Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) The court's decision in Brown v. Board of Education had what effect on the decision
made in Plessy v. Ferguson?
a. It showed that precedent can be overruled and is not binding in every situation.
b. It applied the Doctrine of Stare Decisis.
c. It showed that the Constitution is not subject to interpretation.
d. It applied the principle of preemption.
e. It followed precedent.
2) Someone who believes that law is a reflection of those in power, believes in which
school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School.
e. The Psychological School.
3) Which of the following is a false statement regarding the citizenship and immigration
policy of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today in the United States.
e. Immigration laws are administered and enforced by the United States Customs and
Immigration Service.
4) The remedy, or relief, that was available in the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts.
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
64
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21496,0);(0,0);(0,21487);(21496,21487)posrelh0posrelv0pib
Business Law
65
6) When statutes are organized by topic, the resulting compilation of law is known as:
a. precedent.
b. a code.
c. civil law.
d. topical presentation.
e. common law.
7) Which of the following is not empowered to establish administrative agencies?
a. A state executive branch.
b. Congress.
c. A federal or state judicial branch.
d. A state legislative branch.
e. The federal executive branch.
8) For which of the following in the U.S. Congress can the number to which a state is
entitled change over time?
a. All members of the u.s. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives.
e. Representatives.
9) The power of the federal government to make treaties with Native American Nations
regarding land and land use is derived from the:
a. Privileges and Immunities Clause.
b. Supremacy Clause.
c. First Amendment.
d. Commerce Clause.
e. Equal Protection Clause.
10) If there is an area of interstate commerce that the federal government has chosen not
to regulate, the states can:
a. not regulate in that area because states cannot pass laws affecting interstate com-
merce.
b. ...
This presentation deals with the economic theories in correlation with Politics which is the basic idea of Public Choice Theory. It also briefly discuss the Schools of Public Choice theory with the use of it in Law. This presentation explores the real life situations of this theory in India.
Unit 1 Introduction to Corporate Governance
Unit 2 Theory of the Firm
Unit 3 Corporate Governance and the Role of Law
Unit 4 Corporate Governance Around the World
Unit 5 Board Composition and Control
Unit 6 CEO Compensation
Unit 7 International Governance
Unit 8 Overview of Corporate Governance Codes
Social Audit described fully and faithfully with every detailed information.
It includes Features/Characteristics,
Advantages,
Disadvantages,
Benefits, etc.
Presentation by Vincent Tophoff, IFAC Senior Technical Manager at the INTOSAI Subcommittee on Internal Control Standards Annual Meeting, May 27-28, 2014
Individual Factors: Moral Philosophies and Valuedgoti3111
Most discussions of business ethics address the role of the individual in ethical decision making.
HOW DOES INDIVIDUAL'S BACKGROUNDS AND PHILOSOPHIES INFLUENCE ONE'S DECISION?
BAM 521 Publisher Pearson Prentice Ha II Business Law .docxikirkton
BAM 521
Publisher:
Pearson Prentice Ha II
Business Law
Text: Contemporary Business and Online Commerce Law
Sixth Edition, 2009
ISBN: 10: 0-13-601500-X
Author(s):
Henry R. Cheeseman
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21498,0);(0,0);(0,21482);(21498,21482)posrelh0posrelv0pib
Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) The court's decision in Brown v. Board of Education had what effect on the decision
made in Plessy v. Ferguson?
a. It showed that precedent can be overruled and is not binding in every situation.
b. It applied the Doctrine of Stare Decisis.
c. It showed that the Constitution is not subject to interpretation.
d. It applied the principle of preemption.
e. It followed precedent.
2) Someone who believes that law is a reflection of those in power, believes in which
school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School.
e. The Psychological School.
3) Which of the following is a false statement regarding the citizenship and immigration
policy of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today in the United States.
e. Immigration laws are administered and enforced by the United States Customs and
Immigration Service.
4) The remedy, or relief, that was available in the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts.
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
64
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21496,0);(0,0);(0,21482);(21496,21482)posrelh0posrelv0pib
Business Law
65
6) When statutes are organized by topic, the resulting compilation of law is known as:
a. precedent.
b. a code.
c. civil law.
d. topical presentation.
e. common law.
7) Which of the following is not empowered to establish administrative agencies?
a. A state executive branch.
b. Congress.
c. A federal or state judicial branch.
d. A state legislative branch.
e. The federal executive branch.
8) For which of the following in the U.S. Congress can the number to which a state is
entitled change over time?
a. All members of the U.S. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives.
e. Representatives.
9) The power of the federal government to make treaties with Native American Nations
regarding land and land use is derived from the:
a. Privileges and Immunities Clause.
b. Sup ...
Final Examination2BAM 317 Business LawMultiple Cho.docxmydrynan
Final Examination
2
BAM 317 Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) Which doctrine was overturned in the case of Brown v. Board of Education?
a. the legality of poll taxes
b. the permissibility of separate but equal facilities
c. allowing only white males to vote
d. the acceptability of paying women less than men for comparable work
e. different working hours for male and female factory workers
2) Documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter
reflect what legal theory?
a. the Natural Law school
b. the Historical school
c. the Sociological school
d. the Analytical school
3) Proponents of which school(s) of jurisprudential thought are unlikely to adhere to precedent in
making decisions?
a. the Sociological school only
b. the Critical Legal Studies school only
c. both the Sociological school and the Critical Legal Studies school
d. neither the Sociological school nor the Critical Legal Studies school
4) Which of the following is most consistent with the Natural Law School of jurisprudence?
a. Law is based on moral and ethical principles of what are right, and it is the job of men
and women, through study, to discover what these principles are.
b. The law is a reflection of society, thus the law must change naturally as society
changes over time.
c. The laws of man are secondary to the laws of nature, and thus the laws of nature take
precedence whenever the laws of man are in conflict with the laws of nature.
d. By applying the rules of logic to specific cases, the logical, or natural, result will be
obtained.
e. Laws must first and foremost respect, preserve, and promote the preservation of the
environment and life in all its forms.
5) What was the only remedy (relief) available in the law courts of England?
a. specific performance
b. fines and imprisonment
c. monetary awards for damages
d. returning the parties to their positions before the dispute arose
3
Final Examination
BAM 317 Business Law
6) Which court was eventually combined with the regular court system?
a. law courts
b. equity courts
c. criminal courts
d. merchant courts
7) What is an equity court’s function?
a. To deal with just the law of merchants.
b. To issue opinions in cases that later set the precedent for similar cases.
c. To investigate the merits of a case and base its decisions on fairness.
d. To issue executive orders.
e. To set state or federal laws between two or more nations.
8) The ability of Native American Indians to conduct gambling operations on Indian reservations:
a. is determined solely by the respective Indian tribe
b. is determined through negotiation by the state and Native Americans
c.is within the control of the federal government because of provisions in the U.S. Consti-
tution
d. has been found by the courts, in many ins ...
This presentation deals with the economic theories in correlation with Politics which is the basic idea of Public Choice Theory. It also briefly discuss the Schools of Public Choice theory with the use of it in Law. This presentation explores the real life situations of this theory in India.
Unit 1 Introduction to Corporate Governance
Unit 2 Theory of the Firm
Unit 3 Corporate Governance and the Role of Law
Unit 4 Corporate Governance Around the World
Unit 5 Board Composition and Control
Unit 6 CEO Compensation
Unit 7 International Governance
Unit 8 Overview of Corporate Governance Codes
Social Audit described fully and faithfully with every detailed information.
It includes Features/Characteristics,
Advantages,
Disadvantages,
Benefits, etc.
Presentation by Vincent Tophoff, IFAC Senior Technical Manager at the INTOSAI Subcommittee on Internal Control Standards Annual Meeting, May 27-28, 2014
Individual Factors: Moral Philosophies and Valuedgoti3111
Most discussions of business ethics address the role of the individual in ethical decision making.
HOW DOES INDIVIDUAL'S BACKGROUNDS AND PHILOSOPHIES INFLUENCE ONE'S DECISION?
BAM 521 Publisher Pearson Prentice Ha II Business Law .docxikirkton
BAM 521
Publisher:
Pearson Prentice Ha II
Business Law
Text: Contemporary Business and Online Commerce Law
Sixth Edition, 2009
ISBN: 10: 0-13-601500-X
Author(s):
Henry R. Cheeseman
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21498,0);(0,0);(0,21482);(21498,21482)posrelh0posrelv0pib
Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) The court's decision in Brown v. Board of Education had what effect on the decision
made in Plessy v. Ferguson?
a. It showed that precedent can be overruled and is not binding in every situation.
b. It applied the Doctrine of Stare Decisis.
c. It showed that the Constitution is not subject to interpretation.
d. It applied the principle of preemption.
e. It followed precedent.
2) Someone who believes that law is a reflection of those in power, believes in which
school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School.
e. The Psychological School.
3) Which of the following is a false statement regarding the citizenship and immigration
policy of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today in the United States.
e. Immigration laws are administered and enforced by the United States Customs and
Immigration Service.
4) The remedy, or relief, that was available in the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts.
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
64
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21496,0);(0,0);(0,21482);(21496,21482)posrelh0posrelv0pib
Business Law
65
6) When statutes are organized by topic, the resulting compilation of law is known as:
a. precedent.
b. a code.
c. civil law.
d. topical presentation.
e. common law.
7) Which of the following is not empowered to establish administrative agencies?
a. A state executive branch.
b. Congress.
c. A federal or state judicial branch.
d. A state legislative branch.
e. The federal executive branch.
8) For which of the following in the U.S. Congress can the number to which a state is
entitled change over time?
a. All members of the U.S. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives.
e. Representatives.
9) The power of the federal government to make treaties with Native American Nations
regarding land and land use is derived from the:
a. Privileges and Immunities Clause.
b. Sup ...
