BLAW Unit 2 Test

After notice-and-comment rulemaking, the U.S. Bureau of Land Management (BLM) issues a new rule and applies it to Clearcut Timber Company. Clearcut appeals the application to a federal court. The court will most likely defer to the BLM's interpretation of

a. the facts and the law.

The U.S. Social Security Administration is a federal agency. The Iowa Department of Social Services is a parallel state agency. If these agen-cies' regulations conflict

a. the federal agency's regulations take precedence.

South Dakota, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under

a. the state's police powers.

A federal law regarding the labeling of pesticides directly conflicts with a state law. The state law will be rendered invalid due to the

a. the supremacy clause.

Nico is a passenger in a car driven by Owen, whose reckless driving causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, and Nico is injured. Nico files a suit against Owen, alleging negligence. The element most likely to be a question for the court to decide is

b. proximate cause.

Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the informa-tion, Beck must

b. reasonably describe the information.

Manuel is walking past Thomas's house when he hears a smoke alarm going off. He also hears a child calling for help and sees smoke coming from a window. Manuel rushes into Thomas's house, finds the child and brings it outside. If Thomas sues Manuel for trespass to land, Manuel's defense will probably be

a. assisting someone in danger.

The Merit Systems Protection Board issues a rule. Like other adminis-tra-tive agencies' "legislative rules," this rule is as

a. binding as a law passed by Congress.

In 2013, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest

a. but goes no further than necessary to achieve its purpose.

Pure Water Company is subject to a decision by the Environmental Protection Agency. Pure Water appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

a. changed the agency's prior policy without justification.

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

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

Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury

a. if Ike intended to push Joan.

Machismo Motor Sales Corporation regularly advertises its off-the-road vehicles, all-terrain vehicles, and other products. Under the First Amendment, these ads and other commercial speech are given

a. less extensive protection than noncommercial speech.

The Food and Drug Administration (FDA) is investigating reports that Caplets Pharmaceutical Corporation is putting potentially harmful ad-di-tives in Doze, a new pain-relief medication. The FDA's demands for particular documents from Caplets

a. must be specific and adequately describe the material being sought.

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is NOT defamatory if

a. only Hu hears it.

Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on

a. procedures used in making decisions to take life, liberty, or property.

The Class Action Fairness Act of 2005

a. shifted jurisdiction over certain class-action lawsuits from the state courts to the federal courts.

The Internal Revenue Service (IRS) wants to seize certain documents of Monetary Propriety, Inc. Whether it is permissible for the IRS to request or seize the documents depends on whether the docu-ments are

b. relevant.

In newspaper ads, Lo-Price Autos falsely accuses Hi-Value Vehicles, a competitor, of selling stolen cars. Hi-Value's sales decrease. Lo-Price has most likely committed

b. slander of title.

The U.S. Citizenship and Immigration Service issues a rule. Like the rules of other federal administrative agencies, this rule is compiled in

b. the Code of Federal Regulations.

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on

b. the content of the statute.

Congress leaves it to the Bureau of Prisons to oversee the promulgation of detailed regulations in areas under the agency's juris-diction. This is

b. the delegation of legislative powers.

To reduce traffic, Harbor Town enacts an ordinance that allows only a few street vendors to operate in certain areas. A court would likely review this ordinance under the principles of

b. the equal protection clause.

Oklahoma enacts a law requiring all businesses in the state to donate 10 per-cent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates

b. the establishment clause.

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the Bill of Rights. All of these rights limit

b. the federal government only.

Mary is angry with Julia so she waits outside Julia's house and hits Julia with a baseball bat as Julia leaves the house.

b. tortfeasor.

Frank slips and falls on Guy's Harbor Tour Boat and is injured. Frank files a suit against Guy's for $500,000. If Frank is 20 percent at fault and Guy's is 80 percent, under the "50 percent rule" comparative neg-ligence principles, Frank would recover

c. $400,000.

