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If the defendant does not answer the complaint, a default judgment is entered against him or her.
True
 
In a case of personal injury due to an accident, the statute of limitations begins to "run" at the time the accident occurs.
True
 
A defendant can answer a complaint and file a cross-complaint at the same time.
True
 
Only the defendant can appeal in a criminal case.
True
 
Which of the following statements best describes re-direct examination?
The plaintiff's attorney questions its own witness after the witness has been questioned by the defendant's attorney.
 
Voir dire is the process whereby the jurors ask prospective parties questions to determine whether they would be biased.
False
 
Once the defendant is served with the complaint, she must either file a motion to dismiss or provide a
formal ________________ to the complaint.
answer
 
Litigation phases occur in the following order:
Pleadings, discovery, pre-trial conference, voir dire, trial, verdict
 
A judge must be present at all depositions to ensure fairness and to resolve disputes.
False
 
In a civil case, the party who files a complaint is called the
plaintiff
 
A deposition is oral testimony given by a party or witness during the trial.
False
 
The act of people interested in the lawsuit joining as parties to an existing lawsuit is called arbitration.
False
 
A pretrial hearing is also known as a settlement conference.
True
 
The paperwork that is filed with the court to initiate and respond to a lawsuit is referred to as a "pleading."
False
 
has all of the gain and all of the loss, responsible for the control, liabilities and management of the business
sole proprietor
 
legally the owner of the business and capital must come from the owner's own resources or borrowed
sole proprietor
 
become a ____ if you want to protect your personal liability
corporation
 
a corporation will be taxed at an _____ and a corporate rate
individual
 
two or more people engaged in business for profit can be defined as
general partnership
 
in a general partnership who will do what when and why may be equal or unequal.
true
 
a written document is necessary to define a general partnership. t/f
false
 
Provides default rules that determine operation of partnership when agreement is silent or lacking a formal agreement
Uniform Partnership Act
 
A partnership can begin with an _____ agreement between two or more persons as partners or with
an ____ agreement hat may be inferred from the conduct of the partners as they do business together
oral, implied
 
This must be created if you do business under any other name than what is on your birth certificate.
fictitious name statement
 
A fictitious name statement is a form that should be filed in the clerk’s office in the county you're doing business in.
true
 
partnership where there is two or more people but only one general partner is needed and only liable for what you invest
limited partnership
 
The general partner of a limited partnership can have personal property taken the same as in a general partnership.
true
 
How is the 1st amendment judged
time, place, manner
 
Referring to something which has begun but has not been completed, either an activity or some object which is incomplete.
It may define a potential crime like a conspiracy which has been started but not perfected or finished
inchoate
 
At first sights, something presumed to be true until disproved by contrary evidence
prima facie
 
employer is held liable for wrongful acts of his employees committed within the scope of their employment
respondeat superior
 
A corporation allows you to have ___ shareholders and still be taxed as an individual
100
 
Create a document to be filed with the secretary of state called ____ to become a corporation
certificate of incorporation
 
____________ ____ _________ is to a birth certificate as a corporations is to a person
articles of incorporation
 
daily instructions or rules to the agents of corporation what they can do that govern the internal operations of the corporation
bylaws
 
Any business other than sole proprietor that is separate from the person is called an ___ and carries certain protection
entity
 
can't take personal assets in a corporation unless a ____ or _____ is committed by a corporate agent due to the corporate veil
crime, fraud
 
an artificial person, or legal entity, created under state law
corporation
 
a business organization that is treated like a corporation for liability purposes but like a partnership for federal tax purposes
limited liability company
 
in an LLC liable to the extent of the organization unless crime or fraud is committed and can then be personally liable. t/f
true
 
which type of company does not stand for a perpetual amount of time, usually for a certain project
LLC
 
a contractual right to use the genius of another creator and agreement to pay rent and royalties and follow the rules of the contract
franchise
 
individuals, corporations, partnerships, and other LLCs may be members in a LLC
true
 
franchises can be separated in 3 basic categories: product distributorships, trademark/trade-name licensing,
and business format franchising.
true
 
What does not protect from personal liability for acts committed under your license. May be used for those providing
a service that requires a licensing such as a dentist, doctor, or accountant
professional corporation
 
Anyone who has an interest in the outcome of the company: people, other businesses, neighborhoods, schools, government agencies
stakeholders
 
