Bus3 80 Quiz 1,2,3

Eden Property Sales Corporation and Dion agree to resolve their dispute in arbitration. The arbitrator's decision is called a verdict a conclusion of law a finding of fact an award

an award

Which of the following must a plaintiff prove to win a recovery in a negligence case? Causation and damges onlu duty, breach of duty and causation breach of duty only duty, breach of duty, causation and damages duty and causation only

duty, breach of duty, causation and damages

Common law refers to: law made by legislatures in the form of statutes law that is the same or similar in all the states law made when judges decide cases and then follow those decisions in later cases the legal system of France, Germany, and Italy

law made when judges decide cases and then follow those decisions in later cases

Which fo the following applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs? Comparative negligence Res Ipsa loquitur Statutory shop act assumption of the risk negligence per se

negligence per se

Assume a restaurant chain is forced to pay damages to a person who suffered food poisoning after eating at the restaurant. What type of law is involved? public, private, and civil private law only civil law only private law and civil law public law only

private law and civil law

If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on _____ law. Preferential consensual private black letter public

public

What does the Fifth Amendment takings clause reference? The right of the government to take private property for public use without paying compensation to the new owner The requirement that the government compensate and owner for anything destroyed during a search The right of the government to put individuals in jails for up to ten days without a hearing the requirement that the government pay the owner just compensation if the government wants to take private property for public use

the requirement that the government pay the owner just compensation if the government wants to take private property for public use

The U.S. Congress enacts a new federal statute that imposes liability on businesses emitting significant amounts of a certain pollutant into the environment. This statute applies only to matters not covered by state law to all the states to none of the states only to those states that adopt the statute

to all the states

Billy knows that he can bring his case against Bob in a state court in Tennessee. He is unsure, however, of which county in which to proceed. Which of the following address the proper county? In personam jurisdiction subject-matter jurisdiction venue diversity jurisdiction long-arm jurisdiction

venue

Generally, constitutional protections do NOT apply to: Acts of the federal government Acts of administrative agencies Acts of privately owned businesses Acts of state government

Acts of privately owned businesses

Over which of the following does the federal court system have exclusive jurisdiction? Admiralty cases and bankruptcy cases, but not federal criminal prosecutions Federal criminal prosecutions and bankruptcy cases, but not admiralty cases Diversity cases only Admiralty cases and federal criminal cases, but not bankruptcy ones Admiralty cases, bankruptcy cases, and federal criminal prosecutions

Admiralty cases, bankruptcy cases, and federal criminal prosecutions

A business will incur strict liability for damages resulting from: Bringing dangerous substances onto property using harmful chemicals a defective product manufactured or sold by the business All of the answer choices

All of the answer choices

Why must federal legislation that affects business be based on an expressed constitutional grant of authority? Because president Washington issued an executive order to that effect Because it is custom Because President Lincoln issues and executive order to that effect Because the federal government has only those powers granted to it by the constitution Because the U.S. Congress passed a law to that effect

Because the federal government has only those powers granted to it by the constitution

Mike gets angry because Ben made a better grade on a test than he did. They get into an argument, and Mike takes a swing at Ben intending to hit him. Ben shoves Mike in order to avoid the blow. Which of the following is true regarding Ben's actions? Ben has committed a battery Ben has committed both an assault and a battery Ben cannot rely upon self-defense because his life was not in danger Ben has not committed an assault or a battery because he acted in self defense.

Ben has not committed an assault or a battery because he acted in self defense.

David, a salesclerk at Chic Apparel Store observed Jennifer, a customer, remove a scarf from a rack and put it in her purse. In most states, Chic: Can reasonably detain Jennifer for suspicion of shoplifting Cannot detain Jenifer but once she leaves the store, the salesclerk can make a citizens arrest Cannot detain the customer or the store will be liable for false imprisonment Cannot detain Jennifer but can alert the police

Can reasonably detain Jennifer for suspicion of shoplifting

Which of the following applies to situations in which someone commits an act against the public as a unit civil law and procedural law but not criminal law criminal law civil law procedural law civil law, criminal law, and procedural law

Criminal law

A ____ is a judgment in favor of the plaintiff that occurs when the defendant fails to answer the complaint and the plaintiff's complaint alleges facts that would support such a judgment. Default judgment dismissal delineated response judgment pleading judgment automatic judgment

Default judgment

Jack sues Leslie for negligently hitting his car while parking hers in a public parking ramp, this is a matter of public law True/False

False

No First Amendment protections apply to corporations True/False

False

Primary methods of alternative dispute resolution include litigation and mediation. True/False

False

The power to create laws regulating international commerce is given to congress and the states under the U.S. Constitution True/False

False

________ torts occur when the defendant takes an action intending that certain consequences will result or knowing that certain consequences are likely to result Intentional criminal Strict-liability Negligent Liability

