BUSINESS L 110 Business Law Final Practice Questions and Answers,100% CORRECT

BUSINESS L 110 Business Law Final Practice Questions and Answers 1 Business law consists of the enforceable rules of conduct that govern commercial relationships. True 2 Because of the law, we rely on the goodwill and dependability of one another. False 3 Public law controls disputes between private individuals or between groups and their government. True 4 Cyberlaw is based primarily on existing laws. True 5 Another name for case law is common law. True 6 Case law interpretations are law unless they are revoked later by new statutory law. True 7 The term "stare decisis" means "reversing the decision." False 8 The decision of a state supreme court is binding on a lower state court located in the state. True 9 Constitutions and statutes are complete in the sense of covering the detailed rules that affect government and business relations. False 10 Presidents claim the power to issue executive orders on the basis of their Article II, Section 1, constitutional power to "take care that the laws be faithfully executed." True 11 The term "natural law" is another word for "legal positivism." False 12 Joan comes to Mike's law office to ask him about the law in regard to dogs running at large in her neighborhood. Mike tells Joan that he will research the issue and get back with her. Where should Mike look first in order to locate applicable law? State Statutes 13 Which of the following refers to the ability to understand the structure of what someone is saying and then apply a set of criteria to evaluate its worth? Critical Thinking Skills 14 Which of the following would be relevant areas of business law to a human resource manager? Contracts, employment and labor law, and employment discrimination 15 Laws are enforced by which of the following? Courts 16 A majority of citizens in a democracy can agree to permit certain authorities to make and enforce rules describing what behavior is permitted and encouraged in their community. These rules are what we refer to as the . Law 17 Assume a business person who owns a computer equipment store is delinquent in paying rent to the landlord. The resulting dispute focuses on law. Private law 18 If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on law. Public 19 Which type of law delineates the rights and responsibilities involved in relationships between persons and their government? Civil 20 Which type of law involves incidents in which someone commits an act against the public as a unit? Criminal 21 Assume a restaurant chain is forced to pay damages for breach of contract to a supplier. What type of law is involved? Private law and civil law 22 Assume the Securities and Exchange Commission prosecutes someone for insider trading. This prosecution is an example of law. Criminal "The Stolen Book." Susan is told by Betty that Bob stole her business law book out of her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob had Susan arrested for slapping him, and the local district attorney is prepared to prosecute that matter on behalf of the state. Susan sues Bob for damages to the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. 23 Which of the following is true regarding Susan's claim against Bob for damages involving the book and her claim that Bob maliciously had her arrested? The claim for damages involving the book and also the claim that Bob maliciously had her arrested are civil claims involving private law. 24 The prosecution against Susan for slapping Bob involves which of the following? Public law and criminal law 25 The action Bob has against Betty for defamation involves which of the following? Civil law and Private law "Inattentive Driving." Molly, a first year law student, decided to skip class and drive off campus to check on her new dress for the upcoming school dance. While driving, Molly is busy talking on her cell phone with her friend Sharon to convince her to going to the dance with Molly's brother who has a big crush on Sharon. Unfortunately for Molly, there is a statute in her state outlawing talking on a cell phone while operating a motor vehicle. Molly crashes into the side of Sam's new convertible when she looks down to pick up a can of soda she just dropped onto her new jeans. A police officer just down the street comes over to investigate. Molly explains to him that it was difficult to hold the cell phone in one hand, the soda in the other, and also drive. The officer was not impressed. Around that time Sam comes along. He is furious regarding the significant dent in his new car. Molly says she has insurance and that she will cover the whole incident. Sam says that is insufficient; but Molly says that under case precedent, that is his only remedy. The officer is annoyed because it is his lunch break. He tells Molly that she must obey duly authorized law, and proceeds to write several citations to her. 26 Which type of law is involved in the above situation considering Molly's interaction with both the officer and Sam? Public law, private law, civil law, and criminal law 27 Which of the following is true regarding Molly's predicament? Molly can be sued in a civil action by Sam, and she can also be prosecuted by the government for a criminal violation. 28 The law in Molly's state regulating cell phone usage would be classified as which of the following? A statute 29 The officer's reference to the need for Molly to obey duly authorized law is a reference to which of the following? Legal Positivism 30 Molly's reference to precedent involves which of the following? Common law that is law unless revoked by new statutory law 31 The is the supreme law of the land. US Constitution 32 The rules and regulations put forth by legislatures are referred to as Statutory law. 33 Legislative acts passed by state legislatures can be found in the . State Codes 34 Legislative acts passed by the U.S. Congress can be found in the . US State Codes 35 The group that urges states to enact model laws to provide greater uniformity of law is called the . National Conference of Commissioners on Uniform State Laws 36 When the organization in charge of proposing uniform laws proposes a statute, which of the following is true? A state legislature can ignore the proposed uniform law, adopt it in full, or adopt it in part. 37 Case law can be revoked by . New Statutes 38 The term involves the use of past decisions to guide future decisions. Precedent 39 The is a body of law significant to business activities including sales, banking, and warranty. Uniform Commercial Code 40 When courts rely on precedent, they are obeying . Stare Decisis 41 "International Expansion." Zach wants to expand his coffee business internationally - into Zeno, a small remote country. He moves there temporarily in order to oversee operations. His best friend Zora asks him if he plans to hire legal counsel for the expansion. Zach replies, "Of course not. The U.S. has the strictest laws regarding contracts, employment, and business practices in the world. So long as I'm legal in the U.S., I'm legal anywhere. Besides, I studied up on Zeno law ten years ago, and I know it all." Zach proceeds and lands in jail in Zeno for violating recently passed laws protecting employees and mandating certain benefits. Authorities there claim that he sexually harassed an employee, failed to pay sufficient wages, and failed to give employees Zeno's mandated 12 weeks of paid vacation per year. 41 Which of the following is true regarding Zach's defense that he thought he knew the law of Zeno because he had studied it some years before and that the laws under which he was arrested were new? (Assume the law of Zeno is the same as the U.S. on this issue.) Rules change and Zach had a duty to stay current. It is not a defense that he studied the law at one time and that the laws at issue were new. 42 The type of law involved in comparing laws between the U.S. and Zeno is . Comparative Law 43 Which of the following is true regarding Zach's legal problems in Zeno? Zach must obey the laws of Zeno when operating a business in Zeno and cannot rely upon U.S. laws as a defense. 