Written by students who passed Immediately available after payment Read online or as PDF Wrong document? Swap it for free 4.6 TrustPilot
logo-home
Exam (elaborations)

Test Bank for Business Law and the Legal Environment, Version 3.0 by Don Mayer

Rating
4.0
(1)
Sold
2
Pages
531
Grade
A+
Uploaded on
14-09-2023
Written in
2023/2024

Test Bank for Business Law and the Legal Environment Version 3.0 by Don Mayer, Daniel Warner, George Siedel, and Jethro K. Lieberman. Full Chapters test bank are included - Chapter 1 to 53 Chapter 1: Introduction to Law and Legal Systems 1.1 What Is Law? 1.2 Schools of Legal Thought 1.3 Basic Concepts and Categories of U.S. Law 1.4 Who Makes the Law 1.5 Legal and Political Systems of the World 1.6 A Sample Case 1.7 Summary and Exercises Chapter 2: Introduction to Corporate Social Responsibility and Business Ethics 2.1 What Is Ethics? 2.2 Major Ethical Perspectives 2.3 An Ethical Decision Model 2.4 Ethical Problems with Corporations and Corporate Governance 2.5 Summary and Exercises Chapter 3: Introduction to Courts and the Legal Process 3.1 State and Federal Court Systems in the United States 3.2 The Jurisdiction Issue 3.3 The Pretrial and Trial Phases 3.4 Judgment, Appeal, and Execution 3.5 Alternative Means of Resolving Disputes 3.6 Practical Considerations in Dispute Resolution 3.7 Summary and Exercises Chapter 4: Introduction to Constitutional Law and U.S. Commerce 4.1 Basics of the U.S. Constitution 4.2 The Commerce Clause 4.3 Dormant Commerce Clause 4.4 Preemption: The Supremacy Clause 4.5 Business and the Bill of Rights 4.6 Summary and Exercises Chapter 5: Introduction to Administrative Law 5.1 Agency Rationale, Creation, and Development 5.2 Agency Processes and Powers 5.3 Constraints on Agency Action 5.4 Administrative Burdens on Business Operations 5.5 Summary and Exercises Chapter 6: Introduction to Criminal Law 6.1 The Nature of Criminal Law 6.2 Types of Crimes 6.3 The Elements of Crime 6.4 Criminal Procedure 6.5 Constitutional Rights of the Accused 6.6 Summary and Exercises Chapter 7: Introduction to Tort Law 7.1 Definition and Purpose of Tort and Tort Law 7.2 Types of Torts: Intentional Torts 7.3 Types of Torts: Negligence 7.4 Types of Torts: Strict Liability 7.5 Remedies in Tort, Limitations on Remedies, and Tort Reform 7.6 Summary and Exercises Chapter 8: Introduction to Contract Law 8.1 General Perspectives on Contracts 8.2 Sources of Contract Law 8.3 Basic Taxonomy of Contracts 8.4 Summary and Exercises Chapter 9: Offer and Acceptance 9.1 The Agreement in General 9.2 The Offer 9.3 The Acceptance 9.4 Summary and Exercises Chapter 10: Real Acceptance: Free Will, Knowledge, and Capacity 10.1 Lack of Free Will: Duress and Undue Influence 10.2 Misrepresentation 10.3 Mistake 10.4 Capacity 10.5 Summary and Exercises Chapter 11: Consideration 11.1 General Perspectives on Consideration 11.2 Legal Sufficiency 11.3 Promises Enforceable without Consideration 11.4 Summary and Exercises Chapter 12: Legality 12.1 General Perspectives on Illegality 12.2 Agreements Made Illegal by Common Law 12.3 Agreements Made Illegal by Statute 12.4 Effect of Illegality and Exceptions 12.5 Summary and Exercises Chapter 13: Form and Meaning 13.1 The Statute of Frauds 13.2 The Parol Evidence Rule 13.3 Interpretation of Agreements: Legalities Versus Practicalities 13.4 Summary and Exercises Chapter 14: Third-Party Rights 14.1 Assignment of Contract Rights 14.2 Delegation of Contract Duties 14.3 Third-Party Beneficiaries 14.4 Summary and Exercises Chapter 15: Discharge of Common-Law Contract Obligations 15.1 Discharge by Performance 15.2 Discharge by Conditions 15.3 Discharge by Agreement of the Parties 15.4 Discharge by Difficulty of Performance 15.5 Other Methods of Discharge 15.6 Summary and Exercises Chapter 16: Common-Law Remedies 16.1 Theory of Contract Remedies 16.2 Promisee’s Interests Protected by Contract 16.3 Legal Remedies: Damages 16.4 