Legal Environment of Business Final Exam

Which of the following is part of the FTC's three part test for deciding whether a particular act or practice is deceptive -all of the other choices are correct

- the deception is material - there is a misrepresentation or omission of information in a communication to consumers - the deception is likely to mislead a reasonable consumer

Which of the following are things that must be shown by a worker in order for her to have a claim under workers compensation -All of the other specific choices are necessary for claim

- the injury must be the result of an accident or occupational disease - the worker must have a personal injury - the accident or occupational disease must have risen out of and in the course of e employment

All of the following are factors in determining ones credit score - all of the other specific choices are correct

- the length of time one has had credit -the number of inquired made into a persons credit rating -the type of credit one carries -ones credit history

The Franchise rule requires that the following information must be provided except - all of the other choices are required

- the names and addresses of other franchises - the responsibilities that the parties will have to each other under the agreement - the background and experiences of all existing franchises -an audited financial statement of the franchisors operation

Which of the following would be a reason that the U.S government would restrict the export of a good -any of the other specific choices are correct

- the sale of the export conflicts with national policy -the lake of the export could jeopardize national security and/or conflict with national policy -the export is a raw material in short supply -the sale of the export could jeopardize national security

To establish the legal requirement of intent for an intentional tort - all of the other specific choices

- the wrongdoer must have known that certain results could occur - the wrongdoer must have known the possible consequences of his act - the wrongdoer must have known what he was doing

The elements of the tort of intentional interference with contractual relations include - all off the other specific choices are correct

- the wrongdoer's knowledge of the contractual relationship between the injured business and another party - the existence of a contractural relationship between the injured business and another party -international interference with the contractual relationship

An effective acceptance must be: - all of the other specific choices are correct

- unequivocal -unconditional -properly communicated

In an orderly society, law and the legal system help to: - all of the answers are part of the role of law

- Influence the behavior of members and society - provide a way for important social change to take effect - maintain the important values of society -resolve disputes

Federal courts have the judicial power to hear cases involving: - all of the other choices can be correct

- a case involving a treaty - a dispute between a citizen and a foreign citizen - a dispute between two states - a federal question

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following - all of the specific choices are possible

- a counterclaim - an answer - a motion to dismiss

The complaint files by the plaintiff contains: - all of the other choices are included

- a statement alleging the facts necessary for the court to take jurisdiction - a statement of the remedy the plaintiff is seeking - the names of the parties -a short statement of the facts necessary to show that plaintiff may be entitles to a remedy

The parole evidence rule prohibits the introduction of oral evidence into a lawsuit where the evidence presented is contrary to the terns of a written contract. parole evidence may be introduced when: - all of the other choices

- a written contract is unclear -it will prove fraud, mistake or misrepresentation -it will explain the written instruments through previous trade usage -a written contract is incomplete

Which of the following debts are not extinguished by a chapter 7 bankruptcy - all of the other choices

- alimony and child support payments -debts incurred by fraud against creditors - back taxes -fines owed to the government

State judges: - all of the other choices are correct

- are elected in partisan (party) elections in some states - are selected by the legislature in some states - are appointed by the governor in some states - are elected in non-partisan (no party affiliation) in some states

The United States Constitution: - All of the other choices are correct

- created the cabinet office (Secretary of State/ defense, etc. - established the common law -is the oldest written constitution except for those In England and Spain -created the three branches of government

Commercial leases are often much more detailed than residential leases. A common provision of a commercial lease would be - all of the other choices are correct

- insurance provisions -how alterations to the property will be handled -dispute resolution -utilities

When is the UCC's requirements for an instrument to be negotiable -All of the other specific choices are correct

- it must be written -it must be payable on demand or at a specific time -it must state a certain sum of money -it must be made to order of or barer of

Which of the following is a main source of international commercial law -all of the other specific choices are correct

- laws of individual nations -laws defined by trade agreements -rule enacted worldwide or regional organizations

An agency may be established by - any of the other choices

- means of the doctrine of estoppel -ratification -operation of law -written agreement

Which of the following is not a necessary element of defamation - communication of a false statement to third parties -harm caused to the victim of the statements -mental distress suffered by the victim of the statement -making false statements about another person

