Business Law
When interpreting a statutory provision, judges may evaluate:
- the public-policy goals that motivated the enactment of the law - earlier drafts of the statute - the ordinary meaning of the statute's text
A treaty negotiated by the executive branch requires ___________ approval by the Senate; a trade agreement (like NAFTA or the USMCA) requires __________________ approval of both chambers of Congress.
2/3; simple majority.
Under the EU's General Data Protection Regulation (GDPR), any company that "processes" personal data of EU citizens--even if a U.S.-based business--must notify data-protection authorities and the affected individuals of any data breach within ______________ of its identification.
72 hours
Which of the following is a trial court of general jurisdiction? A U.S. District Court A U.S. Court of Appeals A Virginia domestic relations court A U.S. Bankruptcy Court
A U.S. District Court.
Joy Wilson is the blogger and cookbook author behind the popular food blog/Instagram account, Joy the Baker. To protect her brand, Joy registered the phrase "Joy the Baker" as a trademark with U.S. Patent and Trademark Office, a federal agency. One of Joy's followers informs her that another blogger, Joi Choi, is now marketing a food blog called "Joi the Baker" and using the Instagram account, "JoiTheBaker", to promote the blog. Ms. Wilson want to challenge Ms. Choi's right to use "Joi the Baker" on her blog and Instagram accounts, believing it infringes on her own trademark rights. What document must Ms. Wilson or her counsel file to initiate a suit against Ms. Choi in federal district court?
A complaint. Wilson will need to file a complaint--a statement of allegations and legal claims--in federal district court. She will also need to deliver a copy of the complaint and a summons, signed by the court clerk, to Choi.
In the case we discussed Thursday, famed musical artist Ariana Grande sued fashion brand, Forever21, and its associated beauty brand, Riley Rose, after the companies used her image to promote their companies on Instagram without her permission. In what court did Ms. Grande file suit, and why?
A federal district court because the case raises federal questions. Grande v. Forever 21, Inc., presents claims under both federal trademark and federal copyright law. As discussed in class, Congress has given federal courts original jurisdiction over cases that involve violations of federal trademark and copyright law; any related state-law claims, then, will be heard by federal courts.
A delivery van for Flora's Flowers crashes into a car driven by Luna, who suffers injuries. Evidence will show that the driver of the van is 25 percent responsible, as he was adjusting his radio at the time of the crash; Luna is 75 percent responsible, as she failed to look both ways when pulling out of her parking space. Luna is most likely to win damages in:
A lawsuit for negligence in a pure comparative negligence state
Which of the following would be a mandatory precedent for the U.S. District Court for the Western District of Virginia?
A previous ruling by the U.S. Court of Appeals, Fourth Circuit. Federal trial courts must adhere to precedents set by higher-level courts in their appeals path. Because Virginia is within the Fourth Circuit's appellate jurisdiction, previous rulings by the U.S. Court of Appeals, Fourth Circuit, will be binding on federal trial courts (U.S. District Courts) in Virginia. In contrast, a state trial court will not bind a federal court; federal district courts will not bind other federal district courts, even if in the same state; and a federal district court will not be bound by federal appellate courts outside their appeals path. D.C. Circuit rulings will only bind a U.S. District Court for the District of Columbia.
Yara, a 20-year-old model/actress, regularly engages with her Instagram and TikTok followers by posting short how-to tutorials featuring hair and beauty products, jewelry, and clothing sent to her by companies hoping she will mention them on her social-media accounts. Which of the following statements about Yara's disclosure obligations is accurate? Yara must disclose the nature of her relationship with the company if they pay her money to promote the products on her social-media accounts. Yara must disclose that the products she is promoting were received free of charge. Yara should prominently include #ad or #sponcon to disclose her relationship with companies on social media. All of the above
All of the above
Which of the following is a key difference between mediation and arbitration? Arbitrators have the power to issue binding rulings and can award damages to the injured party. Arbitration is always court-mandated. Arbitration is a confidential dispute-resolution process. Arbitrators, unlike mediators, must be lawyers.
Arbitrators have the power to issue binding rulings and can award damages to the injured party. Mediation works toward a voluntary settlement, achieved by mutual agreement between the parties. Arbitration, in contrast, resolves disputes by having a (theoretically) neutral third-party issue a binding decision, after hearing and reviewing arguments presented by both sides.
All of the following statements about arbitration proceedings are accurate, except: Arbitrators typically provide the parties with a detailed, written explanation of their final ruling in a case. Terms of service and credit-card agreements contain clauses allowing corporate defendants to select the arbitrator, the location of arbitration proceedings, and which state's laws will govern the dispute. Arbitration is private dispute-resolution process. Arbitration clauses frequently limit the possibility of individual or class-action litigation.
Arbitrators typically provide the parties with a detailed, written explanation of their final ruling in a case.
In some states, a plaintiff may be barred from recovery when he voluntarily puts himself in an obviously dangerous or risky situation. This defense is called __________________.
