legal environment of business final
A business firm has a duty to exercise reasonable care to protect its business invitees
true
A defendants motion for a directed verdict if granted by the court can end a trial before the defendant presents witnesses
true
A descriptive term is protected under trademark law if it aquires a secondary meaning
true
A false statement about a persons business can give rise to liability for defamation
true
A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas
true
A law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.
true
A license may limit the use of a software application to a specific device
true
A mistake of fact can offer an excuse criminal responsibility
true
A motion for summary judgment can assert the plaintiff failed to state a claim for which the court can grant relief
true
A patent applicant must demonstrate that an invention is useful to receive a patent
true
A person who access a computer online without authority to obtain protected data is subject to criminal prosecution
true
A product will be considered effective when the omission of reasonable warnings renders the product not reasonably safe
true
A question of law is generally the focus of an appellate court.
true
A trade name is used to indicate all our part of a business's name
true
An illegal acts committed by business using nonviolent means to obtain a business advantage is a white collar crime
true
An online retailer contract I use with activities with cookies without violating the persons right to privacy
true
As part of the IDDR approach as described in the text, it is important to list many possible actions and analyze them using several different ethical theories.
true
Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.
true
Company codes of conduct outline company policies on particular issues and how employees are expected to act.
true
Congress or a state legislator establishes an administrative agency to perform a specific function
true
Controlling presidents are binding authorities
true
Digital sampling constitute copyright infringement
true
Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.
true
Federal guidelines allow company to disclose material information about south or social media as long as investors are notified in advance
true
In a response to an allegation of a defendant's negligence, the defendant's assertion of the plaintiff's negligence is an affirmative defense.
true
In deciding a claim of design defect, a court can consider the relative advantages and disadvantages of an alternative design for a product.
true
In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.
true
Intent can be transferred when an individual intends to harm one individual but unintentionally harms another
true
Intentional physical contact with another is not a battery unless the contact is unexcused harmful or offensive
true
Many states require the sender of an email ad to tell recipients how to opt out of receiving future email ads from the sender
true
Often more than one rule of law will be applicable to a case
true
Only if a state legislature adopts a uniform law does that law become a part of the statutory law of the state
true
Phishing is a distinct form of identity theft and cyber fraud.
true
Picking a jury an important aspect of litigation strategy
true
Preemption occurs when congress chooses to act exclusively on the subject over which the federal government shares power with the states
true
Some business processes can be protected as trade secrets.
true
State law may protect individuals from having to disclose their social media passwords to potential employers
true
That a favorable court decision will be likely to remedy an injury is an element of standing.
true
The Sarbanes Oxley act was enacted to reduce the number of unethical business decisions by requiring the accountability a publicly traded companies
true
The United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights
true
The basis of a civil law system is a written code of laws
true
The doctrine's in principles announced in court decisions govern all areas not covered by statutory or administrative law
true
The effect of the minimum contact standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers
true
The elements of an action in strict product liability include that a plaintiff must have incurred harm by the use or consumption of a product
true
The federal trade commission can effectively force a private company to consent to the agencies review of the companies privacy and data practices
true
The first 10 amendments to the US Constitution are commonly known as the Bill of Rights
true
The first step in making an ethical decision is to understand the problem
true
The fourth amendment protects only against searches that violate a persons reasonable expectation of privacy
true
The need to protect intellectual property is recognized in the US Constitution
true
Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.
true
Under the ninth amendment people have rights in addition to those specified in the constitution
true
Voir dire refers to the jury selection process.
true
When someone suffers injury because of another's failure to live up to require duty of care negligence occurs
true
a constitution is a primary source of law
true
a corporations compliance with the laws of any jurisdiction which it does business it's complicated by the fact that those laws can be very different
true
a economically injurious falsehood about a businesses product can support a tort action for disparagement of property
true
a law that limits a fundamental right may be held to violate substantive due process
true
a local ordinance commonly has to do with a matter concerning only a local governing unit
true
an Internet service provider that terminates subscribers who infringe copyrights can qualify for a safe harbor under the digital millennium copyright act
true
an act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable
true
because the courts have defined interstate commerce broadly arbitration agreements only slightly connected to interstate commerce may be i enforced
true
because the internet is international in scope, it raises international jurisdictional issues
true
corporate social responsibility links the responsibility of citizenship with a strategy and key principles of a business
true
duty based ethics is based on the idea that every business has certain duties to others
true
emotion to dismiss asserts that a claim has no basis in law
true
ethics is a branch philosophy that focuses on morality
true
every criminal statute prohibit certain behavior
true
in a product liability suit based on negligence, the plaintiff must show that the defendants conduct was the "cause in fact" of an injury
true
intellectual property is property resulting from intellectual creative processes
true
juries must decide a case based only on the information that they learned during the trial
true
liability for injuries based on proportionate negligence is allowed by most states
true
local governments, including cities, exercise police powers
true
manufacturers are commonly held liable when their negligence causes users of their products to be injured
true
most crimes require an act of commission
true
outcome based ethics determines what is ethical by looking at the potential benefits and harms of a given action
true
parties to international business transaction should include certain clauses including arbitration clause is in the contract to avoid added complexity in related legal proceedings
true
sanctions for spoilation of E evidence can include the entire cost for restorative recovery efforts
true
state regulatory powers are often referred to as police powers.
