Bus Law

In the Heart of Atlanta v. U.S. case, which of the following best describes the remedy in the case?

Equitable remedy- Permanent Injunction

Rodrick, the chief executive officer of Social post Host Inc., claims that certain actions by the state of Texas infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

Federal and state actions

In Research & Development Company's suit against Structural Engineers, Inc, Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that

establishes the degree of probability of a fact or action, tends to disprove a fact in question, tends to prove a fact in question

Location! Realty LLC, is a LLC. Like other LLCs, for federal jurisdictional purposes, Location! Realty is most likely a citizen of

every state in which its members are citizens

Global Trade Corporation is a public company that is poised to issue securities that do not qualify for an exemption from registration. This means that Global Trade must

file a registration statement with the SEC

Juan is a judge. How Juan and the judges in other courts interpret a particular statute determines

how that statute will be applied

In the Heart of Atlanta Motel Inc. v U.S. case, what was the Court's final decision?

Affirm

Brewster, the chief executive officer of Cog & Gear Lubricants Corporation wants to ensure that Cog & Gear's activities are legal and ethical. The best course for Brewster and Cog & Gear is to act

In good faith

Martin files a suit against Nichelle in a state court over payment due on a short-term employment contract. The case proceeds to trail, after which the court renders a verdict. The case is appealed to an appellate court. 1. Refer to Fact Pattern 3-B2. After its review of Martin vs. Nichelle, the appellate court has

Affirmed the case

To prepare for trail between SmartPhones Inc., and TechApps Company, TechApps' attorney places SmartPhones' chief executives officer (CEO) under oath. A court official makes a record of the attorney's questions and the CEO's answers. This is

A deposition

Lowell runs Medical Debt Collection Agency. He collects debts by misrepresenting the facts and pretending to be licensed to perform carious occupations. Lowell's conduct most likely warrants

An injunction plus other sanctions

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions conducted via the Internet is referred to by the term

Cyberlaw

The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress...

Enacts the laws

Fresh Fruit Company has assets of less that $10 million and fewer than fifty shareholders. Gourmand Pastries, Inc., has assets of more than $50 million and more than five hundred shareholders. The Securities Exchange Act of 1934 applies to

Gourmand Pastries only

As a judge in a federal court, Christine can decide, among other things, whether the laws of actions of the executive and legislative branches are constitutional. The process for making this determination is known as

Judicial review

Taco Hot Dogs, Inc., regulary advertises its products. Under the First Amendment, in comparison with noncommercial sppech, the protection given these ads is

Less extensive

The Montana Supreme Court rules against Natural Grocery Mart in a case against One Stop 2 Shop Stores Inc. Natural Grocery Store files an appeal with the Unites States Supreme Court. The court does not hear the case. This

Means that the Montana court's decision is the law Montana

The least expensive method of resolving a dispute between Ronald and Sharon may be

Negotiation because no third parties are needed

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

None of the time

Jon, a law enforcement official, monitors Kelsey's Internet activities- e-mail and Web site visits- to gain access to her personal financial data and student information. This may violate Kelsey's right to

Privacy

In the Clay v. U.S. case, what was the Court's decision?

Reversed

In studying the business law, students also review ethics in a business context. Ethics includes the study of what constitutes

Right or wrong behavior

OnSpec, Inc., and its officers, directors, and shareholders, buy and sell securities. Section 16(b) of the Securities Exchange Act of 1934 covers purchases and sales of securities involving

Short-swing profits

In the Clay v. U.S. case, the Court's use of Sicurella v. U.S. is an example of

Stare Decisis

In the Clay v. U.S. case, the Court's use of "62 Stat. 622, as amended, 50 U.S.C.App. 462(a). (1964 ed., Supp. V)" is an example of

Statutory Law

Coffee Klatch Party Group, a political organization, files a claim to challenge a Delaware statue that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

Substantive due process

Mariah creates a t-shirt design that expresses support for Nathan, a presidential candidate, and distributes t-shirts imprinted with the design to her friends. The t-shirts are an example of

Symbolic speech

In the Clay v. U.S. case, which constitutional provision formed the basis of the Court's decision?

