California BAM 317 – When is a criminal said

California BAM 317 – When is a criminal said

Subject: General Questions    / General General Questions
Question
BAM 317 Business Law Unit 2 Examination Multiple Choice Questions (Enter your answers on the enclosed answer sheet)
1. When is a criminal said to be judgment proof?
a.
b.
c.
d. when
when
when
when the
the
the
the criminal
criminal
criminal
criminal has not been read his Fifth Amendment rights prior to his arrest
does not have the money to pay a civil judgment
is found to be unfit to go to prison
has been deemed to be insane 2. A(n) ________ is a document for a person’s detainment that is based on a showing of probable
cause that the person committed a crime.
a.
b.
c.
d. arrest warrant
possessory warrant
no-knock warrant
execution warrant 3. ________ is defined as the substantial likelihood that a person either committed or is about to
commit a crime.
a.
b.
c.
d. Preponderance of the evidence
Reasonable doubt
Probable cause
Reasonable suspicion 4. Which of the following is a difference between indictments and information statements?
a. Indictments are issued before a trial, while an information statement is issued after a trial.
b. Indictments are issued by a grand jury, while an information statement is issued by a
magistrate.
c. Information statements are issued to dismiss a case before it goes to trial, while an
indictment is issued to bring a case to trial.
d. Information statements are issued without determining guilt, while an indictment is issued
where guilt is evident.
5. A(n) ________ is a charge of having committed a crime, usually a felony, based on the
judgment of a grand jury.
a.
b.
c.
d. 98 arraignment
information statement
indictment
plea BAM 317 Business Law Unit 2 Examination 6. At what stage of the criminal procedure is the accused asked to enter a plea?
a.
b.
c.
d. when
while
when
when the accused is taken to an arraignment
an indictment or information statement is being issued
the accused is being booked
the accused is being arrested 7. Which of the following is a necessary condition for a contract to be considered valid?
a.
b.
c.
d. It
It
It
It can be voided by both parties.
can be voided by one of the parties.
is enforceable by both parties.
is enforceable by at least one of the parties. 8. While Harry was intoxicated, he sold his car to Ben for substantially less than its fair market
value. This contract is considered ________.
a.
b.
c.
d. valid
voidable
void
unenforceable 9. Noelle uses blackmail to force Jeff to sign a contract for the sale of his home. This contract is
________.
a.
b.
c.
d. unenforceable
valid
void
voidable 10. If a contract is required to be in writing under the Statute of Frauds but is not, the contract is
________.
a.
b.
c.
d. 99 executed
unilateral
unenforceable
formal BAM 317 Business Law Unit 2 Examination 11. A contract that has been fully performed by one party but not by the other party is a(n)
________ contract.
a.
b.
c.
d. void
voidable
executory
executed 12. Elizabeth signs a contract to purchase a new car from Quickcash Motors. She has not yet
paid for the car, and Quickcash Motors has not yet delivered the car to Elizabeth. This is an
example of a(n) ________ contract.
a.
b.
c.
d. unenforceable
executory
void
executed 13. Most Web pages use electronic ordering systems that do not have the ability to evaluate and
accept ________.
a.
b.
c.
d. counteroffers
e-licenses
e-signatures
biometric data 14. The ________ establishes a uniform and comprehensive set of rules that govern the creation,
performance, and enforcement of computer information transactions.
a.
b.
c.
d. CAN-SPAM Act
UCITA
ECPA
ACPA 15. Which of the following is true of the UCITA?
a.
b.
c.
d. 100 It
It
It
It establishes a uniform set of rules that prohibit all forms of cybersquatting.
establishes the Statute of Frauds for all online content.
aims at eliminating all domain names registered in bad faith.
becomes a law only when a state legislature enacts it as a statute. BAM 317 Business Law Unit 2 Examination 16. A ________ refers to a contract that transfers limited rights in intellectual property and
information rights.
a.
b.
c.
d. contract
tender
license
domain name 17. A ________ is an owner of intellectual property or information rights who transfers rights in the
property or information to another party.
a.
b.
c.
d. lessor
lessee
licensee
licensor 18. A ________ refers to a party who is granted limited rights in or access to intellectual property
or information rights owned by another party.
a.
b.
c.
d. lessor
lessee
licensee
licensor 19. The UCC rule that says that a merchant who offers to buy, sell, or lease goods and gives a
written and signed assurance on a separate form that the offer will be held open cannot revoke
the offer for the time stated or, if no time is stated, for a reasonable time is referred to as the
________.
a.
b.
c.
d. gap-filling rule
firm offer rule
mirror-image rule
open term rule 20. A contract is created when ________.
a.
b.
c.
d. 101 the acceptance has been received by the offeror
an acknowledgement is sent by the offeror to the offeree of receiving an acceptance
the offeree sends an acceptance to the offeror
a written acceptance has been passed between the offeror and the offeree BAM 317 Business Law Unit 2 Examination 21. According to the mirror image rule, which of the following is true of additional terms being
added in an acceptance?
a.
b.
c.
d. They
They
They
They are considered to be counteroffers.
can be added when the sale is between a merchant and a non-merchant.
can be added to the contract without the consent of the offeror.
are considered to constitute acceptance. 22. The ________ requires all contracts for the sale of goods costing $500 or more and lease
contracts involving payments of $1,000 or more to be in writing.
a.
b.
c.
d. parol evidence rule
open price term
firm offer rule
Statute of Frauds 23. Kimberley, a merchant seller in Kansas, had an oral contract to sell goods to Jane, a merchant
buyer in Memphis, for $100,000. Two days after contracting, Kimberley sends a sufficient
written confirmation to Jane of the agreed-upon transaction. Jane, who has reason to know
the contents of the written confirmation, fails to immediately object to the contents of the
confirmation. Two weeks after receiving the written confirmation, Jane receives delivery of
the goods from Kimberley, and Jane then sends an objection to the written confirmation to
Kimberley. Which of the following is true of the contract between Kimberley and Jane?
a. The Statute of Frauds can be raised against the contract because a letter of objection was
sent to the offeror.
b. The offer is valid as the offeree knew the contents of the confirmation and did not object
within 10 days.
c. The contract is void as the offeror did not receive a letter of confirmation from the offeree
for delivery.
d. The Statute of Frauds can be raised because the offeree did not sign the contract.
24. Which of the following is an accurate statement regarding the risk of loss in a shipment
contract after the seller delivers conforming goods to the carrier?
a.
b.
c.
d. 102 The seller bears the risk of loss during transportation.
The buyer bears the risk of loss during transportation.
The seller and the buyer equally bear the risk of loss during transportation.
The seller bears one-third of the risk of loss and the buyer bears two-thirds of the risk of
loss during transportation.

BAM 317 Business Law Unit 2 Examination 25. Which of the following is an accurate statement regarding the risk of loss in a destination
contract after the seller delivers conforming goods to the carrier?
a.
b.
c.
d. 103 The seller bears the risk of loss during transportation.
The buyer bears the risk of loss during transportation.
The seller and the buyer equally bear the risk of loss during transportation.
The buyer bears one-third of the risk of loss and the seller bears two-thirds of the risk of
loss during transportation.