Business Law with UCC Applications Paul Sukys 15th Edition – Test Bank
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Sample Test
Business Law with UCC Applications, 15e (Sukys)
Chapter 3 The Judicial Process and Cyber-procedure
1) A predicate
offense is generally one that provides the resources needed to
commit the offenses outlined in the statute.
Answer: TRUE
Explanation: In the Opening Case—Round 1 “The European Community v. RJR
Nabisco:
Euros and RICO and Nations … Oh My!” the text defines predicate offense as
one that provides the resources needed to commit the offenses outlined in the
new statute. For example, racketeering, as laid out in RICO, includes money
laundering as a predicate offense. Congress defines money laundering to include
extraterritorial activities. Therefore, Congress intended money laundering to
have an extraterritorial application in RICO.
Difficulty: 1 Easy
Topic: The Court System
Learning Objective: 03-01 Explain the fundamental nature
of the American courts.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2) A state court that has the power to hear immigration cases is
a court of special jurisdiction under the U.S. Constitution.
Answer: FALSE
Explanation: Only federal courts with special jurisdiction
have the power to hear certain types of cases such as immigration cases, or
bankruptcy cases. Examples of state courts with special jurisdiction include
probate courts and family courts.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3) A federal question can only involve a treaty.
Answer: FALSE
Explanation: A federal question can involve a treaty, the
U.S. Constitution, or a federal statute.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
4) Appellate courts use the abuse of discretion standard to
determine whether a judge in the lower court has, in some way, misused his or
her authority.
Answer: TRUE
Explanation: Courts use the abuse of discretion
standard to determine whether the judge in the lower court has, in some way,
misused his or her authority. The clearly
erroneous standard is used when an appeals court determines
that the decision made in the lower court was undeniably wrong, given the facts
and evidence in the case.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
5) Plenary
review jurisdiction in federal court can only arise in cases
of diversity, even though there is no federal law is involved.
Answer: FALSE
Explanation: Plenary review refers to the power of
appellate courts to determine whether errors of law have been committed in a
lower court. Federal courts have subject matter jurisdiction over two types of
cases—those involving federal law and those involving diversity.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
6) The U.S. federal court system is divided into 13 circuits.
Answer: TRUE
Explanation: The U.S. federal court system is divided into
13 circuits, including the Washington, D.C. and federal circuits. Each circuit
has several district courts.
Difficulty: 1 Easy
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
7) In federal subject matter jurisdiction cases, the plaintiff
must allege at least $75,000 in damages.
Answer: FALSE
Explanation: No, the $75,000 amount applies only in
federal diversity cases. To have diversity jurisdiction in federal court, a
corporation is considered a citizen of the state where it is incorporated and
where it has its principal place of business. If even one defendant is a
citizen of the same state as one of the plaintiffs, diversity cannot be
established. In such a case, the law says that “diversity is not complete.”
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
8) The text of the U.S. Constitution gives the Supreme Court
appellate jurisdiction in a case in which a state is a party.
Answer: FALSE
Explanation: The U.S. Supreme Court has original jurisdiction
in cases affecting ambassadors or other public ministers and consuls, and in
cases in which a state is a party.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-03 Recognize those cases that can
be heard by the U.S. Supreme Court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
9) State trial courts are known as limited jurisdiction courts.
Answer: FALSE
Explanation: The state trial courts, also known as general jurisdiction
courts, have the power to hear any type of case. They are often called superior
courts, circuit courts, or courts of common pleas.
Difficulty: 1 Easy
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Remember
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
10) In the Nicastro
v. McIntyre (2010) case, the New Jersey Supreme Court applied
the principle of diversity of citizenship to determine liability of the
defendant.
Answer: FALSE
Explanation: In this case, the New Jersey Supreme Court
embraced a new theory of jurisdiction, the stream of commerce test. Under the
stream of commerce test, the burden is on the plaintiff to prove the defendant
sent one of its products into “the stream of commerce” based on the
manufacturer’s plan of national distribution.
Difficulty: 3 Hard
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
11) The decisions of state supreme courts are final unless a
federal issue or a constitutional right is involved.
