Presentation on theme: "Law Chapter 1 Midterm Review"— Presentation transcript:
1Law Chapter 1 Midterm Review By: Marshall Higley and Alex Felt
2The power to decide a case is termed FiatThe long arm of the lawSanctionJurisdictionD. Jurisdiction
3Governing rules and regulations passed by a city council or county government are referred to as StatutesOrdinancesCase lawPromulgationsB. Ordinances
4A. Precedents Precedents Equity Jurisdiction Statutes In order to provide stability to a legal system, courts use prior as a guide for deciding similar new cases. These prior cases are known asPrecedentsEquityJurisdictionStatutesA. Precedents
5At what level are laws created in the United States Federal GovernmentState GovernmentLocal GovernmentAll of TheseD. All of these
6D. Both b and c U.S. Constitution Bill of Rights First ten amendments The division of powers between people and their governments protecting U.S. citizens from government actions is set forth in theU.S. ConstitutionBill of RightsFirst ten amendmentsBoth b and cD. Both b and c
7C. A constitution the Bill of Rights An ordinance A constitution The document that sets forth the framework of a government and its relationship to the people it governs isthe Bill of RightsAn ordinanceA constitutionThe Uniform Commercial CodeC. A constitution
8The state constitution If a state constitution and the U.S. Constitution conflict, which prevailsThe U.S. ConstitutionThe state constitutionNeither prevails- the matter is referred to CongressNeither prevails- the matter is referred to the PresidentA. The U.S. Constitution
9D. common law civil law positive law codes common law Which of these is based on the current standards or customs of the peoplecivil lawpositive lawcodescommon lawD. common law
10D. Louisiana Missouri California Florida Louisiana Which state has its legal system based on the Roman civil law format of organized, comprehensive sets of statutes in code form?MissouriCaliforniaFloridaLouisianaD. Louisiana
11An open, peaceful violation of a law to protest its alleged, or supposed, injustice is referred to asPolitical protestCivil riotCivil disobedienceEthical posturingC. Civil Disobedience
12Laws made by administrative agencies are often called OrdinancesRules and regulationsStandardsGuidelinesB. Rules and regulations
13C. Precedent Injunction Code Precedent Jurisdiction Which of these terms describing using prior cases as a guide for deciding similar new cases?InjunctionCodePrecedentJurisdictionC. Precedent
14The subject area of business law would include which of the following topics? Commercial tortsContractsCriminal conspiracies to fix pricesAll of the aboveD. All of the above
15C. Civil Law Criminal law Statutory law Civil law Case Law Meryle Ann’s mother recently died and, unfortunately, did not leave any type of will for her estate. In order to properly divide her mother’s estate among her and her brothers, Meryle Ann will hire a lawyer to handle this case. In which specialty area should she seek to find a lawyer?Criminal lawStatutory lawCivil lawCase LawC. Civil Law
16Answer: Unconstitutional When a law is invalid because it conflicts with either the federal or state’s constitution, it is said to be _____Answer: Unconstitutional
17Law Chapter 2 Midterm Review By: Kayla Moore & Giuseppe Scavone
18When the Constitution was declared effective and binding on March 4, 1789, only ___ states had ratified it.791113C) 11
19The U.S. constitution provided persons may not be deprived of the following without due process of law:Life, liberty, or property.Food clothing, and shelter.Health, happiness, and prosperity.Life, liberty, or the pursuit of happinessD) Life, liberty, or the pursuit of happiness
20The American declaration of independence Denounced royal rule and “divine right of kings” throughout the world.Called for a strong central government of the American colonies, to be based in Washington, D.C.Stated that all men are endowed by their creator with the right to life, liberty, and the pursuit of happiness.All of theseB) Called for a strong central government of the American colonies, to be based in Washington, D.C.
21Under the constitution the federal government is a Republic, representative democracyTwo-political party balance of interest and powerDemocracy, tainted by special interestsPure democracyD) Pure democracy
22If convicted under due process of law, criminal, may be deprived of Liberty, by imprisonment.Property, by fine or order to make restitution.Life, by execution.All, or combination of these.C) Life, by execution.