Final Examination2BAM 317 Business LawMultiple Cho.docxmydrynan
Final Examination
2
BAM 317 Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1) Which doctrine was overturned in the case of Brown v. Board of Education?
a. the legality of poll taxes
b. the permissibility of separate but equal facilities
c. allowing only white males to vote
d. the acceptability of paying women less than men for comparable work
e. different working hours for male and female factory workers
2) Documents such as the U.S. Constitution, the Magna Carta, and the United Nations Charter
reflect what legal theory?
a. the Natural Law school
b. the Historical school
c. the Sociological school
d. the Analytical school
3) Proponents of which school(s) of jurisprudential thought are unlikely to adhere to precedent in
making decisions?
a. the Sociological school only
b. the Critical Legal Studies school only
c. both the Sociological school and the Critical Legal Studies school
d. neither the Sociological school nor the Critical Legal Studies school
4) Which of the following is most consistent with the Natural Law School of jurisprudence?
a. Law is based on moral and ethical principles of what are right, and it is the job of men
and women, through study, to discover what these principles are.
b. The law is a reflection of society, thus the law must change naturally as society
changes over time.
c. The laws of man are secondary to the laws of nature, and thus the laws of nature take
precedence whenever the laws of man are in conflict with the laws of nature.
d. By applying the rules of logic to specific cases, the logical, or natural, result will be
obtained.
e. Laws must first and foremost respect, preserve, and promote the preservation of the
environment and life in all its forms.
5) What was the only remedy (relief) available in the law courts of England?
a. specific performance
b. fines and imprisonment
c. monetary awards for damages
d. returning the parties to their positions before the dispute arose
3
Final Examination
BAM 317 Business Law
6) Which court was eventually combined with the regular court system?
a. law courts
b. equity courts
c. criminal courts
d. merchant courts
7) What is an equity court’s function?
a. To deal with just the law of merchants.
b. To issue opinions in cases that later set the precedent for similar cases.
c. To investigate the merits of a case and base its decisions on fairness.
d. To issue executive orders.
e. To set state or federal laws between two or more nations.
8) The ability of Native American Indians to conduct gambling operations on Indian reservations:
a. is determined solely by the respective Indian tribe
b. is determined through negotiation by the state and Native Americans
c.is within the control of the federal government because of provisions in the U.S. Consti-
tution
d. has been found by the courts, in many ins ...
The following TrueFalse and Multiple Choice questions cover the m.docxoreo10
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
1. All but which of the following are examples of special courts in the federal system: a. U.S. Tax Court
b. U.S. Bankruptcy Court
c. U.S. Court of Federal Claims
d. Pierce County Superior Court
e. U.S. Court of Appeals for the Armed Forces
2. Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court? a. The U.S. Supreme Court is the final authority on all matters of federal jurisdiction.
b. The primary function of the Supreme Court is one of review.
c. The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity jurisdiction) or in the constitutionality of a state or federal law.
d. Every case may be submitted to the United States Supreme Court for review.
e. All of the above statements are true.
3. Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
4. The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
5. The party responding to a civil action has the initial burden of proof.
6. Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
7. Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
8. Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
9. Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. The person is given adequate notice
b. The person is given an opportunity to be heard
c. The person has had “minimum contacts” with the forum state
d. A, B, & C
e. A & B
11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of equity?
a. A maxim
b. Specific performance
c ...
8) The process of critical legal thinking includes which of the fo.docxssuser774ad41
8) The process of critical legal thinking includes which of the following?
a.
A judge must specify the issue presented by the case.
b.
A judge must identify the applicable law for the case.
c.
A judge must identify the key facts in the case.
d.
A judge must apply the law to the facts to come to a conclusion that answers the issue presented.
All the above involve the process of critical legal thinking
20)
Which of the following is an example of concurrent jurisdiction shared by federal and state courts?
a.
Copyrights and trademarks.
b.
Bankruptcy.
c.
Federal questions.
d.
Patents.
e.
None of the above, each is considered exclusive federal jurisdiction.
21)
There will never be a dissenting opinion filed when the U.S. Supreme Court has issued atn).
a.
majority opinion.
b.
opinion written by the Chief Justice.
c.
unanimous opinion.
d.
tie opinion.
e.
plurality opinion.
23)
When parties to a contract agree upon which state court will have jurisdiction should litigation become necessary, that contract clause is called a:
a.
choice-of-law clause.
b.
jurisdiction selection clause.
c.
standings clause.
d.
venue selection clause.
e.
forum-selection clause.
25) Which of the following are in the proper order from first to last filed?
a.
Reply; cross-complaint; answer; complaint.
b.
Answer; complaint; reply; cross-complaint.
c.
Complaint; answer; cross-complaint; reply.
d.
Complaint; cross-complaint; reply; answer.
e.
Complaint; reply; cross-complaint; answer.
30)
Which of the following is an example of an executive power granted to an administrative agency?
a.
The power to investigate a violation of a statute or administrative rule.
b.
The responsibility to determine licensing requirements for pharmacists.
c.
The right to issue an interpretive rule.
d.
The right to adjudicate a case through an administrative proceeding.
e.
The right to issue a substantive rule.
34)
In Wilhelm v. Flores, involving a death from bee stings, which of the following sets forth the ruling of the Court of Appeals as to whether a defendant who hires a person to work with bees can be held liable for the failure to warn of the dangers involved?
a.
A defendant who had knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of some dangers, but the danger of anaphylactic shock is too remote for there to be a danger to warn about that.
b.
There is no liability for negligence when the unpredictability of animals, birds or bees is involved.
c.
Liability would only exist if the defendant was aware that the plaintiff knew nothing about bees and intentionally kept the dangers a secret.
d.
There could be no liability whatsoever since it is assumed that if a person agrees to work with bees, they are aware of the dangers.
e.
A defendant who has knowledge of the dangers of working with bees can be held liable on a negligence basis for the failure to warn of da.
Running head TITLE 1TITLE 6TitleStudent Name.docxagnesdcarey33086
Running head: TITLE
1
TITLE
6
Title
Student Name
University Name
Title
1) When statutes are passed only after considerable study, debate and public input, this is an example of which function of the law?
A. Keeping the peace.
B. Shaping moral standards.
C. Maintaining the status quo.
D. Facilitating orderly change.
2) What was the U.S. Supreme Court’s reaction to a case where a business executive was found guilty of aiding and abetting in the bribery of an Internal Revenue Service Agent even though the Internal Revenue Service agent had been found not guilty of the bribery in a separate trial?
A. Because of the inconsistent outcomes, a third combined trial was ordered to reconcile the different outcomes.
B. This simply underscores the fact that there is always the possibility that different juries might reach different results in a given situation.
C. Because one of the defendants had been found guilty, then both should have been found guilty.
D. Because one of the defendants had been found not guilty, they both should have been found not guilty.
3) Which of the following is most consistent with the Natural Law School of jurisprudence?
A. The laws of man are secondary to the laws of nature, and thus the laws of nature take precedence whenever the laws of man are in conflict with the laws of nature.
B. By applying the rules of logic to specific cases, the logical, or natural, result will be obtained.
C. Law is based on moral and ethical principles of what is right, and it is the job of men and women, through study, to discover what these principles are.
D. The law is a reflection of society, thus the law must change naturally as society changes over time.
4) Which of the following statements is true regarding the relationship of law and ethics?
A. In some cases the law will require a higher standard of conduct than ethics, but never vice versa.
B. Depending on the circumstances, the law can require a higher, lower, or the same standard of conduct as ethics demands.
C. The legal requirements will almost always be the same as the ethical requirement because the law is based on the ethical standards.
D. In some cases ethics will require a higher standard of conduct than the law, but never vice versa.
5) Which of the following is correct with regard to the relationship between law and ethics?
A. Lawful conduct is always ethical conduct.
B. Although much of law is based on ethical standards, not all ethical standards have been enacted as law.
C. The rule of law and the golden rule of ethics demand the same response.
D. The law may not .permit something that would be ethically wrong.
6) Which of the following is not one of the Caux Round Table Principles for International Business?
A. Promotion of Multiculturalism.
B. Respect for the Environment.
C. Avoidance of Illicit Operations.
D. Support for Multilateral Trade.
7) In a civil case, which of the following is true about the order of the prese.
BAM 521 Sixth Edition, 2009 ISBN 10 013-601500-X Busine.docxikirkton
BAM 521
Sixth Edition, 2009
ISBN: 10 013-601500-X
Business Law
Text: Contemporary Business and Online Commerce Law
Author(s):
Henry R Cheeseman
Publisher:
Pearson Prentice Hal
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21499,0);(0,0);(0,21487);(21499,21487)posrelh0posrelv0pib
a.
Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
~The courts decision in Brown v. Board of Education had what effect on the decision
L/ made in Plessy v. Ferguson?
b. It showed that precedent can be overruled and IS not binding in every situation.
c. It applied the Doctrine of Stare Decisis
d. It showed that the Constitution IS not subject to interpretation
e. It applied the principle of preemption
f. It followed precedent.
2) Someone who believes that law is a reflect on of those in power, believes in which
school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School
e. The Psychological Schoo
1'1\ hich of the following is a false statement regarding the citizenship and immigration
~liCY of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today In the United States.
e. Immigration laws are administered and enforced by the United States Customs and
Immigration Service.
4) The remedy, orelief that was available In the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
b4
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21500,0);(0,0);(0,21493);(21500,21493)posrelh0posrelv0pib
{1
Business
Law
65
6) When statutes are organized by tOPIC the
resulting compilation of law is known as:
a. precedent.
b. a code
c. civil law.
d. topical presentation
e. common law.
7) Which of the following IS not empowered to establish administrative agencies?
a. A state executive branch.
b. Concress
c. A federal or state judicial branch
d. A state leoislative branch.
e. The federal executive branch.
~ For which of the following in the U.S. Congress can the number to which a state is
~ entitled change over time?
a. All members of the U S. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives
e. Representatives.
foi~he power of the federal government to make treaties with Native American Nations
~egarding land and land use s derived from the:
a. Privileqes and Immunities Clause.
b. Supremacy Clause.
...
BAM 521 Publisher Pearson Prentice Hal, Business Law .docxikirkton
BAM 521
Publisher:
Pearson Prentice Hal,
Business Law
Text: Contemporary Business and Online Commerce Law
Sixth Edition, 2009
ISBN: 10 013-601500-X
Author(s):
Henry R Cheeseman
shapeType75fBehindDocument1pWrapPolygonVertices8;4;(21497,0);(0,0);(0,21487);(21497,21487)posrelh0posrelv0pib
a.
