Introduction To Business Law Ultimate Test (Long)
Questions and Answers
- 1.
What is law?
Explanation
The answer provided accurately defines law as a set of rules or structure that governs society. Laws are established to maintain order, protect individual rights, and ensure justice. They provide guidelines for behavior and consequences for non-compliance. By adhering to these rules, society can function harmoniously and resolve conflicts in a fair and equitable manner.Rate this question:
- 2.
Define "mandatory minimums".
Explanation
"No discretion or consensus" refers to the concept of mandatory minimums, which are sentencing laws that require a minimum punishment for certain crimes, leaving no room for judicial discretion or individual circumstances. This means that judges are bound by law to impose a specific minimum sentence for a particular offense, regardless of any mitigating factors or the judge's personal opinion. The absence of discretion and consensus implies that mandatory minimums are rigid and inflexible, aiming to ensure uniformity and consistency in sentencing.Rate this question:
- 3.
What two sources make the law?
Explanation
The law is made by two sources: the government/parliamentary system and common law. The government/parliamentary system refers to the legislative branch of the government, which creates laws through the enactment of statutes. Common law, on the other hand, is a body of law developed through court decisions and precedents. It is based on principles and legal interpretations established by judges over time. Both sources contribute to the creation and development of the law, with the government/parliamentary system enacting statutes and common law providing guidance and interpretation through judicial decisions.Rate this question:
- 4.
Define "statute".
Explanation
The term "statute" refers to any type of law that has been officially passed by the government. It encompasses laws that have been enacted by legislative bodies at the local, state, or federal level. These laws are binding and enforceable within their jurisdiction. Statutes are a crucial part of the legal system as they establish rules and regulations that govern various aspects of society, such as criminal offenses, civil rights, taxation, and more. They are typically codified and organized in statutory codes for easy reference and accessibility.Rate this question:
- 5.
What kind of law can you sue for money damages?
Explanation
Tort law is a type of law that allows individuals to sue for money damages. It encompasses civil wrongs or injuries caused by one person to another, resulting in harm or loss. This can include personal injury, negligence, defamation, or intentional infliction of emotional distress. By filing a lawsuit under tort law, the injured party seeks compensation for the damages suffered, such as medical expenses, lost wages, or pain and suffering.Rate this question:
- 6.
What are the three levels of court?
Explanation
The three levels of court are the Court of Appeal, Superior Court, and Inferior Court. The Court of Appeal is the highest level of court, where appeals from lower courts are heard. The Superior Court is the middle level of court, which handles more serious criminal and civil cases. The Inferior Court is the lowest level of court, dealing with minor offenses and small claims. These three levels of court provide a hierarchical structure for the judicial system, allowing for appeals and ensuring that cases are heard at the appropriate level based on their severity and complexity.Rate this question:
- 7.
________, ________, ________, ________, and ________ correspond to federal powers.
Explanation
The given answer lists various topics such as money, divorce, banking, postal system, and criminal, which correspond to federal powers. These topics are areas in which the federal government has jurisdiction and authority to regulate and make laws. Money refers to the federal power to control currency and monetary policy. Divorce may involve federal laws related to marriage and family matters. Banking relates to federal regulations and oversight of financial institutions. The postal system is a federal responsibility for mail delivery and postage. Criminal matters involve federal laws and enforcement agencies for crimes that cross state lines or involve federal jurisdiction.Rate this question:
- 8.
________, ________, ________, ________, and ________ correspond to provincial powers.
Explanation
The given answer correctly identifies the provincial powers in Canada. In Canada, provinces have jurisdiction over various areas, including health, health care, education, highways, liquor, and marriage. This means that each province is responsible for managing and regulating these aspects within their own jurisdiction.Rate this question:
- 9.
When you are on jury duty and cut off from everything, it is known as being ________.
Explanation
When a person is on jury duty and is cut off from the outside world, it is referred to as being "sequestered." This means that the individual is isolated and kept away from any external influences, such as media or contact with others, in order to ensure a fair and impartial trial. The purpose of sequestering the jury is to prevent any outside information or opinions from affecting their judgment and to maintain the integrity of the legal process.Rate this question:
- 10.
