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BLAW 2301 Final
BLAW 2301 Final
95 terms
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Legal Environment of Business Final by Shekinah Nkea
Flashcards
95 cards
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Practice quiz
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Questions
95
Answers
1
Name of Federal Agency that regulates investment/capital markets:
Department of Commerce
Federal Trade Commission
Federal Reserve
Securities and Exchange Commision (SEC)
2
What defines an
Agreement
in contract law?
A formal statement defining the basis of commerce
Oral or written statements with consideration
Meeting of the minds; Offer/Acceptance
Proper documentation of trade
3
Name of tort to describe wrongfully hurting a person's good reputation
Breach of Privacy
Defamation
Intentional Infliction of Emotional Duress
Assault
4
Regulatory report form for
IPO registration statement
Form 10-Q
Form 8-K
Form 10-K
Form S-1
5
What defines
Capacity
in contract law?
The education required to propose a contract
The duration for which a contract remains valid
Ability to enter a legally binding contract
The total value of assets owned by a party
6
What case did we discuss that involved a thermal imaging device?
United States v. Kyllo
Arizona v. Miranda
United States v. Jones
United States v. Katz
7
A rule where courts hold corporate officers/directors liable for honest mistakes that were made in good faith
Reasonable Person Standard
Business Judgement Rule
Corporate Veil Rule
Duty of Care Rule
8
Regulatory report form for reporting
material development
Form S-1
Form 10-K
Form 10-Q
Form 8-K
9
What are the 4
elements
of IRAC?
Issue, Rule, Application, Conclusion
Inference, Response, Alimony, Conclusion
Issue, Reason, Apprehension, Case
Inquiry, Reaction, Assertion, Conviction
10
Malicious software programs designed to disrupt or harm a computer, network, smartphone, or other device
IP Bug Configuration
Malware
Phishing
Cyberattack
11
An agreement that can be enforced in court, formed & agreed upon by two or more parties
Mutual Agreements
Contracts
Memorandums
Understanding
12
Which 3 jurisdictions were involved in United States v. Antoine Jones?
Washington, Oregon, Indianapolis
Washington DC, Maryland, Virginia
Michigan, Washington DC, Illinois
Maryland, Maine, Virginia
13
Name for limits placed on the period of time in which a lawsuit must be filed
Filing deadline
Time bar
Jurisdictional limits
Statue of limitations
14
What defines
Consideration
in contract law?
The object of currency
Something of value (Commonly $USD)
A commitment to perform a task on a disclosed date
An assurance of monetary profit from an agreement
15
Name 4 sources of our laws:
Policies, Guidelines, Treaties, Directives
Memoranda, Announcements, Declarations, Amendments
Customs, Practices, Opinions, Resolutions
Constitutions, Statutes, Cases, Regulations
16
How is
Issue
in
IRAC
used to determine the validity of a contract?
Whether/Does we have a valid contract
Whether/Does intentions of the contract are valid
Whether/Does breached contracts recover
Whether/Does contract terms apply
17
Name given when an employer discharges an employee in violation of an employment contract
Retaliatory Termination
Employee Discrimination
Wrongful Termination
Constructive Dismissal
18
Name for the process by which labor and management negotiate the terms and conditions of employment
Arbitration
Collective Bargaining
Conciliation
Mediation
19
What can pose a potential issue in issuing consequences?
Sub-contractors working on a project with the main legally binded entity
Forgetting the yes/no in your IRAC conclusion
When only 2/4 elements are validated in contract law
When multiple jurisdictions are involved (Between states/countries)
20
Name given to a person who agrees to represent or act for another, called the principal
Trustee
Arbitrator
Agent
Bailor
21
What does
Article 1
of the Constitution provide for?
Legislative Branch
Judicial Branch
Executive Branch
22
Which word(s) are
formally associated
with the element
Application
?
