Busn 420 business law week 2 quiz 2 set 1 and set 2

Set 1

1. Question : (TCO 3) Ula wants to initiate a suit against Valley Farms by filing a complaint. The complaint should include

  Student Answer:   an explanation to refute any defense the defendant might assert.

     a motion for summary judgment.

     a motion to dismiss.

      a statement of the facts necessary to show Ula is entitled to relief.

   
 2. Question : (TCO 3) The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This

  Student Answer:   is a decision on the merits with value as a precedent.

     indicates agreement with the Idaho court’s decision.

     means nothing.

      means that the Idaho court’s decision is the law in Idaho.

   
 3. Question : (TCO 3) Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include

  Student Answer:   an explanation of the proof to be offered at trial.

     a motion for judgment n.o.v.

     a motion for judgment on the pleadings.

      a statement of the grounds for the court to exercise jurisdiction.

   
 4. Question : (TCO 3) In Fancy Frills Corporation’s suit against Glamour Stores, Inc., the jury returns a verdict in Fancy’s favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for

  Student Answer:   a judgment in accordance with the verdict.

     a judgment on the pleadings.

      a new trial.

     judgment n.o.v.

 5. Question : (TCO 3) Lynn files a suit against Karl. Karl denies Lynn’s charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is

  Student Answer:    a counterclaim.

     a crossclaim.

     an affirmative defense.

     an irrelevant response.

  Instructor Explanation: Page 66

   
 6. Question : (TCO 1) Pluto accuses Quark, an accountant, of committing defalcation. This is

  Student Answer:    embezzlement.

     general misconduct.

     professional negligence.

     throwing something out of a window.

   
 7. Question : (TCO 1) Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon. Drake is liable for any injuries to

  Student Answer:   Evon and Flip but not Gina.

     Evon and Gina but not Flip.

      Evon, Flip, and Gina.

     none of the parties.

   
 8. Question : (TCO 1) Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty as a result of the missed deadline and hires Trey to complete the job. Rex is most likely liable for

  Student Answer:   nothing.

      Sofi’s penalty and the cost to hire Trey.

     Sofi’s penalty only.

     the cost to hire Trey only.

   
 9. Question : (TCO 1) Bette backs out of City Parking Garage, colliding with Dill’s car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

  Student Answer:   a blameless person.

     a faultless person.

     a reliable person.

      a reasonable person.

  Instructor Explanation: Page 101

   
 10. Question : (TCO 1) Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

  Student Answer:    if Ike intended to push Joan.

     only if Ike did not intend to break Joan’s arm.

     only if Ike had a bad motive for pushing Joan.

     only if Ike intended to break Joan’s arm.

  Instructor Explanation: Page 87

 Set 2

Week 2 : Courts & Litigation, Negligence, Accountant Liability – Quiz

Question 1. 1. (TCO 3) The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This (Points : 2)
        is a decision on the merits with value as a precedent.
        indicates agreement with the Idaho court’s decision.
        means nothing.
        means that the Idaho court’s decision is the law in Idaho.

Question 2. 2. (TCO 3) Sam, a citizen of Tennessee, files a suit in a Tennessee state court against United Sales Corporation, a Wyoming company that does business in Tennessee. The court has original jurisdiction, which means that (Points : 2)
        the case is being heard for the first time.
        the court does not have concurrent jurisdiction.
        the court has standing.
        the court has venue.

Question 3. 3. (TCO 3) Jo files a suit against Lara in a Missouri state court. Lara’s only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has (Points : 2)
        a commercial cyber presence in Missouri.
        conducted substantial business with Missouri residents.
        general maximum contact with Missouri.
        solicited virtual business in Missouri.

Question 4. 4. (TCO 3) Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has (Points : 2)
        federal question jurisdiction.
        in personam jurisdiction.
        in rem jurisdiction.
        no jurisdiction.

Question 5. 5. (TCO 3) Sam, a citizen of New Mexico, wants to file a suit against Tanya, a citizen of Texas. Their diversity of citizenship may be a basis for (Points : 2)
        any court to exercise in rem jurisdiction.
        a federal district court to exercise original jurisdiction.
        a U.S. court of appeals to exercise appellate jurisdiction.
        the United States Supreme Court to issue a writ of certiorari.

Question 6. 6. (TCO 1) Rex, an accountant, enters into a contract to provide services to Sofi. Rex does not finish the work within the contract’s deadline. Sofi pays a penalty as a result of the missed deadline and hires Trey to complete the job. Rex is most likely liable for (Points : 2)
        nothing.
        Sofi’s penalty and the cost to hire Trey.
        Sofi’s penalty only.
        the cost to hire Trey only.

Question 7. 7. (TCO 1) Travis, an accountant, is subject to the accounting conventions, rules, and procedures that constitute generally accepted accounting principles (GAAP). GAAP are determined by (Points : 2)
        state courts.
        the American Bar Association.
        the American Institute of Certified Public Accountants.
        the Financial Accounting Standards Board.

Question 8. 8. (TCO 1) Jean is playing a computer game on a bad disk that melts in her drive, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game’s manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant application of this doctrine is in the area of (Points : 2)
        cyber torts.
        intentional torts.
        product liability.
        unintentional torts.

Question 9. 9. (TCO 1) Kelly is injured when she slips and falls on Layla’s sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of (Points : 2)
        a realistic person.
        a reasonable person.
        a recognizable person.
        a reliable person.

Question 10. 10. (TCO 1) Gert, an accountant, contracts to conduct an audit for Hailey. In performing the audit, Gert fails to detect certain misconduct. Gert is most likely (Points : 2)
        liable if a normal audit would have revealed the misconduct.
        liable if Gert issues a specifically qualified opinion.
        not liable if Gert generally disclaims any liability.
        not liable if the misconduct was due to Hailey’s negligence.