legal social exam 1, law chapter 7, Bus 250- Unit 1, Ch. 7, Business Law - Chapter 8, Business Law Homework Review, Blaw 5.2, Blaw 5.1, Chapter 4: MindTap Worksheets, Chapter 6: Homework, blaw 6.3, blaw 6.2 trial, blaw 6.1 litigation, Worksheet 6.1:...
As English jurist William Blackstone said,
"Better that ten guilty persons escape than one innocent suffer."
Which of the following represents a unilateral offer?
"I will pay you $50 if you mow my lawn."
(1) is organized into two houses, the (2) and the (3)
(1) Congress (2) House of Representatives (3) Senate
Agencies require broad factual knowledge of the field they govern. To force (1), agencies sometimes use (2) and (3) during their (4).
(1) disclosure (2) subpoenas (3) searches (4) investigation
(1) is a process in which an agency holds a (2) hearing before it promulgates rules. Opponents of the rule may (3) agency experts and may (4) against the rule. When the agency makes a final decision about the rule, it must prepare a (5), (6) response to everything that occurred at the hearing.
(1) formal rulemaking (2) public (3) cross-examine (4) testify (5) formal (6) written
Nevada passed a law banning all commercial billboards along state highways to improve the appearance of the environment. If this law were to be challenged, which of the following would a court examine to determine if the law is constitutional?
-It would have to be established that the law furthers an interest of the state of Nevada to create a more aesthetically pleasing environment. -It would have to be shown that the law directly and materially advances the state's goal of a more aesthetically pleasing environment. -It would have to be shown that the law reaches no further than necessary to promote the state goal.
Which of the following are remedies available to a successful plaintiff under Title VII?
-hiring, reinstatement, and back pay -front pay, reasonable attorney fees -compensatory and punitive damages
Which of the following offers are considered to be irrevocable for a given period?
-option contracts -A writing signed by a merchant offering to hold open an offer for the sale of goods for a stated period. -firm offers
In some states, an employer can discipline or fire employees for
-smoking cigarettes, even in the privacy of their own home. -posting an unflattering comment about the employer on social media. -dating coworkers, even if the relationship is consensual.
What are the 7 steps a bill takes before it goes to the President?
1. Congressperson proposes bill 2. Congressional committees hold hearings 3. Committee votes in favor of the bill 4. Full body approves the bill 5. Other house approves the bill 6. Conference committee resolves differences 7. Both houses pass the same version of the bill
a plant patent lasts
20 years from the date of publiction
Approximately how much merchandise is stolen from U.S. retail stores every year?
34 billions
Which of the following does NOT violate the Foreign Corrupt Practices Act?
A company allows a grease or facilitating payment for a routine governmental action
Which of the following is NOT an example of a trial court of limited jurisdiction?
A general civil division court ARE examples: A probate court A juvenile court A small claims court
Adam decided to play a practical joke on Linda, a coworker. As Linda was leaving the office one night, Adam, wearing a mask, stepped out from behind some bushes. He pointed a handgun made out of licorice at her and demanded her purse. He then pushed the candy gun to her head and told her if she told anybody he'd kill her. Linda was very scared during the whole incident. She did not think it was funny when Adam pulled the mask off and took a bite out of the gun as he gave her the purse back. Which statement is correct?
Adam committed an assault and a battery
Federalist
Alexander Hamilton. Strong central government. Central government must be able to tax, regulate commerce, and control borders
_______ federal court judges are nominated by _________ and confirmed by _______. Once confirmed, federal judges serve _______
All, The President of the United States, The Senate, life in good behavior
Assault
An action that makes another person fear an imminent harmful or offensive touching
Battery
An intentional touching of another person in a way that is harmful or offensive
Shortly after Brian started to work at Trevit, Inc., a coworker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully but intentionally touched Brian "below the belt." Which statement is correct?
Ann committed the tort of battery
Which of the following statements is most accurate regarding appellate courts?
Appellate courts generally accept the factual findings of the trial court
Which of the following are three ways in which Congress influences administrative agencies?
Approval power over presidential nominees to head agencies, Ability to amend an agency's enabling legislation, and Controlling the purse
the malicious use of fire or explosives to damage or destroy any real estate or personal property
Arson
A political group publishes some very misleading advertisements about a senator's voting record. Why is the politician prohibited from filing suit under the Lanham Act?
Because the Act covers commercial speech only
Why are courts unable to take on the responsibilities of administrative agencies?
Because the role of the court is to decide individual cases, not regulate industries
the judge is the factfinder
Bench trial
The first ten amendments to the Constitution are known as the
Bill of Rights
Which of the following are three limits on the information any agency may seek during its investigation?
Burden, privilege, and relevance
In what way do "we the people" have control over statues?
By electing the politicians who pass statutes
Lucia is very interested in buying Charlotte's apartment and has toured it several times. She pays Charlotte $5,000 to hold the offer open (that is, not to sell the apartment to anyone else) for three days, so that Lucia can think it over. The next day, Lucia's realtor, Antonio, shows her an apartment that she prefers. Lucia buys it on the spot. Charlotte sues Antonio for tortious interference with a contract. What result?
Charlotte loses because she did not have a contract with Lucia for the sale of the apartment.
The primary source of federal power to regulate business is the
Commerce Clause
Which of the following are elements the plaintiff must prove in a libel per se case?
Communication Defamatory Statement Falsity
Which of the following are elements that the plaintiff must prove in a defamation suit?
Communication Injury Defamatory Statement Falsity
Which of the following are the two prerequisites for a state law to be valid under the Supremacy Clause?
Congress does not intend to dominate the issue, and there is no conflicting FEDERAL law
Thompson raised 80 acres of corn, most of which he used to feed his own cattle. He locally sold what he did not use. Based on the Supreme Court's ruling in Wickard v. Filburn,
Congress may regulate Thompson's farming activity because it has a substantial economic effect on interstate commerce.
Which of the following are three areas of law in which common law still predominates?
Contract law, tort law, and agency law
Which of the following are three of the Framers' main goals in creating the Commerce Clause?
Create a unified voice for regulating commercial relations with foreign governments, stop the states from imposing harmful taxes and regulations, bring coordination and fairness to trade among the states
designed to protect the accused and ensure that criminal trials are fair
Criminal procedure
_______ is the term used to describe certain fundamental principles of international law that cannot be altered by custom or practice.
