BAD 2413 Midterm Review

A citation is a regulation enacted by a city or county legislative body.

False

A defendant cannot be liable for negligence unless he or she intended to harm the plaintiff.

False

A defendant cannot be liable in an intentional tort action if he or she did not intend to cause harm to the plaintiff.

False

A party does not need to have legitimate grounds to appeal a trial court's decision.

False

Even if it conflicts with the U.S. Constitution, a state constitution is supreme within that states' borders.

False

False imprisonment occurs only when a person justifiably restrains another.

False

The U.S. Constitution divides powers among four branches of government.

False

Duty-based ethics is based in the idea that every business has certain duties to others.

True

Electronic discovery can reveal significant facts that are not discoverable by other means.

True

Failure to preserve electronic evidence sought by the opposing party in a case can force a company to agree to a settlement that is not in the firm's best interest.

True

Foreseeability is the test for proximate cause.

True

Intentional physical contact with another is not a battery unless the contact is unexcused, harmful, or offensive.

True

International law derives from a variety of sources, including the laws of individual nations.

True

It can be difficult to predict with certainty how a court will apply a given law to a particular action.

True

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction.

True

The common law is a body of law developed from judicial decisions.

True

Ordering a party to perform what was promised is

an equitable remedy.

An injunction is

an order to do or to refrain from doing a certain act.

Secondary sources of law include

legal scholars' research.

Dom burns a U.S. flag in his backyard. He films the activity and posts the video on YouTube.com. Dom's conduct is most likely

protected by the First Amendment.

A false statement made with actual malice can constitute defamation, unless the statement is about a public figure.

False

A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.

False

A person who wrongfully hurts another's good name or reputation orally may be liable for libel.

False

A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree.

False

A resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason.

False

A statute is a secondary source of law.

False

Administrative law plays a relatively insignificant role in the regulatory environment of business.

False

An employer can use his or her power and control to engage in an intentional pattern of outrageous abuse against an employee without potential tort liability.

False

Because courts of law and equity have merged, the principles of equity are no longer applied.

False

Because it may be unclear how a court will interpret and apply a law, companies can ensure decisions are viewed as ethical by documenting their own interpretation of the law.

False

Because social media is so widespread, it is legal and ethical for a company to have social media policies limiting employees from criticizing the company.

False

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

False

Congress does not pass laws based on ethics.

False

Federal agency regulations do not take precedence over conflicting state regulations.

False

If a restriction imposed on speech by the government is content neutral, then a court will not allow it.

False

In a criminal case, the object is to obtain a remedy.

False

In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

False

In situations involving fundamental rights, a law that rationally relates to a legitimate government end will be struck down.

False

Independent regulatory agencies are not subject to the authority of the president.

False

Judging a job applicant based on what an online search reveals about the applicant's activities outside the workplace universally is viewed as ethical.

False

Making ethical decisions is most often best done by analyzing objective standards (such as profit or number of people fired) instead of subjective impacts on stakeholders.

False

Nonverbal expression of belief is not a constitutionally protected form of expression.

False

Only the United States Supreme Court exercises the power of judicial review.

False

Outcome-based ethics deals with traditional standards of behavior.

False

Privacy rights receive no protection under federal law.

False

Pro se representation refers to the attorneys that parties hire to represent them in court.

False

Procedural due process focuses on the content of legislation.

False

Publication of false information about another's property is not a tort.

False

Substantive due process requires that a person have an opportunity to object to a proposed action before a fair, neutral decision maker.

False

The commerce clause has had no greater impact on business than any other provision in the Constitution.

False

The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm.

False

To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory.

False

To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.

False

Under the "stakeholder view," no group ever has a greater stake in company decisions than the shareholders do.

False

When profit maximization is the goal, a company does not benefit from ethical behavior.

False

When there is a direct conflict between a federal law and a state law, both laws are rendered invalid.

False

With respect to the study of jurisprudence, there is only one school of legal thought.

False

Without a jury, there is no one to determine the truth of the facts alleged in a case.

False

Faro picks up an empty gas can on Gas Station's property and throws it at Heylie, but misses and hits Izzy instead. For the tort of battery, Izzy can sue

Faro.

Grain Farm Inc. files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Harvest was notified of the suit.

A defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses.

True

A false statement about a person's business can give rise to liability for defamation.

True

A motion for summary judgment can assert that the plaintiff failed to state a claim for which the court can grant relief.

True

A wrongful action that interferes with a person's legal right to personal property can support a tort action in trespass.

True

An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.

True

Any time one party's allegedly wrongful conduct causes injury to another, an action may arise under the law of torts.

True

Because the Internet is international in scope, it raises international jurisdictional issues.

True

Company codes of conduct outline company policies on particular issues and how employees are expected to act.

True

Corporations enjoy many of the same rights and privileges as natural persons do.

True

Laws would have no discernible meaning without the courts to interpret them.

True

Multinational corporations agreeing to resolve a dispute through a formal hearing before a panel of experts is a method of alternative dispute resolution.

True

One of the most important ways to maintain an ethical workplace is for management to set standards and expectations for ethical behavior.

True

Only if a state legislature adopts a uniform law does that law become part of the statutory law of that state.

True

Picking a jury is an important aspect of litigation strategy.

True

Rescission is the cancellation of a contractual obligation.

True

The first step in making an ethical decision is to understand the problem.

True

The legal rules that control a business's actions reflect past and current thinking about how similar businesses should and should not act.

True

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches.

True

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

True

Under the full faith and credit clause, any judicial decision in one state with respect to contract rights will be honored and enforced in all states.