44 Which of the following cases overturned prior precedent? Brown v. Board of Education 45 Which of the following is true regarding administrative agencies? Administrative agencies exist at the federal, state, and local level. 46 Which of the following is true regarding treaties at the federal level? A treaty is generally negotiated by the executive branch and must then be approved by two-thirds of the Senate. 47 Which of the following contains summaries of common law rules in a particular area of the law? Restatements of the Law 48 Which of the following is an independent agency? The Consumer Product Safety Commission 49 Which of the following is an executive agency? The Federal Deposit Insurance Corporation "To the Dogs." Alice loves all animals and is starting a new grooming business for them. She believes that animals are very important and plans to exceed any applicable regulations regarding cleanliness and health standards. Alice thinks, however, some local regulations make no sense. For example, there is a local ordinance that all dogs must be kept on a leash at all times when not in an inside area. Although Alice is placing her business on a large lot with a fenced outside area allowing plenty of room for dogs to run free, she plans to obey the leash regulation and all others. She is aware, however, that some members of the community have had success in changing local regulations by petitioning city council. Alice plans to proceed in that manner to attempt a change in the leash law. 50 Alice's idea that dogs have basic rights, and her plan to exceed laws involving cleanliness and health standards is rooted in which of the following? Natural Law 51 Alice's plan to obey all laws and regulations even if she does not agree with them is rooted in which of the following? Legal Positivism 52 Alice's plan to seek change through following what others have done in the past, petitioning city council, is rooted in which of the following? The historical school 53 The concept of suggests that individuals should have the freedom to disobey a law enacted by people if their conscience goes against the law and they believe the law is wrong. Natural Law 54 Assume a judge writes that she is deciding to enforce a law in question but that her decision does not mean that she sees the law as the morally correct rule. The judge would have leanings in the direction of . Legal positivism 55 In which school of jurisprudence is the concept of stare decisis rooted? The historical school 56 Which of the following is reported in the Federal Reporter? Common Law 57 Which of the following is reported in the United States Code? Statutes 58 Which of the following is reported in the Code of Federal Regulations? Administrative law 59 Which of the following is based on the idea that, when ruling on a case, judges consider more than just the law; they also weigh factors such as social and economic conditions? Legal Realism 60 Which approach to jurisprudence is based on choosing alternatives that maximize benefits and minimize costs, and is tied to the pursuit of efficiency? Cost-benefit analysis 61 Candy wants to start an Internet business doing business domestically as well as internationally. She is told by the Chinese government that certain items on her site are objectionable and illegal, and that if she wants to do business in China, she must remove the objectionable material. Which of the following is true? If Candy wants to do business in China, she must abide by Chinese law. 62 Ethical conversation is primarily about finding the one and only right thing to do. False 63 Business ethics is the application of ethics to the special problems and opportunities experienced by business people. True 64 The social responsibility of business consists only of the expectations employees have of employers. False 65 Insurer American International Group (AIG) is well known in the insurance industry for its ethical and cautious investments protecting investors. False 66 In some countries, businesses must pay bribes in order to receive legitimate supplies. True 67 In an ethical analysis using the WPH Framework referenced in the text, owners are the most important stakeholders and should receive the greatest consideration in decision making regardless of the type of problem addressed. False 68 The definition of stakeholder is the same as the definition of shareholder. False 69 The community in which a firm operates would not be considered a stakeholder of the firm. True 70 Situational ethics is the same thing as ethical relativism. False 71 Consequentialism provides a rigid set of rules to follow regardless of the situation. False 72 Utilitarianism is a form of consequentialism. True 73 Ethics is not an issue in accounting because of the primarily objective data involved in that field. False 74 Juries decide questions of law. False 75 Usually the issue of ripeness arises when one party claims that a case is moot. True 76 The word "jurisdiction" comes from the Latin terms juris, meaning "law," and diction, meaning "to speak." True 77 In rem jurisdiction references jurisdiction over a person. False 78 Under federal statutory law, Internet transactions cannot be the basis for a finding of in personam jurisdiction. False 79 Subject-matter jurisdiction is a court's power to hear certain kinds of cases. True 80 State courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. True 81 Concurrent federal jurisdiction means that both state and federal courts have jurisdiction over a case. True 82 Once a case is in the proper court system, venue determines which trial court in the system will hear the case. True 83 In some cases, the U.S. Supreme Court functions as a trial court of limited jurisdiction. True 84 A person who has the legal right to bring an action in court has standing. True 85 Intermediate courts of appeal in the state court system exist in all states. False 86 Under our system of justice, courts may issue advisory opinions. False 87 The defendant responds to a complaint with an answer. False 88 Because of its complicated nature, any complaint should be at least three pages long. False 89 A defendant who believes that he or she has a claim against the plaintiff would include a counterclaim with the answer. True 90 A reply is an answer to a counterclaim. True 91 A party only has a limited number of challenges for cause in jury selection. True 92 Peremptory challenges in jury selection may not be racially based. True 93 In most civil cases, a plaintiff must prove her case beyond a reasonable doubt. False 94 Only one party may appeal from a final judgment. False 95 If an appellate judge agrees with the majority's decision, but for different reasons, the judge may write a "concurring" opinion. True 96 On average, the U.S. Supreme Court hears 300 cases a year. False 97 Mike, a resident of Georgia, sues Company A in state court in Georgia for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A strikes his pick-up truck in the rear. Company A is incorporated in Delaware, has its headquarters in New York, but does a substantial amount of business in Georgia. Company A seeks removal to federal district court, but Mike opposes the motion. Which of the following is true regarding whether the case may be properly removed to federal district court? The amount in controversy satisfies diversity requirements; and if Company A's nerve center is in a state other than Georgia, then the case may be properly removed to federal court. 