true
taking personal property from its owner without permission or just cause is trespass-retaining it is conversion
true
to obtain copyright protection under federal law a work must be original
true
under the federal wall protecting trademarks bad faith intent is one element of a claim of illegal cyber squatting
true
using another's trademark as a meta tag may be permissible
true
when making ethical decisions A business should evaluate the financial implications
true
when religious practices work against public policy the government can act
true
with respect to a patented process, all steps or their equivalent must be copied for infringement to occur
true
A business cannot use puffery without liability for fraudulent misrepresentation
false
A choice of law clause permits a party to choose which nations law to apply to a dispute arising under an international contract
false
A citation is a regulation enacted by a city or county legislative body.
false
A court should overturn it's precendents unless there is a compelling reason not to
false
A courts review of an arbitrator's decision is the same in scope as an appellet courts review of a trial courts decision
false
A default judgment is a judgment entered by a court in a case in which neither party prevails
false
A false statement made with actual malice can constitute defamation unless the statement is about a public figure
false
A federal statute applies only to those states that agree to apply it within their borders
false
A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.
false
A person who enters into a risky situation knowing the risk involved can nevertheless recover for a resulting injury of harm for reasons of public policy
false
A person who was injured by defective product can bring a negligence suit only if here she was the one who purchased the product
false
A person who wrongfully hurts another's good name or reputation orally maybe liable for Libel
false
A product made and conformed you with the manufacture designs specifications is not considered defective regardless of a flaw in the design
false
A request for admission can lengthen a trial because the parties have to take the time to approve facts on which they may already agree
false
A resident of one state when in another state can be denied the privileges and immunities of that state for any reason
false
A secondary source of law establishes the law on a particular issue
false
A social media post cannot be used to invalidate a settlement agreement
false
A state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.
false
A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.
false
A statute is a secondary source of law
false
After a patent is issued, there is a nine-month limit before it can be challenged.
false
All courts use the same test for legal insanity.
false
An act of omission cannot be a crime.
false
An unusual or fanciful trade name is not protected under trademark law.
false
Any court can exercise jurisdiction over any person.
false
Any party who gives information to the federal trade commission concerning possible deceptive conduct in a foreign jurisdiction is immune from liability
false
Anyone can circumvent encryption software or other technological anti-piracy protection without penalty
false
Award of grossly excessive punitive damages is normally available in a suit involving gross negligence
false
Because the Internet is international in scope no party to an online dispute resolution proceeding can appeal to occur at any time
false
Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.
false
Certain business processes are copyrightable.
false
Congress does not pass laws based on ethics
false
Crimes are sometimes prosecuted by crime victims rather than by a public official.
false
Cybersquatting is legal when the person offering for sale of a domain name that is the same of another's trademark intends to profit from the sale
false
Discovery the process of serving a summons in a copy of a complaint on a defendant
false
Embezzlement includes the making or altering of any riding in a way that changes the legal rights in abilities of another
false
Employers are prohibited from taking actions against employees or applicants based on their social network postings.
false
Even if it conflicts with the US Constitution a state constitution is supreme within that states borders
false
False imprisonment occurs only when a person justifiably restrained another
false
If a product was delivered in a safe condition and subsequent mishandling made it harmful to the user the seller is usually strictly liable
false
If a restriction Imposed on speech by the government is Content neutral than a court will not allow it
false
In a criminal case the object is to obtain a remedy
false
In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.
false
In some jurisdictions defendant to agree to wave formal service of process receive a reduction in the amount of an ultimate finding of liability
false
Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud
false
Judging a job applicant based on what an online search reveals about the applicant's activities outside the workplace universally is viewed as ethical.
false
Judicial reviews the process through which Congress approves or rejects judicial appointments
false
Larceny involves force or fear, but robbery does not.
false
Liability is imposed on a manufacturer for a manufacturing defect only when the manufacturer's quality control efforts were "reasonable."
false
Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial
false
No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect.
