Claw Exam 1 Part 1
Lyn files a suit against Karl. Karl denies Lyn's charges and sets forth his own claim that Lyn breached their contract and owes Karl money for the breach. Karl's claim is
A Counterclaim
Felix tells Genie, a prospective tenant, that the roof of the Hillside Apartments building does not leak when Felix knows that it does. This may give rise to an action for fraud, because the statement is one of
A Fact
Olivia, a citizen of Nebraska, wants to file a suit against Micah, a citizen of Kansas. Their diversity of citizenship may be a basis for
A federal court to exercise original jurisdiction.
Larry enters into a contract with Motivational Education Services to host a panel discussion at a sales conference. When the conference is postponed indefinitely, Larry asks a court to cancel the contract and return the parties to the positions that they held before its formation. This request involves
A rescission
In Research & Development Company's suit against Structural Engineers, Inc., Research & Development wants to introduce evidence that it claims is relevant. Relevant evidence is evidence that
All of these choices
Dirt Machines Inc. files a suit in a state court against Earth Movers Inc., claiming that the defendant leased and failed to return a bulldozer. The case proceeds to trial, after which the court renders a verdict. If Earth Movers to, and files a brief with, a state appellate court, Dirt Machines's attorney may file within a prescribed period of time
An answering brief
Kevin is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Kevin to find previously decided cases that, in relation to the case under consideration, are
As similar as possible
Invested Capital Corporation provides other firms with funds to expand operations. If Invested Capital strictly complies with existing laws, the firm's business ethics obligations will
Be partially met
Fifi, a clerk at a Games n' Gamers store, takes a video game player and a selection of new games from the store without permission. Fifi is liable for
Conversion
Destiny and Enzo engage in a business transaction. When a dispute arises, Destiny initiates a lawsuit against Enzo by filing a complaint. If Enzo files a motion to dismiss, he is asserting that
Destiny did not state a claim for which relief can be granted.
Center City enacts an ordinance that imposes a jail term, without a trial, on all contractors who solicit business without a city permit. A court would likely review this ordinance under the principles of
Due Process
Garden Tool Company makes chain saws. Hadrian is injured while using a Garden saw and sues the company for product liability based on negligence. To win, Hadrian must show that
Garden did not use due care with respect to the trimmer.
After a dinner at Rosario's Italian Café, Susie believes that she was overcharged and shoves Theo, the waiter. Theo sues Susie, alleging that the shove was a battery. Susis is liable
If the shove was offensive
In Fuel Injection Products & Service Corporation's suit against Gears & Cylinders, Inc., the jury returns a verdict in Fuel Injection's favor. Gears & Cylinders files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for
New trial
The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by
No one
In Hazel's suit against Ingrid, the court issues a judgment in Ingrid's favor. If the case is appealed to an appropriate court of appeals, the appellate court will hear
None of the evidence
National Hospital Organization (NHO), a political lobbying group, wants a certain healthcare cost-reimbursement policy enacted into law. If NHO's policy conflicts with the U.S. Constitution, a law embodying it can be imposed by
None of these choices
Jon, a law enforcement official, monitors Kelsey's Internet activities—e-mail and Web site visits—to gain access to her personal financial data and student information. This may violate Kelsey's right to
Privacy
Roadbuilders, Inc., uses dynamite in its operations. Sky-Hi Fireworx, Inc., stores explosives in its warehouses. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity will be
Roadbuilders and Sky-Hi
Sail-Away Corporation makes sailboards, which are bought and distributed by Tropic Company to UV Sports Stores, Inc., which sells them to consumers. Wen is injured while using a Sail-Away board that he bought from UV Sports. In a product liability suit based on strict liability, Wen may recover from
Sail-Away, Tropic, or UV Sports.
Mediocrité, Inc., makes and sells goods that are substandard. Naomi, who has never bought or used a Mediocrité item, files a suit against the firm, alleging that its products are defective. The company's best ground for dismissal of the suit is that Naomi does not have
Standing
Faye files a suit in a state court against Gas Station Stop, claiming employment discrimination. Gas Station loses the suit and appeals. After the state's highest court's review of Faye v. Gas Station Stop, either party can appeal the decision to the United States Supreme Court if
a federal question is involved.
Garvey files a suit in a state court against Hi-Rise Apartments. At the conclusion of Garvey's case, Hi-Rise files a motion asking the judge to direct a verdict for the defendant on the ground that Garvey has presented no evidence to support his claim. This is a motion for
a judgment as matter of law.
Café Espresso is a coffee shop subject to the laws of Illinois. In Illinois, the highest-ranking (superior) law is
a provision in the Illinois constitution.
The case of Max v. National Credit Co. is heard in a trial court. The case of O! Boy! Ice Cream Co. v. Pecan Corp. is heard in an appellate court. The difference between a trial and an appellate court is whether
a trial is being held.
Brick & Mortar Construction & Masonry Corporation's ethics committee is asked a question: Should the firm bid low to obtain a contract that it knows it can fulfill only at a higher price? A practical method of investigating and answering this question involves all of the following steps except
absolution.
