BUS LAW FINAL EXAM

What freedoms does the First Amendment guarantee?

Freedom of Religion, Speech, Press, Assembly, and Petition

Who brings the case in criminal law?

Government is the party prosecuting

Guido and Hal want to rescind their contract under which Guido sold Hal a mountain bike for $100. To rescind the contract

Guido must return the $100 and Hal must return the bike.

What is the Supremacy Clause of the Constitution?

It says that federal law overrides state law

Edith works for Fast Trades, Inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith steals her employer's computer program to start up her own competing business, Get Rich Quick, Inc. This is

Larceny

Larry throws a rock intending to hit Mike but misses and hits Nate instead. On the basis of the tort of battery, Nate can sue

Larry

what is substantive law?

Law that defines, describes, regulates, and creates legal rights and obligations.

What is a misdemeanor?

Less serious crime, commonly punishable with a fine, imprisonment for less than 1 year, or both, or with parole.

Does the First Amendment protect obscenity?

NO

A contract for a sale of land from Bayside Properties, Inc., to City Development Corporation contains an erroneous legal description. The most appropriate remedy for these parties is

Reformation

when does motion to dismiss come into play?

the plaintiff asks for summary judgement if the defendant fails to show in court

What 5 contracts must be in writing?

1) sale of goods over $500 2) a contract that cannot be completed within a year 3) collateral requires a co-signer 4) property/real estate 5) marriage/ prenuptial

what are the primary sources of law

1. The U.S. Constitution and the constitutions of the various states. 2. Statutory law—including laws passed by Congress, state legislatures, or local governing bodies. 3. Regulations created by administrative agencies, such as the Federal Trade Commission. 4. Case law and common law doctrines.

What are the 4 elements of negligence?

1. duty of care 2. breach of duty 3. causation 4. damages

what three individuals lack contractual capacity?

1. minors 2. intoxicated/under the influence 3. mentally incompetent

what two elements must exist before a person can be held liable for a crime?

1. the performance of a prohibited act (actus reus) 2. a specified state of mind or intent on the part of the actor (mens rea)

what are the 5 broad categories of crime?

1. violent crime 2. property crime 3. public order 4. white-collar 5. organized crime

what amendments protect a person accused of a crime?

4th amendment: protects against searches and seizures (requires a warrant with probable cause) 5th amendment: requires due process of law and protects against double jeopardy/ self incrimination . ** right to remain silent 6th amendment: right to speedy, public, and fair (jury+witnesses) trial 8th amendment: prohibits excessive bail/cruel and unusual punishment

On Victor's eighteenth birthday, he decides that he no longer wants to keep a fishing boat he bought from Water Craft, Inc., when he was seventeen. His right to disaffirm the deal will depend on​​

C. whether Victor acts within a reasonable period of time.

Mae is granted immunity after she agrees to testify about a crime. Mae has an absolute privilege against self-incrimination and

CAN NOT refuse to testify on Fifth Amendment grounds.

What is case law?

Case law refers to the final decisions made by judges in court cases.

What is due process?

Constitutional protection against unfair governmental actions and laws

what are the differences between criminal and civil law

Criminal (Gov v. Ind)- the government charges an individual with violating a specific law. ex. Robbery Civil (Ind. v. Ind)- Consists of a dispute between two parties; can exist over a wide range of matter ex. lawsuits, divorce

In an action against Gina, Harry obtains a remedy. This is

D) the legal means to recover a right or compensate for the violation of a right

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

Destiny did not state a claim for which relief can be granted.

Fits Like A Glove Shoes, Inc., and Retail Footwear Stores enter into a contract for a sale of shoes. The contract indicates that the price includes transportation costs to a specific destination by including the term

FOB

What is jurisdiction?

The authority of a court to hear a case

What is venue?

The geographic district in which a legal action is tried and from which the jury is selected.

what is procedural law?

The part of the law that specifies the methods to be used in enforcing substantive law.

what is the supreme law of the land?

U.S. Constitution

what speech is protected by the first amendment?

Verbal communication and any conduct undertaken to communicate an idea (incuding symbolic)

What is trademark infringement?

Whenever a trademark is copied to a substantial degree or used in its entirety by another, intentionally or unintentionally, the trademark has been infringed (used without authorization).

What is statutory law?

Written laws enacted by the legislative branches of the state or federal governments are called statutes. Statutory law declares, commands, or prohibits something.

In making business decisions, Glenda, personnel manager for HVAC Maintenance, Inc., applies her belief that all persons have fundamental rights. This is

the principle of rights

what is durress?

a defense to the enforcement of a contract and a ground for recession of a contract

What is the exclusionary rule?

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Marine Expeditions, Inc., pays Nate's Boats $4,000 to use an oceangoing vessel for a month. For the purposes of the UCC, this is

a lease

Gilbert wants to initiate a suit against Healthways Insurance Company by filing a complaint. The complaint should include

a statement alleging the facts showing the court has jurisdiction.