True

When someone suffers injury because of another's failure to live up to a required duty of care, negligence occurs.

True

In deciding a case of first impression, appropriate sources for a court to consider include all of the following except

a poll of those present in the courtroom at the time of the decision.

Marin files a suit against Nagle over payment due on a lease of grazing land. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Marin v. Nagle, the appellate court upholds the lower court's verdict. The appellate court has

affirmed the case.

In Peyton v. Quality Motors, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Rikki v. Street Deals, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to

allow the minor to cancel the contract.

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest

and goes no further than necessary to achieve its objective.

In a suit to compel arbitration, a court will order a dispute to be arbitrated if

both parties consented to it.

Metro City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Niles wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Niles's suit against the city, a court would likely hold the ordinance to be

constitutional under the First Amendment.

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

conversion.

Under the U.S. Constitution, Congress has the power to regulate

every commercial enterprise in the United States.

Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan's paperwork, he is held in jail for a month. The police are most likely liable for

false imprisonment.

State trial courts that are called county, district, superior, or circuit courts are most likely to have

general jurisdiction.

In the pretrial phase of litigation between Frozen Foods Company and Gourmet Kitchens Inc., the plaintiff directs to an interrogatory to the defendant. In Gourmet's response, the defendant in good faith can

give away as little information as possible.

Data Inc. adheres strictly to the goal of maximizing profits. Data will benefit from ethical behavior

if customer service is good.

"Be honest and treat people fairly." In regard to business ethics, implementing this motto is

important in all circumstances.

Recreation Corporation files a suit against Spring Break Tours Inc. and seeks to examine certain documents in the defendant's possession. A legitimate reason for this examination is that the documents contain

information that is relevant to the case.

In Lake Company's suit against Marina Inc., the jury returns a verdict in the plaintiff's favor. The defendant files a motion stating that even if the evidence is viewed in the light most favorable to the plaintiff, a reasonable jury should not have found in its favor. This is a motion for

judgment n.o.v.

Two businesses—Berry Farms LLC and Canned Jams Inc.—dispute the quality of goods delivered by the seller and the price agreed to by the buyer. With regard to this dispute, the two parties can

litigate it. resolve it through an alternative method, such as arbitration. settle it between themselves. any of the choices.

Petro Ltd. files a suit in a state court against Quality Gas. Before the trial, Petro requests from Quality relevant information stored electronically. In contrast to traditional discovery, this request can legitimately reveal

metadata.

At one time, a court of law could grant as a remedy only

monetary damages.

Ethics focuses on how persons making business decisions apply

moral principles.

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is

none of the choices.

Peoples Rights Organization (PRO), a political lobbying group, wants a certain policy enacted into law. If PRO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by

none of the choices.

Margo is harmed when Nell defames her. If Margo brings a successful tort action against Nell, she may be awarded general damages to compensate him for

nonmonetary aspects of the harm suffered, such as loss of reputation.

Franco files a suit in a federal district court against Greta. Franco loses the suit, appeals to the U.S. Court of Appeals for the Ninth Circuit, and loses again. Franco asks the United States Supreme Court to hear the case. The Court is

not required to hear the case.

In a civil case, the object is to

obtain a remedy to compensate the injured party.

During the trial of a suit concerning liability for an accident involving Cartage Ltd. and Docking Inc., the plaintiff's attorney presents evidence from Emma, a commercial accident reconstruction specialist. With respect to the evidence in the case that falls within Emma's field, she can

offer her opinions and conclusions.

Erol works for Food Packing Company. Erol's supervisor Gwen writes a negative review of Erol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense

privilege.

Mia claims that a North Carolina state statute infringes on her "procedural due process" rights. This claim focuses on

procedures used in making decisions to take life, liberty, or property.

When making decisions that are ethical under either profit maximization or corporate citizenship theories, a business should include all of the following steps except

publicize the options you rejected with your reasons.

Once a court has applied a principle to a certain set of facts, that principle must be applied in future cases involving

similar facts.

In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

slander.

Laws enacted by legislative bodies at any level of government make up the body of law generally referred to as

statutory law.

Basil and other managers employed by Creosote Company are most likely to find that unethical behavior in the workplace can be deterred by

taking immediate action in response to unethical conduct.

Ty, a citizen of Utah, files a suit in a Utah state court against Vancouver Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

the case is being heard for the first time.

The National Association of Manufacturers (NAM) announces a new industry code of ethics. The effectiveness of this code will be determined by

the commitment of NAM's members to enforcing the code.

Carly files a complaint against Delivery Corporation, charging that she has not been paid and wants to recover the unpaid amount, plus interest. The complaint and a summons will most likely be served on

the corporation's registered agent.

Each court has a jurisdiction. Jurisdiction is best defined as

the geographic area in which a court has the power to apply the law.

Compliance with the law is not always sufficient to determine "right" behavior because

the law does not codify all ethical requirements.

With respect to what society will tolerate, a company's compliance with the law, and no more, is

the lowest ethical level.

Radiant Supply wants to initiate a suit against Solar Power LLC by filing a complaint. The complaint should include a statement of the facts necessary to show that

the plaintiff is legally entitled to a remedy.

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is

the plaintiff.

To successfully apply the concept of corporate social responsibility, the key factor is

the relation of a social activity to a corporate business activity.

Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes

the risk of being injured in a crash.

After a dinner at Rosa's Restaurant, So believes that he was overcharged and shoves Tell, the waiter, who is injured when he falls. Tell sues So, alleging that the shove was a battery. So is liable if

the shove was offensive.

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

the state provision will not be enforced.