Florida State College BUL 329213 final exam

| March 14, 2016

bus law 1 final exam

Question 1

6 out of 6 points

The United States Supreme Court decision in Brown v. Board of Education says that pursuant to the doctrine of stare decisis, courts cannot overrule or change a prior court decision.

• Question 2

0 out of 6 points

The federal government has any powers that the Constitution does not give to the states.

• Question 3

6 out of 6 points

Based on the common law tradition, past court decisions become ____________ for deciding future cases.

• Question 4

6 out of 6 points

The party who has appealed the decision of a trial court or lower court is called the:

• Question 5

0 out of 6 points

The legislative branch of the U.S. government can change laws that have been interpreted by the Supreme Court.

Answer

• Question 6

6 out of 6 points

The two main functions of the U.S. Constitution are to:

Answer

• Question 7

0 out of 6 points

Under what circumstances can a state impose a tax on goods that are imported into the state from another nation?

• Question 8

6 out of 6 points

There are no juries in United States District Courts and in United States Courts of Appeal.

Answer

• Question 9

6 out of 6 points

Only unanimous decisions of the U.S. Supreme Court become precedent.

Answer

• Question 10

6 out of 6 points

If the U.S. Supreme Court reaches a tie decision:

• Question 11

6 out of 6 points

In connection with the pleadings in a lawsuit, what is the “answer”?

Answer

• Question 12

6 out of 6 points

What is “voir dire”?

Answer

• Question 13

0 out of 6 points

Punitive damages can be recovered only in strict liability, intentional tort cases.

Answer

• Question 14

6 out of 6 points

The tort of assault and battery:

Answer

• Question 15

6 out of 6 points

The tort doctrine that shifts the burden of proof in a case from the plaintiff to the defendant is:

Answer

• Question 16

6 out of 6 points

In the crime of larceny, the taking is the actus rea.

Answer

• Question 17

6 out of 6 points

The two general elements that are necessary to prove guilt in a criminal case are:

Answer

• Question 18

6 out of 6 points

Ethical relativism allows an individual to evaluate the ethics of his action based on his own feelings about what is ethical.

Answer

• Question 19

6 out of 6 points

The Golden Rule “Do unto others as you would have them do unto you” is most directly reflected in which moral/ethical theory?

Answer

• Question 20

0 out of 6 points

Common law as a source of the law of contracts comes:

Answer

• Question 21

6 out of 6 points

Alan decides that the best way to get a promotion would be to have his supervisor killed. He hires a hit woman to kill his supervisor. This contract would be described as:

• Question 22

0 out of 6 points

In an auction, when can the seller reject the highest bid and not sell the item?

• Question 23

6 out of 6 points

When a minor voluntarily leaves home and lives apart from his/her parents, this is called:

Answer

• Question 24

0 out of 6 points

The UCC requires that a contract for the purchase of land costing $501 be in writing.

Answer

• Question 25

6 out of 6 points

Which of the following can prevent there being genuine assent to a contract?

Answer

• Question 26

6 out of 6 points

The knowledge of a statement’s falsity, or the “guilty mind”, in a fraud in the inducement case is also known as:

Answer

• Question 27

6 out of 6 points

Frank has a bicycle that he advertised for sale, honestly believing that it was a 1999 model even though it was actually a 1996 model. There were significant improvements in the frame material between 1996 and 1999, though those improvements could not be seen. The buyer believed Frank’s statement that it was a 1999 model, and was excited to be getting a model that had the improved frame material. After discovering that the bike was actually 1 1996 model, the buyer could avoid the contract to buy the bicycle on the basis of:

Answer

• Question 28

6 out of 6 points

If the price of goods is omitted in a contract for the sale of the goods, a “reasonable “ price will be implied when the goods are delivered under the UCC.

Answer

• Question 29

6 out of 6 points

The proper relationship between the common law of contracts and the UCC regarding sales is:

Answer

• Question 30

6 out of 6 points

Which of the following is true regarding contract modifications under the UCC.

Answer

• Question 31

0 out of 6 points

Which of the following situations creates a sale that falls under UCC sales law rules?

Answer

• Question 32

6 out of 6 points

“F.O.B. point of shipment” requires the seller to arrange to ship goods and put the goods in the possession of the shipper.

Answer

• Question 33

6 out of 6 points

Transactions in which a seller entrusts possession of goods to a buyer on a trial basis are classified as “regular sales”.

Answer

• Question 34

6 out of 6 points

Under Article 2 of the UCC, in which of the following does the risk of loss shift to the buyer upon the buyer taking possession of the goods?

Answer

• Question 35

6 out of 6 points

What is the term for the seller’s right to make the shipment conform under some circumstances if the seller delivers nonconforming goods?

Answer

• Question 36

6 out of 6 points

If the seller breaches a contract for the sale of goods and the buyer then acquires substitute goods from another source, this is known as the buyer’s right:

Answer

• Question 37

0 out of 6 points

Grinning Pig Restaurant contracts to purchase 100 specially-manufactured tablecloths with its logo of a smiling pig on them. After the seller completes the tablecloths, Grinning Pig Restaurant wrongfully refuses to accept or pay for the tablecloths. The tablecloths cannot be sold to anyone else because of the log. If the seller of the cloths sues the Grinning Pig Restaurant, what is the proper measure of damages that the seller can recover?

Answer

• Question 38

0 out of 6 points

Most of the major antitrust statutes provide for criminal penalties.

Answer

• Question 39

0 out of 6 points

Which of the following statements is false?

Answer

• Question 40

6 out of 6 points

In State Oil Company v. Khan, the court said that the rule of reason applied to which of the following distributor actions?

Answer

• Question 41

6 out of 6 points

To be guilty of monopolization, a defendant must:

Answer

• Question 42

6 out of 6 points

The unfair advantage theory is most often applied when analyzing a:

Answer

• Question 43

0 out of 6 points

Under the Clean Air Act, states have the option to prepare a state implementation plan if the state does not want the EPA to prepare the plan.

Answer

• Question 44

0 out of 6 points

Under the Clean Air Act, states have the option to prepare a state implementation plan if the state does not want the EPA to prepare the plan.

Answer

• Question 45

6 out of 6 points

Which of the following is not required to be included in an environmental impact statement?

Answer

• Question 46

6 out of 6 points

Regions that do not meet air quality standards are designated:

Answer

• Question 47

6 out of 6 points

“Vesting” as used in a pension plan means:

Answer

• Question 48

6 out of 6 points

Which of the following statutes provides employees with the right to collectively bargain?

Answer

• Question 49

0 out of 6 points

Title VII of the Civil Rights Act applies to all employers, regardless of the number of employees that an employer has.

Answer

• Question 50

6 out of 6 points

The Americans With Disabilities Act does not require an employer to provide an accommodation to a disabled employee under what circumstances?

Answer

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