Business Law 1 Test 1

parties that seek to challenge agency action must

-have standing -have exhausted their administrative remedies -be a party injured by the agency action

After an FOIA request has been made, an agency has __________ working days within which to indicate whether it intends to comply.

10

A decision of the Supreme Court of Washington would always be binding on:

A state trial court in Washington

If a Middle Eastern culture and the American culture differ as to the morality of a particular action, under ethical relativism:

Both cultures are correct

Most long-arm statutes allow courts to obtain jurisdiction over nonresident defendants if:

Both of these

a principal factor that courts consider in determining limitations on the causal connection between the defendant's negligence and the plaintiff's injury is:

Both unforeseeable consequences and superseding causes are factors.

Which of the following is/are considered in determining the application of the reasonable person standard?

Each

The intermediate equal protection test:

Eliminates the strong presumption of constitutionality that exists under the rational relationship test

The Government in the Sunshine act covers all but which

Environment Protection Agency

what constitutional principle requires that similarly situated people be treated similarly by government?

Equal protection

The President of the US has the authority to issue laws, which are called:

Executive orders

Critics of business offer all but which of the following arguments to support their contention that business must help resolve societal problems?

Expertise

The __________ and __________ Amendments respectively prohibit the federal and state governments from depriving any person of life, liberty, or property without due process of law.

Fifth and Fourteenth

which amendment prohibits the government from depriving any person of life, liberty, or property without due process of law.

Fifth and Fourteenth

Because defamation involves a communication, the protection extended to speech by the ____ Amendment applies.

First

Carl threw a bomb into the office of his insurance agent, intending to kill the agent because the company had disallowed his claim. The agent wasn't in the building, but the bomb seriously injured his secretary, who was working in the office.

If Carl knew the secretary was in the office, even if he didn't intend to injure her, his intent to harm the agent is transferred to the secretary who can sue Carl for her injuries with an intentional tort cause of action.

For the purposes of procedural due process, __________ includes certain entitlements conferred by government, such as social security payments and food stamps.

Property

the Fourth amendment

Protects against unreasonable search and seizure

which of the following may a US court of appeals not do in ruling on a case?

Rehear the case by taking testimony of the witnesses

A Constitution:

Restricts powers of government, specifically enumerates certain liberties of the people, establishes governmental structure

Sarah joined a religious cult while a student at college. Her father hired a deprogrammer who spent several weeks with her, during which they occasionally went on outings. After Sarah met with her boyfriend one weekend, she rejoined the cult and sued her father and the deprogrammer for false imprisonment. In this case

Sarah will lose because she was not confined within fixed boundaries, she was not harmed by the deprogrammer's presence, and she had a reasonable means of leaving.

Seventeen-year-old Brice has just received his driver's license. He is driving a little too fast one day and slams into the back of another car, which has just stopped for a stop sign. In most states:

Since Brice is engaging in adult activity, he will be help to the same standard as an adult

How does the due process clause of the 14th amendment differ from the due process clause of the 5th Amendment

The Fourteenth Amendment clause protects individuals from violations of their rights by state governments; the Fifth Amendment protects individuals from violations of their rights by the federal government.

what is required by the substantial evidence test

The conclusions reached must be supported by such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

the defense of entrapment arises when

a police officer or other government official or agent acts to induce an individual to commit a crime when that individual would not ordinarily have done so.

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?

a sign over a storefront fell on your head

a form of strict liability applies to all except

abnormally risky medical procedures

An absolute privilege exists to protect which of the following defendants in defamation cases?

all

Intent as used in the law of intentional torts requires the defendant to

all

which of the following are activities that give rise to strict liability

all

A crime is:

any act prohibited by the government or an omission of an act required by public law and made punishable by the government in a judicial proceeding brought by it

The party who files an appeal is the:

appellant

Invasion of privacy consists of

appropriation, intrusion, public disclosure of private facts

The Supreme Court interprets the Commerce Clause:

as granting virtually complete power to Congress to regulate the economy.

intentional harm to the person includes

assault

bodily contract that is harmful of offensive can give rise to the tort of

battery

An employer directs his vice-president of marketing to fix prices with their company's competitors. The employee does so.

both the employee and the employer are criminally liable

Julian threw a brick at Will, intending to hit him. If the brick instead hits Anna, Julian has:

committed a battery

Andrew noticed Michael and his pregnant wife Georgette walking down the street and drove his car within inches of Michael, as a joke. Michael wasn't injured, but his wife suffered severe mental distress and needed to be hospitalized in order to save the pregnancy.

committed the tort of intentional infliction of emotional distress against Georgette

True cost-benefit analysis as a social theory:

compares direct and indirect costs and benefits of program alternatives for meeting a specific goal.

