from test

A business cannot use puffery without liability for fraudulent misrepresentation.

false

A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.

false

A product made in conformity with a manufacturer's design specifications is not considered defective regardless of a flaw in the design.

false

Anyone can circumvent encryption software or other technological antipiracy protection without penalty.

false

Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.

false

Employers are prohibited from taking actions against employees or applicants based on their social network postings.

false

In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort

false

In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy.

false

Judging a job applicant based on what an online search reveals about the applicant's activities outside the workplace universally is viewed as ethical.

false

No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect

false

Once a company has investigated any foreign suppliers, it is unnecessary to continue to monitor those suppliers.

false

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

false

The European Union's copyright rules limit the royalty protection for musicians to ten years

false

There is one right answer to every legal question.

false

To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory.

false

To maintain a claim of trademark dilution, the products involved must be similar.

false

With a motion to strike, a party asks a court for permission to delay the start of a trial in protest of certain aspects or conditions of the plan of litigation.

false

a choice of law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract

false

a court should overturn its precedents unless there is a compelling reason not to

false

a law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest

false

a person who enters into a risky situation, knowing the risk involved, can nevertheless recover for a resulting injury or harm for reasons of public policy

false

a person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product

false

a resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason

false

a secondary source of law establishes the law on a particular issue

false

a social media post cannot be used to invalidate a settlement agreement

false

a social media post is not subject to discovery in litigation

false

a statute is a secondary source of law

false

all courts use the same test for legal insanity

false

an award of grossly excessive punitive damages is normally available in a suit involving gross negligence

false

an unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur

false

an unusual or fanciful trade name is not protected under trademark law

false

any court can exercise jurisdiction over any person

false

because the internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time

false

congress does not pass laws based on ethics

false

crimes are sometimes prosecuted by crime victims rather than by a public official

false

doing business within a jurisdiction is not enough for most courts to compel a defendant to appear

false

even if it conflicts with the U.S. constitution, a state constitution is supreme within that state's boarders

false

if a restriction imposed on speech by the government is content neutral, then a court will not allow it

false

if an appellate court affirms a jury's finding on one issue, the court cannot remand the case for further proceedings on another issue

false

in the american governmental system, applying the laws to specific situations is the essential role of Congress

false

information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret

false

intentional deceit for personal gain my be unethical but it does not give rise to liability for fraud

false

judicial review is the process through which congress approves or rejects judicial appointments

false

making ethical decisions is most often done by analyzing objective standards (such as profit or number of people fired) instead of subjective impact on stakeholders.

false

misconduct by the participants in a trial can cause the judge to grant a motion for a new trial

false

one of the purposes of criminal law is to compensate the victims

false

privacy rights receive no protection under federal law

false

rationalization is the process of making a logical decision based in evidence and an alaysis of the ethical dimensions of the decision

false

the attempt to influence a public official to act in a way that serves a private interest is no crim

false

the commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's boarders

false

the federal courts are an independent system of courts superior to the state courts

false

the free exercise clause prohibits the government from passing laws that have any impact on religion

false

the manufacturer of a product may incur liability when a defect causes injury to a user but not when the defect causes property damage to a bystander

false

the term moral minimum is best defined as the highest degree of ethical behavior expected of a firm

false

there are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain

false

those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer

false

under the communication decency act, internet service providers are liable as publishers of defamatory statements that come from a third party

false

under the principle of rights theory, the key factor in a decision is how the result may harm the rights of the company to make money

false

when profit maximization is the goal, a company does not benefit from ethical behavior

false

As part of the IDDR approach described in the text, it is important to list many possible actions and analyze them using several different ethical theories.

true

In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.

true

Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

true

Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings

true

Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states

true

That a favorable court decision will be likely to remedy an injury is an element of standing.

true

The Federal Trade Commission can effectively force a private company to consent to the agency's review of the company's privacy and data practices

true

The basis of a civil law system is a written code of laws.

true

Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.

true

Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.

true

Voir dire refers to the jury selection process.

true

When making ethical decisions, a business should evaluate the financial implications.

true

a constitution is a primary source of law

true

a defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses

true

a descriptive term is protected under trademark law if it acquires a secondary meaning

true

a landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas

true

a law that limits a fundamental right may be held to violate substantive due process

true

a mistake of fact can often excuse criminal responsibility

true

a motion for summary judgement can assert that the plaintiff failed to state a claim for which the court can grant relief

true

a motion to dismiss asserts that a claim has no basis in law

true

a question of law is generally the focus of an appellate court

true

an act intended to make another person fearful of an immediate physical harm is assault if the threat is reasonably believable

true

an internet service provider that terminates subscribers who infringe copyrights can qualify for "safe harbor" under the Digital Millennium Copyright Act

true

because the internet is international in scope, it raises international jurisdiction issues

true

controlling precedents are binding authories

true

corporate social responsibility links the responsibility of citizenship with the strategy and key principles of a business

true

ethics is a branch of philosophy that focuses on morality

true

every criminal statue prohibits certain behavior

true

federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance

true

local governments, including cities, exercise police powers

true

manufacturers are commonly held liable when their negligence causes users of their products to be injured

true

outcome based ethics determines what is ethical by looking at the potential benefits and harms of a given action

true

picking a jury is an important aspect of litigation strategy

true

some business processes can be protected as trade secrets

true

state regulatory powers are ofter referred to as police powers

true

taking personal property from its owner, without permission or just cause, is trespass---retaining it is conversation

true

the United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights

true

the fourth amendment protects only against searches that violate a person's reasonable expectation of privacy

true

under the federal law protecting trademarks, "bad faith intent" is one element of a claim of illegal cybersquatting

true

when religious practices work against public policy, the government can act

true

with respect to a patented process, all steps or their equivalent must be copied for infringement to occur

true