BUL 4310 MIDTERM

Lake City enacts an ordinance that bans the distribution of all printed materials on city streets. Mackensie opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In her suit against Lake City, a court would likely hold the ban on printed materials to be... a. constitutional under the first amendment b. not subject to the US constitition c. unconstitutional under the commerce clause d. unconstitutional under the first amendment

d

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 a. appropriation. b. none of the choices. c. conversion. d. trespass to personal property.

d

Liz and Moss disagree over the amount due under their contract. To avoid involving any third party in the resolution of their dispute, Liz and Moss could resolve their dispute through a. arbitration b. litigation c. mediation d. negotiation

d

Motor Corporation (MC) makes cars and trucks. National Sales Company sells all MC vehicles. Open Road Inc. leases only the cars. Under product liability laws, liability for injuries or damage caused by an MC vehicle may be imposed on a. mc only b. none of the parties c. mc or national sales only d. mc, national sales, or open road

d

Neville files a suit against Olina. To obtain information to prepare for trial, the parties engage in discovery. This includes gaining access to each other's witnesses and other types of evidence by a. chicanery, subterfuge, and similar methods. b. undue harassment, improper requests, and related tactics. c. voir dire, the rule of four, and a writ of certiorari. d. depositions, interrogatories, and other procedural devices.

d

Recharge Corporation makes batteries. Sol is injured when the Recharge battery in his phone bursts into flame. In Sol's product liability suit against the maker, alleging a design defect, the court may consider a. recharge's knowledge of the use of its battery b. recharge's share of its market c. recharge's advertising d. an available alternative design

d

Safe-T Company makes electrical cords and other connectors for electronic devices. Tina files a product liability suit against Safe-T, alleging a warning defect. In deciding whether to hold Safe-T liable, the court may consider​ a. the public's general failure to read the product's warnings b. the plaintiff's specific failure to read the product warnings c. the obvious risks of other products d. the obvious risks of the product

d

Sea wind corporation makes boats. Teresa files a product liability suit against Sea wind, alleging a design defect. In deciding whether to hold maker liable, the court may consider an alternative design's a. popularity among boat designers b. attractiveness to boat buyers c. frequency of use among bought makers d. effect on sea wind's boat

d

Seafood Café Company makes products that can cause severe health problems to those with shellfish allergies. Seafood analyzes the cost of warning people of the risk (which they believe is obvious) and the risk of harm to people if no warning is included in advertising and on menus. This analysis most likely is part of a. a duty-based ethics approach b. corporate social responsibility c. religious ethical principles d. outcome-based ethics

d

Service Employees International Union and timberline products, inc. have their disputes resolved in arbitration. the arbitrator decides issues that the parties did not agree to submit to arbitration. this is a ground for a court to... a. none of the choices b. dismiss the disputes c. review the record of the case d. set aside the award

d

Shelly owns reclaim & restore (R&R), a demolition company. Demolition of a quad city brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelley must pay for penny's injury a. only if the R&R crew failed to use reasonable care b. only if the R&R crew was greater than 50% at fault c. only if the R&R crew was entirely at fault d. without regard to the fault of the R&R crew

d

a cost-benefit analysis is part of a. a duty-based ethics approach b. corporate social responsibility c. the principle of rights theory d. utiliarianism

d

a judicial decision on the constitutionality of an executive order that limits certain state actions is a. beyond the jurisdiction of the courts b. a question of fact c. a summary judgment d. the power of judicial review

d

ceramic corporation makes commercial ceramic products, including heat-resistant tiles for industrial ovens. when damage occurs in an oven at duramold, inc. strict product liability may be imposed on ceramic if the tiles sold to duramold were a. in perfect condition at the time of their sale b. damaged by their use c. substantially changed after their sale d. in a defective condition that was the proximate cause of the damage

d

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 a. downwind does not have a valid defense b. the case can be disposed of w/o a trial c. the solvency of downwind is in question d. commercial is legally entitled to a remedy

d

etta, who is obese, files of product liability suit against fast meal corporation, alleging that the company's food products are unhealthy because, as etta knows, the products contain high levels of cholesterol and saturated fat. Fast meal can most likely assert the defense of a. preemption b. assumption of risk c. comparative negligence d. knowledgeable user