Business Law
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
~The court's decision in Brown v. Board of Education had what effect on the decision
~ made in Plessy v. Ferguson?
b. It showed that precedent can be overruled and IS not binding in every situation.
c. It applied the Doctrine of Stare Decisis
d. It showed that the Constitution IS not subject to interpretation.
e. It applied the principle of preemption
f. It followed precedent.
2) Someone who believes that law is a reflect on of those in power, believes in which
school of jurisprudential thought?
a, The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School
e. The Psychological School
(""hiCh of the following is a false statement regarding the citizenship and immigration
~liCY of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the 1920s.
c. The immigration quota policy was repealed after World War II.
d. There is an immigration quota policy in effect today In the United States.
e. Immigration laws are administered and enforced by the United States Customs and
Immigration Service.
4) The remedy, or relief that was available in the law courts of England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute arose.
e. Any of the above, and any other remedy determined to be fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
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'Business
Law
65
6) When statutes are organized by topic the
resulting compilation of law is known as:
a. precedent.
b. a code.
c. civil law.
d. topical presentation
e. common law.
7) Which of the following IS not empowered to establish administrative agencies?
a. A state executive branch.
b. Concress.
c. A federal or state judicial branch
d. A state leoislative branch.
e. The federal executive branch.
f7:J For which of the following in the U.S. Congress can the number to which a state is
~ entitled change over time?
a. All members of the U.S. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives
e. Representatives.
Ia? ~e power of the federal government to make treaties with Native American Nations
L/r~~arding land and land use IS derived from the:
a. Privileces and Immunities Clause.
b. Supremacy C ...
Andre is in 11th grade at his local public high school. He wants t.docxjustine1simpson78276
Andre is in 11th grade at his local public high school. He wants to take the school’s ballet class as one of his required electives but the school only allows girls to enroll in the class. Andre sues under the 14th Amendment. How will a court determine the result?
a. The court will apply strict scrutiny and the school will have to demonstrate that the rule is necessary to promote a compelling state interest
b. The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is rationally related to a legitimate goal
c. The court will apply minimal scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest
d. The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest
Marcel is picnicking in a crowded local park. He decides he would be more comfortable naked, so takes off all his clothes. He can only enjoy a few more bites of his lunch before he is arrested for violating city ordinances about public nudity. Marcel sues. If the court finds that Marcel’s actions do not warrant First Amendment protection, it is probably because:
a. His nudity was not intended to convey a particularized message.
b. There were children at the park.
c. He was not speaking while he was naked.
d. The Federal government does not regulate this issue, so state law controls.
Eloise plans to build an addition on her house that she will operate as a bed and breakfast. The town rejects her plans, on the grounds that she must first obtain an expensive commercial building permit. Eloise argues that she is just modifying her own residence that she owned the residence before the commercial permit legislation was passed, and therefore does not need the expensive permit. At the court hearing on her case, the town mayor serves as judge. This is:
a. proper procedural due process, because Eloise has a chance to be heard
b. a violation of the Commerce Clause
c. a violation of procedural due process requirements
d. a violation of substantive due process requirements
To protect Native Americans, the Federal government passes a law prohibiting their taxation. Oklahoma amends its own tax law, adding a small tax on Native Americans. Is the Oklahoma law constitutional?
a. No, the statute violates the Supremacy Clause.
b. Yes, police powers are reserved for the states.
c. Yes, because Congress does not have authority over state taxes.
d. No, the statute violates the dormant Commerce Clause.
You begin work at Everhappy Corp. at the beginning of November. On your second day at work, you wear a political button on your coat, supporting your choice for governor in the upcoming election. Your boss glances at it and says, “Get that stupid thing out of this office or you’re history.” You protest that his statement violates your constitutional r.
5Final ExaminationBCJ 240 Procedures in the Justice Sy.docxalinainglis
5
Final Examination
BCJ 240 Procedures in the Justice System
Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
Typically, the lowest-level court(s) in a given state is/are: 1.
courts of general jurisdiction.a.
the state supreme court.b.
intermediate appellate courts.c.
courts of limited jurisdiction. d.
Each state has its own highest court, typically referred to as: 2.
superior courts.a.
intermediate appellate courts.b.
state supreme courts.c.
courts of limited jurisdiction. d.
At the federal level, the lowest-level trial court is referred to as: 3.
U.S. Supreme Court.a.
U. S. courts of appeals.b.
district courts.c.
trial courts. d.
When an appellate court reverses a lower court’s decision, it: 4.
nullifies or sets aside a trial verdict. a.
adjudicates the case.b.
sends the case to a higher court for reviewc.
sets the defendant free.d.
When an appellate court agrees with a lower court’s decision, it _____ that decision. 5.
reversesa.
affirmsb.
remandsc.
vacates d.
In order for a case to reach the Supreme Court, the court must decide whether it wants to 6.
hear the case. If the Supreme Court agrees that case is worth deciding, it issues what is
known as a:
lex loci.a.
jus cogens.b.
certiorari.c.
writ of certiorari.d.
6
Final Examination
BCJ 240 Procedures in the Justice System
Which of the following is NOT a reason a “bright-line” decision may be helpful? 7.
It promotes consistency.a.
It promotes clarity and predictability.b.
It is ambiguous. c.
It is subject to very little interpretation. d.
Police conduct that is considered reasonable by the police officer engaged in the conduct is 8.
referred to as:
subjective reasonableness.a.
objective reasonableness.b.
reasonable objectiveness.c.
unreasonable objectiveness. d.
The term “objective reasonableness” in criminal procedure refers to: 9.
what a single individual believes is reasonable.a.
what a reasonable person believes is reasonable.b.
what a jury believes is reasonable.c.
what a reasonable person would do or feel under the circumstances. d.
Judicial restraint refers to: 10.
limiting decisions to the facts of each case.a.
deciding cases based on additional, hypothetical situations.b.
interpreting complex legal issues.c.
relying on case law to determine outcomes. d.
The past Supreme Court requirement that a physical intrusion by authorities must have taken 11.
place to violate one’s privacy is referred to as the:
electronic communication protection doctrine.a.
privacy doctrine.b.
trespass doctrine.c.
physical protection doctrine. d.
7
Final Examination
BCJ 240 Procedures in the Justice System
In the Section 1983 context, the requirement that the plaintiff (i.e., the party suing) 12.
generally has to prove that the defendant officer intended for the violation to occur is
referred to as
liabilitya.
credibilityb.
accountability c.
culpability d.
.
SECTION IIntroduction to Law Final Exam Instructions Instructor A.docxzenobiakeeney
SECTION I
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
The following True/False and Multiple Choice questions cover the material introduced in Chapters 1-2; 4, 6, and 7-8. Each question is worth two (2) points. Please indicate (T) for True or (F) for False for the True/False Statements. For Multiple Choice, please select the letter that corresponds to the best response. There are 50 questions in this section. This section is worth 50 points.
A. LEGAL SYTSTEM, COURTS, AND LEGISLATION
All but which of the following are examples of special courts in the federal system:
a. U.S.TaxCourt
b. U.S. Bankruptcy Court
c. U.S.CourtofFederalClaims
d. Pierce County Superior Court
e. U.S.CourtofAppealsfortheArmedForces
Which of the following statements IS NOT true as it relates to the authority of the U.S. Supreme Court?
TheU.S.SupremeCourtisthefinalauthorityonallmattersoffederal jurisdiction.
The primary function of the Supreme Court is one of review.
The key element in the Supreme Court’s authority is that a federal issue must be at stake, either in the form of the parties (diversity
jurisdiction) or in the constitutionality of a state or federal law.
Every case may be submitted to the United States Supreme Court for
review.
Alloftheabovestatementsaretrue.
Judicial review refers to the system by which each branch of government can use its specially designated powers to make sure the other branches act within their constitutionally prescribed limits.
The principle of stare decisis precludes the court from correcting erroneous decisions that were previously issued.
Final Exam Page 2
Introduction to Law Final Exam Instructions Instructor: A. Jarmon
B. INTRODUCTION TO CIVIL PROCEDURE (LECTURE)
The party responding to a civil action has the initial burden of proof.
Equity law is the body of law developed by the courts that serves as precedent for the determination of later controversies.
Quasi-in-rem jurisdiction refers to the ability of a court to exercise jurisdiction over a person involved in litigation in the state in which the court is situated.
Subject matter jurisdiction refers to the authority of a particular court to hear a matter. If the court does not have proper subject matter jurisdiction, the judgment rendered is void.
Where there is diversity of the parties and the amount in controversy exceeds $75,000, the plaintiff may file his action in state court and only upon agreement of the other party, can it be removed to federal court.
10.Under the due process clause, a Washington court may not assert personal jurisdiction over a person unless:
a. Thepersonisgivenadequatenotice
b. The person is given an opportunity to be heard
c. Thepersonhashad“minimumcontacts”withtheforumstate d. A,B,&C
e. A&B
11.The doctrine of preemption precludes states from making laws on matters for which another state has already created regulations.
12.Which of the following is a remedy that can be obtained from a court of
equity?a. Amaxim
b. Speci.
The primary purpose of a mediator is to facilitate settlement of a.docxssusera34210
The primary purpose of a mediator is to facilitate settlement of a dispute between the parties.
True
False
The two most common types of bankruptcy filed by business are a reorganization bankruptcy and a liquidating bankruptcy.
True
False
Section 402A of the Uniform Commercial Code governs the law of Strict Liability in a commercial setting.
True
False
Which of the following types of law are intended specifically to provide a system of compensation for injuries done by virtue of conduct deemed by the law to be inappropriate?
A) Substantive Law
B) Criminal Law
C) Procedural Law
D) Civil Law
The three primary theories of Product Liability are tortuous negligence, strict liability and contract warranty.
True
False
Burglary is the crime of stealing something from somebody.s house or building at night.
True
False
Litigation involving criminal law are typically initiated by legal counsel for the victim of the crime.
