Business Law Practice Exam (Intermediate Level) Part- IV
- 1.Which one of the following is NOT an accurate description of the concept of law?
- A.
Law is a body of enforceable rules governing relationships among or between individuals or their society
- B.
Law is a group of rules people follow because it is right to do so.
- C.
Law is a group of commands to which obedience is secured by the threat of sanctions.
- D.
Law is governmental social controls obtained through targeted application of punishments and rewards.
- 2.In Alabama, the highest-ranking (superior) law is
- A.
a case decided by the Alabama Supreme Court
- B.
a provision in the Alabama constitution
- C.
a rule created by an Alabama state administrative agency
- D.
a statute enacted by the Alabama legislature
- 3.George publishes a book titled Second Place, which includes a chapter from Bill’s copyrighted book Outstanding House Racers without Bill’s permission. George’s use of the chapter is actionable
- A.
only if consumers are confuse
- B.
only if George and Bill are competitors
- C.
only if consumers are confused and George and Bill are competitors
- D.
regardless of whether consumers are confused or George and Bill are competitors
- 4.Georgia, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under its
- A.
taxing powers
- B.
spending powers
- C.
supreme powers
- D.
police powers
- 5.The River City Council, the Santa Clara County Board, the Texas state legislature, and the U.S. Congress pass laws. These laws constitute
- A.
Administrative law.
- B.
Case law.
- C.
Stare decisis.
- D.
Statutory law.
- 6.Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on
- A.
Congress
- B.
Federal administrative agencies that oversee agricultural products.
- C.
The United States Supreme Court.
- D.
The president of the United States.
- 7.As a judge, William applies common law rules. These rules develop from
- A.
Administrative regulations.
- B.
Court decisions.
- C.
Federal and state statutes.
- D.
Proposed uniform laws.
- 8.Sonya and Tonya buy a condo near the beach in Mobile, Alabama. On the death of either owner, that owner’s interest in the condo passes to her heirs. This is
- A.
A joint tenancy
- B.
A life estate
- C.
A tenancy in common
- D.
Ownership in fee simple absolute.
- 9.Company A files a suit against Company B. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is
- A.
Arbitration.
- B.
Litigation.
- C.
Mediation.
- D.
Negotiation.
- 10.Denver, Colorado, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by
- A.
All other levels of government
- B.
No other levels of government.
- C.
The federal government only.
- D.
The Colorado state government only.
- 11.United Brands Company and Supreme Goods, Inc., use the mark “Good Housekeeping Seal of Approval” to certify the quality of their products. United and Supreme are not in business together and do not own this mark. The mark is
- A.
A certification mark.
- B.
A collective mark.
- C.
A service mark.
- D.
Trade dress.
- 12.Tom owns Butler Landing Office Park. His ownership rights include the right to sell or give away the property without restriction, as well as the right to commit waste, if he chooses. Tom’s ownership interest is
- A.
A fee simple absolute.
- B.
A leasehold estate.
- C.
A life estate.
- D.
The power of eminent domain.
- 13.A Metro City ordinance allows only a few street vendors to operate in certain areas, for the purpose of reducing traffic. A court would likely hold this ordinance to be
- A.
Constitutional under the due process clause.
- B.
Constitutional under the equal protection clause.
- C.
Unconstitutional under the due process clause.
- D.
Unconstitutional under the equal protection clause
- 14.Household Furnishings, Inc., distributes its merchandise on an interstate basis. Under the commerce clause, Congress has the power to regulate
- A.
Any commercial activity in the United States.
- B.
Only activities that are in intrastate commerce.
- C.
Only activities that are in local commerce.
- D.
Only activities that are not in commerce.
- 15.Samantha files a suit against Mark, a medical doctor, alleging negligence. As a physician, Mark is held to the standard of
- A.
An average human being
- B.
A reasonable person.
- C.
A reasonable physician
- D.
A typical professional.
- 16.. Jackie and Jonathan take title to a drive-through Koffee Kiosk in such a way that if one dies, the other will be the sole owner. Jackie and Jonathan own the kiosk as
- A.
Co-owners in fee simple.
- B.
Joint tenants.
- C.
Tenants for years.
- D.
Tenants in common.
- 17.Which of these statements about constitutional law is not valid?
- A.
The law as expressed in the U.S. Constitution and the various state constitutions.
- B.
The U.S. Constitution is the supreme law of the land.
- C.
State constitutions are supreme within state borders to the extent that they do not violate the U.S. Constitution or a federal statutory or administrative law.
- D.
Any constitutional laws can be overruled by a judge if he deems it appropriate.
- 18.Which of these statements about statutory law is not valid?
- A.
Laws or ordinances created by federal, state, and local legislatures and governing bodies.
- B.
No statutory law can violate the U.S. Constitution.
- C.
The state and local statutory laws cannot violate relevant state constitutions.
- D.
Statutory laws are stated with state constitutions.
- 19.Which of these statements about administrative law is not valid?
- A.
Rules, orders, regulations, and decisions of federal, state, or local government administrative agencies.
- B.
Federal administrative agencies are created by enabling legislation enacted by the U.S. Congress.
- C.
Agency administrative functions may include: (1) rulemaking; (2) investigation; and (3) enforcement.
- D.
Administrative law takes precedent over statutory law.
- 20.Which of these statements about common law is not valid?
- A.
Common law (or also known as case law) is judge-made law.
- B.
Common law includes interpretations of constitutional provisions of statutes (legislative) and regulations (administrative).
- C.
Common law governs all areas not covered by statutory law or agency regulations issued to implement applicable statutes.
- D.
Common law is not enforceable, but just common sense people should follow.
- 21.Which source of law takes priority among the following?
- A.
Federal statute
- B.
State constitution
- C.
Federal administrative regulation
- D.
State statute
- 22.Which source of law takes priority among the following?
- A.
Us constitution
- B.
Federal statute
- C.
Federal administrative regulation
- D.
State statute
- 23.What does stare decisis stand for?
- A.
That judges use precedent in deciding cases
- B.
That judges make their own choices and not look at past decisions
- C.
Beef jerky
- D.
Marty robbins
- 24.Which of these is a part of "action at law"
- A.
Decided by judge or jury
- B.
Results in a decree or order
- C.
Punished with injunctive relief, specific performance, or rescission
- D.
Initiated by filing a petition against the accused party with the appropriate platform
- 25.Which of these is a part of "action in equity"
- A.
Initiated by filing a complaint against the accused party with the appropriate platform
- B.
Results in a decree or order
- C.
Punished with monetary damages or criminal penalties
- D.
Decided by jury or judge
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