Customary international law
D'Arcy, who is not a public figure, brings a libel suit against Mary. At trial, D'Arcy fails to prove injury or actual malice, but he wins the suit anyway. Which of the following must be true?
D'Arcy sued Mary because she wrote an article that said he had been convicted of tax fraud, when he had not.
Which of the following are the major differences between conversion and theft?
Defendant can go to prison for theft Defendant may have to compensate the original property owner in a conversion suit
Which of the following are examples of what a plaintiff must show to demonstrate interference with a prospective advantage?
Defendant's conduct was independently unlawful Plaintiff had a definite expectation of obtaining an economic advantage Plaintiff had a reasonable expectation of obtaining an economic advantage
Which of the following are three tasks typically carried out by enabling legislation?
Describing the problems that Congress believes need to be addressed by regulation, Establishing an agency, and Defining an agency's powers
Which of the following are goals of punitive damages?
Deter similar conduct Punish the defendant
Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct?
Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent
Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct?
Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.
Compensatory Damages
Economic Damages -Lost earning capacity -Medical expenses Non-Economic Damages -Pain and suffering -Inability to socialize
prohibits cruel and unusual punishment
Eighth Amendment
the fraudulent conversion of property already in the defendant's possession
Embezzlement
John was driving home one night in a terrible snow storm when his car stalled. He managed to push the car onto a small shopping center's parking lot. The next day about noon he came to get the car and it had been towed away by the owner of the parking lot. The owner explained she had to remove the car to clean the snow off her lot and told John where the car had been towed. Which statement is correct?
Even though John left his car in the parking lot under emergency conditions, he still committed a trespass on the owner's property.
In Kennedy v. Louisiana Justice Kennedy's decision relied heavily on
Evolving standards of decency
Article II
Executive branch
Which of the following makes it illegal for U.S. companies and citizens to bribe foreign officials to influence a governmental decision?
FCPA
Which of the following laws provides support to unemployed workers?
FUTA
A person must actually intend to cause harm to the plaintiff to be liable for an intentional tort.
False
Agencies must always obtain a warrant before seizing evidence from a company. True or false?
False
At an indictment, the prosecutor and the defense attorney present evidence to the grand jury.
False
Courts are generally sympathetic to claims made under the Eighth Amendment.
False
Courts award punitive damages in most tort cases.
False
Courts often overturn an agency's interpretation of the law. True or false?
False
Disputants Martin and Daulton have hired Thurman to mediate their disagreement. Although Martin and Daulton must accept whatever decision Thurman makes, the mediation has the advantage of keeping Martin and Daulton out of court. True or false?
False
Each state has a legislature, which passes statutes for that state and for the nation. True or false?
False
If Lorenzo is seeking an injunction against Brenda to prevent her from selling materials that infringe his copyright, he is entitled to a jury trial if the value of the materials is over $100. True or false?
False
In a civil case, the plaintiff must prove the case beyond a reasonable doubt. True or false?
False
In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute. True or false?
False
Once an appellate court has made a ruling, every state court in the country must follow the precedent. True or false?
False
Only the Senate may propose a new statute, called a bill. True or false?
False
Primary methods of alternative dispute resolution include litigation and mediation. True or false?
False
Small claims courts have jurisdiction over settling the estates of deceased persons. True or false?
False
The Constitution was developed by amending the Articles of Confederation.
False
To be considered a part of "interstate commerce" a good must physically travel from one state to another.
False
When measured in dollars, street crime costs our country more than white-collar crime does each year.
False
Caldwell was shopping at T-Mart department store, carrying a large purse. A security guard observed her looking at various small items for sale. At one point, Caldwell put her reading glasses in her purse, and the guard thought she might have been shoplifting. The guard approached her in the parking lot and accused her of taking store merchandise. The guard found no stolen goods in her purse but had her return to the store with him. They walked around the store for approximately 15 minutes, while the guard said six or seven times that he saw her steal something. Another store employee indicated she could go and Caldwell later sued. What kind of suit did she file, and what should the outcome be?
False imprisonment, and she will win.
Federal District Courts hear two types of cases ______ and ______
Federal question cases and diversity cases
a serious crime for which the defendant can be sentenced to one year or more in prison
Felony
bars the government from forcing any person to provide evidence against himself
Fifth Amendment
money that the defendant must give to the government, which is not shared with the victim
Fine
Which of the following are two of the most important goals of common law?
Flexibility and Predictability
Which of the following are three of the President's key areas of power?
Foreign policy, appointments, legislation
prohibits the government from making illegal searches and seizures
Fourth Amendment
the deception of another person for the purpose of obtaining money or property from him
Fraud
Which of the following are items for which compensatory damages may be awarded in a civil suit?
Future emotional injury and mental anguish Past emotional injury and mental anguish Future lost earning capacity Reduced ability to interact socially with family and friends Future medical expenses
gaining unauthorized access to a computer system
Hacking
Holt and Collins decide to have their dispute arbitrated by Corrales. Which of the following will NOT be a result of the arbitration?
Holt and Collins retain the right to a class action Are results: Holt and Collins give up the right to discovery Corrales need not give reasons for the decision Corrales will render a binding decision
Which of the following are two facts about the Bill of Rights?
Includes the first 10 amendments, guarantees liberties to individual citizens
A woman wishes to attend an all-male, publicly supported college. She claims the college is violating the Equal Protection Clause of the Constitution. What level of scrutiny will the court use when deciding this case?
Intermediate Scrutiny
Which of the following is not a lawmaking body but is so influential that many of its voluntary rules, such as the Incoterms, are accepted as the global standard in international business?
International Chamber of Commerce
Dolly has a baseball bat and a great deal of anger towards Peter. Which of the following is true:
It is possible for Dolly to batter Peter without assaulting him, and it is possible for Dolly to assault Peter without battering him.
Jim was a mechanic. One day when he attempted to weld a car's gasoline tank, it exploded and he was hurt. He filed to collect workers' compensation. His employer resisted on grounds that Jim had been negligent and had also violated the express regulations of the company when he attempted to weld a gasoline tank. Which statement is correct?
Jim can recover even if he was negligent and violated the employer's rules.