Intentional

If Oregon passed a statute that prohibited liquor stores from engaging in any kind of advertising, that statute would be: Invalid as a violation of the Commerce Clause Valid as an exercise of police power Invalid as an unreasonable restriction of free speech Valid as alcohol is illegal for minors

Invalid as an unreasonable restriction of free speech

An inmate in a state prison claims his United States constitutional rights prohibiting cruel and unusual punishment are being violated by the state correctional facility. This case: Cannot be heard, as prisoners lose the right to sue. Must be decided by the state court where the inmate established residency before going to prison. May not be decided by a federal court since it involves a state facility Is a federal question case over which the federal courts have jurisdiction

Is a federal question case over which the federal courts have jurisdiction

Which of the following is accurate regarding the speed and cost of ADR? It is usually slower and more expensive. It is usually faster but more expensive. It is usually slower but cheaper. It is usually faster and cheaper.

It is usually faster and cheaper

Assume you know that Robert has told a lie about a friend of yours, Yolanda. You tell Yolanda that she should sue for defamation, but she has no interest in that. Can you sue on behalf of Yolanda? No, because there is no venue Yes. but only if Yolanda signs a permission slip in court Yes, so long as you give any money received to Yolanda No, because you have no standing yes but only if the dispute is for an amount under $25,000

No, because you have no standing

Edwin moved into an apartment complex. The rules of the complex prohibit unmarried men and women from living together in the same apartment. When Edwin's friend, Barbara, moved into the apartment he was served with eviction papers. Edwin claims the apartment complex is violating his constitutional rights since it allows married couples to live together. Is Edwin right? No. His rights under the Due process clause haven't been violated Yes. his equal protection rights have been violated No. Constitutional protections do not extend to privately owned apartment complexes. Yes. his first amendment rights have been violated

No. Constitutional protections do not extend to privately owned apartment complexes.

Jerry believes his co-worker, Ben, is using illegal drugs. Since both he and Ben are nurses, Jerry is concerned Ben's drug usage could result in injury to a patient. He tells his supervisor, Cyndi. Cyndi talks with Jerry about the alleged drug usage and Ben produces a bottle of prescription medicine he is required to take for high blood pressure. The medication does not affect his ability to do his work. When Ben learns it was Jerry who reported him, Ben claims that Jerry committed an act of defamation when Jerry told Cyndi he used illegal drugs. Is Ben right? No, ben is, in fact, using drugs Yes. Jerry committed Libel No. Jerry is protected by the qualified privilege defense Yes. Jerry committed slander

No. Jerry is protected by the qualified privilege defense

Dispute between private individuals or groups Public law Governmental law Private law public law, private law, and governmental law

Private law

A rule that establishes how a juror may be refused is a rule of: Procedural law common law substantive law administrative law

Procedural law

Myra claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on The content of the statute. No answer text provided. The similarity of the treatment of similarly situated individuals. The steps to be taken to protect Myras privacy. Procedures use in making decisions to take life, liberty, or property.

Procedures use in making decisions to take life, liberty, or property.

_________ damages are compensation awarded to punish the defendant Compensatory nominal punitive retaliatory revenge

Punitive

Robby calls Bobby on the telephone and threatened to come over and break his nose. Which of the following is true? Robby's conduct constitutes both a battery and an assault Robby's conduct constitutes a battery Robby's conduct constitutes an assault Robby's conduct does not constitute an assault because contact has not yet happened Robby's conduct does not constitute an assault because there is no question of immediate bodily harm

Robby's conduct does not constitute an assault because there is no question of immediate bodily harm

If in 1900 the Minnesota Supreme Court ruled that a minor can void a contract at any time during minority and in 2008 the courts in Minnesota still follow this ruling, this is an example of: enabling legislation stare decisis statutory law the bystander rule

Stare decisis

Randi, a resident of Oregon, was involved in a auto accident while in Idaho. The other party lives in Wyoming. Randi wishes to recover the $28,000 cost to repair her car. The most appropriate court for her to file her lawsuit is in a: Federal court in oregon State court in Idaho federal court in Wyoming federal court in Idaho

State court in Idaho

Which clause provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land The Eighth Amendment, Clause 1 The First Amendment, Clause 3 The supremacy clause the federalism clause the commerce clause

The supremacy clause

Hall was arrested for burning the United States' flag in a protest of governmental policy. His action is protected under the First Amendment's guarantee of free speech because the flag burning is considered symbolic speech. True/False

True

Henry slipped on a leaf of lettuce while shopping at Joe's Market. Henry can sue Joe in civil court. True/False

True

Written defamation is called "libel" True/False

True

What are the trial courts in the federal court system called? Federal jurisdiction courts federal circuit courts preemptory courts U.S. district courts U.S. circuit Courts

U.S. district court