Equitable Remedies 16.5 Limitations on Contract Remedies 16.6 Summary and Exercises Chapter 17: Bailments and the Storage, Shipment, and Leasing of Goods 17.1 Introduction to Bailment Law 17.2 Liability of the Parties to a Bailment 17.3 The Storage and Shipping of Goods 17.4 Negotiation and Transfer of Documents of Title (or Commodity Paper) 17.5 Summary and Exercises Chapter 18: Introduction to Sales and Leases 18.1 Commercial Transactions: The Uniform Commercial Code 18.2 Introduction to Sales and Lease Law, and the Convention on Contracts for the International Sale of Goods 18.3 Sales Law Compared with Common-Law Contracts and the CISG 18.4 General Obligations Under UCC Article 2 18.5 Summary and Exercises Chapter 19: Title and Risk of Loss 19.1 Transfer of Title 19.2 Title from Nonowners 19.3 Risk of Loss 19.4 Summary and Exercises Chapter 20: Sales Contracts Performance and Remedies 20.1 Sales: Performance by the Seller 20.2 Sales: Performance by Buyer 20.3 Sales: Excuses for Nonperformance 20.4 Sales: Remedies 20.5 Summary and Exercises Chapter 21: Products Liability 21.1 Introduction: Why Products Liability Law Is Important 21.2 Warranties 21.3 Negligence 21.4 Strict Liability in Tort 21.5 Tort Reform 21.6 Summary and Exercises Chapter 22: Nature and Form of Commercial Paper 22.1 Introduction to Commercial Paper 22.2 Scope of Article 3 and Types of Commercial Paper and Parties 22.3 Requirements for Negotiability 22.4 Summary and Exercises Chapter 23: Negotiation of Commercial Paper 23.1 Transfer and Negotiation of Commercial Paper 23.2 Indorsements 23.3 Problems and Issues in Negotiation 23.4 Summary and Exercises Chapter 24: Holder in Due Course and Defenses 24.1 Holder in Due Course 24.2 HDC Defenses and Rules in Consumer Transactions 24.3 Summary and Exercises Chapter 25: Liability and Discharge of Commercial Paper 25.1 Liability Imposed by Signature: Agents, Authorized and Unauthorized 25.2 Contract Liability of Parties 25.3 Warranty Liability of Parties 25.4 Discharge 25.5 Summary and Exercises Chapter 26: Legal Aspects of Banking 26.1 Banks and Their Customers 26.2 Electronic Funds Transfers 26.3 Wholesale Transactions and Letters of Credit 26.4 Summary and Exercises Chapter 27: Consumer Credit Transactions 27.1 Entering into a Credit Transaction 27.2 Consumer Credit Protection Laws and Debt-Collection Practices 27.3 Summary and Exercises Chapter 28: Secured Transactions and Suretyship 28.1 Introduction to Secured Transactions and to Attachment 28.2 Perfection of the Security Interest 28.3 Priorities 28.4 Rights of Creditor on Default and Disposition after Repossession 28.5 Suretyship 28.6 Summary and Exercises Chapter 29: Mortgages and Nonconsensual Liens 29.1 Uses, History, and Creation of Mortgages 29.2 Priority, Termination of the Mortgage, and Other Methods of Using Real Estate as Security 29.3 Nonconsensual Liens 29.4 Summary and Exercises Chapter 30: Bankruptcy 30.1 Introduction to Bankruptcy and Overview of the 2005 Bankruptcy Act 30.2 Case Administration; Creditors’ Claims; Debtors’ Exemptions and Dischargeable Debts; Debtor’s Estate 30.3 Chapter 7 Liquidation 30.4 Chapter 11 and Chapter 13 Bankruptcies 30.5 Alternatives to Bankruptcy 30.6 Summary and Exercises Chapter 31: Introduction to Property: Personal Property and Fixtures 31.1 The General Nature of Property Rights 31.2 Personal Property 31.3 Fixtures 31.4 Summary and Exercises Chapter 32: Intellectual Property 32.1 Patents 32.2 Trade Secrets 32.3 Copyright 32.4 Trademarks 32.5 Summary and Exercises Chapter 33: Regulation of Real Estate 33.1 Estates 33.2 Rights in Land Ownership: Estates, Easements, Licenses 33.3 Regulation of Land Use 33.4 Summary and Exercises Chapter 34: Environmental Law 34.1 The Growth of Environmentalism 34.2 Major Federal and State Legislation 34.3 The Future of Environmentalism 34.4 Summary and Exercises Chapter 35: The Transfer of Real Estate by Sale 35.1 Forms