LAW531 Temple University Legal Environment of Business Worksheet Hi there,Please see attached for the homework questions. Thanks! And please give me explan

LAW531 Temple University Legal Environment of Business Worksheet Hi there,Please see attached for the homework questions. Thanks! And please give me explanations for why choose this answer. Name______________________________
LEGAL ENVIRONMENT OF BUSINESS
Instructions: Circle the correct answer. Be sure to answer all the questions and place your name
on each page.
1.
Joe gave an engagement ring to Mahasin then broke off the engagement. Which of
the following is correct?
a)
he will never be able to get the ring back
b)
he normally can’t get the ring back if it was a gift or a special occasion
c)
he can always get the ring back
d)
if he didn’t break the engagement, he will always get the ring back
2.
The duty that a property owner owes to a trespasser is to
a)
not wantonly and willfully injure him
b)
no duty is owed
c)
warn him of danger
d)
make sure he is careful
3.
What is the Burden of Proof in a criminal matter?
a)
a unanimous finding by a jury
b)
having to convince at least ½ the jury you are right
c)
a preponderance of evidence
d)
beyond a reasonable doubt
4.
According to the cases read in the book, Pennsylvania law
a)
holds a social host only responsible when serving liquor to a minor
b)
holds a social host responsible if he knows or has reason to know his guest is
intoxicated and leaves in an intoxicated state
c)
never holds a social host responsible
d)
both A&B
5.
A jury trial
a)
is required in all criminal matters
b)
required in all civil cases
c)
always needs a unanimous verdict
d)
is an option in most Civil and Criminal matters
6.
When you are questioning your own witness on direct examination, the lawyer on the
other side will have an objection sustained if you
a)
ask leading questions
b)
ask questions that call for hearsay
c)
ask questions that aren’t relevant
d)
all of the above
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7.
Steve was 25 when he purchased his own racing bike. He smashed the bike through his
own fault with a wall and returned the handlebar to the dealer requesting all of his money
back:
a)
he will lose
b)
he will win but will not get all of his money back
c)
he will win
d)
he must repair the bike first and then return it
8.
The case in the book where the sisters agreed to share in gambling winnings was an
illustration of:
a)
the defense arguing that the agreement was illegal according to state law
b)
a contract without consideration
c)
a written note constituting a valid agreement
d)
all of the above
9.
Jurisdiction
a)
Is the power of a court to hear the merits of a case
b)
Is similar to collateral estoppels
c)
Consists of both personal and subject matter problems
d)
Both A & D
10.
Joshua who lives in Center City Philadelphia, was involved in an accident with Bill from
Montgomery County, PA. The accident took place on the Atlantic City Expressway.
Joshua may file suit in:
a)
Center City Philadelphia
b)
New Jersey
c)
Montgomery County
d)
B&C
11.
On October 10, 2015, I sent a letter offer to sell my car for $20,000.00 to you. You
received the offer on October 12, 2015. On October 13, 2015, I mailed you a letter of
revocation which you received on October 14, 2015. You sent me a letter of acceptance
on October 12, 2015 which I did not receive until October 15, 2015. Which is true
a)
there is no contract
b)
there is a contract
c)
the letter of revocation was effective when sent
d)
both A&C
12.
Dr. Feelgood suspected his nurse of stealing drugs from their cabinet at work. He
ordered that all his employees take a lie detector test. After failing the test Dr. Feelgood
fired his nurse. The nurse sues
a)
her claim has no merit
b)
the doctor had no right to fire her for any reason if she was an “at will” employee
c)
the doctor should not have given her the lie detector test
d)
both A&B
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13.
Dave was a “volunteer” doctor at a hospital working in the emergency room after he
received a call that he was needed because of a tornado that had hit the Georgia coast.
He did not diagnose an infection on a woman who was rushed to the hospital. As a result
of the infection the woman lost her leg. The following is true
a)
he has a good argument for winning the case
b)
punitive damages are recoverable against doctor
c)
summary judgment would be awarded in favor of the doctor
d)
both A&C
14.
The mailbox rule pertains to
a)
offer
b)
acceptance
c)
faxes & emails
d)
both B&C
15.
