BL Study Guide, Semester Exam True/False Indicate whether the statement is true or false. ____ 1. Courts make laws in three ways: through common-law tradition, by interpreting statutes, and by the judicial review. ____ 2. Changes in ethical standards can help us get rid of old laws. ____ 3. The main sources of the law include constitutional law, commerce law, statutes, and civil law. ____ 4. People cannot use self-defense in court if they started the confrontation. ____ 5. Unlike an intentional tort, negligence results when one person carelessly injures another. ____ 6. Since the reasonable person test is an objective test, it is often used to help determine negligence. ____ 7. Contracts can be made orally or in writing. ____ 8. A contract must contain a minimum of 50 percent of the elements in order to be valid. ____ 9. The law allows minors to get out of contracts. ____ 10. A sale is a contract in which the ownership of goods is transferred to the buyer from the seller for a price. ____ 11. Cyberlaw merges concepts and doctrines from many legal fields and puts them in the context of computers. ____ 12. Identity thieves often target your credit card account, and it can take years to fix the problem once they have stolen your identity. ____ 13. When cybervandalism is done as a prank, it is not considered a crime. Multiple Choice Identify the choice that best completes the statement or answers the question. ____ 14. The early American colonists based their laws and early court decisions on a. the Roman Code. c. English common law. b. Roman administrative law. d. English moral law. ____ 15. Usually, the first step in cases involving juvenile offenders by the court involves a. an adjudicatory hearing. c. a detention hearing. b. probation. d. a minimum of three days in jail. ____ 16. Any reckless form of physical or mental harm in a family is called a. kidnapping. c. domestic violence. b. aggravated assault. d. larceny by false pretenses. ____ 17. If your neighbor keeps a wild animal as a pet and it escapes and bites you, your neighbor will be liable under the doctrine of a. assumption of risk. c. unintentional liability. b. strict liability. d. dangerous liability. ____ 18. The difference between a tort and a crime is that a tort is a wrong committed against a particular person or property while a crime is a. a wrong committed against the public good. b. a civil matter. c. a private wrong. ____ 19. ____ 20. ____ 21. ____ 22. ____ 23. ____ 24. ____ 25. ____ 26. ____ 27. ____ 28. ____ 29. ____ 30. ____ 31. ____ 32. d. remedied through compensation. A contract that contains a promise by one person to do something if and when the other person performs some act is called a(n) a. express contract. c. bilateral contract. b. implied contract. d. unilateral contract. Most contracts consist of one party promising to do something in exchange for another person’s promise to do something else. These contracts are called a. bilateral contracts. c. acceptance contracts. b. unilateral contracts. d. revocation contracts. When a minor disaffirms a contract, the merchandise received upon entering the contract should be a. undamaged. c. paid for. b. returned. d. ratified. When a guardian is appointed by the court for a mentally impaired person, that person’s contracts are then declared a. voidable. c. void. b. binding. d. disaffirmed. Contracts that must be in writing include those contracts a. involving minors. c. for all sale of goods. b. to pay someone else’s debts. d. involving motor vehicles. The legal transfer of a duty under contract is called a(n) a. alteration. c. novation. b. assignment. d. delegation. When physical force is used to cause another person to enter a contract it is called a. undue influence. c. economic duress. b. duress. d. fraud. Lying with intent to serve an unfair and unlawful gain is called a. misrepresentation. c. unilateral mistake. b. libel. d. fraud. Which of the following is NOT a remedy for breach of contract? a. have