false
On appeal of a courts grant or denial of a motion for summary judgment the appellate court must degree to the trials courts ruling on the issue
false
Once a company has investigated any foreign suppliers it is unnecessary to continue to monitor those suppliers
false
Once a law is passed to coda find ethical requirement the ethical aspect of the action is no longer important
false
Once a manufacturer's trademark is established, another manufacturer may use it without permission.
false
One of the purposes of criminal law is to compensate the victims
false
Online conduct gives rise to only a narrow variety of legal actions
false
Only big businesses face potential liability for the products they sell
false
Privacy rights receive no protection under federal law
false
Service marks are not protected in the same way as trademarks
false
Study of business law does not involve an ethical dimension
false
Tapping into a competitors computer to obtain confidential business data is not a theft of trade secrets
false
Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.
false
The European Unions copyright rules limit the royalty protection for musicians to 10 years
false
The attempt to influence a public official to act in a way that serves a private interest is no crime
false
The federal courts are an independent system of courts superior to the state courts
false
The fifth amendment allows Persons to be deprived of property without due process of law
false
The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products
false
The manufacturer of a product may incur liability when a defect causes injury to a user but not when the defect fact causes property damage to a bystander
false
The registration of a copyright is not evidence that the copyright is valid
false
The rights secured by the bill of rights are absolute
false
The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm
false
The u.s. constitution divides power among the four branches of government
false
The uncertainties of The litigation process our lesson by the fact that any judgment will be enforceable
false
There are no international conventions or treaties to assist in the enforcement of arbitration clause is because their enforcement is a national domain
false
There is one right answer to every legal question
false
To maintain a claim of trademark dilution the products involve must be similar
false
To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.
false
Under the communications decency act Internet service providers are liable as publishers of defamatory statements that come from a third-party
false
Under the first amendment every US citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online
false
Under the principle of rights theory the key factor in a decision is how the result may harm the rights of the company to make money
false
Warrants are required for searches of businesses in highly regulated industries.
false
a dependent cannot be liable in an intentional tort action if he or she did not intend cause harm to the plaintiff
false
a social media post is not subject to discovery in litigation
false
a statute that prohibits theft by means of false pretenses usually applies only to goods, not services or cash
false
administrative law plays a relatively insignificant role in the regulatory environment of business
false
an appellate court will not challenge a trial courts findings of fact even if the findings is clearly erroneous
false
an employer can use his or her power and control to engage in an international pattern of outrageous abuse against an employee without potential tort liability
false
an over emphasis on the long run profit maximization is a common reason for ethical problems that occur in business
false
an unauthorized reproduction must be exactly the same as the original and reproduce the original and its entirety for infringement of copyright to occur
false
courts will not grant an equitable remedy unless the remedy at law is adequate
false
doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.
false
federal law permits the sending of unsolicited commercial email to randomly generated email addresses
false
for cause in fact to become a relevant issue in a product liability suit, a plaintiff must first establish proximate cause
false
if an appellate court affirms a jury's findings on one issue the court cannot remand the case for further proceedings on another issue
false
in a criminal case the defendant must convince the court that based on the evidence it is more likely than not that the dependent is not guilty
false
in a criminal case typically only 3/4 of the jersey to agree in order to convict the defendant
false
in a successful tort suit, and individual is awarded compensatory damages to him or her in a better position than the party who commuted the tort.
false
in the American governmental system applying the laws to specific situations is the essential role of Congress
false
independent regulatory agencies are not subject to the authority of the president
false
information that cannot be patented copyrighted or trademark cannot be protected as a trade secret
false
it is not a crime to use income obtained from racketeering activity to buy an interest in a legitimate enterprise as long as the deal is otherwise legal.
false
making ethical decisions is most often best done by analyzing objective standards instead of subjective impacts on stakeholders
false
rationalization is the process of making a logical decision based on evidence and an analysis of the ethical dimensions of the decision
false
state governments do not have any authority to regulate interstate commerce
false
the commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within the states borders
false
the free exercise clause prohibits the government from passing laws that have any impact on religion
false
the united states can prosecute foreign counterfeiters under u.s. law.
false
those who do not make goods but only sell or lease them cannot be held liable for harm caused by those goods to a consumer
false
to gain a share of a market a business person can interfere in another business even if the behavior is predatory
false
to use arbitration as a method of disputed resolution, the parties must agree to arbitrate any dispute before it arises
false
trademark delusion can occur online
false
when profit maximization is the goal, a company does not benefit from ethical behavior
false
with a motion to strike a party ass a court for permission to delay the start of a trial and protest of certain aspects or conditions of the plan of litigation
false
In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy.
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