business law questions

1. Law actually refers to the duties imposed upon people requiring them to act in a certain manner. Tor F 2. "Society" refers to a group of people, large or small. Tor F 3. The right of free speech is guaranteed by the Constitution. Tor F 4. A government may take private property without compensation if it is needed for public use. Tor F 5. "Law" refers only to statutes passed by federal and state legislatures. Tor F 6. Any law, whether enacted by congress or by a state legislature, may be declared invalid if it conflicts with the Constitution of the United States. Tor F 7. Legal action is not generally taken against a person who does something that is only ethically wrong. Tor F 8. At least four out of nine justices must agree to hear an appeal from a state or federal court before a case comes before the U.S. Supreme Court. Tor F 9. The U.S. system of government is based on a concept known as separation of powers. Torf 10. Both statute law and case law are used in the United States legal system to reach decisions in civil and criminal law suits. Tor F 11. The United States has two separate and distinct court systems: the federal court system and the state court system. Tor F 12. The federal court system varies from one area of the country to another. Tor F 13. A major reason for finding alternatives to a lawsuit is that the person you are thinking of suing may be judgment proof. Tor F 14. Once a party to a lawsuit "wins" the case, the "winning" party will have very little difficulty on collecting the amount of damages awarded by the jury. Tor F 15. If you are declared the winner in a lawsuit, yuou most likely will be awarded money damages. Tor F 16. The plaintiff in a civil action is the state or federal government acting for the person bringing the lawsuit. Tor F 17. An application to a judge for a ruling on a point of law is called a motion. Tor F 18. A major reason rules or laws were first established was to: a. provide jobs for people b. restrict people's movement in society c. make it possible for the majority to rule the rest d. protect the rights of individuals against the acts of others 19. The Social Security system is an example of using law a. protect individuals b. promote worthwhile social objectives c. protect property d. protect society 20. Law in the United States is derived from a. constitutions, statutes and ordinances b. case law c. administrative regulations d. all of these 21. The practice of following precedents in deciding later cases is known as a. stare decisis b. equity c. statute law d. moral law 22. The plaintiff in a civil lawsuit is the a. state b. attorney fir the person injured c. person injured d. person being sued. 23. Merchants are very cautious about accusing and holding people for shoplifting because they may be sued for a. assault b. battery c. false imprisonment d. negligence 24. One way for a retail merchant to avoid liability in a false arrest lawsuit by a customer suspected of shoplifting is to prove that a. no security guard was on duty b. the customer consented to being detained c. the store manager was new d. the customer is related to one of the employees at the store 25. to be classified as a tort, a wrongful act a. may be deliberate b. may be a result of carelessness c. must result in injury to a person or a person's property d. any of these 26. Under the law, torts are classified as a. intentional, negligent and criminal b. criminal, intentional and strict liability c. intentional, negligent and strict liability d. criminal, negligent and strict liability 27. If an attorney uses one of his peremptory challenges to eliminate a potential juror from the jury pool, he will do it for a. racial bias b. employment conflict of interest c. religious prejudice d. no reason 28. The plaintiff in a criminal lawsuit ois a, state b. attorney for the person injured c. person injured d. person being sued by imprisonment 29. Of the following, the crime that would be considered a misdemeanor is a. setting fire to a neighbor's house b. taking a bottle of shampoo from a store c. robbing a store at gunpoint d. breaking into a warehouse to steal merchandise 30. A felony is a. less serious than a misdemeanor b. more serious than a violation, infraction or petty offense c. by law not a true crime d. punishment by imprisonment in a local institution such as a county jail for mor4e than one year. 31. Of the following acts, the one that is not a crime is a. slander b. arson c. embezzlement d. shoplifting 32. Certain acts have been declared crimes by a. a jury b. a judge c. the district attorney d. the U.S. Congress and state legislatures 33. A court that has the power to hear almost any case brought before it is considered to have a. appellate jurisdiction b. general jurisdiction c. constitutional jurisdiction d. limited jurisdiction