Tylice tumbles down a flight of stairs and breaks both wrists. Jordan stands at the top of the stairs watching an then walks away. Under the case of Carey v. Davis, Tylice is most likely to be successful in a suit against Jordan if:
Jordan is her employer
__________ refers to the Court's willingness to become involved in major issues and to decide cases on _____ grounds. ________ is the opposite: an attitude that courts should leave lawmaking to ______ and _________ a law only when it unquestionably violates the constitution.
Judicial activism. Constitutional. Judicial restraint. legislators. nullify
Article III
Judicial branch
Which of the following are two major factors courts consider when deciding whether to follow a decision from an earlier case?
Jurisdiction and Similarity of facts
something to which a defendant charged with a crime hat could result in a sentence of six months or longer has a right
Jury trial
the trespassory taking of personal property with the intent to steal it
Larceny
Laura intends to file a Title VII lawsuit against her employer. Which of the following is true?
Laura is required to first submit her claim to the Equal Employment Opportunity Commission.
Article I
Legislative branch
Which of the following are three reasons given by the court in United States v. Biswell for permitting the agency's actions?
Limited threats to the dealer's privacy, Unannounced inspections are essential, and An urgent federal interest
a less serious crime, usually punishable by a year or less in a county jail
Misdemeanor
Can the judge in a civil tort case send the defendant to jail?
No
Tammy-Lynne playfully ruffles her cousin Allan's hair at Thanksgiving. Allan hates it when people touch his hair, and he faints. Has Tammy-Lynne battered Allan?
No, because a reasonable person would not be offended by this.
You are a vice-president in charge of personnel at a large manufacturing company. In-house detectives inform you that Gates, an employee, was seen stealing valuable computer equipment. Gates denies the theft, but you believe the detectives and fire him. The detectives suggest that you post notices around the company informing all employees what happened to Gates and why. This will discourage others from stealing. Should you post the notices?
No, posting the sign could give rise to a claim of defamation.
After he is injured in an accident, Conrad successfully sues the driver and the trucking company. The jury awards him money for past lost earning capacity, past and future physical symptoms and discomfort, and past emotional injury and mental anguish. If Conrad's injuries require him to be out of work for much longer than anticipated, can he later file another suit against the driver and the trucking company for his unforeseen lost wages?
No, under the single recovery principle.
Zoe, who works as a retail clerk, wishes to talk with her coworkers about organizing a union. Her employer forbids her from talking with other workers about union activity in the presence of customers and threatens to fire her if she joins the union. Does the employer have a legal right to make this threat to Zoe?
No. An employer may limit the time and place of conversation, but may not threaten to fire the employee.
Adam moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Adam's friend, Diane, moved into the apartment he was served with eviction papers. Adam claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Adam right?
No. Constitutional protections do not extend to privately-owned apartment complexes.
Erica owns a waterfront home in South Carolina, and is interested to know what information South Carolina has about her property and her tax obligations. May Erica use the Freedom of Information Act (FOIA) to obtain this information?
No. FOIA may not be used to obtain information from state governments
In the United States v. Nosal case, the primary issue was whether:
Nosal had aided and abetted his former colleagues in violating the CFAA
Antifederalist
Patrick Henry. States should retain maximum authority. Power corrupts and should not be dispersed.
In Jones v. Clinton, the court held that
Paula Jones did not demonstrate the essential elements for her claim
In Texaco v. Pennzoil, Texaco's position was that
Pennzoil's agreement with the Getty Museum violated SEC rules.
Courts often have to interpret statutes. Which of the following are the three steps in a court's statutory interpretation?
Plain meaning rule, public policy, and legislative history and intent
In diversity cases ________ and ________
Plaintiff and defendant are citizens of different states, the amount in dispute exceeds $75,000 (6.2b)
Which statement about private international law is accurate?
Private international law applies to businesses and individuals.
Punitive Damages
Punish the defendant Deter similar conduct
What general guidelines has the Supreme Court set forth for awarding punitive damages?
Punitive damages should not exceed compensatory damages by more than a factor of nine.
________ is one of the most powerful and controversial statutes ever written.
RICO
Punitive Damage - 3 guideposts for the amount of the award:
Reprehensibility of the defendant's conduct 9-to-1 ratio Civil penalties imposed in similar cases
Which law establishes rules for treating both hazardous and nonhazardous forms of solid waste?
Resource Conversation and Recovery Act
the defendant must reimburse the victim for harm suffered
Restitution
Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Which of the following is true?
Roger can be prosecuted by the state for a criminal offense, and Jim may sue him for money damages.
Which law requires the EPA to set national standards for substances if they are potentially harmful to human health?
Safe Drinking Water Act
Sam, the chief executive officer of Boch Industries, was prosecuted for violating the Resource Conservation and Recovery Act. Which of the following is correct concerning the penalties?
Sam faces criminal fines as well as imprisonment
Which of the following are topics that are included under slander per se?
Sexual behavior Contagious disease Professional Abilities Crimes
Dan has a site on eBay where he sells various items. To get the most money for the items he sells, Dan often bids on his own goods in order to drive up the price. Dan is guilty of
Shilling
guarantees the right to a lawyer in all important stages of the criminal process
Sixth Amendment
Slander
Spoken defamation
Match the term with its definition: Subpoena Subpoena duces tecum Promulgate Legislative rule Interpretive rule
Subpoena - An order to appear at a particular time and place to provide evidence Subpoena duces tecum - Requires a person to produce certain documents or things Promulgate - To make a new rule or law Legislative rule - Requires businesses or private citizens to act in a certain way - much like statutes Interpretive rule - An explanation or clarification of what the law already requires
If there is a conflict between a state and federal law, generally the federal law will prevail because of the
Supremacy Clause
The doctrine of preemption is based on the Constitution's
Supremacy Clause
The ______ Court is the highest count in the country. The Court is comprised of ______ justices: one justice is the _______ justice and the rest are ________ justices.
Supreme, nine, chief, associate (6.2b)
Taterz Potato Chip Company posted a billboard along the highway with a photo of NBA basketball superstar LeBron Smith eating their chips. Smith was furious. He did not endorse the chips, and he did not want his fans to think he ate unhealthy snacks. Smith sues Taterz. What result?
Taterz is liable for commercial exploitation.
Which of the following limitations does NOT apply to the government in civil proceedings to take a person's liberty or property?
The Equal Protection Clause
Which of the following administers the day-to-day operations of the United Nations?
