BLAW Final

The Family and Medical Leave Act gives employees the right to take:

12 weeks of unpaid leave per year for health and family related reasons.

Governmental control of safety in commercial food, drink, drugs, and cosmetics began with the passage of the Pure Food and Drug Act of ___________.

1906

The Age Discrimination in Employment Act of 1967 prohibits discrimination against employees who are over the age of ___________, if the employer has twenty or more employees.

40

______________________ is NOT a protected class under Title VII of the 1964 Civil Rights Act.

Age

The Lanham Act regulates __________________ advertising claims.

All of the above. deceptive misleading false

What is true of products liability law?

All of the other choices are true of products liability. It is a form of negligence. Misuse is a defense to products liability. It exist is the form of design defect as well as manufacturing defect. It assigns liability to the manufacturers and retailers of consumer products who are injured by their products.

The cornerstone of federal employment discrimination law is the ____________________.

Civil Rights Act of 1964

The _________________ Clause, known as the Food Additives Amendment, was added to the Food, Drug, and Cosmetic Act in 1958 and gave the FDA the authority to set the safe use level of food additives.

Delaney

The first step in pursuing a claim under Title VII is to file a claim with the ________________________.

EEOC Equal Employment Opportunity Commission.

The _________________________ Act regulates credit bureaus (credit reporting agencies).

Fair Credit Reporting

The ___________________________ Act regulates credit bureaus (consumer reporting agencies).

Fair Credit Reporting

The ___________________________ is charged with monitoring food and drug safety.

Food & Drug Administration

_______________ refers to the country where a person is born or the country from which his or her ancestors came.

National Origin

The part of the Constitution that gives Congress the authority to make laws to carry out powers granted to Congress in the Constitution is the:

Necessary and Proper Clause

What must be proven by the Plaintiff in order to recover on a claim of negligence?

That the Defendant had a duty of reasonable care; that the Defendant breached that duty of care; that as a result of the Defendant's breach the Plaintiff was injured and resulting damages from the Plaintiff's loss.

Federal judges are nominated by:

The President

What is the statute of limitations on felonies in North Carolina?

There is no statute of limitations on felonies in North Carolina

Todd is asleep in his dorm room. His roommate Bob, comes into the room and begins hitting him on the back of the head while he is still asleep. Todd requires medical assistance and ultimately sues Bob for assault and battery. What will be the result?

Todd will recover on the battery claim but not on the assault claim provided he can show that Bob intended the battery.

The ____________________ Act requires standardized loan terms in all loan contracts.

Truth-in-Lending

Statutory law is:

a law enacted by a legislative body

An agent with authority to represent the principal only for a specific transaction, usually for a limited time is a(n):

a special agent

The type of regulatory rule that has the same binding force and effect as a statutory law passed by Congress is:

a substantive rule

Original jurisdiction means power to:

accept a lawsuit, try it, and pass judgment

The Constitution was amended almost immediately to ensure that there was:

adequate protection for individual rights

This ad was seen in a publication: "Wanted: Assistant to the President. Great job opportunity for bright, young, hard working person to work with President of a major private university." This ad is most likely to violate:

age discrimination laws since "young" is probably not over the age of 40

Tort law can be classified as:

all of the above choices intentional torts strict liability negligence products liability

State judges:

all of the other choices are correct

The complaint filed by plaintiff contains:

all of the other choices are included

Which of the following are things that must be shown by a worker's in order for her to have a claim under worker's compensation?

all of the other choices are necessary for a claim.

Federal courts have the judicial power to hear cases involving:

all of the other choices can be correct

A defendant must file a responsive pleading to a complaint filed by a plaintiff. The defendant may file which of the following:

all of the specific choices are possible

The Environmental Protection Agency is an example of:

an administrative agency

A judicial system that requires parties to represent themselves and argue their positions before a neutral court is referred to as:

an adversarial system of justice

An example of an estate in land that creates a servitude on the land would be:

an easement

An agency may be established by:

any of the other choices. operation of law. means of the doctrine of estoppel. ratification. written agreement.