Answer: TRUE
Explanation: If a federal issue or constitutional right is
involved, the case may be appealed or removed to a federal court.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
12) A plaintiff is a person who answers a lawsuit by filing a
demurrer in a trial court of general jurisdiction.
Answer: FALSE
Explanation: The defendant—not the plaintiff—can file one
or more pre-answer motions, including a dismissal of the case for failure to
state a claim for which relief can be granted, also called a demurrer in some
states.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
13) A complaint is
served by the plaintiff directly on the defendant. This is called service of
process.
Answer: FALSE
Explanation: The complaint sets forth the names of the
parties to the lawsuit, identifying them as plaintiffs or defendants. The complaint
is “served” on the defendant by a process server, generally a county official,
such as a sheriff deputy or constable.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
14) A demurrer is a plaintiff’s response asking a court to
dismiss the defendant’s answer because she has failed to state a claim upon
which relief can be granted.
Answer: FALSE
Explanation: A demurrer is a motion (a legal request) by
a defendant—not
a plaintiff—which asks a court to dismiss a plaintiff’s case because she has
failed to state a legal claim for which a relief (remedy) can be granted.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
15) The defendant’s answer may state an affirmative defense,
such as assumption of the risk.
Answer: TRUE
Explanation: Assumption of the risk is a set of
circumstances that indicate that the defendant should not be held liable, even
if the plaintiff proves all of the facts in the complaint.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
16) Having been called for jury selection, Lawrence discovered
that the defendant in the trial is the brother of his stockbroker. The lawyers
may not refuse to impanel Lawrence because to do so would subject the court to
a civil rights lawsuit.
Answer: FALSE
Explanation: Prospective jurors may be rejected if they
are unable to render an impartial judgment. One reason for rejecting a prospective
juror is if he or she had a personal relationship with the litigant or with a
witness.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Analyze
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
17) Jury instructions contain the judge’s opinion of the
evidence presented.
Answer: FALSE
Explanation: Because juries comprise many people who are
not familiar with particular aspects of the law, someone must explain the law
to the jury. The judge’s instructions explain the rules of law that the jurors
are to apply to the facts in reaching their decision.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
18) If Joe sues Marie as the result of a contract dispute, Marie
can request that Joe undergo a physical examination.
Answer: FALSE
Explanation: Such requests can be made only if the
physical or mental condition of the party is in controversy; it must be a central concern to
the lawsuit.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-06 List the most common discovery
techniques.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
19) Cyber-jurisdiction is
the power of the court to have personal jurisdiction over any type of case
based on the stream of commerce standard.
Answer: FALSE
Explanation: Not necessarily. The stream of commerce test
announced in the Nicastro
v. McIntyre case, is limited to products and product
liability. The New Jersey Supreme Court held that the plaintiff must
demonstrate that the defendant manufacturer sent one of its products into “the
stream of commerce” using a plan of national distribution that the manufacturer
knew or at least reasonably should have known would, in some way, impact New
Jersey.
Difficulty: 3 Hard
Topic: Cyber-procedure
Learning Objective: 03-08 Determine the extent of
cyber-jurisdiction.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
20) Formal criminal charges may be brought against a defendant
in state court without a grand jury being involved.
Answer: TRUE
Explanation: In the United States, formal charges against
the defendant in state court may be brought either by indictment or by
information. Some states do not have a grand jury system and therefore, can
bring formal charges only by information.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 03-10 Describe the steps in a criminal
prosecution.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
21) Joe, a resident of Ohio, and Maria, a resident of New Mexico,
have an auto accident in New Mexico and the damages are $35,000. Based on this
information, a federal court:
1. A)
would not intervene because Ohio and New Mexico have different laws regarding
this type of accident.
2. B)
would intervene because there is a federal question concerning whether an auto
title was involved.
3. C)
would not have jurisdiction over this case because the amount in controversy is
less than $75,000.
4. D)
would have jurisdiction over this case because the amount in controversy is
over $15,000.
Answer: C
Explanation: For a federal court to have diversity
jurisdiction in this case, both parties must reside in different states and the
amount in controversy must exceed $75,000.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
22) The U.S. Court of Appeals for the Federal Circuit was
established by Congress primarily to:
1. A)
hear appeals on questions of law from the lower courts.