- mental distress suffered b y the victim of the statements

Which of the following items are banned from being imported into the U.S. -all of the specific choices are banned

- products from endangered species -items that do not meet U.S. pollution regulations - narcotics

Tort law can declassified as - all of the above choices

- strict liability -negligent -intentional

According to the FTC, which of the following things would indicate an unfair act or practice -all of the other choices are correct

- the act or practice causes substantial harm to consumers - consumers cannot reasonably avoid injury -the injury from the act or practice is harmful in its net effect

A contract can be discharged by - any of the other specific choices

-performance - legal impossibility -agreement of the parties

The first step in pursuing a claim under title VII is to file a claim with the

EEOC 9Equal Employment Opportunity Commission

if an investigation of discrimination charge is not settled by the EEOC working with the employer and complaining employee to carry the case further, the or if the EEOC is unable to determine whether a discriminatory event actually occurred

EEOC must issue a "right to sue" letter giving the employee the right to sue the employer

_______ is not a major racial group officially recognized by Title VII of the 1964 Civil rights Act. This racial group is also not recognized based on common law expansions of Title VII

European

the government agency charged with motoring food and drug safety is the

Food and Drug administration

A major advantage of the use of precedent in law for business is that they will:

Have reasonable expectations about the enforcement of agreements

Karen has a history of drunk driving and has been convicted several times. The Pizza Parlor hires her as a delivery person, despite knowing her story. If Karen causes an accident while on the job because she has been drinking you would expect the courts to

Hold the pizza parlor liable for negligence in hiring

Making marijuana illegal in the US and alcohol illegal in said Arabia are both examples of

How governments can use law to enforce different social norms

________ refers to the country where a person born or the country from which his or her ancestors came

National Origin

the part of the constitution that gives congress the authority to make laws to carry ut powers granted to congress in the constitution is the

Necessary and proper clause

Under the common law, contract modifications must be supported by new consideration to be binding on the parties. Under the UCC Article 2

Parties need not provide new consideration to modify an existing sales contract

Before being controversially struck down by the Supreme Court in the citizen united case. The McCain-Feingold Act

Prohibited for profit and non profit corporations and unions from broadcasting electioneering communication

The main objective of the employee retirement income security act of 1974 (ERISA) is to

Promote the growth of private pension plans and guarantee the expectations of those plans

Employers are obligated to make _________ accommodations for persons with disabilities and are expected to insure expenses in making a position or workstation available to qualified disable applicants and employees

Reasonable

Most cases involving questions of federal law originate in:

The U.S. district courts

The part of the constitution that probably has the largest impact on business is known as

The commerce clause

The major export promotion agency in the U.S is

The commerce department

Federal judges are nominated by:

The president

Proper venue refers to:

The proper place where a lawsuit is heard

The constitution intends for the judiciary to have significant independence from the other parts of the government as part of:

The system of checks and balances

In the American court system:

There is a federal system and a similar system of trial and appeals courts in each state

the statute of limitations on felony crimes in NC is

There is no statute of limitations on felonies in NC

Which of the following agencies has primary responsibility for sanitation of meat, poultry, and eggs

U.S department of agriculture

An employer is expected to comply with the Americans with Disability Act by making reasonable accommodations for persons with liability

Unless the employer can prove an undue hardship on business operations

Which is not a necessary element of negligence? -the wrongdoer owed the injured party of a duty of care - the wrongdoer breached a duty of care to the injured party -the wrongdoer's actions were motivated by malice -the injured party suffered actual harm or damage as a result of the wrongdoer conduct -a casual connection between the wrongdoer's negligence behavior and the resulting harm to the injured party

-the wrongdoer's actions were motivated by malice

The fair debt collection practices act prohibits the following debt collectors except -all of the other choices are prohibited

-threatening violence if a debt is not paid -discussing a debt with neighbors -publication of a list of debts owed -harassing late night phone calls

The family and medical leave act gives employees the right to take

12 weeks of unpaid leave per year for health and family related reasons

The age discrimination in employment Act of 1967 prohibits discrimination against employees who are over the age of ______, if the employer has twenty or more employees