Another term for lawyers is counsel.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
The statement is true because the term "counsel" is often used as another word for lawyers. It refers to the legal professionals who provide advice and represent clients in legal matters.Rate this question:
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- 11.
In a civil case, you can skip any levels of court.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
In a civil case, you cannot skip any levels of court. This means that you must follow the established hierarchy of courts and proceed through each level in order. Skipping levels would be considered a violation of the legal process and could result in the dismissal of your case. It is important to adhere to the proper procedure and respect the judicial system in order to ensure a fair and just resolution to your civil case.Rate this question:
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- 12.
A board set up with "court-like" proceedings, is known as a ________.
Correct Answer
TribunalExplanation
A board set up with "court-like" proceedings is known as a tribunal. A tribunal is a legal body that has the authority to make decisions and judgments on specific matters. It operates similarly to a court, with formal procedures and the power to hear and resolve disputes. Tribunals are often used to handle cases that are outside the jurisdiction of traditional courts or require specialized knowledge. They provide a fair and impartial forum for resolving legal issues and ensuring justice is served.Rate this question:
- 13.
A private run facility that moderates/settles disputes outside of the court system is known as a ________.
Correct Answer
Alternative Dispute ResolutionExplanation
A private run facility that moderates/settles disputes outside of the court system is known as Alternative Dispute Resolution. This term refers to a process where parties involved in a dispute seek a resolution through methods such as negotiation, mediation, or arbitration, rather than going to court. It provides a more informal and flexible approach to resolving conflicts, allowing the parties to have more control over the outcome and potentially save time and money compared to traditional litigation.Rate this question:
- 14.
What are the four elements of an offer?
- A.
Definite
- B.
Taken back or rescinded
- C.
Capable of Acceptance
- D.
Lawful Object
- E.
Conditions
- F.
Consideration
Correct Answer(s)
A. Definite
B. Taken back or rescinded
C. Capable of Acceptance
E. ConditionsExplanation
The four elements of an offer are as follows: Definite, Taken back or rescinded, Capable of Acceptance, and Conditions.
1. Definite: An offer must be clear and specific, leaving no room for ambiguity or misunderstanding.
2. Taken back or rescinded: The offeror has the right to withdraw or revoke the offer before it is accepted.
3. Capable of Acceptance: The offer must be capable of being accepted, meaning that it must not be impossible or illegal to fulfill.
4. Conditions: The offer can include certain conditions that must be met for the offer to be valid.Rate this question:
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- 15.
When no changes to the contract come back, it is known as ________.
Correct Answer(s)
Unqualified acceptanceExplanation
When no changes to the contract come back, it is known as unqualified acceptance. This means that the party receiving the contract has agreed to all the terms and conditions without any modifications or objections. They have accepted the contract as it is, without any alterations or amendments.Rate this question:
- 16.
The five elements of a lawful contract include: ________, ________, ________, ________, and ________.
Correct Answer(s)
Offer and Acceptance
Capacity of the Individuals
Consideration
Lawful Object
Genuine IntentionExplanation
The five elements of a lawful contract include offer and acceptance, capacity of the individuals, consideration, lawful object, and genuine intention. These elements are essential for a contract to be legally binding. Offer and acceptance refer to the mutual agreement between parties, capacity of the individuals ensures that both parties are legally capable of entering into a contract, consideration refers to the exchange of something of value, lawful object ensures that the contract is not for an illegal purpose, and genuine intention means that both parties intend to be bound by the terms of the contract.Rate this question:
- 17.
The following items are not valuable in law: ________, ________, and ________.
Correct Answer(s)
Something so natural (i.e. love and affection)
Something already bargained for
Past considerationExplanation
The items mentioned in the answer are not considered valuable in law. "Something so natural (i.e. love and affection)" refers to emotions or feelings that are not recognized as legal consideration. "Something already bargained for" implies that if an agreement has already been made and the parties have received what they bargained for, there is no further consideration. "Past consideration" refers to promises or actions that were performed before the agreement was made, which are also not considered valuable in law.Rate this question:
- 18.