d

quarry mining inc. and riverside vineyards agree to resolve a dispute in arbitration. the arbitrator meets w/quarry's representative to discuss the matter w/o riverside's representative being present. if this substantially prejudices riverside's rights, a court will most likely a. dismiss the dispute b. review the record of the case c. file a complain against the arbitrator d. set aside any reward

d

the triple bottom line looks at all of the following except a. how decisions impact profit and revenue b. how decisions impact sustainability and the planet c. how decisions impact employees and consumers d. how decisions impact the relationship b/w the US and other nations

d

the utilitarian theory of ethics does not require a. a choice among alternatives to produce maximum social utility b. a determination of whom an action will affect c. an assessment of the effects of alternatives on those affected d. the acquiring of the means of production by workers

d

under the first amendment, in comparison w/commercial speech, the protection given obscene speech is... a. equally extensive b. not as extensive c. more extensive d. non-existent

d

Buddy's Burgers advertises so effectively that the regular customers of its competitor Slimy's Sliders patronize Buddy's instead of Slimy's. This is a. none of the choices. b. conversion. c. wrongful interference with a contractual relationship. d. wrongful interference with a business relationship.

a

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 a. under the minimum contacts test b. on the basis of a federal question c. in no circumstances d. only if beef packing files the suit

a

Cold Play Corporation makes snowmobiles. Dale is injured when a defect unexpectedly accelerates the Cold Play vehicle he is driving, and he is thrown off. Esty, a hiker standing in the path of the unmanned vehicle, is struck and injured. In a suit based on strict product liability, Cold Play may be liable to a. dale and esty b. dale only c. esty only d. none of the parties

a

Congress enacts the Ad Restriction Act (ARA) to limit advertising in certain circumstances. The ARA will be considered valid if it directly advances a substantial government interest... a. and goes no further than necessary to achieve its objective b. w/o regard to how "far" it goes c. and the parties affected by it can elect how "far" to go in applying it d. and goes further than necessary to ensure full coverage

a

Don interferes with the business interests of Erin in a way not permitted by law, and Erin's business is harmed as a result. To be liable to Erin for the commission of an intentional tort, Don must have a. intended to commit the act b. intended to harm erin's business c. acted with an evil motive d. acted with a harmful motive

a

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 a. an appellate court. b. a trial court. c. a U.S. magistrate's court. d. a special inferior court.

a

Ichiro is injured in a two-car accident and sues Heather, the driver of the other vehicle, alleging negligence. Heather claims that Ichiro was driving more carelessly than she was. Comparative negligence may reduce Ichiro's recovery a. even if ichiro was only slightly at fault b. only if ichiro and heather were equally at fault c. only if ichiro was less at fault than heather d. only if ichiro was more at fault than heather

a

In Beto v. Car Dealership, a state supreme court held that a minor could cancel a contract for the sale of a car. Now a trial court in the same state is deciding Dora v. Even Steven Autos, Inc., a case with similar facts. Under the doctrine of stare decisis, the trial court is likely to a. allow the minor to cancel the contract. b. disregard the Beto case. c. order the minor to cancel the contract. d. require the minor to fulfill the contract.

a

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on a. procedures used in making decisions to take life, liberty, or property b. the content of the statue c. the treatment of similarly situated individuals d. the steps to be taken to protect marie's privacy

a

Martin files a suit against Nichelle in a state court over an unemployment contract. The case proceeds to trial, after which the court renders a verdict. the case is appealed to the state's highest court. after the court's review of martin v. nichelle, a party can appeal the decision to the US Supreme Court if..... a. a federal question is involved b. a state question is unresolved c. the party is unsatisfied w/the result d. the state trial and appellate court rulings are different

a

Oklahoma enacts a statute to ban advertising in "bad taste." Most likely, a court would hold this statute to be... a. an unconstitutional restriction of speech b. constitutional under the first amendment c. justified by the need to protect individual rights d. necessary to protect national interests

a

Product Sales Inc. adheres strictly to the goal of maximizing profits. Even so, Product Sales will benefit from ethical behavior a. if customer service is good b. if its owners are happy w/the revenue c. under no circumstance d. if it efficiently allocates its scarce resources

a

Rico brings a tort action against Sal and proves all the elements of the claim. Sal's successful defense will a. release the defendant from partial or full liability for the tortious act b. impose liability on Rico for any harm to Sal arising from the suit c. further no legitimate purpose and violate the due process clause d. toll the statue of limitations