2. B)
streamline and unify patent law.
3. C)
decide on the details involved in bringing a case to trial.
4. D)
simplify issues and avoid unnecessary arguments and surprises in the subsequent
trial.
Answer: B
Explanation: However, in addition to patent law, the
Federal Circuit was also given the power to hear appeals in cases that entail
government contracts, trademark disputes, federal workers, veterans’ benefits
and international trade, among others.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
23) The United States Supreme Court does not have original
jurisdiction in which of the following cases?
1. A)
Cases in which an ambassador is a party
2. B)
Cases appealed from state supreme courts
3. C)
Cases in which public ministers and consuls are parties
4. D)
Cases in which a state is a party
Answer: B
Explanation: Although the U.S. Supreme Court is the court
of final jurisdiction in the United States, not every case can or will be heard
by the court. The Court has original jurisdiction in cases affecting
ambassadors or other public ministers and consuls, or in cases in which a state
is a party. In cases where the Court does not have original jurisdiction, the
Court will hear a case only if it issues a writofcertiorari, which is an order to a
lower court to deliver its records to the Supreme Court.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-03 Recognize those cases that can
be heard by the U.S. Supreme Court.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
24) Courts with the power to hear any type of case are courts
with ________ jurisdiction.
1. A)
unlimited
2. B)
special
3. C)
general
4. D)
subject matter
Answer: C
Explanation: These are usually the trial courts of a state
court system, although lower courts—such as municipal courts—have limited or
special jurisdiction over certain matters established by statute.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
25) Probate courts and courts of claims are examples of courts
with ________ jurisdiction.
1. A)
special
2. B)
subject matter
3. C)
personal
4. D)
general
Answer: A
Explanation: Courts of special jurisdiction are found in
both state and federal court systems. In the federal system, tax and
immigration courts are courts of special or limited jurisdiction.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
26) Gordon Gibbs accidentally grated his plow along his
neighbor’s driveway, ruining the driveway. The neighbor wants Gordon to pay the
$1,500 cost of paving the driveway. If this case enters litigation, it will
most likely be heard by ________ court.
1. A) a
federal
2. B)
the state supreme
3. C) a
family
4. D) a
small-claims
Answer: D
Explanation: Many states have created small-claims courts
that have jurisdiction to hear cases involving smaller dollar amounts—often up
to $10,000—depending on state statute.
Difficulty: 2 Medium
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
27) When a party (the movant) files a motion for ________, the
movant is telling the court that no ________ exists, and that the movant is
entitled by law to ________.
1. A)
discovery; further discovery; a verdict in his favor
2. B) a
counter claim; genuine issue of material fact; a favorable judgment
3. C)
summary judgment; genuine issue of material fact; a favorable judgment
4. D) an
affirmative defense; further testimony; dismiss the other party’s case
Answer: C
Explanation: When a party (the movant) files a motion for
summary judgment, the movant is telling the court that no genuine issue of
material fact exists, and that the movant is entitled by law to a favorable
judgment. Motions for summary judgment must be filed with supporting legal
arguments written out in a brief and accompanied by applicable supporting
evidence.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
28) ________ occurs when a plaintiff searches for a(n) ________
with law that is favorable to its case, and then files the case.
1. A)
Forum shopping; affirmative action jurisdiction
2. B)
Demurrer; jurisdiction
3. C)
Forum shopping; class action lawsuit
4. D)
Forum shopping; jurisdiction
Answer: D
Explanation: Forum shopping occurs when a plaintiff
searches for a jurisdiction with law that is favorable to its case, and then
files the case in that jurisdiction. The defendant has many options available
to him or her, including—if he or she can meet federal jurisdiction
criteria—filing a motion to remove a case filed in state court to federal
court.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
29) A credit card company has cheated one million cardholders
out of 50 cents each. Marlene, one of the defrauded cardholders, wants to sue
the credit card company but should attempt to:
1. A)
approach the legislature for special suit legislation.
2. B)
approach the U.S. Supreme Court to grant original jurisdiction.
3. C)
bring a petition to the Congress signed by the cardholders.
