BA 325 Homeworks

Frank slips and falls on Guy's Harbor Tour Boat and is seriously injured. Frank files a suit against Guy's for $500,000. If Frank is 20 percent at fault and Guy's is 80 percent at fault for Frank's injury, under the "50 percent rule" comparative negligence principle, Frank would recover: $0 $250,000 $400,000 $500,000

$400,000

To have standing to sue, a plaintiff must establish which of the following? That they have suffered a harm as a result of the action about which they complain. A controversy that is real and substantial, as opposed to hypothetical or academic. Neither of the above. Both of the above.

Both of the above.

Which of the following types of cases are within the exclusive subject-matter jurisdiction of the state courts? Bankruptcy cases. Patent infringement cases. Divorce and adoption cases. None of the above

Divorce and adoption cases.

In Employment Division v. Smith (1990), Smith asserted that the state of Oregon had violated his First Amendment right to freely practice his religion by denying him unemployment benefits because he was fired for using a controlled substance, peyote, in a religious ceremony sanctioned by his church. Writing the majority opinion in the case, Justice Scalia held that the state's action was constitutional because it was enforcing a "neutral law of general applicability." In articulating this standard, Scalia expressed concern that exempting some religious practices from generally applicable laws, but not others, would violate which clause of the Constitution?

Establishment Clause

True or False? A CEO who subscribes to the shareholder value theory of business purpose is likely to be just as concerned about the effect that offshoring manufacturing will have on the local workforce and local community as an adherent of corporate social responsibility theory.

False

True or False? A decision of a state supreme court can always be overruled by the United States Supreme Court, no matter what source of law dictated the decision in the case.

False

True or False? A dissenting opinion authored by a justice of the U.S. Supreme Court who disagrees with the majority's decision in the case has the force of law

False

True or False? A professional automatically makes her professional conduct and character a matter of public concern by offering her services to the public.

False

True or False? According to German philosopher Immanuel Kant, individuals should evaluate their actions in light of the consequences that would follow if they were the only members of society that acted in that way.

False

True or False? In Masterpiece Cake Shop v. Colorado Civil Rights Commission (2018), the U.S. Supreme Court ruled that the owner of the shop had violated the rights of a gay couple by refusing on religious grounds to bake a cake for their wedding.

False

True or False? In mediation, the mediator imposes a decision with which both sides must comply.

False

True or False? In the case Ernst & Young v. Morris, the Supreme Court held that Morris could proceed in court with his class action on behalf of a class of "junior accountants" whom he alleged the firm had wrongfully denied overtime wages, despite the fact that Morris and the other junior accountants had signed mandatory arbitration agreements with Ernst & Young at the beginning of their respective employments that required them to arbitrate on an individual basis any future claims they had against the firm relating to their employments.

False

True or False? Publishing a statement about a private business dispute on the Internet automatically converts the dispute into a matter of public concern.

False

True or False? The reasonable person standard concerns itself with how a particular person would act and not with how an ordinarily prudent person should act.

False

The suppression of class-action lawsuits through requiring job candidates, as a condition of employment, to sign mandatory arbitration agreements that contain class-action waiver provisions will likely have which of the following results? Fewer employees will have wage claims brought on their behalf. Just as many class action lawsuits will be brought as ever before, but, now, they will all be heard by arbitrators, instead of being pursued in court. Attorneys will have to find jobs as instructors of business law courses.

Fewer employees will have wage claims brought on their behalf.

The power of the courts to determine the constitutionality of legislation is referred to the power of "judicial review." What is the source of this power? The United States Constitution contains a specific provision granting the courts the power of judicial review. In the early 19th Century, Congress enacted legislation giving the courts the power of judicial review. In the early 19th Century, the Supreme Court declared in one of its opinions that it had the authority to determine the constitutionality of legislation.

In the early 19th Century, the Supreme Court declared in one of its opinions that it had the authority to determine the constitutionality of legislation.

Which of the following is NOT an element of a negligence claim? Causation. Intent. Breach. Damages.

Intent.

Which of the following is true of the so-called "Dormant Commerce Clause"? It gives state governments co-extensive authority to the federal government to regulate interstate commerce. It is a well-defined and highly technical legal test that usually gives clear guidance in advance as to whether a state's regulation of commerce will violate the Constitution. It is a judicially created doctrine that holds that the federal government possesses the exclusive authority to regulate interstate commerce.

It is a judicially created doctrine that holds that the federal government possesses the exclusive authority to regulate interstate commerce.

For a state court to exercise long-arm jurisdiction over a corporate defendant that is located out of state, the corporate defendant must have which of the following connections with the state? Extensive contacts. Minimum contacts. A corporate office.

Minimum contacts.

To prove a fact by a "preponderance of the evidence" means to prove which of the following? Proving the truth of the fact beyond a reasonable doubt. Showing that the fact conceivably could be true. Proving that the fact is more likely true than not.

Proving that the fact is more likely true than not.

Which of the following must a plaintiff prove to prevail on her business defamation claim, if the jury concludes that the defendant's defamatory statement related to a "matter of public concern"? That the defendant made the statement with deliberate intent to hurt the plaintiff and with knowledge of its falsity. That the defamatory statement made or implied assertions of fact about the plaintiff or her manner of conducting her business. That the defendant's statements were really, really mean!

That the defamatory statement made or implied assertions of fact about the plaintiff or her manner of conducting her business.