a

Shippers Warehouse initiates a suit against Trans-State Trucking (TST) by filing a complaint. If TST files a motion to dismiss, the firm is asserting that a. even if the facts in the complaint are true, TST is not legally liable b. the facts in the complaint are not true c. even if TST is legally liable, shippers warehouse cannot prove it d. if the facts are true, shippers warehouse has a right to judicial relief

a

The members of Citizens Aware believe that a recently enacted federal law is unconstitutional. They write and sign a petition to the government to repeal the law, refuse to obey the law, and stop others from complying with the law. Under the First Amendment, these individuals have a right to... a. petition the government b. refuse to obey any law which they disagree c. stop others from complying w/any law d. none of the choices

a

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... a. an unconstitutional restriction of speech b. constitutional under the first amendment c. justified by the need to protect individual rights d. necessary to protect national interests

a

artificial intelligence inc, sells to beta bots corporation a promising idea for a technological innovation that is still being developed and that looks very promising. this is a. ethical and legal b. unethical but legal c. illegal and unethical d. unethical and illegal

a

compliance w/the law is not always sufficient to determine "right" behavior because... a. the law does not codify all ethical requirements b. company codes are also sources of law c. business decisions can have negative impacts d. ethical problems occur in business

a

for those who have suffered injuries as a result of the wrongful conduct of others, through tort law, society supports a. compensation b. fines and imprisonment imposed on the wrongdoer c. interference with the wrongdoer in a way not permitted by law d. all of the choices

a

Airsoft, Inc. makes toys. Airsoft intentionally mislabels its packaged products to conceal a defect. Trusting and relying on the mislabeling, Bing buys an Airsoft product and suffers an injury. Airsoft is most likely liable for a. product misuse b. fraud c. privity of contract d. comparative negligence

b

ChemCo Inc. expends funds and takes steps to ensure that all employees are treated fairly and that the environmental impact of the corporation is minimal. This is the concept of a. the moral minimum. b. corporate social responsibility. c. the categorical imperative. d. the triple bottom line.

b

Cynthia is the chief financial officer of Digital Corporation. In that capacity, when she is unsure whether a certain business action is legal, she should act a. in her own best interest b. honestly and responsibly c. in the short-run interest of digital d. to maximize profit

b

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 a. assault b. false imprisonment c. intentional infliction of emotional distress d. defamation

b

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... a. no clause in the US constitution b. the establishment clause c. the free exercise clause d. the supremacy clause

b

Holdings Corporation, a top-performing company, may be more likely to behave unethically than a less successful company if a. clients and customers focus solely on the firm's profitability b. employees feel they are expected to continue performing at a high level c. the government does not investigate the source of the firm's success d. the firm begins to focus on long-run profit maximization

b

Jason, a citizen of Kansas, wants to file a suit against Lora, a citizen of Michigan. Their diversity of citizenship may be a basis for a. no court to exercise jurisdiction b. a federal court to exercise jurisdiction c. any court to exercise jurisdiction d. the US Supreme Court to refuse jurisdiction

b

Jill and Kane, with their attorneys, meet to try to resolve a dispute. A neutral third party works with both sides and proposes a solution, but does not make a decision resolving the matter. This is a. arbitration b. mediation c. negotiation d. none of the choices

b

Len, a medco supplies salesperson, follows Nan, a salesperson for Optima Health Products (a MedCo competitor) as she visits locations to make sales. Lan solicits e/of Nan's customers. Len is most likely liable for a. conversion b. wrongful interference w/a business relationship c. wrongful interference with a contractual relationship d. none other choices

b

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.... a. only the power of the federal government b. federal and state actions c. only the claims of individuals d. only the conduct of the states

b

One party wants to file a suit against another. For a court to hear the case, a. both parties must consent. b. the court must have jurisdiction. c. the parties must have diversity of citizenship. d. the parties must own property.

b

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 a. none of the choices b. conversion c. appropriation d. wrongful interference w/a business relationship

b

Petro Parts Inc. makes and sells parts for the repair of motor vehicles. Olsen suffers a loss when a defective Petro part causes damage to her car's engine. With respect to Olsen's product liability suit against Petro, an applicable statute of repose A. limits the amount of damages available. B. places an outer time limit on bringing the suit. C. suspends the action until discovery is complete. D. restricts the time within which Olsen may file a suit.