98 In what state is XYZ Bank, a federally chartered bank, considered a citizen? The bank is considered a citizen of the state in which it is located, meaning the state in which its main office as specified in its articles of incorporation is located. 99 Which of the following is true regarding the use of peremptory challenges based on gender? Peremptory challenges may not be based on gender. 100 Ann, a Massachusetts resident, breached a contract entered into in Florida with Bruce. Bruce successfully obtains a judgment against Ann for $150,000 in a Florida state court. Ann lives in a nice apartment in Massachusetts, and her only substantial asset is a vacation beach house in North Carolina. Which of the following is true regarding Bruce's ability to obtain funds from a sale of the beach house? Bruce will be able to sell the beach house in North Carolina through attachment jurisdiction, but he must return to Ann any funds obtained in excess of amounts owed. 101 Doctor Sally was sued for malpractice based on allegedly removing the wrong body part. Following discovery, it becomes clear that the plaintiff has no credible evidence against Doctor Sally and that no reasonable jury could rule in the plaintiff's favor. How should Sally's lawyer proceed? The lawyer should make a motion for summary judgment. 102 Which of the following do appellate courts primarily handle? Questions of law 103 Which of the following is a question of fact? Did the vehicle run the traffic light? 104 Laws which enable the court to serve a defendant outside the state as long as the defendant has sufficient minimum contacts within the state and it seems fair to assert jurisdiction are called . Long Arm Statues 105 Which of the following is the same as attachment jurisdiction? Subject-matter jurisdiction 106 Paul lives in Florida but owns property in Tennessee for which he has not paid property tax in several years. Assuming the state meets procedural requirements, which of the following is true? The court can exert in rem jurisdiction over the property and sell it to satisfy the tax debt. 107 Will a plaintiff be allowed to assert jurisdiction over a defendant in the plaintiff's state for a cause of action arising out of the defendant's website? It depends on the nature and quality of commercial activity that an entity conducts over the Internet. 108 Which of the following is true regarding state and federal court jurisdiction? In some cases, state courts have exclusive jurisdiction; in some cases, state courts have concurrent jurisdiction with the federal courts; and state courts also have the power to hear all cases not within the exclusive jurisdiction of the federal court system. 109 Which of the following is true regarding federal jurisdiction? Some cases fall within both federal jurisdiction and state jurisdiction, but the federal court system has exclusive jurisdiction over some cases. 110 Over which of the following does the federal court system have exclusive jurisdiction? Admiralty, bankruptcy, and federal copyright cases 111 Which of the following is a court's power to hear certain kinds of cases? Subject-matter jurisdiction 112 Which of the following is needed for diversity-of- citizenship? That the plaintiff and the defendant reside in different states and that the controversy concerns an amount in excess of $75,000. 113 For purposes of diversity-of-citizenship, where does a corporation reside? The state in which the corporation has its principal place of business and the state of incorporation. 114 Assume a plaintiff files a case in state court that could also have been filed in federal court. Does the defendant have any choice in the matter? The defendant has a right to move the case to federal court. 115 Which of the following is typically an appropriate venue in a lawsuit? The trial court where the defendant resides and also the location where the dispute occurred if the lawsuit focuses on a particular incident. 116 Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county? Venue 117 What are the trial courts in the federal court system called? U.S. district courts 118 How many circuits does the U.S. Court of Appeals have? 12 119 Assuming there are no vacancies, how many U.S. Supreme Court justices are there? 9 120 Which of the following is true regarding the court system in the Republic of China (Taiwan)? Responsibility for interpreting the country's constitution falls to the Constitutional Court of the Judicial Yuan. 121 Which of the following is true regarding trials in Japan? Trial involves a series of discrete meetings between the parties and the judge. "Appellate Court." Jim, who is a bit eccentric, says that he is fed up with the way a certain employer in his town treats employees and that he is going to sue on behalf of all those employees. Jim also says that he is going to start his case at the appellate court level, skipping over all those "lesser" judges. Jim says that those justices will surely hear him out and that he will also seek a jury. 122 Will an appellate court hear Jim's case? No, because Jim is required to first file the case in the appropriate trial court. 123 Regardless of what court is involved, can Jim act as plaintiff for the employees? No, because he lacks standing. 124 Assuming Jim ends up initially, or at some later point, at the appellate level, is he entitled to a jury at the appellate level? No, jurors are not used at the appellate court level. 125 Yolanda found a better job and quit Robert's employment. Yolanda, however, wants to sue Robert because she believes that he may have terminated her employment in the future based on age discrimination. At this point, which of the following would be Robert's best defense to a lawsuit filed by Yolanda in the state in which she worked? That the case is moot. 126 Which of the following is true regarding state courts of appeal? Not all states have intermediate courts of appeal; in those states, appeals go to the state court of last resort. "Revenge." Jane, a first year law student, while walking to school in inclement weather, accidentally slipped on ice knocking down Greg, another first year law student, breaking his glasses. He was very angry with Jane and let the air out of one of her car tires. Greg also decided to sue Jane for negligence claiming as damages $300 for his broken glasses. He decided that he already knew all about the law and did not need a lawyer. Greg sued Jane in state court. Jane, in the same lawsuit, brought an action against Greg for letting the air out of her tire. At the trial in state court, Jane told the judge that a friend, Susie, told her that she saw Greg let the air out of Jane's tire. The judge disallowed Jane's testimony on that issue. Susie, however, who was in the courtroom also came and testified to that effect. The state court judge ruled in favor of Jane. Greg said that he was not giving up and that he would seek double damages on appeal in federal court. Jane and Greg live in different states when not attending school. After the trial, Jane reported Greg's action of letting the air out of her tire to the police who said that they would proceed with a criminal action against Greg. Greg goes to see Alex, a recent graduate who had just passed the bar, and asked Alex to represent him in a federal court appeal. 127 What advice should Alex give to Greg regarding an appeal filed in federal court? He should tell Greg to forget about a federal court appeal because an appeal from a state trial court would not be to federal court. 