True
False
An automatic stay is in force upon filing of a bankruptcy and acts to stop a creditor from repossessing any collateral.
True
False
Courts represent the primary mechanism for the enforcement of law in the United States.
True
False
The concept of .observing corporate formalities. relates to failure to observe GAAP when reporting profit and loss to the Securities and Exchange Commission.
True
False
Baseball is specifically exempted from coverage under the Sherman Act, but not so with regard to Football.
True
False
Which of the following is not one of the general categories of torts?
A) Strict liability
C) Conversion
C) Negligence
D) Intentional.
The law of contracts in most states is entirely a matter of Common Law.
True
False
What differs in a defamation suit when the plaintiff is a public figure, as opposed to when the plaintiff is not a public figure?
A) The plaintiff need not prove actual injury to the reputation.-
B) The plaintiff can recover even when the statement is a mere opinion
C) The plaintiff must prove that the statement was made with malice
D) The plaintiff must prove that the statement was made in writing.
Laws of the United States are enforceable within foreign countries so long as United States companies or citizens are involved as one of the parties.
True
False
Any case in the United States may be automatically appealed directly to the United States Supreme Court if one of the litigants is unsatisfied with the outcome; the Supreme Court always has the final say in any litigation in the country.
True
False
C Corporations and S Corporations technically differ only with regard to the treatment of their net income with regard to sales taxation as administered by the International Revenue Service.
True
False
Which of the following terms pertains to the admission of evidence at a trial:
A) Eminent Domain
B) Full Faith and Credit
C) Probative Value
D) Revocation of Offer
Administrative Agencies often establish regulations pursuant to the legislative power de ...
Similar to Business Law Multiple Choice Questions (Enter your answers on th.docx (20)
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Evaluate the role of leadership on organizational behavior
Provide the name of the corporation you will be using as the basis for this project.
Provide the organization’s purpose or mission statement.
Describe the organization's industry.
Provide the name and position of the person interviewed during this portion of the assignment (indicate as much pertinent information (e.g., length of service with company, previous roles in the company, educational background, etc.).
Provide the list of interview questions you asked the manager/executive.
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Power and politics
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Select one of the case studies below, and include in your discussion an evaluation of the presence and effects of alteration in the homeostatic state secondary to gender, genetic, ethnic, and temporal variables.
Requirements:
Make sure all of the topics in the case study have been addressed.
Cite at least three sources; journal articles, textbooks or evidenced-based websites to support the content.
All sources must be within 5 years.
Do not use .com, Wikipedia, or up-to-date, etc., for your sources.
Case Study 1
Structure and Function of the Respiratory System
Brad is 45 years old and has been working as a coal cutter in a mine for the last 25 years. He likes the job because it pays well and the same mine had employed his father. Like many of his colleagues, Brad has had problems with a chronic cough. He has avoided his annual checkups for fear that he will be told he has “black lung,” or coal worker’s pneumoconiosis. The disease causes fibrosis, decreased diffusing capacity, and permanent small airway dilation. In later stages, pulmonary capillaries, alveoli, and airways are destroyed.
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In general terms, what mechanisms in lung disease can affect diffusing capacity across alveolar membranes? Use the Fick law to explain your answer.
Case Study 2
Respiratory Tract Infections, Neoplasms, and Childhood Disorders
Patricia was called at work by a woman at the local daycare center. She told Patricia to come and pick up her son because he was not feeling well. Her son, three-and-a-half-year-old Marshall, had been feeling tired and achy when he woke up. While at daycare, his cheeks had become red and he was warm to touch. He did not want to play with his friends, and by the time Patricia arrived, he was crying. Later that afternoon, Marshall’s condition worsened. He had fever, chills, a sore throat, runny nose, and a dry hacking cough. Suspecting Marshall had influenza, Patricia wrapped him up and took him to the community health care clinic.
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Describe the pathophysiology of the influenza virus. Outline the properties of influenza A antigens that allow them to exert their effects in the host.
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Case Study 3
Disorders of Ventilation and Gas Exchange
Emmanuel and his mother live in an.
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EV 551 Hazardous Materials Assessment – Summer2020
Homework 1 – 40 points
1. Which of the following is not a part of the HAZWOPER process:
a.
Recognition of hazards
b.
Evaluation of hazards
c.
Control of hazards
d.
Information gathering
e.
Safety from hazards
f.
All are part of the process
2.
Hazardous waste site workers must:
a.
Receive 40-hour OSHA 1910.120 training plus 24 hours of field supervision if exposed over the PEL
b.
Receive 40-hour training plus 8 hours field supervision if exposed below the PEL and when respirators are not required
c.
8-hour annual refresher training
d.
All of the above
3.
First Responder Operations level training allows persons to:
a.
Witness or discover a release
b.
Perform defensive actions
c.
Stop the release
d.
A and B are true
e.
All of the above
4.
Recognition of hazards includes:
a.
Identifying the materials involved in the release
b.
Identifying the degree of hazards present
c.
Provide the level of protection needed for site workers
d.
A and B are correct
e.
All of the above
5.
The most important response activity at a hazardous waste work site is:
a.
Evaluation of hazards
b.
Control of hazards
c.
Recognition of hazards
d.
Safety precautions
6.
Frequent hazard types found at response sites include:
a.
Physical hazards
b.
Biological hazards
c.
Chemical hazards
d.
Mechanical hazards
e.
All of the above
7.
The purpose of initial control activities is to:
a.
Immediately assess clean up alternatives
b.
Provide time to responders to address long-term hazards
c.
Slowly size up response activities
d.
Both A and B are correct
e.
None of the above
8.
Spill reporting is covered by which of these federal regulations:
a.
Superfund
b.
DOT
c.
RCRA
d.
Clean Water Act
e.
A, B, and D are correct
9.
The effects of toxic materials on the human body are determined by:
a.
Routes of exposure
b.
Dose
c.
Duration and frequency of exposure
d.
All of the above
10.
What are the four major pathways that chemical substances can enter the body?
a.
___________________________________________________
b.
___________________________________________________
c.
___________________________________________________
d.
___________________________________________________
11.
What is the primary route of exposure to hazardous waste site workers or incident
responders?
a.
Ingestion
b.
Dermal absorption
c.
Inhalation
d.
Both a and b are correct
12.
Dermal absorption may occur with which form(s) of a chemical:
a.
Solid
b.
Liquid
c.
Aerosol
d.
Mist
e.
All of the above
13.
The dose-response curve illustrates:
a.
The indirect relationship between dose and response
b.
The direct relationship between dose and response
c.
The average number of affected individuals
d.
None of the above
14.
For most chemicals, a low dose does that does not show an appreciable hazard to exposed individuals is called the:
a.
LOAEL
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Health History and Medical Information
Health History
Mrs. J. is a 63-year-old married woman who has a history of hypertension, chronic heart failure, and chronic obstructive pulmonary disease (COPD). Despite requiring 2L of oxygen/nasal cannula at home during activity, she continues to smoke two packs of cigarettes a day and has done so for 40 years. Three days ago, she had sudden onset of flu-like symptoms including fever, productive cough, nausea, and malaise. Over the past 3 days, she has been unable to perform ADLs and has required assistance in walking short distances. She has not taken her antihypertensive medications or medications to control her heart failure for 3 days. Today, she has been admitted to the hospital ICU with acute decompensated heart failure and acute exacerbation of COPD.
Subjective Data
Is very anxious and asks whether she is going to die.
Denies pain but says she feels like she cannot get enough air.
Says her heart feels like it is "running away."
Reports that she is exhausted and cannot eat or drink by herself.
Objective Data
Height 175 cm; Weight 95.5kg.
Vital signs: T 37.6C, HR 118 and irregular, RR 34, BP 90/58.
Cardiovascular: Distant S1, S2, S3 present; PMI at sixth ICS and faint: all peripheral pulses are 1+; bilateral jugular vein distention; initial cardiac monitoring indicates a ventricular rate of 132 and atrial fibrillation.
Respiratory: Pulmonary crackles; decreased breath sounds right lower lobe; coughing frothy blood-tinged sputum; SpO2 82%.
Gastrointestinal: BS present: hepatomegaly 4cm below costal margin.
Intervention
The following medications administered through drug therapy control her symptoms:
IV furosemide (Lasix)
Enalapril (Vasotec)
Metoprolol (Lopressor)
IV morphine sulphate (Morphine)
Inhaled short-acting bronchodilator (ProAir HFA)
Inhaled corticosteroid (Flovent HFA)
Oxygen delivered at 2L/ NC
Critical Thinking Essay
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Evaluate the parameters of various ethical decision-making approaches.
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Analyze an ethical dilemma using an ethical decision-making approach.
Assess the validity of a resolution suggested by a selected ethical decision-making approach.
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Evaluate at least (2) factors that make financial statement analys.docxhumphrieskalyn
Evaluate at least (2) factors that make financial statement analysis essential to management, investors, and creditors. Provide a rationale for your response.
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The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
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Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Instructions for Submissions thorugh G- Classroom.pptx
Business Law Multiple Choice Questions (Enter your answers on th.docx
1. Business Law
Multiple Choice Questions (Enter your answers on the enclosed
answer sheet)
1) The court's decision in Brown v. Board of Education had
what effect on the decision
made in Plessy v. Ferguson?
a. It showed that precedent can be overruled and is not
binding in every situation.
b. It applied the Doctrine of Stare Decisis.
c. It showed that the Constitution is not subject to
interpretation.
d. It applied the principle of preemption.
e. It followed precedent.
2) Someone who believes that law is a reflection of those in
power, believes in which
school of jurisprudential thought?
a. The Analytical School.
b. The Natural School.
c. The Command School.
d. The Historical School.
e. The Psychological School.
3) Which of the following is a false statement regarding the
citizenship and immigration
policy of the United States?
a. Immigration quotas are different for each foreign country.
b. The first immigration quota policy was enacted in the
1920s.
c. The immigration quota policy was repealed after World
War II.
d. There is an immigration quota policy in effect today in the
United States.
e. Immigration laws are administered and enforced by the
United States Customs and
Immigration Service.