The legislative branch's primary check on both the judicial and executive branches is the power to

confirm appointments to the courts and agencies

The doctrine of stare decisis means that:

courts adhere to and rely on rules of law that they or superior courts announced and applied in prior similar decisions.

Defenses to an action in strict liability include:

express voluntary assumption of risk and in some comparative negligence

a state constitutional provision conflicts with a federal statue.

federal statute is supreme

The legal doctrine upon justice Cardozo based his decision in the Palsgraf case is the doctrine of

foreseeability

false communication made with knowledge of its falsity and with the intent to induce another to act

fraudulent misrepresentation

Harms of injuries that are tortious may be inflicted

in all

A major criticism of utilitarianism as an ethical theory is that:

in some important instances it ignores justice

By law, all apartment buildings in the state where Mary lives must have smoke alarms in the ceilings. Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed. To win a negligence action against the building owner, Mary would have to prove:

injury and causation

Business torts consist of:

interference with contractual relations, disparagement, fraudulent misrepresentation

a star basketball player in the NBA:

is a "public figure" with respect to a defamation action against a newspaper.

which of the following is characteristic of an executive administrative agency.

it is housed within the executive branch

in reading the title of a case, Smith v. Jones:

it is not always possible to determine from the case title which party is the plaintiff.

the definition of a default judgement is:

judgement against a defendant who fails to respond to a complaint

Assume a state has a criminal statute that punishes "every person who by himself or his employee or agent sells anything at short measure." Chris, an employee of Watkins Fencing, Inc. within that state, intentionally sells wire fence to Nowton Construction at short measure. Watkins:

may be held criminally liable for Chris's act even if Watkins did not authorize the action

the criminal intent necessary to commit a crime is known as

mens rea

with respect to the tort of conversion, which of the following statement is true

none

While driving his car five miles over the speed limit, Carl struck Darla, who was jaywalking across the street. When the case came to trial, the jury determined that Carl was 40% negligent and that Darla was 60% negligent. Darla's injuries are $10,000. If this accident occurred in a state following the modified comparative negligence theory of recovery, Darla will:

not recover anything

Appellate judges can reverse a decision of the trial court:

only where there was a prejudicial error that substantially affected the appellant's rights and duties

If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing the street, Janice is liable for:

physical injuries Paul sustains from the collision because Janice's negligent conduct proximately caused harm to a legally protected interest.

Federal legislation that requires agencies to maintain in their records only that information about an individual that is relevant and necessary to accomplish an agency function and to collect information to the greatest extent practicable directly from the individual is the:

privacy act

how much force may an individual use to protect her property

reasonable force, but not deadly

an advantage of administrative agencies is that they

relieve legislatures from trying to create legislation that deals with every detail of a specific problem. can be specialized bodies staffed by individuals with expertise in the regulated field. can be concerned about compliance with constitutional mandates since they perform powers of all three branches of government.

A federal agency that wishes to adopt administrative rules must do so in compliance with the

rules must be adopted in compliance with all of the above

The Bill of Rights

serves as a major restriction on the powers and authority of the federal government. does not apply directly to the states, but the Supreme Court has held that the Fourteenth Amendment makes many of its principles applicable to the states. consists of ten amendments to the U.S. Constitution that were adopted in 1791.

Mary's car was parked just outside the east door of the Civic Center. When she tried to exit, three ominous-looking gang members were blocking that door. She called the police who arrested the three for loitering. If Mary brings suit against them for false imprisonment:

she will lose if there was another exit she could have used

In the Brentwood Academy v. Tennessee Secondary School Athletic Association case, the U.S. Supreme Court held that:

state action may be found only if there is such a close nexus between the state and the challenged action that seemingly private behavior may be fairly treated as that of the state itself.

a minor agency rule

takes effect but, if after being submitted to Congress it is disapproved, it is treated as thought it had never taken effect

the tort of public disclosure of private facts requires

that the matter made public would be offensive and objectionable to a reasonable person.