128 Jane's action against Greg for the tire is called a . Counterclaim 129 Was the judge correct in disallowing Jane's testimony regarding what Susie told her about the tire? Yes, the judge was correct to disallow the testimony because it was hearsay. 130 What standard of proof would the trial judge have applied when ruling on the case? A preponderance of the evidence standard 131 What standard of proof would the judge apply in a criminal action against Greg? A standard of proof beyond a reasonable doubt 132 The requirement ensures that courts do not render advisory opinions. Case or Controversy 133 Bob sued Jane over a motor vehicle accident. Bob and Jane settled the case prior to the trial for $1,000. The lawsuit is now . Moot 134 A[n] is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint, and the plaintiff's complaint alleges facts that would support such a judgment. Default judgment 135 A defendant uses a[n] when her or his answer admits that the facts contained in the complaint are accurate but also includes additional facts that justify the defendant's actions and provide a legally sound reason to deny relief to the plaintiff. Affirmative Defense 136 The plaintiff must provide the defendant in a lawsuit with a copy of the complaint. That process is called . Service of process 137 Which of the following is a document that notifies the defendant of the lawsuit and explains that if the defendant does not respond to the lawsuit within a certain period of time, a default judgment will be entered? Summons 138 The court may grant a if after reviewing the pleadings, the judge determines that the only reasonable decision is in favor of the moving party. Motion for judgment on the pleadings 139 The court may grant a if after reviewing the evidence in the case, there is no factual dispute and one party is entitled to judgment prior to trial. Motion for summary judgment 140 Which of the following is true regarding tools of discovery? Interrogatories, depositions, and requests to produce documents are all tools of discovery available to all parties. 141 Which of the following are written questions that one party sends to another to answer under oath? Interrogatories 142 At a[n] , attorneys examine a witness under oath with a court reporter present. Deposition 143 Billy, a witness to a motor vehicle accident, is gravely ill with cancer. Pat, who was injured in the accident, would like to preserve his testimony for trial in case he dies before the trial date. What should Pat do? Take Billy's deposition. "Puppy Woes." Sam promised to sell Linda a Welsh Corgi puppy for $700 but backed out of the deal. Linda sued Sam in state court for breach of contract and asked for a jury to hear the case. During jury selection, one juror, Ann, said that she did not think she could be fair to Linda because Linda did not appear to be a dog lover. Linda's lawyer asked that Ann not hear the case on the basis that she could not be fair, and the judge excused Ann. Linda also decided that another juror, Sandy, looked at her in a grumpy manner so, without a reason given, Linda's lawyer asked the judge to excuse that juror from serving. The judge did so. After the jury was chosen, Linda's lawyer made a statement to the jury as did Sam's lawyer. Linda's lawyer then called to the witness stand Brenda, a friend of Linda, who heard the discussion held between Linda and Sam regarding the purchase of the puppy. Brenda testified under questioning by Linda's lawyer that she heard Linda say that she would pay $700 for the puppy and that she also heard Sam say that he would sell the dog for that amount. Unfortunately for Linda, Brenda also testified in response to questioning by Sam's lawyer that Sam distinctly told Linda that he would only sell the puppy to her if Linda came with cash for the puppy within seven days. Linda did not show up with the money for ten days and Sam had already sold the dog to someone else. The judge ruled in favor of Sam. 144 In choosing the jury, the lawyers were engaged in . Voir dire 145 The challenge to the juror who said that they could not be fair is referred to as a[n] . Challenge for cause 146 The challenge to the juror who seemed grumpy is referred to as a[n] . Peremptory challenge 147 The statements made to the jury by the lawyers immediately after the jury was chosen are referred to as . Opening statements 148 The questioning of Brenda by Linda's lawyer is called , and the questioning of Brenda by Sam's lawyer is called . Direct examination; cross-examination 149 The term ADR refers to the resolution of legal disputes through methods other than litigation. True 150 Courts are generally critical and unsupportive of ADR methods. False 151 A person must have a law degree in order to be a mediator. False 152 A person must be a lawyer in order to perform arbitration. False 153 An arbitrator is more likely to issue a compromise decision than a judge. True 154 Med-arb is a type of ADR method. True 155 A summary jury trial leads to a binding jury verdict. False 156 In an early neutral case evaluation, the neutral provides a binding ruling. False 157 Negotiation is a bargaining process in which disputing parties interact informally, but only with lawyers, to attempt to resolve their dispute. False 158 ADR is a process done only in the U.S., not in foreign countries. False 159 The U.S. Constitution establishes a system of government based on the principle of federalism. True 160 Congress has the power to enact legislation, but the president can veto a law that Congress passes. True 161 The U.S. Constitution explicitly allows courts to review legislative and executive actions to determine whether they are constitutional. False 162 The landmark early U.S. Supreme Court case of Marbury v. Madison recognized the right of courts to exercise judicial review in order to determine the constitutionality of laws. True 163 The primary source of authority for federal regulation of business is the First Amendment to the U.S. Constitution. False 164 Federal laws include laws passed by federal administrative agencies. True 165 Congress can use its spending power to achieve social welfare objectives. True 166 The fourteenth amendment is part of the Bill of Rights. False 167 No First Amendment protections apply to corporations. False 168 Not all corporate speech is political speech. True 169 According to the principle of federalism established by the U.S. Constitution, how is the authority to govern allocated? It is divided between federal and state governments. 170 According to the Amendment to the Constitution, all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states. Tenth 171 Why must federal legislation that affects business be based on an expressed constitutional grant of authority? Because the federal government has only those powers granted to it by the Constitution. 172 The U.S. Constitution allocates the power of the federal government among branches of the government. Three 173 What are the three independent branches of the federal government? Legislative, executive, and judicial. 174 How was the process of judicial review established under which courts review legislative and executive actions to determine whether they are constitutional? By early common law 175 Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land? The supremacy clause 176 Which of the following is true regarding laws passed by the U.S. Congress under the authority of the commerce clause? As long as the law affects commerce among the states, or interstate commerce, in some way, the regulation is generally constitutional. "Junk Food." Mary Dogood, a member of the school board in ABC County, is appalled at the amount of junk food in the schools. She convinces the state legislature to pass an ordinance that no stores may sell any unhealthy junk food within 500 feet of any school or day care center. A teacher of political science raises the issue of whether the regulation is valid and is told that it is a valid exercise of the jurisdiction's police power to protect its citizens. Convenience stores balk at the regulation and challenge it in court claiming that the law impermissibly affects interstate commerce. 