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ACC 205 FINAL (100 Q) 98/100




Question;1.;Agency is a;fiduciary relationship.;A.;True;B.;False;2.;The term "stare;decisis" means "reversing the decision.;A.;True;B.;False;3.;Offers for both;bilateral and unilateral contracts involve a promise from the offeror.;A.;True;B.;False;4.;A decision from a;state supreme court is binding on a lower state court located in the same;state.;A.;True;B.;False;5.;A decision from a;state supreme court in one state is binding on a trial court judge in another;state if the other state has no applicable law on the issue involved.;A.;True;B.;False;6.;A court must have;two types of jurisdiction to decide any particular case.;A.;True;B.;False;7.;Subject matter;jurisdiction is a court's power to hear certain kinds of cases.;A.;True;B.;False;8.;Concurrent federal;jurisdiction means both state and federal courts have jurisdiction over a;case.;A.;True;B.;False;9.;To disaffirm a;contract, a minor MUST act before reaching the age of majority.;A.;True;B.;False;10.;A contract remains;executory as long as any party to the contract has not fully performed.;A.;True;B.;False;11.;An offer for a;unilateral contract cannot be accepted by a mere promise to perform.;A.;True;B.;False;12.;Two of the four;basic contract requirements are agreement and signature of the parties.;A.;True;B.;False;13.;An implied in fact;contract is one based on the conduct of the parties.;A.;True;B.;False;14.;Ease and cost of;formation are factors to be considered in the selection of the form under;which a business should operate.;A.;True;B.;False;15.;A person who is not;an employee, who is employed by the principal to perform a certain task on;the principal's behalf, is an independent contractor.;A.;True;B.;False;16.;Shareholders have;unlimited liability that can exceed the extent of their capital;contributions.;A.;True;B.;False;17.;A general;partnership relieves the general partners of liability for the debts and;obligations of the partnership.;A.;True;B.;False;18.;Limited partners are;liable for partnership debts.;A.;True;B.;False;19.;Physical contact is;not necessary to be liable for the tort of assault.;A.;True;B.;False;20.;A person charged with;a crime in the United States is presumed innocent until proven guilty.;A.;True;B.;False;21.;The surface rights;and the subsurface rights for the same parcel of real property can be owned;by two different persons.;A.;True;B.;False;22.;Truth is an absolute;defense in a cause of action for defamation.;A.;True;B.;False;23.;The judicial branch;has authority to examine the actions of both the legislative branch and the;executive branch to determine whether these acts are constitutional.;A.;True;B.;False;24.;If the federal;government preempts states from regulating in an area, the states may not;continue to pass legislation that conflicts with federal statutes.;A.;True;B.;False;25.;The first 10;amendments that were added to the U.S. Constitution are known as the Bill of;Rights.;A.;True;B.;False;26.;The primary function;of an agent in a principal-agent relationship is to;A.;Maintain the;principal's status quo.;B.;Operate as a partner;with the principal.;C.;Enter into contracts;with the principal.;D.;Conduct business on;behalf of the principal.;27.;Which of the;following is true about determining whether someone working for another is an;independent contractor or an employee?;A.;The classification;of the person doing the work depends on that person's job title.;B.;The classification;of the person doing the work depends on a number of factors, with the degree;of control over that person's work by the person who is paying for the work;being the most important factor.;C.;The classification;of the person doing the work depends on a number of factors, with no single;factor being any more important than the others.;D.;The classification;of the person doing the work depends on if the person is also an agent.;28.;An agency;relationship can terminated by;A.;Achievement of the;agency's purpose.;B.;Mutual agreement.;C.;Occurrence of a;specific event.;D.;All of these.;29.;Imprisonment is;generally imposed to serve all of the following functions except;A.;Allowing victims to;have a formalized process to meet and confront the criminal.;B.;Deterring others;from engaging in criminal conduct.;C.;Providing a means to;rehabilitate the criminal.;D.;Protecting society;from the person imprisoned.;30.;The two general;elements required in order to prove guilt in a crime are;A.;Criminal act and;damages.;B.;Criminal act and;physical injury.;C.;Criminal act and;criminal intent.;D.;Criminal act and at;least one impartial witness.;E.;Criminal act and;resultant harm.;31.;Which of the;following would constitute the crime of embezzlement?;A.;The cashier at a;grocery store takes money from his own cash register.;B.;A receptionist who;works in a bank lobby distracts a teller and takes money from the teller;without the teller's knowledge.;C.;An electrician;working in a client's home takes $100 from the homeowner's desk drawer.;D.;A roofing contractor;takes a lawn mower from a homeowner while doing a job for the homeowner.;E.;A self-serve;gasoline customer drives away without paying for the gas.;32.;Identity fraud;typically occurs when;A.;Someone uses a;fictitious name in place of her real name.;B.;Someone uses the;name and other identifying information of another person to engage in;fraudulent activity.;C.;Someone steals a;ticket with a name associated with it, such as an airline ticket, and uses it;in place of the original owner.;D.;Someone operates;under two or more different names, at least one of which is fictitious.;33.;Which of the;following is true about the crime of bribery?;A.;Only the person who;gives a bribe and is successful at having it accepted can be convicted.;B.;A party who even;considers accepting a bribe can be convicted, as well as the person offering;the bribe, whether or not it is accepted.;C.;A party who actually;accepts a bribe can be convicted, as well as the person offering the bribe;whether or not it is accepted.;D.;Only the person who;offers the bribe can be convicted, but that person is guilty whether or not;the bribe is accepted.;E.;Only the person who;receives the bribe can be convicted.;34.;Which of the;following is not one of the general categories of torts?;A.;Rational.;B.;Strict liability.;C.;Negligence.;D.;Intentional


Paper#37623 | Written in 18-Jul-2015

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