23Which of the following federal agencies is charged with the responsibilities of eliminating discrimination based on race, religion, sex, color, national origin and age and disability in the work place.Interstate Commerce Commission.Federal Trade Commission.Equal employment operation committee.None of theseD) None of these
24Under the constitution, members of congress are elected on the basis of Population of the stateExistence of the stateSelection by all the citizens in national electionsBoth a(for representatives) and b(for senators)D) Both a(for representatives) and b(for senators)
25The declaration of independence was adopted in July 4th 1776 by delegates of the 13 original colonies meeting in Philadelphia.TrueFalseTrue
26A regulation made by a federal agency does not have the same effect as a law made by congress. TrueFalseTrue
27The fourteenth amendment applied to all state governments the restrictions that had previously limited only the powers of the federal government.TrueFalseTrue
28Even though political parties are very important in the selection of candidates for federal offices, they are not mentioned in the constitution.TrueFalseFalse
29Almost universal access by anyone with a computer to the information contained on the internet was facilitated primarily through a program developed in the spare time of Tim Berners-Lee.TrueFalseTrue
30The decentralization of the internet makes it nearly impossible to exercise legal control over it and what goes on within it.TrueFalseTrue
31The right of privacy is not specifically mentioned in the constitution or the bill of rights. FalseTrueFalse
32The senate has the stole power to try impeachment cases. TrueFalseTrue
44CompletionBenton has just been appointed to her state supreme court. Her official title will be __________ Benton.Justice
45The trial court in a particular case will apply the appropriate law to the facts to reach a(n) _______Verdict
46When an appellate court overturns the decision of a lower court, the lower court’s decision is said to have been _______Reversed
47Today’s federal court system has ________ federal courts of appeal. 13
48Attorneys generally are not required to resolve the civil litigations in __________ court. Small claims
49United States vs. Basic Construction Company Law Chapter 4United States vs. Basic Construction CompanyCheyanna Roberts
50The BackgroundThis appeal came from a conviction from the violation of section 1 of the Sherman Act, 15 U.S.C. § 1. The defendants, Basic Construction Co., Henry S. Branscome, Inc., and Henry Branscome, were charged with conspiring in April of 1978 to rig a bidding for state road paving contracts.2 lowered level ,angers rigged bids by giving competitors the prices that basic would bid for work
51The BasicsBasic's principal contention is that the district court gave erroneous jury instructions regarding the criminal liability of a corporation for acts of its employees. With regard to corporate liability, the court instructed the jury as follows:legally bound by the acts or statements of its agents done or made within the scope of their employment, and within their apparent authority, acts done within the scope of employment and acts done on behalf of or to the benefit of a corporation, and directly related to the performance of the type duties the employee has general authority to perform.The act of an agent is within the scope of his employment or within the scope of his apparent authority, the corporation is held legally responsible for it. This is true even though the agent's acts may be unlawful, and contrary to the corporations [sic] actual instructions.
52The Courts ThoughtThe Courts opinion is that “the corporation can be responsible for the action of its agents done or made within the scope of their authority, even though the conduct of the agents may be contrary to the corporation's actual instructions, or contrary to the corporation's stated position”. “But, However, the instructions and policies, if any be shown, may be considered by you in determining whether the agents, in fact, were acting to benefit the corporation”.
53EvidenceThe basics introduced evidence which would have tended that it had a longstanding, well known, and strictly enforced policy against bid rigging.Also that bid rigging activities were charged and was perpetrated by two relatively minor officials and were done without the knowledge of high level corporate officers.Basic argues that, in light of this evidence, the district court should have instructed the jury that it could consider the evidence of Basic's antitrust compliance policy in deciding whether the company had the requisite intent to violate the Sherman Act.
