Business Law (Chapters 3, 4, 5 & 6)

Question 1 2 / 2 pts The supremacy clause is..

Business Law (Chapters 3, 4, 5 & 6)

Question 1

2 / 2 pts
The supremacy clause is a provision of the United States Constitution that_____.

mandates that each state respect and enforce both the judgments awarded by courts in other states, and the statutes and case law of other states.

grants Congress the power to regulate trade with foreign nations, and among the several states, and with the Indian tribes.
Correct!

requires state judges to follow federal law in the event of a conflict with state law.

prohibits the states from discriminating on the basis of race or national origin.

Question 2

2 / 2 pts
If Owen refused to testify on the premise that the information he would divulge would self-incriminate him, he can legally do so under the Fifth Amendment.
Correct!

True

False

Question 3

2 / 2 pts
The Fifth Amendment requires that all persons be granted procedural and _____________ due process:

criminal

questionable

reflective
Correct!

substantive

Question 4

2 / 2 pts
The process of a court deciding whether a law is contrary to the constitution is known as the doctrine of preemption.

True
Correct!

False

Question 5

2 / 2 pts
It is constitutionally acceptable for a municipality to pass a law limiting what a journalist can write or say about a political candidate or issue.

True
Correct!

False

Question 6

2 / 2 pts
The ___________________ is a federal agency established by Congress and tasked with administering and collecting federal income tax:

FDIC.
Correct!

IRS.

FDA.

SEC.

Question 7

2 / 2 pts
The Eighth Amendment mandates that people accused or convicted of crimes are subject to excessive bail.

True
Correct!

False

Question 8

2 / 2 pts
Each constitutional amendment must be proposed by a:

three-fourths vote of Congress.

one-fourth vote of Congress.
Correct!

two-thirds vote of Congress.

one-third vote of Congress.

Question 9

2 / 2 pts
The Internal Revenue Service (IRS) is a federal agency established by Congress and tasked with administering and collecting federal income tax under the Fourteenth Amendment.

True
Correct!

False

Question 10

2 / 2 pts
Under the Fourteenth Amendment, if a law discriminates on the basis of sex, or if the law restricts commercial speech, the state must demonstrate that the law passes the ____________ test.
Correct!

intermediate scrutiny test

effect on conscience test

strict scrutiny test

rational basis test

Question 11

2 / 2 pts
The agencies outside the executive branch that are headed by groups or individuals are created by the:

Supreme Court.
Correct!

Congress.

President.

Senate.

Question 12

2 / 2 pts
The hearings conducted by an administrative agency do not provide for ___________.

due process.

the opportunity to appeal a decision.

the ability to represented by a lawyer.
Correct!

a jury.

Question 13

2 / 2 pts
Administrative agencies:

exist only at the federal level of government.

exist only at the state level of government.
Correct!

exist at all levels of government.

do not exist at the federal level of government.

Question 14

2 / 2 pts
The rules and regulations established by the Consumer Protection Agency resemble the decisions reached in a court of law.

True
Correct!

False

Question 15

2 / 2 pts
An administrative hearing conducted by an administrative agency is in some respects like an informal court trial.
Correct!

True

False

Question 16

2 / 2 pts
After administrators are appointed and approved, it is generally difficult to remove them.
Correct!

True

False

Question 17

2 / 2 pts
The executive function of the Consumer Protection Agency is performed by the agency:
Correct!

director.

supervisor.

superintendent.

clerk.

Question 18

2 / 2 pts
At the federal level, the executive branch is headed by the___________.

mayor.

governor.

senator.
Correct!

president.

Question 19

2 / 2 pts
The executive branch of government sees that all legislation is:

approved.
Correct!

enforced.

enacted.

dismissed.

Question 20

2 / 2 pts
The legislative branch at all levels of government consists of elected representatives who have the responsibility for passing laws that do not consider the will of the people.

True
Correct!

False

Question 1

2 / 2 pts
A felony is a crime punishable by death or imprisonment in a federal or state prison for a term exceeding 9 months.

True
Correct!

False

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Question 2

2 / 2 pts
A misdemeanor is a less serious offense than a ______.

civil wrong

blue-collar crime
Correct!

felony

tort

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Question 3

2 / 2 pts
The act of giving false information on a government form can be an example of:

forgery.
Correct!

perjury.

false pretenses.

treason.

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Question 4

2 / 2 pts
A private wrong that causes injury to another person’s physical well-being, property, or reputation is called a tort.
Correct!

True

False

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Question 5

2 / 2 pts
Securities fraud also encompasses the crime of:

racketeering.

larceny.
Correct!

insider trading.

outsider training.

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Question 6

2 / 2 pts
Burglary is defined as the taking of property in the possession of another person against that person’s will and without the threat of bodily harm.

True
Correct!

False

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Question 7

2 / 2 pts
Crimes that involve activities intended to obtain goods or to deceive others by making false claims are crimes known as false pretenses and are governed by:

ordinances.

contracts..

executive orders.
Correct!

state and federal laws.

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Question 8

2 / 2 pts
A certain action can either be a tort or a crime; it cannot be both.

True
Correct!

False

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Question 9

2 / 2 pts
A crime is an offense against the public at large.
Correct!

True

False

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Question 10

2 / 2 pts
_______ determine(s) what is and what is not a crime.
Correct!

Statutory law

Opinions of legal scholars

Professors in law schools

Public opinion

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Question 11

2 / 2 pts
A nuisance entails the complete taking over of another’s property.

True
Correct!

False

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Question 12

2 / 2 pts
Defamation is a broad term that includes both:

nuisance and libel.
Correct!

libel and slander.

libel and conversion.

grand and petty conversion.

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Question 13

2 / 2 pts
The tort of trade libel is similar to:

libel.

vicarious liability.
Correct!

traditional defamation.

scandal.

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Question 14

2 / 2 pts
A completely fictitious individual who is assumed to have the “judgment and skill” one would expect from a person with the strengths and limitations of the person whose behavior is being judged is:
Correct!

a person of ordinary prudence.

a person with a high IQ.

a person with a legal background.

a person with a criminal background.

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Question 15

2 / 2 pts
Apart from defamatory statements published in books, newspapers, magazines, and websites, the possibility of libel also exists in:

parasailing instruction manuals.
Correct!

business and personal letters.

speech.

cookery guides.

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Question 16

2 / 2 pts
There are no special privileges in making the defamatory statement to any person accused of defamation.

True
Correct!

False

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Question 17

2 / 2 pts
A tort, in contrast to a crime, is a violation of the rights of an identifiable individual or business that has been wronged either intentionally or by negligence.
Correct!

True

False

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Question 18

2 / 2 pts
Under the doctrine of comparative negligence, the injured parties bringing the lawsuit are prevented from recovering damages even if they are partly at fault.

True
Correct!

False

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Question 19

2 / 2 pts
If the person accused of defamation had a special privilege in making the defamatory statement, such as an attorney in a court proceeding who accuses a witness of lying, the person who claims he or she was defamed:

can make defamatory statement against attorney.
Correct!

cannot recover damages.

can recover damages.

can file a suit of defamation.

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Question 20

2 / 2 pts
The most common form of slander involves:

pictures.

gestures and actions.

cartoons.
Correct!

spoken words.

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