Bakersfield College

BSAD C131

Multiple Choice:

1)Duty is:

1. 1. the order or pattern of rules that society establishes to govern the conduct of individuals.
   2. the legal capacity to require another person to perform or refrain from an action.

1. 3. always the result of case-law decisions.

1. 4. an obligation of law imposed on a person to perform or refrain from performing a certain act.

2. The right to privacy could best be described as:

1. 1. the right to have a hearing before any freedom is taken away.

1. 2. the right to free speech.

1. 3. the right to be free from unreasonable intrusion by others.

1. 4. None of these are correct.

3.                             is a body drafted statutes on various subjects for adoption by the states.

1. 1. Uniform State Law

1. 2. State statutes

1. 3. Stare decisis

1. 4. The common law

4. Appellate judges can hear the same testimony and consider the same evidence as the trial court did in rendering a decision. Is this true?

1. 1. No, the appellate court does not hear any evidence.

1. 2. No, the appellate court only hears the witnesses testify a second time (without exhibits).

1. 3. Yes, but only where the outcome of the case is clearly wrong.

1. 4. Yes, but only when the losing party desires a new trial.

5. A judgment notwithstanding the verdict allows:

1. 1. the plaintiff to demand payment from the defendant of a judgment won in court.

1. 2. the judge to decide, after a jury's verdict, to set aside the verdict as the evidence is so clear that reasonable people could not differ as to the outcome of the case.

1. 3. the clerk of court to issue a demand for a new trial.

1. 4. the plaintiff, without further process, to obtain a portion of the defendant's wages.

6. It is the reliance on                              , not the reliance on                              , which produces good business relationships.
   1. promises; litigation

1. 2. litigation; promises

1. 3. drive; ethics

1. 4. disobedience; compliance

7. Businesses that act irresponsibly in response to ethical challenges:

1. 1. may have to pay the costs of arbitrary legislation.

1. 2. often gain a competitive advantage.

1. 3. have less intrusive changes responding to the trends.

1. 4. pay attention to social views and desire for change.

8. Which of the following situations reflects a possible challenge to loyalty?

1. 1. You accept a contract you are supposed to communicate to a friend without letting them know.

1. 2. You hire a college buddy for a company position although another candidate is more qualified.

1. 3. You buy a lot that you learned about researching for a company project.

1. 4. All of these are correct.

9. A body of principles that establishes the structure of a government is given power to administer to national concerns while individual states retain the power to administer to local concerns is called:

1. 1. bicameral.

1. 2. constitution.

1. 3. federal.

1. 4. tripartite.

10. The executive branch of government has the function of:

1. 1. making laws.

1. 2. executing the laws.

1. 3. interpreting the laws.

1. 4. None of these are correct.

11. Article V of the U.S. Constitution spells out the procedure for amending the Constitution. This method calls for:

1. 1. express amendment.

1. 2. amendment by interpretation.

1. 3. amendment by practice.

1. 4. All of these are correct.

12. In 1937, the Supreme Court began expanding the scope of the commerce clause of the Constitution by:
    1. prohibiting the U.S. government from engaging in interstate commerce.

1. 2. prohibiting the U.S. government from regulating interstate commerce.

1. 3. expanding by Supreme Court interpretations to give the U.S. government the power to regulate the general welfare of the nation.

1. 4. declaring the Commerce Clause unconstitutional in 1937.

13. Section                 of the Sherman Act provides that contracts, trusts, and conspiracies to restrain trade are illegal.

1. 1. A

1. 2. B

1. 3. 2

1. 4. 1

14. For violation of the Sherman Act, the maximum penalty that can be imposed on a natural person is:

1. 1. $1 million/imprisonment of 10 years or both.

1. 2. $350,000/1 year imprisonment.

1. 3. $1 million.

1. 4. $1 billion/20 years imprisonment or both.

15. Administrative agencies are governmental entities—other than courts and legislatures — having authority:

1. 1. to lay and collect taxes, duties, imposts and excises.

1. 2. to make an official decision upon the respective rights of the parties to a suit.

1. 3. to administer and implement legislation.

1. 4. to pay for the debts and common defense and general welfare.

16. Under the Freedom of Information Act administrative agencies can deny access to nine categories of records that:
    1. is not necessary to their legitimate interests and might harm the person or company whose information is being sought.

1. 2. are related to anyone who is the Screen Actors Guild.

1. 3. is protected by the Government in the Sunshine Act.

1. 4. is requested to be protected by either political party.

17. Administrative law judges have the authority to do all but which one of the following?

1. 1. Swear witnesses.

1. 2. Make evidentiary rulings.

1. 3. Take testimony.

1. 4. Impanel a jury.

18. A robbery is:

1. 1. the wrongful or fraudulent taking of personal property.

1. 2. breaking and entering a dwelling during the night.

1. 3. the willful and malicious burning of another's dwelling.

1. 4. the taking of personal property from the presence of the victim by use of force or

fear.

19. Computer raiding is:

1. 1. theft of hardware.

1. 2. theft of software.

1. 3. taking information from a computer without the consent of the owner.

1. 4. using a computer network to trade stocks on the NYSE.

20. The Latin term tortus, which means "crooked, dubious, twisted," is known in the U.S. as a:

1. 1. tort.

1. 2. criminal action.

1. 3. mala in se.

1. 4. sin.

21. A crime is a wrong that arises from a violation of a public duty, whereas a tort:

1. 1. is a wrong that arises from actions at work only.

1. 2. is a wrong that arises from a violation of a private duty.

1. 3. is a wrong that arises from voter fraud only.

1. 4. is a wrong that must happen in a private setting.

22. In order to establish the tort of battery, a person must show:

1. 1. intentional confinement.

1. 2. threat of imminent harm.

1. 3. wrongful touching.

1. 4. unpermitted entry on land.

23. The widest range of tort liability arises in the area of:

1. 1. violation of statute.

1. 2. assumption of the risk.

1. 3. negligence.

1. 4. strict liability.

24. Contributory negligence:

1. 1. has been adopted by most of the states.

1. 2. allows a comparison of negligence between plaintiff and defendant.

1. 3. has been held to be applicable in all states, regardless of the extent of the plaintiff's own negligence.

1. 4. is a bar to recovery under common law.

1. Describe the judicial system in the Federal and State Systems.

1. Describe type of courts in a State (pick any State).