the person who breached the contract jailed b. accept the breach c. sue for damages d. ask the court for an injunction The UCC laws govern all of the following business transactions EXCEPT the sale of a. bonds. c. gasoline. b. cars. d. computer equipment. As interstate commerce developed, a need for consistent laws regarding the sale and lease of goods arose. These laws are called the a. Federal Trade Commission. c. Uniform Contract Laws. b. Federal Sales Act. d. Uniform Commercial Code. The law that protects you from unreasonable risk when using shampoos and other hair supplies is called the a. Consumer Product Safety Act. c. Federal Consumer Protection Act. b. Consumer Leasing Act. d. State Trade Commission Act If a friend gives you a watch to hold while he or she goes jogging and the watch gets scratched, you are not liable because it was a a. bailment by necessity. c. mutual benefit bailment. b. gratuitous bailment. d. pledge. If you find abandoned property, you ____ 33. ____ 34. ____ 35. ____ 36. ____ 37. ____ 38. ____ 39. ____ 40. ____ 41. ____ 42. ____ 43. ____ 44. a. must try and find the owner. b. must advertise in the local paper for the owner. c. may keep it. d. must leave it where you found it. A type of co-ownership in which a person's heirs inherit that person's share of a property is known as a. tenancy by the entirety. c. joint tenancy. b. tenancy in common. d. adverse possession. The person who writes a promissory note is a(n) a. drawer. c. payee. b. maker. d. acceptor. In a transaction for the sale of goods, the security interest a. is not legally enforceable by the secured party. b. is not available to be sold at auction if a default occurs. c. attaches to the actual individual goods. d. attaches to after-acquired property. Credit that can be increased by the debtor by continuing to purchase goods or services on credit is called a. installment credit. c. closed-end credit. b. open-end credit. d. credit with collateral. If unauthorized charges are made on a credit card before the issuing company is notified, the cardholder is liable for up to a. $25. c. $75. b. $50. d. $100. Ordinary bankruptcy is also called a. Chapter 7. c. Chapter 12. b. Chapter 11. d. Chapter 13. The form of bankruptcy that lets family farmers develop a plan for debt repayment and keep their business running is called a. Chapter 7. c. Chapter 12. b. Chapter 11. d. Chapter 13. The No Electronic Theft Act of 1997 provides prison terms and fines for anyone who a. steals someone’s debit card and uses it. b. uses a piece of copyrighted software before it is sold to the public. c. creates an electronic duplicate of a copyrighted work for profit. d. uses someone else’s digital signature. A domain name is the a. server where a Web site is located. c. copyrighted name of a business. b. trademark used on a business Web site. d. Internet address of a business. The Uniform Computer Information Transactions Act a. allows duplicate domain names as long as the business is in a different state. b. protects the patents of software programmers. c. requires government agencies to use the same computer system. d. governs the law for cybercontracts. Cyberspoofing is a crime in which a person a. creates a virus to disrupt someone else’s computer network. b. commits cyberextortion or blackmail. c. falsely adopts the identity of someone else in order to commit fraud. d. uses a computer to steal data stored in digital format. Firewalls and anti-virus software are specifically designed to protect your computer from acts of a. cybergerm warfare. c. cyberterrorism. ____ 45. ____ 46. ____ 47. ____ 48. ____ 49. ____ 50. b. cybertorts. d. identity theft. The Electronic Communications Privacy Act a. protects your medical records from being transmitted electronically. b. restricts the unauthorized access of e-mail and instant messaging. c. protects your banking and other financial records from unauthorized users. d. prevents the use of an electronic device that can falsely