b

Pros in Politics, a bookstore in Capitol City, sells publications that criticize government actions and policies. The city enacts an ordinance prohibiting the sale of such materials in the interest of preserving public tranquility. This ordinance is most likely... a. an invalid invasion of individuals' privacy b. an unconstitutional restriction of speech c. a violation of corporations' rights to certain privileges d. constitutional under the first amendment

b

Ricard, an engineer, supervises the construction of a new mountainside roadway. The road collapses in a landslide due to faulty grading. Motorists injured in the collapse sue Ricard in a tort action for negligence. Under that theory, as a professional, Ricard is held to the same standard of care as a. ordinary persons b. other engineers c. other professionals, including doctors, dentist, and lawyers d. those injured in the collapse of the bridge

b

Stan, an air-conditioning and heating technician, files a suit against Temp-Set Corporation, alleging that its thermostats are unreasonably dangerous due to the possibility of electrical shock. Temp-Set's best defense is most likely a. assumption of risk. b. knowledgeable user. c. commonly known danger. d. none of the choices.

b

a federal form of government is one in which the national government shares sovereign power with... a. no one b. the states c. the national government d. the people

b

beverly creates a website to post threatening messages about celebrities. Under the first amendment, these messages are most likely protected... a. all of the time b. none of the time c. only if there are not accompanying ads d. only if the threats can be verified

b

ethics is important b/c laws may not always be easy to interpret or apply. this is b/c... a. laws are very organized and structured and so are complicated to read b. laws represent the will of the people and that will is often changing c. laws are created by the political process and are the result of compromise d. laws often have definition provisions to explain the meaning of terms

b

overland corporation makes trucks. The brakes on Ned's overland trunk malfunctions, but he continues to drive it. Unable to slow down, the truck crashes through a quadrail and careens off the road. In ned's product liability suit against Overland, the defendant can assert the defense of a. commonly known danger b. assumption of risk c. inadequate warning d. product misuse

b

pat stands in front of rooster's round-up cafe, shouting "fighting words" that are likely to incite rooster's patrons to respond violently. the first amendment protects such speech... a. all of the time b. none of the time c. only if it is noncommerical d. only if it symbolic

b

state trial courts that are called county, district, superior, or circuit courts are most likely to have a. appellate jurisdiction b. general jurisdiction c. limited jurisdiction d. no jurisdiction

b

the term checks and balances refers to the system under which... a. a state must refrain from imposing unreasonable burdens on citizens of another state b. the powers of government are divided among its branches, e/of which exercises a check on the actions of the others c. any judicial decision w/respect to property rights in one state will be honored and enforced in all states d. the national government regulates interstate commerce

b

without research data corporation's consent, Sia hacks into the firms computers and downloads trade secrets and other confidential information. Most likely, Sia is liable for the tort of a. trespass to land b. conversion c. appropriation d. battery

b

"be honest and treat people fairly." with respect to business ethics, implementing this motto is... a. not important b. only important in democratic societies c. very important d. only important w/large customers

c

Baby Things Inc. makes and sells a crib to Cara. Baby Things fails to exercise "due care" to make the crib safe, and Cara's child Dua is injured as a result. Baby Things is most likely liable for a. fraud b. misrepresentation c. negligence d. strict liability

c

Bedding Plus Inc. makes a pillow that Comfort Stuff sells to Demi. Bedding fails to exercise "due care," and Demi is injured by toxic material used as fill in the pillow. Comfort Stuff is most likely liable for a. misrepresentation b. none of the choices c. negligence d. product misuse

c

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 a. the discussion step. b. the decision step. c. the inquiry step. d. the review step.

c

Excavation, Inc., uses explosives to prepare land for construction projects. Strict liability is imposed on this activity because a. excavation is a corporation b. the activity is inherently negligent c. the activity is extremely risky d. the amount of liability can be added to the costs of construction

c

Fabrication, Inc., makes steel forms that are substandard. Geo Manufacturing Company has never bought or used a Fabrication form, but files a suit against the firm, alleging that its products are defective. Fabrication's best ground for dismissal of the suit is that Geo does not have a. discovery. b. exclusive jurisdiction. c. standing to sue. d. minimum contacts.