Assume that the congregation of a Roman Catholic church wants to hire a new priest and requires that the successful applicant be a graduate of the Roman Catholic seminary. An applicant who is turned down for the job is a graduate of the Baptist Seminary. If the unsuccessful candidate sues arguing discrimination under Title VII, the Roman Catholic church's defense for its seminary requirement would be that it is a __________________________________.

bona fide ocupational qualification

Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:

broad Congressional regulation of business

In Davis v. Baugh Industrial Contractors, the traditional common law rule prevented a party who accepted a completed construction project from later suing the contractor for flaws in construction that caused injury to other. In reviewing such a case, the Washington state high court held that the rule was not sensible in modern times and would be dropped. This is an example of how:

common law can adapt to changing circumstances

Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is called:

compensatory damages

Which of the following is true about the federal appeals courts?

courts of appeals usually assign three-judge panels to review decisions of district courts

The United States Constitution:

created the three branches of government

In McCulloch v. Maryland, the Supreme Court held:

creation of a national bank was constitutional under the Necessary and Proper Clause

Under Title VII of the 1964 Civil Rights Act, unintentional discrimination is referred to as ___________________________ discrimination.

disparate impact

Under Title VII of the 1964 Civil Rights Act, intentional discrimination is referred to as ________________________ discrimination.

disparate treatment

In a criminal case, if evidences is not gathered properly, such as by a search that violates Fourth Amendment rights, then at trial that evidence is:

dropped under the exclusionary rule.

A corporation is recognized under both federal and state law as a "person" and:

enjoys all the same rights and privileges accorded to U.S. citizens.

The US Constitution created these branches of federal government

executive, legislative and judicial

The United States Constitution created these branches of the federal government:

executive, legislative and judicial

The Bill of Rights is the:

first ten amendments of the U.S. Constitution

Following a trial's opening statements, the plaintiff:

goes first since he has the burden of proving that his arguments are correct

If the U.S. Supreme Court accepts a case on appeal it:

grants a writ of certiorari

Ethics, in the context of business practitioners:

has to do with rules or standards governing the conduct of members of a profession and how standards are put into action within an organization

A major advantage of the use of precedent in law for businesses is that they will:

have reasonable expectations about the enforcement of agreements

In Lamson v. Crater Lake Motors, in which a car sales employee who felt that the sales tactics of the company were unethical and was fired after he refused to cooperate sued the company for wrongful discharge, the appeals court found that Lamson had no case because:

his actions were not an important public duty all of the other specific choices the defendant took no action concerning hte plaintiff that amounted to a tort under the applicable law none of the other specific choices he was not explicitly or implicitly directed to participate in any unlawful activity

Making marijuana illegal in the United States and alcohol illegal in Saudi Arabia are both examples of:

how governments can use law to enforce different social norms

If property that is located in a state becomes the subject matter of a lawsuit, the power of a court in that state to resolve disputes concerning the property is called:

in rem jurisdiction

The FTC established through regulations and a policy statement that an advertisement would be considered deceptive if it ____________________________________.

is likely to mislead a reasonable consumer

At most trials, after the parties present their closing arguments, the:

judge instructs the jury on the law; the jury applies the law to the facts it determines

Statutory law is created by:

legislative bodies. Federal statutory law is created by Congress. State statutory law is created by state legislatures.

When a plaintiff files a suit against a defendant, plaintiff:

must give notice to the defendanty by service of process

Which of the following are true of Courts with Appellate Jurisdiction?

none of the other choices are true with regards to Appellate Court

The doctrine of judicial immunity means judges may:

not be sued for damages that result from their judicial acts

The discovery stage in the trial process is intended for the:

parties to obtain information about the facts before the trial starts

The Nutrition Labeling and Education Act of 1994 required the FDA to issue nutrition labeling regulations. These FDA regulations now require that certain food components be listed ____________________ on food product nutrition labels.

per serving

Personal jurisdiction over the Defendant is achieved by :

personal service of the complaint and notice of hearing on the Defendant.