Reusable Energy Corporation regularly expresses opinions on political issues. Under the First Amendment, corporate political speech is

c. protected.

The Securities and Exchange Commission decides to create a new rule relating to the dissemination of material nonpublic information through corporate Web sites. The first step is

c. publish a notice of the proposed rulemaking.

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is

c. res ipsa loquitur.

Mary creates a t-shirt design that expresses her support for a presidential candidate and distributes t-shirts to all her friends. The t-shirts are an example of

c. symbolic speech.

To notify the public of a proposed rule, the Food Safety and Inspection Service, like other federal agencies, publishes the proposal in

c. the Federal Register.

With some exceptions, every portion of every meeting of the Federal Reserve System Board of Governors and other federal administrative agencies must be open to public observation under

c. the Government in the Sunshine Act.

A Massachusetts state statute imposes a prison term, without a trial, on all street performers who operate in certain areas. A court would likely review this statute under the principles of

c. the due process clause.

Plastix Produx Company is subject to a decision by the Consumer Product Safety Commission. Opposed to the decision, Plastix Produx wants a court to review it. First, however, the firm must use all of the potential administrative remedies. This is

c. the exhaustion doctrine.

Susan takes her car to Ken's repair shop and asks him to fix the car's brakes. Ken completes the work and sends Susan a bill for $100. Susan refuses to pay so Ken refuses to return Susan's car. Susan can probably successfully sue Ken for

d. none of the choices.

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

d. normally associated with the triathlon.

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

d. not fraud.

Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to

d. substantive due process.

Congress enacts a law that sets out a rigorous medical-device premarket approval process for the U.S. Food and Drug Administration to follow. The law includes a preemption provision. Moe is injured by a device that underwent the process and files a claim under New Hampshire state law to recover for the injury. The court will most likely rule that

d. the federal law preempts Moe's state law claim.

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights embodies a series of protections for Don against types of interference by

d. the government only.

The U.S. Fish and Wildlife Service utilizes notice-and-comment rulemak-ing. This involves a period during which

d. the public is asked to comment on a proposed rule.

Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if

d. the statement is false.

Congress enacts a law prohibiting toys made in China from being sold in the United States. The Hawaii state legislature enacts a law allowing the sale of Chinese-made toys. Hawaii's law will most likely be struck down under

d. the supremacy clause.

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed

d. trespass to personal property.

Freight Transport Company is subject to a decision by the National Labor Relations Board. Freight Transport appeals the decision, arguing that it is arbitrary and capricious. This could mean that the decision

d. was plainly contrary to the evidence.

In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts

a. are usually reluctant to review questions of fact.

Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for

a. assault and battery.

Brad stands in front of Rooster's Round-Up Café, shouting "fighting words" that are likely to incite Rooster's patrons to respond violently. The First Amendment protects such speech

b. none of the time.

All powers not specifically delegated to the federal government are reserved to the states.

True

An Internet service provider cannot be held liable for disseminating others' defamatory remarks.

True

An administrative agency can issue an interpretive rule to indicate how the agency plans to interpret its statutory authority.

True

Any lawful contract can potentially form the basis for an action based on wrongful interference with a contractual relationship.

True

Article I, Section 8, of the U.S. Constitution permits Congress to regulate interstate commerce.

True

At least in theory, Congress can regulate every commercial enterprise in the United States.

True

Class-action lawsuits are suits in which a number of persons join together to bring an action.

True

Disparagement of property is another term for slander of quality.

True

Failure to live up to a standard of care may be an act or an omission.

True

False imprisonment occurs when a person restrains another intentionally and without justification.

True

Federal agencies must consider ways to reduce the economic impact of new regulations on small businesses.

True

Final administrative rules have binding legal effect unless the courts later overturn them.

True

Frequently, disputes over violations of administrative rules are resolved through informal adjudication proceedings.