of Ownership 35.2 Brokers, Contracts, Proof of Title, and Closing 35.3 Adverse Possession 35.4 Summary and Exercises Chapter 36: Landlord and Tenant Law 36.1 Types and Creation of Leasehold Estates 36.2 Rights and Duties of Landlords and Tenants 36.3 Landlord’s Tort Liability 36.4 Summary and Exercises Chapter 37: Estate Planning: Wills, Estates, and Trusts 37.1 Wills and Estate Administration 37.2 Trusts 37.3 Factors Affecting Estates and Trusts 37.4 Summary and Exercises Chapter 38: Insurance 38.1 Definitions and Types of Insurance 38.2 Property Insurance, Liability Insurance, and Life Insurance 38.3 Insurer’s Defenses 38.4 Summary and Exercises Chapter 39: Relationships Between Principal and Agent 39.1 Introduction to Agency and the Types of Agents 39.2 Duties Between Agent and Principal 39.3 Summary and Exercises Chapter 40: Liability of Principal and Agent; Termination of Agency 40.1 Principal’s Tort and Criminal Liabilities 40.2 Principal’s Contract Liability 40.3 Agent’s Personal Liability for Torts and Contracts; Termination of Agency 40.4 Summary and Exercises Chapter 41: Partnerships: General Characteristics and Formation 41.1 Introduction to Partnerships and Entity Theory 41.2 Partnership Formation 41.3 Summary and Exercises Chapter 42: Partnership Operation and Termination 42.1 Operation: Relations Among Partners 42.2 Operation: The Partnership and Third Parties 42.3 Dissolution and Winding Up 42.4 Summary and Exercises Chapter 43: Hybrid Business Forms 43.1 Limited Partnerships 43.2 Limited Liability Companies 43.3 Other Forms 43.4 Summary and Exercises Chapter 44: Corporation: General Characteristics and Formation 44.1 Historical Background 44.2 Partnerships versus Corporations 44.3 The Corporate Veil: The Corporation as a Legal Entity 44.4 Classifications of Corporations 44.5 Corporate Organization 44.6 Effect of Organization: Limited Liability 44.7 Summary and Exercises Chapter 45: Legal Aspects of Corporate Finance 45.1 Sources of Corporate Funds 45.2 Types of Stock 45.3 Initial Public Offerings and Consideration for Stock 45.4 Dividends 45.5 Summary and Exercises Chapter 46: Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution 46.1 Corporate Expansion 46.2 Foreign Corporations 46.3 Dissolution 46.4 Summary and Exercises Chapter 47: Corporate Powers and Management 47.1 Powers of a Corporation 47.2 Rights of Shareholders 47.3 Duties and Powers of Directors and Officers 47.4 Liability of Directors and Officers 47.5 Summary and Exercises Chapter 48: Securities Regulation 48.1 Introduction to Securities Regulation 48.2 Liability Under the Securities Laws 48.3 Summary and Exercises Chapter 49: Antitrust Law 49.1 History and Basic Framework of Antitrust Laws in the United States 49.2 Horizontal and Vertical Restraints of Trade 49.3 Sherman Act, Section 2: Monopolies and Monopolization 49.4 Acquisitions and Mergers Under Section 7 of the Clayton Act 49.5 Summary and Exercises Chapter 50: Unfair Trade Practices, the Federal Trade Commission, and Consumer Protection Laws 50.1 The Federal Trade Commission and “Little FTCs” 50.2 Deceptive Acts and Practices in Advertising 50.3 Unfair Trade Practices 50.4 Other Consumer Protection Laws and Remedies 50.5 Summary and Exercises Chapter 51: Employment Law 51.1 Employment at Will 51.2 Labor-Management Relations 51.3 Federal Employment Discrimination Laws 51.4 Other Employment-Related Laws 51.5 Summary and Exercises Chapter 52: International Law 52.1 Introduction to International Law 52.2 Sources of International Law 52.3 Important Doctrines of Nation-State Jurisprudence 52.4 Doing Business Internationally and Regulation of International Trade 52.5 Summary and Exercises Chapter 53: Liability and Regulation of Accountants 53.1 Why Regulation of Accountants Is Necessary 53.2 Common-Law Liability 53.3 Federal Statutory Liability 53.4 State Regulation Affecting Accountants, and Other Duties Owed to Clients