Eve and other users of Facebook and other social networking sites post trademarked images and copyrighted materials on these sites without permission. This is

a violation of the intellectual property rights of the owners of the images and materials

what are the type of dispute resolutions?

adjudication, expert determination, litigation, mediation, arbitration

What are the four elements of a contract?

agreement, consideration, contractual capacity, legality

Ilene and Jerry enter into a contract under which Ilene agrees to provide groundskeeping services for Jerry's Family Fun Center. Under an antidelegation clause, the contract can prohibit and prevent the transfer of

all duties under the contract.

Justin's posts on Facebook provide information that establishes his intent and what he knew at a particular time, indicating potential liability. For this and other reasons, social media posts are often

all of the choices

Blanche, a salesperson for Custom Restaurant Equipment, Inc., shows Dylan, a buyer for Eat n' Dine Company, display items in Custom's showroom, stating that any purchased equipment will match the display. This statement is

an express warranty

In a suit against Ilene, Jenna obtains an injunction. This is

an order to do or to refrain from doing a particular act

Craft Engineering, Inc., contracts for a sale of technical instruments to Detail Design Company. Before the date on which performance is due, Craft notifies Detail that it will not perform. This is

anticipatory repudiation

Replay Sports Stores and SportsPower Products, Inc., enter into a contract for a sale of trampolines. SportsPower Products is a merchant who deals in goods of the kind sold. Under the UCC, an implied warranty of merchantability arises

automatically

what is the burden of proof in a criminal case?

beyond a reasonable doubt

__________ is the application of moral and ethical principles in a business contract

business ethics

Domino causes a disturbance at El Nino Cafe. He is arrested and charged with disorderly conduct, a misdemeanor. A misdemeanor is a crime punish-able by

imprisonment up to one year.

when a seller is responsible for the goods in a contract only until it leaves his business, this is called a _________ contract

shipment contract

The branch of law dealing with the enforcement of private rights and duties between parties is

civil law

what are the 4 kinds of damages

compensatory, nominal, punitive, consequential

Bubbly Cola features Sparkly Cola's trademark without its owner's permission. Bubbly's use of the mark is actionable provided

consumers are confused

Dana downloads music into her computer's random access memory, or RAM, without authorization. This is a. copyright infringement. b. within Dana's rights as a computer user. c. a basis of liability for the computer maker if it does not act against Dana. d. none of the choices.

copyright infringement

what are the 3 main types of businesses

sole proprietorship, partnership, corporation

Palette Paints, Inc. expends funds and takes steps to ensure that all employees are safe on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. Palette Paints appears to believe in the concept of

corporate social responsibility

Avery files a suit against Beth, alleging that she failed to pay him for two months' labor at her Choice Cheese Factory. Beth denies the charge and claims that Avery breached their contract to produce a certain quantity of cheeses and owes Beth damages for the breach. Beth's claim is​

counterclaim

Garrett makes and distributes copies of Here We Go Again, a movie copyrighted by Indie Motion Pictures, Inc. Garrett does this without Indie's permission. He may be liable for

damages, fines, or imprisonment

As a judge, Baxter applies common law rules. These rules develop from

decisions of the courts in legal disputes

In a tweet to Cooper, a reporter for the online Daily Bleat, Evan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is

defamation

when a seller is responsible for the goods until it reaches the buyers place of business, this is called a ___________ contract

destination contract

Beef Burgers, Inc. contracts to buy five hundred steers from Fattening Feedlots. Before Fattening Feedlots can deliver the steers, there is an outbreak of disease in the feedlot, and all the cattle are quarantined. In this case the perfect tender rule

does not apply

Dumont threatens physical harm to force Eddie to sell his business, Citywide Vending, Inc., to Dumont for a below-market price. This is

duress

Page points a knife at Ray's daughter, threatening to hold her hostage and "cut" her unless Ray takes a certain file from Skelter Supplies Corporation, his employer. Charged with theft, Ray can successfully claim as a defense

duress

Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have

exclusive jurisdiction

What is negligence?

failure to use ordinary or reasonable care

In studying the legal environment of business, Professor Dooley's students also review ethics in a business context. Ethics includes the study of what constitutes

fair or just behavior.

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

false imprisonment

Ira signs Jill's name, without her authorization, on the back of a check made out to her. this is

forgery

Lipstik, Inc. makes cosmetics. Lipstik intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Mikayla buys a Lipstik product and suffers an injury. Lipstik is most likely liable for a. product misuse. b. fraud. c. privity. d. puffery.

fraud

BeFriends Corporation uses the trademark of Community Life Inc., a social media site, as a meta tag without Community Life's permission. This may be permissible

if the use is reasonably necessary

what are the 3 kinds of torts?

intentional, negligence, strict liability

What is a felony?

is punishable by imprisonment in a state or federal penitentiary for more than 1 year.