A Summary Judgment Motion
a)
produces opinions by a Judge that have appeared in our book
b)
are always decided for the plaintiff
c)
assume facts to be true & claim that there is no set of facts that will enable the
party to win in court
d)
both a&c
16.
Preponderance of evidence is to reasonable doubt as
a)
right is to wrong
b)
real property is to personal property
c)
criminal is to civil
d)
none of the above
17.
The current members of the United States Supreme Court are:
a)
Antonia Sotomayor
b)
Anthony Kaplan
c)
Stephen Breyer
d)
Samuel Scalia, Jr.
18.
Jezebel agreed to paint Jose’s house for $1,000.00 but changed her mind. Jose paid her
nothing. If Jose sues Jezebel:
a)
Jose has no remedy
b)
Jose will surely lose
c)
Jose may sue if it costs him more than $1,000.00 to hire another painter
d)
Jose can force Jezebel to paint his house
19.
Statutory law is created by all but
a)
Police Officers
b)
the Courts
c)
legislature
d)
both a&b
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20.
The function of a lawyer in any case, whether criminal or civil, is:
a)
make every witness out to be a liar
b)
bring out the truth
c)
create the best story possible
d)
present the facts in the light most favorable to his/her client
21.
A college student was injured when she was struck in the face by a bathroom door that
had a defective hinge, while in her dorm on campus. After graduation she returned home
to Arkansas and decided to sue Tempe in Arkansas. This case
a)
could have been bought in Philadelphia
b)
can only be bought in Arkansas
c)
the Court must decide whether minimum contacts exist and the Court has
jurisdiction
d)
both A&C
22.
A look at whom is involved in the litigation and who the Court wants to protect is a
concept associated with:
a)
double jeopardy
b)
mitigating circumstances
c)
status and process
d)
fixtures and trade fixtures
23.
Only plaintiff and defendant testify in a civil case. The question was who had the red
light. The plaintiff
a)
Can not win
b)
Can not prove his/her case by preponderance of the evidence
c)
May win if believed
d)
Both A & B
24.
Naeem fell in a Walmart and sued, she will:
a)
always prevail if she can show it happened on Walmart property
b)
be faced with an argument she was comparatively negligent
c)
she must be injured and the store must be proven beyond a reasonable doubt to be
at fault
d)
both B&C
25.
This doctrine was partially created to protect children who trespass on the land of another
that contains inviting and dangerous conditions is called the
a)
attractive nuisance doctrine
b)
minority appeal doctrine
c)
proximate cause doctrine
d)
presumption of age doctrine
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26.
The place where a case should be heard is called
a)
voir dire
b)
venue
c)
forums non conviens
d)
all of the above
27.
A person must show that he or she actually suffers some type of injury in the lawsuit he
wishes to bring. This concept is called
a)
jurisdiction
b)
venue
c)
minimum contacts
d)
standing
28.
A father leaped over the railing of his porch when he saw that his son was hit by a car in
front of his house. The father was injured. The father sued the driver for his injuries.
a)
he can’t collect, it’s a ridiculous lawsuit
b)
he can collect under the doctrine of “danger invites rescue”
c)
he can collect under the “good Samaritan rule”
d)
none of the above
29.
Sasha, who is sixteen years old but looks like she’s twenty-two, enters a jewelry store.
She buys a beautiful diamond bracelet with the money that she has been saving for
college. If she decides, eighteen months later, that it was unwise to spend the money on
the bracelet, what can she do?
a)
she can return the bracelet and get her money back
b)
she can return the bracelet, but she will only get 50% of what she paid for it
c)
she can’t return the bracelet because she has kept it to long
d)
she can only disaffirm this contract after she turns 21
30.
If a husband owned real estate before he became married, Pennsylvania divorce law
a)
Only looks at the increase in value of the property since the marriage up to
the date of separation
b)
Prohibits any distribution to the wife
c)
Divides the property 50-50
d)
None of the above
31.
The elements of a contract are all but
a)
offer
b)
acceptance
c)
compatibility
d)
consideration
32.