Show more Read less
Institution
Business Law
Module
Business law

Content preview

Test Bank Business Law and the Legal Environment V 3.0 Don Mayer
Chapter 1
Introduction to Law and Legal


MULTIPLE CHOICE

1. Which school of thought holds that law is “the command of a sovereign?”
a. Positive-law school of legal thought
b. Natural-law school of legal thought
c. Legal realist school of thought
d. Critical legal studies school of thought
e. Eco-feminist school of legal thought

ANS: A DIF: Easy

2. According to the legal realist school of thought, _____.
a. precedent was more important than moral arguments
b. law is politics and is thus not neutral
c. wives, children, land, and animals are valued as economic resources
d. the social context of law is critically important
e. there is the preeminence of man and his dominance of both nature and women

ANS: D DIF: Easy-Moderate

3. Which of the following is a perspective that influences the Critical Legal Studies school of
legal thought?
a. Precedent is more important than moral arguments
b. Distributive justice theory
c. Dominator culture and patriarchy
d. The social context of law

ANS: B DIF: Easy

4. Dominator culture is _____.
a. one in which man is charged with making all that he controls economically productive
b. dominated by those with the greatest physical strength
c. strongly influenced by the economist Karl Marx and social justice theories
d. embraced by the Natural Law school of legal thought.
e. universally accepted and practiced

ANS: A DIF: Easy

5. The historical school of law _____.
a. believed that natural law was historically important
b. sees a nation’s laws as deeply rooted in the nation’s history and experience, more than in
any universal laws.



1

, c. stressed the need for certain laws and doctrines to be altered in order to keep up with
advances in technology
d. emphasized and endorsed the longstanding domination of men over both women and the
rest of the world
e. influenced the emergence of critical legal studies

ANS: B DIF: Moderate

6. The _____________ would use the law to overturn the hierarchical structures of domination
in modern society.
a. historical school of law
b. critical legal studies school of thought
c. legal realist school
d. natural law school of thought
e! all of the above

ANS: B DIF: Easy

7. According to contract law, _____.
a. harming others is considered unethical
b. private ownership of property is socially useful
c. anarchy is caused if people are not restrained by law
d. promise-breaking is seen as unethical
e. compensation is provided when serious injuries or harms occur

ANS: D DIF: Easy

8. Tort law deals with _____.
a. the rights and duties of those who can legally own land
b. what kinds of promises courts should enforce
c. how ownership can be legally confirmed and protected
d. cases that involve a dispute over illegally owned property
e. cases that involve some kind of harm between plaintiff and defendant when no contract
exists

ANS: E DIF: Easy

9. Which of the following is true of civil cases?
a. The plaintiff brings the case, and the defendant must answer.
b. Their purpose is to maintain order in society.
c. Their purpose is to deter serious wrongdoing.
d. Proof must be beyond reasonable doubt.
e. Remedies include fines, jail, and forfeitures.

ANS: A DIF: Easy




2

,10. Which of the following is true of criminal cases?
a. Guilty defendants are punished.
b. Proof depends upon the preponderance of evidence.
c. Defendant must answer or lose by default.
d. A and B
e. B and C

ANS: A DIF: Moderate

11. In Church of the Holy Trinity v. U.S., the Court _____.
a. upheld the government’s position by strictly construing the written words of the statute
without looking at the legislative intent.
b. rejected the government’s position by strictly construing the written words of the statute
without looking at the legislative intent.
c. rejected the government’s position by looking at the spirit (or intent) of the law and the
circumstances that motivated Congress to pass the law in the first place.
d. upheld the government’s position by looking at the spirit (or intent) of the law and the
circumstances that motivated Congress to pass the law in the first place.