4. D)
bring a class action suit.
Answer: D
Explanation: The courts will permit a class action lawsuit
provided that (1) it is not feasible for the members of the group to bring the
action on their own; (2) the members of the group share common questions of law
that can be tried together; and (3) the class action approach is far better
than forcing the plaintiffs to file separate actions.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
30) Cross-examination of the prosecution’s witness is usually
conducted by the ________ during the ________.
1. A)
defense attorney, prosecution’s case in chief.
2. B)
defense attorney; voir dire
3. C)
judge; plaintiff’s case in chief
4. D) defense
attorney; closing statements
Answer: A
Explanation: Generally the defense attorney subjects the
prosecutor’s witnesses to cross-examination.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
31) Joe signed a promissory note for $5,000 to cover the cost of
roofing repairs by Acme Roofing Company. Acme transferred the note to Big Bank
who sued Joe when he failed to pay the note. Joe believes that Acme did not do
the repairs properly. If Joe wants to bring Acme into court, then Joe’s answer
should contain a:
1. A)
counterclaim against Acme.
2. B)
cross-claim against Acme.
3. C)
third-party complaint against Acme.
4. D)
new lawsuit against Acme.
Answer: C
Explanation: A third-party complaint is a lawsuit (within
the original lawsuit) by the defendant against a third party not yet named in
the lawsuit.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
32) During the ________ of the jury, ________ the right to ask
questions to determine who will allowed to sit on the jury.
1. A)
discovery; only the judge has
2. B) voirdire; both
parties have
3. C)
discovery; either party has
4. D) voirdire; only the
plaintiff has
Answer: B
Explanation: The process of voirdire (to speak
the truth) occurs when lawyers for both parties question prospective jurors to
determine how impartial they can be, and whether they will be allowed to sit on
the jury.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
33) An equitable remedy may be available in all of the following
cases except:
1. A)
specific performance.
2. B)
damages.
3. C) an
injunction.
4. D) a
restraining order.
Answer: B
Explanation: Equitable remedies are available when
monetary damages cannot adequately provide relief and usually require a party
to do (or not do) something.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
34) Attorney Jose wants to personally question Ellen, a witness,
about her observation of an auto accident in advance of a trial concerning the
accident. Jose should:
1. A)
send Ellen interrogatories.
2. B)
take Ellen’s deposition.
3. C)
ask Ellen to produce tangible evidence.
4. D)
issue a summons for Ellen to appear in court in advance of the trial.
Answer: B
Explanation: Depositions are oral statements made out of
court under oath by witnesses or parties to the action in response to questions
from the opposing attorneys.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-06 List the most common discovery
techniques.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
35) Interrogatories:
1. A)
are made to secure a statement from a party that a particular fact is true.
2. B)
ask a party to undergo a physical or a mental examination.
3. C)
are written questions that must be answered in writing, under oath, by the
opposite party.
4. D)
ask a party to produce documents, records, accounts, photographs, or other
tangible evidence.
Answer: C
Explanation: Interrogatories are written questions that
must be answered in writing under oath by the opposite party. Interrogatories
cannot be given to witnesses. Only plaintiffs and defendants can be required to
answer interrogatories.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-06 List the most common discovery
techniques.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
36) Ignacio wins a monetary judgment at trial, but is denied an
award of attorney’s fees. The losing party, Salazar, acts to challenge the
adverse trial court decision before an appellate court. Ignacio also wants to
appeal the denial of attorney’s fees. Ignacio should file a:
1. A)
cross-claim.
2. B)
motion for summary judgment.
3. C)
cross-appeal.
4. D)
counterclaim.
Answer: C
Explanation: It is also possible that the party that
prevailed at trial may wish to file an appeal. This step is referred to as a
cross-appeal. Generally, an appeal is filed by the party who lost at trial.
However, as in this case, the prevailing party may also file a cross-appeal for
denial of attorney’s fees.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-07 Detail the nature of an appeal.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
37) Courts with appellate jurisdiction are empowered to
determine whether the lower courts have made errors of law using the ________
standard.