The 1st Amendment

In the Heart of Atlanta Motel Inc. v. U.S case, which constitutional provision formed the basis of the Court's decision?

The Commerce Clause

A decision by the federal Environmental Protection Agency (EPA) on the amount of carbon that can be emitted from a car's exhaust system conflicts with a California state law. In this situation, under the supremacy clause,

The EPA's decision takes precendence

Much of American law is based on

The English legal system

In the Heart of Atlanta Motel Inc. v. U.S. case, which Court rendered this decision?

The US Supreme Court

Lewis wants to file a suit against Mikayla. Before any court can hear the case

The court must have jurisdiction

In an effort to reduce traffic, Bay City enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

The equal protection clause

In making business decisions, Ridgeline Utility Service Company and other corporations should strive to be "good citizens" by evaluating

The legal implications of each decision, the public relations impact, the safety risks for consumers and employees

The Nebraska Supreme Court issues an opinion that can be found at 285 Neb. 88, 825 N. W.2d 429. "285" is

The number of volume in the official reports of the court's decisions.

The Constitution sets forth specific powers that can be exercised by the national government and provides that the national government has the implied power to undertake actions necessary to carry its expressly designated powers. Under the Tenth Amendment, all other powers are expressly reserved to

The states

In the Heart of Atlanta Motel Inc., v. U.S case, what was the primary issue?

Whether Title II of the Civil Rights Act of 1964 is lawful to prohibit racial discrimination in places of public accommodation

In the Clay v. U.S. case, which of the following is the issue?

Whether the Selective Service wrongly denied Clay from being classified as a conscientious objector

Dreem Land Corporation and EZ Investments Company transfer their property to Financial Managers Inc., which manages the property and distributes the profits to Dreem and EZ. This form of a business organization is

a business trust

Miracle Mobile Devices Inc., is a private for-profit corporation that (1) was formed for the purpose of manufacturing and distributing a newly patented tablet, (2) is owned by five shareholders, (3) is no subject to double taxation, and (4) has made no public offering of its shares. Miracle is

a close corporation

Deepwater Dredging & Excavation holds itself out to others as being a corporation but makes no attempt to incorporate. Estuary Marina signs a contract with Deepwater that is not performed. Estuary Marina files a suit against the firm. The court will likely hold that Deepwater is

a corporation by estoppel (prevents someone from going back on their word)

Equestrian Stables Corporation's articles list an incorrect address for its incorporator. Under this circumstance, Equestrian Stables is most likely

a de jure corporation

As a part of a stock offering for Designer Studio Corporation, the firm's accountant Evelyn intentionally misrepresents material facts in the prospectus. Flores buys the stock unaware of the misrepresentation and suffers a loss. Evelyn may be subject to

a fine, imprisonment, and damages

Dollars & Sense, Inc., is incorporated in the state of New Jersey and is doing business in the state of New York. In New York, Dollars & Sense is properly referred to as

a foreign corporation

Transworld Import Company and USA Export Inc., form a business organization to engage in importing and exporting. Its property is held in the names of the member and its shareholder have personal liability. This organization is

a joint stock company

Lauren, Marcella, and Norell form a syndicate to buy a professional soccer franchise. This syndicate could be set up as

a joint venture or a LLC

Custom Auto Body & Detailing, LLC, is an LLC. Unless indicated otherwise on the Custom Auto's federal tax form, the firm will be taxed as

a partnership

Rhys owns Solar Fuel Corporation. Rhys uses Solar Fuel's funds to pay his personal expenses, creates Thermal Power Corporation to engage in the same business as Solar Fuel, transfers Solar Fuel's assets to Thermal power, and petitions Solar Fuel into bankruptcy. This most likely warrants

a pierce of the corporate veil

Orel incorporates his business as Posts & Wire Corporation in Texas. He and his group of shareholders intend to make a profit from their sales of fencing materials. Posts & Wire is

a private corporation

The abbreviation "P.A." in the name Conrad & Drake, Accountants, P.A" means that this organization is