To establish "publication" of a defamatory statement, a plaintiff must show which of the following? That the defendant published the statement in a recognized journalistic publication. That the defendant made the statement generally known to the public by any means. That the defendant communicated the statement to at least one other person besides the plaintiff.

That the defendant communicated the statement to at least one other person besides the plaintiff.

On a negligence claim, if the trial court judge determines that the defendant owed no duty of reasonable care to the plaintiff, what then happens to the case? The court (judge) will dismiss the case before it ever reaches a jury. The court (judge) will send the case for trial so that the jury can determine the remaining elements of the claim after each side has presented evidence and argument. The court (judge) will instruct the jury to issue a verdict in the defendant's favor.

The court (judge) will dismiss the case before it ever reaches a jury.

At one point, Costco had a social media policy that specified that its employees should not make statements that would damage the company, harm another person's reputation, or violate the company's policies. Which of the following statements about this policy is true? Although clearly lawful, it raises questions about whether it is ethical to suppress employees' speech to such a degree. The policy created legal liability for Costco for violating its employees' privacy rights. The policy violated Costco employees' right to engage in concerted activities to discuss and try to improve their working conditions.

The policy violated Costco employees' right to engage in concerted activities to discuss and try to improve their working conditions.

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under: The state's police powers. The Dormant Commerce Clause. The Due Process Clause. The Free Exercise Clause.

The state's police powers.

True or False? An exception in the Foreign Corrupt Practices Act permits companies to pay small amounts to minor foreign officials to facilitate or speed up the performance of administrative services (such as approval of a construction permit).

True

True or False? Compliance with the law does not necessarily fulfill all ethical obligations.

True

True or False? In 2019, the Business Roundtable released a statement that disavowed the concept of shareholder primacy and stated that executives should consider the interests of all affected stakeholders when making important business decisions.

True

True or False? In Del Lago v. Smith, one of the legal principles favoring Del Lago was that a bar owner owes no duty to protect a patron from another patron, as a general rule.

True

True or False? In the coming years, we are likely to see more cases like Masterpiece, where business owners assert that strict application of anti-discrimination statutes violate their right under the First Amendment to freely exercise their religious beliefs.

True

True or False? More than 50% of private-sector employees are now required to waive their jury rights as a condition of employment.

True

True or False? Statements made by parties and their attorneys in judicial proceedings benefit from an "absolute privilege," meaning that they cannot give rise to a valid claim for defamation.

True

True or False? The First Amendment (as interpreted by the Supreme Court) protects corporate political speech.

True

True or False? The Fourteenth Amendment guarantees a right to due process of law.

True

True or False? The legal test to determine if a defendant owed a duty of care to the plaintiff revolves around the concept of "foreseeability"?

True

A "licensee" is defined as: a person who lacks permission to be on the owner's property. a person whom the owner allows on their property for commercial purposes. a person with permission to be on the owner's property for non-commercial purposes.

a person with permission to be on the owner's property for non-commercial purposes.

California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be: an unconstitutional restriction of speech. constitutional under the First Amendment. justified by the need to protect individual rights. necessary to protect national interests.

an unconstitutional restriction of speech.

Bella owns a farm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he: does not have Bella's permission to drive on the property. harms the property in a material way. harms the property in any way.

does not have Bella's permission to drive on the property.

Hubert Horan, in his article The Airline Industry After COVID-19: Value Extraction or Recovery? -- which your professor summarized in a reading assigned for Class 1 -- criticizes the executives of the "Big Four" airline companies (United, Delta, Southwest, American) for which of the following: being too eager to declare bankruptcy. having spent excessive amounts of corporate funds on stock buybacks. being too concerned with the welfare of company employees. abandoning shareholder value principles.

having spent excessive amounts of corporate funds on stock buybacks.

Jim is an appliance salesperson. To make a sale, he asserts that a certain model of a Kitchen Helper refrigerator is the "best one ever made." This is: negligent misrepresentation if Jim only believed the statement to be true because he failed to do any research into superior, competitive products. fraud if Jim believes that this statement is not true. fraud if Jim is stating his opinion, not fact. not fraud or negligent misrepresentation because it represents "puffery."

not fraud or negligent misrepresentation because it represents "puffery."

According to the view that New Allied Manufacturing Corporation is a "citizen," New Allied is expected to: participate in bettering communities and society. primarily generate revenue for its owners. have no responsibility other than profit maximization. efficiently allocate scarce resources.

participate in bettering communities and society.

Professor Dan loses a trial in Oregon state court but appeals his case to the Oregon Court of Appeals. Which of the following is true of his appeal? Dan may introduce new evidence on appeal, to supplement the evidence he presented at trial. the appellate court judges are limited to considering the evidence presented at trial. Dan will have a right to have his case heard by the United States Supreme Court, if he loses again in the Court of Appeals.

the appellate court judges are limited to considering the evidence presented at trial.

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on: procedures used to make decisions to take life, liberty, or property. the content of the statute. the similarity of the treatment of similarly situated individuals. the steps to be taken to protect Orin's privacy.

the content of the statute.

Bob, research manager for CornAgri Products, Inc., applies utilitarian ethics to determine that an action is morally correct when it produces the greatest good for: Bob. CornAgri management. CornAgri shareholders. the most people.

the most people.

In making decisions for Smartt Investments, Rita uses a cost-benefit analysis. This is a part of: duty-based ethics. Kantian ethics. rights-based ethics. utilitarian ethics.

utilitarian ethics.