177 What does the term "police power" reference? The residual powers retained by each state to safeguard the health and welfare of its citizenry. 178 What do courts generally presume regarding laws passed in accordance with states' police power? The laws are valid. 179 Restrictions on states' authority to pass laws that substantially affect interstate commerce are referenced by which of the following? The dormant commerce clause 180 Which of the following was the result in Family Winemakers of California v. Jenkins, the case brought by winemakers from California challenging a Massachusetts law distinguishing between how large and small winemakers could distribute their wines in Massachusetts? That the law impermissibly discriminated against out-of-state winemakers in violation of the Commerce Clause. "Animal Care." Susan, a licensed veterinarian, was recently elected to the U.S. Senate. Susan is very concerned about the lack of care for homeless cats and dogs. She proposes legislation that citizens of all states be taxed sufficiently to provide for no-kill animal shelters that citizens in states with higher than average incomes be taxed at a higher rate than citizens of other states. She also proposed that federal funds for state highways be denied to any state that fails to provide assistance to low income citizens in covering pet vaccinations. Bill, another new senator, tells Susan that, apart from the mandated federal income tax, Congress lacks the authority to tax states because the U.S. Constitution expressly reserves that right to the states. Sam, another senator, tells Susan that Congress has no authority to link highway funds or any other funds with social welfare objectives. Ellen, a clerk in the Senate, tells Susan that Congress is absolutely prohibited from taxing residents of one state at a higher rate than citizens of another state. 181 Which of the following was the result at the U.S. Supreme Court level in United States v. Lopez, the case in which the Court addressed the constitutionality of the Gun- Free School Zone Act? The Court ruled that Congress exceeded its commerce clause authority when it passed the act. 182 Which of the following prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities such as seeking employment? The privileges and immunities clause 183 Which of the following requires that courts in all states uphold contracts and public acts of every state thereby protecting wills, divorce decrees, and judgments in civil courts? The full faith and credit clause 184 Is Bill correct? He is incorrect. The U.S. Constitution contains no such reservation. 185 Which of the following is true regarding Sam's statement? Sam is incorrect 186 Which of the following is true regarding Ellen's statement? Is Correct. 187 The first amendments to the U.S. Constitution are known as the Bill of Rights. Ten 188 Which amendment extends most of the provisions of the Bill of Rights to the states? Fourteenth 189 Which amendment provides that the government cannot infringe on citizens' right to bear arms? Second 190 Which amendment prohibits cruel and unusual punishment? Eighth 191 Today, when the First Amendment is concerned, what does the term "political speech" reference? Speech that occurs when corporations support political candidates. 192 Which of the following is true regarding the protection of "fighting words" under the First Amendment? Fighting words are unprotected speech under the First Amendment. 193 Which amendment protects freedom of religion? First 194 As expressed in the text, which of the following expresses the United Nations declaration on hate speech? The United Nations' declaration states that hate speech is not a protected form of expression. 195 What does the establishment clause of the First Amendment provide? Government cannot make a law establishing a religion. 196 What does the free-exercise clause of the First Amendment provide? Government cannot make a law prohibiting choice in relation to religion. 197 A is a court order that authorizes law enforcement agents to search for or seize items specifically described in the warrant. Search warrant 198 When can government agents obtain a search warrant? When they can establish probable cause. 199 Which amendment protects citizens from unreasonable searches and seizures? Fourth 200 When may government agents search without a search warrant? When law enforcement officials believe it is likely that the items sought will be removed before they can obtain a warrant. 201 Which of the following is an exception to the rule that administrative searches usually require search warrants? The pervasive-regulation exception 202 Which of the following is true regarding the right of the federal government to obtain business books and records? Obtaining books and records from a sole proprietor based only on a subpoena from a grand jury violates the owner's rights against self-incrimination, but seizing records from a sole shareholder of a corporation in that manner does not violate rights against self-incrimination. "Thermal Imaging." Sam was engaged in the criminal activity of growing marijuana in his home using heat lamps in the process. The police randomly selected his street to search for illegal activity. Without any kind of a warrant, they used a thermal imager, an instrument that detects heat emissions, to determine that he was possibly engaged in illegal activity. The police immediately broke down Sam's door, searched his home, and arrested him. The police officer in charge told Sam that he had no right to keep silent and that he might as well confess. Sam proceeded to confess to growing marijuana and a number of other crimes. The judge was so angry with Sam that he threw him in jail for two months without any kind of hearing. Sam's lawyer, who just graduated from law school, is not sure if the police acted legally in Sam's case by using the thermal imager. Sam's lawyer also questions whether Sam had a right to remain silent, and he is concerned that the judge has not granted Sam a hearing. 203 Which of the following is true on the issue of whether the police acted within their rights by using the thermal imager? The police violated Sam's Fourth Amendment rights in using the thermal imager. 204 Which of the following is true on the issue of whether Sam had a right to remain silent? The officer was incorrect, and Sam had the right to remain silent based on his constitutional protection against self- incrimination. 205 Which of the following references rights Sam had in regard to a hearing? Sam's right to procedural due process. 206 Which of the following is true regarding the Fifth Amendment's protection against self-incrimination? A person does not have to be a witness against himself or herself in a criminal case. 207 Which amendment protects against double jeopardy? The Fifth Amendment 208 What does protection against "double jeopardy" mean? The government cannot try a person more than once for the same crime. 209 Which of the following are types of due process? Procedural and substantive 210 Which of the following refers to the basic fairness of laws that may deprive an individual of her life, liberty, or property? Substantive due process 211 What does the Fifth Amendment's takings clause reference? The requirement that the government pay the owner just compensation if the government wants to take private property for public use. 212 Which of the following is true regarding privacy rights? The U.S. Supreme Court has found that U.S. citizens have a right to privacy based upon the U.S. Constitution. 