ANS: C DIF: Moderate

12. Which of the following is true about statutes?
a. They are more important than treaties or conventions.
b. Under most treaties, the president of the United States may end the treaty whenever s/he
chooses.
c. Statutes generally take precedence over case law.
d. A and B
e. B and C

ANS: C DIF: Easy

13. The power of “judicial review” was _____.
a. made explicit in the Constitution
b. a power conferred on the Supreme Court by Congress
c. a power derived from the common law tradition
d. a power declared by Chief Justice Marshall in Marbury v. Madison
e. none of the above

ANS: D DIF: Moderate

14. A code-law system _____.
a. is used to resolve particular cases, usually by judges and a jury
b. recognizes the use of precedents in judicial cases
c. is one where all the legal rules are in one comprehensive legislative enactment
d. A and B
e. A and C



3

, ANS: C DIF: Moderate

15. In the Harris v. Forklift Systems case, the Supreme Court _____.
a. ruled that whether an environment is hostile or abusive can be determined solely by the
rule of 72
b. ruled that an employee had to prove severe psychological injury in order to win a Title
VII sexual harassment claim
c. ruled that Title VII comes into play only if the harassing conduct has led to a serious
nervous breakdown
d. raised the bar and made hostile-working environment claims under Title VII more
difficult to win
e. reversed the judgment of the Court of Appeals that a plaintiff had to show severe
psychological injury to prevail in a hostile work environment claim under Title VII.

ANS: E DIF: Moderate

TRUE/FALSE

1. “Critical legal studies” scholars accept the premise that law is objectively fair in distributing
goods among members of society.

ANS: F DIF: Easy

2. The positivist school of legal thought relies on social context and the actual behavior of the
principal actors who enforce the law.

ANS: F DIF: Easy

3. According to natural law theory, a citizen would be morally justified in demonstrating civil
disobedience of a positive law that violates natural law.

ANS: T DIF: Easy

4. According to contract law, promise-breaking without a legal excuse would be unethical.

ANS: T DIF: Easy

5. If a competitor lies about your product, your likely remedy would be in contract, not tort.

ANS: F DIF: Easy

6. Substantive legal rules tell us how to act with one another, and how to act with regard to the
government.

ANS: T DIF: Easy



© 2022 4

Written for

Institution
Business law
Module
Business law

Document information

Uploaded on
September 14, 2023
Number of pages
531
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers

Subjects

£30.65
Get access to the full document:

Wrong document? Swap it for free Within 14 days of purchase and before downloading, you can choose a different document. You can simply spend the amount again.
Written by students who passed
Immediately available after payment
Read online or as PDF

Reviews from verified buyers

Showing all reviews
2 year ago

4.0

1 reviews

5
0
4
1
3
0
2
0
1
0
Trustworthy reviews on Stuvia

All reviews are made by real Stuvia users after verified purchases.

Get to know the seller

Seller avatar
Reputation scores are based on the amount of documents a seller has sold for a fee and the reviews they have received for those documents. There are three levels: Bronze, Silver and Gold. The better the reputation, the more your can rely on the quality of the sellers work.
StepsSol Business Fellows
Follow You need to be logged in order to follow users or courses
Sold
3955
Member since
2 year
Number of followers
1309
Documents
818
Last sold
19 hours ago
Step-by-Step Solutions, Test Banks & Answer Guides

Step-by-step solutions, test banks, and answer-focused study resources for Accounting, Finance, Business, Nursing, and other subjects. These materials are designed to help students understand concepts clearly while preparing effectively for exams.I provide a combination of test banks, detailed solutions manuals, worked examples, and practice questions with clear explanations. Each resource is structured to support both exam preparation and deeper understanding, including multiple choice questions (MCQs), true/false, short answer, and problem-solving questions with guided steps. Test Banks Included | Step-by-Step Explanations | Answers Included | Latest Editions | Exam-Focused Quizzes

Read more Read less
4.3

486 reviews

5
320
4
80
3
40
2
13
1
33

Recently viewed by you

Why students choose Stuvia

Created by fellow students, verified by reviews

Quality you can trust: written by students who passed their exams and reviewed by others who've used these revision notes.

Didn't get what you expected? Choose another document

No problem! You can straightaway pick a different document that better suits what you're after.

Pay as you like, start learning straight away

No subscription, no commitments. Pay the way you're used to via credit card and download your PDF document instantly.

Student with book image

“Bought, downloaded, and smashed it. It really can be that simple.”

Alisha Student

Working on your references?

Create accurate citations in APA, MLA and Harvard with our free citation generator.

Working on your references?

Frequently asked questions