damage a person’s reputation. A legal protection for literary, artistic, and scientific works is called a a. domain. c. patent. b. copyright. d. trademark. A distinctive name, word, symbol, image, or slogan used by a business for identity purposes is called a a. domain name. c. trademark. b. patent. d. copyright. Cybercontract law deals with a. jurisdictional issues related to e-commerce. b. digital music and videos broadcast online. c. contracts that are printed from a computer. d. the buying and selling of computers and computer programs. If someone creates a phony Web site that simulates a real bank and sends false e-mails, it is called a. cyberblackmail. c. cyberspoofing. b. cyberphishing. d. cyberpiracy. Legal protection for literacy, artistic, and scientific works is called a a. copyright c. domain name b. patent d. trademark Completion Complete each statement. 51. The first three Articles of the ____________________ form a system of checks and balances so that one branch of the government has no more power than another. 52. A(n) ____________________ is a wrong committed by a person who knows and wants the resulting consequences. 53. A(n) ____________________ contract comes about from the actions of the parties and can occur without exchanging a single word. 54. To prove ____________________, the innocent party has to show that he or she depended on the lie. 55. The Uniform Commercial Code is a collection of laws that governs the sale and lease of ____________________. 56. A(n) ____________________ deed transfers title to property without giving any warranties. 57. A written promise by one person to pay money to another person is called a(n) ____________________. 58. Buying a car and paying for it in installments is an example of using ____________________ credit. 59. An unsecured loan does not require any ____________________, but the interest rate is much higher than on a secured loan. 60. ____________________ bankruptcy offers a method for businesses to reorganize their financial affairs and still remain in business. Matching Match each term with its definition a. substantive law b. procedural law c. felonies d. misdemeanors e. strict liability f. intentional tort g. offer h. Statute of Frauds ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. undue influence express warranty lien negotiable instrument bankruptcy Fair Credit Billing Act Truth in Lending Law Equal Credit Opportunity Act Major crimes such as murder and rape Proposal by one party to another party to enter into a contract Actions that make inappropriate use of one person’s power over another Oral or written guarantee by a manufacturer or a seller A legal claim against another person’s property as security for a debt or loan Actions that are deliberate and cause hurt or embarrassment to others Also known as commercial paper Tells us what law is, rather than how it works A state law that requires certain laws be in writing Requires creditors to correct billing errors brought to their attention A law that makes it illegal to discriminate against credit applicants Also known as the Consumer Credit Protection Act A legal doctrine that says some activities are so dangerous that liability will always follow The legal process by which a debtor can make a fresh start through the sale of assets to pay off creditors Tells us how the law works Less serious crimes such as driving without a license a. b. c. d. e. ____ ____ ____ ____ ____ ____ ____ ____ ____ i. j. k. l. m. n. o. p. cyberspoofing cyberpiracy cyberblackmail identity theft cyberterrorism f. g. h. i. cybervandalism cybergerm warfare cyberdefamation cyberinvasion of privacy adopting the adentity of another computer user or creating a false identity to commit fraud communication via computer of false data that damages a person’ reputation disrupting, damaging, or destroying a web site or computer network using illegally obtained information from a computer to pressure a victim into granting a payoff using