54The DecisionAll the evidence of the court finds them guilty of the crime. Also finds them to be criminally liable
55Angelica Frantz & Amber Morgan Chapter 5Angelica Frantz &Amber Morgan
56What two remedies are generally available in a civil lawsuit? Injunctions and damages
57What is not an element of most torts? A) CausationB) ConspiracyC) InjuryD) DutyThe answer is B) Conspiracy
58A threat with an apparent ability to do immediate injury is referred to as an _______. Fill in the blankAn Assault
59A harmful or offensive touching is called an _______. Assault
62What are the three main elements of a compensatory damage award? Last wages, medical bills, and pain and suffering
63When a civil judgment for the plaintiff becomes final, the defendant normally pays the judgment. If the defendant does not pay, what may the plaintiff obtain to enforce the judgment?Writ of execution
64Legislator during a political campaign Under specific circumstances some individuals are immune from liability for defamation of character even if the statements were made with malice. Which individual or circumstance is not immune from liability?Legislator during a political campaign
65What’s the summary oral statements made at the conclusion of a litigation by the attorneys for the parties?The Closing Arguments
66A threat of an unwanted sexual touching would be classified as the tort of what? Assault
67When someone becomes famous they lost their right of _____. Privacy
68Interference of contractual relations If a coach leaves him coaching contract to go to a different university because of there is a bigger salary the new university may be liable for the tort of __________.Interference of contractual relations
69If you catch someone throwing trash onto your property you may sue for ________ to your land. Trespass
70Hailey Chacona Kendra Michael Chapter 6 ReviewHailey ChaconaKendra Michael
71True and FalseA failure to respond at all to an offer can be constructed as an acceptance. False If a person finds and returns a watch for which a reward if offered, but does not know of the reward offer, the person is still entitled to the reward
72Multiple Choicewhich of the following is not one of the major requirements for a contract? A. Offer and accommodation C capacity B. Genuine Assent D. Consideration
73Multiple Choice An unaccepted offer may be terminated by Counter Offer A reasonable length of timeRejection of the offereeAll of theses
74Multiple ChoiceA contract in which performance alone is acceptance is terminated a(n)Unilateral ContractBilateral ContractMultilateral ContractNone of these
75Multiple ChoiceWhen the price is not specified in contracts between merchants for the sale of goods,The current market price is usedThe highest market price is usedThe lowest market price is usedThe contract is null and void
76Multiple choiceAdvertisements in news papers, radio, television, and direct mailings are considered to beValid offersContractsInvitations to negotiateNone of the above
77Multiple ChoiceThe uniform Commercial Code makes firm offers binding for stated period of time in the offer, but not to exceedThirty daysThree monthsSix monthsOne year
78Multiple ChoiceThe withdrawal of an offer before it is accepted is known as a(n)RevocationRejectionCounter offerTermination
79Multiple choiceGenerally when nothing is said in the offer about how long it will remain open it when end afterA reasonable length of timethe offeror revokes itThe offeree rejects itNone of the above
80Multiple ChoiceIf an offeree alters a term in the original offer and sends it back to the original offeror, the result is anOptionCounter OfferContractNone of the above
81Fill in the blanksTo be legally enforceable as a contract, the agreement must involve both sides receiving something of legal value as a result of the transaction. This something of value is labeled _______________. Consideration
82Fill in the blanksIndividuals who regularly deal in the goods, or tangible personal property, being bough or sold are labeled _____________. Merchants
83Fill in the BlanksAfter an offer is rejected, unless renewed by the original , the offeree can no longer accept the original offer. Offeror
84Fill in the blanksWhen the specific subject matter of an offer is destroyed before the offer can be accepted, the offer is automatically___________. Terminated.
86A Contract that Lacks genuine assent Is voidable? (True or false) The answer to this question is true.It is true because you need the genuine assent between two parties which would be mutual true and complete agreement between them.
87Committing an act of violence to get a signature is duress Committing an act of violence to get a signature is duress? (True or False)The answer to this Question is TrueThe definition of Duress is using the threat or an act of violence (assault) to obtain a signature or anything of Legal Value.
88Is wrongful domination undue influence? (True or false) The Answer is TrueUndue influence is being in a position of trust (Doctor, Mechanic, Police Officer etc.) and wrongfully dominating a person. (An example would be a doctor telling you lying and telling that you have to buy a medication.)
89You will not be bound to a contract that you have not read even if you signed it? (True or False) The answer is false.So long as you genuinely sign the contract you will be bound to it even if you have not read it, because you had genuine assent.
90Active concealment leaves a contract valid? (True or False) The answer is False.It is false because the person committing active concealment is considered to be committing fraud as well, and fraud renders a contract void.
91A contract is only ratified if made orally or in writing A contract is only ratified if made orally or in writing? (True or False)The answer is FalseThe answer is false because contracts are only enforceable if in writing and are made with genuine assent.
92What is Genuine assent?True and complete agreement by both parties. Duress, Undue Influence, and Fraud would render a contract void with genuine assent.
93What is Legal Duress?Threats of violent actions or suiting for ridiculous reasons.
94What Happens when both parties are mistaken about a contract? It is considered a Bilateral or mutual mistake of contract and therefore, the contract may be voidable.
95What are remedies to an injured party in a case of fraud? Rescission, compensatory damages and punitive damages are all available.
96What is an example of a statement that if untrue could lead to a misrepresentation lawsuit? The engine only has 20,000 miles on it.The tires were replaced last monthThe foundation on the house has never needed repair
97What are punitive damages? Punitive damages are meant to punish a guilty party for an offense.
98What is reasonable reliance? It is reasonably relying on a person/party to provide a service or good.
99What is a unilateral mistake? A unilateral mistake is when you are mistaken/ignorant about the content/accords in a contract and you agreed to it.