c

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 a. the case will be heard by a jury b. the dispute will eventually go to trial c. the process is not as adversarial as litigation d. the resolution of the dispute will be decided by an expert

c

Flo, the manager of Grounds Maintenance Inc., must decide whether to use an herbicide that could be unhealthy to employees using it and to the public once it is on the ground. Flo might lose the client if she refuses to use the herbicide. If Flo analyzes the importance of good health and avoidance of disease to people in making her decision, she is likely using a. religious principles b. the categorical imperative c. the principle of rights theory c. utilitarianism

c

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 a. puffery b. fact c. false d. opinion

c

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 a. federal jurisdiction b. in personam jurisdiction c. in rem jurisdiction d. no jurisdiction

c

Touch Screens Inc. makes and markets tablets. When problems develop with Touch products or sales, the company may be liable in product liability for any of the following except A. a manufacturing defect. B. an inadequate warning. c. an ineffective marketing plan. d. a design defect.

c

a statute enacted by the Wyoming state legislature to regulate trucking affects interstate commerce. in evaluating this statute, the courts will weigh the burden that it imposes on interstate commerce against ... a. the federal government's authority to regulate the matter b. the purpose of interstate commerce c. the state's interest in regulating the matter d. the statute's impact on noneconomic activity

c

chem company and dura plastics, inc. makes and distributes a certain toxic chemical that is discovered in the water supply of the county in which their plants are located. In a product liability suit against both makers, market share liability may be imposed on a. only the party who realized the most profit from the use of the chemical b. only the party with the largest market share c. both parties d. only the party who most aggressively marketed its product

c

duty-based ethical standards are most likely to derive from a. a corporate ethics code b. a cost-benefit analysis c. philosophical reasoning d. the law

c

equimeds company and gendrugs inc. make and distribute prescription drugs. In a product-liability suit against both parties, the court is most likely to impose market-share liability if it cannot be proved which of the parties a. was in privity with the injured plaintiff b. exercised the least amount of due care in making the product c. supplied the particular product that cause the injury d. holds the largest share of the market for the product

c

if a company strictly complies w/existing laws, the firm will a. fulfill all business ethics obligations b. fulfill no business ethics obligations c. fulfill some business ethics obligations d. not need to fulfill any business ethics obligations

c

opal is working on a construction site when she is injured on the job in the collapse of a plank company made ceiling beam. At the time, opal is not wearing any safety gear. In opal's product liability suit against plank, the company can most successfully raise the defense of a. preemption b. inadequate warning c. comparative negligence d. product misuse

c

state trial courts that are called special inferior courts or minor judiciary courts are most likely to have a. appellate jurisdiction b. general jurisdiction c. limited jurisdiction d. no jurisdiction

c

to avoid unethical practices by foreign supplier, an effective business practice is to a. pay foreign employees at US pay rat b. have suppliers sign contracts affirming that they will behave ethically c. routinely monitor the foreign workplaces d. obtain a legislature decree that the supplier is ethical

c

when making decisions that are ethical under either profit maximization or corporate citizenship theories, a business should include all of the following steps except... a. recognize that there is an unethical issue in the decision b. apply ethical theories to reasonable alternatives c. publicize the options you rejected w/your reasons d. reflect on the outcome of the decisions once it is made

c

Erol works for Food Packing Company. Erol's supervisor Gwen writes a negative review of Erol's performance. Gwen believes the statements are true, and limits their communication to the firm's management. In a tort action for defamation, Gwen can most likely assert as a successful defense a. none of the choices b. malice c. contempt d. privilege

d

Grain Farms, Inc., files a suit against Harvest Services. Before the court can exercise jurisdiction over Harvest, the court must have proof that a. grain farms is prepared to notify Harvest of the suit b. grain farms did not act to precipitate a dispute w/Harvest c. Harvest committed the act of which Grain farms complains d. Harvest was notified of the suit

d

Hilo tells the Internal Revenue Service that Jon "cheated on his taxes." This can lead to Hilo's liability for defamation if the statement is a. contemptuous b. an opinion c. true d. false

d

The Montana legislature enacts a state law that violates the U.S. Constitution. This law can be enforced by... a. no one b. the federal government only

a

a precedent is...

