BA 325 Homework answers

Frank slips and falls on Guy's Harbor Tour Boat and is seriously injured. Frank files a suit against Guy's for $500,000. If Frank is 20 percent at fault and Guy's is 80 percent at fault for Frank's injury, under the "50 percent rule" comparative negligence principle, Frank would recover:

$400,000

California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be:

An unconstitutional restriction of speech.

Which of the following types of cases are within the exclusive subject-matter jurisdiction of the state courts?

Divorce and adoption cases

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he:

Does not have Bella's permission to drive on the property.

In the case Ernst & Young v. Morris, the Supreme Court held that Morris could proceed in court with his class action on behalf of a class of "junior accountants" whom he alleged the firm had wrongfully denied overtime wages, despite the fact that Morris and the other junior accountants had signed mandatory arbitration agreements with Ernst & Young at the beginning of their respective employments that required them to arbitrate on an individual basis any future claims they had against the firm relating to their employments.

False

True or False? A CEO who subscribes to the shareholder value theory of business purpose is likely to be just as concerned about the effect that offshoring manufacturing will have on the local workforce and local community as an adherent of corporate social responsibility theory.

False

True or False? A decision of a state supreme court can always be overruled by the United States Supreme Court, no matter what source of law dictated the decision in the case.

False

True or False? A dissenting opinion authored by a justice of the U.S. Supreme Court who disagrees with the majority's decision in the case has the force of law.

False

True or False? According to German philosopher Immanuel Kant, individuals should evaluate their actions in light of the consequences that would follow if they were the only members of society that acted in that way.

False

True or False? In Masterpiece Cake Shop v. Colorado Civil Rights Commission (2018), the U.S. Supreme Court ruled that the owner of the shop had violated the rights of a gay couple by refusing on religious grounds to bake a cake for their wedding.

False

True or False? In mediation, the mediator imposes a decision with which both sides must comply.

False

True or False? The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

False

The suppression of class-action lawsuits through requiring job candidates, as a condition of employment, to sign mandatory arbitration agreements that contain class-action waiver provisions will likely have which of the following results?

Fewer employees will have wage claims brought on their behalf

Hubert Horan, in his article The Airline Industry After COVID-19: Value Extraction or Recovery? -- which your professor summarized in a reading assigned for Class 1 -- criticizes the executives of the "Big Four" airline companies (United, Delta, Southwest, American) for which of the following:

Having spent excessive amounts of corporate funds on stock buybacks.

The power of the courts to determine the constitutionality of legislation is referred to the power of "judicial review." What is the source of this power?

In the early 19th Century, the Supreme Court declared in one of its opinions that it had the authority to determine the constitutionality of legislation

Which of the following is NOT an element of a negligence claim?

Intent

Which of the following is true of the so-called "Dormant Commerce Clause"?

It is a judicially created doctrine that holds that the federal government possesses the exclusive authority to regulate interstate commerce

For a state court to exercise long-arm jurisdiction over a corporate defendant that is located out of state, the corporate defendant must have which of the following connections with the state?

Minimum contacts

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is:

Not fraud or negligent misrepresentation because it represents "puffery."

According to the view that New Allied Manufacturing Corporation is a "citizen," New Allied is expected to:

Participate in bettering communities and society.

To have standing to sue, a plaintiff must establish which of the following?

That they have suffered a harm as a result of the action about which they complain and controversy that is real and substantial, as opposed to hypothetical or academic.

In Employment Division v. Smith (1990), Smith asserted that the state of Oregon had violated his First Amendment right to freely practice his religion by denying him unemployment benefits because he was fired for using a controlled substance, peyote, in a religious ceremony sanctioned by his church. Writing the majority opinion in the case, Justice Scalia held that the state's action was constitutional because it was enforcing a "neutral law of general applicability." In articulating this standard, Scalia expressed concern that exempting some religious practices from generally applicable laws, but not others, would violate which clause of the Constitution?

The Establishment Clause.

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on:

The content of the statute

On a negligence claim, if the trial court judge determines that the defendant owed no duty of reasonable care to the plaintiff, what then happens to the case?

The court (judge) will dismiss the case before it ever reaches a jury

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

The most people

At one point, Costco had a social media policy that specified that its employees should not make statements that would damage the company, harm another person's reputation, or violate the company's policies. Which of the following statements about this policy is true?

The policy violated Costco employees' right to engage in concerted activities to discuss and try to improve their working conditions.

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under:

The state's police powers

True or False? An exception in the Foreign Corrupt Practices Act permits companies to pay small amounts to minor foreign officials to facilitate or speed up the performance of administrative services (such as approval of a construction permit).

True

True or False? Compliance with the law does not necessarily fulfill all ethical obligations.

True

True or False? In 2019, the Business Roundtable released a statement that disavowed the concept of shareholder primacy and stated that executives should consider the interests of all affected stakeholders when making important business decisions.

True

True or False? In Del Lago v. Smith, one of the legal principles favoring Del Lago was that a bar owner owes no duty to protect a patron from another patron, as a general rule.

True

True or False? In the coming years, we are likely to see more cases like Masterpiece, where business owners assert that strict application of anti-discrimination statutes violate their right under the First Amendment to freely exercise their religious beliefs.

True

True or False? More than 50% of private-sector employees are now required to waive their jury rights as a condition of employment.

True

True or False? Statements made by parties and their attorneys in judicial proceedings benefit from an "absolute privilege," meaning that they cannot give rise to a valid claim for defamation.

True

True or False? The First Amendment (as interpreted by the Supreme Court) protects corporate political speech.

True

True or False? The Fourteenth Amendment guarantees a right to due process of law.

True

True or False? The legal test to determine if a defendant owed a duty of care to the plaintiff revolves around the concept of "foreseeability"?

True

In making decisions for Smartt Investments, Rita uses a cost-benefit analysis. This is a part of:

Utilitarian ethics

A "licensee" is defined as:

a person with permission to be on the owner's property for non-commercial purposes.

Professor Dan loses a trial in Oregon state court but appeals his case to the Oregon Court of Appeals. Which of the following is true of his appeal?

the appellate court judges are limited to considering the evidence presented at trial