The Bay City Planning Department, the Coastal County Zoning Commission, the California Environmental Quality Agency, and the U.S. Bureau of Land Management issue regulations. These rules constitute
administrative law.
Deb and Earl are involved in a lawsuit. This is
an action
James and Kay enter into a contract for the sale of a bicycle, but Kay later refuses to deliver the goods. James asks a court to order Kay to perform as promised. Ordering a party to perform what was promised is
an equitable remedy
Big Box Retail Stores, Inc. fires its employee Craig for criticizing his manager Daria in posts on social media forums. According to the National Labor Relations Board, this discharge is
an ethical issue only
SmartTalk, Inc., makes and markets cell phones and related accessories. When problems develop with SmartTalk products or sales, the company may be liable in product liability for any of the following except
an ineffective marketing plan
South Carolina 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
Under the commerce clause, Congress has the power to regulate
any commercial activity in the United States that substantially affects interstate commerce.
Flo is working on a construction site when she is injured on the job in the collapse of a Girder Company-made beam. At the time, Flo is not wearing any safety gear. In Flo's product liability suit against Girder, the company can most successfully raise the defense of
comparative negligence.
In the early King's Court of England, a court of law could grant as a remedy only:
damages
As a judge, Baxter applies common law rules. These rules develop from
decisions of the courts in legal disputes.
The commerce clause's implied limitation of a state's right to legislate in the area of interstate commerce is the:
dormant aspect.
The Alternative Energy Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include solar power companies. Under the Constitution, Congress
enacts the laws.
As part of a hiring process, Codex Marketing Company conducts an Internet search to discover what a job candidate has posted. To Codex, this act should present
ethical issue
Kari and Lillian, who are citizens of Mississippi, are involved in a case related to the adoption of their child. Over this case, Mississippi state courts have
exclusive jurisdiction
Bob claims that certain action by the federal government and the state of Delaware infringe on rights guaranteed by the Bill of Rights in the United States Constitution. These rights protect individuals and some corporations from:
from the actions of the government.
Ceramics Corporation makes ceramic products for commercial uses, including heat-resistant tiles for industrial ovens. When damage occurs in an oven at Dura-mold, Inc., liability may be imposed on Ceramics if the tiles sold to Dura-mold were
in a defective condition that was the proximate cause of the damage
Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in "A Sample Court Case," Rosa and Raymond Parks Institute for Self-Development v. Target Corp., PriceMart's sale of these items most likely
is a qualified privilege
Brandname Parts, Inc., makes and sells parts for the repair of major appliances. Clarice suffers a loss when a defective Brandname part in her freezer fails to keep the contents fresh. A statute restricts the time within which Clarice may file a product liability suit once she has discovered or should have discovered the damage. This is a statute of
limitations.
In attempting to maximize profits, executives and employees of Capital Solutions, Inc., and other corporations have to distinguish between short-run and long-run profit maximization. Business ethics is consistent only with
long-run profit maximization.
Gary accuses Helen, a broker with Investment Services, of fraudulently inducing him to invest in Junkbonds Inc., after the company's stock price declines in value. The reliance that gives rise to liability for fraud requires
misrepresentation of a fact knowing that it is false
A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is
negligence per se
Robin is a spectator at State Tennis Tournament, an athletic competition. Regarding the risk of injury, Robin assumes the risks
normally associated with the tournament.
River Rock Company makes spas and hot tubs. Sterling files a product liability suit against River Rock, alleging a warning defect in one of its products. In deciding whether to hold the defendant liable, the court may take note that a manufacturer or seller has no duty to warn about risks that are
obvious
Any decision by the management of Fast-Food Franchise Corporation may significantly affect its
operators, owners, suppliers, the community, or society as a whole.
Sour Dough Inc. and The Bread Company, agree to a contract that includes an arbitration clause. If a dispute arises, a court having jurisdiction may
order a party to submit to arbitration.
According to the view that Applied Engineering Corporation is a "citizen," the firm is expected to
participate in bettering communities and society.
Zoom In, Inc. is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intracorporate networks. In all of Zoom In's business activities, it is subject to United States laws and regulations. The basis for all law in the U.S. is
the U.S. Constitution
Tyler, a citizen of Utah, files a suit in a Utah state court against Virtual Sales Corporation, a Washington state company that does business in Utah. The court has original jurisdiction, which means that
the case is being heard for the first time
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
the obvious risks of this product.
Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organizations) issues instructions, South Valley Bank posts a memo with orders for its employees, and Tina tells her co-worker about a recent news story. Sources of law include
the rules issued by federal administrative agencies.
A federal law prohibiting the use of a certain pesticide directly conflicts with a state law permitting that use. The state law will be rendered invalid due to
the supremacy clause.
The Rapid Transit Institute wants the federal government to spend money on inner city and inter-city light rail systems. Congress can spend revenue
to promote any objective that Congress deems worthwhile
Major Construction & Manufacturing Corporation makes a side payment to a government official in India. Under the Foreign Corrupt Practices Act, this is permitted
under no circumstances.
In a suit against Olive, Pimento obtains damages. In the U.S. legal system, this remedy at law is
usual
