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Flashcards in Test Review 1 Deck (112)
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1
Q

Administrative law is a source of American law that consists of statutes.

A

False - Administrative Law body of law created by administrative agencies in order to carry out their duties or responsibilites.

2
Q

The term common law refers to law that is common throughout the world

A

False - common law refers to the body of law developed from custom or judicial decions in English and US courts, not attributable to legislature.

3
Q

Administrative law consists of the rules, orders, and decisions of administrative agencies.

A

False -administrative law is the body of law created by administrative agencies in order to carry out their duties or responsibilites.

4
Q

Procedural law consists of all laws that outline the methods of enforcing rights.

A

True

5
Q

Statutory law does not include county ordinances.

A

False - statutory law laws passed by Congress, state legislatures or local governing bodies

6
Q

Law consists of enforceable rules governing relationships among individuals and between individuals and their society.

A

True

7
Q

A jury’s good sense and careful consideration of consequences is known as jurisprudence.

A

False - judges

8
Q

Constitutional law includes only the US constitution

A

False - constitutional law is based off the US Constitution and the constitutions of the states

9
Q

Statutes are laws enacted by congress and the state legislatures and comprise one of the sources of American law.

A

True

10
Q

Remedies in equity include decrees of specific performance.

A

True

11
Q

Remedies in equity include injunctions

A

True

12
Q

In a common law system, judges are not obligated to follow the precedents established within their jurisdictions.

A

False - judges are obligated to follow precedents established within their jurisdictions.

13
Q

Criminal law focuses on rights and duties that exist between persons

A

False - criminal law is when a person violates a statute

14
Q

The party against whom a lawsuit is brought is the plaintiff of petitioner.

A

False - plaintiff is the party that initiates the lawsuit

15
Q

Statutory law includes state statutes

A

True

16
Q

Laws and government regulations affect almost all business activities.

A

True

17
Q

Damages are remedy at law

A

True

18
Q

Whether a law is constitutional depends on its source

A

False

19
Q

Administrative law includes only state regulations

A

False

20
Q

The US constitution reserves to the federal government all powers not granted to the states

A

False - reserves to the states all powers not granted to the federal government

21
Q

A citation identifies the publication in which a legal authority can be found

A

True

22
Q

Most state trial court decisions are not published

A

True

23
Q

The stability and predictability of the law are essential to business activities

A

True

24
Q

Criminal acts are prohibited by only federal government statutes

A

False - state statutes can define a law as criminal

25
Q

Under the constitution, the judicial branch is responsible for foreign affairs.

A

False - the executive branch is responsible for foreign affairs, but treaties require consent of the sentate.

26
Q

The states can establish laws that substantially affect trade and commerce.

A

False - trade & commerce is regulated by the Federal Trade Commission

27
Q

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the constitution, Congress

A

Enacts the laws

28
Q

In a federal form of government, the national government shares sovereign power with the states

A

True

29
Q

Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject

A

True

30
Q

Some constitutional protections apply to business entities

A

True

31
Q

Under the constitution, the judicial branch makes the laws

A

False - the legislative branch makes the laws

32
Q

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property

A

False - the fifth amendment prohibits the issuance of warrants without probably cause, that no one be deprived of life, libery and due process of law, prohibition against double jeopardy, and that no person is required to be a witness against themselves.

33
Q

A law that has any impact on religion is unconstitutional

A

False

34
Q

The establishment clause requires a complete separation of church and state

A

False - the establishment clause prohibits congress from creating any law ‘respecting the establishment of religion.’

35
Q

The first amendment protects commercial speech more extensively than noncommercial speech

A

False - commercial speech is more restircted

36
Q

The US Constitution explicitly mentions a general right to privacy

A

False

37
Q

The constitution permits congress to regulate interstate commerce

A

True

38
Q

The rights secured by the Bill of Rights are absolute

A

False

39
Q

All powers not specifically delegated to the federal government are reserved to the states

A

True

40
Q

The 14th amendment guarantees a right to due process of law

A

True

41
Q

Under the constitution, speech - oral, written, or symbolized by conduct - cannot be restricted in any way

A

False - freedom of speech is subject to reasonable restrictions

42
Q

The constitution expressly delegated to the states the power to regulate interstate commerce

A

False - this power is delegated to the federal government

43
Q

A law that prohibits only some persons from exercising a fundamental right will be subject to ‘strict scrutiny’ by the courts and under the equal protection clause.

A

True

44
Q

The Bill of Rights protects individuals against types of interference by the federal government.

A

True

45
Q

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

A

True

46
Q

Procedural due process requires that any government decision to take a person’s property must be made equitably.

A

True

47
Q

Substantive due process limits what the government can do in its legislative and executive capacities.

A

True

48
Q

A law that discriminates based on gender must substantially relate to an important government objective to be valid under the equal protection clause.

A

True

49
Q

The first amendment protects even speech that violates criminal laws.

A

False - free speech is subject to reasonable restrictions

50
Q

The 8th amendment prohibits excessive bail and fines.

A

True

51
Q

If a tax measure is reasonable, it is generally held to be within the national taxing power.

A

True

52
Q

The national government can regulate almost every commercial enterprise in the United States.

A

True

53
Q

The most widely used defense for negligence actions is consent.

A

False -comparitive negligence is the most widely used

54
Q

Conversion is limited to theft

A

False - conversion is any act that deprives an owner of personal property or of the use of that property without the owner’s permission and without just cause

55
Q

Legitimate competitive behavior is permissible interference with a contractual relationship even if it results in breaking of the contract.

