1. Mid-term Exam Study Guide
Law in Society

2. Do ethics and morality ever conflict? Explain your answer.
YES, Ethics and morality conflict because people bring their own personal views to the legal/ethical decision making process.

3. Why has the golden rule been adopted
by many religions?
Many religions have adopted the golden rule because it is based on empathy.

4. What crime does a citizen commit if that citizen levies war against the United States? Explain your answer.
According to Article III, Section 3 of the U. S. Constitution, a citizen who levies war against the United States commits treason.

5. What is ultra hazardous activity
What is ultra hazardous activity? Give three examples of ultra hazardous activity.
An ultra hazardous activity is one that involves great risk to people and property. Examples including using explosives, keeping wild animals, and storing highly inflammable liquids in densely populated areas.

6. The rules of conduct established by the government to maintain stability and promote justice are known as
Law

7. Once a decision has been made by the highest court in a state, all other courts in the state must follow that case under the law of…
Precedent

8. The most fundamental law of a nation or state is a (n) _
Constitution.

9. A law that has been passed by a legislature is referred to as a (n)
Statute

10. The attempt to develop means for determining the values of society is known as
Ethics

11. An action or law that conflicts with the most fundamental law of the nation and is, therefore, no longer valid, is said to be
Unconstitutional

12. Trial courts that handle cases involving major crimes and large amounts of money are called courts of
General Jurisdiction

13. Courts that are between the lower courts and the highest courts are called
Intermediate

14. Major crimes punishable by imprisonment or death are called
Felonies

15. Breaking and entering a dwelling place to commit a felony is called
Burglary

16. The unlawful killing of another human being with malice aforethought is known as a (n)
Murder !!!

17. Less serious crimes with less serious penalties are called
Misdemeanors

18. The tort that results when one person deliberately frightens another person in the reasonable belief that he or she is about to be injured is known as
Assault

19. The responsibility to answer for harm that results from an ultra hazardous activity is known as
Strict Liability

20. Offer Acceptance Genuine Agreement Consideration Capacity Legality
Identify six elements of a contract.
Offer
Acceptance
Genuine Agreement
Consideration
Capacity
Legality

21. Contracts can be classified in what four ways?
valid, void, voidable, unenforceable, b) bilateral or unilateral,
c) oral or written, d) express or implied

22. What are the three requirements of an offer? Explain your answer.
An offer must be seriously intended, definite and certain and communicated to the offeree

23. A contract that is legally binding and fully enforceable is known as a (n)
Valid contract.

24. A contract that has no legal effect is known as a (n)
Void.

25. Any agreement that is enforceable by law is known as a (n) _
Contract.

26. Movable items such as books, furniture and clothing are known as
Goods.

27. A law that specifies the length of time within which a legal action may be brought is called a (n)
Statute of Limitations.

28. Most newspaper advertisements are considered (A) offers (B) bargains (C) invitations to negotiate (D) contracts

29. To be valid, an acceptance must be
(A) a counteroffer
(B) in writing
(C) unconditional
(D) reasonable

30. If an offer is mailed, the acceptance takes effect (A) when a letter of acceptance is mailed
(B)in ten days (C) when the offeree agrees (D) when the acceptance is received

31. A (n) _Copyright is a right granted to an author, company, or artist to exclusively publish or sell his/her work.

32. _Bait & Switch is the practice of a salesperson trying to make a customer buy a more expensive item instead of the advertised one.

33. The Uniform Commercial Code (UCC) is a collection of laws that govern various types of business transactions.

34. A (n) _express warranty is a guarantee of quality that comes from statements and promises made by the seller, descriptions of the goods, and the showing of samples and models.

35. The _cooling-off rule gives consumers three business days to cancel most contracts made with door-to-door salespersons.

36. When one says _caveat venditor, it means “let the seller beware.”

37. A person who purchases or leases goods, services, or property for personal, family, or household purposes is a (n) _consumer.

38. Patents, copyrights, and trademarks are often referred to as _____intellectual property.

39. What is the doctrine of employment-at-will. Explain your answer
What is the doctrine of employment-at-will? Explain your answer. Under the doctrine of employment-at-will, an employer could fire an employee at any time for any reason.

40. What was the first federal law dealing with collective bargaining
What was the first federal law dealing with collective bargaining? Wagner Act aka The National Labor Relations Act

41. What is the Taft Hartley Act
What is the Taft Hartley Act? The Taft-Hartley Act created the “cooling-off rule” and made the open-shop illegal.

42. OSHA (Occupational Safety and Health Administration) was created by the federal government to ensure safe and healthy working conditions.

43. _The Civil Rights Act prohibits discrimination based on sex, race, color, national origin, or religion.

44. Intentional discrimination is known as _disparate treatment.

45. Indirect discrimination is called __disparate impact______.

46. If a sole proprietorship uses anything but his/her own name, the law calls the made-up name a fictitious name.

47. Once a sole proprietor has decided to hire additional workers, then he or she will have to contact the Internal Revenue Service to obtain a (n) _employee ID #.

48. _Joint liability means that in the case of a lawsuit, all partners must be sued together.

49. A partnership agreement is usually known as the articles of partnership.

50. A __limited partnership is a partnership with at least one general partner and one limited partner.

51. An association of two or more people to carry on a business for profit is known as a (n) __general partnership.

52. A (n) _sole proprietorship is a business owned and operated by one person.

53. The application of a business to incorporate is known as the _articles of incorporation.

54. A (n) _Corporation is an “artificial person created by law.”

55. A unit of ownership of a corporation is a (n) __Share.

56. A person who makes a broad policy decision for the corporation is known as a (n) __director.

57. _Shareholderes are the owner of shares of stock.

58. CASES
The Cooling Off Rule

59. Who is responsible for a defect in a common area? The landlord

60. Will lookouts be liable for damages even though they did not participate in the actual commitment of a crime? Yes, they will go to JAIL ALSO.

61. The doctrine of strict liability- Will a person be held liable if they are in control of hazardous substances-bringing spider to school, explosives, etc.? YES

62. The Golden Rule-“DO UNTO OTHERS, AS YOU WOULD HAVE THEM DO UNTO YOU”

63. Employment Discrimination-gender, race, sex
What can you do if you are experiencing unsafe conditions on your work place?
Report them to OSHA