Assumption of risk
A Twitter account, @DevinCow, has tweeted many insults about U.S. Rep. Devin Nunes (R-Calif.). Evidently, the account is not actually run by a cow belonging to Nunes. Nunes is now suing this purported cow, alleging a concerted effort to defame him and work against his re-election campaign and asking for $250 million in damages. Here's a couple of the tweets he alleges are defamatory, using language directly from the lawsuit: "Devin Nunes' cow has made, published and republished hundreds of false and defamatory statements of and concerning Nunes, including the following: • Nunes is a " lil' treasonous cowpoke."• "'Devin's boots are full of manure. He's udder-ly worthless and its pasture time to move him to prison.'" Which of the following statements is not accurate? Nunes must prove that @DevinCow knowingly or recklessly published false tweets about the congressman. Nunes must prove his defamation case by clear and convincing evidence. Nunes cannot win his defamation case against @DevinCow if a reasonable person would understand that the tweets were intended to be humorous. Because he is a public figure, Nunes has a lower burden of proof than an ordinary citizen.
Because he is a public figure, Nunes has a lower burden of proof than an ordinary citizen.
David borrows his next-door neighbor's snowblower and is injured when it malfunctions, due to a probable defect. Under a strict liability theory, David can sue:
Both retailer and manufacturer, but not David's neighbor
As discussed in class and in your text, our ________________ changes bit by bit: the Tarasoff and Carey cases, for example, created exceptions to the _____________________ that reflect shifts in our societal values and mores over time.
Common law; bystander rule.
Tina Tenant leases an apartment from Lenny Landlord. Tina falls behind on her rent, and Lenny begins eviction proceedings against her. Annoyed that it takes so long to evict a non-paying tenant, Lenny—without notice—seizes Tina's computer and television and sells them to recoup some of his losses. For which tort is Lenny liable?
Conversion
Katrina Parotts is suing Apple for copyright infringement, claiming the company stole the idea for emojis with diverse skin tones from her. Apple must respond to the suit in a timely manner, usually 21 days, or the judge will enter a(n) ________________ in Parrotts' favor.
Default judgment. This question is based on a real-life case, filed this past spring.
In negligence law, the judge or jury must consider how a reasonable person of ordinary prudence would have acted or behaved under the same or similar circumstances as the defendant. This element of negligence is referred to as:
Duty of due care
The Food and Drug Act is an example of _____________________, as the law created a new federal agency, the Food and Drug Administration, to regulate food safety, human and veterinary drugs, medical devices, and cosmetics.
Enabling legislation
Jasmine was sailing in the Chesapeake Bay when a terrible storm struck. She managed to tether the boat to a small dock nearby. The next day, she came to get the boat and discovered that, in tethering the boat to the dock during the storm, the boat had badly damaged the dock. Which statement is correct? The dock owner has no right to compensation in cases of public necessity, like this one. The dock owner has no right to compensation for the damages because Jasmine tied her boat to the dock in an emergency. Jasmine must prove her actions during the storm are protected by privilege. Even though Jasmine tied the boat to the dock in an emergency, she must still compensate the dock owner for the damages of her trespass.
Even though Jasmine tied the boat to the dock in an emergency, she must still compensate the dock owner for the damages of her trespass.
A landowner's highest duty is owed to licensees.
False
Gob works for Bluth Corp. The existing employment contract between Gob and Bluth Corp. can be terminated at will by either party. Lucille, the owner of one of Bluth Corp.'s competitors, offers to pay Gob much more money if he will leave Bluth Corp. and work for his company. When Gob starts to work for Lucille, Bluth Corp. correctly claims Gob is liable for tortious interference with a contract.
False
Kenneth was exposed to radiation on his job in an environmental cleanup. Kenneth may sue his employer now for current medical expenses and will be allowed to file suit again if additional medical problems develop over time.
False
Landowners owe the same duty of care to a trespassing adult as they do to a trespassing child.
False
Penelope Plaintiff sues her former business partner, Donna Defendant, after she discovers that Donna failed to pay the rent on the business' storefront, leading to their eviction from the commercial space. She files suit in a Virginia General District Court but loses her case. If Penelope wants to appeal, she must appeal the verdict to the Virginia Court of Appeals.
False
Professor Price wants to pull a prank on Professor Malone. Just as Malone begins to sit down, she pulls the chair out from underneath him, causing him to fall on the ground. Professor Price is not liable if Professor Malone is injured because she was only joking around and did not intend to harm him.
False
The EU General Data Protection Regulation ("GDPR"), which protects the privacy of EU citizens' personal data, does not apply to U.S.-based corporations.
False
Under the common law in most states, blocking another's access to the free flow of light and air constitutes a nuisance.
False
Under the doctrine of stare decisis, a judge sitting on the U.S. Court of Appeals, 5th Circuit, is bound by precedent set by the decisions of the U.S. Court of Appeals, 9th Circuit.
False
Upset after a sponsored content deal with jewelry maker, BaubleBar, falls apart, Candace—a popular social-media influencer—uses her blog and social media accounts to broadcast false claims that BaubleBar uses child labor to produce its jewelry. BaubleBar sales plummet. The only way BaubleBar can seek to hold Candace accountable for her statements is by filing a Lanham Act claim.
