Multiple choice Question for Business law, please help me to do that QUESTION 1

Question

Multiple choice Question for Business law, please help me to do that

QUESTION 1

Assume a state supreme court held in 2005 that a minor could cancel a contract for the purchase of an laptop computer. A similar case related to an I-Pad(R) is now before a trial court in the same state. Under the doctrine of stare decisis, the court would be expected to

            a.         ignore the prior ruling because it is more than five years old.

            b.         allow the minor to cancel the contract.

            c.          ignore the prior ruling because it is unrelated to the current case.

            d.         prevent the minor from canceling the contract if an I-Pad(R) is necessary for school

QUESTION 2

The history of common law can be traced to:

            a.         a group of legal principles enacted by continental European nations.

            b.         a body of general rules that was applied in the courts throughout England.

            c.          the new laws established in the American colonies in the 17th century.

            d.         Roman civil law.

QUESTION 3

States are allowed to regulate private activities such as land use to protect or promote the public order, health, safety, and general welfare under their

            a.         Second Amendment rights.

            b.         police powers.

            c.          taxing powers.

            d.         judicial powers.

QUESTION 4

The first ten Amendments to the US Constitution, known as the Bill of Rights, contain a series of protections for individuals against various types of actions by

            a.         the federal government.

            b.         federal, state, and local governments.

            c.          state and local governments.

            d.         private individuals.

QUESTION 5

Substantive due process focuses on

            a.         procedures used to make decisions to take life, liberty, or property.

            b.         proper application of the content of a law.

            c.          methods used for enacting or repealing a law.

            d.         all of the above.

QUESTION 6

Procedural due process focuses on

            a.         procedures used to make decisions to take life, liberty, or property.

            b.         proper application of the content of a law.

            c.          methods used for enacting or repealing a law.

            d.         all of the above.

QUESTION 7

The US Constitution authorizes Congress to do all EXCEPT which of the following?

            a.         Borrow money.

            b.         Establish standards for professional licenses.

            c.          Establish a uniform rule for naturalization.

            d.         Regulate interstate commerce.

QUESTION 8

Etta commits the intentional tort of assault if she creates in Sam an apprehension or fear of

            a.         future harm.

            b.         past harm.

            c.          past, immediate, or future harm.

            d.         immediate harm.

QUESTION 9

Dante falsely accuses Sandy of fraudulently filing a company expense report and misusing company funds. Dante has committeed slander only if

            a.         Sandy suffers emotional distress.

            b.         the statement is published in the media.

            c.          Sandy hears it.

            d.         a third party hears it.

QUESTION 10

Carlos, the manager of The Gr8 Outdoor Store, detains Terry, whom Carlos suspects of shoplifting. Terry sues Carlos, alleging that the detention was false imprisonment. Carlos is liable if Terry

            a.         had probable cause to leave the premises.

            b.         was detained for an unreasonably long period of time.

            c.          had not shoplifted in the past.

            d.         did not actually shoplift.

QUESTION 11

Civil law is concerned with disputes between persons and

            a.         other persons and between persons and their government.

            b.         society at large only.

            c.          other persons only.

            d.         other persons and between persons and foreign nations.

QUESTION 12

Splendid Pasteries acts unethically to attract customers away from Sweet Treats, its main competitor, in the hope of driving Sweet Treats out of business. Splendid might be liable for the tort of

            a.         wrongful interference with a contractual relationship.

            b.         fraudulent misrepresentation.

            c.          wrongful interference with a business relationship.

            d.         conversion.

QUESTION 13

SuiJin leaves her necklace with In-town Jewelers to have the clasp replaced. After the necklace is repaired, In-town Jewelers would be liable for trespass to personal property if it keeps the necklace

            a.         for more than 48 hours or two business days, whichever comes first.

            b.         while trying to notify SuiJin the repair had been completed.

            c.          because SuiJin refuses to pay for the repair.

            d.         without SuiJin's permission.

QUESTION 14

Richstein owns a 20,000 acre ranch. Barlow drives off the public roadway and across Richstein's property using Richstein's private road. Barlow commits trespass against real property only if he

            a.         did not have Richstein's permission to enter the property.

            b.         drove onto the property for recreational purposes.

            c.          harmed the property in a material way.

            d.         harmed the property in any way.

QUESTION 15

Karston is a used-car salesperson. Karston commits fraud if, in order to make a sale, he

            a.         states that the car had been owned by a senior citizen when he knows the statement is false.

            b.         states an opinion about the quality of the sound system even though he is nearly deaf.

            c.          uses puffery, or seller's talk, to make the car sound like a good deal.

            d.         offers a discounted price to a senior citizen.

Explanation / Answer

1) The correct answer is option b because Stare decisis is a doctrine or policy of following the rules or decision that was taken previously. That means previous decisions needs to be followed by the court. Since the court took the decision that minor can cancel a contract for the purchase of an laptop computer the same rule should be followed for the cancellation of contractfor the purchase of ipad by the minor.

2) The correct answer is option b. Common law system trace their history to England and originated during the Middle Ages in England.The Common law placed great weight on court decisions. Common law refers to the pre-Christain system of law, imported by the saxons to England.

3) The correct answer is option b. Police power describes the basic right of governments to make laws and regulation which benefits the community. The states make laws governing safety, health, welfare, and morals is derived from Tenth amendment.

4) The correct answer is a. The first ten amendments known as Bill of Rights applied only to federal government. The fourteen amendments, later opened door for local and stae government.

5) The correct answer is b. The substantive due process aims to protect individuals against majoritarian policy enactments that exceeds the limits of governmental authority. It is a principle that allows the court to protect certain rights from government interference. It is about the specific right that is being infridged and is protected by law.It deals with the fairness of laws.

6) The correct answer is option d. Procedural due process relates to how a procedure is brought against you and the rights you have relating to legal procedure. It deals with governmental mehods and how they are used.

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