1. A)
plenary review
2. B)
clearly erroneous
3. C)
abuse of discretion
4. D) denovo review
Answer: A
Explanation: Plenary review is the process appellate
courts used to determine whether the lower courts have made errors of law. In
cases where appellate courts review findings of fact and evidence, the clearly
erroneous standard is applied.
Difficulty: 2 Medium
Topic: Civil Procedure
Learning Objective: 03-07 Detail the nature of an appeal.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
38) ________ is the power of the court to hear a case based on
Internet-related transactions.
1. A)
Science jurisdiction
2. B)
General jurisdiction
3. C)
Cyber-jurisdiction
4. D)
Subject matter jurisdiction
Answer: C
Explanation: Cyber-jurisdiction (AKA electronic
jurisdiction and e-jurisdiction) is the power of the court to hear a case based
on Internet-related transactions.
Difficulty: 2 Medium
Topic: Cyber-procedure
Learning Objective: 03-08 Determine the extent of
cyber-jurisdiction.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
39) The Federal Rules of Civil Procedure now refer to
computerized evidence as:
1. A)
electronic lockbox.
2. B)
electronic data interchange.
3. C)
e-commerce.
4. D) electronically
stored information.
Answer: D
Explanation: ESI is embedded in many diverse and
mysterious formats, making its retrieval difficult for most attorneys.
Attorneys especially must pay close attention to all aspects of ESI, including
its preservation, storage, and communication. These ESIs can be requested and
subpoenaed during discovery and trial.
Difficulty: 2 Medium
Topic: Cyber-procedure
Learning Objective: 03-09 Explain the nature of
electronically stored information (ESI).
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
40) During a(n) ________, the defendant is formally charged with
a crime and can either plead guilty or not guilty.
1. A)
indictment
2. B)
preliminary hearing
3. C)
arraignment
4. D)
initial appearance
Answer: C
Explanation: The arraignment is a formal court proceeding
during which the defendant, after hearing the indictment or information read,
pleads either guilty or not guilty. Normally, the defendant pleads not guilty
and the case moves on to trial.
Difficulty: 2 Medium
Topic: Criminal Procedure
Learning Objective: 03-10 Describe the steps in a criminal
prosecution.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
41) Jill, a resident of Iowa, suffers $20,000 in damages when a
BIG Corp. truck hits her parked car in Illinois, where Jill is visiting her
aunt. BIG Corp. is incorporated in Delaware. In what court may her suit be
filed?
Answer: Jill may sue either in Illinois state court (where
the accident occurred) or in Delaware state court (where BIG is incorporated),
but not in a federal court since diversity jurisdiction requires more than
$75,000 be in controversy, and there are no federal statutes in this problem to
confer federal question jurisdiction.
Difficulty: 3 Hard
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
42) Hundreds of residents of Rosewood County in Pennsylvania
have filed a lawsuit in state court against Thompson Brothers, a New York-based
homebuilder, concerning the completion of Thompson’s newly-built apartment
facility. Fearing the hostility of a Pennsylvanian jury, Thompson is considering
removing the case to federal court. Discuss.
Answer: The case is an example of a class action lawsuit,
where a few plaintiffs file a lawsuit on behalf of an entire class. For
purposes of diversity jurisdiction in federal court, if Thompson can show it is
a corporate resident with New York as its “nerve center” or principal place of
business, both parties are from different states. However, for complete
diversity, damages must be over $75,000. If the apartment facility or damages
claimed by the plaintiffs are less than $75,000, the case is likely to be tried
before a Pennsylvanian jury in a state court. If the damages are over $75,000,
Thompson most likely will be able to remove the case to federal court based on
diversity.
Difficulty: 3 Hard
Topic: The Court System
Learning Objective: 03-02 Determine when a case can be
brought in federal court.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
43) Joe wants to sue directly in his state’s Supreme Court (a state
in which the Supreme Court is the highest court), since his suit involves a
question of genetic testing that has never been heard by a trial court of
general jurisdiction in Joe’s state. Can Joe sue directly in his state’s
Supreme Court? Explain.
Answer: Joe cannot sue directly in the state’s Supreme
Court because the state’s trial court exercises general jurisdiction. The state
Supreme Court is an appellate court that only reviews the record created by the
trial court.
