MGMT 230

101.          Compensatory damages are foreseeable damages that arise from a party’s breach of contract. True     False

102.          Special damages are awarded for damage caused by special circumstances beyond a contract. True     False

103.          The purpose of the doctrine of election of remedies is to permit a double recovery. True     False

104.          A party who knowingly accepts defective performance of a contract waves the breach. True     False

105.          The stability and predictability of the law is essential to business activities. True     False

106.          State law that conflicts with the U.S. Constitution will be deemed unconstitutional. True     False

 

107.          Common law is a term for law that is common throughout the world. True     False

108.          Damages are a remedy at law. True     False

109.          Courts do not depart from precedent True     False

110.          Most state trial court decisions are not published. True     False

111.          Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy. True     False

112.          Venue is the term for the subject matter of a case. True     False

113.          There is one set of procedural rules for federal courts and various sets for state courts. True     False

114.          A default judgment is entered against a party who fails to respond to the allegations in a complaint. True     False

115.          A summary judgment is granted only if there is no genuine question of law. True     False

116.          Alternative dispute resolution refers to any method for resolving a dispute outside the court system. True     False

 

117.          A court’s scope of review on the appeal of an arbitrator’s award may be restricted. True     False

118.          An arbitrator’s award may be set aside if it was the result of corruption or fraud. True     False

119.          Corporations can be perceived as owing ethical duties to groups other than their shareholders. True     False

120.          Restricting the bonuses that are paid to executives is unethical. True     False

121.          Bribery of foreign government officials is both an ethical and legal issue. True     False

122.          Any employee, except and undocumented alien, can bring an action for employment discrimination. True     False

123.          Employers cannot forbid their employees from participating in any religious activity. True     False

124.          Sexual harassment occurs when sexual favors are demanded in return for job opportunities, promotions, salary increases or other benefits. True     False

125.          An employer may be liable for the harassment of non-employees if the employer knew about the harassment and failed to take corrective action. True     False

126.          The Americans with Disabilities Act of 1990 defines persons with disabilities as persons with physical or mental impairments that “substantially limit” their everyday activities. True     False

127.          Under current law, an employer must adopt an affirmative action plan. True     False

128.          Generally, under employment at-will doctrine, an employee may quit a job at         any time for any reason. True     False

129.          All employees are entitled to overtime pay. True     False

130.          Certain employers must provide their employees with up to 15 weeks of unpaid family or medical leave during any 15-month period. True     False

131.          An employer generally is required to notify an employee when an absence will be counted as family or medical leave under federal law. True     False

132.          Employers have a general duty to keep the workplace safe. True     False

133.          Non-employees may recover benefits under Workers Compensation laws. True     False

134.          To recover Workers Compensation, an employee must prove that an injury did not occur on the job or in the course of employment. True     False

135.          Employers are required to establish retirement plans for their employees. True     False

136.          No employee has a reasonable expectation of privacy in the workplace. True     False

137.          An independent contractor may not act in the capacity of an agent. True     False

138.          A person must have contractual capacity to be a principal. True     False

139.          An agent’s actions must be strictly for the benefit of the principal. True     False

140.          Apparent authority usually comes into existence through a principal’s pattern of conduct over time. True     False

141.          A principal is exposed to tort liability whenever a third person sustains a loss due to an agent’s misrepresentation. True     False

142.          A corporation is referred to a domestic corporation by its home state. True     False

143.          An S corporation is treated the same as a regular corporation for tax purposes. True     False

144.          The first step in the incorporation process is to select the state in which to operate. True     False

145.          When the corporate privilege is abused for personal benefit, the court will require the owners to assume personal liability. True     False

146.          Many states permit a corporate board to have fewer than three directors. True     False

 

147.          A director or officer is not liable to the corporation for a negligently made bad business decision. True     False

148.          Directors are entitled to use confidential corporate information for their personal advantage. True     False

149.          A director does not need to expose any conflict of interest before voting on a proposed transaction. True     False