The person or persons in the courtroom that determine(s) the law is or are
a)
jury
b)
judge
c)
attorney for both sides
d)
fact finder
5|Page
33.
The Uniform Commercial Code applies to
a)
real property
b)
fixtures
c)
sale of goods
d)
all of the above
34.
The EEOC will handle
a)
all cases involving any type of sexual harassment
b)
only employment type cases of employers who employ over 100 employees
c)
the investigation and criminal prosecution of any “stalker” that comes to a place
of employment
d)
none of the above
35.
The concept that one state recognizes another state’s laws is called
a)
venue
b)
comity
c)
full faith & credit
d)
standing
36.
Your employer promised you a bonus for being a faithful and hard working employee.
You waited for your check and no bonus was ever paid. The following is true:
a)
if you complain, you can be fired
b)
you won’t win the lawsuit
c)
there is no consideration for the promise
d)
all the above
37.
An offer can be revoked any time before it is accepted except under the following
circumstance
a)
no circumstance exists
b)
when money is paid to keep it open
c)
if it is a firm offer
d)
both B&C
38.
Faatima brought her ring to the jeweler to get fixed. The jeweler sold the ring to a
customer the next day for its approximate worth. If Faatima attempted to get her ring
back
a)
Faatima would lose because of the entrustment provision of UCC
b)
Faatima would lose because the jeweler was a merchant and the customer was a
buyer in the ordinary course of business
c)
Faatima would win because the jeweler had no right to sell the ring
d)
both A&B
39.
Jurisdiction may consist of
a)
subject matter or personal
b)
standing or no standing
c)
venue or no venue
d)
all of the above
6|Page
40.
A dog
a)
b)
c)
d)
Is entitled to at least 1 bite
According to a case in both is like personal property
both A&B
None of the above
41.
Requirements for a firm offer include all but the following:
a)
merchant
b)
signed writing
c)
written assurance
d)
consideration
42.
The principle that allows for the courteous recognition of the rules and laws of a foreign
jurisdiction is called.
a)
status and process
b)
consideration
c)
comity
d)
full faith & credit
43.
Raeed sued in state court to declare the drunk driving statute unconstitutional because it
lowered the legal limit to .05 and he was an alcoholic who drove his car frequently to AA
meetings. The issue here is:
a)
standing
b)
comity
c)
full faith and credit
d)
mental stability
44.
These are two ways to offer something for sale at an auction. One of them is
a)
absolute
b)
with reserve
c)
under seal
d)
without a bid
45.
The two areas where the phrase “quid pro quo” is discussed in the book are
a)
types of discrimination and consideration
b)
mailbox rule and illusory promises
c)
conflict of interest and past consideration
d)
express and implied contracts
46.
A 16 year old minor left alone at his Alabama home ordered 12 beers over the internet
from a beer distributor in Illinois. The beer arrived the next day and the minor’s parents
became upset and sued the beer distributor in the Alabama Courts. The issue in this case
is
a)
can the minor be arrested for a DUI if he drove his car after drinking
b)
are the parents a social host and responsible is something goes wrong
c)
does the Court have personal jurisdiction to hear this case in Albama
d)
all of the above
7|Page
47.
Which of the following is/or are true?
a)
you are generally considered to be an “at will” employee
b)
you can be fired for any reason
c)
you can never be fired if you are represented by a union or have a contract
d)
all of the above
48.
The process whereby judges apply the decisions and rules of prior cases to determine
the law in the case they are currently deciding is called
a)
precedent
b)
stare decisis
c)
issue of the case
d)
both A&B
49.
A lawyer represented 4 gang members. All were charged with stabbing a rival gang
member to death. The lawyer
a)
needs to consider whether he has an ethical problem
b)
has a conflict of interest
c)
should get the consent of all defendants after explaining the problem
d)
all of the above
50.
Raymondo was operating a segway while intoxicated on the streets of Philadelphia.
An officer arrested him and charged him with driving while under the influence. What
will you need to do if you are his lawyer?
a)
look at the drunk driving statute in Pennsylvania
b)
determine what the issues are and look up the case law in Pennsylvania
c)
investigate whether a segway is a motor vehicle under Pennsylvania law
d)
all of the above
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