ACCT 315 - Exam 1 (Ch1-5 & 7)

Ovid files a suit against Portia, alleging that she failed to pay him for goods shipped in response to an e-mail order. Portia denies the charge. If her e-mail order exists, it is

evidence

Fran tells Gio that her Hyundai Kia has never been in an accident. This may give rise to an action for fraud if the statement is

false

Evan is arrested for a theft committed by someone who stole his identity. A court orders his release, but due to a police error in Evan's paperwork, he is held in jail for a month. The police are most likely liable for

false imprisonment

Nick, the chief executive officer of On/Off Inc., a website for short rants, claims that certain government actions infringe on rights guaranteed by the Bill of Rights. Most of these guarantees have been held to limit

federal and state actions

If a company strictly complies with existing laws, the firm will

fulfill some business ethics obligations

The triple bottom line looks at all of the following except

how decisions impact the relationship between the U.S. and other nations

Sea Coast Café uses the trademark of Tacos del Mar without permission. This use of the mark is actionable as trademark infringement

if consumers are confused

Hal, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jack, a resident of Kentucky. Jack files a suit against Hal in Indiana. Regarding this suit, Indiana has

in rem jurisdiction

When adopting duty-based ethics, corporations often demonstrate the duties they owe

in their mission statements and strategic plans

In the case of Sales Corp. v. Transport Co., the court may rule contrary to a precedent if the court decides that the precedent

is incorrect or inapplicable

Ethics is important because laws may not always be easy to interpret or apply. This is because

laws represent the will of the people and that will is often changing

A constitution sets forth a government's

limits and powers

Gargantua Equipment Corporation registers its trademark as provided by federal law. This registration gives notice that the mark belongs exclusively to Gargantua. This notice is

national

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by

no one

Marco is harmed when Nell defames him. If Marco brings a successful tort action against Nell, he may be awarded general damages to compensate him for

nonmonetary aspects of the harm suffered, such as loss of reputation

Taco Hot Dogs, Inc., regularly advertises its products. Under the First Amendment, in comparison with noncommercial speech, the protection given these ads is

not as extensive

When making decisions that are ethical under either profit maximization or corporate citizenship theories, a business should include all of the following steps except

publicize the options you rejected with your reasons

Opal is injured and her property is damaged when a truck with defective brakes careens off an adjacent highway and crashes into her home. If Opal brings a successful tort action against the truck's owner for gross negligence, she may be awarded punitive damages to

punish the defendant and deter others from similar wrongdoing

Leigh buys Masters of Business, a copyrighted book. Under the first sale doctrine, Leigh can legally

sell the book to another person

In a phone call to Lou, Mia makes statements about Nye that injures Nye's reputation. If Nye can prove all of the elements of defamation and Mia cannot assert a sufficient defense, Mia is most likely liable for

slander

In a digital ad, Geo Treks, a retail sports equipment store, falsely accuses its competitor Headwaters of selling stolen kayaks and other gear. Headwaters' sales decrease. Geo Treks has most likely committed

slander of title

Mary creates a t-shirt design that expresses support for Nash, a presidential candidate, and distributes t-shirts to all of her friends. The t-shirts are an example of

symbolic speech

A rule issued by the federal Environmental Protection Agency (EPA) limits the amount of carbon that can be emitted from a car's exhaust system. California state law prescribes much higher limits. Under the U.S. Constitution

the EPA rule takes precedence

The utilitarian theory of ethics does not require

the acquiring of the means of production by workers

Tyler, a citizen of Utah, files a suit in a Utah state court against SeaCoast Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that

the case is being heard for the first time

The federal government has the power to regulate commercial activities among the states under

the commerce clause

The National Restaurant Association announces a new industry code of ethics. The effectiveness of this code will be determined by

the commitment of management to enforcing the code

Generally, given the broad language of the Constitution, the line between state and national powers is often determined by

the courts

Georgia enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. Price-Lo Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

the establishment clause

Caryn is faced with making a business decision. As she thinks about the problem, she feels that there is no easy answer. She continues to think about what is making her uncomfortable about the situation before brainstorming possible solutions. If Caryn is using the IDDR approach to decision making, she is engaged in

the inquiry step

With respect to what society will tolerate, a company's compliance with the law, and no more, is

the lowest ethical level

Prognosis Inc. owns a brain-computer interface that enables physicians to diagnose and treat some diseases quickly and accurately. Federal copyright protection extends to

the parts of the app that can be read by computers

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. Because the parties have a long-standing business relationship that they would like to continue, they could settle their dispute through mediation because

the process is not as adversarial as litigation

On a challenge to a provision in a state constitution that conflicts with a provision in the U.S. Constitution

the state provision will not be enforced.