A

True

56
Q

Defense of others is a defense to an allegation of battery

A

True

57
Q

Through tort law, society compensates those who inflict injuries on others

A

False - purpose of tort law is to provide remedies for the violation of various protected interests.

58
Q

Unintentionally causing a party to break a contract may constitute wrongful interference with a contractual relationship

A

False - wrongful interference requires: a) an enforceable contract between two parties; b) a third party must know that the contract exists; c) the third party must intentionally induce a party to the contract to breach the contract

59
Q

If it can be shown that a trespass on land was warranted, a complete defense exists

A

True

60
Q

Disparagement of property is a general term for the specific tort of appropriation

A

False - disparagement of property occurs when economically injurious falsehoods are made about anothers product or property

61
Q

A successful defense releases the defendant from liability for a tortious act

A

True

62
Q

Moral pressure constitutes false imprisonment

A

False

63
Q

A tortfeasor is one who wrongfully alleges that a tort has been committed

A

False - tortfeasor is one who commits a tort

64
Q

To commit an intentional tort, a person must have an evil or harmful motive

A

False - intetional act knowingly committed

65
Q

A plaintiff who voluntarily enters into a risky situation, knowing the risk involved, will be allowed to recover for any consequent injury

A

False - assumption of risk

66
Q

he bases of all torts are wrongs and compensation

A

True

67
Q

Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability

A

True

68
Q

An individual’s privacy is invaded if his or her likeness is used for commercial purposes without permission

A

True

69
Q

Fraud occurs only when there is justifiable reliance on a true statement

A

False

70
Q

If no harm results from an allegedly negligent act, there is no liability

A

True

71
Q

False imprisonment occurs when a person restrains another intentionally and without justification

A

True

72
Q

Defense of others is a defense to an allegation of assault

A

True

73
Q

The purpose of tort law is to provide remedies for the violation of various protected interested.

A

True

74
Q

The taking of electronic records and data can form the basis of a conversion claim

A

True

75
Q

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

A

True

76
Q

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements

A

True

77
Q

For fraud to occur, seller’s talk must be involved

A

False

78
Q

Only persons who are explicitly invited onto a business’s premises are considered business invitees.

A

False - business invitees include customers or clients for business purposes

79
Q

Tort law provides remedies for acts that cause damages to property

A

True

80
Q

A defamatory statement must be communicated to a third party to be actionable

A

True

81
Q

To avoid liability for negligence, a business owner must protect its customers against all risks.

A

False

82
Q

Failure to live up to a standard of care may be an act or an omission

A

True

83
Q

Conversion is limited to theft

A

False - any act that deprives an owner of personal property or of the use of that property without the owner’s permission and without just cause

84
Q

In a criminal case, the state must prove its case by a preponderance of the evidence

A

False - this is required in a civil case

85
Q

It is a federal crime to use income obtained from racketeering activity to buy an interest in any enterprise

A

True

86
Q

Falsifying public records or altering a legal document is larceny

A

False - larceny refers to unlawfully taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of possession.

87
Q

A stolen credit card is more likely to hurt the cardholder than the merchant

A

False

88
Q

Ordinarily, ‘ignorance of the law’ or a mistaken idea about what the law requires is a valid defense to criminal liability

A

False

89
Q

Public officials prosecute criminal defendants

A

True

90
Q

In a phishing attack, the perpetrator ‘fishes’ for financial data and passwords from a consumer by posing as a legitimate business

A

True

91
Q

All persons who are arrested have the constitutional right to remain silent

A

True

92
Q

Counterfeiting is robbery

A

False

93
Q

Individuals who are arrested must be informed of certain constitutional rights

A

True

94
Q

A person’s intent to return embezzled property - or its actual return - is not a defense to the crime of embezzlement

A

True

95
Q

Constitutional safeguards to protect the rights of individuals apply in federal courts

A

True

96
Q

A company takes a risk by storing its online customers’ credit-card numbers

A

True

97
Q

A kickback for a special favor or service is a form of bribery in some situations

A

True

98
Q

It is not a crime to defraud the public through the use of e-mail ads

A

False

99
Q

The fourth amendment protects against unreasonable searches by the government

A

True

100
Q

Using social media to defraud is a federal crime

A

True

101
Q

One purpose of criminal sanctions is to deter others from committing similar crimes in the future

A

True

102
Q

Criminal law spells out the duties that exist between persons or between citizens and their governments

A

False - criminal law is the branch of law that defines and punishes wrongful actions committed against the public

103
Q

One element that normally must exist for a person to be convicted of a crime is the performance of a prohibited act

A

True

104
Q

A cyberterrorist might target a government agency, but not a business

A

False

105
Q

A misdemeanor is a crime punishable only by a fine

A

False - punishable by a fine or confinement for up to a year

106
Q

Racketeering is a single crime - engaging in financial transactions to conceal the identity, source, or destination of illegally gained funds

A

False - dishonest and fraudulent business dealings

107
Q

Picking pockets is not robbery

A

True

108
Q

A suspect cannot be tried twice in the same court for the same crime

A

True

109
Q

Embezzlement can be committed only by physically taking property from the possession of another

A

False - when a person who is entrusted with another person’s property fraudulently appropriates it

110
Q

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases

A

False

111
Q

A verdict of guilty to a criminal charge nearly always requires a unanimous jury

A

True

112
Q

Under the exclusionary rule, illegally obtained evidence may not be included in any criminal prosecution

A

True