BLAW Final TF
A closed shop is a workplace that rejects union membership as a condition of employment
F
A contract is always enforceable even if one party is aware that the other party made a mistake of fact
F
A corporation is a legal entity created and recognized by federal law
F
A court cannot exercise jurisdiction over an out-of-state defendant who has only done business in the state over the Internet
F
A forum-selection clause in a contract designates which nation's law will be applied to any dispute
F
A judge's function is to make the law
F
A kickback for a special favor or service is not considered a bribe
F
A misdemeanor is a crime punishable only by a fine
F
A profit is the right to make limited use of another person's real property without taking anything from the property
F
A state cannot regulate the overall appearance of a community
F
A trial commences with the plaintiff's attorney's direct examination of the first witness
F
Acts of a purported agent in and of themselves can create an agency by estoppel
F
After every strike, strikers have a right to return to their jobs
F
An act that causes indignity is sufficient to recover for the infliction of emotional distress
F
An agent's authority to act on behalf of a principal must be actual and apparent
F
An assignment of the interest of a limited partner dissolves a limited partnership
F
An employer must verify a prospective worker's eligibility for employment in the United States and abroad
F
Any employee who works more than eight hours per day must be paid overtime
F
Assisted negotiation describes proceedings for minors and other parties who lack contractual "capacity"
F
Borrowers are required to recite the terms of their loans in clear, readily understandable language so that lenders can make rational choices
F
Compensatory damages are foreseeable damages that arise from a party's breach of a contract
F
Damages are designed to punish a breaching party and deter others from similar conduct
F
Federal courts are superior to state courts
F
Federal courts have jurisdiction over any case involving citizens of different states regardless of the amount in controversy
F
If a contractual promise is not fulfilled, the person who made it is not subject to the sanctions of a court
F
If an investigation reveals a suspected violation of an administration rule, the agency can not issue a formal against the suspected violator
F
If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation
F
In a judicial foreclosure, the lender is allowed to foreclose on and sell the property without judicial supervision
F
In a sole proprietorship, the proprietor shares the burden of any losses or liabilities incurred by the business enterprise with the government
F
In contract law, "consideration" refers to the courtesy that one party shows another in negotiating a deal
F
International copyright protection is automatic - even in nations that have not signed international agreements relating to intellectual property rights
F
It is not identity theft to use a fabricated identity to access financial resources online
F
Most contracts need to be performed to personally satisfy the party to whom performance is owed
F
Most cyber crimes are "new" crimes
F
No offer may be revoked before it is accepted
F
No state has adopted the Uniform Commercial Code in its entirety
F
Only a limited partnership's limited partners have a fiduciary obligation to the other partners
F
Ordinarily, "ignorance of the law is an excuse," or a valid defense to criminal liability
F
Pretrial mediation is never mandatory
F
Statutory law does not include county ordinances
F
The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request
F
The taxing and spending clause of the U.S. Constitution has had a greater impact on business than an other clause in the Constitution
F
Under their police powers, states can regulate only public activities, such as political demonstrations
F
Uniform laws apply in all states, including those in which the laws have not been adopted
F
When a contract party alters a written contract, the other party must adapt his or her performance accordingly
F
A franchise is a contractual agreement
T
A holding company is a company whose business activity consists of holding shares in another company
T
A limited liability company (LLC) formed in one state but doing business in another state is referred to in the second state as a foreign LLC
T
A public policy underlying the imposition of strict product liability is that consumers should be protected against unsafe products
T
A reference to "28 U.S.C. Section 1332" means that the statute can be found in section 1332 of title 28 of the United States Code
T
A unilateral is a promise for an act
T
An employer's refusal to bargain over certain subjects demonstrates a lack of good faith
T
An unauthorized scan of a bank account can be an invasion of privacy
T
Any crime that requires knowledge of computer technology for its investigation is a computer crime
T
Final administrative rules have binding legal effect unless the courts later overturn them
T
Forcing someone to enter into a contract through fear created by threats is duress
T
If a discovery request involves confidential business information, the scope of the request can be limited
T
If a homeowner defaults, the lender has the right to foreclose on the mortgaged property
T
If property is owned as community property, a spouse owns an undivided one-half interest in it
T
In most states, employers who show an ability to pay claims do not need to buy workers' compensation insurance
T
Laws governing franchising are designed in part to prevent franchisors from terminating franchises without good cause
T
Many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action
T
Misrepresentation of a material fact can occur through conduct alone
T
Normally, if employees are informed that their communications are being monitored, they cannot expect those communications to be private
T
Ratification occurs when a principal accepts responsibility for an agent's unauthorized act
T
Some states require franchisors to provide presale disclosures to prospective franchisees
T
The First Amendment does not protect commercial speech as extensively as noncommercial speech
T
The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power
T
The degree of care to be exercised in a situation can vary with a person's profession or occupation
T
The duration of a franchise is a matter to be determined between the parties
T
The establishment clause of the U.S. Constitution prohibits the federal government from promoting a religion
T
The goal of mediation is to work out a resolution that benefits both sides
T
Theft of confidential data by industrial esponiage is a theft of trade secrets
T
To succeed in a strict product liability suit, an injured plaintiff must be more than a mere bystander
T
Tortfeasor is the term for a person who commits a tort
T