2. 4) The remedy, or relief, that was available in the law courts of
England was:
a. specific performance.
b. monetary awards for damages.
c. fines and imprisonment.
d. returning the parties to their positions before the dispute
arose.
e. Any of the above, and any other remedy determined to be
fair in the particular case.
5) Chancery Courts were also known as:
a. Criminal Courts.
b. Equity Courts.
c. Legal Remedy Courts.
d. Merchant Courts.
e. Law Courts.
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6) When statutes are organized by topic, the resulting
compilation of law is known as:
a. precedent.
b. a code.
c. civil law.
d. topical presentation.
e. common law.
7) Which of the following is not empowered to establish
administrative agencies?
a. A state executive branch.
b. Congress.
c. A federal or state judicial branch.
d. A state legislative branch.
e. The federal executive branch.
8) For which of the following in the U.S. Congress can the
3. number to which a state is
entitled change over time?
a. All members of the u.s. Congress.
b. Senators.
c. Both Senators and representatives.
d. Neither senators nor representatives.
e. Representatives.
9) The power of the federal government to make treaties with
Native American Nations
regarding land and land use is derived from the:
a. Privileges and Immunities Clause.
b. Supremacy Clause.
c. First Amendment.
d. Commerce Clause.
e. Equal Protection Clause.
10) If there is an area of interstate commerce that the federal
government has chosen not
to regulate, the states can:
a. not regulate in that area because states cannot pass laws
affecting interstate com-
merce.
b. regulate in that area so long as the state law does not
unduly burden interstate com-
merce.
c. not regulate in that area because the federal government's
decision to not regulate in
an area implies that there is to be no regulation in that area at
any level.
d. regulate without restriction in that area.
e. regulate in that area so long as it first gets the requisite
approval from Congress.
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4. 11) In relation to freedom of speech:
a. commercial speech receives no protection due to its profit
motive.
b. all speech receives the same degree of Constitutional
protection.
c. commercial speech receives the same protection as any
other speech or any person.
d. it is not an absolute right.
e. most speech critical of the government can be restricted
because such speech can be
destabi I izi ng.
12) Substantive due process requires that:
a. a defendant not be tried twice for the same crime.
b. a notice and hearing be given before one is deprived of
life, liberty or property.
c. a criminal defendant have an attorney present at all times.
d. government statutes, ordinances and regulations be clear
and not overly broad.
e. a law treat all persons the same.
13) Assume that Congress passes a statute that bans the use of
personal watercraft on
any body of water before 8:00 a.m. and after 9:00 p.m. Congress
based its passage
of the law on its authority to regulate interstate commerce
because it believed that
fewer persons would buy personal watercraft because of this
law. In a constitutional
challenge, most likely:
a. the law would be found unconstitutional because any effect
on interstate commerce is
too remote for this to be a valid exercise of federal power.
b. the law would be constitutional because of the federal
government's police power.
c. the law would be found to violate the Equal Protection
Clause because it applied on
water, but not on land.
5. d. the law would be found constitutional only if it did not
conflict with a valid state law.
e. the laws would likely be a violation of equal protection
rights under the U.S. Constitu-
tion.
14) Judges for federal courts are selected:
a. by the sitting federal judges within the same circuit.
b. by the President, subject to confirmation by the Senate.
c. by the Supreme Court justices.
d. by election by the voters within the state where they
preside.
e. by nationwide election.
15) The Court of Appeals for the Federal Circuit is the appellate
court for:
a. federal Circuit Courts.
b. the U.S. Tax court and U.S. Bankruptcy Court.
c. federal district court cases.
d. the Court of Claims, the Patent and Trademark Office and
the Court of International
Trade.
e. both C and D.
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16) In most cases, following a decision by the Circuit Court of
Appeals:
a. either party has a right to have the Supreme Court review
the merits of the case.
b. either party can request that the Supreme Court review the
merits of the case, but the
Supreme Court denies this request in most cases.
c. the case cannot be appealed further.
d. the Circuit Court of Appeals decision must be reconfirmed
by the District Court where
6. the case was origi na lIy tried.
e. either party can request that the Supreme Court review the
merits of the case, with
the request being granted unless the Circuit Court of Appeals
decision was clearly
correct.
17) Which of the following is true regarding federal question
jurisdiction?
a. There is a dollar-amount limit of $75,000 on federal
question cases that can be
brought in federal court.
b. There is a dollar-amount limit of $100,000 on federal
question cases that can be
brought in federal court.
c. There is no dollar-amount limit on federal question cases
that can be brought in fed-
eral court.
d. There is a dollar-amount limit of $50,000 on federal
question cases that can be
brought in federal court.
e. There is a dollar-amount limit of $10,000 on federal
question cases that can be
brought in federal court.
18) When parties to a contract agree upon which state court
will have jurisdiction should
litigation become necessary, that contract clause is called a:
a. jurisdiction selection clause.
b. choice-of-Iaw clause.
c. standings clause.
d. venue selection clause.
e. forum-selection clause.
19) Which of the following pleadings could typically be filed by
a defendant in a lawsuit?
a. Answer and complaint.
b. Complaint and cross-complaint.
c. Cross-complaint and reply.
7. d. Answer and cross-complaint.
e. Motion to intervene and complaint.
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20) When an appellate court receives a case appealed to it, it
will:
a. retry the case with a new jury.
b. review the record of the trial court so see if there were any
errors of law made by the
judge.
c. review the jury's verdict to see if the appellate court
judges would have reached the
same result.
d. review the record to see if it would have made the same
decision as the jury.
e. retry the case with the appellate court judge acting as the
jury.
21) In general, an appellate court might typically reverse which
of the following?
a. The trial court's conclusions of law.
b. The jury's findings of fact.
c. Both A and B.
d. Neither A nor B.
e. The trial court's findings of fact.
22) Arbitrators and mediators are also called:
a. impartials.
b. disinteresteds.
c. dispassionates.
d. neutrals.
e. equitables.
23) The best description of misappropriation of the right to
publicity is:
a. publicizing private information about someone without
8. that person's consent.
b. publishing the creative work of another and claiming that
it is yours.
c. claiming credit for the accomplishments of another.
d. publicly claiming to have accomplished something that you
have not accomplished.
e. attempting to use another living person's name or identity
for commercial purposes
without that person's consent.
24) A landowner owes a duty of ordinary care to:
a. licensees and invitees.
b. licenses and invitees only if business activities are
involved.
c. invitees only.
d. licensees only.
e. none of the above.
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Business Law
25) Sam, who weighs 250 pounds, calls his 110 pound
girlfriend, Alice, one morning
while she is at work. He says, "You are to stay in your office
until midnight. If you
come to my house before midnight, I will make you sorry that
you did." Assuming
that Alice usually leaves her office at 5:00pm but stays until
midnight that night
because of the threat, if Alice files a false imprisonment case
against Sam, a court
most likely will find that:
a. there was no false imprisonment because Sam and Alice
previously knew one another.
b. there was false imprisonment because Sam's threat forced
Alice to stay in the office.
c. there was no false imprisonment because Alice could have
left the office and stayed
9. away from Sam's house, and because the threat related to future
harm.
d. there was false imprisonment only if Alice can prove she
reasonably feared Sam.
e. there was no false imprisonment because Alice's office was
not a prison, even though
it might have felt like one to Alice.
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Business Law
Multiple Choice Questions (Enter your answers on the enclosed
answer sheet)
1) Which of the following is true about crimes?
a. Recklessness never provides a sufficient criminal intent.
b. Criminal liability exists only if there is a victim who
suffered damages.
c. A criminal defendant will be found guilty whenever the
jury believes it is more likely
than not that the defendant committed the crime.
d. Torts always accompany crimes, although the civil case is
often not brought.
e. For some crimes recklessness provides a sufficient
criminal intent.
2) Sam is charged with the crime of theft and has also had a
civil suit filed against him
by the victim. Which of the following could not be a consistent
outcome?
a. Not guilty in the criminal case, not liable in the civil case.
b. Guilty in the criminal case, not liable in the civil case.
c. Not guilty in the criminal case, liable in the civil case.
d. Guilty in the criminal case, liable in the civil case.
e. Both A and D.
3) Which of the following is true about how plea bargaining
usually works?
a. A defendant pleads guilty to the charged crime or to a
10. lesser offense in exchange for
receiving a lighter sentence than if the defendant were to be
tried and found guilty of
the original charges.
b. A defendant who is serving a prison sentence for a crime
the defendant was convicted
of can get the sentence reduced for good behavior, community
service or similar rea-
sons.
c. A defendant waives certain constitutional rights in
exchange for a lighter sentence.
d. A defendant waives the right to a jury trial and the judge
determines guilt or inno-
cence.
e. Both C and D.
4) Which is true about corporate criminal liability?
a. Because a corporation cannot be sent to prison, they
generally cannot be held crimi-
nally liable for the actions of their officers.
b. If the criminal conduct can be traced to a specific person
or persons, those persons
will be liable and not the corporation.
c. Corporations have never been subject to criminal liability
because they cannot go to
jail.
d. There can be liability for both the individuals who commit
crimes and for the corpora-
tion on whose behalf the crimes were committed.
e. There can be no liability for individual employees of a
corporation, but the corporation
can be held responsible for the crimes committed.
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11. 5) Which of the following statements is true?
a. The attorney-client privilege is the only privilege that has
been recognized under the
Fifth Amendment.
b. Even if immunity from prosecution has been granted, the
defendant may still refuse
to testify.
c. The guarantee has been extended to include all business
records and documents.
d. The Fifth Amendment guarantee against self-incrimination
does prohibit the taking of
fingerprints against a suspect's will.
e. The Fifth Amendment guarantee against self-incrimination
does not prohibit the tak-
ing of fingerprints against a suspect's will.
6) The Miranda decision requires that a criminal suspect be
notified of the following
except:
a. the fact that anything the suspect says may be used against
the suspect.
b. the right to have an attorney appointed if the suspect
cannot afford one.
c. the right to a trial by jury.
d. the right to have a lawyer present during interrogation.
e. the right of the suspect to remain silent.