40

A principals ratification is

A principals acceptance of responsibility for an agents actions

_____ is NOT a protected class under Title VII of the 1964 Civil Rights Act

Age

Assume that the congregation of a Roman Catholic Church wants to hire a new priest and requires that the successful applicant be a graduate of the Roman Catholic Seminary. An applicant who is turned down for the job is a graduate of the baptist seminary. if the unsuccessful candidate sues arguing discrimination under Title VII, the Roman Catholic church's defense for its seminary requirement would be that it is a

Bona Fide Occupational Qualification

Lucy is a volunteer for a nonprofit organization. Her supervisor ask her to go on the print shop and order t shirts for the organization in advance of their next event. Lucy agrees to go. In route to the print shop, Lucy glances at her phone to check a text message she received from her supervisor. While glancing at her phone Lucy runs a red light resulting in a serious car accident with another motorist. The motorist thereafter, files a lawsuit against both Lucy and the nonprofit. What is the likely outcome?

Both Lucy and the nonprofit will be responsible because Lucy is a gratuitous agent and vicarious liability applies

Which of the following countries is not a member of the North American Free Trade Agreement

Brazil

Taken together, the necessary and proper clause and the commerce clause, provides justification for:

Broad congressional regulation of business

The cornerstone and most significant piece of federal employment discrimination law is the

Civil Rights Act of 1964

In Davis vs. Baugh industrial contractors the traditional common law rule prevented a party who accepted complete construction that caused injury to other. In reviewing such a case the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:

Common law can adapt to changing circumstances

in Wassell v. Adams the plaintiff was 97% responsible for the attack she suffered in a hotel room. As a result, the jury awarded her 3% $850,000 verdict, or $25,500. This action reflects which of the following legal doctrines>?

Comparative negligence

Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because ginger was so vicious. The $50,000 is called

Compensatory damages

Which of the following is true about the federal appeals courts?

Courts of appeals usually assign three-judge panels to review decisions of district courts

In Hinson v. N&W Construction where Hinson submitter the low bidet N&W for plumbing work t be part of a larger construction project by N&W, but then refused to do the work when construction was started by N&W the court held that Hinson's bid

Created liability on promissory estoppel so he was liable for the extra costs incurred by N&W

Chapter 11 bankruptcies, which are filed by business

allow a business to keep operating under reorganization of its activities and its debts

The Environmental protection agency (EPA) is an example of

an administrative agency

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adverbial system of justice

Unlike express warranties, implied warranties

an automatically imposed on sellers unless they specifically disclaim them

Cary allows Kali to access his land locked property by using a road that cuts across Cary's land. mail paid cary $1000 for the use of the road and can use it whenever he wants. This agreement is generally known as

an easement

The tort of trespass to land requires

an unauthorized intrusion onto the property of another

If the consumer knows the risks associated with he use of the product and still chooses to use it he is

assuming the risk and thus relieving the manufacturer of liability

When a party to a contract does not preform as required, there is:

a breach of contract

Shareholders, the board of directors and the managers are the three major groups tat make up

a corporation

The most common way in which to transfer ownership of interests in property is through

a deed

A quitclaim deed is

a deed of conveyance that passes whatever interests the grantor had in the property

Double taxation on profits is

a disadvantage to the corporate form of organization, which is rectified in limited liability corporation

a trust is a(n)

a form of property ownership created by the common law that separates the legal and beneficial ownership of property

For the police to use a warrant to search for evidence they think may exist that us relevant to a suspected criminal act

a judge must leave a warrant based on probable cause

Statutory law is:

a law enacted by the legislative body

Debt collection usually begins with

a letter stating that the account is past due

Anna transfers to her mother mildred, the right to use annas second home so long as mildred is alive. This is known as

a life estate

Warranty of title means

a seller is the rightful owner of the goods being sold

Original jurisdiction means power to:

accept a lawsuit, try it, and pass judgment

The constitution was amended almost immediately to ensure that there was

adequate protection for individual rights

Substantive rules issued by agencies are

administrative statutes with the same force and effect of law as statutes passed by congress