Difficulty: 3 Hard
Topic: The Court System
Learning Objective: 03-04 Identify the structure of most
state court systems.
Bloom’s: Apply
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
44) Samantha sues Acme Chemical Co. in a federal court for
injuries caused five years ago by the application of a residential pesticide
produced by Acme. The state statute of limitations (time to bring lawsuits) in
Samantha’s state is three years. Samantha wants the federal court to apply a
longer four-year federal statute of limitations. How will the federal court
resolve this question?
Answer: Generally, the state statute of limitations
applies to this case. Defendant Acme should file a demurrer or motion to
dismiss based on the expiration of the statute of limitations.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
45) Sue wants to sell products on the Internet, but is concerned
that she might be sued in a distant state by a dissatisfied customer. How might
Sue best design a website to avoid this possibility?
Answer: Courts now use the sliding scale standard to
determine personal jurisdiction. Active websites which facilitate cyber sales
and payments create minimum contacts and jurisdiction in the customer’s state.
To mitigate her exposure, the terms and conditions of doing business with Sue
on her website must include dispute resolution (venue, mediation, etc.) since
Sue is intending to sell via her website (a passive website is not relevant)
avoiding personal jurisdiction.
Difficulty: 3 Hard
Topic: Cyber-procedure
Learning Objective: 03-08 Determine the extent of
cyber-jurisdiction.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
46) Each month for the past three years, Carol has been
overcharged 50 cents by ABC Cell Phone Corporation. She has good reason to
believe that tens of thousands of other individuals have also been defrauded of
50 cents each. Carol wants to sue, but the expense of bringing a lawsuit for 50
cents is too great. What can Carol do to obtain a judicial hearing of her
complaint?
Answer: A class action lawsuit with Carol as the
representative party is possible if they all share a single, similar injury.
Class action suits are allowed provided that (1) it is not feasible for the
members of the group to bring a suit on their own, (2) the members of the group
share common questions of law that can be tried together, and (3) the class
action approach is far better than forcing the plaintiffs to file separate
actions. Such would appear to be true in this problem.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
47) Marilyn is a contractor-computer programmer who works for
SIM Co. in its principal place of business in New Jersey. Marilyn designs a
corporate information system (CIS) for Matrix Corp., a SIM Co. client, which
has its offices in New York City. Unfortunately, the CIS crashes before Marilyn
is paid for her work and all of Matrix’s records are lost, requiring Matrix to
spend $300,000 to reconstruct the system. Matrix sues SIM Co. for breach of contract.
Marilyn believes that the crash was not caused
by her CIS and that she should be paid by SIM Co. Discuss the options Marilyn
and SIM Co. have in responding to the suit.
Answer: SIM Co. can file a counter-claim against Matrix
and file a third-party complaint against Marilyn for breach of contract.
Marilyn can file a cross-claim against SIM Co. for lack of payment.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
48) Sheena was flying New York Airlines to Florida via a stop in
Richmond, Virginia. However, the flight was delayed by ten hours at the
Richmond airport and later cancelled, with no refund or alternate flights for
the passengers. As a result, Sheena was forced to breach a $100,000 contract
with a Florida client. Sheena files a lawsuit against New York Airlines and the
Richmond airport for causing inconvenience during transit and for monetary
loss. In response to her lawsuit, New York Airlines acknowledges the
inconvenience caused but cross-claimed that the Richmond airport did not allow
the connecting flight to land, hence the cancellation. Richmond defended the
cancellation based on extreme weather conditions. Analyze the situation.
Answer: New York Airlines cross-claimed Richmond, who
responded with an affirmative defense to Sheena’s lawsuit. An affirmative
defense is a set of circumstances that indicate that the defendant should not
be held liable, even if the plaintiff proves all of the facts in the complaint.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-05 Define civil litigation.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
49) Nick sues Bradford & Co., alleging employment
discrimination. Nick believes Bradford & Co.’s e-mail will reveal evidence
of discriminatory attitudes and actions by its management. Nick sends a letter
to Bradford & Co., requesting copies of e-mail messages for the last six
months, but receives no answer. What should Nick do?