True

Harm must be foreseeable to be considered the proximate cause of an injury in negligence.

True

If it can be shown that a trespass to land was warranted, a complete defense exists.

True

If no harm results from an allegedly negligent act, there is no liability.

True

If the meaning of a statute's language is unclear and an agency interprets it, a court must follow the interpretation as long as it is reasonable.

True

In a country with a federal form of government, the national government and the states share sovereign power.

True

Individuals have a right to obtain access to information about them collected in government files.

True

Interpretive rules simply declare policy and do not affect legal rights or obligations.

True

Often, an administrative agency itself enforces its rules.

True

Preemption occurs when Congress chooses to act exclusively in a concurrent area and a valid federal statue or regulation takes precedence over a conflicting state or local law.

True

Procedural due process requires that any government decision to take a person's property must be made fairly.

True

Proximate cause exists when the connection between an act and an in-jury is strong enough to justify imposing liability.

True

Self-defense is a defense to an allegation of both assault and battery.

True

Some risks are obvious but that does not necessarily excuse a business owner from the duty to protect customers from foreseeable harm.

True

State regulation, when not preempted, may cover many of the same activities as federal regulation.

True

Substantive due process focuses on the substance of legislation.

True

Symbolic speech is defined as nonverbal expressions of belief and is protected by the First Amendment.

True

The Bill of Rights protects individuals against types of interference by the federal government.

True

The Children's Internet Protection Act requires public schools and libraries to use filtering software to block children's access to adult contact on Web sites.

True

The Eighth Amendment prohibits excessive bail and fines, as well as cruel and unusual punishment.

True

The First Amendment protects corporate political speech.

True

The Fourteenth Amendment guarantees a right to due process of law.

True

The President appoints federal judges with the advice and consent of the Senate.

True

The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.

True

The establishment clause of the U.S. Constitution prohibits the federal government from establishing a state-sponsored religion.

True

The judicial branch has the power to hold actions of the other branches of government unconstitutional.

True

The period for persons to comment on a proposed administrative rule must be at least thirty days.

True

The public disclosure of private facts about a person is an invasion of privacy.

True

The public must be provided with adequate advance notice of scheduled federal administrative agency meetings and agendas.

True

The use of a person's likeness for commercial purposes without permission is appropriation.

True

Through tort law, society compensates those who suffer injuries as a result of others' wrongful conduct.

True

To determine whether a duty of care has been breached, a judge asks how a reasonable person would have acted in the same circumstances.

True

Under a dram shop act, liability can be imposed without proof of negligence.

True

Under the Constitution, the judicial branch interprets the laws.

True

When there is a direct conflict between a federal and a state law, the state law is rendered invalid.

True

Wrongfully taking personal property without the owner's permission is conversion

True

A failure to return personal property is disparagement of property even if the rightful owner consented to the initial taking.

False

A law that has any impact on religion is unconstitutional.

False

A law that limits only some persons' exercise of a fundamental right is valid under any circumstances.

False

A law that limits the liberty of all persons may violate substantive due process.

False

A party cannot recover damages for severe emotional distress absent a showing of physical injury.

False

A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.

False

Administrative agencies cannot make legislative rules, or substantive rules, that are as legally binding as laws that the Congress passes.

False

An administrative adjudicatory hearing does not have to meet the constitutional standards of due process.

False

An agency must conduct a regulatory flexibility analysis whenever a new regulation will have an impact on a "small number of substantial entities."

False

An assumption of risk defense does not require that a risk be voluntarily assumed.

False

Because the Constitution does not specifically a right to privacy, this right is denied to people.

False

By delegating some of its authority to make and implement laws, Congress violates the U.S. Constitution.

False

Defamation is one person's use of another's name without permission.

False

Defense of others is a defense to an allegation of battery, but not assault.

False

Every portion of every meeting of a federal administrative agency does not have to be open to public observation.

False

Federal administrative agencies can regulate beyond the powers granted by enabling legislation.