a professional association

Household Products Corporation wants to make an offering of securities to the public. This offering is not exempt from registration under the Securities Act of 1933. Before Household Products sells its securities, it must provide investors with

a prospectues

The shares of Home Mortgage Corporation are publicly traded in securities markets. Home Mortgage Corporation is

a publicly held corporation

Dyan, the owner of Expert Restoration Services Inc., adheres to the "principle of rights" theory. Under this theory, a key factor in determining whether a business decision is ethical is how that decision

affects the rights of others

Hudson and Ilka want to market a new line of kayaks and related gear under the brand name Journeys as a corporation- Journeys Inc. To avoid income taxes at the corporate level, they should form

an S corporation

Demario and Evander want to form and do business as a corporation- Farm-2-Fork Restaurant Inc. A corporation is

an artificial person

Riverwalk Restaurants Corporation is a non-investment company that wants to issue stock of $3 million in a 12 month period. Riverwalk, with less than $20 million in annual sales, qualifies as a small business issuer. Before Riverwalk sells the stock, it must provide investors with

an offering circular

Memphis Music Makers Inc.'s stated purpose is to sell musical instruments. If chief executive officer Neal contracts with Open Season Firearms in Memphis Music's name to sell a shotgun, he has likely committed

an ultra vires act

South Carolina enacts a statute to ban advertising in "bad taste". This statute would likely be held by a court to be

an unconstitutional restriction of speech

Bonds & Stocks Corporation, and its officers, directors, and shareholders, buy and sell securities. SEC Rule 10b-5 applies to the purchase or sale of

any security

Otto is considering forms of business organization for Pro Tree Service, his landscaping firm. Like most states, Otto's states requires that to form a LLC, he must file with a central state agency

articles of organization

Ryland, an officer for Sport Park Inc., attempts to apply a duty-based approach to ethical reasoning in conflicts that occur on the job. This approach is based on the idea that a person must

avoid unethical behavior regardless of the consequences

Qatar Global Investments is a foreign entity- a firm owned and operated by investors in a foreign country. With respect to a LLC in the United States, Qatar Global can

become a member

Tech Personnel Inc., is a corporation. Tech Personnel's implied powers enabled to

borrow funds and lend funds

Rollo is the chief executive of Specialty Magazines Inc., which is required to file certain financial reports with the Securities and Exchange Commission (SEC). Under the Sarbanes-Oxley Act of 2002, Rollo must

certify that the reports are complete and accurate

Adult Shop in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

constitutional under the First Amendment

GetTogether, A Social Media Company encourages its managers to behave ethically, reasoning that lower-level employees will take their cues from management. One of the most important ways to create and maintain an ethical workplace is for GetTogether's management to

demonstate a commitment to ethical decision making

As the trustee of a business trust, Bertoldi is required to

distribute the trust's profits

StartUp Investors, LLC, is an LLC without a written operating agreement. Among the members, a dispute arises concerning the division of profits. Under most LLC statutes, the profits will be

divided equally among the members

Bread & Brews Inc., files its articles of incorporation with the appropriate government agency. Least likely to appear in the articles is the name of

each of the corporation's shareholders

HVAC Heating & Air Conditioning Inc., is a public company whose shares are traded in the public securities markets. Under the Sarbanes-Oxley Act of 2002, to ensure that HVAC's financial results are accurate and timely, the firm's senior officers must set up and maintain

internal "disclosure controls and procedures"

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

judgment n.o.v

To raise capital to form Business Apps Corporation with Cris, Dona sells bonds and stock in other companies, and plans to register an initial public offering under the Securities Act of 1933. SEC Rule 10b-5 covers

just about any form of securities

Dhani, an accountant for Eureka! Inc. learns of undisclosed company plans to market a new laptop. Dhani buys 1,000 shares of Eureka stock. He reveals the company plans to Fay, who tells Geoff. Both Fay and Geoff buy 100 shares. Geoff knows that Fay got her information from Dhani. When Eureka! publicly announces its new laptop, Dhani, Fay, and Geoff sell their stock for profit. 1. Refer to Fact Pattern 42-1B. Under the Securities Exchange Act of 1934, Fay is most likely

