Question
Hi , I need help and explination with this outline for Business Law : QUESTION 1 Criminal law is concerned with wrongs committed against the
Hi , I need help and explination with this outline for Business Law :
QUESTION 1
Criminal law is concerned with wrongs committed against the society as a whole.
True / false
QUESTION 2
A misdemeanor is more serious than a felony.
True / False
QUESTION 3
Mens Rea is the guilty mind associated with committing a criminal act.
True / false
QUESTION 4
Burglary usually includes embezzlement.
True / False
QUESTION 5
Attempt and conspiracy are inchoate offenses.
True / False
QUESTION 6
The crime of arson is often times tied in to insurance fraud.
True / False
QUESTION 7
Slander is a crime. A defendant who is convicted will face jail time.
True / False
QUESTION 8
The 5th Amendment protects the right against self incrimination (the right to remain silent).
True / False
QUESTION 9
The 4th Amendment prohibits unreasonable searches.
True / False
QUESTION 10
Internet crime (and online crime) is usually very easy to investigate and prosecute.
True / False
QUESTION 11
White collar crime often includes crime related to business or crime that occurs in the business environment.
True/ False
QUESTION 12
Burglary involves breaking and entering with intent to commit a felony.
True/ False
QUESTION 13
Minors are legally barred from entering into contracts.
True/ false
QUESTION 14
In breach of contract actions, plaintiffs are required to mitigate damages.
True/ False
QUESTION 15
Mitigation means to "make damages less."
True / False
QUESTION 16
To be enforceable, all contracts must be in writing.
True / False
QUESTION 17
To be enforceable, a contract for the sale of land must be in writing.
True / False
QUESTION 18
If Randy Miller is adjudicated incompetent by the court and subsequently she purchases a new car...this contract would be void.
True/ False
QUESTION 19
In a breach of contract action, punitive damages may be awarded if the contract was induced by fraud.
True
False
QUESTION 20
Under some circumstances a minor can disaffirm a contract for:
food
clothing
shelter
a new car
QUESTION 21
A material breach of contract occurs when a substantial part of the contract is not performed.
True / False
QUESTION 22
Cyber crime can include fraud and identity theft.
True / False
QUESTION 23
In a breach of contract action, Specific Performance would be the most useful remedy if the contract involved:
a rare violin, A new Car, A guitar, Air line tickets
QUESTION 24
An award of nominal damages is usually:
$100.00
$1000.00
$1.00
All of the above.
QUESTION 25
In a breach of contract action, the defendant must be found civilly liable:
Beyond all doubt.
Beyond a reasonable doubt.
By a preponderance of the evience.
All of the above.
QUESTION 26
In a breach of contract action, the defense of duress may be utilized when the wrongful threat of one person forces another person to enter a contract against their will.
True / False
QUESTION 27
Embezzlement is typically a white collar crime.
True / False
QUESTION 28
Many contracts contain arbitration clauses. This would require a disputing party to have his dispute resolved by a mediator.
True / False
QUESTION 29
Lost profits are recoverable in a breach of contract action.
True / False
QUESTION 30
The power of the United States Congress to regulate commerce and business is found in the commerce clause of the United States Constitution.
True / False
QUESTION 31
Sandy Smith owns a dress shop.On the way home from work she was involved in a car accident which was caused by Ben.Believing that the accident was minor and that she was not injured she accepted a $500.00 settlement and released Ben from all further liability for damages resulting from the accident. Several weeks later she began to experience severe head and neck pains.This injury is diagnosed by a doctor as being caused by the accident with Ben.Randy can now:
Not recover additional money because the accident happened over two weeks ago.
bring an action to compel Ben to pay her additional money.
Not recover additional money from Ben because of the provisions of the signed release.
File a new lawsuit against Ben and recover for these additional injuries.
QUESTION 32
Beth is cleaning her attic and finds an old painting.Believing that the painting is worthless she sells it to Bobfor $100.00.Later she discovers that the painting is really a priceless masterpiece.Beth will be able to:
avoid the contract because of her mistake.
not avoid the contract because mistakes in judgment as to value do not permit you to avoid a contract.
recover the painting.
recover the value of the painting from Bob.
QUESTION 33
Which of the following is not an example of incidental damages for one who hasjust had an employment contract canceled for no reason.
the costs of mailing letters to prospective employers
the costs of telephoning prospective employers
cab fare for interviews with prospective employers.
A trip to Paris.
QUESTION 34
Lost profits are recoverable in a breach of contract action.
True / False
QUESTION 35
A verbal prenuptual agreement is fully enforceable.
True / False
QUESTION 36
A white collar crime is typically a crime that is related to business or occurs in the course of business.
True / False
QUESTION 37
Punitive damages are always awarded in a breach of contract action.
True / False
QUESTION 38
Entrapment occurs when an unlawful threat of one person causes another person to commit a crime.
True / False
QUESTION 39
A criminal defendant who suffers from mental illness can assert the insanity defense (through their attorney) if they are unable to understand the nature of the charges and are incapable of forming the state of mind required to commit the crime.
True / False
QUESTION 40
A person who is intoxicated can enter a contract and be fully bound by it's terms.
True / False
QUESTION 41
Match the following terms to the correct definition or phrase. Each definition or phrase can only be used once.
Unilateral mistake
-
Contracts for the sale of land
-
Unconscionable
-
Compensatory damages
-
Statute of Frauds
-
Patent
-
mens rea
-
punitive damages
-
Copyright
-
actus reus
A.Must be in writing
B.$ award that makes up for a loss
C.Requires that contracts for the sale of goods over $500.00 must be in writing.
D.Criminal mind
E.Awarded to inventor.
F.Grossly unfair
G. rarely awarded in contract actions.
H. A criminal act
I.Usually a typographical error
J. Awarded to Authors
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