The threat or use of physical harm is known as ________.
Correct Answer(s)
Duress.Explanation
Duress refers to the act of using force, coercion, or threats to compel someone to act against their will. It involves the threat or use of physical harm to manipulate or control someone's actions. This term is commonly used in legal contexts to describe situations where individuals are forced to do something under the influence of fear or intimidation. Duress can be a defense in criminal cases if it can be proven that the person's actions were a result of being under duress.Rate this question:
- 19.
An inequality of bargaining power is known as ________.
Correct Answer(s)
Undue influenceExplanation
An inequality of bargaining power refers to a situation where one party has significantly more power and control over the negotiation or agreement than the other party. This power imbalance can lead to one party exerting undue influence over the other, manipulating them into making decisions that are not in their best interest. Therefore, the correct answer for this question is "Undue influence."Rate this question:
- 20.
________ law trumps ________ law.
Correct Answer(s)
Statute
CommonExplanation
Statute law refers to laws that are enacted by a legislative body, such as a government or parliament. Common law, on the other hand, is based on legal precedents and judicial decisions. In the given statement, "Statute law trumps common law," it means that when there is a conflict between a statute law and a common law, the statute law takes precedence and holds more authority. This is because statutes are specifically created and passed by a governing body, making them the superior legal source in such situations.Rate this question:
- 21.
The two types of co-ownership are known as ________ and ________.
Correct Answer(s)
Right of survivorship
Tenants in commonExplanation
The correct answer is "Right of survivorship" and "Tenants in common". These are the two types of co-ownership. The right of survivorship means that if one co-owner dies, their share automatically transfers to the surviving co-owner(s). Tenants in common, on the other hand, allows each co-owner to own a specific percentage or share of the property, and if one co-owner dies, their share is passed on to their heirs or beneficiaries.Rate this question:
- 22.
Contracts are discharged by ________, ________, ________, ________, and ________.
Correct Answer(s)
Performance
Frustration
Breach
Operation of law
AgreementExplanation
Contracts can be discharged in various ways. One way is through performance, which means that both parties have fulfilled their obligations under the contract. Another way is through frustration, which occurs when unforeseen circumstances make it impossible to fulfill the contract. A contract can also be discharged through breach, which happens when one party fails to fulfill their obligations. Additionally, a contract can be discharged by operation of law, which means that the law itself ends the contract. Finally, a contract can be discharged by agreement, when both parties mutually agree to end the contract.Rate this question:
- 23.
The prohibition of any use of material that contradicts the written material is known as ________.
Correct Answer(s)
Parol Evidence RuleExplanation
The Parol Evidence Rule refers to the prohibition of using any evidence or materials that contradict the terms of a written agreement. This rule states that when parties have reduced their agreement to writing, any prior or contemporaneous oral or written statements that contradict the terms of the written agreement are generally not admissible in court. The purpose of this rule is to ensure that the parties' intentions, as expressed in the written agreement, are upheld and that there is certainty and finality in contractual relationships.Rate this question:
- 24.
An act of god that makes the contract impossible to perform is known as ________.
Correct Answer(s)
FrustrationExplanation
Frustration refers to an unforeseen event or circumstance that occurs after the formation of a contract, making it impossible to fulfill the contractual obligations. This could be an act of nature, such as a natural disaster or an event beyond human control. When frustration occurs, it relieves both parties from their contractual duties and obligations. The concept of frustration is important in contract law as it provides a legal defense for non-performance due to circumstances beyond the parties' control.Rate this question:
- 25.
When you fail or refuse to carry out the terms of a contract, it is known as a ________ of contract.
Correct Answer(s)
BreachExplanation
When someone fails or refuses to fulfill the obligations and terms stated in a contract, it is referred to as a breach of contract. This means that one party has violated the agreement and has not performed their duties as outlined in the contract. Breach of contract can occur in various ways, such as failing to deliver goods or services, not making a payment as agreed, or not meeting the specified deadlines.Rate this question:
- 26.