False
True or False: Article IV of the U.S. Constitution provides for the creation of federal administrative agencies and outlines the breadth of their powers.
False The U.S. Constitution does not establish administrative agencies and does not explicitly describe the manner by which they may be created. Even so, the U.S. Supreme Court has generally recognized that Congress has broad constitutional authority over the establishment and shape of the federal bureaucracy. This power stems principally from the combination of Congress's enumerated powers under: • Article I of the Constitution to legislate on certain listed matters;• Language in Article II, §2, which authorizes the appointment of "officers" to positions "which shall be established by law"; and• Article I, §8, which authorizes Congress to "make all laws which shall be necessary and proper for carrying into execution" not only Congress's own enumerated powers, but also "all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Acting under its broad constitutional authority, Congress may create federal agencies and individual offices within those agencies; design agencies' basic structures and operations; and determine, subject to certain constitutional limitations, how those holding such offices are appointed and removed. Congress also may enumerate the powers, duties, and functions to be exercised by agencies.
True or False: The only remedy for unconstitutional executive orders is impeachment, as executive orders are not subject to review by the judicial branch.
False. Executive orders are subject to review by the judiciary. Because presidential actions cannot exceed the scope of the executive branch's powers outlined in the Constitution, executive orders may be reviewed in federal courts. Historically, presidential overreach--though often politically controversial--is not typically grounds for impeachment.
Penelope Plaintiff sues her former contractor, Dana Defendant, after he fails to finish her home-remodeling project and refuses to refund her $2,000 deposit. She initially brings suit in a Virginia General District Court but does not win her case. True or False: If she decides to appeal, the case will be heard by a Virginia Court of Appeals.
False. Virginia Circuit Courts have appellate jurisdiction over all appeals from Virginia General District Courts. "Appeals" from Virginia General District Courts are heard de novo: that is, the cases are tried from the beginning as though there had been no prior trial. Cases that begin in a Virginia General District Court will not directly proceed to a Virginia Court of Appeals.
Many states took different approaches on how to mitigate the effects of COVID-19 on individuals and businesses, with some states opting to impose lengthy, near-total lockdowns, some opting to impose partial or shorter lockdowns, and a few declining to institute any lockdowns whatsoever. The federal government has generally allowed state and local governments to make their own decisions about, for example, instituting mask orders or planning for phased re-opening of businesses. Fill in the blank: This decentralized approach to management of the pandemic response, which allowed state and local governments to tailor responses as they chose, is one example of how _____________ can impact businesses.
Federalism Federalism--the balance of power between federal and state governments--often permits a level of state-by-state experimentation if the federal government either lacks Constitutional authority to act or declines to exercise its authority in favor of local rule.
Musical artist Ariana Grande files suit against Forever 21, a fast-fashion retail company, alleging violations of the Lanham Act, passed by Congress in 1946. Grande alleges that the company used her trademark-protected works without obtaining permission or licensing rights. The Lanham Act awards statutory damages between $500 to $100,000 per counterfeit mark per type of goods or services. If the infringement is willful, penalties may reach up to $1 million per infringing use. Both Grande and Forever 21 are based in California. Which of the following is true? Grande may file suit in either federal district court or a state trial court. Grande may not file suit in federal district court, as the case belongs in a state trial court. Grande may file suit in a federal district court, regardless of whether damages exceed $75,000. Grande may only file suit in a federal district court if damages exceed $75,000.
Grande may file suit in a federal district court, regardless of whether damages exceed $75,000.
If a trial court's error of law affected the ultimate outcome of a trial, an appellate court can opt to overturn the original decision and send the case back to the lower court for a new trial. An error that does not affect the ultimate outcome of the case is referred to as a(n) _______________________.
Harmless error
The New York Times published an article about a sitting U.S. senator. The senator is upset because the information contained in the story contains little truth and has harmed his reputation. If the senator sues the sues the newspaper for defamation:
He must prove the magazine either knew the story was false or acted with reckless disregard of its probable falsity.
The Federal Reserve is an example of an __________________ agency. Under the Federal Reserve Act, the president nominates the Chairman of the Federal Reserve Board of Governors, but the chair may only be removed "for cause" in order to protect the stability of the economic market.
Independent. Presidents normally do have the authority to remove regular executive agency heads at will, but they must meet the statutory requirements for removal of commissioners of independent agencies, such as demonstrating incapacity, neglect of duty, malfeasance, or other good cause. These types of agencies can be controlled by a board--e.g., the Federal Reserve Board-- that cannot be appointed all at once, and, in some cases, the board can be required to be bipartisan.
Pottermore, J.K. Rowling's digital publishing firm, sells electronic and audiobooks versions of her novels via partnerships with online retailers like Amazon, Apple, and Google. The firm's digital rights management (DRM) team is responsible for scouring the internet for infringing (unauthorized and unlicensed) uses of Rowling's works. Fill in the blank: To combat continued copyright and trademark infringement, the DRM team can request a(n) ______________________ from a federal court. This type of court order would prohibit additional unauthorized copies of Rowling's copyrighted works from being created and impose penalties for non-compliance.