This ad was seen in a publication: "Wanted: Assistant to the president. great job opportunity for bright, young, hardworking person to work with the president of a macro private university" This ad is most likely to violate

age discrimination laws since "young" is probably not over the age of 40

Where a business or person represents another, person or business fo 4th purpose of establishing relations and legal responsibilities between a principle and third parties, this relationship is known as an

agency relationship

Which of the following is an industry that is greatly affected by NAFTA

agriculture, automobiles, and textiles

if Julia is accused of robbing a bank and she has witnesses testify that she was having her nails done a the time of the robbery then she us using an

alibi

In 1966 Supreme Court opinion relating to the Miranda rights holds that a person must be advised of their rights

before the commencement of a custodian interrogation

As a creditor a business should

determine the debtors ability to repay and establish debt collection practices

Conducting an on-the-spot worksite safety inspection by OSHA inspectors is an example of acquiring information by

direct observation

Employee handbooks usually do which of the following

discusses grounds for discipline and dismissal and communicate company policies and procedures

under Title VII of the 1964 Civil rights act, unintentional discrimination is referred to as _____ discrimination

disparate impact

the owner of a lost dog posts notice that she will pay $200 for its return. Someone who does know ab out the reward finds the dog and returns it. The owner;

does not have to pay the reward because the offer was not communicated to the person who found the dog

Cause in fact is established by:

evidence showing that a defendants action or inaction is the actual cause of an injury that would have not occurred but for the defendants behavior

The US constitution created these branches of federal government

executive, legislative, and judicial

internationally, the most visible franchises are

fast food restaurant

The most common form of real property ownership that gives exclusive possession to a particular piece of land for a indefinite time is

fee simple

The bill of rights is the

first ten amendments of the U.S. Constitution

Gary and Sue start a consulting firm. They are co owners of it and have joint control over its operation and the right to share in its profit. Their organization is most likely a

general partnership

Following a trials opening statements, the plaintiff

goes first since he has the burden of proving that his arguments are correct

Article 2 of the UCC covers the sale of

goods

The U.S Supreme Court accepts a case on appeal it:

grants a writ of certiorari

The law of product liability is primarily concerned with

harms suffered by buyers and other person who use defective products

Suppose parties to a contract that is under the UCC fail to specify some term. The UCC

has rules to fill the gap about a silent term

Ethics in the context of business practitioners:

has to do with rules or standards governing the conduct of members of a profession and low standards are put into action within an organization

Business transactions that involve entities from two or more countries should be defined as

international business

An individual with an express or implied invitation to enter the premises of someone else is owed the highest duty of care. These individuals are known as

invitees

Bankruptcy law

is federal statutory law, primarily the bankruptcy code

If the principal does not pay the creditor, and the surety has to satisfy the debt, the principal

is obligated to repay the surety

At most trials, after the parties present their closing arguments, the

judge instructs the jury on the law; the jury applies the law to the facts it determines

Five procedural requirements for judicial review of a challenge to an agency decision are

jurisdiction, review ability, standing, ripeness, and exhaustion

When there is an undisclosed principal, the agent is

liable to the third party for the principals nonperformance of the contract

An art gallery sells fake "authorized" Vincent Van Gogh prints to clients for $50,000 each, telling buyers their purchases are good investments. If the FTC sues, the gallery will

lose because its actions meet the FTC test for deception

An at will employee

may be dismissed at any time without reason or cause

Truth in lending refers to the requirement that creditors

must disclose all relevant terms in credit transactions

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendant by service of process

Consideration is defined as something of value or something bargained for in exchange for a promise. Normally if consideration is absent

neither party may enforce the promise

A secured creditor is one who

can take a debtors property to try to satisfy the debt

in McCulloch v. Maryland the Supreme Court held

creation of a national bank was constitutional under the necessary and proper clause

You leave your poodle at a new grooming shop and tell them was the dog--a $30 service. they do that and also paint the poodles nails and tie ribbons in his hair-- these services are an extra $10. You pay them for the wash. What about the extra $10 in services?

no contract for these services existed, no extra payment

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

A manufacturing defect is one which

occurred during the manufacturing stage and for which the consumer will be compensated

the basic elements of a contract include

offer, acceptance, consideration, and mutual assent

In a wholly owned subsidiary the foreign business

owns the whole operation

The discovery stage in the trial process is intended for the

parties to obtain information about the facts before the trial starts

A grant from the government conveying to and securing for an inventor the exclusive right to make use and sell an invention is a

patent

The UCC's remedies for breach of contract fr the sale of goods are intended to

place the non breaching party in the same position as if the contract had been performed according to its terms