7) The following can properly be the subject of a patent except:
a. asexually reproduced plants.
b. conceptual ideas.
c. designs for manufactured objects.
d. mechanical processes.
e. compositions of matter.
8) Which of the following is true about copyright law in the
United States?
a. A work must be published in order to receive copyright
protection.
12. b. A copyright is not created by the process of registration.
c. A copyright must be registered before public disclosure of
the copyrighted material.
d. State copyright laws supplement the federal copyright
laws.
e. Both C and D.
9) Countries began entering into treaties with each other that
provided protection of
international property rights in the:
a. only since 2000.
b. 1700s.
c. 1600s.
d. 19005.
e. 1800s.
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10) John has invented a device to monitor the tire pressure on
bicycle tires. This de-
vice consists of a tire pressure sensor on the tire with a radio
transmitter and a receiv-
er mounted on the handlebars to give a readout of the pressure.
The radio transmit-
ter is similar to existing designs, but one has never been used in
this way. The
product cannot be produced for less than $120, but John's
preliminary marketing
studies indicate that the product could not be sold for more than
$25. Which of the
followi ng is true?
a. John cannot get a patent because the transmitter part is not
a new invention.
b. John can get a provisional patent which would provide
limited protection until he can
13. redesign it so that it can be made for under $25.
c. John cannot get a patent because the inability to produce
the product at a cost low
enough to sell it means that it does not meet the usefulness
requirement.
d. John can obtain protection for his invention even if
someone else files a patent ap-
plication for the same invention so long as John actually
invented his first and only if
he pays a fee of $1,000.
e. John can obtain protection for his invention even if
someone else files a patent appli-
cation for the same invention so long as John actually invented
his first.
11) Business law teacher Sue Smith copies 5 pages out of a
999 page book in the library
for use in class. Ms. Smith did not want her students to have to
purchase the entire
book because of the expense involved. A grumpy library
assistant calls the publisher
of the book and informs on Ms. Smith. Is Ms. Smith in trouble?
a. It is unlikely that Ms. Smith will be in trouble because her
use of a few pages would
probably constitute a "fair use" under trademark law.
b. Yes, Ms. Smith will be liable for trademark violation
because the students should have
been required to buy the book.
c. Yes, Ms. Smith will be liable for copyright violation
because the students should have
been required to buy the book.
d. It is unlikely that Ms. Smith will be in trouble because her
use of a few pages would
probably constitute a "fair use" under copyright law.
e. Ms. Smith will be liable for copyright violation only if she
made a profit from the use.
12) Wh ich of the followi ng statements is true regard i ng the
14. relationsh i p of law and eth ics?
a. The legal requirements will almost always be the same as
the ethical requirement
because the law is based on the ethical standards.
b. In some cases ethics will require a higher standard of
conduct than the law, but never
vice versa.
c. In some cases the law will require a higher standard of
conduct than ethics, but never
vice versa.
d. There is a disagreement about legal standards of conduct
but not about ethical stan-
dards of conduct.
e. Depending on the circumstances, the law can require a
higher, lower, or the same
standard of conduct as ethics demands.
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13) Someone who believes that moral decisions should be
made such that the greatest
amount of good in total results from the actions, believes in
which moral theory?
a. Kantian ethics.
b. Rawls's distributive justice theory.
c. Utilitarianism.
d. Ethical fundamentalism.
e. Ethical relativism.
14) A criticism of utilitarianism is that:
a. moral and ethical rules are too rigid and fixed over time.
b. some persons would take actions that they believe to be
moral, but which most per-
sons in society believe to be immoral.
c. decisions require the measurement of qualities that are not
15. subject to precise mea-
surements.
d. decisions are not allowed to take into account an
individual's station or place in soci-
ety.
e. Both C and D.
15) Rawls's promoted which of the following?
a. The belief that the moral rules should be determined by
persons who have a "veil of
ignorance" about their place or station in society.
b. The belief that a person must decide what course of action
is proper based on that
person's own set of beliefs or feelings.
c. Determining which course of action produces the greatest
amount of good for the
greatest number of people.
d. A set of universal rules based on reasoning which must be
applied in all situations
and are characterized by reversibility.
e. The consultation of an outside source, such as a book or
person, for guidance.
16) Big Green Company is considering introducing a new
product to replace an existing
product. The new product would result in increased revenues,
but slightly lower over-
all profits because the product will cause injury to a few users
and Big Green will
compensate persons who are injured. The introduction of this
product would be the
proper decision under:
a. the moral maximum theory, but not under the moral
minimum theory.
b. neither the moral minimum theory nor the profit
maximization theory.
c. both the moral minimum theory and the profit
maximization theory.
16. d. the moral minimum theory, but not under the profit
maximization theory.
e. the profit maximization theory, but not under the moral
minimum theory
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B
17) Under the objective theory of contracts, a contract could
result from an offer made:
a. due to fraud.
b. due to a need to sell an item quickly.
c. by someone who clearly had Alzheimer's disease.
d. under duress.
e. by someone who was clearly intoxicated.
18) Under the objective theory of contracts, whether or not a
contract exists is based on:
a. the statutory offers.
b. the objective contractor standard.
c. the judicial standard.
d. the objective constitutional standard.
e. the reasonable person standard.
19) What is required for a contract to be an express contract?
a. It is performed immediately after formation.
b. It is performed for mutual benefit.
c. It is stated in words.
d. It is written and signed.
e. All of the above.
20) A contract under seal is called a/an:
a. quasi contract.
b. informal contract.
c. bilateral contract.
d. express contract.
17. e. formal contract.
21) An agreement that is lacking consideration:
a. wi II not be an enforceable contract, but may be enforced
under the theory of prom is-
sory estoppel.
b. is void as against public policy.
c. is not enforceable, and thus cannot be performed.
d. is enforceable only if in writing.
e. will be enforced only against the party who gave
consideration.
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22) Offeror says, "I'll sell you my car for $15,000." Offeree
says, "I accept your offer but
will pay $14,000." What is true at this point?
a. This was a conditional acceptance.
b. Offeror must sell car to Offeree if Offeree gives Offeror
$15,000.
c. There are two open offers.
d. The offeree's statement was a revocation of the $15,000
offer.
e. The only open offer is for $14,000.
23) Mary promises to give her car to her friend. The friend
sells his current car at a fairly
low price because he is expecting to get a nearly new car at no
cost from his rich and
generous friend, Mary. Mary changes her mind and decides to
keep the car. If the
friend sues Mary, the court most likely will:
a. based on the theory of promissory estoppel, require Mary
to pay damages to the friend
18. for any loss he incurred in connection with Mary's not keeping
her promise.
b. require Mary to give her friend the car because Mary made
an illusory promise.
c. require Mary to give her friend the car because his sale of
his car was consideration.
d. not require Mary to do anything unless it can be proven
that she subjectively intended
to cause her friend monetary difficulty.
e. not require Mary to do anything because this was a gift
promise.
24) Which of the following is not true?
a. What constitutes a necessary varies over time and can
differ from state to state.
b. A minor can still disaffirm a contract for a reasonable time
after reaching majority.
c. A minor does not have to wait until reaching majority to
disaffirm a contract.
d. In most states a minor who misrepresents his or her age
has no duty to place the
com petent party in status quo if the minor disaffirms the
contract.
e. A minor must pay the agreed price on a contract for
necessaries.
25) Kathy purchased a used car from Mint Motors, Inc. on her
sixteenth birthday and will
be making 48 monthly payments to Mint. Thirteen months later,
the car was stolen
and was never recovered. Which of the following statements is
correct?
a. The car's theft is an automatic ratification of the contract
because it is now
impossible to return the car.
b. Kathy ratified the contract by driving the car for thirteen
months.
c. Kathy may demand a new car from Mint as a penalty for
19. dealing with a minor.
d. Kathy may not disaffirm the contract if she ratified the
contract either orally or in
writing prior to the theft..
e. Kathy may disaffirm the contract because she is a minor.
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Multiple Choice Questions (Enter your answers on the enclosed
answer sheet)
1) In general, what is the effect of one party being mistaken
about the subject matter of
a contract?
a. The mistaken party can rescind the contract.
b. Either party can rescind the contract, and the mistaken
party can recover damages.
c. Neither party can rescind the contract or recover damages.
d. Either party can rescind the contract and/or recover
damages.
e. Either party can rescind the contract.
2) In Krysa v. Paine, where Paine's Car Company was found
to have committed fraud
in the sale of a truck to Krysa, what did the court rule regarding
the punitive damages
award?
a. Punitive damages are allowed at 9: 1 in cases involving
personal injury but in con-
tracts must adhere to a 3: 1 ratio.
b. Punitive damages are limited to 9: 1 in all cases.
c. Punitive damages should never have a cap or their function
as a deterrent and punish-
ment would be lost.
d. Punitive damages are not available in a fraud action based
on a contract.
e. Punitive damages of 27:1 are permitted in cases of extreme
fraud.
3) The knowledge of a statement's falsity, or the "guilty
20. mind," in a fraud in the induce-
ment case is also known as:
a. parol knowledge.
b. justifiance.
c. reliance.
d. scienter.
e. guilty intent.
4) Andre has made a statement that the average person would
realize is puffery. Andre
is guilty of:
a. duress.
b. fraud.
c. innocent misrepresentation.
d. undue influence.
e. nothing.
5) In Wilson v. Western National Life Insurance Company,
involving the party who lied
allegedly regarding prior drug abuse in order to obtain life
insurance, what was
the holding of the court when the party later died from a drug
overdose?
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a. The life insurance company had to pay the proceeds
because if the plaintiff's medical
records had been consulted, the drug abuse would have been
discovered.
b. The life insurance did not have to pay the proceeds only
because the deceased's wife
was unaware of the misrepresentation.
c. The life insurance had to pay the proceeds because the
deceased's wife actually paid
the premiums.
d. The life insurance company had to pay the proceeds
because the plaintiff was not
21. using drugs during the time the application for insurance was
made.
e. The life insurance company did not have to pay the
proceeds because of the conceal-
ment of the drug abuse.