Injunction An injunction is a court order that prohibits certain types of conduct. They can be used to address existing violations of copyright and trademark law and to deter future violations. They can also be used to enforce non-compete provisions of employment contracts.
After losing her job, Caitlyn Mowrey fell behind on paying her mobile-home park fees. In order to avoid any hassle from employees at the park about the debt, Mowrey frequently waited until after midnight to come home or stayed elsewhere. Losing patience, an employee of NRV Mobile Home Park, LLC--the company that owned the mobile-home park--left a message on Mowrey's phone, falsely claiming that her mobile home was on fire and that her cherished pet chihuahuas were trapped inside, likely to perish. Mowrey rushed home, only to be confronted about the debt by the employee. Aside from any violations of state and federal debt-collection statutes, for which tort is NRV Mobile Home Park potentially liable?
Intentional infliction of emotional distress
Max booked a two-bedroom, two-bathroom apartment in Miami via Airbnb. At about 11 p.m., he began preparing to go to bed when he noticed small green light. The light was emitted from two small, rectangular boxes on the far sides of the bedroom. On inspection, Max discovered they were cameras, and they were recording. "I didn't know if I was being watched live," said Max. "What I've found since is that [the cameras] record to a memory card, but they can also stream live. The host could've been watching. Anybody could have been watching." For what tort is the Airbnb host potentially liable?
Intrusion upon seclusion
Fill in the blank: _________________ statutes claim jurisdiction over out-of-state defendants if they commit a tort, enter into contracts, or conduct regular business with a state.
Long-arm statutes. Courts use long-arm statutes to bring defendants who live or work elsewhere to the forum state to defend against actions in tort, contract, or other business law cases. Defendants may be forced to make a special appearance to contest a court's personal jurisdiction.
Matt, a ski instructor employed by MountainView Resort, decides to have a little fun with the young children in his ski lesson and begins to playfully throw snowballs at them. Five-year-old Ivy, who is startled by the snowballs whizzing in every direction, does not duck quickly enough when she sees Matt aiming one of the snowballs in her direction. Ivy is badly injured when the snowball, which contained a small shard of ice, hits her eye. On which theory of tort liability could Matt be sued?
Matt could face potential tort liability on any of these theories.
A customer trips over a loose tile in the dining room of Melt, an artisanal ice cream shop. Which of the following statements is accurate? Melt may be liable for negligence if it failed to inspect the dining area for conditions that posed a risk to its customers or if it failed to warn them about concealed dangers in the space. Melt can only be liable for a failure to warn its customers of dangerous conditions on the property if they own the property, not if it simply rents the space. Melt is only liable to its customers only for for acts of gross (extreme) negligence. Melt is liable for all dangers on the property, even for dangers it could not have discovered upon inspection.
Melt may be liable for negligence if it failed to inspect the dining area for conditions that posed a risk to its customers or if it failed to warn them about concealed dangers in the space.
As a prank, Miles placed a thumbtack on his manager's office chair. The manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which statement is accurate? Miles is liable only for the manager's initial injuries from sitting on the tack because the infection was not foreseeable. Miles acted negligently. Miles is liable for all harms caused by his action, even though the extent of the manager's injuries was not foreseeable. Miles is strictly liable for his actions.
Miles is liable for all harms caused by his action, even though the extent of the manager's injuries was not foreseeable.
Under the Virginia Motor Vehicle Warranty Enforcement Act--referred to as Virginia's "Lemon Law"--the owner of a new vehicle is entitled to a refund of all purchase costs or a replacement vehicle if the owner purchased a new vehicle in Virginia and: (1) the owner sought repairs to the vehicle three or more times for the same problem, without success;(2) the owner sought repairs of a serious safety defect one or more times, without success; or(3) the owner's vehicle is out of service due to repair for a cumulative total of thirty calendar days in a year. The owner must file suit within 18 months of first receiving the vehicle. The Car Czar, located in Freeman, VA, is being sued under the Lemon Law by Lena Holmes, a customer who alleges that the Honda SUV she purchased at the dealership is a "lemon." In her filing, she alleges that the new vehicle is not working properly, even after multiple attempted repairs. The Car Czar does not dispute that the car is not working properly, but argues that Holmes failed to file suit within 18 months of receiving the vehicle. Fill-in-the-blank: The Car Czar, or its attorney, should file a ____________________________ with its initial response to Holmes' suit in order to end the case as quickly as possible.
Motion to Dismiss for Failure to State a Claim. A motion to dismiss can be filed by the defendant in a civil suit in response to a complaint. In order to grant a Motion to Dismiss for Failure to State a Claim., the defendant must show that even if all the facts alleged in the plaintiff's complaint are true, they do not make out a claim for which the law offers a remedy. Here, The Car Czar and/or its counsel will argue that even if Homes did seek multiple, unsuccessful repairs for her new care, she did not file her complaint within the timeframe set by the Virginia statute.