Which is the correct order of stages for a typical lawsuit

pleadings, discovery, pretrial, trial, appeals

international business face risks that include

political, financial and regulatory risks

The intent of the nutrition labeling and educational act is to

prevent misleading product claims

Criminal law is

primarily made up of statutes passed by congress and state legislatures

The food and drug administration

prohibits the sale of drugs without FDA approval

A major purpose of tort law is to

provide compensation for injured parties by wrongdoers

Enforcement of law in a moiety is important because it:

provides some predictability and uniformity to the boundaries of acceptable conduct

To not violate Title VII's prohibition of discrimination based on religion an employer may have to make changes in the way her business is organized to meet religious requirements of the employee. Employers are required to insure:

reasonable expenses to accommodate an employee's religious requirements

Which of the following are public policy exceptions recognized by most states as limits to the employment at will doctrine

refusing to commit an illegal act; preforming a public duty and exercising a right

the reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person

represents a standard of how persons in row relevant community ought to behave

Nutrition labeling does not require which of the following to be listed per serving portion

riboflavin

According to the UCC's statute of Frauds all

sales of goods worth more than $500 must be in writing

A financial institution that receives a promissory note has the right to

sell the note to another party

The equal pay act of 1963 prohibits employment pay discrimination on the basis of

sex

In Title VII discrimination cases, after the plaintiff establishes a basic claim, the burden of proof then

shifts to the defendant to present evidence that the claim is untrue or that there was a legal reason for (the employer's) decision, and then the burden shifts back to the plaintiff

An agent with authority to represent the principle for only a specific transaction, usually for a limited time is a(n)

special agent

The use of legal precedent, or the use of prior decisions as guidance in disputes that occur late is called:

stare decisis

Negotiable instruments

substitute for cash

The constitutional requirement that governments must give just compensation for property taken for public use is known as

takings clause

Which of the following is not a requirement of the drug free workplace act imposed on all companies that do more than $25,000 worth of business with the federal government

test new employees for possible drug use

If the government can prove beyond a reasonable doubt that 1) the accused committed the illegal act, and 2) that there was necessary intent or state of mind to commit the act then

the accused will be convicted of the crime

The most immediate control mechanism that congress hs to regulate administrative agencies is the ability to control the agency through

the budget process

Administrative agencies are often created by congress because

the can consider technical details more effectively than congress and have the ability to monitor a regulated industry on a continuous basis

Federal regulation of the relationship between consumers and creditors is based on an umbrella law is

the consumer credit protection act

To create a corporation

the corporations articles of incorporation are filed with the appropriate officer of the state

Personal jurisdiction over the person of the defendant is achieved when

the defendant is served with a copy of the complaint

Andrea has been working very hard for her employer, Bill. Two weeks before Andrea is due for a bonus payment, Bill fires her for no reason. Andrea could possibly make a case that:

the implied covenant of good faith and fair dealings has been violated

Contract law governs the enforceability of

the legal relationship that consists of the right and duties of the agreeing parties growing out of promise

The individual designated by a business organization to receive service of process for the business is known as

the registered agent

A guarantor is generally the same as

the surety

Depositions, written interrogatories orders for production of documents and request for admissions are examples of:

the tools of discovery

Under which of the following conditions would a principal or employer be liable for the torts of an agent or employee

the tort occurred within the scope of employment and was authorized by the principal

The United States constitution divides governmental power to prevent:

the tyranny the founders experienced under King George III

If someone is very drunk and then, only because of their drunkness, cause a fatal accident

there can be a crime because there was criminal negligence

If a debtor cannot meet credit obligations it is said

to default

Restrictions on a country's imports are generally imposed for which of the following reasons

to protect a countries domestic industries from foreign competition

The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:

to provide a neutral forum for handling such disputes

The UCC's promise is

to simplify, clarify, and modernize the law governing commercial transactions

A commercial symbol that a manufacturer prints on its goods so they can be readily identified in the marketplace is a(n)

trademark

The sellers basic obligation under the UCC is too

transfer and deliver goods that conform to the contract to the buyer

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. Tis tax is

unconstitutional because it violates the commerce clause

a potential drawback of sole proprietorships and general partnership is that the parties involved have

unlimited liability

Which of the following is not needed to establish the tort of intentional misrepresentation or fraud

use of force by the defendant

Once established, assumption of risk

usually bars the plaintiff from recovery, even if the defendant was negligent

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called

voir dire

In Kelo v. City of New London Conn. where the city forced people to sell their houses so there could be a new large project build, the Supreme Court held that the forced sale:

was legitimate even if the city sold the property to a private party

Which of the following is an objective of workers compensation - All of the other specific choices are correct