____, _____, and ____ has to exist between a principal and agent trust, loyalty, confidence
 
Requires an agent to place the principals interests before the agents personal interests of those of any third party
duty of loyalty
 
Principal whose identity is known by the third party at the time the contract is entered into with an agent
disclosed
 
A disclosed party is/is not liable to a third party for a contract made by an agent who had actual authority to act on behalf
of the principal
is
 
where is can be known you are an agent but you cannot disclose who your principal is
partially disclosed
 
one whose identity is unknown by the third party and it can never be told you are an agent for a principal under the contract
undisclosed
 
no authority to do anything except the job they are hired to do applies when an employee is under the direct control of an employer
master servant
 
employers may be liable for the ___ committed by employees in the course of employment
torts
 
administrative government agencies ____ write rules not laws that have the same force and effect as laws
except one cannot be incarcerated for violating a rule
 
will affect your life more than any law and nicknamed 4th branch of government because they are so influential
administrative government agencies
 
Administrative government agencies are born through an enabling statute which is the document evidencing the creation
of an AA as provided by the ____
US constitution
 
administrative agencies can perform all three branches of the government work without violating the Doctrine of
Separation of Powers when performing all three government functions. t/f
true
 
delegation of authority ____ allows congress to delegate authority to an administrative agency
through an enabling statue
 
statements issued by an agency who reviews its rule internally
interpretative rules
 
detail an agency's structure and describe its method of operation and its internal practices
procedural rules
 
all _____ are torts
crimes
 
not all ____ are classified as crimes
torts
 
An external check on agency power which ensures that agencies follow required procedures, do not go beyond the
authority granted them by congress, can justify their actions, and respect constitutional rights
judicial review
 
makes most documents held by federal agencies available to the public, unless the document falls within certain exempted categories
freedom of information act
 
applies to accountants requires certification of CEO or CFO if securities are on a public stock exchange or IPO
Sarbanes Oxley
 
Sarbanes Oxley was created in ____ and makes CEO and CFO accountable for validity of financial statements
August 29, 2002
 
Statute of limitations has been extended to __ years from discovery of fraud to ___ years after the violation destruction or
alteration of information if CEO or CFO violating certification can be subject to___
million in fines ____ years in prison
two five one ten
 
a clause stipulating/stating that in certain unforeseen events - war, political upheavals, acts of God, etc. that one party to a
contract can be excused from performance without liability for such failure to perform and such clause is known as
force majeure clause
 
prevented federal court intervention into certain union activities pertaining to union strikes picketing and boycotts provided
such activities were peaceful
Norris LaGuardia act
 
act of 1935 presents you with a historical event in labor-management relations which created the opportunity and the right
for labor to unionize, strike and engage in collective bargaining with management
NLRA
 
Provided for a bill of rights for union members
Landrum griffin act
 
Declared that the Title VII of the Civil Rights Act of 1964 and its progeny applies not only in America but applies with the
same force and effect extraterritorially, in that American workers working abroad are bound by these laws in the same
manner they are bound while working in America
civil rights act of 1991
 
Employers are able to protect themselves by not hiring certain types of worker's for certain types of jobs and not be
charged with violating any discrimination law.
BFOQ
 
Workers Compensation laws limit the _______of a legally entitled recovery, but provide immediate health care, partial
weekly income compensation and other benefits to an injured worker
dollar amount
 
Act that states that employers must provide employees a workplace free from recognized hazards that are causing or are
likely to cause death or serious physical harm
OSHA
 
Concerns requirements about when hazardous waste sites must be cleaned up and who is liable for the costs
superfund
 
Basic goal was to ensure workers the right to self organization, to form, join, or assist labor organizations to bargain collectively
through reps of their own choosing and to engage in other concerted activities for the purpose of collective bargaining
Wagner act
 
Was created to monitor unfair labor practices and assure that union representation elections are fair. does not regulate the substance
of bargaining or actual terms, mostly concerned with proper procedure and review of claims that the NLRA has been violated
NLRB
 
Amended the NLRA marked a change in federal policy from actively encouraging labor union formation to a more balanced approach
Taft Hartley act of 1947
 
Amended the NLRA increased regulation of internal union affairs, act was intended to assure that union members are
protected from improper actions by union leaders
Landrum griffin act of 1959