The Secretariat
What is a major argument by the United States against the GATT Treaty?
The United States competes against countries with unlimited pools of exploited labor.
What has been one consequence of the rise of electronic discovery?
The creation of a new industry devoted to help law firms sort through the vast amounts of data
A union declares it will be engaging in a partial strike whereby its employees will alternate between working for a period of time and then walking off the job for an indefinite time. Thus, employees may work for a few days or only a few hours before walking off the job again. The employer claims the union does not have the legal right to engage in a partial strike. Which statement is correct?
The employer is correct. The union must either strike or work—it cannot alternate between working and striking.
Which of the following are examples of what a defendant may show in order to establish a defense of justification?
The existing contact could be terminated at will The defendant was protecting an economic interest The defendant was acting in the public interest
In National Federation of Independent Business v. Sebelius, the Supreme Court held:
The federal government does not have the power to order people to buy health insurance. The federal government has the power to impose a tax on those without health insurance.
Monica is walking down a busy sidewalk. To her dismay, a piano falls out of a nearby window and crushes a man standing five feet away from her. Which of the following are the two best reasons Monica could offer in support of her argument that she owes the man no duty?
The holding in Osterlind v. Hill and the holding in Union Pacific Railway Co. v. Cappier
False imprisonment
The intentional restraint of another person without reasonable cause and without consent.
What two conditions must exist for federal courts to have diversity jurisdiction?
The plaintiff and defendant are citizens of different states, and the amount in dispute exceeds $75,000.
The police arrived at Otis's apartment one evening and demanded to look around "just to make sure nothing was happening." They had no warrant and had received no complaints about him. Which statement best describes this situation?
The police violated Otis's Fourth Amendment rights.
Which of the following are elements a plaintiff must establish to win a suit for tortious interference with a contract?
There was injury to the plaintiff The defendant knew of the contract There was a contract between the plaintiff and a third party The defendant improperly induced the third party to breach the contract or made performance of the contract impossible
Robert, a minor, buys a stereo from Jane for $200. State law allows a minor to disaffirm contracts within a reasonable time after turning 18. Robert disaffirms the contract the day after turning 18 and returns the stereo.
This contract was a voidable contract, Robert can disaffirm.
Tata Consultancy of Mumbai, India, is an international computer consulting firm. It spends considerable time and effort recruiting the best personnel from India's leading technical schools and has its employees sign an initial three-year employment commitment. Desai worked for Tata, but then quit and formed a competing company, Syntel. His new company contacted Tata employees, offering a higher salary and other perks. Several Tata employees accepted Syntel's offer and did not complete their three year obligation. Tata sued Syntel. What did it claim, and what should be the result?
Tortious interference with a contract, and Tata will win.
The law expects and allows businesses to compete aggressively.
Tru
A corporation can be found guilty of a crime based on the conduct of anyone acting on its behalf.
True
A person speaking in a legislative hearing can say whatever he wants and not be sued for defamation.
True
A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge. True or false?
True
A tort is a violation of a duty imposed by civil law.
True
Administrative agencies exist at both the federal, state and local level. True or false?
True
After being served with a summons and a copy of the complaint, a defendant usually files a pleading known as an answer, briefly replying to each allegation in the complaint. True or false?
True
Crimes categorized as a felony will result in a punishment of one year or more in prison if convicted.
True
Generally, mandatory arbitration provisions in a contract are valid. True or false?
True
If your roommate gives the police permission to search your house, that search is legal.
True
It is illegal to conspire to commit a crime even if that crime never actually occurs.
True
Most adjudications begin with a hearing before an administrative law judge and no jury. True or false?
True
Some congressional committees have more power and influence than others. True or false?
True
States pass statutes that govern that state only. True or false?
True
Summary judgment is appropriate when there are no essential facts in dispute. True or false?
True
The New York Times v. Sullivan rule now includes all public figures, like actors, and professional athletes, even if they are not involved in politics.
True
The court in Floyd v. New York City found that the police department's aggressive stop and frisk policy was unconstitutional.
True
The dormant Commerce Clause holds that a state statute that discriminates against interstate commerce is almost always unconstitutional.
True
The double jeopardy rule prohibits the government from prosecuting a defendant for the same particular crime more than once.
True
Tortious interference can occur even when there is no contract.
True
Under certain circumstances, it is legal for a store employee to detain a customer in a back office of the store.
True
When an employee suffers a serious injury on the job, the employer has a duty to assist the employee. True or false?
True
What is the primary trial court in the federal system?
U.S. District Court
_____________ are the primary trial courts in the federal system
U.S. District Courts
UN peacekeeping forces are sent into a developing nation to help the elected government resist an attempted coup by rebels. This action was ordered by the
UN Security Council
Libel
Written defamation
Can a person who commits a tort be sent to jail as a result of his conduct?
Yes
Madison purchases several 50-pound bags of mulch at the local gardening store. An employee carries the bags of mulch to Madison's truck and loads them into the back for her. Will Article 2 of the UCC govern the contract in this situation?
Yes, because the primary purpose of this contract is the sale of goods
A significant difference between a directed verdict and a judgment non obstante veredicto (JNOV) is that
a JNOV is granted after the jury reaches a verdict
answer
a brief reply to each of the allegations in the complaint
One of the factors leading courts away from a laissez-faire approach to contract law was
a change in relative bargaining power between parties to contracts.