False

Federal executive agencies are outside the federal executive departments.

False

Final administrative rules do not have binding legal effect unless the courts later declare them to be binding.

False

For a tort to be considered intentional, the tortfeasor must have an evil or harmful motive.

False

Fraud occurs only when there is reliance on a statement of opinion.

False

If a business firm refuses to comply with an agency's request to inspect facilities or business records, the agency must defer to the refusal.

False

If the meaning of a statute's language is unclear and an agency interprets it, a court must overturn the interpretation.

False

In most instances, an agency is not required to obtain a search warrant before a physical search for evidence is conducted.

False

Independent regulatory agencies include the cabinet departments of the executive branch.

False

Like statutory law, administrative law is created by legislatures.

False

Only experts can submit comments on a proposed administrative rule.

False

Rulemaking—the formulation of new administrative regulations—is a major function of Congress, not administrative agencies.

False

Self-defense is a defense to negligence.

False

Statements made by in judicial proceedings are NOT privileged communications and may be the basis for defamation.

False

The Administrative Procedure Act does not apply to a particular agency procedure.

False

The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.

False

The First Amendment protects defamatory speech.

False

The First Amendment requires a complete separation of church and state.

False

The President determines the jurisdiction of the federal courts.

False

The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.

False

The courts consider legitimate competitive behavior permissible only if it does not result in the breaking of a contract

False

The extreme risk of an activity is a defense against imposing strict liability.

False

The federal government must disclose certain records to any person or entity on written request only if there is a rational reason for the request.

False

The terms "due process" and "equal protection" mean the same thing.

False

There is a precise definition of what makes an administrative rule arbitrary and capricious.

False

To avoid liability for negligence, a business owner must protect its pa-trons against all risks.

False

To commit an intentional tort, one person must intend to harm a certain person.

False

Under the "danger invites rescue" doctrine, a person who tries to rescue another individual from harm is liable for any injuries to that individual.

False

Under the Constitution, the judicial branch is responsible for foreign affairs.

False

Under the doctrine of comparative negligence, only the plaintiff's negligence is taken into consideration.

False

Under the exhaustion doctrine, a party must feel "exhausted" about an administrative action or regulation to challenge it in court.

False

Under the theory of negligence, the duty of care requires a careless act.

False

Under their police powers, states can regulate only public activities, such as political demonstrations.

False

Unlike those who violate statutes, violators of agency rules are not punished.

False

Very few states have limited the amount of damages that can be awarded in tort cases.

False

Julia is a U.S. citizen. She establishes a website that posts threatening messages about celebrities. Her website is

b. not protected by the First Amendment.

Independent regulatory agencies such as the Federal Trade Commission are

b. outside the major departments of the government's executive branch.

The commerce clause's express grant of exclusive authority to regulate commerce that substantially affects trade and commerce among states is referred to as the

b. positive aspect of the commerce clause.

A confederal form of government is a confederation of independent states with a central government of very limited powers.

True

A law that restricts people of a certain national origin from doing something will be carefully examined to make sure it promotes a compelling government interest before it is allowed to stand.

True

A party can challenge an administrative regulation as so irrational as to be arbitrary and capricious.

True

A party seeking court review of an administrative action must first exhaust all of his or her administrative remedies before seeking court review.

True

Administrative agencies can conduct warrantless searches in some situations.

True

Administrative agencies generally exercise substantial discretion over the type of hearing procedures that they use.

True

All federal government agencies must make their records available electronically on the Internet.

True

Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest "revenue-enhancing" measure and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be

a. an unconstitutional restriction of speech.

California enacts a statute to ban advertising in "bad taste." This statute would likely be held by a court to be

a. an unconstitutional restriction of speech.

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

b. privacy.

George burns an American flag in his backyard. He films his actions and posts the video on YouTube.com. George's actions are

b. protected by the First Amendment of the U.S. Constitution.

