biz law back test

Elise, an emergency medical technician renders aid to a participant in Forest Trail Marathon, an athletic event. Regarding a suit by the participant against Elise for negligence, Elise is immune from liability under​ a. the doctrine of ipsa loquitur b. no circumstances c. an applicable Good Samaritan statute d. The "danger invites rescue" doctrine

an applicable Good Samaritan statute

ClearCall Corporation makes phones, which are sold to consumers by DefDeals stores. Erna files a product liability suit against ClearCall, alleging a design defect. In deciding whether to hold ClearCall liable, the court may consider a. Erna's intended use for the phone. b. DefDeals' method of accounting. c. ClearCall's quality control efforts. d. an available alternative design.

an available alternative design

8th Amendment

excessive bail, cruel and unusual punishment

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of a. all risks b. obvious risks c. foreseeable risks d. no risks

foreseeable risks

Leah gains access to government records and alters certain dates and amounts in her favor. This is a. no crime b. forgery c. embezzlement d. larceny

forgery

Lipstick, Inc. makes cosmetics. Lipstick intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling. Mikayla buys a Lipstik product and suffers and injury. Lipstik is most likely liable for a. fraud b. puffery c. product misuse d. privity

fraud

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

Arrow Straight Corporation makes archery supplies. While using an Arrow Straight bow, Jamie is injured due to a defect in the bow that causes an arrow to misfire. Kaley, another archer standing by, is also injured. In a product liability suit based on strict product liability, Arrow Straight may be liable to a. Jamie and Kaley. b. no one. c. Kaley only. d. Jamie only.

Jamie and Kaley

3rd Amendment

No quartering of soldiers

4th Amendment

No unreasonable searches and seizures

A contract may include a clause stating that damages will be limited to a maximum amount. a. True b. False

True

A licensor might grant a license allowing a trademark to be used as part of a domain name a. True b. False

True

An intended beneficiary can sue directly to enforce a promisor's promise a. True b. False

True

Corporations can be perceived as owing ethical duties a. True b. False

True

Crimes occurring in a business context are popularly referred to as white-collar crime a. True b. False

True

Duty-based ethical standards very often come from religious precepts or through philosophical reasoning a. True b. False

True

If a voidable contract is ratified, the parties must fully perform their respective legal obligations. a. True b. False

True

Most contracts need to be performed only to the satisfaction of a reasonable person unless they ex pressly state otherwise a. True b. False

True

The First Amendment protects commercial speech more extensively than noncommercial speech a. True b. False

True

The role of the courts is to interpret and apply the laws a. True b. False

True

The sanctions imposed on criminal wrongdoers are the same as those applied in civil cases. a. True b. False

True

Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject a. True b. False

True

to maintain a suit for the invasion of privacy, a person must have a reasonable expectation of privacy in the particular situation a. True b. False

True

BurgerBoy Restaurant Corporation allows its trademark to be used as part of a domain name for BurgerBoyNY, Inc., an unaffiliated company. BurgerBoyNY does not obtain ownership rights in the mark. This is a. Fair use b. trademark infringement c. trademark dilution d. a license

a license

The Consumer Product Safety Commission is a government agency that issues rules, orders, and decisions. The Colorado state legislature enacts statutes. The Washington County Board and the Silver City Council enact ordinances, Administrative law includes a. the rules, orders, and decisions of the Consumer Product Safety Commission b. ordinances enacted by the Washington County Board and the Silver City Council c. all laws that affect a business's operation d. statutes enacted by the Colorado state Legislation

all laws that affect a business's operation

John Jones decides to use his personal name for a line of clothing he is developing. Whether or not the name John Jones acquires a secondary meaning will depend on a. how extensively John markets his line of clothing. b. the market for John's line of clothing. c. the number of clothing sales John makes. d. all of the choices are correct.