Which of the following are available in litigation but not necessarily in arbitration?
a class action, a public written decision, discovery
A long-arm statute can be used only if ______
a defendant has had the minimum contacts with a state
Which of the following is NOT an example of a trial court of limited jurisdiction?
a general civil division court
default judgement
a judges ruling that the plaintiff wins without having to go to trial
Which of the following is NOT required to establish promissory estoppel?
a promise made by the plaintiff in response to the defendant's promise
What type of contract is a possible remedy for an injured plaintiff in a case with no valid contract, when the plaintiff can show benefit to the defendant, reasonable expectation of payment, and unjust enrichment?
a quasi-contract
Jason and Stacey posted a copy of their favorite movie, Frozen, on YouTube. When YouTube realized it was posted, it removed it to avoid breaking copyright laws and was not liable for the posting. This is known as
a safe harbor
complaint
a short, plain statements of facts alleged by the plaintiff
The court's ruling in Soldano v. O'Daniels is
a subtle change to a common law rule
Which of the following statements about torts is correct?
a tortious act may also be a criminal act
An American manufacturer has been asked to provide construction equipment to a foreign government. The contract is for a sizable amount, so the manufacturer wants to protect itself should the foreign government refuse to pay for the equipment once it has been delivered. What should the American manufacturer insist upon having if it wants to protect its right to sue the government in the event it does not pay for the goods?
a waiver of immunity
As a general rule, before conducting a search the police must have
a warrant
Select all of the technology-related police searches that require a warrant: a. Search your personal computer b. Intercept email in transit c. Search your online chat messages d. Attach a GPS tracking device to your car e. Read private Facebook profiles and postings f. Find out whom you have emailed g. Perform a DNA test on anyone they have arrested for a serious crime h. Find out what websites you have visited
a, b, d, e
Select the circumstances under which police may conduct a search without a warrant: a. Evidence is in plain view b. National security c. Stop and frisk d. Emergencies e. Automobiles f. Expectation of privacy g. No expectation of privacy h. Viewing tweets on Twitter i. Consent j. Lawful arrest k. Computers l. Cell phones m. Heat-seeking devices
a, c, d, e, g, h, i, j
Select the four major crimes that commonly affect businesses: a. Larceny b. Rape c. Arson d. Trespassing e. Kidnapping f. Fraud g. Embezzlement h. Murder
a, c, f, g
Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court
acted properly in this case.
Generally, constitutional protections do NOT apply to
acts of privately owned businesses.
What part of the U.S. government is so influential that it has been referred to as its fourth branch?
administrative agencies
A treaty is said to be _____ when those who have drafted it agree that it is in final form.
adopted
Administrative agencies provide expertise and flexibility, but their power and influence is controversial because
agency members are not elected by the people
affirm
allows the trial court decision to stand
A major difference between arbitration and mediation is that
an arbitrator has the power to impose an award
According to your text, the biggest change in litigation in the last decade has been
an explosive rise of electronic discovery
Jerry offers to shovel the snow from Ben's driveway for $35. Ben replies "OK." This is an example of
an express, bilateral contract
Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and decided that they should be made available to the plaintiff. The judge made
an in camera inspection
If Cub Cadet wins a trademark infringement suit by proving the defendant's trademark Kub Kadet is likely to deceive customers about who made the goods, Cub Cadet is entitled to
an injunction to prevent further infringement.
parties are entitled to discover ______________.
anything that could reasonably lead to valid evidence
Common law is judge-made law. It is the sum total of all the cases decided by:
appellate courts
unlike mediation, ______ ensures that there will be a ______, although the parties ________
arbitration. final result. lose control of the outcome
Secondary boycotts
are generally illegal.
Miraval takes her son for a picnic. They believe the land they are on is part of a public park, but in fact it is owned by a private party. She and her son
are trespassing
Lori and her friends burn an American flag as an act of political protest. Lori is arrested for violating a state law that prohibits flag burning. The Supreme Court has ruled that laws making it illegal to burn an American flag
are void because they violate a person's right to freedom of speech
If the government finds that a company has hired illegal workers (that is, individuals who are unauthorized to work in the United States) the government may
arrest both the employees and the employer
Sid burned his own warehouse in an attempt to collect on a fire insurance policy. Sid has committed
arson since he maliciously used fire to damage or destroy personal property.
The number one source of consumer complaints about online fraud is
auctions
Why might a defendant be indicted but not found guilty of any crime? a. Because defendants do not yet have a lawyer to represent them b. Because the grand jury never hears the defendant's evidence c. Because civil cases have a lower burden of proof
b
What statements below would complete the following statement? A defendant can be convicted of taking part in a conspiracy if _______________. Select all that apply. a. the conspiracy was more than halfway completed b. some member of the conspiracy voluntarily took a step toward implementing it c. the members of the conspiracy voluntarily took a step toward implementing it d. there was a potential conspiracy e. a conspiracy existed f. at least one defendant knew about the conspiracy g. the defendants knew about the conspiracy
b, e, g
In Jones v. Clinton the court granted summary judgment for the defendant
because the plaintiff failed to make out a claim of sexual harassment
Denzil was one of 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to
become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed.
Denzil was one of 50,000 people defrauded of $4o in an advertising scam. His best course of action to recover his money is to
become part of class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed
Miranda v Arizona
began a major reappraisal of the states police powers, and the rights of criminal suspects
arbitration
binding. third party can render a decision. final decision is always rendered
blah
blah
The party with the ______ puts on their case _____ at the trial
burden of proof. first
In a civil case, the plaintiff must prove the case
by a preponderance of the evidence
Select the potential remedies for a plaintiff in a civil RICO suit. Select all that apply. a. Forfeit property derived from the criminal act b. Prison time c. Attorney's fees d. Treble (triple) damages e. Injunctions
c, d, e
If the police discover a plot to commit a crime, they
can arrest the defendants before any harm has been done
Fresh Air, a nonprofit environmental organization, believes that Cincy Co. is violating the Clean Air Act. The EPA has not taken any action against Cincy Co. In this instance, Fresh Air
can file a citizen suit against the EPA.
The Framers wanted the Constitution to last for centuries, and understood that would only happen if the document was
changeable.
modify
changes some aspect of the trial courts decision
The Toxic Substances Control Act regulates
chemicals other than pesticides, foods, drugs, and cosmetics.
Notren, Inc., a U.S. company, and SWT, a Singapore company, entered into a contract under which SWT is to ship party supplies to Notren. One of the terms of the contract states, "Any disputes that arise under this contract will be resolved in the courts of Singapore." This contract term is a
choice of forum clause
Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well-being is more important to him than the job, so he does not accept the position. LaPrise
committed tortious interference with a prospective advantage.