To cut down on accidents caused by fatigued workers, the NY state legislature passed a law that prohibits factory laborers from working more than 12 hours in any 24-hour period. Ignoring the law, Tesla makes its factory employees put in 14-hour days. Eventually, a worker at the end of a long shift makes a mistake and severely injures a co-worker. The injured worker sues Tesla. Which of the following terms will be most relevant to the case? Res ipsa loquitur Strict liability Negligence per se Constructive notice
Negligence per se
Gemma Waterstone operates ArtistsForJustice.com, a website dedicated to tracing pieces of art stolen during times of armed conflict and returning them to their countries of origin. An anonymous poster left a message on one of the site's message boards, alleging that NY-based art collector Konrad Heigl had secretly acquired a painting stolen from a wealthy Jewish family during World War II by Nazi officials. The allegation was later proven untrue. Does Heigl have a valid defamation claim against Waterstone and her website?
No, because Waterstone did not create or develop this content.
Gloria lives in a state that sets a 3-year statute of limitations on tort claims. Her state also has an 8-year statute of repose. Gloria bought a hairdryer on June 1, 2010. On July 1, 2017, a manufacturing defect causes the hairdryer to malfunction and causes an electrical fire, burning down Gloria's house. Gloria files her lawsuit against the hairdryer manufacturer on July 1, 2018. Can her lawsuit proceed?
No, because the statute of repose begins to run once Gloria buys the hairdryer and expired before she filed suit.
George, owner of Hegel's Bagels, is alarmed to discover that an anonymous user has posted a review of his business on Yelp, alleging that he employs undocumented immigrants at his bagel shop. The allegation is false. Yelp refuses to investigate or take down the review. Does George have a valid legal claim against Yelp?
No, unless George can prove that Yelp edited or influenced its user-generated content in a way that seriously contributes to its defamatory character.
The Blacksburg Town Council recently approved changes to the town's regulation of mass outdoor social gatherings. The new regulations state that: • People wishing to gather on Center Street must acquire a permit through the Blacksburg Police Department if using sound-amplifying devices on the property;• The use of amplified sound cannot occur before 10:30 a.m. or anytime after 10:00 p.m. on any day of the week;• The gathering cannot exceed 200 attendees; and• Events with 200 or more people must be registered with the Blacksburg Police Department. What is this type of regulation called?
Ordinance
The plaintiff's burden of proof in a civil case is ______________________; the government's burden of proof in a criminal case is _______________________.
Preponderance of the evidence; beyond a reasonable doubt.
For the defendant to be liable in a negligence case, it must be proven that the type of harm caused by the defendant must have been reasonably foreseeable. This is referred to as:
Proximate Cause
Andrew applied for admission to a graduate school program at Harvard. Several months later, administrators at Harvard informed Andrew that school employees had, in violation of the school's cybersecurity protocols, posted applicants' social security numbers publicly on its website for almost 5 days before the breach was noticed. For what tort could Andrew sue Harvard?
Public Disclosure of Private Facts
Wal-Mart, the American retail corporation, announced that the credit and debit card information of 40 million customers was stolen in a data-breach incident. Cybersecurity experts had warned the company about its lax cybersecurity protocols in the months leading up to the incident. For which privacy tort is Wal-Mart potentially liable?
Public disclosure of private facts
In general, employers may provide references for former employees without fear of being sued for defamation, so long as their statements to prospective employers are not motivated by ill will. This defense to defamation is called:
Qualified privilege
Davis is suing his former employer for retaliation under Title VII, a federal statute that addresses workplace discrimination. Davis alleges that he failed to receive a promised promotion and was forced to move to a different, less-desirable department after he reported his supervisor to Human Resources for sexual harassment of a colleague. The attorney representing Davis wants to review e-mails and messages sent through the company's Slack channel for evidence relevant to the case. Which of the following types of discovery should Davis' attorney seek to gain access to these types of communications? Depositions Protective orders Interrogatories Requests for production
Requests for production. This type of discovery allows parties to receive documents, electronically stored information (ESI), or other tangible items during the pre-trial process.
Jess attends a cocktail party hosted by her employer. The event is professionally catered, and wait staff circulates during the event, offering attendees small appetizers, some of which are served on plastic toothpicks. In the days after the event, Jess begins to suffer extreme and debilitating stomach pain. Eventually, her doctor recommends abdominal surgery to determine the reason for her condition. During the surgery, Jess' physician discovers removes a small shard of plastic from Jess' stomach. After the surgery, Jess' symptoms resolve and do not recur. If Jess sues the catering company for negligence, which of the following will be most helpful in proving the company breached its duty of care to Jess? Res ipsa loquitur Strict liability Negligence per se Stare decisis
Res ipsa loquitur
Fill in the blank: The U.S. Court of Appeals, 3rd Circuit, hears oral arguments the case of Alfie Appellant v. State of Pennsylvania. After its ruling, the appellate court sends the case back to the trial court judge for a new trial in the case. The 3rd Circuit has ______________________ the case.
