Business in law final
no legally recognized injury or harm results from a given negligent act , there is nothing to compensate - in effect , no tort exists .
, True
If the evidence of a defendant's guilt was obtained improperly , it normally cannot e used against the defendant fendant's in court . .
. True
State regulation of franchising is often aimed at protecting franchisees from unfair practices .
. True
A business cannot use puffery without liability for fraudulent misrepresentation .
Falsc
. An agent can represent two principals in the same transaction , so long as neither is aware of the dual capacity .
False
. If the members of a limited liability company want t o reinvest profits in the business , they may opt for the firm to be taxed as a corporation .
False
20. A corporation can refuse to produce business records that might subject the firm to criminal prosecution .
False
23. A limited liability company is a citizen only of the state in which it was formed .
False
30. The operating agreement of a limited liability company cannot provide for the calculation of a buyout price on a member's dissociation because the event has not yet occurred .
False
6. On appeal of a court's grant or denial of a motion for summary judgment , the appellate court must defer to the trial court's ruling on the issue .
False
A federal statute applies only to those states that agree to apply it within their borders .
False
A partner can be held liable for a partnership obligation only he or she participated in , or knew about whatever it was that gave rise to obligation
False
A person who wrongfully sanother's good name or reputation orally may be liable for
False
A request for admission can lengthen a trial because the parties have to take the time to prove facts on which they may already agree ..
False
An independent contractor is , by definition , an employee because the person's physical conduct is controlled , or subject to control , by the employer .
False
Both parties to an agency relationship have the power and the right to terminate the relationship at any time .
False
Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another a .
False
Even if it conflicts with the U.S. Constitution , a state constitution is supreme within that states ' borders .
False
Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case .
False
If a product was delivered in a safe condition and subsequent mishandling made it harmful to the user , the seller is usually strictly liable .
False
In a sole proprietorship , the owner is not the business .
False
In an agency relationship , one party called the principal agrees to represent or act for another called the agen
False
Like a sole proprietorship or a partnership , the members of a limited liability company have unlimited liability for the firm's debts .
False
Nonverbal expression of belief is not a constitutionally protected form of expression .
False
Only Congress may pass a law in conflict with the Constitution .
False
Only the United States Supreme Court exercises the power of judicial review .
False
Proximate cause exists if " but for " a wrongful act , an injury would not have occurred .
False
The Fifth Amendment allows persons to be deprived of property without due process of law .
False
The commerce clause has had no greater impact on business than any other provision in the Constitution .
False
The study of business law does not involve an ethical dimension .
False
To form a limited liability company , articles of organization must be filed with an attorney's office .
False
To maintain the quality of a product or service , a franchisor can exercise any degree of control over a franchisee's operation without risking potential liability .
False
True A person who enters injury or harm for reasons into a risky situation , knowing the risk of public policy . involved can nevertheless recover for a resulting
False
Under the privileges and immunities clause the federal government has the power to regulate commercial activities among the states ..
False
franchise contract cannot give exclusive territorial rights to a certain geographic area to a franchisee , due to antitrust laws
False
of an ultimate finding of liability T In some jurisdictions , defendants who agree to waive formal service of process receive a reduction in the amount
False
product liability . manufacturer does not need to inspect and test any purchased components used in the final product to avoid
False
statute is a secondary source of law .
False
to a Those who do not consumer . make goods , but only sell or lease them cannot be held liable for harms caused by those goods
False
A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief .
True
A defendant may be able to limit liability for injuries caused by a defective product by showing that a plain negligence contributed to the injuries .
True
A deposition can be used to impeach a party or witness who changes his or her testimony at trial .
True
A person will not be liable for wrongful interference if the interference results from legitimate competitive
True
A product liability claim against the manufacturer of a product that is subject to extensive government may be preempted .
True
An agency relationship can arise by ratification , which involves a determination of intent expressed by words conduct
True
Any time one party's allegedly wrongful conduct causes injury to another , an action may arise under the law of torts .
True
As in a partnership , a limited liability company may pay no taxes - profits can be passed through to the members , who pay personal taxes on the profits .
True
Corporations enjoy many of the same rights and privileges as natural persons do .
True
Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law .
True
Crimes are offenses against society as a whole .
True
Every act of a partner concerning partnership business binds the firm .
True
Foreseeability is the test for proximate cause .
True
Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety .
True
In a criminal case , the state must prove its case beyond a reasonable doubt .
True
In deciding a claim of design defect , a court can consider the relative advantages and disadvantages of an alternative design for a product .
True
Make Up To eliminate if the partnership dissolves . costly negotiations or litigation partners may agree on how the firm's assets will be valued or divided
True
Most crimes require an act of commission .
True
Rescission is the cancellation of a contractual obligation .
True
Speech can be subject to reasonable restrictions .
True
That a favorable court decision will be likely to remedy an injury is an element of standing .
True
The Constitution of the United States is the supreme law of the land and is the predicate for all law in the United States .
True
The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction .
True
The doctrines and principles announced in court decisions govern all areas not covered by statutory administrative law .
True
The greater the employer's control over the work , the more likely it is that the worker is an employee .
True
The proprietor pays only personal income taxes on a sole proprietorship's profits .
True
The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches .
True
Voir dire refers to the jury selection process .
True
When a member of a limited liability company guarantees payment of a loan to the firm , the member is personally liable for the obligation .
True
federal court will apply federal law in a case involving a federal question .
True
first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights
True
lost profits or sales . A principal who creates an exclusive agency and then competes with the agent can be held liable for the agent's
True
mistake of fact can often excuse criminal responsibility .
True
motion to dismiss asserts that a claim has no basis- a law .
True
strict liability . A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for
True
that they learn during the trial . information Jurors must decide a case based only on the
True
another person fearful of an immediate physical harm is an assault if the threat is An reasonably act intended to make believable .
True :