213 If a law prevents individuals from exercising a fundamental right, the law will be subject to . Strict scrutiny 214 If the law's classification scheme is based on gender, the law will be subject to . Intermediate scrutiny 215 Which of the following is true regarding rights of the citizens of Belarus? Citizens accused of crimes are presumed innocent until proven guilty. 216 What did the U.S. Supreme Court rule in South Dakota v. Dole, the case involving the validity of a federal statute granting federal funds for state highways to only those states in which 21 is the legal drinking age? The Court upheld the statute. 217 What was the result at the U.S. Supreme Court level in the Case Opener involving the constitutionality of the "individual mandate" contained within the Affordable Care Act requiring that most Americans obtain minimum essential health insurance contained within the Affordable Care Act? The Supreme Court upheld the "individual mandate" of the Affordable Care Act on the basis that it was a valid exercise of congressional power under the taxing clause. 218 Which of the following was the result at the U.S. Supreme Court level in Christy Brzonkala v. Antonio Morrison, the case in the text involving the constitutionality of the section of the Violence Against Women Act providing for a civil remedy? That Congress lacked authority under the Commerce Clause to pass the section at issue. 219 What was the result at the federal appellate court level in Trunk v. San Diego, the case in the text involving whether the presence of a cross on federal land near a Korean War memorial violated the First Amendment? The court ruled that the presence of the cross violated the First Amendment. 220 Which of the following is true regarding the ability of individual states to collect sales tax on Internet transactions? A state can collect sales tax from a merchant only if the merchant has a store or distribution center in the state. 221 Which of the following best describes the term "comparative law?" It is the study of the legal systems of different states. 222 A reference to laws governing the conduct of states and international organizations and their relationships with one another is . International law 223 Which of the following is true regarding international organizations? The United Nations, the International Monetary Fund, and the International Bank for Reconstruction and Development (World Bank) are all international organizations. 224 Which of the following is an international agreement? A written agreement made between states governed by international law and relating to international subject matter. 225 A company that sends its products to a foreign marketplace for sale has engaged in . Exportation 226 An agent who distributes, represents, or sells goods on behalf of a foreign seller is referred to as a[n] . Foreign sales representative 227 A[n] purchases goods from a seller for resale in a foreign market and actually takes title to the goods assuming the risk of being unable to resell them. Distributor 228 How does ratification of international agreements occur in the U.S.? Through the advice and consent of two-thirds of the Senate after the president submits the agreement for consideration. 229 prohibits U.S. companies from offering or paying bribes to foreign government officials, political parties, and candidates for office for the purpose of obtaining or retaining business. The Foreign Corrupt Practices Act 230 Which of the following is a tax levied on imported goods? Tariff 231 Which of the following is true regarding nontariff barriers? Quotas, embargoes, and indirect barriers are all nontariff barriers. 232 Which of the following is a comprehensive multilateral trading system designed to achieve distortion-free international trade through the minimization of tariffs and removal of artificial barriers? The General Agreement on Tariffs and Trade 233 The facilitates international cooperation in opening markets and provides a forum for future trade negotiations and the settlement of international trade disputes. World Trade Organization 234 principle requires that World Trade Organization member states treat like goods coming from other World Trade Organization member states on an equal basis. The normal trade relations 235 Which of the following is a practice wherein an exporter sells products in a foreign state for less than the price charged for the same or comparable goods in the exporter's home market? Dumping 236 Which of the following is one of the three basic types of subsidies? Actionable subsidy 237 The allows recognized governments of WTO member states to bring an action alleging a violation of the GATT. Dispute settlement understanding 238 Which of the following countries are signatories to the North American Free Trade Agreement? United States, Canada, and Mexico 239 A is a free trade area with the additional feature of a common external tariff on products originating from outside the union. Customs union 240 Many are derived from Roman law. Civil law systems 241 Which of the following is a characteristic of civil law? Civil law systems use a form of system of separation of powers. 242 In the civil law system, which of the following has the primary responsibility for the development of evidence? The judge 243 Which of the following systems originated from the English legal system? Common law 244 Which of the following is literally the "law of merchants?" Lex Mercatoria 245 Which of the following is false regarding the Convention on the International Sale of Goods? The Convention on the International Sale of Goods was adopted in 2000. 246 The Convention on the International Sale of Goods recognizes a concept by which a buyer may give notice to the seller that delivery will be accepted beyond the time prescribed in the contract. That concept is known as . Nachfrist 247 Which of the following references a standard meaning that either the employer or the employee may terminate the employment relationship at any time? Employment-at-will 248 Which of the following is true regarding minimum-wage laws? Australia has a national minimum-wage law. 249 Which of the following prohibits slavery and grants everyone the right to free choice of employment, just and favorable conditions of work, reasonable limitations on working hours, and compensation adequate to provide for the worker's health and that of his or her family? The Universal Declaration of Human Rights of 1948 250 Which of the following refers to the power of a court over persons appearing before it? Personal jurisdiction 251 permits adjudication of any claims against a defendant regardless of whether the claim has anything to do with the forum. General personal jurisdiction 252 Which of the following is a multilateral convention establishing procedures for transnational discovery between private persons in different states? Hague Evidence Convention 253 Which of the following is an international agreement governing the arbitration of private international disputes that has been ratified by the U.S.? The New York Convention 254 is the type of alternative dispute resolution procedure wherein disputes are submitted for resolution to private, nonofficial persons selected in a manner provided by law or the agreement of the parties. Arbitration 255 Which of the following is true regarding the enforceability of foreign judgments in the United States? Foreign judgments are not entitled to full faith and credit, but are only evidence of the justice of the plaintiff's claims. 