BA325 HW ch. 1-5 hw questions

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

According to James Bresseau's Three Theories of Corporate Social Responsibility, corporate social responsibility (CSR) theory differs from shareholder value (SHV) theory in which of the following ways? CSR holds that a corporation should comply not only with the letter of the laws, but also with their "spirit" (i.e., their broader objectives). CSR holds that corporations have ethical responsibilities that extend beyond their financial and legal responsibilities. While CSR holds that corporate decisionmakers have an ethical obligation to pursue profitability, it does not necessary require maximization of profits. All of the above.

All of the above.

Which of the following are potentially protectable as trade secrets? Customer lists. Pricing information. Marketing techniques. All of the above.

All of the above.

Which of the following does a plaintiff need to prove to succeed on a copyright infringement claim? That the work the defendant infringed was original. That defendant copied the plaintiff's original work. That the defendant's copying made substantial use of the plaintiff's original work. All of the above.

All of the above.

A landowner owes the highest duty of care to which of the following parties present on her land?

An invitee.

Why might a company wish to protect certain intellectual property using trade secret law, instead of filing for a patent?

Because trade secrets can be maintained indefinitely, whereas patents eventually expire.

According to Milton Friedman, which of the following actions by a corporation's CEO would violate her responsibilities to the company's shareholders? Refraining from increasing the price of a product, even though the market would bear it, to contribute to the social objective of containing inflation. Committing the company to hiring long-term unemployed persons, in lieu of more qualified candidates, to contribute to the social objective of reducing poverty. Both of the above. Neither of the above.

Both of the above.

Elvin publishes a book titled First Place, which includes a chapter from Frank's copyrighted book Olympic Winners & Losers. Elvin's use of the chapter is actionable (i.e., gives rise to a valid copyright infringement claim) only if:

Elvin lacks Frank's permission.

True or False? Because an intentional tort requires intent, a harmful motive is required.

False

True or False? It is possible to copyright an abstract idea.

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. (T/F)

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? A trademark infringement action cannot succeed if the plaintiff has not registered the trademark.

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 mandatory arbitration agreements will likely have which of the following results?

Fewer employees will have wage claims brought on their behalf.

Which of the following is NOT an element of a negligence claim? Causation Intent Breach Damages

Intent

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.

RiteMade Machinery, Inc., designs, makes, and sells a unique drill press. Steel Equipment Company copies the design without RiteMade's permission. Which of the following must RiteMade prove to recover against Steel for patent infringement?

That RiteMade's design is patented.

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.

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.

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.

Ross, an employee at Super Snowboard Company, is laid off. Before he exits Super's building, he e-mails the company's marketing campaign document to Winter Sports Corporation, Super's competitor, without permission. The document is clearly marked "CONFIDENTIAL - Do not share outside of the company!" Ross's actions mostly likely constitute which of the following?

Trade secret misappropration.

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 use of a person's likeness for commercial purposes without permission gives rise to a tort claim for invasion of privacy

True

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.

True.

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. (T/F)

True.

True or False? A deposition is sworn testimony by a party to a lawsuit or any witness.

True.

True or False? A plaintiff can prove the "copying" element of a copyright infringement claim by establishing that the defendant had access to the plaintiff's original work and that the defendant's work and plaintiff's work are substantially similar.

True.

True or False? A state long-arm statute allows a court to exercise jurisdiction over out-of-state defendants based on activities that took place within the state.

True.

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

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? The First Amendment protects corporate political speech.

True.

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

True.

True or False? To be patentable, an invention must be non-obvious in light of current technology, such that it is not merely the next logical step in the evolution of that technology.

True.

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.

Carol files a suit against Andy in a state trial court and loses. Carol:

can have her case reviewed by the state appellate court.

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.

Hubert Horan, in his article The Airline Industry After COVID-19: Value Extraction or Recovery?, 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.

Tami's Tasty Tacos files a suit against the state of Texas, claiming that a Texas state law violates the Dormant Commerce Clause. The court will agree if the statute imposes a substantial burden on:

interstate commerce.

A Montana state court can exercise jurisdiction over Endurance Insurance Corporation, an out-of-state defendant, if the defendant has:

minimum contacts with the state.

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

participate in bettering communities and society.

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.

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

the content of the statute.

Precision Engineering Inc., like other corporations, is subject to laws that are broad in their purpose and their scope. Compliance with these laws is not always sufficient to determine "right" behavior because:

the law does not codify all ethical requirements.

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.

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is:

the selection of jurors.

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

utilitarian ethics.

PriceLess Retail Corporation specifies that its employees should not use social media to damage the company, harm another person's reputation, or violate company policies. An employee who violates these rules may be subject to discipline and could be fired. According to the National Labor Relations Board, this social media policy:

violates federal labor law.