Answer: Nick can ask the court to compel Bradford &
Co. to respond to the discovery request. If the uncooperative party has a
reason for not complying, then that party may try to persuade the court of the
validity of the refusal. If, however, Bradford & Co. cannot persuade the
judge that the refusal is legally justified, the judge may impose severe
penalties on the company. The judge may also decide to render a default
judgment against them, and charge them with reasonable expenses due to the
refusal to comply with discovery.
Difficulty: 3 Hard
Topic: Civil Procedure
Learning Objective: 03-06 List the most common discovery
techniques.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
50) Ashley is accused of forgery and is arrested by the city
police. She is being compelled to testify, which she refuses to do. At the
trial, she asserts her innocence and informs the jury that she was not informed
of her rights by the officers at the time of her arrest, and was compelled to
testify. She wants the jury to be instructed about the rights of a criminal
defendant and the degree of proof required of both the prosecution and the
defendant (her) in this case. Discuss the case.
Answer: According to the Sixth and Fifth Amendments, a
defendant must be informed of his or her right to be represented by a counsel
and the right to remain silent at the time of arrest. The Fifth Amendment also
states that a criminal defendant cannot be compelled to be a witness against
himself or herself. The judge’s instructions to the jury should explain the
rules of law that the jurors are to apply to the facts in reaching their
decision. In this case, the instructions must include the rule of law that the
prosecution in a criminal case must prove the defendant’s guilt beyond a
reasonable doubt, and that the defendant’s testimony may not hold, since she
was not compelled to do so without being informed of her rights.
Difficulty: 3 Hard
Topic: Criminal Procedure
Learning Objective: 03-10 Describe the steps in a criminal
prosecution.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
Business Law with UCC Applications, 15e (Sukys)
Chapter 5 Criminal Law and Cybercrimes
1) The U.S. Constitution grants the federal government express
authority to enact criminal law statutes.
Answer: FALSE
Explanation: While the constitution does not give express
authority, the federal government does enact criminal law and has set up the
Federal Bureau of Investigation (FBI) as a national police force. The President
also has cabinet-level criminal enforcement via the U.S. Attorney General and
the Department of Homeland Security.
Difficulty: 2 Medium
Topic: Definition and Classes of Crimes
Learning Objective: 05-01 Explain the purpose of criminal
law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
2) A misdemeanor is a crime punishable by death/imprisonment in
a federal/state prison for a term exceeding one year.
Answer: FALSE
Explanation: No, a felony (not
a misdemeanor) is a crime punishable by death or imprisonment in a federal or a
state prison for a term exceeding one year. Some felonies are also punishable
by fines.
Difficulty: 2 Medium
Topic: Definition and Classes of Crimes
Learning Objective: 05-02 Enumerate the various categories
and classes of crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
3) Under American law, a crime can be committed regardless of
whether an act has occurred.
Answer: FALSE
Explanation: Under American law, a crime cannot be
committed unless some act has occurred. In other words, an individual cannot be
charged with a crime for merely thinking of
a criminal act.
Difficulty: 2 Medium
Topic: Definition and Classes of Crimes
Learning Objective: 05-01 Explain the purpose of criminal
law.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
4) A person who cleans a hunting rifle without checking to see
if it is loaded is acting with recklessness because that person has not
bothered to look for any possible negative consequences that could result from
those actions.
Answer: FALSE
Explanation: This is an example of criminal negligence.
Recklessness involves a perverse disregard of a known risk of negative
consequences. People act recklessly when they are indifferent to a serious risk
that they know exists.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-04 Identify the four mental states
to be found in the criminal code.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
5) An individual can be convicted for a criminal act even if the
prosecutor cannot prove the defendant had an evil motive for committing the
crime.
Answer: TRUE
Explanation: Establishing motive may help the prosecution
persuade the jury that the accused is guilty, but proving an evil motive is not
necessary for a criminal conviction.
Difficulty: 3 Hard
Topic: Elements of a Crime
Learning Objective: 05-03 Describe the nature of an act
within the concept of criminal liability.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
6) Experts who believe in deterrence say that the criminal
process should be presented in a public way, so that the public will learn the
difference between acceptable and unacceptable behavior.
