BUSN623 LEGAL

Generally, a corporation's board members are protected from individual liability to shareholders by which of the following principles? A. business judgment rule B. piercing the corporate veil C. respondeat superior D. employment-at-will doctrine

A

If a state creates a law that sets standards that conflict with the federal law or sets standards so burdensome that they interfere with federal law, the doctrine of ___________________ will void the state law or whatever parts of it are inconsistent with federal law A. preemption B. dormant commerce C. full faith and credit D. executive powers

A

In Citizens United v. Federal Election Commission (2010), the U.S. Supreme Court held that a corporation is a "person" for purpose of which constitution amendment? A. First B. Fourth C. Fifth D. Tenth

A

In torts, proximate cause is: A. foreseeable and not too remote B. causation in fact C. actual cause D. negligence

A

U.S. Const. art. VI, clause 2, is referred to as the: A. Supremacy Clause because it provides for the U.S. Supreme Court. B. Supremacy Clause because it provides that the Constitution, the federal laws and treaties made pursuant to the Constitution are the supreme law of the land. C. Commerce Clause because it provides for federal control of interstate transport of goods. D. Paradox Doctrine because it contradicts state law.

A

Which of the following is a true statement? A. A company is a legal person. B. The notice requiring a defendant to appear in court or have a judgment entered against him or her is called a writ of appearance. C. Arbitration is always conducted by a panel of hearing officers. D. Private law involves the relationship of government to individuals.

A

Which of the following is not a type of intellectual property? A. Easement B. Copyright C. Trademark D. Trade secret

A

Clarence, who lives in Louisville, KY, is the owner of ABC Enterprises, LLC. He believes that certain actions in the state of KY infringe on his federal constitutional rights, especially those found in the Bill of Rights. Most of these rights apply to the states under which of the following? A. 10th Amendment of the Constitution B. 14th Amendment of the Constitution C. Commerce Clause D. 5th Amendment of the Constitution

B

In a speech at the Lions Club, Y. Politician falsely states that X. Citizen is a pedophile and should be run out of town. If X. Citizen sues Y. Politician for making this statement, which of the following is his cause of action? A. Trespass to reputation B. Defamation/slander C. Defamation/libel D. Nuisance

B

Milton Friedman was an economist associated with which of the following theories? A. Stakeholder Theory B. Free Market Ethics C. Corporate Social Responsibility Theory D. Aristotelian Virtue Ethics

B

Which of the following is NOT an essential element of the tort of negligence? A. breach of duty B. violation of a statute C. harm D. duty E. causation

B

"Tort" is the French equivalent of the English word for ______. A. Justice B. Duty C. Wrong D. Cake

C

Nuisance is a type of tort that relates to: A. Injury to the person (physical) B. Injury to reputation C. Injury to property D. Injury to wages

C

The doctrine wherein an employer is responsible for the negligence of his employees if they were acting in the scope of employment is called ___________________. A. strict liability B. proximate cause C. vicarious liability D. circumstantial evidence

C

Which of the following is NOT a classification of TORTS? A. Strict liability B. Negligence C. Criminal misdemeanors D. Intentional

C

Which of the following is NOT an element of the tort of intentional interference with contractual relations? A. Defendant knew of the contract. B. There was a contract between the plaintiff and a third party. C. Defendant received a benefit from the contract D. There was injury to the plaintiff. E. Defendant improperly induced the third party to breach the contract or made performance of the contract impossible.

C

Which of the following is not part of the U.S. Department of Labor? A. Occupational Health & Safety Administration B. Centers for Faith and Opportunity Initiatives C. National Labor Relations Board D. Bureau of Labor Statistics

C

A case in which only the judge hears the evidence and decides the case is called a _________. A. jury trial B. mediation C. justice conference D. bench trial

D

Felonies and misdemeanors relate to (choose all that apply): A. Utilitarianism B. Civil law C. Laws against society D. Criminal law

D

In 1964, the federal government successfully required Ollie McClung to serve all races and colors in his Alabama restaurant on the basis of which of the following provisions of the U.S. Constitution? A. the 5th Amendment B. Article I C. Supremacy Clause D. Commerce Clause

D

According to Friedman, it is wrong for managers to use corporate resources to deal with problems in society at large. TrueFalse

T

Homicide is the killing of one person by another but not every killing is criminal. TrueFalse

T

It is not necessary to commit the intended crime to be found guilty of a criminal offense. TrueFalse

T

Mail fraud is an example of white collar crime. TrueFalse

T