A civil case generally proceeds as follows:
complaint, answer, discovery, trial, verdict
At trial, judges look to see if, at the time of the alleged crime, the corporation had a(n) ___________________ in place. If so, it could result in a major ______________ in any potential fine.
compliance program, reduction
The U.S. Constitution is based on ______.
compromises about power
Taking or using someone's personal property without consent is referred to as
conversion
Sometimes a defendant does more than merely answer a complaint but also files a ________, which is a second lawsuit by the defendant against the plaintiff
counterclaim
It is the grand jury's job to determine whether __________________. a. the prosecutor proved the defendant's guilt by a preponderance of the evidence b. the prosecutor proved the defendant's guilt beyond a reasonable doubt c. the defendant has proven by a preponderance of the evidence that she did not commit the crime d. there is probable cause that the defendant committed the crime with which he or she is charged
d
Judicial review can best be described as the power of a federal court to
declare a statute or governmental action unconstitutional and void
Roberto sued Monica for injuries received in a traffic accident. If Monica does not respond to the complaint and summons served by Roberto within the prescribed time limits, Roberto may obtain a
default judgment
The __________ bears the burden of proving __________________________ that the defendant acted ______________, that is, that the defendant was forced to commit a crime.
defendant, by a preponderance of the evidence, under duress
A lawyer may question the opposing party, or a potential witness in person and under oath in a
deposition
The Fourteenth Amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation
differentiates on the basis of race.
When a lawyer asks questions of her own witness at trial it is _________. When a lawyer asks questions of an opposing witness at trial it is _________.
direct examination. cross examination
After the plaintiff has presented her case, the defendant may be granted a
directed verdict
one theory behind ____ is that the best outcome to civil ______ is a _____ and that parties will move toward agreement if they understand the opponents case. That result is likeliest to occur if both sides have an opportunity to _____ their opponents _____.
discovery, litigation, negotiated settlement, examine, evidence
Lamont is an African-American male. His employer tends to give him low-level tasks at work because he does not believe African-Americans are as skilled as other ethnic groups. Under Title VII, Lamont's employer is engaging in which illegal activity?
disparate treatment
There are four types of illegal activity under the Civil Rights Act of 1964. Which choice lists these four?
disparate treatment, disparate impact, hostile environment, and retaliation
Mega Corp. hired permanent replacement workers when its union went out on strike seeking better medical and retirement benefits. After the strike is over, Mega Corp.
does not have to give the striking employees their jobs back since this was an economic strike.
In states that distinguish between economic and non-economic damages, the jury may award any amount for __________ damages but ____________ damages are generally capped.
economic non-economic
The biggest change in litigation in the last decade has been an increase in
electronic discovery
Martin owes Vlad $1,000. He knows that his friend Alexandra is having coffee with Vlad that afternoon, so he gives Alexandra $1,000 and asks her to give it to Vlad when she sees him. Alexandra agrees, and then keeps the money for herself. Alexandra is guilty of .
embezzlement
The fraudulent conversion of property which is already in the defendant's possession is
embezzlement
Which of the following is considered a felony?
embezzlement
Midori owned a home in Lexington, Kentucky. The city wanted her property to build a parking garage as part of a redevelopment. Even though Midori did not want to move, the city took her house (and provided her with compensation) through the power of
eminent domain
When the government induces the defendant to break the law, it is known as
entrapment
Roe v Wade
established certain rights to abortion
Marbury v Madison
established judicial review
Under the _________________ any evidence the government acquires illegally may not be used at trial.
exclusionary rule
Mike made the following offer to Mick: "I will pay you $500 if you agree to paint my house." Mick replied that he would. At this point, the contract is an
executory, bilateral, express contract.
Intellectual property is
expensive to produce but cheap to reproduce and transmit.
Cases heard in the appellate court sometimes, but not always, have a jury. (true/false)
false
Cases litigated in trial court always have a jury. (true/false)
false
During discovery, each side may only request physical documents from the other.
false
Each state has exactly one federal district court (true/false)
false
From the 1950s to the 1970s, the Supreme Court exercised considerable judicial restraint, and was reluctant to decide social issues on constitutional grounds.
false
In Legends Are Forever, Inc. v. Nike Inc. the court considered the huge difference in the financial positions of the parties when making its decision.
false
Of all the forms of dispute resolution, arbitration probably offers the strongest "win-win" potential.
false
Witnesses sometimes, but not always, testify at cases in appellate court. (true/false)
false
Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is
federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
Federal question cases are based on _____
federal statute
If a victim wants to be compensated for tortious conduct, how does he go about doing that?
file a civil lawsuit
A party that wants the Supreme Court to review a lower court ruling must
file a petition for a write of certiorari
The Supreme Court will not grant a writ of certiorari unless
four of the nine justices vote in favor of hearing the case.
Marcel sells Andrew a quarter of an acre of farm land for $7,000. Andrew is delighted. Andrew does not realize that Marcel never actually owned the land, so it was not his to sell. In fact, Marcel has already "sold" that particular parcel of land to two other unsuspecting people. Marcel has committed
fraud
Ours was the first nation in modern history founded on the idea that the people could
govern themselves democratically
If the facts at trial weigh heavily in favor of one side in a case it may be appropriate for the judge to
grant a motion for a directed verdict
Which of the following must a mediator accomplish to be successful?
guide the parties toward settlement, earn the trust of both parties, be neutral
In International Shoe Co. v State of Washington, the Supreme Court held that the International Shoe could properly be sued in Washington because the company __________
had minimum contacts with the state
An express contract
has both parties setting forth their intentions.
When an appeal is filed with the U.S. Supreme Court, the Supreme Court
has discretion as to which cases it hears
For a defendant to be found guilty of a crime, he must
have committed a voluntary act
Thomas Jefferson believed that the most solid basis for a "free, durable and well-administered republic" was to
have two legislative bodies.
Economic damages
include lost wages and medical expenses.
Non-economic damages
include pain and suffering.
One day, while drawing a patient's blood, nurse Athena accidentally pricks herself with the needle that she had just used on the patient. Rebecca, another nurse at the hospital, warns Athena that the patient has Hepatitis C, a virus that can spread through a shared needle. Athena becomes visibly distraught and Rebecca tells nurse Edwin that Athena now has Hepatitis C. In fact, Rebecca made the whole thing up. She knew the patient had no such illness and just wanted to embarrass her co-worker. Rebecca may be found liable for:
intentional infliction of emotional distress and slander.
When an award of punitive damages is made, it is generally in a case involving a(n)
intentional tort
Connor sells a baseball on eBay that he claims is signed by Babe Ruth. In fact, Connor has forged the signature on the baseball. Connor is guilty of
internet fraud
After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called
interrogatories
A lawyer for the defense submits a question for the plaintiff to answer in writing under oath. This is a(n)
interrogatory
Which of the following is NOT a component of money laundering?
investing profits back into the company
An inmate in a state prison claims his U.S. constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case
is a federal question case over which the federal courts have jurisdiction.