all of the choices are correct

Charles is a federal judge whose judicial decisions are part of case law, which does not include interpretations of a. parties' subjective motives for engaging in litigation b. statutes enacted by legislatures c. constitutional provisions d. regulations created by administrative agencies

regulations created by administrative agencies

Drake enters into a contract with Eve, who claims to have access to a stock-trading algorithm that will multiply an investment many times over. When the results do not match this promise, Drake learns that Eve does not have access to any unique software and files a suit against her, alleging fraud. Proof of an injury is required to a. recover damages b. undo Eve's influence c. punish the defendant d. rescind the contract

rescind the contract

5th Amendment

right against self-incrimination

Maura enters a convenience store and points a gun at the clerk Nate. She forces Nate to open the cash register and give her all the money. Maura will most likely be charged with a. robbery b. burglary c. larceny d. receiving stolen property

robbery

Rosalind, a seventeen-year-old, signs a contract to sell her car to Street Fleet Used Cars. The next day, Rosalind tells Street Fleet that she's decided not to sell the car. Rosalind is liable to Street Fleet for a. the amount of its profit on the deal b. nothing c. the value of her performance under the contract d. the cost of a car of comparable value

the cost of a car of comparable value

7th Amendment

trial by jury in civil cases

Sam, the chief accounting officer of Texas Fencing Corporation, wants to be sure that all the company's accounts are legal and ethical. He is unsure exactly what is legal and what is illegal, Sam should a. not worry about what is legal or illegal as long as it benefits the directors of the corporation b. not worry about what is legal or illegal as long as it benefits the shareholders c. try his best to not do anything illegal and keep documentation showing that he always acts in good faith d. Not worry about what is legal or illegal as long as the corporate officers benefit in the short run

try his best to not do anything illegal and keep documentation showing that he always acts in good faith

Mallory promises to buy illegal digital copies of movies from Nick, who promises to deliver on October 31. These promises are most likely a. valid b. enforceable c. voidable d. void

void

Lucas is a corporate officer for Micro Manufacturing Company. Ethical dilemmas that Lucas is not likely to encounter include deciding a. what to tell a reporter about the recent drop in corporate stock prices when the drop was due to mistakes made internally b. whether to report internal misconduct to a government agency c. whether to lay off employees or take a loss in corporate profits d. whether to provide federally mandated family medical leave to employees

whether to provide federally mandated family medical leave to employees

File-sharing software can be used to download others' copyrighted property without liability for any infringement a. True b. False

False

Much of the material on the Internet, including software and database information, is not copyrighted a. True b. False

False

A defamatory statement must be communicated to a third party to be actionable a. True b. False

False

A patent and a copyright are examples of intellectual property, but a trademark is not. a. True b. False

False

A statement of opinion is generally subject to a claim of fraud a. True b. False

False

A trade name cannot be protected if it is unusual a. True b. False

False

Before a trial, the plaintiff can file a motion to dismiss a. True b. False

False

Ethics is clearly defined as the law a. True b. False

False

Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that a. Destiny's statement on the facts is not true b. Destiny did not state a claim for which relief can be granted c. Destiny's statement of the law is not true d. Enzo suffered greater harm than Destin

Destiny's statement on the facts is not true

A claim of trademark dilution requires proof that consumers are likely to be confused by a connection between the unauthorized use and the mark a. True b. False

False

9th Amendment

People get rights not listed in Constitution.

Owen files a suit against Perry. If Perry fails to respond a. Owen will not be awarded a remedy b. Perry's failure to respond will be considered a denial c. Owen must appeal the case to a different court d. Perry will have a default judgement entered against him

Perry will have a default judgement entered against him

10th Amendment

Powers not listed reserved to the states or the people

2nd Amendment

Right to bear arms

6th Amendment

Rights of accused persons, e.g., right to a speedy and public trial.

Skip is accused of a crime. Skip can refuse to provide information about his alleged criminal activities a. if the police do not promise to keep the information confidential b. if he suspects the information will be used to prosecute him c. if the information is "fruit of poisonous tree." d. under no circumstances

if he suspects the information will be used to prosecute him

Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of a. puffery b. fact c. opinion d. illusion

illusion

Edith works for Fast Trades, inc., a brokerage that facilitates frequent, quick securities transactions for investors. Edith, in stealing her employer's computer program to start up her own competing business commits: a. robbery b. larceny c. no crime d. obtaining goods by false pretenses

larceny

Air Flo, Inc., and Banyan Grove Apartments enter into an oral contract in which Air Flo agrees to provide air-conditioning and heating maintenance for Banyan Grove's facilities for two years. This contract is enforceable by a. any third party, such as a HVAC suppliers provider b. Banyan Grove c. Air Flo d. none of the choices

none of the choices

Edward and First Star Company enters into a oral contract under which Edward agrees to provide delivery service for First Star for nine months. The contract is enforceable by a. none of the choices b. either Edward or First Star c. any interested third party, such as a First Star customer

none of the choices