What types of petitions can be filed by indigent litigants who cannot afford to hire a lawyer to write and file a petition for them? A. In formal pauperism 2. Discovery is designed to prevent trial by surprise a. True 13. Under Article II, a.
The President has the power to nominate judges with the advice and consent of the Senate 14. The dual system of government in the United States is called federalism a. True 15. Which of the following questions cannot be answered by our legal system? A.
Which party is the most moral? Week 2 1.
The restricts the states’ abilities to regulate commerce, rather than the federal governments. A. Dormant commerce clause 2. The U.
S. Constitution and its amendments contain all of the following EXCEPT: a. Expansive power granted to the federal government 3. The U. S.
Constitution created the structure of the federal government to include which of the following branches? A. Executive, Legislative, Judicial 4. Which Of the following best describes the term habeas corpus? A. The right to seek release from unlawful detention by petitioning a neutral judge 5.
Which of the following is NOT a common method of TAR? A.
Litigation 6. The Fourteenth Amendment a. Prevents any state from depriving citizens of their rights without “ due process of law’ 7. Congress has the power to “ pay the debts and provide for he common defense and general welfare.
” This is known as Spending power 8. Which of the following acts prohibits discrimination against citizens based on race, color, national origin, and sex? A. The Civil Rights Act 9. A party’s “ bottom line” in a negotiation is known as a A. Reservation point 10.
Some states permit the sale of alcohol on Sundays, while others prohibit it. Some states permit casino gambling, while others do not. A few states permit same-sex marriage, while many do not. All these are examples of a.
Police power 1 1 . Which of the following distinguishes mediation from negotiation? . Involvement of third party 12. The establishment clause a.
Prohibits the government from establishing a religion 13. Federalism refers to a. The division and sharing of power between state and federal governments 14. The Eighth Amendment a.
Prohibits “ cruel and unusual” punishment Week 3 1 . Which of the following is a major advantage of sole proprietorships? A. Autonomy comes with total ownership of the business’s finances 2. Many companies choose to incorporate in the tiny state of Delaware because . A. The chancery courts there have developed a reputation for fairly ND quickly applying a very well-developed body of corporate law 3.
Exists when there is intentional discrimination against a member of a protected class a. Disparate treatment 4. What is the most common form of doing business in the United States? A.
Sole proprietorship 5.
Discrimination against a majority group is called discrimination a. Reverse 6. Under the doctrine, workers in the United States are free to work for whoever they want to, and employers are free to hire whomever they want to, and fire them at will. A.
Employment at will 7. What is the one truism that binds all businesses together? . The need to make a profit 8. Which Of the following statements about discrimination on the basis Of national origin is true? A. Workplace “ English-only’ rules are illegal unless they are required for the job being performed 9.
What was the main purpose of Title VII a. To integrate African Americans into the mainstream of society 10. A is an association of two or more persons in an unincorporated entity to do business and share profits and losses. A. General partnership 1 1 . Which of the following is the most important of the federal civil rights law? A.
The civil rights act of 1 964 12. The civil rights act of 1 964 has several provisions, but the most important for businesses known widely as a. Title VII 13. Which of the following statements is true about limited liability? A.
It is any type of investment where the investor’s maximum possible loss is the amount invested 14. Under older common law, shareholders could sue a company that conducted business beyond the scope of its articles.
These actions are called Week 4 . A. Ultra virus 1. 1. If a contract concerns an illegal subject matter and a court will not Step in to such a contract to enforce its promises, it is an examples of s a defense to performance a. Impossibility 2.
Which of the following is a promise the law requires in all contracts, regardless of whether the parties state it or not? A.
Implied covenant of good faith and fair dealing 3. This defense is used when a contract contains markedly unfair terms against the party with less bargaining power or sophistication than the party who created the terms and induced the other party to sign it a. Unconscionably 4.
In common law, creates the power of acceptance in another party and includes the agreement’s essential elements, which ml_Just be definite and retain a. Offer 5. Is a type of equitable remedy that may be imposed on parties to avoid injustice, when one party detrimentally relied on another party’s promise a.
Promissory estoppels 6. In common-law contract formation, a avoidable contract refers to the status of a contract that may be terminated due to some defect a.
Avoidable 7. A mandatory arbitration clause is very common in employment contracts a. True 8. Which of the following together form mutual assent? A. Offer and acceptance 9. The Uniform Commercial Code (USC) article 2 a.
Governs contracts between a merchant and the sale of goods 1 moon-law contracts, the acceptance must be a Of the Off constitute valid acceptance a. Mirror image 11.
Casual sellers are also considered merchants for purposes of of the Uniform Commercial Code. A. False 12.
Quasi-contract a. Is a type of equitable remedy that may be imposed on parties etc unjust enrichment to one part at the expense of the other 13. A co clause that restricts competition for a specified period of time, wit’ certain geographic area, and for specified activities is known as a _ compete clause 14. When a legally enforceable promise is broken, the injured part’ damages a. True Week 5 1 .
Strict liability applies when restaurants serve alcohol to visibly IR persons a. True 2.
To prove negligence, plaintiffs have to demonstrate that five ma elements are present a. False 3. An advertisement that promises ‘ the best food in town” is an ex since it is opinion. A.
Puffery 4. Is the written form of defamation. A. Libel 5. Defamation can take place against goods or products instead of 6. In strict product liability, any retailer, wholesaler, or manufacture an unreasonably dangerous product is strictly liable.
A. True 7. Often, the same conduct can be both a crime and a tort 8. Takes place when a person or company uses someone else sickness, or other identifying characteristic without permission.