Here
In obligation
In summary
Therefore
23
Name of law intended to compensate workers injured on the job
Workers Compensation Law
Family and Medical Leave Act
Fair Labor Standards Law
Americans with Disabilities Act
24
Term given to federal statutes that provide for equal opportunity in the workplace
Occupational Safety Laws
Employment discrimination laws
Wage and Hour Laws
Labor Relations Laws
25
A monetary award sought as a remedy for a breach of contractor or tourist act is called:
Compensatory Damages
Equitable Relief
Restitution
Punitive Damages
26
What vehicle did
Antoine Jones
use to serve cocaine and in whose name was it registered?
Stole his sister's unregistered pickup truck
A Jeep Cherokee registered in his wife's name in Virginia
An unregistered 1996 Cadillac in his late father's name from Mexico
A Harley motorcyle registered in his name in Washingon, DC
27
Name of law that gives employees the right to collective bargaining and the right to strike?
FLSA (Fair Labor Standards Act)
ADA (Americans with Disabilities Act)
ERISA (Employee Retirement Income Security Act)
NLRA (National Labor Relations Act)
28
Where on the internet do you go for public company corporate filings?
Bloomberg
SEC.gov
EDGAR
NASDAQ
29
The CEO reports to what corporate entity?
Executive Committee
Shareholders
Board of Directors
Chief Financial Officer
30
How is
Issue
in
IRAC
used in Torts law?
Whether/Does injury is valid
Whether/Does the family recover
Whether/Does (company) is at fault
Whether/Does punitive damages apply
31
Name given to a person having a duty to act primarily for another's benefit in matters connected with the undertaking
Trustee
Fiduciary
Beneficiary
Agent
32
A charge by a grand jury that
probable cause exists
for believing a
crime
has been
committed
and a
trial should be held
:
Subpoena
Conviction
Verdict
Indictment
33
Regulatory report form for
corporate annual report
Form 8-K
Form 10-K
Form S-1
Form 10-Q
34
What does
Article 3
of the Constitution provide for?
Judicial Branch
Legislative Branch
Executive Branch
35
Name of law intended to protect employees' health and safety
FMLA (Family and Medical Leave Act)
ADA (Americans with Disabilities Act)
OSHA (Occupational Safety and Health Administration)
ERISA (Employee Retirement Income Security Act)
36
What was the thermal imaging device used for in United States v. Kyllo?
To record body heat emission and prove if Kyllo is holding hostages
To estimate how many criminals with warants Kyllo's quartering in his home
To determine if heat lamps are being used to grow weed in Kyllo's home
To specify the elongated time periods Kyllo uses his stove to make crack
37
What do you call a court that only hears matters involving matters of less than $2,500?
Small Claims Court
Family Court
Appllate Court
Superior Court
38
The carpenter case deals with what technology?
Infrared technology
GPS Tracking
Facial Recognition Technology
Drones
39
Name given when either party can terminate employment relationship at any time:
At-Will
Contract Employment
Fixed-Term Employment
Mutual Agreement Clause
40
What is the term for
intentional
and
unexcused threat
of
immediate harmful
or
offensive contract
?
Battery
Harrassment
Assault
False imprisonment
41
Which case involved Frankie the drug-sniffing dog?
United States v. Antoine Jones
United States v. Kyllo
Arizona v. Miranda
Florida v. Jardines
42
Which amendment on the Bill of Rights isn't applied today?
4th Amendment = Reasonable search & seizure
14th Amendment = Equal protection
6th Amendment = Right to a speedy trial
3rd Amendment = Abolishment of the quartering act
43
Name 3 standing committees that are typically found on the corporate board of directors:
Risk, Audit, Governance
Marketing, Procurement, Legal, Operations
Public Relations, Quality Control, Logistics, Compliance
Finance, Sales, Product, HR
44
Term that describes the resolution of disputes in ways other than traditional court (arbitration, mediation, etc)
Mediation and Trial Services (MTS)
Negotiation and Arbitration Process (NAP)
Dispute Resolution Council (DRC)
Alternative Dispute Resolution (ADR)
45
Which amendment ensures equal protection?
