringement applies:

Select one:

a. if the use diminishes the value or enhances the marketability of the original work.

b. if there are substantial differences between the copyrighted work and the derivative work.

c. only to creative works and not informational works.

d. to commercial uses, which will be termed presumptively fair.

The _____ immunizes online service providers from liability for the information that originated with third persons.

Select one:

a. E-Infringement Act

b. Online Liability Act

c. Social Media Privacy Act

d. Communications Decency Act

Which of the following is true of the burden of proof in a criminal trial?

Select one:

a. It must be "beyond a reasonable doubt."

b. It is placed on the defendant.

c. During the closing of a case, when the defendant's attorney goes first, he or she has the burden of proof.

d. It is similar to that for civil cases.

Pursuant to the Uniform Arbitration Act:

Select one:

a. a court will review the wisdom of the decision of an arbitrator.

b. both the agreement of parties to arbitrate and the arbitration award are enforceable in court.

c. the agreement of parties to arbitrate is enforceable in court, but the arbitration award is unenforceable.

d. the arbitration award is enforceable in court, but the agreement of parties to arbitrate is unenforceable.

Adia filed a case against Chang in the court at Ohio. However, Chang had never visited Ohio and had no personal ties with anyone in Ohio. Chang could successfully argue that the court:

Select one:

a. lacked personal jurisdiction.

b. was in proximity to the place where Chang resides.

c. was limited by subject matter jurisdiction.

d. did not have judges that would understand the language spoken by him.

Which of the following statements is true of the presentation of testimony?

Select one:

a. Under direct examination, each witness is sworn and then examined by the defendant's attorney.

b. A defendant's attorney may cross-examine each of the plaintiff's witnesses, trying to raise doubts as to the person's credibility or trustworthiness.

c. A defendant's attorney may conduct a redirect examination to clarify the plaintiff's view of the facts.

d. During a witness's testimony, the opposing attorney cannot object to the presentation of certain evidence.

As used in the Uniform Commercial Code (UCC), the concept "reasonable":

Select one:

a. is a practical standard used to gauge what people really do in the marketplace.

b. is a theoretical concept based on the "reasonable person standard" of tort law.

c. refers to the capacity to contract.

d. refers to what a reasonable person would do in the marketplace.

If Frank buys a used car from Honest Bob's Used Cars, and Frank is a minor, the parties have a(n) _____ contract.

Select one:

a. unconscionable

b. unenforceable

c. voidable

d. valid

When two parties have directly, but orally, stated all of the terms of a contract at the time it was formed, they have:

Select one:

a. executed a contract.

b. made an express contract.

c. made an implied contract.

d. not made an enforceable contract.

Article 2 of the UCC applies to which of the following contracts?

Select one:

a. a contract for the sale of real estate

b. a contract for the sale of appliances

c. a contract for the sale of stocks

d. a contract for the sale of information

Beck tells his mom that he is thinking of selling his vintage coupe to his neighbor, Sam, for $100. Beck's mom calls Sam and tells him about her conversation with Beck. Sam then calls Beck and tells him that he accepts his offer. Under these circumstances, _____.

Select one:

a. this is a contract

b. the offer has been conditionally tendered

c. the offer has not been communicated

d. the offer violates the UCC's rule against third-party interveners in quasi contracts

Which of the following basic requirements must be met for an offer to sell goods to be a firm offer?

Select one:

a. It must contain assurances that it will be revocable.

b. The offeror must be a merchant.

c. It must have been made orally.

d. The outer limit on the period of irrevocability for firm offers must be 10 months.

Bogdan, a painter, offers to sell his painting to Mirka for $90. Mirka responds that she needs more time to think about Bogdan's offer. Then Bogdan dies, and the value of the painting escalates. Mirka calls Bogdan's widow, Gizela, and says "I accept Bogdan's offer." Which of the following statements is true of the case?

Select one:

a. There is a binding contract entitling Mirka to the painting.

b. There is a binding contract entitling Mirka to the painting if she did not know Bogdan was dead when she called Gizela.

c. There is no binding contract entitling Mirka to the painting under any circumstances.

d. There is no binding contract entitling Mirka to the painting unless she actually pays Gizela the $90.

If an offeree dispatches both an acceptance and a rejection to an offer, _____.

Select one:

a. the acceptance is effective as soon as it is dispatched and a contract is created

b. the rejection is effective as soon as it is dispatched and no contract can be created

c. both the acceptance and the rejection are not effective and another response must be issued

d. whichever response reaches the offeror first will determine whether a contract is created

The means used by an offeror to communicate the offer is:

Select one:

a. the impliedly authorized means for accepting regardless of circumstances.

b. the impliedly authorized means for accepting unless the circumstances indicate otherwise.

c. the only authorized means of communication for accepting.

d. always the offeror's particular trade usage in communication, as it impliedly authorizes a given means of acceptance.

According to the Uniform Commercial Code's rule, when forms are not exchanged, _____.

Select one:

a. acceptance cannot materially vary from the offer

b. acceptance can have terms additional to the offer

c. differing terms must be included as a part of the contract

d. though the acceptance varies from the offer, it cannot be considered as a rejection

Identify the correct statement regarding consideration.

Select one:

a. A promise by public officials to perform their official duties is always a consideration.

b. A promisor's promise not to commit a crime or a tort can never be consideration.

c. As a general rule, performing or agreeing to perform a preexisting duty is consideration.

d. When new consideration is provided to support a modification, it is unenforceable

An honest dispute about the existence or amount of a debt makes the debt a(n) _____ one.

Select one:

a. unliquidated

b. illusory

c. liquidated

d. nominal

Forbearance occurs when:

Select one:

a. a debtor and two or more creditors agree to accept a stated percentage of their liquidated claims against the debtor.

b. someone promises not to file a legal suit in exchange for a promise to pay a certain sum of money or some other consideration.

c. promises are worded in a way that allows the promisor to decide whether or not to perform the promise.

d. there is no dispute about the existence or the amount of the debt.

_____ means that a general hearing was held on the person's mental competency, and the court determined that the person was of unsound mind and appointed a guardian or conservator of the person's estate.

Select one:

a. Emancipation

b. Adjudication

c. Incapacitation

d. Ratification

Which of the following is true of minors' ability to disaffirm?

Select one:

a. Minors may disaffirm their contract for a reasonable time before attaining majority.

b. Minors may disaffirm their contracts at any time during their minority.

c. Minors may disaffirm by doing anything that clearly indicates to the other party an intent to be bound by the terms of the contract.

d. Minors may disaffirm before reaching majority if their contracts involve title to real estate.