Reversed and remanded.
Select all that apply:A reasonable expectation of privacy requires: Societal acceptance of the expectation of privacy as reasonable. An individual's actual, subjective expectation of privacy. An international accord specifically granting privacy rights. An individual's objective expectation of privacy.
Societal acceptance of the expectation of privacy as reasonable; An individual's actual, subjective expectation of privacy.
Spiro Spammer sends millions of e-mails a day asking people to donate to his college tuition fund. Oddly enough, many people do. Everything in the e-mails is accurate. Which of the following statements is true? Spiro has violated the CAN-SPAM Act because he is asking for money. Spiro has violated the CAN-SPAM Act unless the recipients have granted permission to him to send these e-mails. Spiro has violated the CAN-SPAM Act because he has sent unsolicited commercial e-mails. Spiro has violated the CAN-SPAM Act if he has not offered recipients an opportunity to unsubscribe.
Spiro has violated the CAN-SPAM Act if he has not offered recipients an opportunity to unsubscribe.
In state legislatures and in Congress, a proposed new law is called a bill. Once enacted by legislators and signed by the chief executive, however, the proposal becomes law and is referred to as a _______________.
Statute
Under current law, "milk" is defined as "the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows." Due to increasing popularity of plant-based products labeled as "almond milk", "soy milk," or "oat milk," the Food and Drug Administration (FDA) has invited public comments on the labeling of plant-based products with names that include the names of dairy foods. The purpose of these efforts was to help inform the agency's approach to the labeling of plant-based products that consumers may substitute for dairy foods. The statute that governs the FDA's rule-making process is called:
The Administrative Procedures Act.
In a recent class-action lawsuit, California and New York residents sued the Kellogg Company for false advertising, based on the packaging of the company's Cheez-It crackers. The Cheez-It packaging reads "Whole Grain" or "Made with Whole Grain" in bold letters on the front of the box. The ingredient list, however, lists "enriched white flour" first, and the nutritional label says that the crackers contained just 5 to 8 grams of whole grain. The plaintiff-consumers argued that they were tricked into purchasing the product, thinking the product was predominantly made of whole grain. Under what federal statute can these plaintiffs file suit?
The Lanham Act
Which Constitutional provision establishes a hierarchy of law in the United States and helps to resolve some federal-state conflicts inherent in our legal system?
The Supremacy Clause Article VI, §2, declares that the Constitution is "the supreme Law of the Land." All other laws, executive actions, regulations, and treaties must be constitutionally permissible in order to be legally enforceable. This provision also clarifies that state laws in direct conflict with federal legislation are unenforceable.
Jess is preparing to drink a Coke when she notices a small shard of what looks like glass floating near the bottom of the bottle. Assume that the shard is, in fact, a piece of glass. If Jess sues Coke for negligence, what is the likely outcome of the case?
The case will be dismissed, as Jess suffered no injury from the glass in the bottle.
The Kappa Delta Kappa fraternity hosted a "Booze 'n Cruise" mixer on a rented boat, during which fraternity pledges were pressured into taking shot after shot of tequila. After imbibing nearly 20 shots and drinking several beers, Colin, a pledge, began throwing up and passed out on the boat. Other pledges noticed Colin's breathing was shallow and labored and that he would not respond when shaken. Although many expressed concern and worry, it took members several hours to call an ambulance. Colin did not survive. Under what theory could the fraternity or its members be held liable for negligence?
The fraternity members' hazing ritual "created the peril" that placed Colin in danger, and the members failed to seek immediate medical attention.
In an intra-office Slack Chat, Clare complains to her co-worker, Micah, about their boss, Nate, and disparages his abilities as a supervisor. Micah screenshots the most insulting portions of the Slack Chat and shares them with Nate. Nate then fires Clare. Which law, if any, provides Clare a remedy for this kind of privacy violation?
The law does not provide Clare a remedy for this kind of privacy violation.
Which of the following is the general goal of compensatory damages? To punish the defendant for extreme and outrageous conduct and deter others from similar conduct. To find a way to help the defendant avoid jail time for his or her crime. To restore the plaintiff to the position he or she was in before the injury. To make the defendant suffer as much as the plaintiff suffered.
To restore the plaintiff to the position he or she was in before the injury.
StentTech manufactures valves to be used in open-heart surgeries. StentTech is considering signing a very lucrative deal with MedWorks to distribute its products. CardioSmart, hearing of the proposed deal, tells StentTech, "I want that distribution deal. If you sign with MedWorks, I will tell everyone that the valves are unreliable." StentTech reluctantly agrees to a contract with CardioSmart, breaking off talks with MedWorks. For which tort is CardioSmart liable?
