from test
A business cannot use puffery without liability for fraudulent misrepresentation.
false
A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.
false
A product made in conformity with a manufacturer's design specifications is not considered defective regardless of a flaw in the design.
false
Anyone can circumvent encryption software or other technological antipiracy protection without penalty.
false
Before a trial begins, the jury renders a preliminary verdict to indicate to the attorneys what they must attempt to prove during the course of the trial.
false
Employers are prohibited from taking actions against employees or applicants based on their social network postings.
false
In a successful tort suit, an individual is awarded compensatory damages to put him or her in a better position than the party who committed the tort
false
In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy.
false
Judging a job applicant based on what an online search reveals about the applicant's activities outside the workplace universally is viewed as ethical.
false
No court has held that it is legally acceptable for law enforcement to set up a phony social media account to catch a suspect
false
Once a company has investigated any foreign suppliers, it is unnecessary to continue to monitor those suppliers.
false
Once a manufacturer's trademark is established, another manufacturer may use it without permission.
false
The European Union's copyright rules limit the royalty protection for musicians to ten years
false
There is one right answer to every legal question.
false
To gain a share of a market, a businessperson can interfere in another's business, even if the behavior is predatory.
false
To maintain a claim of trademark dilution, the products involved must be similar.
false
With a motion to strike, a party asks a court for permission to delay the start of a trial in protest of certain aspects or conditions of the plan of litigation.
false
a choice of law clause permits a party to choose which nation's law to apply to a dispute arising under an international contract
false
a court should overturn its precedents unless there is a compelling reason not to
false
a law based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest
false
a person who enters into a risky situation, knowing the risk involved, can nevertheless recover for a resulting injury or harm for reasons of public policy
false
a person who is injured by a defective product can bring a negligence suit only if he or she was the one who purchased the product
false
a resident of one state, when in another state, can be denied the privileges and immunities of that state for any reason
false
a secondary source of law establishes the law on a particular issue
false
a social media post cannot be used to invalidate a settlement agreement
false
a social media post is not subject to discovery in litigation
false
a statute is a secondary source of law
false
all courts use the same test for legal insanity
false
an award of grossly excessive punitive damages is normally available in a suit involving gross negligence
false
an unauthorized reproduction must be exactly the same as the original, and reproduce the original in its entirety, for infringement of copyright to occur
false
an unusual or fanciful trade name is not protected under trademark law
false
any court can exercise jurisdiction over any person
false
because the internet is international in scope, no party to an online dispute resolution proceeding can appeal to a court at any time
false
congress does not pass laws based on ethics
false
crimes are sometimes prosecuted by crime victims rather than by a public official
false
doing business within a jurisdiction is not enough for most courts to compel a defendant to appear
false
even if it conflicts with the U.S. constitution, a state constitution is supreme within that state's boarders
false
if a restriction imposed on speech by the government is content neutral, then a court will not allow it
false
if an appellate court affirms a jury's finding on one issue, the court cannot remand the case for further proceedings on another issue
false
in the american governmental system, applying the laws to specific situations is the essential role of Congress
false
information that cannot be patented, copyrighted, or trademarked cannot be protected as a trade secret
false
intentional deceit for personal gain my be unethical but it does not give rise to liability for fraud
false
judicial review is the process through which congress approves or rejects judicial appointments
false
making ethical decisions is most often done by analyzing objective standards (such as profit or number of people fired) instead of subjective impact on stakeholders.
false
misconduct by the participants in a trial can cause the judge to grant a motion for a new trial
false
one of the purposes of criminal law is to compensate the victims
false
privacy rights receive no protection under federal law
false
rationalization is the process of making a logical decision based in evidence and an alaysis of the ethical dimensions of the decision
false
the attempt to influence a public official to act in a way that serves a private interest is no crim
false
the commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within a state's boarders
false
the federal courts are an independent system of courts superior to the state courts
false
the free exercise clause prohibits the government from passing laws that have any impact on religion
false
the manufacturer of a product may incur liability when a defect causes injury to a user but not when the defect causes property damage to a bystander
false
the term moral minimum is best defined as the highest degree of ethical behavior expected of a firm
false
there are no international conventions or treaties to assist in the enforcement of arbitration clauses because their enforcement is a national domain
false
those who do not make goods, but only sell or lease them, cannot be held liable for harm caused by those goods to a consumer
false
under the communication decency act, internet service providers are liable as publishers of defamatory statements that come from a third party
false
under the principle of rights theory, the key factor in a decision is how the result may harm the rights of the company to make money
false
when profit maximization is the goal, a company does not benefit from ethical behavior
false
As part of the IDDR approach described in the text, it is important to list many possible actions and analyze them using several different ethical theories.
true
In entering personal information to a banking site online, a person may have a reasonable expectation of privacy.
true
Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.
true
Parties to international business transactions should include certain clauses, including arbitration clauses, in their contracts to avoid added complexity in related legal proceedings
true
Preemption occurs when Congress chooses to act exclusively on a subject over which the federal government shares power with the states
true
That a favorable court decision will be likely to remedy an injury is an element of standing.
true
The Federal Trade Commission can effectively force a private company to consent to the agency's review of the company's privacy and data practices
true
The basis of a civil law system is a written code of laws.
true
Under a state long-arm statute, a court can exercise jurisdiction only over certain nonresident defendants.
true
Under the Ninth Amendment, people have rights in addition to those specified in the Constitution.
true
Voir dire refers to the jury selection process.
true
When making ethical decisions, a business should evaluate the financial implications.
true
a constitution is a primary source of law
true
a defendant's motion for a directed verdict, if granted by the court, can end a trial before the defendant presents witnesses
true
a descriptive term is protected under trademark law if it acquires a secondary meaning
true
a landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas
true
a law that limits a fundamental right may be held to violate substantive due process
true
a mistake of fact can often excuse criminal responsibility
true
a motion for summary judgement can assert that the plaintiff failed to state a claim for which the court can grant relief
true
a motion to dismiss asserts that a claim has no basis in law
true
a question of law is generally the focus of an appellate court
true
an act intended to make another person fearful of an immediate physical harm is assault if the threat is reasonably believable
true
an internet service provider that terminates subscribers who infringe copyrights can qualify for "safe harbor" under the Digital Millennium Copyright Act
true
because the internet is international in scope, it raises international jurisdiction issues
true
controlling precedents are binding authories
true
corporate social responsibility links the responsibility of citizenship with the strategy and key principles of a business
true
ethics is a branch of philosophy that focuses on morality
true
every criminal statue prohibits certain behavior
true
federal guidelines allow a company to disclose material information about itself through social media as long as investors are notified in advance
true
local governments, including cities, exercise police powers
true
manufacturers are commonly held liable when their negligence causes users of their products to be injured
true
outcome based ethics determines what is ethical by looking at the potential benefits and harms of a given action
true
picking a jury is an important aspect of litigation strategy
true
some business processes can be protected as trade secrets
true
state regulatory powers are ofter referred to as police powers
true
taking personal property from its owner, without permission or just cause, is trespass---retaining it is conversation
true
the United States Supreme Court has held that a constitutional right to privacy is implied by several of the amendments in the Bill of Rights
true
the fourth amendment protects only against searches that violate a person's reasonable expectation of privacy
true
under the federal law protecting trademarks, "bad faith intent" is one element of a claim of illegal cybersquatting
true
when religious practices work against public policy, the government can act
true
with respect to a patented process, all steps or their equivalent must be copied for infringement to occur
true