-Provide sure, prompt, and reasonable income and medical benefits to work accident victims or income benefits to their defendants regardless of fault - reduce payments of fees to lawyers and expert witnesses -prevent public and private charities from incurring the financial strains that would accompany uncompensated accidents - Provide a certain remedy and reduce court costs and time delays associated with tort litigations

In a sale under the UCC, title to goods passes when the goods -any of the other choices would be allowed

-arrive at the buyers facility -When the goods are halfway between buyer and seller -leave the sellers facility -arrive for shipment at a port or train or trucking facility

Some contracts must be in writing and signed to be enforceable. Contracts that are covered by the statute of frauds include: - all of the other choices

-contracts that cannot be finished within one year -promise to pay the debts of another person -promises made in consideration of marriage - contracts for the sale of land

A seller or buyer is considered a merchant by the UCC when he - any of the other specific choices

-employs an agent or broker who holds himself out as having requisite knowledge or skill -regularly deals in goods of the kind involved in the transaction -by occupation presents himself as having knowledge or skill specialized to the transaction

In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because: - all of the other specific choices

-he was not explicitly or implicitly directed to participate in any unlawful activity -his actions were not an important public duty - the defendant took non action concerning the plaintiff that amounted to a tort under the applicable law

Under title VII of the 1964 Civil rights Act, intentional discrimination is referred to as ___________ discrimination

Disparate treatment

Roberta says, "Susan, I will sell you my car for $5000" Roberta says "No" later Susan calls Roberta and says "I have $5000 and want the car" Roberta:

Does not have to sell the car due to the counteroffer, which is a rejection

under the old common law concept of ad coelom, it was presumed that an owner of land acquired

all rights to an estate including everything from the center of the earth to the heights of the heavens

Rights of literary property as recognized by law are

copyrights

When a court "pierces the corporate veil" it

hold shareholders personally liable for corporate debts

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:

in rem jurisdiction

in a criminal case. If evidence is not gathered properly such as by a search that violates Fourth Amendment rights, then at trial evidence is

inadmissible at trial under the exclusionary rule

Regulatory takings cases indicate that

the destruction of property value must be almost complete for compensation to be due

The principal distinction between assault and battery is

the difference between the requirements of apprehension of an offensive physical contract and of actual physical contact

Credit discrimination on the basis of race, sec, color, religion, national origin, marital status, recipe of public benefits, the good-faith exercise of the applicants rights under a ny part of the CCPA or age is prohibited

the equal credit opportunity act

An independent contractor is distinguished by

the extent of control the employer retains over work performance

The decision to pull orange juice from a store shelves and remove it from the stream of commerce due to the possibility of harmful contaminates is made by what regulatory agency

the food and drug administration

Which is true of gratuitous agents

the gratuitous agent may bind the principal regardless of whether their authority is actual or apparent

In Palsgraf v. Long Island railroad where palsgraf was hit by machinery that fell when an explosion occurred at a train station and she sued the railroad for negligence. The New York high court held that the railroad

was not liable because of a lack of proximate cause

Negigence torts are based on the idea that

we have a duty to conduct ourselves in all situations so as not to create an unreasonable risk of harm or injury to others

An agency through operation of law is established

when an emergency exists and the "agents" actions are in the public interest

Which is not an elements for an offer to be effective

willingness to accept consideration

The commerce clause of the constitution gives congress the power to regulate trade

with foreign nations and among the states

Under a chapter 13 proceeding, debts must be repaid usually

within five years

You post a notice at school that you will sell your laptop computer for $600. A buyer comes by your room to look at it while you are gone and your roommate sells it for $500, thinking you would be happy with that price, which you did not authorize

you can accept the deal by express or implied ratification