6) Undue influence is characterized by one party being put at
a disadvantage in a con-
tract due to:
a. a party taking advantage of superior knowledge about the
subject matter in a contract.
b. a party taking advantage of a fiduciary relationship.
c. a party taking advantage of the other party's legal
circumstances.
d. a party taking advantage of economic advantage in a
transaction.
e. a party taking advantage of it being less urgent for that
party to reach an agreement.
7) If a judge rules that a party has lost its case because of the
Statute of Frauds, the
judge has essentially stated that:
a. the losing party was found by the court to have lied, and
will therefore lose the case.
b. the losing party purposely deceived the other party about a
material fact.
c. the losing party cannot enforce an oral contract that should
have been in writing.
d. the winning party has proven criminally fraudulent conduct
on the part of the losing
party.
e. the losing party is not allowed to introduce evidence to
contradict a written agree-
ment.
8) Frank had a bicycle that he advertised for sale, honestly
believing it to be a 1999
model even though it was actually a 1996 model. There were
significant improve-
22. ments in the frame material, not readily apparent, made between
1996 and 1999 to
this model bicycle. The buyer believed Frank's statement that it
was a 1999 model,
and was excited to be getting a model incorporating the
improvements. After discov-
ering that the bike was actually a 1996 model, the buyer could
avoid the contract on
the basis of:
a. unilateral mistake.
b. fraud.
c. mutual mistake.
d. Band C.
e. none of the above.
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9) The owner of a gym tells Ruppert that if he joins the gym
for a year and hires a per-
sonal trainer, his body will be more attractive to women and his
life will change for-
ever. Ruppert joins and hires a personal trainer, but otherwise
his life remains the
same. The statements of the gym owner could be described as:
a. statements of fact.
b. statements of opinions.
c. predictions about the future.
d. both Band C.
e. A, Band C.
10) Which of the following is the false statement?
a. A legal right arisi ng from a breach of contract may be
assigned.
b. The same right can be assigned more than once.
c. You must get everyone's consent to make a novation.
d. Purely mechanical duties are not delegable.
e. There is a guarantor in a delegation.
23. 11) When there has been an assignment of rights under a
contract, who has a duty to
notify the obligor of the assignment?
a. The assignor.
b. The assignee.
c. Both the assignor and the assignee.
d. Neither the assignor nor the assignee.
e. Whichever party is nearer the obligor geographically.
12) When an obi igor transfers her obi igation to perform a
contract duty to another, th is is
known as am).
a.
delegation.
b.
accord.
c.
den igration.
d.
assignment.
e.
stipulation.
13) When there is an accord and satisfaction, when are the
duties under the original con-
tract discharged?
a. When the accord is formed.
b. When the duties of the original contract are fully
performed by one of the parties.
c. When the original contract is breached.
d. When the duties under both the original contract and the
accord are fully performed
by both parties.
e. When the duties under the accord are fully performed by
both parties.
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14) Which of the following is true?
a. If a contract can be performed, but doing so has become
illegal, performance will be
discharged on the basis of impossibility.
b. A party can generally get out of a contract if it had entered
into the contract without
all information relevant to the contract.
c. Death of a party will always result in discharge of that
party's duties.
d. A seller's duty to sell goods is discharged due to
impossibility if the seller is unable to
acquire the goods from its normal supplier.
e. Both A and B.
15) WorldRest Hotels has contracted with QuickBuild
Construction to build a 650-bed
hotel in Downtown Dallas. Marty has entered into a lease
agreement for retail space
in an adjacent building to open a gift shop catering to the hotel
guests. QuickBuild
was aware of Marty's lease agreement. QuickBuild breached its
contract with Worl-
dRest by not completing the hotel until seven months after the
contractual due date.
Because the hotel was late opening and there were seven months
when the hotel had
no guests, Marty lost considerable profits in the retail shop.
Marty has sued Quick-
Build to recover these lost profits. Which of the following is
true?
a. Marty is a donee beneficiary of QuickBuild's contract to
build the hotel.
b. Because QuickBuild is now in debt to Marty for the lost
profits, Marty is a creditor
beneficiary of the hotel construction contract.
c. Marty can recover in the situation on the basis of an
25. assignment of rights.
d. Marty cannot recover because Marty is an incidental
beneficiary of the hotel construc-
tion contract.
e. The court would likely order QuickBuild to delegate its
duties on future contracts so
that they are finished on time.
16) What is tender of performance in connection with a
contract?
a. Performance whose terms have been ordered by the court.
b. One party's completion of duties under the contract.
c. An unconditional offer by a contracting party to perform
his or her obligations under a
contract.
d. A party's offering substitute performance that is superior
to the performance called for
in the contract.
e. A party's offering to perform prior to full payment.
17) What kind of damages will be awarded when there is no
actual financial loss?
a. Special damages.
b. Nominal damages.
c. Compensatory damages.
d. Consequential damages.
e. There are no damages that a court will award in the
absence of an actual financial
loss.
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18) What does the term "mitigation" refer to in connection with
damages?
a. The calculation of lost profits in determining damages.
b. The combination of the different kinds of damages into a
single dollar amount.
c. The duty of the breaching party to make a damages
payment as soon as practical.
26. d. The requirement of the non-breaching party to allow the
breaching party one final
chance to perform the contract before being entitled to collect
damages.
e. The duty of a non-breaching party to make reasonable
efforts to reduce damages.
19) What is the modern rule for who gets to keep an
engagement ring given by the man to
the woman if the planned wedding does not occur?
a. It must be returned to the man regardless of who broke off
the engagement.
b. It will be based on who was determined by the court to be
more at fault in causing the
engagement to be broken off.
c. It will go to the party who has the least financial resources
at the time the engage-
ment is broken.
d. The party who did not break off the engagement gets to
keep it.
e. The woman can keep it regardless of who breaks off the
engagement.
20) What was the result in the Ethics Spotlight in the book in
which "Kurupt" was alleg-
edly induced by Death Row Records to breach an exclusive
recording agreement with
the Brumfield?
a. Death Row Records was held liable for the tort of
intentional interference with a con-
tract but could not be held liable for punitive damages.
b. Death Row Records was held liable for the tort of
intentional interference with a con-
tract but could not be held liable for compensatory damages.
c. Death Row Records was not held liable for anything
because the plaintiff had been
prosecuted for fraudulent activities, and Death Row Records
assisted the singer in
27. avoiding a bad deal.
d. Death Row Records was not held liable for the tort of
intentional interference with a
contract.
e. Death Row Records was held liable for the tort of
intentional interference with a con-
tract, and was held liable for compensatory and punitive
damages.
21) In Reno, Attorney General of the United States v.
American Civil Liberties Union,
involving a law restricting the sending of certain sexually
oriented information over the
Internet, the U.S. Supreme Court ruled that:
a. the Telecommunications Act of 1996 violated the U.S.
Constitution for its restrictions
on the transfer of indecent material over the Internet.
b. the Communications Decency Act violated the U.S.
Constitution for its restrictions on
the transfer of indecent material over the Internet.
c. the Internet had grown to a point that it should be placed
into private ownership that
could contract regarding sexual content with individual service
providers.
d. the Communications Decency Act did not violate the U.S.
Constitution in any manner.
e. individual states could decide whether the
Telecommunications Act of 1996 violated
the U.S. Constitution.
212
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22) In order to obtain a domain name, one must:
a. obtain clearance from the U.S. Patent and Trademark
office that the name is not con-
fusingly similar to another name, and pay the appropriate fee.
b. verify that the name is not already taken, complete a
28. registration form, and pay the
appropriate fee.
c. apply for the name with the appropriate county agency;
state the purpose for which
the name will be used; and if the use is approved, pay the
appropriate fee.
d. apply for the name and, if within the waiting period, there
are no objections to the ap-
plicant taking the name, pay the appropriate fee.
e. post notice at the Network Web office of the intent to use
the name, directly notify
parties who might object to obtain their waiver of objection, and
pay the appropriate
fee.
23) The Counterfeit Access Device and Computer Fraud and
Abuse Act makes it illegal to
do each of the following except:
a. access a computer to knowingly obtain financial records of
financial institutions.
b. access a computer to knowingly obtain grades and personal
information pertaining to
students at a college or university.
c. access a computer to knowingly obtain restricted
governmental information.
d. access a computer to knowingly obtain consumer reports of
consumer reporting agen-
cies.
e. all of the above are illegal under the Counterfeit Access
Device and Computer Fraud
and Abuse Act.
24) Under the Uniform Computer Information Transactions
Act, the licensee can revoke
acceptance of the information if:
a. there is a material breach and discovery of the
nonconformity was difficult at the time
of delivery but was later discovered.
29. b. there is a breach of any kind and discovery of the
nonconformity was difficult at the
time of delivery but was later discovered.
c. there is a material breach and after discovering the
nonconformity at the time of
del ivery, the I icensor agreed to cure the defect, but has not
done so.
d. there is a breach of any kind, and after discovering the
nonconformity at the time of
del ivery, the I icensor agreed to cure the defect, but has not
done so.
e. A or C will allow the licensee to revoke acceptance.
25) The Electronic Communications Privacy Act makes it a
crime to do which of the fol-
lowing?
a. To intercept an electronic communication while in transit.
b. To intercept an electronic communication at the point of
transmission.
c. To intercept an electronic transmission when stored by a
router or server, or after
receipt by the intended recipient.
d. Both A and B.
e. A, B, and C.
213
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Business Law
Multiple Choice Questions (Enter your answers on the enclosed
answer sheet)
1) What is the definition of "goods" under Article 2 of the
UCC?
a. "Goods" are defined as tangible things that are immovable
at the time of their identi-
fication to the contract.
b. "Goods" are defined as fixtures.
c. "Goods" are defined as intangible things that are
30. immovable at the time of their iden-
tification to the contract.
d. "Goods" are defined as intangible things that are movable
at the time of their identifi-
cation to the contract.
e. "Goods" are defined as tangible things that are movable at
the time of their identifica-
tion to the contract.