liable for insider trading

Refer to Fact Pattern 42-1B. Under the Securities Exchange Act of 1934, Geoff is most likely

liable for insider trading

A Maryland state court can exercise jurisdiction over National Insurance Corporation, an out-of-state company, if the firm has

minimum contacts with the state

The Pennsylvania legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

no one

Bay City Merchants Corporation has six shareholders, four of whom are members of the same family. All of Bay City's shareholders agree in writing to operate without shareholders' meetings. Under the Revised Model Business Corporation Act, this most likely warrants

no penalties or sanctions

Gabriella is a beneficiary of a business trust. As a beneficiary, she is required to

none of the choices

As the beneficiary of a business trust, Kevin's liability for trust debts and obligations is

nothing

Boutique Bodega Corporation would like to change its corporate status to that of an S corporation to avoid income taxes at the corporate level. To qualify, the shareholders must not be

partnerships

Rafaela Art Gallery and Sequoia Exhibitions form a joint venture. When a dispute arises, Rafaela files a suit against Sequoia. The court is most likely to apply the same principles to this joint venture as it applies to

partnerships

Qiara is a holder of preffered stock in Rio Grande Irrigation & Development, Inc. Qiara has priority over holders of Rio common stock as to

payment of dividends

Kalin, Liza, and other consumers form MuniMart Cooperative. This form of business organization makes it possible for these individuals to

pool their resources to gain an advantage in the marketplace

Boats & Yachts Corporation is a public company, which California regulates and in which Dorian invests. The Sarbanes-Oxley Act of 2002 introduced direct federal corporate governance requirement to

public companies

Cotton Products Corporation is a public company whose shares are traded in the public securities markets. With respect to financial and other significant information concerning its securities, the Securities Act of 1933

requires disclosure

In studying the business law, students also review ethics in a business context. Ethics includes the study of what constitutes

right or wrong behavior

Maggie and Nate enter into a contract for the sale of a car, but Nate later refuses to deliver the car. Maggie asks a court to order Nate to perfor, as promised. Ordering a party to perform what was promised is

specific performance

Neci and Olwen want to form and do business as a corporation- Pastries & Pies Inc. A corporation is a legal entity created and recognized by

state law

A rule promulgated by the Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted fro a car's exhaust system. New York has a state law that allows for much higher emissions. In this situation, under the supremacy clause:

the EPA's decision takes precedence

In an effort to reduce traffic, Bay Town enacts an ordinance that allows only a few specific street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

the equal protection clause

Rico does not work for Street Bikes Company, but wrongfully obtains inside information concerning the firm. Based on the information, Rico buys and sells Street Bikes stock for personal gain. The Securities and Exchange Commission prosecutes Rico, arguing that he is liable because he stole information rightfully belonging to another. This argument is

the misappropriation theory

Grain Mills Corporations is required to register its securities under Section 12 of the Securities Exchange Act of 1934. Section 14(a) of the act regulates

the solicitation of proxies from Grain Mill's shareholders

A statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statue, the courts will balance the burden that it imposes on interstate commerce against

the state's interest in regulating the matter.

The state of Massachusetts regulates employment, traffic, land use, and other private activities to protect or promote the public order, health, safety, and general welfare under

the state's police powers

The Constitution sets forth specific powers that can be exercised by the federal government and provides that the federal government has the implied power to undertake actions necessary to carry its expressly designated powers. All other powers are expressly reserved to

the states

Amie is a member of Bowling & Billiards, LLC, a LLC. Amie can participate in the firm's management

to any extent

Oni's Adventure Travel and Paquito's Wild River Tours form a joint venture. Oni can participate in the venture's management

to any extent

Guitar Factory Corporation files a registration statement and delivers a prospectus to the appropriate parties. These items are intended to enable the evaluation of certain financial risks by

unsophisticated investors

Like the bylaws of other corporations, the bylaws of Equipment Leasing, Inc.,

were adopted at its first organizational meeting