ACC 205 FINAL EXAMINATION (100% SCORE) 100 QUESTIONS

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1. 

Agency is a fiduciary relationship. 

 

A.

True

 

B.

False

 

2. 

The term "stare decisis" means "reversing the decision."  

 

A.

True

 

B.

False

 

3. 

Offers for both bilateral and unilateral contracts involve a promise from the offeror.  

 

A.

True

 

B.

False

 

4. 

A decision from a state supreme court is binding on a lower state court located in the same state.  

 

A.

True

 

B.

False

 

5. 

A decision from a state supreme court in one state is binding on a trial court judge in another state if the other state has no applicable law on the issue involved.  

 

A.

True

 

B.

False

 

6. 

A court must have two types of jurisdiction to decide any particular case.  

 

A.

True

 

B.

False

 

7. 

Subject matter jurisdiction is a court's power to hear certain kinds of cases.  

 

A.

True

 

B.

False

 

8. 

Concurrent federal jurisdiction means both state and federal courts have jurisdiction over a case. 

 

A.

True

 

B.

False

 

9. 

To disaffirm a contract, a minor MUST act before reaching the age of majority.  

 

A.

True

 

B.

False

 

10. 

A contract remains executory as long as any party to the contract has not fully performed. 

 

A.

True

 

B.

False

 

11. 

An offer for a unilateral contract cannot be accepted by a mere promise to perform.  

 

A.

True

 

B.

False

 

12. 

Two of the four basic contract requirements are agreement and signature of the parties.  

 

A.

True

 

B.

False

 

13. 

An implied in fact contract is one based on the conduct of the parties.  

 

A.

True

 

B.

False

 

14. 

Ease and cost of formation are factors to be considered in the selection of the form under which a business should operate.  

 

A.

True

 

B.

False

 

15. 

A person who is not an employee, who is employed by the principal to perform a certain task on the principal's behalf, is an independent contractor.  

 

A.

True

 

B.

False

 

16. 

Shareholders have unlimited liability that can exceed the extent of their capital contributions.  

 

A.

True

 

B.

False

 

17. 

A general partnership relieves the general partners of liability for the debts and obligations of the partnership.  

 

A.

True

 

B.

False

 

18. 

Limited partners are liable for partnership debts.  

 

A.

True

 

B.

False

 

19. 

Physical contact is not necessary to be liable for the tort of assault.   

 

A.

True

 

B.

False

 

20. 

A person charged with a crime in the United States is presumed innocent until proven guilty.   

 

A.

True

 

B.

False

 

21. 

The surface rights and the subsurface rights for the same parcel of real property can be owned by two different persons.  

 

A.

True

 

B.

False

 

22. 

Truth is an absolute defense in a cause of action for defamation.   

 

A.

True

 

B.

False

 

23. 

The judicial branch has authority to examine the actions of both the legislative branch and the executive branch to determine whether these acts are constitutional.   

 

A.

True

 

B.

False

 

24. 

If the federal government preempts states from regulating in an area, the states may not continue to pass legislation that conflicts with federal statutes.   

 

A.

True

 

B.

False

 

25. 

The first 10 amendments that were added to the U.S. Constitution are known as the Bill of Rights.   

 

A.

True

 

B.

False

 

26. 

The primary function of an agent in a principal-agent relationship is to:  

 

A.

Maintain the principal's status quo.

 

B.

Operate as a partner with the principal.

 

C.

Enter into contracts with the principal.

 

D.

Conduct business on behalf of the principal.

 

27. 

Which of the following is true about determining whether someone working for another is an independent contractor or an employee?  

 

A.

The classification of the person doing the work depends on that person's job title.

 

B.

The classification of the person doing the work depends on a number of factors, with the degree of control over that person's work by the person who is paying for the work being the most important factor.

 

C.

The classification of the person doing the work depends on a number of factors, with no single factor being any more important than the others.

 

D.

The classification of the person doing the work depends on if the person is also an agent.

 

28. 

An agency relationship can terminated by:  

 

A.

Achievement of the agency's purpose.

 

B.

Mutual agreement.

 

C.

Occurrence of a specific event.

 

D.

All of these.

 

29. 

Imprisonment is generally imposed to serve all of the following functions except:   

 

A.

Allowing victims to have a formalized process to meet and confront the criminal.

 

B.

Deterring others from engaging in criminal conduct.

 

C.

Providing a means to rehabilitate the criminal.

 

D.

Protecting society from the person imprisoned.

 

30. 

The two general elements required in order to prove guilt in a crime are:   

 

A.

Criminal act and damages.

 

B.

Criminal act and physical injury.

 

C.

Criminal act and criminal intent.

 

D.

Criminal act and at least one impartial witness.

 

E.

Criminal act and resultant harm.

 

31. 

Which of the following would constitute the crime of embezzlement?   

 

A.

The cashier at a grocery store takes money from his own cash register.

 

B.

A receptionist who works in a bank lobby distracts a teller and takes money from the teller without the teller's knowledge.

 

C.

An electrician working in a client's home takes $100 from the homeowner's desk drawer.

 

D.

A roofing contractor takes a lawn mower from a homeowner while doing a job for the homeowner.

 

E.

A self-serve gasoline customer drives away without paying for the gas.

 

32. 

Identity fraud typically occurs when:   

 

A.

Someone uses a fictitious name in place of her real name.

 

B.

Someone uses the name and other identifying information of another person to engage in fraudulent activity.

 

C.

Someone steals a ticket with a name associated with it, such as an airline ticket, and uses it in place of the original owner.

 

D.

Someone operates under two or more different names, at least one of which is fictitious.

 

33. 

Which of the following is true about the crime of bribery?   

 

A.

Only the person who gives a bribe and is successful at having it accepted can be convicted.

 

B.

A party who even considers accepting a bribe can be convicted, as well as the person offering the bribe, whether or not it is accepted.

 

C.

A party who actually accepts a bribe can be convicted, as well as the person offering the bribe, whether or not it is accepted.

 

 

D.

Only the person who offers the bribe can be convicted, but that person is guilty whether or not the bribe is accepted.

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