A jury decision in a civil case
is achieved by informal deliberations
Racketeering mainly involves what type of criminal acts?
ishonest and fraudulent business dealings
A warrant will be issued only if there is probable cause. Probable cause means that, based on all the information presented,
it is likely that evidence of a crime will be found in the place to be searched
Article 1, section 8 is a critically important part of the Constitution because
it lists the types of statutes that congress is allowed to pass
An advantage of the predictability of common is
it makes the law knowable, and allows people to plan accordingly
_______ and ______, determine the ______ of a particular dispute. Judges apply the _____ provided by earlier _______.
judges, juries, fact(s), law(s), appellate court(s)
The Supreme Court's approach during the period from the 1950s through the 1970s in deciding cases on constitutional grounds is described as
judicial activism
The idea that courts should not be heavily involved in lawmaking, but rather should only rule in cases where the constitutionality is clear is known as
judicial restraint
What is the correct order in which a jury trial is conducted?
jury selection--opening statements--plaintiff's case--defendant's case--closing arguments and instructions--verdict
A defendant in a suit regarding tortious interference with a contract can claim that special circumstances made its conduct fair. This is the defense of _______________.
justification
Martin owes Vlad $1,000. Because he is seeing Vlad that afternoon, he withdraws $1,000 from the bank and puts it on his kitchen counter so he can give it to Vlad later that day. Martin's houseguest Alexandra sees the money on the counter and takes it for herself. Alexandra is guilty of
larceny
Under the Foreign Corrupt Practices Act, once you have been granted a visa, it is ________________ to pay a government official to process it faster.
legal
Agencies promulgate two types of rules:
legislative and interpretive
Congress passes a statute making it illegal for amusement parks to capture young wild sea mammals for display. An administrative agency promulgates a rule forbidding amusement parks from separating sea mammals born at the park from their mothers for more than an hour until the baby is at least three years old. The agency rule is an example of:
legislative rule
Stare decisis means
let the decision stand
Written defamation is _____; oral defamation is _______.
libel; slander
The police have a right to search any area in which the defendant does not have a reasonable expectation of privacy. Which of the following, however, requires the police to obtain a search warrant?
listening in on a telephone conversation or searching the digital contents of a cellphone
If a large corporation is being sued by a much smaller entity, the corporation may _______ which is a form of gamesmanship that has become more prevalent in the last decade
make e-discovery prohibitively expensive
Which of the following are the three types of power that administrative agencies use to do the work assigned to them?
make rules, adjudicate, investigate
Criminal law is a balancing act, between _______________________ and protecting us all from ____________________ and unfair punishment.
making society safe, false accusations
Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?
mediation
___________ is the fastest growing method of dispute resolution in the United States.
mediation
A local school district had a policy that it would not hire bus drivers who had been convicted of driving while under the influence of alcohol. Sven claimed that this practice violated the Equal Protection Clause by unfairly excluding everyone who had been found guilty of DUI. Which standard will the court use to review the bus company's practice?
minimal scrutiny
Noncompetition agreements are
more common today than they were in the past, although policy issues they raised in the 1700s have never gone away.
______ is a formal request to the court
motion
Ernest invents a novel, useful, nonobvious product. He
must apply for a patent within one year of selling the product commercially.
A summary judgment occurs when
no trial is necessary because the essential facts are not in dispute
mediation
non-binding. third party cannot render a decision. more than 75% of cases reach a voluntary settlement.
reverse and remand
nullifies the lower courts decision and returns the case to the trial court for a new trial
In real trials, the lawyers know in advance the answers to practically all questions asked because
of discovery
During their ________ lawyers speak directly to the jury and summarize the proof he or she expects to offer during the trial.
opening statements
Brown v Board of Education
ordered an end to racial segregation in public schools
If Congress disagrees with a judicial interpretation of a statute, the legislators may:
pass a new statute to modify or "undo" the court decision
A ______ may start a lawsuit in a court that has both ______ and personal _______ over that kind of case.
plaintiff, subject matter, jurisdiction
When there is no ________________ the case must go to trial.
plea bargin
The documents that begin a lawsuit are called the _______. The most important are the _____ and the _________.
pleadings, complaint, answer
discovery
pre-trial opportunity for both parties to learn the strengths and weaknesses of the opponents case
The Court's reasoning in New York Times Co. v. Sullivan emphasized the importance of
preserving free debate
Under Superfund legislation, to what extent must a hazardous waste site be cleaned?
pristine condition, regardless of cost
It is easier for a _______________ to win a suit for defamation than it is for a _____________ to succeed in a similar suit because ____________ do not have to prove ___________.
private individual public office private individuals actual malice
When legislators perceive that social changes have led to new criminal acts, they may
propose a new bill
Which of the following would be a reasonable accommodation under the ADA?
providing part-time schedules to accommodate the disabled worker
Punitive damages
punish the defendant for conduct that is extreme and outrageous.
Which of the following can never be a bona fide occupational qualification?
race
Pursuant to the holding in the International Shoe Co. v. State of Washington, the Due Process Clause of the Constitution requires _________ of courts when exercising jurisdiction
reasonable fairness
Administrative agencies were created to respond to the need for:
regulation
In Skilling v. United States, the Supreme Court
rejected the government's broad interpretation of the honest-services statute
The single recovery principle
requires a court to settle the matter once and for all by awarding a lump sum for past and future expenses.
When a judge orders a criminal defendant to reimburse the victim, it is called
restitution
Compensatory damages
restore the plaintiff to the position he was in before the defendant's conduct caused an injury.
The Miranda warning insures that the criminal suspects understand their constitutional rights relating to
self incrimination
Once Congress passes a bill, it is
sent to the president to sign or veto
Which of the following traits is NOT currently protected under Title VII?
sexual orientation
Sam threatened to harm Alecia's daughter if she did not agree to help him rob a convenience store. It is likely that a jury would find Alecia not guilty of a crime in this case because
she was acting under duress
Dan has a site on eBay where he sells various items. To get the most money for the items he sells, Dan often bids on his own goods in order to drive up the price. Dan is guilty of
shilling
Conduct becomes criminal when
society outlaws it
An email scam that involves personalized messages sent from someone the victim knows is called
spear phishing
Under the Clean Air Act,
states and the EPA were to act as partners wherein the individual states would formulate State Implementation Plans to meet primary and secondary standards created by the EPA.