The two forms of remedy include: ________ and ________.
Correct Answer(s)
Money damages
Specific performanceExplanation
The two forms of remedy mentioned are money damages and specific performance. Money damages refer to the monetary compensation awarded to the injured party to cover any financial losses or damages caused by the other party's breach of contract. On the other hand, specific performance is a remedy where the court orders the breaching party to fulfill their contractual obligations as agreed upon in the contract. This can be enforced in cases where monetary compensation would not be sufficient to adequately remedy the situation.Rate this question:
- 27.
The four types of contracts include: ________, ________, ________, and ________.
Correct Answer(s)
Bailment
Insurance
Agency
EmploymentExplanation
The correct answer is the four types of contracts include bailment, insurance, agency, and employment. These four types of contracts represent different legal agreements between parties. Bailment refers to the transfer of possession of personal property from one party to another, while insurance involves the transfer of risk from the insured to the insurer. Agency refers to a legal relationship where one party acts on behalf of another, and employment represents a contractual relationship between an employer and an employee.Rate this question:
- 28.
Define "stare decisis".
Correct Answer(s)
higher court case decisions are binding to the lower courtExplanation
Stare decisis is a legal principle that means "to stand by things decided." It refers to the practice of courts following the decisions made in previous cases. In this context, the correct answer states that higher court case decisions are binding to the lower court. This means that when a higher court has made a decision on a legal issue, lower courts are obligated to follow that decision in similar cases. Stare decisis promotes consistency and stability in the legal system, ensuring that similar cases are treated similarly and providing predictability in the application of the law.Rate this question:
- 29.
What is the highest form of ownership?
Correct Answer(s)
fee simpleExplanation
Fee simple is the highest form of ownership because it grants the owner complete and absolute ownership rights over a property. This means that the owner has the right to possess, use, and transfer the property without any restrictions or limitations. Fee simple ownership provides the most extensive bundle of rights compared to other forms of ownership, such as leasehold or life estate. Therefore, fee simple is considered the highest and most desirable form of ownership in real estate.Rate this question:
- 30.
What is it called when courts look to similar cases in other provinces?
Correct Answer(s)
CitingExplanation
When courts look to similar cases in other provinces, it is called citing. Citing refers to the practice of referencing or making reference to previous court decisions or legal authorities in order to support or strengthen an argument or decision. By looking at similar cases in other provinces, courts can gain insights and guidance on how similar legal issues were resolved, which can help inform their own decision-making process. This practice promotes consistency and fairness in the legal system by ensuring that similar cases are treated similarly across different jurisdictions.Rate this question:
- 31.
What does the term "on all fours" mean in relation to a case?
Correct Answer(s)
It is exactly the same as anotherExplanation
The term "on all fours" means that something is exactly the same as another thing. In relation to a case, it suggests that the current situation or scenario being discussed is identical or very similar to a previous case or situation. This phrase is often used to compare and draw parallels between different cases or situations in order to make a point or argument.Rate this question:
- 32.
________ and ________ are the two types of criminal charges.
Correct Answer(s)
Summary conviction
Indictable offenceExplanation
In the legal system, there are two types of criminal charges: summary conviction and indictable offences. Summary conviction refers to less serious crimes that are typically punishable by fines, probation, or short jail sentences. On the other hand, indictable offences are more serious crimes that carry heavier penalties, such as longer prison sentences. These can include crimes like murder, robbery, or drug trafficking. Both types of charges are distinct and have different legal procedures and consequences.Rate this question:
- 33.
What kind of jury requires a unanimous decision?
Correct Answer(s)
Criminal, criminal jury, criminal caseExplanation
A criminal jury requires a unanimous decision because it is responsible for determining the guilt or innocence of the accused in a criminal case. In order to reach a verdict, all members of the jury must agree on the decision. This requirement ensures that the decision is fair and reflects the collective judgment of the jury members. It also emphasizes the importance of considering all evidence and arguments presented during the trial before reaching a final decision.Rate this question:
- 34.