a computer to steal financial, employment, educational, medical, and personal data transmitting computer viruses to destroy computer systems or files unvelcome intrusion by computer into the private matters of an individual using a computer to disrupt the national electronic infrastructure using a computer to steal data BL Study Guide, Semester Exam Answer Section TRUE/FALSE 1. ANS: NAT: 2. ANS: NAT: 3. ANS: NAT: 4. ANS: 5. ANS: NAT: 6. ANS: NAT: 7. ANS: NAT: 8. ANS: 9. ANS: NAT: 10. ANS: NAT: 11. ANS: NAT: 12. ANS: 13. ANS: NAT: T PTS: 1 DIF: 2 NBEA IB3d | NBEA IC | NBEA IC1a | NBEA IC2a T PTS: 1 DIF: 2 NBEA IA3a F PTS: 1 DIF: 2 NBEA IB T PTS: 1 DIF: 2 T PTS: 1 DIF: 2 NBEA IE3d T PTS: 1 DIF: 2 NBEA IE3e T PTS: 1 DIF: 1 NBEA IIA3a F PTS: 1 DIF: 2 T PTS: 1 DIF: 1 NBEA IIA3f T PTS: 1 DIF: 1 NBEA IIB | NBEA IIB3a T PTS: 1 DIF: 1 NBEA VIIA3a T PTS: 1 DIF: 2 F PTS: 1 DIF: 1 NBEA VIIA3a REF: 13 REF: 9 REF: 9-14 REF: 40 REF: 61 REF: 62 REF: 82 REF: 82 REF: 102 REF: 163 REF: 415 REF: 417 REF: 417 MULTIPLE CHOICE 14. ANS: NAT: 15. ANS: NAT: 16. ANS: NAT: 17. ANS: NAT: 18. ANS: NAT: 19. ANS: NAT: 20. ANS: NAT: 21. ANS: C NBEA IB C NBEA IC3b C NBEA IE2b B NBEA IE3f A NBEA IE3c D NBEA IIA3a A NBEA IIA3a B PTS: 1 DIF: 2 REF: 11 PTS: 1 DIF: 3 REF: 27 PTS: 1 DIF: 2 REF: 43 PTS: 1 DIF: 3 REF: 64 PTS: 1 DIF: 3 REF: 56 PTS: 1 DIF: 1 REF: 85 PTS: 1 DIF: 2 REF: 85-86 PTS: 1 DIF: 2 REF: 104 NAT: NBEA IIA3f 22. ANS: C PTS: 1 DIF: 23. ANS: B PTS: 1 DIF: NAT: NBEA IIA3i 24. ANS: D PTS: 1 DIF: 25. ANS: B PTS: 1 DIF: NAT: NBEA IIA3d 26. ANS: D PTS: 1 DIF: NAT: NBEA IIA3d 27. ANS: A PTS: 1 DIF: NAT: NBEA IIA3o 28. ANS: A PTS: 1 DIF: NAT: NBEA IIB | NBEA IIB3a 29. ANS: D PTS: 1 DIF: NAT: NBEA IIB | NBEA IIB3a | NBEA IIB3c 30. ANS: A PTS: 1 DIF: NAT: NBEA IIB | NBEA IIC3b 31. ANS: B PTS: 1 DIF: NAT: NBEA VA3d 32. ANS: C PTS: 1 DIF: NAT: NBEA VA | NBEA VA3a 33. ANS: B PTS: 1 DIF: NAT: NBEA VB3b | NBEA VB3c 34. ANS: B PTS: 1 DIF: NAT: NBEA VI | NBEA VIA 35. ANS: C PTS: 1 DIF: NAT: NBEA VIC 36. ANS: B PTS: 1 DIF: 37. ANS: B PTS: 1 DIF: 38. ANS: A PTS: 1 DIF: NAT: NBEA VID | NBEA VID3a 39. ANS: C PTS: 1 DIF: NAT: NBEA VID | NBEA VID3a 40. ANS: C PTS: 1 DIF: 41. ANS: D PTS: 1 DIF: 42. ANS: D PTS: 1 DIF: NAT: NBEA IIB3d 43. ANS: C PTS: 1 DIF: NAT: NBEA VIIA3a 44. ANS: A PTS: 1 DIF: NAT: NBEA VIIA3a 45. ANS: B PTS: 1 DIF: 46. ANS: B PTS: 1 DIF: 47. ANS: C PTS: 1 DIF: 48. ANS: D PTS: 1 DIF: NAT: NBEA VIIA3a 49. ANS: C PTS: 1 DIF: NAT: NBEA VIIA3a 2 2 REF: 102 REF: 111-112 2 1 REF: 137 REF: 144 1 REF: 141 2 REF: 145 2 REF: 163 2 REF: 163 2 REF: 169 1 REF: 190 1 REF: 184 2 REF: 207 1 REF: 227 2 REF: 238 1 1 1 REF: 247 REF: 255 REF: 273 1 REF: 274 2 2 2 REF: 422 REF: 423 REF: 425 2 REF: 417 2 REF: 417 2 2 2 2 REF: REF: REF: REF: 2 REF: 416 418 422 423 425 50. ANS: A PTS: 1 COMPLETION 51. ANS: Constitution PTS: 1 DIF: 1 52. ANS: intentional tort REF: 10 NAT: NBEA IB3a PTS: 1 53. ANS: implied DIF: 2 REF: 56 NAT: NBEA IE3d PTS: 1 54. ANS: fraud DIF: 1 REF: 85 NAT: NBEA IIA3a PTS: 1 55. ANS: goods DIF: 2 REF: 143 NAT: NBEA IIA3d PTS: 1 DIF: 1 56. ANS: bargain and sale REF: 163 NAT: NBEA IIB3a PTS: 1 57. ANS: note DIF: 2 REF: 208 NAT: NBEA VB3d PTS: 1 58. ANS: closed-end DIF: 1 REF: 227 NAT: NBEA VI | NBEA VIA PTS: 1 59. ANS: collateral DIF: 1 REF: 247 PTS: 1 60. ANS: Chapter 11 DIF: 1 REF: 248 NAT: NBEA VIC DIF: 2 REF: 274 NAT: NBEA VID | NBEA VID3a PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: NAT: NBEA IE2b NAT: NBEA IIA3b NAT: NBEA IIA3a PTS: 1 MATCHING 61. 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: C G I J K F L A H N P 1 1 1 1 1 1 1 1 1 1 1 NAT: NAT: NAT: NAT: NBEA VB3a NBEA IE3d NBEA VI | NBEA VIA NBEA IE NAT: NBEA IIC3a NAT: NBEA IIC3a 72. 73. 74. 75. 76. ANS: ANS: ANS: ANS: ANS: O E M B D PTS: PTS: PTS: PTS: PTS: 1 1 1 1 1 77. 78. 79. 80. 81. 82. 83. 84. 85. ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: ANS: A H F C D G I E B PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: PTS: 1 1 1 1 1 1 1 1 1 NAT: NBEA IIC3a NAT: NBEA ID