California BAM 317 –

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. whenwhenwhenwhen thethethethe criminalcriminalcriminalcriminal has not been read his Fifth Amendment rights prior to his arrestdoes not have the money to pay a civil judgmentis found to be unfit to go to prisonhas been deemed to be insane 2. A(n) ________ is a document for a person’s detainment that is based on a showing of probablecause that the person committed a crime.a.b.c.d. arrest warrantpossessory warrantno-knock warrantexecution warrant 3. ________ is defined as the substantial likelihood that a person either committed or is about tocommit a crime.a.b.c.d. Preponderance of the evidenceReasonable doubtProbable causeReasonable 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 amagistrate.c. Information statements are issued to dismiss a case before it goes to trial, while anindictment is issued to bring a case to trial.d. Information statements are issued without determining guilt, while an indictment is issuedwhere guilt is evident.5. A(n) ________ is a charge of having committed a crime, usually a felony, based on thejudgment of a grand jury.a.b.c.d. 98 arraignmentinformation statementindictmentplea 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. whenwhilewhenwhen the accused is taken to an arraignmentan indictment or information statement is being issuedthe accused is being bookedthe accused is being arrested 7. Which of the following is a necessary condition for a contract to be considered valid?a.b.c.d. ItItItIt 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 marketvalue. This contract is considered ________.a.b.c.d. validvoidablevoidunenforceable 9. Noelle uses blackmail to force Jeff to sign a contract for the sale of his home. This contract is________.a.b.c.d. unenforceablevalidvoidvoidable 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 executedunilateralunenforceableformal 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. voidvoidableexecutoryexecuted 12. Elizabeth signs a contract to purchase a new car from Quickcash Motors. She has not yetpaid for the car, and Quickcash Motors has not yet delivered the car to Elizabeth. This is anexample of a(n) ________ contract.a.b.c.d. unenforceableexecutoryvoidexecuted 13. Most Web pages use electronic ordering systems that do not have the ability to evaluate andaccept ________.a.b.c.d. counterofferse-licensese-signaturesbiometric 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 ActUCITAECPAACPA 15. Which of the following is true of the UCITA?a.b.c.d. 100 ItItItIt 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 andinformation rights.a.b.c.d. contracttenderlicensedomain name 17. A ________ is an owner of intellectual property or information rights who transfers rights in theproperty or information to another party.a.b.c.d. lessorlesseelicenseelicensor 18. A ________ refers to a party who is granted limited rights in or access to intellectual propertyor information rights owned by another party.a.b.c.d. lessorlesseelicenseelicensor 19. The UCC rule that says that a merchant who offers to buy, sell, or lease goods and gives awritten and signed assurance on a separate form that the offer will be held open cannot revokethe 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 rulefirm offer rulemirror-image ruleopen term rule 20. A contract is created when ________.a.b.c.d. 101 the acceptance has been received by the offeroran acknowledgement is sent by the offeror to the offeree of receiving an acceptancethe offeree sends an acceptance to the offerora 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 beingadded in an acceptance?a.b.c.d. TheyTheyTheyThey 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 leasecontracts involving payments of $1,000 or more to be in writing.a.b.c.d. parol evidence ruleopen price termfirm offer ruleStatute of Frauds 23. Kimberley, a merchant seller in Kansas, had an oral contract to sell goods to Jane, a merchantbuyer in Memphis, for $100,000. Two days after contracting, Kimberley sends a sufficientwritten confirmation to Jane of the agreed-upon transaction. Jane, who has reason to knowthe contents of the written confirmation, fails to immediately object to the contents of theconfirmation. Two weeks after receiving the written confirmation, Jane receives delivery ofthe goods from Kimberley, and Jane then sends an objection to the written confirmation toKimberley. 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 wassent to the offeror.b. The offer is valid as the offeree knew the contents of the confirmation and did not objectwithin 10 days.c. The contract is void as the offeror did not receive a letter of confirmation from the offereefor 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 shipmentcontract 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 ofloss 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 destinationcontract 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 ofloss during transportation.