In the Ferrell v. Mikula case, the Georgia Court of Appeals said that:

the elements of a cause of action for intentional infliction of emotional distress include either intentional or reckless conduct that is extreme and outrageous, a causal connection between the wrongful conduct and the emotional distress, and severe emotional distress.

The three distinct and independent branches of the United States government are:

the federal judiciary, the Congress, and the executive branch.

A photographer is taking pictures of a movie star with a telephoto lens would not be guilty of intrusion if

the movie star was in a restaurant at the time.

A writ of execution as used in civil law litigation allows

the plaintiff to demand payment from the defendant of a judgement won in court

Diversity of Citizenship exists when

the plaintiffs are all citizens of a state or states different from the state or states of which the defendants are citizens. a foreign country brings an action against citizens of the United States. the controversy is between citizens of the United States and citizens of a foreign country.

The ethical theory of intuitionism proposes that:

the power of an individual to assess the rightness or wrongness of decisions is as basic to human beings as the instinct for survival.

The U.S. Constitution reserves to the states of to the people.

the powers the Constitution does not prohibit to the states.

A factor demanding the ethical and social responsibility of business is:

the sheer size and power of individual corporations.

Arnold wrote a defamatory letter regarding Bill which he did not show to anyone, but which he posted on a bulletin board in the laundromat. Arnold has committed:

the tort of libel

the crime of larceny includes in its definition.

the trespassory taking and carrying away of personal property

In what way or ways are situational ethics and ethical relativism similar?

they both judge actions from the perspective of the actor

Two absolute defenses to the tort of defamation are:

truth and privilege

In which of the following situations would a court be likely to find that the witness has an affirmative duty to act

where an airline attendant witnessed on passenger threated another passenger

most states have statutes protecting merchants from charges of false imprisonment when detaining suspected shoplifters as long as the merchant detains the suspect:

with probable cause, in a reasonable manner, and for not more than a reasonable time.

A points an unloaded gun at B and threatens to shoot. Unobserved by A, C witnesses the threat and believes A's gun is loaded and that B is about to die. C pulls out a gun and shoots and kills A.

C can successfully invoke the privilege of defense of others because of her reasonable belief at the time she shot A.

which of the following is correct with respect to the reasonable personal standard

Two but not all

What is the supreme law of the land?

U.S. Constitution

The ethical theory that underlies cost-benefit analysis is:

Utilitarianism

One method of appealing a case to the U.S. Supreme Court is by:

Writ of certiorari

which of the following are pleadings

Complaint, summons, answer, reply

These states may enact legislation concerning a subject in which there is a federal statute if:

Congress has not clearly indicated that it intends to control that subject matter.

The First Amendment's guarantee of free speech applies to

Corporate political speech, defamation, commercial speech

A court order requiring that a person do or refrain from doing a particular act is known as:

Injunction

Judicial review extends to:

Legislation, acts of the executive branch and decisions of inferior courts

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake. Which of the following is true?

Mark must help the girl if he begins to rescue her and increases her danger

A woman claiming sex discrimination because she was passed over for a promotion by her employer, would have her case reviewed under the ____ test of the Equal Protection Clause. a. rational relationship b. intermediate c. strict scrutiny d. None of the above

None

Which of the following presents ethical dimensions for a business

Possible pollution of the physical environment, conflicts among differing cultures and value systems, compensation and working condition of the employees

John is a Haitian who has obtained U.S. citizenship. State X passes a law that all Haitian-born citizens must submit to AIDS testing. The courts will review this law based on:

The strict scrutiny test

Only the __________ Amendment to the Constitution, which abolishes slavery or involuntary servitude, applies to the actions of private individuals.

Thirteenth

Tim signs a contract to sell 500 wood pallets for a specified price to Schirmer Industries to be delivered by September 1. In this case:

Tim has a duty to deliver the goods by Sep 1, Schirmer Industries has a right to receice the goods, the duties and rights of Time and Schirmer Industries are correlative.

a defendant who is indicted will next

To be arraigned

a motion to dismiss a lawsuit for failure to state a claim

demurrer

A major rule of an administrative agency

does not become final until Congress has had an opportunity to disapprove it.

the improper taking of another's property by one in lawful possession of it, that violates a trust is

embezzlement

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

emergency

An ethical decision-making approach that relies on a central authority or set of rules, such as the Koran or the Bible:

ethical fundamentalism