biz law back test
Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under a. the doctrine of ipsa loquitur b. no circumstances c. an applicable Good Samaritan statute d. The "danger invites rescue" doctrine
an applicable Good Samaritan statute
ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider a. Erna's intended use for the phone. b. DefDeals' method of accounting. c. ClearCall's quality control efforts. d. an available alternative design.
an available alternative design
8th Amendment
excessive bail, cruel and unusual punishment
Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of a. all risks b. obvious risks c. foreseeable risks d. no risks
foreseeable risks
Leah gains access to government records and alters certain dates and amounts in her favor. This is a. no crime b. forgery c. embezzlement d. larceny
forgery
Lipstick, Inc. makes cosmetics. Lipstick intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling. Mikayla buys a Lipstik product and suffers and injury. Lipstik is most likely liable for a. fraud b. puffery c. product misuse d. privity
fraud
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to a. Jamie and Kaley. b. no one. c. Kaley only. d. Jamie only.
Jamie and Kaley
3rd Amendment
No quartering of soldiers
4th Amendment
No unreasonable searches and seizures
A contract may include a clause stating that damages will be limited to a maximum amount. a. True b. False
True
A licensor might grant a license allowing a trademark to be used as part of a domain name a. True b. False
True
An intended beneficiary can sue directly to enforce a promisor's promise a. True b. False
True
Corporations can be perceived as owing ethical duties a. True b. False
True
Crimes occurring in a business context are popularly referred to as white-collar crime a. True b. False
True
Duty-based ethical standards very often come from religious precepts or through philosophical reasoning a. True b. False
True
If a voidable contract is ratified, the parties must fully perform their respective legal obligations. a. True b. False
True
Most contracts need to be performed only to the satisfaction of a reasonable person unless they ex pressly state otherwise a. True b. False
True
The First Amendment protects commercial speech more extensively than noncommercial speech a. True b. False
True
The role of the courts is to interpret and apply the laws a. True b. False
True
The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases. a. True b. False
True
Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject a. True b. False
True
to maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation a. True b. False
True
BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is a. Fair use b. trademark infringement c. trademark dilution d. a license
a license
The Consumer Product Safety Commission is a government agency that issues rules, orders, and decisions. The Colorado state legislature enacts statutes. The Washington County Board and the Silver City Council enact ordinances, Administrative law includes a. the rules, orders, and decisions of the Consumer Product Safety Commission b. ordinances enacted by the Washington County Board and the Silver City Council c. all laws that affect a business's operation d. statutes enacted by the Colorado state Legislation
all laws that affect a business's operation
John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on a. how extensively John markets his line of clothing. b. the market for John's line of clothing. c. the number of clothing sales John makes. d. all of the choices are correct.
all of the choices are correct
Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. parties' subjective motives for engaging in litigation b. statutes enacted by legislatures c. constitutional provisions d. regulations created by administrative agencies
regulations created by administrative agencies
Drake enters into a contract with Eve, who claims to have access to a stock-trading algorithm that will multiply an investment many times over. When the results do not match this promise, Drake learns that Eve does not have access to any unique software and files a suit against her, alleging fraud. Proof of an injury is required to a. recover damages b. undo Eve's influence c. punish the defendant d. rescind the contract
rescind the contract
5th Amendment
right against self-incrimination
Maura enters a convenience store and points a gun at the clerk Nate. She forces Nate to open the cash register and give her all the money. Maura will most likely be charged with a. robbery b. burglary c. larceny d. receiving stolen property
robbery
Rosalind, a seventeen-year-old, signs a contract to sell her car to Street Fleet Used Cars. The next day, Rosalind tells Street Fleet that she's decided not to sell the car. Rosalind is liable to Street Fleet for a. the amount of its profit on the deal b. nothing c. the value of her performance under the contract d. the cost of a car of comparable value
the cost of a car of comparable value
7th Amendment
trial by jury in civil cases
Sam, the chief accounting officer of Texas Fencing Corporation, wants to be sure that all the company's accounts are legal and ethical. He is unsure exactly what is legal and what is illegal, Sam should a. not worry about what is legal or illegal as long as it benefits the directors of the corporation b. not worry about what is legal or illegal as long as it benefits the shareholders c. try his best to not do anything illegal and keep documentation showing that he always acts in good faith d. Not worry about what is legal or illegal as long as the corporate officers benefit in the short run
try his best to not do anything illegal and keep documentation showing that he always acts in good faith
Mallory promises to buy illegal digital copies of movies from Nick, who promises to deliver on October 31. These promises are most likely a. valid b. enforceable c. voidable d. void
void
Lucas is a corporate officer for Micro Manufacturing Company. Ethical dilemmas that Lucas is not likely to encounter include deciding a. what to tell a reporter about the recent drop in corporate stock prices when the drop was due to mistakes made internally b. whether to report internal misconduct to a government agency c. whether to lay off employees or take a loss in corporate profits d. whether to provide federally mandated family medical leave to employees
whether to provide federally mandated family medical leave to employees
File-sharing software can be used to download others' copyrighted property without liability for any infringement a. True b. False
False
Much of the material on the Internet, including software and database information, is not copyrighted a. True b. False
False
A defamatory statement must be communicated to a third party to be actionable a. True b. False
False
A patent and a copyright are examples of intellectual property, but a trademark is not. a. True b. False
False
A statement of opinion is generally subject to a claim of fraud a. True b. False
False
A trade name cannot be protected if it is unusual a. True b. False
False
Before a trial, the plaintiff can file a motion to dismiss a. True b. False
False
Ethics is clearly defined as the law a. True b. False
False
Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that a. Destiny's statement on the facts is not true b. Destiny did not state a claim for which relief can be granted c. Destiny's statement of the law is not true d. Enzo suffered greater harm than Destin
Destiny's statement on the facts is not true
A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark a. True b. False
False
9th Amendment
People get rights not listed in Constitution.
Owen files a suit against Perry. If Perry fails to respond a. Owen will not be awarded a remedy b. Perry's failure to respond will be considered a denial c. Owen must appeal the case to a different court d. Perry will have a default judgement entered against him
Perry will have a default judgement entered against him
10th Amendment
Powers not listed reserved to the states or the people
2nd Amendment
Right to bear arms
6th Amendment
Rights of accused persons, e.g., right to a speedy and public trial.
Skip is accused of a crime. Skip can refuse to provide information about his alleged criminal activities a. if the police do not promise to keep the information confidential b. if he suspects the information will be used to prosecute him c. if the information is "fruit of poisonous tree." d. under no circumstances
if he suspects the information will be used to prosecute him
Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of a. puffery b. fact c. opinion d. illusion
illusion
Edith works for Fast Trades, inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith, in stealing her employer's computer program to start up her own competing business commits: a. robbery b. larceny c. no crime d. obtaining goods by false pretenses
larceny
Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by a. any third party, such as a HVAC suppliers provider b. Banyan Grove c. Air Flo d. none of the choices
none of the choices
Edward and First Star Company enters into a oral contract under which Edward agrees to provide delivery service for First Star for nine months. The contract is enforceable by a. none of the choices b. either Edward or First Star c. any interested third party, such as a First Star customer
none of the choices