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

stare decisis is best defined as...

a doctrine under which judges follow established precedents.

the uniform commercial code facilitates commerce...

among the states

the means to enforce a right or compensate for the violation of a right is... a. a cornerstone b. a remedy c. juridiction d. stare decisis

b

primary sources of law include...

case law, US constitution, regulations created by administrative agencies, statutory law

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

Bix backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bix failed to act as a. a blameless person b. faultless person c. an objective person d. a reasonable person

d

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

the environmental protection agency (EPA) discovers that fish farms inc. has violated an EPA regulation. If no settlement is reached, the EPA can...

issue a formal complaint

secondary primary sources of law include...

legal scholars research

each court has jurisdiction. jurisdiction is best defined as...

the geographic area in which a court has the power to apply the law

When Lara and Mick cannot resolve their dispute amicably, Lara initiates a lawsuit against Mick. Lara is...

the plaintiff

criminal statures proscribe...

wrongs committed against society for which society demands redress

garage door, inc. sells garage door openers to home and yard hardware store, were Ian buys one of openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against garage doors, Ian must file a suit within four years of a. ian's discovery of an injury caused by the opener b. garage doors sale of the opener to home and yard c. garage doors design of the opener d. home and yard sale of the opener to Ian

a

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 a. conclusively establishes the matter for trial b. completely absolves the defendant of the issue in question c. is the basis for a default judgment in the plaintiff's favor d. is irrelevant

a

ivly slips and falls on the deck of jet's tour boat and is injured. she incurs medical expenses of $500,000 and files a suit against jet to recover. under the "50 percent" rule, if ivy is more than 50 percent at fault, she will recover a. nothing b. half of the expenses c. the amount of the expenses attributable to jet's fault d. the entire amount of the expenses

a

the federal government has the power to regulate commercial activities among the states under... a. the commerce clause b. the privileges and immunities clause c. the full faith and credit clause d. the first amendment

a

the national restaurant association announces a new industry code of ethics. the effectiveness of this code will be determined by a. the commitment of management to enforcing the code b. the similarity of the code to the employees' personal values c. the success of the campaign publicizing the code d. the relationship b/w the code and the law

a

the state of ohio can regulate building contractors and building codes in the state under its... a. police powers b. system of checks and balances c. entitlement to fully faith and credit c. commerce power

a

Federico and Gwen are involved in a court proceeding to enforce a right. This is...

an action

home care company is charged w/violating a rule of the social security administration. most likely, home care will be required to appear at a hearing presided over by...

an administrative law judge

Jaime and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. Jaime asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is...

an equitable remedy

John, a law enforcement official, monitors Kelsey's Internet activities—e-mail and website visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to... a. privileges and immunities b. privacy c. free speech d. free exercise

b

khan takes a rock from a pile of stones on lamb's property and throws it intending to hit minh, but misses and hits nasir instead. for the tory of battery, nasir can sue a. lamb b. minh c. khan d. no one

c

petro energy corporation expresses opinions on political issues through its financial contributions to political action committees and other groups. Under the first amendment, petro's "expression" is most likely... a. discouraged b. prohibitied c. protected d. prescribed

c

Cultivator Inc. designs and makes tractors, balers, and other farm equipment. In a product liability suit based on negligence, Cultivator could be liable for failing to exercise due care with respect to all of the following except a. the inspection of components purchased to use in the equipment b. the selection of materials used to make the equipment c. the assembly and testing of the equipment d. the growth of the equipment's sales

d

Dian enters a car race, knowing that there is a risk of being injured in a crash. Dian assumes a. only those risks that she agrees to assume b. no risk in the situation c. any risk - contemplated or not - associated with the race d. the risk of being injured in a crash

d

Hale, research manager for Investor Fund, Inc., adheres to utilitarian ethics, according to which an action is morally correct when it produces the greatest good for a. hale b. investor fund c. the fewest people d. the most people

d

rita, a follower of a certain religion, posts a podcast on the Sabbath! website in which she insists that congress base all federal law on her religious principles. under the first amendment, rita is guaranteed... a. the power to delegate her view to the federal government b. the right to fair payment for her podcast c. the right to a review of her opinion in due process d. the freedom of religion and speech

d

common law rules develop from...

principles underlying judges' decisions in actual controversies.

administrative laws include...

the rules, orders, and decisions of a government agency

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