ViolentVideoGames, Inc. markets a variety of shooting, fighting and hunting video games. A state statue is enacted that requires all video game manufacturers to label any games with an option to kill something as "excessively violent." A court would likely hold this regulation to be

a. an unconstitutional restriction of speech.

Savers Mart, Inc., distributes its merchandise to retail outlets on an inter-state basis. Under the commerce clause, Congress has the power to regulate

a. any commercial activity in the United States.

Guard Personnel Company is charged with using hiring practices that do not meet requirements set by the Transportation Safety Administration (TSA). The administra-tive law judge or-ders Guard to comply with the TSA's regulations. Guard may

a. appeal to the commission that governs the TSA.

The commerce clause of the U.S. Constitution is found in

a. Article I, Section 8.

Executive control over the Federal Communications Commission, and other agencies, may be exercised through a pres-iden-tial veto of

a. Congress's modifications of the agency's authority.

Nemo's Seafood Restaurant Company pays income and other taxes collected by the Internal Revenue Service (IRS). Like other federal administrative agencies, the IRS was created by

a. Congress, through enabling legislation.

Playground Equipment, Inc., is subject to regulations issued by the Occupational Safety and Health Administration (OSHA). Like other federal administrative agencies, the OSHA was created by

a. Congress, through enabling legislation.

Persons who favor the creation of a National Biotech Agency to regu-late the production of genetically altered agricultural products should concentrate their lobbying efforts on

a. Congress.

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark will be

a. Oakley.

A failure of the Federal Bureau of Investigation to comply with a request under the Freedom of Information Act (FOIA) may be challenged in

a. a federal district court.

The Federal Aviation Administration uses notice-and-comment rulemak-ing. The final rule in such a proceeding is sometimes referred to as

a. a legislative rule.

The Federal Emergency Management Agency (FEMA) discovers that Goodnuff Trailers, Inc., is violating a FEMA regulation. If this situation is resolved like most such disputes, the outcome will be

a. a negotiated settlement.

The functions of the Social Security Administration, like those of other adminis-trative agencies, include

a. adjudication.

The Nuclear Regulatory Commission (NRC) files a complaint against General Construction Corporation (GCC). GCC may want to set-tle the dispute, before formal adjudicatory proceedings be-gin, to avoid

a. appearing uncooperative.

Kelly is injured when she slips and falls on Layla's sidewalk. To determine whether Layla owed a duty of care to Kelly, Layla is subject to the standard of

b. a reasonable person.

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful inter-ference with a

b. business relationship.

Serenity City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be

b. constitutional under the First Amendment.

The Constitution sets out the authority and the limits of the branches of the government. The term checks and balances means that

b. each branch has some power to limit the actions of the others.

Kai files a suit against Lana based on one of Lana's statements that Kai alleges is fraudulent. To give rise to fraud, the statement must be one of

b. fact.

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

b. hidden risks.

The U.S. Mine Safety Administration conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

b. highly regulated industries.

Before adopting new regulations to govern Internet-based phone services, the Federal Communications Commission may not

b. ignore the Administrative Procedure Act to streamline proceedings.

Tami's Tasty Tacos, a fast food outfit, files a suit against the state of Texas, claiming that a Texas state law violates the commerce clause. The court will agree if the statute imposes a substantial burden on

b. interstate commerce.

Obie accuses Portia, a broker with QT Financial Services, of fraudulently inducing him to invest in Risky Development Company, whose stock price declines in value. The reliance that gives rise to liability for fraud requires

b. misrepresentation of a fact knowing that it is false.

Caleb is a witness in a contro-versy involving the U.S. Drug Enforcement Administration. Caleb can be compelled to appear before an adminis-trative law judge if he is served with

c. a subpoena.

Nursing Home Care Company is charged with violating a rule of the Social Security Administration. Most likely, Nursing Home Care will be required to appear at a hearing presided over by

c. an administrative law judge.