Under the U.S. Constitution, the federal government has the power to regulate commercial activities among the states. This grant implies that the regulation of such activities is not within the authority of

the states

Larry takes Kyla's textbook and hides it so that she cannot find it during the week before the exam. In taking the textbook, Larry most likely committed

trespass to personal property

Graphix S.A. traffics in labels that bear counterfeit trademarks. This is a crime

under all circumstances

Cattle House Steaks, an Alabama company, enters into a contract over the phone with Beef Packing Inc., an out-of-state corporation. If a dispute arises, an Alabama court can exercise jurisdiction over Beef Packing

under the minimum contacts test

Viaduct Corporation used untested and risky construction techniques to build a bridge under budget. The techniques were legal but the bridge collapsed, killing several people. Viaduct's actions were

unethical and may result in legislation to ensure it does not happen again

Commercial Supply wants to initiate a suit against Downwind Power Corporation by filing a complaint. The complaint should include a statement of the facts necessary to show that

Commercial is legally entitled to a remedy

Persons who favor the creation of a federal agency to regulate the production of genetically modified agricultural products should concentrate their lobbying efforts on

Congress

Berry Good LLC registers its trademark with the U.S. Patent and Trademark Office, and uses it to market a distinctive line of ice cream products. Crabapple Inc. uses the mark without Berry's consent to sell imitation frozen desserts. Berry has a cause of action against

Crabapple

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

Diego was not injured

Grain Farms, Inc., files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that

Harvest was notified of the suit

Greg is marketing manager for Home Stuff LLC. Greg is responsible for branding the company's products. Aspects of branding that can be trademarked include

a catchy phrase, such as "Stuff your home with Home Stuff!"

A precedent is

a court decision that furnishes an example for deciding subsequent cases involving similar or identical facts or principles

Pete, a broker, advises Ollie to invest in Rocky Road Inc. When the share price of Rocky's stock decreases, Ollie accuses Pete of fraud, claiming reliance on Pete's advice. The reliance that gives rise to liability for fraud requires

a misrepresentation of fact knowing that it is false

Beth files a suit against Cruise Line, Inc. Cruise responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Cruise can support this response with witnesses' sworn statements. Cruise should file with the court

a motion for summary judgment

The Bill of Rights embodies

a series of protections for the individual against government action

Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as

a service mark

Power, Inc., is a corporation engaged in the business of producing, refining, and distributing energy resources. With respect to the firm's managers, legal concepts can be useful for Power's

all of the choices: a. accounting and finance manager. b. human resources manager. c. marketing manager

Information that may be protected as trade secrets includes

all of the choices: marketing techniques, customer lists, pricing information

Works that are copyrightable include

all of the choices: product packaging, books, music videos

Gina and Harry present their case to an Idaho state court for resolution. The court defers to a different Idaho court's findings of fact in the case, and focuses on the application and interpretation of the law to the dispute. The court currently deciding Gina and Harry's dispute is

an appellate court

In a suit against Karen, Luke obtains an injunction. This is

an order to do or to refrain from doing a certain act

VidGames Inc. markets a variety of shooting, fighting, and hunting video games. A state statue is enacted to require all game makers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

an unconstitutional restriction of speech

Applying the relevant rule of law to the facts of a case requires a judge to find previously decided cases that, in relation to the case under consideration, are

as similar as possible

The Uniform Commercial Code provides a set of rules governing

commercial transactions

In a suit by Citizens Conservation Organization (CCO) against Deep Mining Inc., CCO serves a written request for the defendant to admit the truth of matters relating to the trial. Deep Mining's admission in response

conclusively establishes the matter for trial

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

conversion