Nyoko signs a covenant not to compete with her employer, Midstates Distribution, Inc. The covenant will be enforced if it​

is reasonable with respect to geographic area and duration.

What is common law?

law made by judges through their decisions, not through specific statutes

What is stare decisis?

let the decision stand. Courts have to follow previous decisions made in cases similar in fact.

What is strict liability?

liability that does not depend on actual negligence or intent to harm.

Lorena files a suit against Milton. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party suggests or proposes a resolution, which the parties may or may not decide to adopt. This is

mediation

Reno, driving while intoxicated, causes a car accident that results in the death of Santo. Reno is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

more than one year

Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for

more than one year

Bob, research manager for CornAgri Products, Inc., applies utilitarian ethics to determine that an action is morally correct when it produces the greatest good for

most people

What is a violent crime?

murder, rape, robbery, aggravated assault

Grant and Hester enter into a contract for a sale of Hester's Pastoral Valley Orchard. This contract

must be in writing to be enforceable

Street Bikes, Inc., makes and sells a bicycle to Theo. Street Bikes fails to exercise "due care" to make the bicycle safe, however, and Theo is injured as a result. Street Bikes is most likely liable for

negligence

what are the two parts of an agreement?

offer and acceptance

Metro Facilities, Inc., contracts to sell a parking garage to Nouveau Property Company. The contract provides that if Metro does not close the deal by September 15, it must pay Nouveau one-half of the contract price. This provision is not enforceable because it is

penalty clause

who brings the case in a civil action?

plaintiff

what is used to build common law?

precedent

what is the burden of proof in a civil case?

preponderance of the evidence

Greg, a salesperson for Home Improvement Center, tells Irena, "This is the best floor sander I've ever seen." This statement is

puffery

Rough Hewn Lumber Company orally contracts with Joe for the purchase of five acres of Joe's timberland. Joe makes the transfer but Rough Hewn does not pay the price. The lack of a written contract could bar enforcement of this deal. If so, Joe could most likely recover on a theory of

quasi contract

what are the two types of sexual harassment

quid pro quo and hostile work environment

Lexi pays Mobile Edge Electronics $600 and receives a new phone. Under the UCC, this is

sale

Expert Stitching Corporation enters into a contract to sell denim clothing to Fine Fashion Company, which in turn sells a pair of jeans to Grady, a consumer. In contrast to standards that apply to consumers, the UCC imposes on merchants

special business standards

when we identify a car in a contract, we use the VIN. When we identify electronics in a contract, we might use the serial number. Atruck load of oranges or a tanker of milk are identified differently because they are ___________ goods.

special goods

Bert sells his car to Conrad for $5,000 and his bike to Del for $600. Bert sells his vinyl record collection to Elena for $1,000 and his stock in Altogether Now, Inc.—a firm that markets an app for organizing digital music files—to Franz for $4,000. UCC Article 2 covers all of these transactions except the sale of

stock

Much of American law is based on

the English legal system

what is defamation?

the action of damaging the good reputation of someone; slander (verbal) or libel (written)

What is mens rea?

the intention or knowledge of of a crime (mental intention)

Precision Engineering Inc., like other corporations, is subject to laws that are broad in their purpose and their scope. Compliance with these laws is not always sufficient to determine "right" behavior because

the law does not codify all ethical requirements

what is product liability?

the legal liability a manufacturer or trader incurs for producing or selling a faulty product.

What is actus reus?

the physical element of a crime (guilty act)

What is larceny?

theft of personal property

What is embezzlement?

theft or misappropriation of funds placed in one's trust or belonging to one's employer.

Asian Noodle Company contracts to sell 1,000 cases of rice noodles to Bob's Bistros, Inc., but refuses to deliver. Bob's right to obtain substitute goods for those that were due under the contract is the right to obtain

to cover

Herb, a computer programmer for Inventory Control Corporation, is arrested in his employer's parking lot on suspicion of larceny. Herb must be informed of his right to

to remain silent

Chris operates the Devil's Brew chain of coffee stands. "Devil's Brew" is

trade name/mark

the idea for "Price+Profit", an app that businesses can use to track their revenue, profit, and payroll, is protected by

trade secrets law

Beans Coffee & Cocoa Company makes and sells a chocolate-flavored coffee drink under the name "CoCoCafe." Darkroast Java, Inc., later markets a similar tasting drink under the name "KoKoKafe." This is most likely

trademark infringement

Far & Wide Corporation uses the trademark of Google Inc. in a meta tag without Google's permission. This is

trademark infringement

What is copyright infringement?

using works protected by copyright law without permission

In making decisions for Commercial Janitorial & Maintenance Services Inc., Isaiah uses a cost-benefit analysis. This analysis is apart of

utilitarianism

What is trade dress?

visual components that contribute to the overall look of a brand