Business Law Review CH 4,5 & 7

Congress has the expertise to develop specialized knowledge in communications. Select one: True False

False

Intentional torts result from carelessness. Select one: True False

False

Statements made during the course of judicial proceedings can serve as a basis of a defamation suit. Select one: True False

False

The U.S. Supreme Court has articulated the view that it sets the framework for all other U.S. laws whether statutory or judicially created. Select one: True False

False

The United States is similar to industrialized democracies in having a Supreme Court that reserves for itself the exclusive power to interpret what the Constitution means. Select one: True False

False

The word tort is derived from the French word tortum, which means twisted or crooked. Select one: True False

False

Under the Freedom of Information Act (FOIA), any person has a legally enforceable right of access to geological information concerning wells. Select one: True False

False

When Congress does use its power under exclusive regulatory authority, it can expressly state that it wishes to execute the commerce clause. Select one: True False

False

A newsmagazine may use a baseball player's picture on its cover without first obtaining written permission. Select one: True False

True

Administrative regulations are not legally binding unless they are published. Select one: True False

True

In a defamation case, public figures must prove that the defendant not only had his facts wrong, but also lied to the public in a malicious way with reckless disregard of the truth. Select one: True False

True

In a free market, there are no parties, institutions, or governmental units regulating the price, quantity, or quality of any of the goods being bought and sold in the market. Select one: True False

True

The Supreme Court has reserved for itself the power to determine when state action is excessive, even when Congress has not used the commerce clause to regulate. Select one: True False

True

The actual cause of negligence is sometimes called the "but for" event that is a breach of duty on the part of the defendant. Select one: True False

True

The appropriations clause of Article I says that federal money can be paid out only through an annexation made by law. Select one: True False

True

The law imposes no obligation to act in a situation to which we are strangers. Select one: True False

True

Which of the following truly defines "res ipsa loquitur"? Select one: a. It creates a presumption that the defendant engages in ultra-hazardous activities. b. It means that the plaintiff would not have suffered injury but for someone's negligence. c. It refers to a case where defective products create an unreasonable risk of injury to consumers or others. d. It is an award of money damages to make the plaintiff whole. e. It refers to actions of the defendant that violates an ordinance.

b. It means that the plaintiff would not have suffered injury but for someone's negligence.

Which of the following is true about fundamental liberties? Select one: a. Only the right against involuntary quartering of soldiers and the right to be indicted by a grand jury have been applicable to the states. b. The liberty interests are grouped from general right to privacy. c. The word "liberty" cannot be viewed as a rational continuum protecting arbitrary impositions on humans. d. The Supreme Court is said to have selectively incorporated the Bill of Rights into the takings clause of the Fourteenth Amendment. e. The word "liberty" can be defined by a definitive list of rights.

b. The liberty interests are grouped from general right to privacy.

According to the Freedom of Information Act, _____. Select one: a. any person has a legally enforceable right to access to geological information concerning wells b. a federal agency is required to respond to a document request within 10 days c. requesters are not required to pay the cost of locating and copying the records d. all the documents are available for public inspection e. there are a total of five exceptions to the Act

b. a federal agency is required to respond to a document request within 10 days

A defense to a plaintiff's action in tort where the plaintiff has knowingly and voluntarily entered into a hazardous activity which results in injury is known as _____. Select one: a. causation in fact b. assumption of risk c. negligence of plaintiff d. negligence per se e. res ipsa loquitur

b. assumption of risk

Which of the following is a proximate cause? Select one: a. The injuries to the plaintiff are too remote. b. If an injury would not have occurred but for the defendant's conduct. c. A cause that is foreseeable. d. An event that is a breach of duty on the part of the defendant. e. A defense to a plaintiff's action where the plaintiff has knowingly entered into a risky activity that results in injury.

c. A cause that is foreseeable.

Which of the following is an example of a battery? Select one: a. Pointing a loaded gun at a person. b. Swinging a fist at someone without hitting him/her. c. A person poking someone in the chest with his/her finger to emphasize a point. d. Throwing an object at a person that causes a nearby person anxiety. e. Tapping someone on the shoulder to ask a question

c. A person poking someone in the chest with his/her finger to emphasize a point.

Which of the following is true with regard to the control of administrative agencies? Select one: a. Congress cannot always pass laws repealing regulations that agencies promulgate. b. Federal agencies are not subject to the fiscal scrutiny of the Office of Management and Budget. c. Agencies are not permitted to go directly to Congress for increases in budget. d. The president has a direct leverage over the continuation of administrator's programs and policies. e. A business having exhausted all administrative remedies cannot seek judicial review of a final agency decision.

c. Agencies are not permitted to go directly to Congress for increases in budget.

Which of the following is a criticism of the legitimacy of administrative lawmaking? Select one: a. The agencies capture the industry they are directed to regulate. b. They stimulate the ability to compete. c. They overregulate, thereby stifling individual initiative. d. Some agency activities are not reviewable e. Federal agencies are not subject to the fiscal scrutiny of the Office of Management and Budget (OMB).

c. They overregulate, thereby stifling individual initiative.

Based on the supremacy clause, the _____ holds that state and federal laws that conflict must yield to the superior law, which is federal law. Select one: a. separation of powers b. takings clause c. doctrine of preemption d. substantive due process e. dormant commerce clause

c. doctrine of preemption

An individual or a company may challenge agency action where such action is _____: Select one: a. in accordance with the agency's scope of authority b. in accordance with the U.S. Constitution or the Administrative Procedure Act c. unwarranted by the facts d. in accordance with the substantial evidence test e. nonarbitrary, rational, or otherwise in accord with the law

c. unwarranted by the facts

Which of the following is true according to the substantive due process claims? Select one: a. The government cannot arbitrarily take the life of a criminal defendant. b. The government cannot take private property without just compensation. c. Legislation on business affairs is not subject to judicial scrutiny. d. A law will be voided unless it is narrowly tailored to serve a significant purpose. e. The law ensures that the government does not take private property without just compensation.

d. A law will be voided unless it is narrowly tailored to serve a significant purpose.

Which of the following is true with regard to trial-type hearings? Select one: a. The Federal Trade Commission is empowered to charge a company with having violated the enabling act. b. An administrative law judge (ALJ) is subject to supervision by anyone in the agency who carries on an investigative or prosecutorial function. c. An ALJ is appointed for life as federal judges are. d. Safety and quality inspections need not be filtered through a full-scale hearing. e. The ALJ is bound to decide in favor of a party producing more persuasive evidence.

d. Safety and quality inspections need not be filtered through a full-scale hearing.

Article I of the Constitution deals with _____. Select one: a. the executive branch b. judicial powers c. administrative agencies d. legislative powers e. federalism

d. legislative powers

Which of the following is stated by Article I, Section 8, which sets forth the powers of the federal legislature? Select one: a. The United States would have different duties, imposts and excises for each state. b. The Congress cannot borrow money on the credit of the United States. c. The president should be the commander in chief of the armed forces. d. Individual rights must be preserved against activities of the federal government. e. The Congress shall have power to regulate commerce with foreign nations.

e. The Congress shall have power to regulate commerce with foreign nations.