Answer: FALSE
Explanation: Those experts who believe in deterrence
advocate long and difficult prison sentences, so that other people in society
are dissuaded from committing similar offenses and thus suffering the same
fate.
Difficulty: 2 Medium
Topic: Elements of a Crime
Learning Objective: 05-06 Explain the various theories of
punishment within criminal law.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
7) Alfred drives his car very fast in a school zone when the
school is releasing students at the end of the school day. A student dies when he
is hit by Alfred’s car. Alfred has committed manslaughter with premeditation.
Answer: FALSE
Explanation: Some states specifically define premeditation
as an action that results from the criminal defendant’s “prior calculation and
design.” That does not appear to be the case here. Rather Alfred is most likely
culpable of involuntary manslaughter which occurs when a killing results from
negligence.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the
elements of several key crimes.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
8) A doctor who injects an antibiotic into a patient’s arm
without the patient’s consent may be liable for assault.
Answer: FALSE
Explanation: This is not an assault, but rather a battery.
An assault is the threat of harm to a person. A battery is a crime in which the
offender causes actual physical harm to the victim.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the
elements of several key crimes.
Bloom’s: Understand
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
9) Gabriel points a gun at a store clerk to frighten the clerk.
This is an example of assault and battery.
Answer: FALSE
Explanation: Pointing the gun is only an assault, not an
assault and battery. Assault is the threat of
harm to the victim, in this case pointing the gun. Although some states ,
however, altered the actual language of the law and have completely eliminated
the term battery and replaced it with the word assault.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the
elements of several key crimes.
Bloom’s: Apply
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
10) George’s forced entry through a window along with his
intention to rob a safe establishes the act of aggravated burglary.
Answer: FALSE
Explanation: Aggravated burglary includes everything that
burglary includes but adds the use of a deadly weapon, the infliction of harm,
the threat of harm, or the attempt to harm another person.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the
elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
11) In the Opening Case Round 3, United States v. Hearst,
the authors state that Hearst’s attorney, F. Lee Bailey, argued that Hearst was
not guilty of armed (or aggravated) robbery because no one was injured in the
bank holdup.
Answer: FALSE
Explanation: Hearst engaged in the elements of armed
robbery: (1) the robbery was photographed on the bank’s security cameras, (2)
Hearst and her accomplices were seen carrying automatic weapons and were heard
shouting commands at customers and bank employees, (3) on their way out of the
bank, the robbers shot two people, and (4) the net amount stolen from the bank
was $10,960.
Difficulty: 3 Hard
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the
elements of several key crimes.
Bloom’s: Evaluate
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
12) The RICO Act covers only serious crimes, such as arson and
robbery.
Answer: FALSE
Explanation: To prevent a criminal invasion of legitimate
businesses, Congress enacted the Racketeer Influenced and Corrupt Organizations
(RICO) Act. Many of the offenses that fall within the scope of “racketeering
activity”—such as arson and robbery—are serious crimes. Others, however, are
less sinister. For example, both mail fraud and wire fraud fall within the
definition of racketeering activities.
Difficulty: 2 Medium
Topic: Specific Crimes
Learning Objective: 05-07 Enumerate and explain the
elements of several key crimes.
Bloom’s: Understand
AACSB: Reflective Thinking
Accessibility: Keyboard Navigation
13) Stan threatens to use his computer skills to shut down the
computers of the U.S. air traffic control system unless he is paid money. Stan
is likely committing cyber-stalking.
Answer: FALSE
Explanation: Stan is most likely committing the crime of
cyber-terrorism which involves using a computer to disrupt or destroy one of
the critical elements of the nation’s cyber-infrastructure, such as the power
grid, the air traffic control system, water and sanitation plants, the ground
transportation system, a harbor traffic-control network, a cell tower network,
the nation’s stock exchange, the banking system, hospital back-up generator
systems, or the national defense system.
Difficulty: 3 Hard
Topic: Cybercrimes
Learning Objective: 05-08 Define and explain the nature of
cybercrimes.
Bloom’s: Analyze
AACSB: Analytical Thinking
Accessibility: Keyboard Navigation
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