Most new law is
statutory
Kennedy v Lousiana
struck down as unconstitutional a state statute that permitted the death penalty for a defendant convicted of rape
What types of jurisdiction are required for a court to hear a particular case?
subject matter jurisdiction, personal jurisdiction
A form of due process that holds that certain rights are so fundamental that the government may not eliminate them is referred to as
substantive due process
A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.
summary judgement
a _________ is a ruling by the court that no trial is necessary because some essential facts are not in dispute.
summary judgement
A (1) is a ruling by the court that no trial is necessary because there are no essential facts in dispute
summary judgment
The individual mandate of the Patient Protection and Affordable Care Act was upheld under the
taxing and spending clause
A criminal defendant has a right to a trial by jury for any charge
that could result in a sentence of six months or longer
In Roe and Doe v. Mills, the Court weighed most heavily
that the defendants' conduct might be considered outrageous
Many of the protections for those accused of a crime are found in _____________________.
the Bills of Rights
The United States and Argentina have signed the Convention on Contracts for the International Sale of Goods (CISG). Oxtron, Inc., a U.S. company, and Leer, an Argentinean company, have entered into a contract under which Oxtron is to ship medical devices to Leer. The contract does not include a choice of law provision. The contract will be governed by
the CISG
What legislation did Congress pass in 1932 that prohibited federal court injunctions in nonviolent labor disputes, thereby declaring that workers should be permitted to organize unions and use their collective power to achieve legitimate economic ends?
the Norris-LaGuardia Act
Which statute prohibits discrimination on the basis of disability by the federal government, federal contractors, and all entities that receive federal funds?
the Rehabilitation Act of 1973
presumes that by putting a witness on the stand and letting both lawyers question him, the truth will emerge.
the adversarial system
Most arsons occur primarily because
the arsonist hopes to recover on insurance policies to help with financial difficulties
The Exxon Valdez decision may not be particularly influential on future cases because
the case involves maritime law
Which of the following are the major issues that arose under the Articles of Confederation?
the central government had no way to raise money, the central government could not tax the states, the central government had no power to regulate commerce between the states
All of following must be included in a federal Environmental Impact Statement EXCEPT
the cost of implementing the proposed action.
pleadings
the documents that begin a lawsuit
WingIt is a major distributer of birdseed. With promises of higher salaries and bonuses, the company lures two top executives from Starling, Inc., a much smaller competitor. Starling sues. WingIt should argue that _________________________.
the employees did not have contracts with Starling.
The most common punishment for a corporation is a fine. However, a major criticism of this practice is that
the fines are too small to make an impact on the business
If the government imposes a fine on a defendant, the money goes to
the government
Only ______________________ can prosecute a crime and punish a defendant by sending him or her to prison.
the government
In a criminal case, when _______________ induces the defendant to break the law, __________________ must prove ______________________________ that the defendant ______ predisposed to commit the crime.
the government, the prosecution, beyond a reasonable doubt, was
in camera inspection
the judge views the requested documents alone
As a general rule, both plaintiff and defendant have a right to demand a jury trial when
the lawsuit is for money damages
A misdemeanor is distinguished from a felony based on
the length and place of possible imprisonment.
Congressional committees hold hearings to investigate
the need for new legislation
An employer may be liable for an employee's sexual harassment if
the plaintiff suffered a "tangible employment action" such as firing or demotion.
If the court grants the defense's request to perform a physical exam on the plaintiff it is because
the plaintiffs physical condition is likely to be relevant to the dispute
At trial, the judge refuses to admit very strong evidence against the defendant, because the evidence is "the fruit of the poisonous tree." This likely happened because
the police obtained the evidence in an illegal search
Extraterritoriality can be defined as
the power of one nation to impose its laws in other countries
To reach a verdict in a civil trial,
the requirements vary by state
When questioning witnesses lawyers must follow
the rules of evidence
If a jury returns a verdict for the prosecution and the defendant is fined, the money goes to ____________.
the state
A seller's form clearly states no warranty is included. The buyer's form states that the seller warrants the goods for one year. In this case
the warranty term is a "different term," and the majority of states hold that a contract can be formed but the contradictory terms cancel each other out.
In the Tarasoff decision, the court emphasized that
therapists need only show a degree of skill, knowledge, and care generally exercised by member of their field.
The primary purpose of RICO was
to be a tool against organized crime
The primary purpose of RICO was
to be a tool against organized crime.
Rodney was employed by Deluxe Discount Store. Rodney's manager directed him to check the prices of dog food at Huge Savings Store. The manager of Huge Savings Store saw Rodney writing down prices and asked him to leave. Rodney, fearful that he would be fired by Deluxe, refused to leave. Rodney committed the tort of
trespass
The party that loses at the _____ generally ______ to be heard at the _______. The party filing tha appeal
trial court, is entitled to, intermediate court of appeals, appellant, appellee
Alternative dispute resolution is generally cheaper and faster than litigation.
true
Efficient and fair litigation cannot take place in a courtroom filled with surprises.
true
If a plaintiff is seeking an equitable remedy, neither the plaintiff nor the defendant has a right to a jury trial.
true
Parties that arbitrate disputes on televised court shows like Judge Judy cannot take their case to court afterwards if they do not like the TV judge's ruling. Therefore, these shows are an example of arbitration.
true
Reverse
turns the loser of the trial court decision into the winner
Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact, Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct
violates the Lanham Act
The process of selecting a jury is called ______, which means _______. Each lawyer may make a(n)__________ number of _______, claiming that juror has demonstrated probable bias, and a(n) ______ number of __________ , entitling him to excuse that juror for virtually any reason, which need not be stated in court.
voire dire. speak the truth. unlimited. challenge for cause. limited. peremptory challenges
When does a criminal defendant have the right to a trial by jury?
when faced with a charge that could result in a sentence of six months or longer
In an entrapment case, the goal is to separate the cases
where the defendant was innocent before the government tempted him or her from those where the defendant was only too eager to break the law
Miguel reprogrammed a smartphone so that it intercepted electronic funds transfers and rerouted them to his bank account. What crime has he committed?
wire fraud