Business Law Exam #1

Contemporary law's principle of collective responsibility, such as all partners being personally responsible for the debts of the partnership, had its roots in:

A. Anglo- Saxon method of ensuring public order through tithing

The concept of stare decisis focuses most onL

A. Predictability

Tony raped Jane in the parking lot of Joe's Brew Pub. The District Attorney's office prosecuted Tony on rape charges. Subsequently, Jan filed a lawsuit against Tony for money damages. Classify each legal action

A. The District Attornney;s case was a criminal case; Jane's lawsuit was a civil case

Congresswoman Sloan introduced a bill in the House of Representatives. If the bill is approved by the House committee specializing in that subject matter of the proposed legislation:

A. a Senate committee specializing in the subject matter of the proposed legislation

The US Supreme court was asked to decided whether same-sex sexual harassment us a violation of Title VII of the Civil Rights Act. This law forbids discrimination in employment on the basis of sex. In interpreting statutes, the court may use which of the following?

A. all the above.

the biggest change in litigation in the last decade is

A. an explosive rise of electronic discovery

Judge Zellar was asked to decide if a plaintiff could see the interrogatories procured by the defendant. The judge viewed the documents alone and deiced that they should be made available to the plaintiff. The judge made:

A. an in camera inspection

The most accurate statement regarding appellate courts is

A. appellate courts often hear new evidence and testimony

In a civil case, the plaintiff must prove the case:

A. by a preponderance of the evidence

After the plaintiff has presented her case, the defendant may be granted a

A. direct verdict

The federal judicial branch of the US government

A. interprets statutes

The occupational Safety and health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift. The purpose of the hardhats is to protect employees from danger of falling objects

D. administrative law

The power of federal agencies is limited by:

D. all the above

when an appellate court hears a case, it may:

D. all the above are correct

President Nixon issued wage-price controls in an effort to stabilize the economy. This use of executive power was

D. an illegal usurpation of the regulatory powers of administrative agencies

Denzil was one of the 50,000 people defrauded of $40 in an advertising scam. His best course of action to recover his money is to

D. become part of a class action lawsuit, which might include plaintiffs who are unaware of the lawsuit or are even unaware they were harmed

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

D. default judgement

In a negligence case, the plaintiff must establish

D. duty of due care, breach, causation, foreseeable hard, and injury

Karen is a strong swimmer. One afternoon she is having a picnic at a lake and sees a man she does not know drowning. Generally, Karen:

D. has no legal duty to rescue the man

The doctrine of precedent requires

D. judges to base ruling on previous cases

A subpoena duces tecum is different from an ordinary subpoena in that a subpoena duces tecum:

D. requires the person to bring specific documents to the court or administrative hearing

The 14th amendment's Equal Protection Clause "strict scrutiny" test will be used when the legislation:

C. Differentiates on the basis of race

the three branches of government in the US are

C. Executive, Legislative, and Judicial

which of the following would be an example of a civil lawsuit

C. Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries

The fastest growing method of dispute resolution in the US is

C. Mediation

A civil case generally proceeds as follows:

C. complaint, answer, discovery, trial, verdict

Statutory law is to legislative bodies as common law is to:

C. courts

if the title of an appellate court case appears as Jones v. Smith

C. you cannot determine which party is the plaintiff, because when a defendant loses a trial and files an appeal, some courts reverse the names of the parties

under the state of law, a dog owner is absolutely liable to any person who is injured by the dog. this is and example of

B. Strict liability

which of the following played a role in the creation of the US government by solving the problem of federalism

B. The Iroquois Native Americans

Hasbro inc. the trademark owner of Candy Land, sought a court injunction to stop internet entertainment group, LTD from using the domain name, "candyland.com" Internet Entertainemnt Group had established a sexually explicit site at the domain name, This injunction would have to be issued by:

B. a judge exercising equitable powers

When the Food and Drug Administration prohibits a certain drug from being marketed in the US, this is

B. an administrative regulation

A customer in a restaurant would be considered _______ to whom the restaurant owner owes a duty

B. an invitee; of reasonable care

The President of the United States

B. can veto Congressional legislation

The US Supreme Court has the power to

B. declare an act of congress unconstitutional

Common law refers to:

B. law made when judges decide cases and then follow those decisions in later cases

Jurisdiction is

B. the authority of a court to decide a particular typeof case