Tortious interference with prospective advantage
Suzanne Thomas, a renowned viticulturist who specializes in growing and selling organic grapes to U.S. wine producers, is in serious talks to sell her 2021 grape crop to OenoVino, a California winery with nationwide distribution rights. Ernesto Galliano, a competing wine producer, contacts Thomas and makes the following threat: "If you don't sell this year's entire crop to my company, I'll tell every vintner in California that you falsified your soil contamination tests in order to obtain your organic-products certification." Worried that even a whisper of doubt about her verified-organic status could jeopardize future grape sales, Thomas reluctantly agrees to sell her grapes to Galliano, abandoning talks with OenoVino. For what tort is Galliano potentially liable?
Tortious interference with prospective economic advantage
Paul Plaintiff operates a commercial boating and fishing enterprise on a non-navigable (that is, a privately owned) lake. David Defendant, whose land borders on Paul's, pumps water from the lake to irrigate (flood) his own property, in order to cultivate and produce cranberries. The irrigation lowers the water level of the lake to the extent that boating and fishing are no longer possible. For what tort (or torts) is David Defendant potentially liable?
Trespass and nuisance
In general, civil law establishes the rights, duties, and obligations that exist between private parties; criminal law involves laws enacted to prohibit or punish conduct that threatens the physical or economic safety and welfare of individuals or businesses. True or False: If a business faces penalties for violating criminal statutes, it may also be subject to civil consequences for the same underlying misconduct.
True
The Federal Trade Commission (FTC) may bring suit against any business that fails to comply with its own online privacy policies for unfair or deceptive trade practices.
True
TORC Robotics Inc. filed suit against Amazon Inc. for tortious interference with contract in the U.S. District Court for the Western District of Virginia, but lost its case at the trial court level. If TORC elects to appeal its case, which court will hear the appeal? Virginia Court of Appeals U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, D.C. Circuit U.S. Court of Appeals, 4th Circuit
U.S. Court of Appeals, 4th Circuit
Maya, a 12-year-old, downloaded an app that wanted to know her family size, her parents' educational level, and her weekly allowance. The app also asked Maya's name, mailing and e-mail addresses, and age. Which of the following statements about the Children's Online Privacy Protection Act (COPPA) is true?
Under COPPA, the app must disclose how it will use the information it acquires from Maya.
In cases where it may be extremely difficult to seat an impartial jury or in cases where all relevant witnesses and parties are located elsewhere, a criminal or civil defendant can file a motion for a change of _____________________.
Venue. Venue refers to the geographical location where a case can be tried. Venue is set by statute, but a plaintiff can generally sue in any location where the defendant resides or does business or in any location in which the events that led to the lawsuit occurred. Plaintiffs sometimes have a choice when selecting a venue for suit. Sometimes a defendant will object to the plaintiff's choice of venue if particularly inconvenient or if it may be difficult to seat an impartial jury in the location.
Which of the following is not a question of law? - Which state's law must be used to resolve a contractual dispute? - What kind of remedy (solution) does the law offer the plaintiff in a case? - What events occurred that led to the dispute between the parties? - Do the rules of evidence permit a particular piece of evidence or testimony to be introduced at trial?
What events occurred that led to the dispute between the parties?
Select all that apply:Under the Stored Communications Act, when may an employer monitor the electronic communications of employees? When the employer provides the computer system. When the monitoring occurs in the ordinary course of business. When the employee uses their personal computer to discuss the company anonymously on social-media sites. When the employee consents.
When the employer provides the computer system; When the monitoring occurs in the ordinary course of business; When the employee consents.
To celebrate the impending arrival of their baby, a Michigan couple fired a celebratory cannon while party guests stood outside in the snow. The gunpowder inside the cannon exploded, fracturing its metal frame and launching shrapnel into the air. One piece of the cannon flew about 10 to 15 feet and struck one of their friends in the chest, killing him. Pieces of the cannon also hit three parked cars and a garage. Can the couple be found liable for negligence?
Yes, as setting off a cannon in close proximity to others creates a foreseeable risk of harm.
To purchase a ticket on JetAway, a low-cost airline, passengers had to agree to the Terms and Conditions on the JetAway website. The terms contained the following clause: "All disputes...that relate in any way to services provided by JetAway, Inc., ... shall be exclusively resolved by a single arbitrator through binding, individual arbitration administered by American Arbitration Association. Unless the parties mutually agree otherwise, the place of arbitration shall be Wilmington, Delaware. The parties agree that the Federal Arbitration Act governs this provision." A major data breach occurs at the airline, and years' worth of passenger data--including names, e-mails, credit card and passport information is compromised. Consumers affected by the data breach sue the airline in a class-action lawsuit. JetAway files an order to compel arbitration. Is JetAway's arbitration provision enforceable?
Yes, as the Terms are unlikely to be considered grossly unfair and were not agreed to under duress. Under existing law in most states, forced or mandatory arbitration clauses are usually legally enforceable, absent a showing of fraud, duress, or extremely deceptive or predatory practices. The fact that consumers rarely read terms and conditions is, by and large, legally irrelevant. It is also mostly irrelevant that consumers cannot purchase some types of goods and services without agreeing to these types of clauses. Why? Courts argue that consumers have freedom of contract and can seek out alternative goods and services in the marketplace. Ask yourself: Does this seem accurate to you? Why or why not? See John Doe #1 v. The College Board for a real-life example.