2) Regarding differences under Article 2 of the UCC in the
treatment of merchants and
nonmerchants, which is true?
a. Article 2 holds merchants to a lower duty than
nonmerchants.
b. Article 2 applies to merchants, but never to nonmerchants.
c. Article 2 contains several provisions that either apply only
to merchants or impose a
greater duty on merchants.
d. Article 2 does not differentiate at all between merchants
and nonmerchants, and they
are treated the same under all circumstances.
e. None of the above is true.
3) Where a contract for the sale of goods does not mention
the place of delivery for the
goods, which of the following is true?
a. The seller is obligated to deliver the goods to the buyer's
place of business.
b. The contract fails for failure to state a material term.
c. The seller is obligated to deliver the goods at the seller's
place of business.
d. Sellers without a place of business are obligated to deliver
the goods at the seller's
home.
e. Both C and D are true.
4) Under the UCC, if an offer is received by mail, the
acceptance:
a. can be made by another means, but only if the offer so
31. states.
b. must also be made by mail.
c. can be made in any commercially reasonable manner.
d. is effective on Iy once it is received by the offeror.
e. can be canceled by the offeree at any time during the
period of a firm offer.
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Business Law
271
5) The parol evidence rule would not allow which of the
following items into evidence
when interpreting a written contract?
a. Evidence of the meaning of a term in the parties' line of
business that differs from the
meaning of that term in everyday language.
b. Evidence based on prior conduct in similar contracts
between the parties to explain
the meaning of an ambiguous term in the contract.
c. Evidence of a price change agreed upon after the contract
was signed.
d. Evidence of an oral statement regarding the contract price
made when the written
contract was signed that was different from the price in the
written contract.
e. All the above would be allowed into evidence under the
parol evidence rule.
6) What is required to meet the writing requirement of the
statute of frauds under the
UCC?
a. I n cases where both parties are merchants, a writi ng
signed by the party to be charged
or a written confirmation of an oral agreement that is sent by
one party to the other
32. and not objected to by the other party; in all other transactions,
a writing signed by
the party to be charged.
b. I n cases where at least one party is a merchant, either a
writi ng signed by the party
to be charged or a written confirmation of an oral agreement
that is sent to the mer-
chant and not objected to by the merchant; in transactions not
involving a merchant,
a writing signed by the person to be charged.
c. I n cases where both parties are merchants, a writing
signed by the party other than
the party to be charged at the end of the document.
d. In all cases, a writing signed by the party to be charged.
e. In all cases, a writing signed by all parties to the contract.
7) Which of the following is true relating to a "firm offer"
under the UCC?
a. It must be in writing and signed by the merchant.
b. It can be made only by a merchant.
c. It may provide that the offer remain open for any period of
time up to six months.
d. A, Band C.
e. A and B only.
8) Susan decides to buy new carpet for her home. She goes to
Carpet City and chooses
the carpet she likes. As part of the deal, Carpet City agrees to
install the carpet. The
carpet is installed while Susan is at work. When she returns
home and sees it, Susan
immediately notices problems. The carpet is not the same
quality of carpet she or-
dered, and the color is off. Does the UCC apply, and why or
why not?
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Business Law
33. 272
a. The UCC does not apply because the deal with Carpet City
included service that is not
covered by the UCC.
b. The UCC does not apply because it does not apply to
mixed contracts of goods and
services.
c. The UCC applies because it applies to service contracts as
well as to contracts for the
sale of goods.
d. The UCC applies because the predominant part of the
transaction between Susan and
Carpet City was the sale of goods.
e. The UCC does not apply because Susan and Carpet City
did not agree in writing be-
fore the carpet was installed that the UCC would apply.
9) Which of the following situations creates a sale that falls
under UCC sales law rules?
a. Dr. Mackey agrees to teach at Pollak university for 1 year.
b. Abc rentals rents a cement mixer to Isabel.
c. Katherine makes a contract to purchase a shed that requires
assembly. The contract
price is for $8,000.00 which includes $400.00 for labor.
d. Allison contracts to pay Mike $880.00 to have her bedroom
painted. $800.00 is
for labor and $80.00 is for the paint.
e. All of the above are UCC sales contracts.
10) Seller who is located in Atlanta, Georgia contracted to sell
a shipment of peaches to
the 1910 fruit gum company located in Buffalo, New York. The
peaches were sold
f.o.b. Buffalo. Seller delivered the peaches to the proper carrier
in Atlanta and the
peaches were destroyed during shipping. Under these facts:
a. Seller bears the risk of loss and is responsible.
34. b. Seller and buyer share the risk of loss.
c. This is a trick question; goods can't be shipped f.o.b.
Buffalo.
d. Buyer bears the risk of loss and is responsible.
e. Neither the seller nor the buyer bear risk of loss, the
carrier bears the risk of loss.
11) Which of the following is true regarding a shipment
contract?
a. Such contracts require the seller to bear the risk of loss to
the goods during their
transportation.
b. The risk of loss does not pass until the goods are tendered
to the buyer at the speci-
fied destination.
c. It requires the seller to deliver conforming goods to the
buyer by use of the seller's
own trucks.
d. It requires the seller to ship goods conforming to the
contract to a buyer via a carrier.
e. It requires the seller to deliver conforming goods to a
specific destination.
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Business Law
273
12) When a seller breaches a contract for the sale of goods by
delivering nonconforming
goods that are so nonconforming that the buyer has the right to
reject them, the risk
of loss:
a. is unaffected by the seller's breach.
b. is transferred to the buyer as a matter of law within 24
hours.
c. remains on the seller until the nonconformity is cured or
the buyer accepts the non-
35. conform i ng goods.
d. remains on the seller indefinitely.
e. is transferred to the buyer upon delivery of the
nonconforming goods, but is trans-
ferred back to the se Iler if the buyer returns the goods.
13) Under Article 2A of the UCC, for which types of lease(s)
is the risk of loss on the les-
sor d uri ng the term of the lease?
a. Ordinary leases.
b. Both ordinary and finance leases.
c. Finance leases.
d. Neither ordinary nor finance leases.
e. Loss-shifting leases.
14) In Lindholm v. Brandt, when Malmberg sold Lindholm's
"Red Elvis" to Brandt, the
court found that:
a. Malmberg had been entrusted with the artwork but had a
void title because he
breached the terms of the entrustment so he couldn't pass good
title to Brandt.
b. Malmberg had been entrusted with the artwork and could
pass the voidable title to
Brandt because Brandt qualified as a good faith purchaser.
c. Malmberg had stolen the artwork and could pass the void
title to Brandt because
Brandt qualified as a good faith purchaser.
d. Malmberg had been entrusted with the artwork and could
pass the void title to Brandt
because Brandt qualified as a good faith purchaser.
e. Malmberg had stolen the artwork, so he couldn't pass his
void title to Brandt.
15) Josh had a computer that needed repair. He took the
computer to a used computer
dealer that repaired computers as well. While talking with the
owner, Josh learned
that the owner also knew how to repair bicycles. Josh happened
36. to need some re-
pairs done on his bike, so he left it at the computer shop as
well. A week later, Josh
went to pick up his bike and computer. When he got to the
store, the owner said he
had bad news. He had hired a new employee who was totally
incompetent and had
sold a number of items that were in for repair. He sold both
Josh's computer and his
bike. The store owner knows who purchased them from the
credit card records. In
this situation, assuming he can locate the purchasers, Josh can
recover:
a. his computer, but not his bike.
b. both his bike and his computer.
c. his bike, but not his computer.
d. neither his bike nor his computer.
e. the computer only if Josh can establish that the purchases
had not resold it.
16) Assuming that goods are nonconforming and that the
nonconformity substantially
impairs their value to this buyer, which of the following
additional factors must be
present for a valid revocation of the acceptance of goods?
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Business Law
a. Nothing else is necessary to revoke the acceptance of the
goods.
b. The goods were accepted on the reasonable assumption
that the seller could and
would cure the nonconformity.
c. The goods were accepted before the nonconformity was
discovered, and the noncon-
formity was difficult to discover.
d. Both Band C must be present in order to revoke the
37. acceptance of the goods.
e. If either B or C is present, the acceptance of the goods can
be revoked.
17) Which of the following must be met in every instance in
order to revoke an accep-
tance of goods?
a. The seller's promise to cure the nonconformity has not
been met.
b. The seller must have fully paid for the goods prior to
revocation.
c. The nonconformity is one that substantially impairs the
value of the goods.
d. The goods were accepted before discovery of the
nonconformity and the seller had
assured the buyer that the goods were conforming.
e. The goods were accepted before discovery of the
nonconformity and the nonconfor-
m ity was one that was d iffic u It to discover.
18) Which of the following is true regarding the rights of the
buyer or lessee if the goods
fai I to conform to the sales or lease contract in any way?
a. The buyer or lessee may accept the whole.
b. The buyer or lessee may reject the whole.
c. The buyer or lessee may accept any commercial unit and
reject the rest.
d. Both A and B are true.
e. Both A, B, and C are true.
19) What is the right of the buyer or lessee to purchase or rent
substitute goods if the
seller or lessor fails to make delivery of the goods called?
a. The right to recovery.
b. The right to purchase.
c. The right to cover.
d. The right to recoup.
e. The right to capture.
20) What are the rights of the aggrieved party if an anticipatory
38. repudiation occurs?
a. The aggrieved party may await performance by the
repudiating party for a commer-
cially reasonable time.
b. The aggrieved party must await performance for 7 days.
c. The aggrieved party may await performance for 48 hours.
d. The aggrieved party may treat the contract as breached at
the time of the anticipatory
repudiation, which gives the aggrieved party an immediate
cause of action.
e. Both A and D.
21) Which of the following is presumed to become part of the
"basis of the bargain"?
274
BAM 521
Publisher:
Pearson Prentice Hall
Business Law
Text: Contemporary Business and Online Commerce Law
Sixth Edition, 2009
ISBN: 10: 0-13-601500-X
Author(s):
Henry R. Cheeseman
BAM 521
Publisher:
Pearson Prentice Hall
Business Law
Text: Contemporary Business and Online Commerce Law
Sixth Edition, 2009
ISBN: 10: 0-13-601500-X
Author(s):