Define the term contract.
Correct Answer(s)
An agreement that two or more persons make that is agreeable by lawExplanation
The term "contract" refers to an agreement made by two or more individuals that is legally binding. It implies that the parties involved have mutually consented to the terms and conditions laid out in the contract, and these terms are enforceable by law. In other words, a contract is a formal arrangement where the parties involved have agreed to fulfill certain obligations and rights as specified in the agreement.Rate this question:
- 35.
Define "privity of contract".
Correct Answer(s)
Only the people who make the agreement are bound/obligated under the contractExplanation
The term "privity of contract" refers to the legal concept that only the parties who are directly involved in making the agreement are legally obligated and bound by the terms of the contract. This means that individuals who are not part of the original agreement cannot enforce or be held liable under the contract. In other words, only the parties who have consented to the contract are legally responsible for fulfilling their obligations and can seek legal remedies if the terms are breached.Rate this question:
- 36.
What type of contract discharge can a person sue?
Correct Answer(s)
BreachExplanation
A person can sue for breach of contract discharge. This means that if one party fails to fulfill their obligations as outlined in the contract, the other party has the right to take legal action against them. By suing for breach of contract, the aggrieved party can seek remedies such as damages or specific performance to compensate for the losses suffered due to the other party's failure to perform their contractual duties.Rate this question:
- 37.
Define "consideration".
Correct Answer(s)
Each party must receive value or benefit under the contractExplanation
In a contract, consideration refers to the exchange of something of value between the parties involved. This means that each party must receive some form of benefit or value in return for their obligations or promises stated in the contract. Without consideration, a contract may be deemed unenforceable as it lacks the element of mutual exchange. Therefore, for a contract to be valid, both parties must receive some form of value or benefit from the agreement.Rate this question:
- 38.
Define "malum per se".
Correct Answer(s)
An action that is bad/evil in itselfExplanation
"Malum per se" is a Latin term that refers to an action that is inherently bad or evil, regardless of the circumstances or intentions behind it. This means that the action is considered morally wrong by its nature, regardless of any external factors. It implies that certain actions are universally and intrinsically immoral, regardless of cultural or personal beliefs.Rate this question:
- 39.
Define "non compos mentis".
Correct Answer(s)
Not mentally capableExplanation
"Non compos mentis" is a Latin phrase that translates to "not mentally capable." This term is used to describe someone who lacks the mental capacity to understand or make rational decisions. It typically refers to individuals who are mentally ill, insane, or suffering from a cognitive impairment that impairs their ability to function normally.Rate this question:
- 40.
What five types of contracts must be in writing? ________, ________, ________, ________, ________, and ________.
Correct Answer(s)
Contracts which are not to be or cannot be completed within one year of its date
All contracts for the sale of land or an interest in land
Sale of goods
Promotion of marriage
Responsible for debts (all contracts wherein one person agrees to be responsible for the debt or default of emotion)
Personally liable (executor/administrator must be responsible for debts of the estate) - 41.
What does the term "acquiescence" mean?
Correct Answer(s)
You cannot sit on your rightsExplanation
The term "acquiescence" refers to the act of passively accepting or agreeing to something without actively protesting or taking action. In this context, the statement "You cannot sit on your rights" implies that one cannot passively allow their rights to be violated or ignored without taking any action to protect or assert them. It suggests the importance of actively standing up for one's rights and not remaining silent or inactive when they are being infringed upon.Rate this question:
- 42.
________, ________, and ________ are the three ways in which agreement ends a contract.
Correct Answer(s)
Substitution
Term of contract
WaiverExplanation
The three ways in which agreement ends a contract are substitution, term of contract, and waiver. Substitution refers to the act of replacing one party or element of the contract with another. Term of contract refers to the agreed-upon duration or time period for which the contract is valid. Waiver is the voluntary relinquishment or abandonment of a right, claim, or privilege by one party, which also terminates the contract. These three methods can effectively bring an end to a contract.Rate this question:
- 43.
