Test Bank for Business Law and the Legal Environment, Version 3.0 by Don Mayer Latest Edition

Test Bank for Business Law and the Legal Environment, Version 3.0 by Don Mayer Latest Edition Martin obtained a favorable judgment over Gina on Judge Joe Brown's TV abitration show. That decision can be appealed to a judge. True or False - False Match the example with the constitutional clause that most likely applies: __The federal government forces Jerry to sell part of his property to the state so that a city can build a public golf course on the land __Congress passes a law that adds a small tax to any online transaction for purchases made from other countries. __Congress passes a law that the Environmental Protection Agency will exclusively regulate exhaust coming from diesel gas-powered trucks so that no state will be able to regulate the area. __The Internal Revenue Service fines a company $1 million without providing the company an opportunity to respond to any charges first. __New Hampshire voters pass a law that out-of-state drivers must apply for a Pennsylvania drivers license before driving a vehicle within its state borders. Answer choices: A) The takings Clause B) The Full Faith and Credit Clause C) The Commerce Clause D) The Supremacy - 1. The Takings Clause 2. The commerce clause 3. The supremacy Clause 4. Due Process clause 5. The Full Faith and Credit Clause Below are courts in a typical state court system. Order the courts from 1 to 4 starting with the highest court working down to the lowest court. - 1. United States Supreme Court 2. State Supreme Court 3. Courts of appeals 4. Trial Courts Choose all of the following that apply only to criminal court and not to civil court. -Case must be proven by a preponderance of the evidence -Defendant can be punished with jail or probation -Jury decision must be unanimous -Defendant must enter a plea of guilty, not guilty, or nolo contendere -Case must be proven beyond a reasonable doubt -Defendant can appeal an adverse decision -Defendant can be punished with paying for compensatory damages -Case is initiated by a formal complaint - -Defendant can be punished with jail or probation -Jury decision must be unanimous -Defendant must enter a plea of guilty, not guilty, or nolo contendere -Case must be proven beyond a reasonable doubt Terry installed a pool drain in a swimming pool that did not meet the requirements of the national Pool and Spa Safety Act. Subsequently, the owner of the pool lost a finger that got stuck in the drain. Terry is liable for negligence per se. True or False - True Buzz sued Peachtree Coffee in the state of Georgia for negligence after he burned himself severely drinking a cup of the defendant's coffee. The jury agreed with Buzz that Peachtree's coffee was too hot for normal human consumption; however, the jury found that Buzz was 50% at fault for negligently carrying his coffee by putting it in a pocket holder of his backpack. The jury awarded Buzz $100,000 in compensatory damages to cover the cost of his recovery. The jury decided against awarding punitive damages. How much is Buzz entitled to recover from the defendant? Answers: $0 $10,000 $50,000 $100,000 There is not enough information to answer this question. - $0.00 In November 2012, the citizens of the state of Colorado voted to pass an amendment to the state constitution that permits individuals aged 21 and older to use marijuana recreationally, under certain limits. However, in 1970, Congress passed the Controlled Substances Act, which outlaws the recreational use of marijuana, along with other drugs. If challenged in court, which of the following areas of the Constitution will likely apply? Answers: The Fifth Amendment The Fourteenth Amendment The First Amendment The Supremacy Clause The Takings Clause - The Supremacy Clause Martin was involved an a serious car accident. The medical services that arrived found Martin unconscious. He was rushed to the hospital where doctors decided to induce him into a coma to save his life. Thanks to the work of the staff, Martin survived and eventually was brought out of his coma. He war released from the coma a few weeks after. The hospital eventually sent Martin a hefty bill for their services. Martin's insurance only covered a little more than half the legitimate hospital charges. Is Martin legally responsible for the remaining charges? Answers: -Yes because an express contract was created. -Yes because an implied contract was created. -Yes because a quasi-contract was created. -No because no contract was created. -There is not enough information to answer this question. - -Yes because a quasi-contract was created. Imagine that Toyota issues recall of all of one of their new sport utility vehicles because the vehicles have the tendency to roll over during high speed turns. Which of the following is the most likely reason? Answers: -The product was defective in its design -The product was defective in its manufacture - The product was defective in its design . Match the examples with the appropriate jurisdictional issue. __Ken sues on behalf of Barbie because Barbie does not want to spend the time on a lawsuit __Barbie defrauds Ken in the state of Florida. Ken sues Barbie in California. __Barbie wants to sue Ken in the state of Nevada over a gambling debt. Barbie personally serves a summons for the lawsuit while Ken is vacationing in Las Vegas, far from his home in Kansas. --Ken obtains a favorable judgment over Barbie in the state of New Jersey. The jury awards Ken $250,000. Barbie has refused to pay the amount, so Ken sues Barbie in her home state of South Carolina with the hopes that a court will award Barbie's $250,000 home to Ken to settle the legal debt. Answers: Quasi in rem jurisdiction Venue Standing In personam jurisdiction - 1.) Standing 2.) Venue 3.) In personam jurisdiction 4.) Quasi in re jurisdication Assume the statements below are untrue. Then match each false statement with the most appropriate tort. __Karen sends this tweet: "@DonkeyCoffee employees pee in the tea. Don't go there!" __Juan stands outside of Chipotle, yelling "The manager of this store beats his wife!" __Joe tells Stacy that Pawpurr's discriminates against their Black employees by paying them less. __The Athens News runs a story alleging that Buffalo Wild Wings uses horse meat in their hamburgers. Answers: Food disparagement Slander per se Libel Slander - 1.) Libel 2.) Slander per se 3.) Slander 4.) Food Disparagement Rufus sued Donkey Coffee in the state of Ohio for negligence after he burned himself severely drinking a cup of the defendant's coffee. The jury agreed with Rufus that Donkey's coffee was too hot for normal human consumption; however, the jury found that Rufus was 50% at fault for negligently carrying his coffee by putting it in a pocket holder of his backpack. The jury awarded Rufus $100,000 in compensatory damages to cover the cost of his recovery. The jury decided against awarding punitive damages. How much is Rufus entitled to recover from the defendant? Answers: $0