Which is the correct order of stages for a typical lawsuit:

pleadings, discovery, pretrial, trial, appeals

Before being controversially struck down by the Supreme Court in the Citizens United case, the McCain-Feingold Act:

prohibited for-profit and non-profit corporations and unions from broadcasting "electioneering communication"

The Kefauver Amendment of 1962 requires that the FDA approve drugs based on their ___________________, not just their _______________________ as required before 1962.

proven effectiveness, safety

Enforcement of law in a society is important because it:

provides some predictability and uniformity to the boundaries of acceptable conduct

A ________________________ is permission given by shareholders to someone else to vote their corporate shares on their behalf in the manner in which the shareholders instruct.

proxy

Employers are obliged to make ____________ accommodations for persons with disabilities and are expected to incur expenses in making a position or workstation available to qualified disable applicants and employees.

reasonable

What are the four sources of law, as identified in the Chapter One lecture, from which all other laws are derived?

regulatory law, common law, constitutional law and statutory law

The reasonable person standard compares the actions of the wrongdoer/tortfeasor with those of a hypothetical person known as the reasonable person. The reasonable person:

represents a standard of how persons in the relevant community ought to behave.

In an orderly society, law and the legal system help to:

resolve disputes influence the behavior of members of society provide a way for important social changes to take effect all the answers are part of the role of law maintain the important values of society

The Equal Pay Act of 1963 prohibits employment pay discrimination on the basis of ___________________.

sex

In Title VII discrimination cases, after the plaintiff establishes a basic claim, the burden of proof then __________________________________________.

shifts to the defendant to present evidence that the claim is untrue or that there was a legal reason for its (the employer's) decision, and then the burden shifts back to the plaintiff

The use of legal precedent, or the use of prior decisions as guidance in disputes that occur later, is called:

stare decisis

The constitutional requirement that governments must give just compensation for property taken for public use is known as:

takings clause

The part of the Constitution that probably has the largest impact on business is known as:

the Commerce Clause

Most cases involving questions of federal law originate in:

the U.S. district courts

To create a corporation:

the corporation's articles of incorporation are filed with the appropriate officer of the state.

Personal jurisdiction over the person of the defendant is achieved when:

the defendant is served with a copy of the complaint

Regulatory takings cases indicate that:

the destruction of property value must be almost complete for compensation to be due

A principal's ratification is:

the principal's acceptance of responsibility for an agent's activities.

Proper venue refers to:

the proper place where a lawsuit is heard

The individual designated by a business organization to receive service of process for the business is known as:

the registered agent.

The Constitution intends for the judiciary to have significant independence from the other parts of the government as part of:

the system of checks and balances

Depositions, written interrogatories, orders for production of documents and request for admissions are all examples of:

the tools of discovery

The United States Constitution divides governmental power to prevent:

the tyranny the founders experienced under King George III

What of the following are true as it relates to stare decisi?

the use of precedent to decide pending and future cases. it is an aspect of common law. Correct Answer all of the other choices are true it is controlling authority but it can be changed It is Latin meaning, "to stand on things decided".

In the American court system:

there is a federal system and a similar system of trial and appeals courts in each state

Administrative agencies are created by Congress because:

they can consider technical details more effectively than Congress and have the ability to monitor a regulated industry on a continuous basis.

The purpose of allowing federal jurisdiction when a dispute arises between citizens of different states is:

to provide a neutral forum for handling such disputes

To help stimulate jobs in its wine industry, New York does not tax New York wines but taxes other wines $1 per bottle. This tax is:

unconstitutional because it violates the Commerce Clause

The process by which judges or attorneys ask jurors questions to determine whether a prospective juror is likely to be so biased that he or she could not reach a fair decision based on the evidence presented is called:

voir dire

In Kelo v. City of New London, Conn., where the city forced people to sell their houses so there could be a new large project build, the Supreme Court held that hte forced sale:

was legitimate even if the city sold the property to a private party

The Commerce Clause of the Constitution gives Congress the power to regulate trade:

with foreign nations and among the states

The commerce clasue of the Constitution gives Congress the power to regulate trade:

with foreign nations and among the states