Define "de minimas non curat lex".
Correct Answer(s)
If something is so very small, the law has no cure or remedy - the law will not pursue it.Explanation
The phrase "de minimas non curat lex" is a Latin legal principle that translates to "the law does not concern itself with trifles." It means that the law does not address or provide remedies for matters that are insignificant or of minimal importance. In other words, if something is so small or trivial, the law will not pursue it or provide a remedy for it.Rate this question:
- 44.
Define "uberrimae fidei".
Correct Answer(s)
utmost good faithExplanation
"Uberrimae fidei" is a Latin term that translates to "utmost good faith." It is a legal principle that requires parties to a contract or agreement to act honestly, openly, and in good faith towards each other. This means that both parties must disclose all relevant information and not withhold any material facts that could affect the agreement. The principle of utmost good faith is often applied in insurance contracts, where the insured is required to provide complete and accurate information about the risks being insured. This ensures transparency and fairness in the contractual relationship.Rate this question:
- 45.
When someone holds something for you, either gratuitous or not, it is known as ________.
Correct Answer(s)
BailmentExplanation
When someone holds something for you, either gratuitous or not, it is known as bailment. Bailment refers to a legal relationship where one person temporarily transfers possession of their property to another person, known as the bailee. The bailee is responsible for taking care of the property and returning it to the bailor once the purpose of the bailment is fulfilled. This can occur in various situations, such as lending a book to a friend or leaving your car at a valet parking service.Rate this question:
- 46.
The three types of remedies that occur under an insurance contract include: ________, ________, and ________.
Correct Answer(s)
Subrogation
Salvage
ContributionExplanation
The three types of remedies that occur under an insurance contract are subrogation, salvage, and contribution. Subrogation refers to the insurance company's right to take legal action against a third party responsible for the insured's loss. Salvage involves the insurance company's right to take possession of damaged property after paying a claim. Contribution refers to the principle that if multiple insurance policies cover the same loss, each insurer will contribute proportionally to the claim payment.Rate this question:
- 47.
Under an insurance contract, you are not entitled to replacement value, however are entitled to ________.
Correct Answer(s)
fair market valueExplanation
Under an insurance contract, the policyholder is not entitled to receive the full replacement value of the insured item in case of a loss or damage. Instead, they are entitled to receive the fair market value of the item. This means that the insurance company will compensate the policyholder based on the current market value of the item at the time of the loss, taking into consideration factors such as depreciation and wear and tear. The fair market value represents the amount that the item could be sold for in the open market, and it is a common practice in insurance to use this value for determining the compensation amount.Rate this question:
- 48.
In an insurance contract, when you step into the persons shoes and go after the wrongdoer, it is known as ________.
Correct Answer(s)
SubrogationExplanation
Subrogation is the term used in an insurance contract when the insurance company steps into the insured person's shoes and pursues the wrongdoer to recover the amount paid out for the claim. It allows the insurance company to seek reimbursement from the responsible party for the damages or losses incurred by the insured. This process helps prevent the insured from receiving a double recovery and allows the insurance company to recoup their expenses.Rate this question:
- 49.
In an insurance contract, when you turn over the rights to something and they pay you out, this is known as ________.
Correct Answer(s)
salvageExplanation
In an insurance contract, when you turn over the rights to something and they pay you out, it is known as salvage. This refers to the process of the insurance company taking possession of damaged property in exchange for payment. It allows the insurance company to recoup some of their losses by selling the salvaged property or using it for parts.Rate this question:
- 50.
In an insurance contract, when you look to multiple parties for coverage, it is known as ________.
Correct Answer(s)
ContributionExplanation
In an insurance contract, when you look to multiple parties for coverage, it is known as contribution. This means that each party contributes a portion of the coverage or compensation for a claim. It is a way to distribute the risk and financial responsibility among multiple insurers or parties involved in the contract.Rate this question:
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Aug 27, 2023Quiz Edited by
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Dec 11, 2016Quiz Created by
Emily.martell
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