9th amendment
1st amendment
14th amendment
12th amendment
46
What is the term describing the act that created the
apprehension
when completed and
results
in
harm
to the plaintiff?
False imprisonment
Battery
Assault
Harrassment
47
Term used to describe the intentional confinement or restraint of another person's activities without justification?
Assault
False Imprisonment
Tortious Interference
Battery
48
What US law prohibits the bribery of foreign government officials?
§ Section 8.3: International Affairs
Foreign Subsidies Legislation
International Integrity Act
Foreign Corrupt Practices Act (FCPA)
49
What was
Antoine Jones
' occupation aside from being a
cocaine entrepreneur
?
Nightclub owner/operator in Washington, DC
Chairman of Maryland's Water Foundation
Stay-at-home Dad with freelance digital-art business
Retired Canadian boxer
50
What are the
4 elements
of
torts law
?
Intent, Harm, Compensation, Negligence
Agreement, Obligation, Injury, Restitution
Duty, Breach, Causation, Damages
Fault, Remedy, Contract, Injury
51
Regulatory report form for
corporate quarterly report
Form S-1
Form 10-Q
Form 10-K
Form 8-K
52
What is the method we use to analyze any legal issue (constitutional law)?
FRAC
IRAC
RICA
CRAI
53
Which amendment gives you the right to a speedy trial?
13th amendment
7th amendment
14th amendment
6th amendment
54
The Carpenter case deals with what law?
2nd amendment
4th amendment
5th amendment
14th amendment
55
Where does a law enforcement agent go to obtain a warrant?
Court
State Legislators
City Council
Police Station
56
Name a tort involving intentional deceit for personal gain:
Defamation
Fraud
Negligence
Breach of Contract
57
A wrongful act of injury to another knowingly committed
Battery
Punitive Damage
Contract
Tort
58
How long was the
warrant
granted for
US v. Jones
' case, and when was the warrant acted on?
5 days; GPS was placed on day 5
10 days; GPS was placed on day 11
1 day; GPS was never placed
31 days; GPS was placed on day 16
59
Unlawful pressure brought to bear on a person, causing a person to perform and act they would not otherwise perform
Undue Influence
Coercion
Duress
Extortion
60
What was Frankie's purpose in Jones' case?
Alert to psilocybin
Alert to marijuana
Alert to methamphetamine
Alert to narcotics
61
Which amendment ensures a trial by jury?
4th amendment
12th amendment
7th amendment
8th amendment
62
Term for a "
standard form
" of contract, in which the
stronger party dictates the terms
.
Bilateral Contract
Express Contract
Quasi-Contract
Adhesion Contract
63
What defines
legality
in contract law?
The requirement that the contract's purpose must be lawful
The need for a contract to be oral or in writing to be enforceable
The stipulation that contracts must be signed in the presence of a notary
The necessity for all parties to have the same legal representation
64
Name of the act that prohibits disability-based discrimination in the workplace
FMLA (Family and Medical Leave Act)
ADA (Americans with Disabilities Act)
ADEA (Age Discrimination in Employment Act)
Title VII (Civil Rights Act of 1964)
65
A written false defamatory statement about another person is called?
Slander
Libel
Defamation
Malpractice
66
Complete the
Application
: ____, we have an agreement. _____ of $800. Both parties have ______. It's ______ for (action).