256 What is the federal minimum wage per hour in the U.S.? $7.25 257 Which of the following is a doctrine that permits courts to decline to exercise jurisdiction where there is a more convenient forum to hear the case? Forum non conveniens 258 What was the result at the U.S. Supreme Court level in Goodyear Dunlop Tires Operations, S.A. v. Brown, involving whether a court in North Carolina could exercise jurisdiction over the defendant tire manufacturer and its subsidiaries who were based in Turkey and France? (The underlying lawsuit involved the deaths of North Carolina residents in France when a bus in which they were riding allegedly overturned due to problems with its tires.) The court ruled that the North Carolina court could not exercise jurisdiction over the defendants. 259 The primary purpose of criminal law is to compensate a victim. False 260 Commission of the offense of grand larceny involves the theft of larger items as opposed to smaller items that can be hidden, for example, in a purse. False 261 Under our criminal laws that exist today, white-collar crime is not punishable by imprisonment. False 262 By broadening the scope of actions covered and the definition of a public official, Congress amended the Foreign Corrupt Practices Act to conform to the antibribery convention adopted by the Organization for Economic Cooperation and Development. True 263 Mail fraud is a federal crime. True 264 Embezzlement is distinguished from larceny because in embezzlement the individual does not take the property from another and is already in possession of the property. True 265 China punishes embezzlement and bank fraud less severely than the U.S. False 266 Under the common law, a corporation could not be considered a criminal because it was not an actual person and, thus, did not have a mind. True 267 Under current law, corporations cannot be held criminally accountable for strict-liability offenses. False 268 A person who is considered an infant under the law cannot be tried as an adult under any circumstances. False 269 The test used to establish one's mental state when insanity is claimed is the same regardless of the jurisdiction involved. False 270 The majority of the U.S. Supreme Court Berghuis v. Thompkins ruled that absent an explicit invocation of the right to remain silent, police may continue to interrogate a suspect, and what the suspect says may be used against him in court. False 271 Tort law is primarily state law. True 272 When it comes to assault, apprehension and fear are considered as the same thing. False 273 Consent, if proven, is a defense to battery. True 274 Defense of property cannot be a defense to a claim of battery. False 275 Subjective opinions are subject to an action for defamation in the same way as statements of alleged fact. False 276 In China, defamation can be a civil or criminal action. True 277 Privilege is an affirmative defense in a defamation action. False 278 If a defamation statement was originally broadcast by a company in the United States and was rebroadcast in the United Kingdom without the consent of the originator of the broadcast, the U.S. company may still be held liable in the United Kingdom court. True 279 The use of moral pressure is insufficient to establish false imprisonment. True 280 Simply offering a better deal is not enough to create liability for intentional interference with contract when only a prospective contract exists. True 281 Which of the following is a tort? A wrong or injury to another, other than a breach of contract. 282 Which of the following is true of the term "tort"? It is a French word meaning "wrong." 283 Which of the following is true regarding tort litigation? Tort litigation has been declining gradually since 1990. 284 Which of the following are common classifications of torts? Intentional, negligent, and strict liability. 285 torts occur when the defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result. Intentional 286 torts occur when the defendant is careless and acts in a way that subjects other people to an unreasonable risk of harm. Negligent 287 torts occur when the defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes. Strict-liability 288 Which of the following is true regarding the intent needed for an intentional tort? The intent at issue is not intent to harm but, rather, is intent to engage in a specific act, which ultimately results in an injury, physical or economic, to another. 289 What did the court rule in regard to the plaintiff's claim of intentional infliction of emotional distress in Olson v. CenturyLink, the case in the text in which the plaintiff alleged that representatives of the defendant, a provider of telephone services, wrongly failed to process his application, disconnected his telephone service, and hung up on him during telephone conversations? That the conduct complained of by the plaintiff failed to meet the level of conduct required for a finding of the intentional infliction of emotional distress. 290 A(n) occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact. Assault 291 Which of the following is true regarding the apprehension necessary for the tort of assault? A person may be in apprehension of physical harm, even if the same person is too courageous to be afraid of that physical harm. 292 Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? Robby's conduct does not constitute an assault because there is no question of immediate bodily harm. 293 Which of the following was the result in Thomas P. Lamb v. Tony Rizzo, the case in the text in which the defending newspaper reporter claimed that he could not be held liable to the plaintiff for making alleged defamatory statements because the plaintiff's reputation as a kidnapper and murderer serving three life sentences was so bad that his reputation could not be further harmed? The court dismissed the lawsuit recognizing that the facts fit within the jurisdiction's description of when the libel-proof doctrine might apply based upon the plaintiff's already bad reputation. 294 Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? Ben has not committed an assault or a battery because he acted in self-defense. 295 Which of the following gives immunity to providers of interactive computer services for liability they might otherwise incur on account of material disseminated by them but created by others? The Communications Decency Act of 1996. 296 Which of the following may a person accused of defamation raise as a defense? Truth and privilege. 297 When a[n] privilege exists, one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim. Absolute 298 Under a conditional privilege, a party will not be held liable for defamation unless the false statement was made . with actual malice 299 Which of the following is true regarding the groups generally considered to be public figures for purposes of the public figure privilege to actions for defamation? Politicians and entertainers, but not small business owners, are generally considered to be public figures. 300 Which of the following would constitute the privacy tort of false light? Attributing characteristics or beliefs to a person that he or she does not possess. 301 Which of the following is true regarding awards of punitive damages in the U.S.? It is not always easy to predict what a court will do in any given case. 302 Without obtaining advance permission, Annie places an unflattering photograph of the president of the college which she attends on folders that she is selling outside of class for extra money. Which of the following is true? Annie has appropriated for commercial gain the photograph which constitutes an invasion of privacy. 