Which of the following is not true?
The plaintiff s required level of proof to win a civil trial is greater than in a criminal trial.
The victim of a crime may be able to bring a civil lawsuit against the alleged criminal.
After a criminal defendant has been found not guilty, the victim may still bring a civil suit for damages against the same defendant if the victim has not already done so.
Procedural protections for defendants are greater in criminal cases than in civil cases.
The person empowered by the corporation to receive notice of lawsuits against it, is called the:
In a suit between Delta Data Company and Eagle Information, Inc., the court applies the doctrine of stare decisis. This requires the court to find cases that, compared to the case before it, have
entirely different facts.
no facts, only conclusions of law.
precisely identical facts.
the same or similar facts.
Which of the following is true regarding contracts
A contract that is completely performed by all parties is called an executory contract.
A contract that has been completely performed by one party, but not the other, is called an executed contract.
A contract that has been performed by A but not by B is executory as to B and executed as to A.
To be enforceable, a contract must be executed.
Ellen assigns to Fred her rights under a contract with Gil. Ellen’s rights under the contract
are extinguished and set up in Fred.
continue until the contract is fully executed.
continue until Gil performs his obligations under the contract.
continue until Fred receives Gil’s performance.
Which of the following events cause the dissolution of a partnership?
Admission of a new partner.
A partner assigning her partnership interest to a nonpartner.
A creditor obtaining a charging order.
A partner's demand for an accounting.
Andy is an officer for Beta Corporation. When acting for Beta in ordinary business situations, Andy is
an agent only.
an agent and principal.
a principal only.
neither an agent nor a principal
Nora signs a contract to provide routine lawn-mowing services to Owen. Nora delegates her duty under the contract to Pat. Owen can compel performance from
neither Nora not Pat.
Pat or, if Pat does not perform, Nora.
A wholesale distributor who is named in a product liability suit based on strict liability could avoid liability if:
The plaintiff had not purchased the product causing the injury.
The distributor exercised reasonable care in all ways with respect to the product causing the injury.
This product had been used for many years by other users without injury.
This defect which caused the injury occurred after the product left the distributor.
X offers to sell Y a computer. Y sends an acceptance via the mail. This acceptance is generally effective when it is
sent or dispatched.
Which of the following is not a correct statement?
Under the principle of comity, a foreign business that deals with a U.S. business in the U.S. may be subject to U.S. law.
Alternative dispute resolution
refers to methods for resolving a dispute outside the traditional court system.
An arbitrator can never render a legally binding decision since he or she is not a traditional judge.
Most online dispute resolution services automatically apply the laws of India since that country is well known as a “high-tech” academic and business center
Which of the following is a false statement?
Essentially, corporate income is taxed twice when it is distributed to shareholders as dividends under U.S. tax and business laws.
A limited liability company (LLC) limits the liability of its members in the United States for business debts.
A general partnership for liability purposes is not usually considered a legal entity apart from its owners under U.S. laws.
Agreements to form a partnership always must be written under U.S. laws since there could be disagreements between partners otherwise.
Which of the following is a false statement?
The U.S. Constitution
expressly states that Congress has the power to regulate interstate commerce.
When state regulations in the U.S. impinge on interstate commerce, commerce must yield to the state regulations, no matter how heavy the burden placed on the commerce since states possess sovereignty within their borders.
When there is a direct conflict between a federal and state law in the U.S., the state law is rendered invalid.
Some federal constitution protections in the U.S. apply to business entities such as corporations.
Which of the following is a true statement?
The Federal Trade Commission
is the federal agency in the U.S. that is empowered to prevent and punish unfair and deceptive marketing and advertising practices in trade or commerce.
The Consumer Products Safety Commission in the U.S. prohibits manufacturers from selling and marketing products unless they are marked with the agency’s official “seal of approval.”
Common law legal doctrines no longer apply to polluters in the U.S. since they are so big and powerful and thus can only be regulated by federal statutory law.
An environmental impact statement is required in the U.S. for all federal and state government development projects and for all proposed federal and state legislation.
The bylaws of a corporation:
Take precedence over the article of incorporation.
Must be filed in the appropriate state office.
Are not binding on the officers and directors of the corporation.
Govern the internal management of the corporation and typically would include the time and place of the annual shareholder’s meeting.