Here, Consideration, Legal Capacity, Legal
Here, Value, Legal Capacity, Approved
Yes/No, Value, Legal Capacity, Approved
Yes/No, Consideration, Legal Capacity, Legal
67
An electronic sound, symbol, or process logically associated with a record and executed by a person with intent to sign
Digital Mark
Electronic signature
Virtual Approval
E-Stamp
68
Law prohibiting job discrimination against employees, applicants, and union members on the basis of protected rights
Equal employment
Family and Medical Leave Act
Fair Labor Standards Act
Affirmative Action
69
Name of a person on a corporation's board of directors who doesn't hold a management position in the corporation
Chairman
Managing Director
Executive Director
Non-Executive Director
70
Provision in 14th amendment that guarantees no state will deny anyone protection of the law
Due Process Clause (Section 2)
Equal Protection Clause (Section 1)
Privileges of Immunities Clause (Section 1)
Amendment Clause (Section 1)
71
Online fraud in which criminals pretend to be legitimate companies by using e-mails and malicious websites is called?
Cyber breach
IP Bug Configuration
Digital Scamming
Phishing
72
Which amendment protects you from self-incrimination?
2nd amendment
5th amendment
4th amendment
6th amendment
73
What is the main takeaway of the
United States v. Katz
case?
Reasonable expectation of privacy
Privacy is not protected in public spaces
Involuntary confessions are invalid
Right to search without a warrant
74
What Federal Agency regulates the offering of corporate stocks?
FTC: Federal Trade Commission
IRS: Internal Revenue Service
SEC: Securities and Exchange Commission
FBI: Federal Bureau of Investigation
75
What type of search was involved in Florida v. Jardines?
Search Warrant
Consent Search
Plain View Search
Vehicle Search
76
The failure to exercise the standard of care that a reasonable person would exercise in a similar situation
Laxity
Negligence
Punitive Responsibility
Failed Responsibility
77
Which amendment protects you from unreasonable search & seizure?
2nd amendment
6th amendment
4th amendment
5th amendment
78
What board committee is usually responsible for identifying new directors?
Governance Committee
Risk Committee
Audit Committee
Nomination Committee
79
Corporations are creatures of State or Federal law?
State
Federal
80
A govt grant that gives the inventor the exclusive right to make, use, or sell his or her invention for a limited time
Patent
Copyright
Trademark
Trade Secret
81
What does
Article 2
of the Constitution provide for?
Executive Branch
Judicial Branch
Legislative Branch
82
A document filed with the secretary of state when a business is incorporated that contains basic info about corporation
Certificate of formation
Bylaws
Articles of Association
Operating Agreement
83
Name of person who committed $65 billion securities fraud exposed in 2008
Bernie Madoff
Jordan Belfort
Jeffery Skilling
Allen Stanford
84
A spoken false defamatory statement about another person (overheard by a third-party)
Libel
Character Assassination
Defamation
Slander
85
What law governs the sales of goods?
Contract Law Act
FTC Act
Consumer Protection Act
UCC: Uniform Commercial Code
86
Which amendment abolished slavery?
14th amendment
10th amendment
3rd amendment
13th amendment
87
The outcome of Arizona v. Miranda led to the establishment of Miranda Rights
True
False
88
What board committee is usually responsible for governing risk?
Governance Committee
Nomination Committee
Risk Committee
Audit Committee
89
What 4 elements validate a contract?
Intent, Terms, Performance, Termination
Offer, Acceptance, Breach, Enforcement
Offer, Acceptance, Breach, Enforcement
Agreement, Consideration, Capacity, Legality
90
What factors aren't considered elements but would strengthen a contract?
Issuing injury liability
Putting the contract in writing
Unilateral changes
Implied consent
91
Which word(s) are
formally associated
with the element
Conclusion
in IRAC?
Yes/No
In conclusion
Here
The verdict concludes
92
Which amendment protects your right to bear arms?
4th amendment
2nd amendment
6th amendment
5th amendment
93
Name given to a crime that carries the most severe sanctions, usually ranging from federal prison to death
Misdemeanor
Infraction
Felony
Violation
94
Term that describes stocks, bonds, etc that represent ownership interest in a corporation/promise of repayment of debt?
Bonds
Assets
Equities
Securities
95
A common law doctrine where judges are obligated to follow the precedents established in prior decisions within jurs.
De Novo
Res Judicata
Store Decisis
Lex Loci