303 Which of the following are defenses to an action for libel brought by a public figure in the United Kingdom regarding a statement made in the United Kingdom? That the statements were true, that the statements were made in Parliament, or that the statements were made in court. 304 Bill decides to install two-way mirrors in the dressing room of his ladies' clothing store. He has a habit of watching ladies while they try on clothing. Which of the following has Bill committed? Intrusion on an individual's affairs or seclusion. 305 Which of the following occurs when an individual is confined or restrained against his or her will for an appreciable period of time? False imprisonment. 306 Which of the following would constitute false imprisonment? Threatening to use immediate physical force to detain someone; refusing to release property; and physical restraint, such as tying someone to a chair; but not moral pressure. 307 Which of the following is generally true regarding a storekeeper who detains a suspected shoplifter? When a retailer has a reason to believe that a person is guilty of shoplifting, the store may question the person about said shoplifting in a reasonable manner and for a reasonable length of time. 308 Which of the following occurs when someone engages in outrageous, intentional conduct likely to cause extreme emotional distress to the party toward whom the conduct is directed? Intentional infliction of emotional distress. 309 Which of the following torts seek to compensate people wrongfully subjected to litigation? Malicious prosecution, wrongful civil proceedings, and abuse of process. 310 Jane is unhappy with her neighbor, Sam, because Sam will not allow her to swim in his swimming pool. She tells him that unless he lets her swim in the pool, she will bring an action against him for nuisance because he plays his stereo late at night at times. While the stereo does not bother Jane because she is up late anyway, she thinks that will encourage Sam to let her swim in the pool. Sam, however, continues to refuse to allow Jane to swim in his pool, and Jane proceeds to sue Sam for nuisance. Which of the following is true? Sam can sue Jane for abuse of process and win regardless of whether or not he wins the nuisance action. 311 Under which of the following situations does the tort of trespass to realty occur? When a person intentionally enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; stays on the land of another when the owner tells him to depart; or refuses to remove something he placed on the property that the owner of the property asked him remove. 312 Which of the following is defamation of a business product or service? Disparagement. 313 A false statement of a material fact regarding ownership of business property that results in a loss of sales is referred to as . Slander of title 314 Bob, who has a large trust fund, is angry at Alice because she stopped dating him. Alice ran a successful dog grooming shop but Bob decided to open a dog grooming shop next door solely to run her out of business because he was angry over the break up. Which of the following is correct? Bob has committed the tort of unfair competition. 315 The primary type of damages in tort law is referred to as . Compensatory damages 316 A person who commits a tort is often referred to as a . Tortfeasor 317 Which of the following is not a typical type of compensatory damage? Damages to punish the defendant for wrongdoing. 318 damages are a small amount of money given to recognize that a defendant did indeed commit a tort in a case in which there were no compensable damages suffered by the plaintiff. Nominal 319 damages are damages awarded to punish the defendant and to deter others from similar conduct. Punitive "Pet Police." Millie breeds German Shepherd dogs. Bernard, who lives down the street, took in a stray dog loosely identified as a Corgi-plus. The dog, Casanova, would definitely be classified as a mixed breed. Bernard allowed Casanova to roam freely. Unfortunately, Casanova went to visit Millie's pure-bred German Shepherd. Puppies resulted which were Shepherd and Corgi-plus puppies. Millie was incensed. She started a campaign to round up all of the stray dogs, including Casanova, and haul them off to the animal shelter. She picked up a few cats as well. She posted signs all over the neighborhood saying that no animal, neither dog, cat, nor fowl, should come into her yard and that she was going to begin shooting the next time, period. Understandably, Bernard and some of the other neighbors took offense. Bernard comes to Millie's house while she is working in the yard. He walks behind her and shoves her. Millie did not see him coming. Millie turned around and proceeded to have a heated conversation with Bernard. Millie drew her fist back and told Bernard that she was going to punch him in the nose. Millie raised back her arm and started to punch Bernard but he stepped back, and all she managed to do was jab him in the shoulder, causing no actual pain. Sally, who was going by on the street, saw Millie attempting to hit Bernard. Sally came over and grabbed Millie's hands, pinning Millie's hands behind her back. 320 Considering Bernard's shoving of Millie in the back, which of the following is true? By shoving her in the back, Bernard committed a battery. 321 Millie's threat to punch Bernard in the nose and her action in raising back her arm in support constitute a[n] . Assault 322 Millie's action in jabbing Bernard after she missed his nose, constitutes which of the following? Battery. 323 Which of the following is true regarding Sally's actions toward Millie? Sally did not commit any offense because she was acting in the defense of Bernard. "Feuding Neighbors." Annette, who is angry because her neighbor, William, allows his dog to chase her cat, decides to get even. She moves a number of farm animals into her backyard and begins playing music at all hours of the night. She also steals a nice lawn chair off of William's deck. She intends to keep the chair and not give it back. Annette further took a rake off of William's deck that she plans to return after she finishes raking her leaves. William did not give her permission to take the rake or the chair. William is not happy about the farm animals and the loud music.324 The defamation printed in the school newspaper would be which of the following? Libel but not slander. 325 As far as the editorial is concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because she cannot show loss of income? Maryann is incorrect because general damages would be presumed. 326 Statements made by Maryann to her friends that were defamatory of Candy are what type of defamation? Slander but not libel. 327 As far as the statements made to her friends are concerned, which of the following is true in regards to Maryann's statement that Candy cannot recover because Candy has not suffered a loss of income? Maryann is incorrect because her statements constituted slander per se. 328 Which of the following would be the most appropriate cause of action, if any, against Annette based upon the farm animals and the music? Private nuisance. 329 What claim would William have against Annette for taking the lawn chair? Conversion. 330 What action would William have against Annette for taking the rake? Trespass to property. 331 List the three objectives of tort law and discuss whether you believe that additional tort reform should occur. Torts laws objectives are to provide compensation to injured parties, it also keeps order by discourgaging retaliation from private injured parties and friends, and the last objective is to give citizens a sense that they live in a just society. 332 Discuss what is needed in order to establis