By exploiting weak employee passwords, hackers gained access to Twitter users' accounts—including former President Barack Obama's account—in order to post fake tweets. Twitter's terms of service promise users the company would protect users' information from unauthorized access. Can Twitter can be penalized for lax cybersecurity measures that affect users' data privacy?
Yes, because Twitter's failure to live up to promises made in its own terms of service is an unfair and deceptive trade practice.
Felicia lives in Hoboken, New Jersey, and works in communications. She applies for a corporate position at Etsy headquarters, located in Brooklyn, NY. She receives an interview, but is not offered a position at the company. After reading an exposé of Etsy's alleged discriminatory hiring practices in media reports, she believes that her race may have played a role in the company's decision not to hire her. She files a complaint with Equal Employment Opportunity Commission, an agency created by Congress' passage of the Title VII of the Civil Rights Act of 1964. If the EEOC declines to pursue the case on her behalf, may Felicia file suit in federal court?
Yes, even if she does not seek damages in excess of $75,000. Felicia plans to sue under Title VII, a federal statute. Thus, the case raises a federal question and should be filed in a U.S. District Court, a federal trial court, regardless of whether her claim meets both of the requirements for diversity jurisdiction. A state trial court will not have original jurisdiction to hear a claim that arises under federal law.
Darla and Derek, both FoodMart employees, end their romantic relationship. Derek, unhappy about the break-up, begins to threaten physical violence against Darla during work hours and frequently comes to the store looking for her when she is working. The store manager witnessed some of Derek's violent outbursts and threats and understood that Darla did not want to share her work schedule with Derek. One day, Derek enters FoodMart during Darla's shift and brutally attacks her. Darla sues FoodMart. At trial, testimony will show that a store employee informed Derek of Darla's schedule, unaware of his threats against her. Will FoodMart be found liable?
Yes, if Darla can prove FoodMart "knew or should have known" of the danger posed to her by Derek.
Litigation in which a group of plaintiffs sues a defendant or defendants on behalf of other similarly injured people is called:
a class-action lawsuit.
Which of the following is an example of a trial court of general jurisdiction? a state probate court a state domestic relations court a federal district court a federal tax court
a federal district court
Some states allow defendants in a negligence case to allege _____________________ negligence: this will not deny a plaintiff recovery of damages, but instead reduces a plaintiff's recovery by the percentage of fault attributable to the plaintiff.
comparative
_________________ damages are intended to restore the plaintiff to the position was in before the defendant's conduct caused injury; _______________ damages are intended to punish the defendant's unacceptable conduct and deter other entities or individuals from similar conduct.
compensatory; punitive
The tort of _________ punishes the intentional destruction or wrongful possession of another's personal property for a significant period of time; the tort of ______________ involves less damage to or wrongful possession of another's personal property for a shorter period of time.
conversion; trespass to chattels
Porter Plaintiff files a civil complaint against Dana Defendant in her local state court, but Dana never responds to the complaint and does not appear in court on the date listed on the summons. As long as the facts alleged in the complaint support Porter's legal claim, the judge may enter a __________________ in Porter's favor.
default judgment
In 1958, Congress passed the National Aeronautics and Space Act. This bill established the National Aeronautics and Space Administration (NASA). This is an example of ________________ legislation.
enabling? (not given correct answer, but this is what I put)
Altschu, a footwear company, markets their footwear to consumers with the promise that for each pair of shoes purchased, the company will send a pair of shoes to a needy child outside the United States. An investigative report, however, uncovers that the company has not shipped shoes to its overseas charitable partners for more than three years. Consumers (and the government) may be able to file suit against Altschu for:
fraud
An ______________________ is an equitable remedy in breach of contract cases: the court commands the breaching party to perform their contractual obligations.
order for specific performance
Matt, a ski instructor employed by MountainView Resort, decides to have a little fun with the young children in his ski lesson and begins to playfully throw snowballs at them. Five-year-old Ivy, who is startled by the snowballs whizzing in every direction, does not duck quickly enough when Matt aims one of the snowballs in her direction. Ivy is badly injured when the snowball, which contained a small shard of ice, hits her eye. MountainView Resort is liable for the tortious actions of its employees under the doctrine of ________________________.
respondeat superior
An intentional tort involves conduct in which:
the defendant acts deliberately, resulting in injuries to the plaintiff.
If a court applies res ipsa loquitur in a negligence case, _______________________________.
the defendant has the burden of proving he or she is not liable.
In awarding punitive damages, a court considers all of the following, except: the difference between the punitive award and any civil penalties used in similar cases. the financial condition of the plaintiff. the ratio between the harm suffered and the award. the reprehensibility of the defendant's conduct.
the financial condition of the plaintiff.
Set by state or federal statute, but influenced by convenience to the parties and the need for an impartial jury pool, _____________ refers to the geographical location where a case can be tried. Set by state or federal statute, but influenced by constitutional requirement of due process, ____________________ refers to a court's overall authority to hear a case.
venue; jurisdiction