150.          Before shareholders can bring a derivative suit, they must submit a written demand to the corporation, asking the board of directors to take action. True     False

151.          False imprisonment is a legal term for “privilege to detain.” True     False

152.          Malicious prosecution can occur if a party initiates a lawsuit out of malice. True     False

153.          If it can be shown that a trespass to personal property was warranted, a complete defense exists. True     False

154.          Causation in fact exists if an injury would not have occurred without the defendants act. True     False

155.          The law establishes limits to liability for negligence through the concept of proximate cause. True     False

 

156.          Negligence per se may occur on the violation of a statute. True     False

157.          The basis for applying strict liability is an intentional wrongful act. True     False

158.          Strict liability is imposed based on fault. True     False

159.          The purpose of tort law is to punish criminal wrong doers. True     False

160.          Only the manufacturer of a defective product can be strictly liable for an injury or damage caused by the product. True     False

161.          The types of product defects that have been traditionally recognized in product liability law include design defects. True     False

162.          When an offeror does not specify a means of acceptance, acceptance can be made by any means of a communication that is reasonable. True     False

163.          If a buyer breaches a contract, the seller can choose to simply cancel the contract. True     False

164.          An e-contract must meet the same basic requirements as a paper contract. True     False

165.          Under federal law, an electronic document can be as enforceable as a paper one. True     False

 

166.          A contractual obligation may not be discharged through novation. True     False

167.          In Islamic countries, the law is often influenced by the religious law of Islam. True     False

168.          In a civil law system, the only official source of law is a statutory code. True     False

169.          Disparate impact discrimination is intentional discrimination. True     False

170.          The burden of proof required in a criminal case is “preponderance of the evidence.” True     False

171.          Stealing software is not a crime. True     False

172.          Necessity is never a defense to a criminal act. True     False

173.          The U.S. Constitution is the supreme law of the United States. True     False

174.          There is one right answer to every legal question. True     False

175.          State courts are inferior to federal courts. True     False

176.          For purposes of diversity of citizenship, a corporation is a citizen only of the state in which its principle place of business is located. True     False

177.          A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers for its products. True     False

178.          Courts of appeals conduct new trials in which evidence is submitted to the court but witnesses are not examined. True     False

179.          Discrimination based on Title VII is narrowly construed. True     False

180.          Employers are prohibited from electronically monitoring their employees. True     False

181.          The only defense to criminal liability that justifies the use of force is self-defense. True     False

182.          Under the exclusionary rule, all evidence must be included in a criminal prosecution. True     False

183.          A misdemeanor is a crime punishable only by a fine. True     False

184.          The purpose of the exclusionary rule is to encourage criminals to provide exclusive evidence of their crimes. True     False

185.          Federal administrative agencies can regulate beyond the powers granted by enabling legislation. True     False

186.          Administrative agencies cannot make legislative rules or substantive rules that are as legally binding as laws that the congress passes. True     False

187.          Independent regulatory agencies include the cabinet departments of the executive branch. True     False

188.          All powers not specifically delegated to the federal government are reserved to the states. True     False

189.          Under the commerce clause, a state may impose a higher tax on out of state products shipped to in state locations. True     False

190.          Preemption is a doctrine under which a state law takes precedence over a conflicting federal law. True     False

191.          The taxing and spending clause of the U.S. Constitution has had a greater impact on business than any other clause in the constitution. True     False

192.          The right to due process of law applies to corporations. True     False

193.          Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy. True     False

194.          Federal cases typically originate in appellate courts. True     False

195.          A petitioner is the party against whom an appeal is taken. True     False

196.          The most common way to discharge a contract is by performance. True     False

197.          Anything less than complete performance is a material breach of contract. True     False

198.          Some risks are obvious but with respect to the duty of care required to establish negligence, a warning is always necessary. True     False

199.          To avoid strict product liability, a manufacturer must make a product entirely safe for all uses. True     False

200.          The extreme risk of an activity is a primary basis for imposing strict liability. True     False