BUSI 4350 FINAL (CH 4, 5, 6, 7)

An analysis of whether a defendant's act or failure to act is sufficiently connected to the plaintiff's injury falls under which negligence element?

Causation

The power to legislate is given by the Constitution to which of the following?

Congress

Which of the following is not an objective of the law?

Ensure commercial profitability

An innocent untruth is a(n) __________.

misrepresentation

Governments can use the __________ to take private property for public uses such as building highways, bike trails, and parks, while providing just compensation to the owners.

power of eminent domain

Which of the following best describes an injunction?

A court order that may either require or forbid a party to perform a specified act.

Which of the following types of contracts ordinarily involves a situation in which one party makes a promise and the other party acts in response to that promise?

A unilateral contract

Which Article in the Constitution creates the legislative branch of government?

Article I

Assumption of the risk is a defense based on the idea of:

Consent

The sources of law which prescribe the structure of our governments and protection for our individual rights are:

Constitutions

Which of the following areas of law gives us a reliable mechanism for freely expressing our preferences for life?

Contract law

In general, which of the following third parties can enforce a contract?

Creditor beneficiaries and donee beneficiaries

The doctrine under which a person cannot be prosecuted twice in the same tribunal for the same criminal offense is:

Double jeopardy

The Constitutional provision that forbids a government from treating one person differently from another person without a rational basis for doing so is the:

Equal Protection Clause

Which of the following is true of federal question jurisdiction?

Federal and state courts have concurrent jurisdiction for some federal questions.

A crime punishable by a year or more of incarceration is a:

Felony

Jonathan, a motel owner, was suspected of being associated with an illegal narcotics operation. The police put a GPS tracking unit on Jonathan's car and followed his movements for more than a month. He was arrested in 2010, and in a trial in 2012, the jury found him guilty of intent to distribute methamphetamine for which he was sentenced to life in prison. On appeal, Jonathan argued that his conviction should be overturned because the warrantless use of GPS tracking unit violated the __________.

Fourth Amendment

Which of the following is not a recognized defense to an intentional tort claim?

Fraud

Judicial authority over a person is referred to as:

In personam jurisdiction

Which of the following statements is true of the Magnuson-Moss Warranty Act?

It applies only to consumer products.

In the context of legally enforceable contracts, which of the following best describes consideration?

It is the bargained-for legal value that one party agrees to pay to secure the promise of another.

Which of the following best describes assault?

It refers to intentionally causing another to reasonably believe that he or she is about to be the victim of a battery.

Which of the following is described as tangible defamation?

Libel

A type of alternative dispute resolution that uses a neutral third party to facilitate an agreement between two disputing parties is __________.

Mediation

The government is required to give notice and a fair hearing before taking action that affects a citizen's life, liberty or property because of:

Procedural Due Process

Which of the following are possible defenses to strict liability cases?

Product misuse and assumption of the risk.

Which of the following is not a category of negligence claims stemming from defective products?

Strict liability

Which of the following tort claims focuses on the condition of a product rather than the conduct of the parties?

Strict liability

Laws that create, define and regulate legal rights and obligations are classified as:

Substantive

The __________ of the U.S. Constitution nullifies state action that conflicts with federal law.

Supremacy Clause

Which of the following protects our personal freedoms, such as religion and speech, from the government?

The Bill of Rights

Which Amendment to the U.S. Constitution contains both the Establishment Clause and the Free Exercise Clause?

The First Amendment

Which Amendment to the U.S. Constitution protects free speech?

The First Amendment

Which Amendment provides for constitutional protection against state government?

The Fourteenth Amendment

Norah, a waitress at a restaurant, was hospitalized because of a drug overdose. When questioned by the police, she agreed to call Michael, whom she identified as the source of drugs. The police arrested Michael, searched him and his cell phone, and discovered call records confirming that the phone was used to talk to Norah. This evidence was used at trial against Michael, who argued that the cell phone search violated his Fourth Amendment rights. Which of the following is most likely to happen in this scenario?

The cell phone evidence will be discarded because it is unlawful for cell phones to be searched upon arrest without a warrant.

Which of the following rules provides that evidence secured in violation of the Fourth Amendment may not be used against a defendant at trial?

The exclusionary rule

Jack is driving from Los Angeles to San Francisco. On his way, Jack is stopped by a police patrol car for repeatedly crossing a double yellow line into oncoming traffic. A police officer politely asks Jack to step out of the vehicle, while the officer's partner performs a warrantless search of Jack's car. The police officer finds a gram of cocaine on the dashboard. Which of the following is most likely to happen in this scenario?

The police officer is allowed to secure drugs that are abandoned or in plain view even though a warrant has not been obtained.

Breaches of duty to particular persons, causing loss or injury are categorized as:

Torts

Transactions involving the sale of goods is governed by:

Uniform Commercial Code

Beatrice doesn't like her ex, Beauregard. Beatrice contracts with Beary to assault Beauregard for the sum of $5,000.00. This situation is best described as a(n):

Void contract.

In a civil trial, after the judgment is rendered on a case, either party may appeal the decision to a higher court. If no error is found by the appellate court, the lower court decision is __________.

affirmed

In response to a complaint, the defendant may file with the court an initial pleading, called a(n) __________, wherein the defendant enters a denial by setting out his or her version of the facts and law, or in which the defendant simply concedes the validity of the plaintiff's position.

answer

If Tom owes John $300 for work that John has performed for him, and John gives this debt to Jim in repayment for work that Jim has done for him, then this transfer of rights to this debt is referred to as a(n) __________.

assignment

The outline that a law student prepares in an attempt to master the law is called a(n) __________.

case brief

Advertisements via circulars and billboards are examples of __________ speech.

commercial

In the state court systems, generally at the base of the court pyramid in most states is a __________.

district court

If an individual owns a potentially hazardous enterprise such as a bungee tower or a water slide, one way for the owner to protect himself from litigation should a customer be hurt is to include a(n) _____ in the customer agreement.

exculpatory clause

A contract that is inferred on the basis of the facts or by the behaviors of the parties is a(n) __________.

implied contract

Outrageous conduct causing severe emotional pain is the intentional tort claim of:

intentional infliction of emotional distress.

The rule that states that acceptance is effective when sent, even if never received, is the __________ rule.

mailbox

The element of a crime that is the evil intent component is known as the:

mens rea

Harm caused by carelessness is known as __________.

negligence

The plaintiff in a breach of contract action who has suffered not actual damage may be entitled to an insignificant sum to illustrate the wrongfulness of the breach known as:

nominal damages

Tortious interference that impairs the enjoyment of one's land is known as a(n):

nuisance

With a condition __________, the parties to a contract have no binding duties until the specified event occurs.

precedent

The __________ offers the wisdom of the past and enhances efficiency by eliminating the need to resolve every case as though it were the first of its kind.

principle of stare decisis

The laws that are the methods of enforcing substantive rights are:

procedural laws

In some cases of negligence claims, courts adopt the doctrine of __________, in which the facts suggest that the plaintiff's injury must have resulted from the defendant's negligence, but the circumstances are such that the plaintiff is unable to prove negligence.

res ipsa loquitur

For an offer to be valid it must contain all of the following except:

take written form.

The intentional entry onto the land belonging to another without consent is:

trespass.