Please circle the appropriate letter for your answer.

1)

T/FGenerally a crime is comprised of two elements:1) the overt act and 2) the intent.

2)

T/FSpecific crimes have specific elements as specified in criminal statutes.

3)

T/F Fraud is comprised of intentional misrepresentation that is reasonably relied upon and causes damage.T/F

4)

T/FPartners in a partnership do not share profits and losses; only employees do.

5)T/FThe corporate status does not provide a shield against personal liability.

6)T/FIf a parent corporation exercises too much control over its subsidiary, it may be liable for the subsidiary's torts.

7)T/F Mediation is a popular way of resolving disputes today without litigation.It is an extension of negotiation where parties voluntarily agree to work together to resolve their dispute.

8)The UCC is:

a)Uniform Criminal Code

b)United Code for Criminal Violations

c)Uniform Code for Contracts

d)Uniform Commercial Code

e)None of the above since the common law is based on case precedent, not codes

9)T/FFederal Trial Courts are only located in Washington, D.C.

10)T/F California is in the 1stFederal Judicial Circuit, a very important circuit.

11)T/F Massachusetts is in the 9th Federal Judicial Circuit.

12)T/FWhen a case is decided by a jury, the judge instructs the jury as to the law that

governsthe facts as the jury determines them to be from the evidence.The jury applies

the law to the facts to render its decision.

13)T/FWhen a case is decided by a judge, the judge determines the facts from the evidence

and applies the law to render a decision.

14)T/F A well-developed legal infrastructure allows business to flourish; for example, laws

for business organizations and debtor/creditor laws.

15)T/F A plaintiff files an "Answer" and the defendant's response is a "Complaint."

16)T/F Opening statements are put forth by each side's lawyers who may tell the jury what

the facts of the case are.

17)T/F Near the conclusion of a jury trial, the judge will instruct the jury as to what the

facts are in the case.

18)T/FWhen a summary judgment motion is granted, the court applies the law that governs

the case to the evidence that does not contain conflicting facts and renders a decision.

without atrial.

19)T/F It is during testimony of witnesses that evidence is introduced and either admitted or

denied.Such decisions by the judge are not appealable.

20)The Federal Court System and the State Court Systems have

a)trial courts

b)a court of appeal

c)a supreme court

d)all of the above

e)none of the above since today all must arbitrate!

21)Long-arm jurisdiction is comprised of which of the following?

a)doing business

b)entering a contract

c)tort

d)property located in the jurisdiction

e)all of the above

22)Minimum contacts for "doing business" are comprised of which of the following?

a)offices in a jurisdiction

b)employees in a jurisdiction

c)advertising in a jurisdiction

d)all of the above are minimum contacts for "doing business"

23)T/F The burden of proof in a civil case is "preponderance of the evidence."

24)T/FThe burden of proof in a criminal case is "beyond a reasonable doubt."

25)T/FFederalism provides for power among a federal government and various State

governments.

26)T/FThe Equal Protection Clause disallows State discriminatory practices, i.e. treating certain individuals differently than other similarly situated individuals, usually through some classification scheme.

27)T/FThe common law system is global and is based upon legal precedent, i.e. following prior case decisions.

28)Sources of law include:

a)Constitution

b)Cases

c)Statutes both State and Federal

d)Administrative Law

e)All of the above

29)T/FWhen a case is appealed, it is alleged that there is judicial error made by the lower

court such as giving the jury inadequate instructions on the applicable law governing the

case.

30)In the case of Marbury v. Madison (1803), Justice Marshall asserted the doctrine of:

a)interstate commerce

b)equal protection

c)all nations are equal

d)judicial review

e)none of the above since courts do not assert doctrines

31)T/FTo meet the test for being engaged in interstate commerce, a local or state activity need only be connected to interstate commerce to be considered as doing business between or among the States.

32)T/F The federal government has the power to tax but it must be uniform across the States.

33)T/FCivil law systems rely upon case precedent similarly to common law systems.

34)T/FIntra-State commerce is commerce within a State.

35)T/FMost business in the U.S. is likely considered to be in Intra-State Commerce only.

36)T/FThere is federal jurisdiction (Congress regulates it) over Interstate Commerce and

federal laws apply.

37)T/FArbitration is an alternative way to resolve disputes and it is quick, cost efficient and confidential.

38)T/FThe New York Convention is a treaty among most countries that provides for the enforcement of arbitral awards in member countries.

39)T/FOther important criteria to consider when choosing a form of business association is the amount of control the owners wish to have and how they are taxed.

40)T/FLibel is spoken defamation.

41)T/FSlander is written defamation.

42)T/FInternational law is a system of law above and beyond the laws of any particular

country.

43)T/FPrimary sources of international law are treaties, custom and principles.

44)T/FAlthough a franchisor has many requirements for a franchisee, the franchisor does not control the franchisee since the franchisee is the party engaged in day-to-day management.

45) T/FParent companies are generally not liable for the torts of their subsidiaries if the parent

does not control the subsidiary.

46)T/FIn a criminal case, the State brings the case on behalf of the victim.

47)T/FIn a civil case, the Plaintiff or party initiating the suit, is the injured party.

48)T/FExamples of civil cases are both contract and tort (negligence and strict liability).The

first involves agreements and the second involves damage to property or personal injury.

49)T/F While Freedom of Speech is a Fundamental Right, we do impose some restrictions such

as regulation of advertising.

50)Examples of administrative agencies that make law are:

a)OSHA ( Occupational Safety and Health Administration)

b)FDIC(Federal Deposit Insurance Corporation)

c)EPA (Environmental Protection Agency)

d)All of the above

e)None of the above since only Congress has this authority