Understanding Business and Personal Law

Unit 1: Knowing About the Law

Understanding the Law and Our Legal System

1.
Ethics are
A)the willingness to do the right thing regardless of personal consequences.
B)the means for determining what a society's values ought to be.
C)personal opinions of the majority of the people in a state or country.
D)laws that have been established by a society to provide justice.
2.
The heart of the golden rule is
A)empathy.
B)liberty.
C)pity.
D)sympathy.
3.
The Constitution of the United States
A)define the ethics and morals of this country.
B)contains statutes that each state must enforce.
C)is a framework of the fundamental rights of citizens.
D)is based on Roman common law and the Spanish legal code.
4.
The first ten amendments to the U.S. Constitution are known as the
A)Preamble.
B)federal statutes.
C)supreme laws of the land.
D)Bill of Rights.
5.
Under the doctrine of precedent, judges are required to
A)follow earlier court decisions when deciding a case.
B)give citizens of each state the same rights as they have under the U.S. Constitution.
C)consider that Articles I, II, and III of the U.S. Constitution are the most important.
D)base their decisions on the customs and traditions of the people.
6.
Statutory laws are laws specifically passed by
A)states.
B)any governing body that has been created to make laws.
C)the Supreme Court.
D)the federal government.
7.
The United States system of justice has two major parts. They are the
A)original jurisdiction and appellate jurisdiction.
B)federal system and state systems.
C)special courts and trial courts.
D)district courts and the courts of appeals.
8.
All cases involving major crimes and large amounts of money must begin in a(n)
A)supreme court.
B)intermediate appellate court.
C)general trial court.
D)municipal court.
9.
The main function of the U.S. Supreme Court is
A)to hear all cases involving diversity of citizenship.
B)to hear all cases involving major crimes.
C)original jurisdiction.
D)appellate jurisdiction.
10.
A grand jury is
A)the jury with the final decision making power.
B)a jury of inquiry.
C)seated by the Supreme Court.
D)charged with arraigning the accused.
11.
Mediation and arbitration are forms of
A)reactive ADRs.
B)pleadings.
C)proactive ADRs.
D)jury trials.
12.
When a person is sentenced by the court, it means the
A)judge decides the punishment.
B)jury decides the punishment.
C)person is to receive a new trial.
D)judge will pass the case to an appellate court.
13.
In a criminal proceeding, the state government representing the public is called the
A)peoples' choice.
B)defendant.
C)plaintiff.
D)prosecutor.
14.
The federal government's power to establish the FBI and the DEA comes from the
A)Fifth Ammendment in the U.S. Constitution.
B)Commerce Clause of the U.S. Constitution.
C)legislative branch of the government.
D)Supreme Court.
15.
The two elements of a crime are the
A)criminal act and the defense.
B)required state of mind and the motive.
C)criminal act and the motive.
D)criminal act and the required state of mind.
16.
The defense for entrapment must prove that the crime would not have been committed if
A)there was no motive for the crime.
B)the person had not felt his or her life was in danger.
C)the accused had known what he or she was doing.
D)the police officer had not been involved.
17.
On a rainy night, you have a car accident and kill a pedestrian who is walking on the side of the road. You will probably be charged with
A)involuntary manslaughter.
B)second-degree murder.
C)malice aforethought.
D)voluntary manslaughter.
18.
Giving drugs to an unsuspecting person is considered
A)malice aforethought.
B)involuntary manslaughter.
C)battery.
D)assault.
19.
The legal term for stealing is
A)robbery.
B)larceny.
C)shoplifting.
D)battery.
20.
A tort is a crime committed by one person on another and
A)harms the public at large and is therefore punishable by the government.
B)requires the government to protect society from the individual committing the crime.
C)can result in imprisonment if it is determined to be intentional.
D)leads the wronged party to try and recover money as compensation for the loss or injury suffered.
21.
Defamation is divided into two categories:
A)nuisance and battery.
B)slander and assault.
C)libel and assault.
D)libel and slander.
22.
Your right to know which federal agencies are keeping records on you is protected by the
A)Federal Right to Privacy Act of 1974.
B)Right to Financial Privacy Act of 1983.
C)Records and Rules Management Act of 1972.
D)Civil Rights Law of 1964.
23.
The tort that occurs most often in society today is
A)defamation of character.
B)negligence.
C)invasion of privacy.
D)trespassing.
24.
The four elements of negligence are
A)legal duty, breach of duty, the reasonable person test, and actual harm.
B)legal duty, breach of duty, proximate cause, and actual harm.
C)duty of care, invasion of privacy, proximate cause, and actual harm.
D)contributory duty, comparative duty, assumption of risk, and actual harm.
25.
If a spectator sues for being hit by a baseball at a professional ball game, the ball club may be able to use
A)actual harm as a defense.
B)contributory negligence as a defense.
C)the assumption of risk as a defense.
D)comparative negligence as a defense.
26.
Most people consider the guiding principle of the golden rule is to treat people with respect.
A)TRUE
B)FALSE
27.
Because our nation was founded on a tradition of tolerance, it is extremely rare for our ethics and laws to conflict.
A)TRUE
B)FALSE
28.
The law in the United States comes from two main sources: statutes and court decisions.
A)TRUE
B)FALSE
29.
The United States Constitution consists of five articles and 20 amendments.
A)TRUE
B)FALSE
30.
Courts make law.
A)TRUE
B)FALSE
31.
The Supreme Court is the only court that can change the power of an administrative agency.
A)TRUE
B)FALSE
32.
District courts have appellate jurisdiction over most federal court cases.
A)TRUE
B)FALSE
33.
Early neutral evaluation (ENE) combines the best aspects of mediation and arbitration.
A)TRUE
B)FALSE
34.
Examples of evidence in a civil trial include written contracts, sales slips, and weapons.
A)TRUE
B)FALSE
35.
An injunction is an order to stop someone from performing an act.
A)TRUE
B)FALSE
36.
An indictment allows school officials to search students without a warrant.
A)TRUE
B)FALSE
37.
Persons who have been arrested may be searched without a warrant.
A)TRUE
B)FALSE
38.
Each state government as well as the federal government has inherent police power.
A)TRUE
B)FALSE
39.
In the United States, there are approximately five murders during every 24-hour period.
A)TRUE
B)FALSE
40.
Motive is not considered a crucial part of a criminal case.
A)TRUE
B)FALSE
41.
If you are being attacked in your own home, you do not have to retreat before using force to protect yourself.
A)TRUE
B)FALSE
42.
Burglary and robbery are terms that can be used interchangeably.
A)TRUE
B)FALSE
43.
Crimes against property are considered misdemeanors.
A)TRUE
B)FALSE
44.
A single action can be both a crime and a tort.
A)TRUE
B)FALSE
45.
The law of torts is grounded in the concept of rights.
A)TRUE
B)FALSE
46.
Slander is a false statement in written or printed form that injures another person's reputation.
A)TRUE
B)FALSE
47.
Injury caused by someone's mere carelessness is called strict liability.
A)TRUE
B)FALSE
48.
Most states no longer follow the doctrine of contributory negligence.
A)TRUE
B)FALSE
49.
Under the doctrine of comparative negligence, the amount of the plaintiff's recovery is reduced by the percentage of his or her own negligence.
A)TRUE
B)FALSE
50.
Strict liability may exist even when a defendant was not negligent.
A)TRUE
B)FALSE
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