Antonin, a federal judge, retires. The vacant position will be filled by a judge

c. appointed by the President.

Martin, a U.S. citizen, feels that a recently enacted federal law is unfair. He assembles a group of friends and they write a petition to the government. Martin and friends then stand quietly in front of the White House with signs declaring their belief that the law is unfair. Under the First Amendment, Martin has a right to

c. both petition the government and assemble peaceably.

. Lizzie, a clerk at a Movies Unlimited store, takes a DVD player from the store without permission. Lizzie is liable for

c. conversion.

Barbara is selling her car. She knows that the brakes do not work. When a potential buyer asks Barbara if there are any problems with the car, Barbara assures the buyer that there are no problems. The buyer purchases the car based on the assurance that there is nothing wrong with it. The buyer may be able to sue Barbara for a. assault.

c. fraudulent misrepresentation.

The Regulatory Flexibility Act has helped reduce record-keeping bur-dens for Hometown Gas Company and other small business firms in the area of

c. hazardous waste management.

Labor Recruiters, Inc., has been ordered to appear at a hearing be-fore an administrative law judge of the National Labor Relations Board. A significant difference between a trial and an administrative hearing is that

c. hearsay can be introduced as evidence in an administrative hearing.

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to

c. only those whose injuries could have been reasonably foreseen.

Jean is playing a video game on a defective disk that melts in her game player, starting a fire that injures her hands. Jean files a suit against K-Tech, Inc., the game's manufacturer. K-Tech is held liable under the doctrine of strict liability. A significant appli-cation of this doctrine is in the area of

c. product liability.

The police obtain a search warrant and search Dave's apartment. After yelling obscenities at the officers, Dave confesses to a crime and implicates his friends. The Constitution protects against

c. unreasonable searches only.

Duffy is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Duffy are emotionally rattled, but neither is physically hurt. Caleb is not liable to Duffy on a negligence theory because

d. Duffy was not injured.

Which of the following does not necessarily make material obscene?

d. The work shows animals mating.

The U.S. Patent and Trademark Office (USPTO) wants to review certain records of Verity Corporation. The USPTO can legitimately gain access to the records through

d. Verity's consent.

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as

d. a reasonable person.

The Consumer Product Safety Commission (CPSC) wants Monster Toy Company to produce certain records for review. To obtain the records, the CPSC will issue

d. a subpoena.

Jane develops a new color of lipstick. To market her lipstick, Jane uses a computer design program to show a famous model using Jane's lipstick. Jane does not ask the model's permission. The model can sue Jane for

d. appropriation.

Adult Shoppe in Bay City sells a variety of publications, including child pornography. Bay City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely

d. constitutional under the First Amendment.

The Financial Institutions Association would like a certain law enacted, administered, interpreted, and enforced in the best interest of its members, which include banks. Under the Constitution, Congress

d. makes the laws.

A Rhode Island state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's equipment does not have the switches. Trudy, a Steel employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery is

d. negligence.

An Iowa state statute requires amusement parks to maintain equipment in specific condition for the protection of patrons. Jack's Fun Park fails to maintain its equipment. Keely, a patron, is injured. Jack's has committed

d. negligence.

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is

d. no tort.

Roger wants Andy to work late on a project. He tells Andy that the morally correct thing to do is to stay late at the office and work on the project. Andy feels obligated to stay and work late due to the moral pressure from Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for

d. no tort.

Liz trespasses on Mega Corporation's property. Through the use of rea-sonable force, Mega's security guard Ned detains Liz until the police ar-rive. Mega is liable for

d. none of the choices.

Richard is an avid baseball fan and attends baseball games whenever he can. Richard considers himself an expert on all things, including risks, related to baseball. One day a ball flies into the stands, hits Richard in the head and seriously injures him. Richard can probably successfully win a case against the sports stadium based on

d. none of the choices.