bus 202 exam 1

Oliver slips and falls on Port Harbor's Tour Boat and is injured. Oliver files a suit against Port Harbor for $500,000. If Oliver is 20 percent at fault and Port Harbor is 80 percent at fault, under the "50 percent rule," Oliver would recover

$400,000

Cal is driving a car in which Duff is a passenger when an accident occurs. Cal and Duff are emotionally rattled, but neither is physically hurt. Cal is not liable to Duff on a negligence theory because

Duff was not injured.

Garage Magic, Inc., contracts for the sale of a certain number of garage door openers to Home & Yard Hardware stores. Ian buys one of the openers. The applicable statute of limitations prescribes a period of four years. To bring a product liability claim against Garage Magic, Ian must file a suit within four years of

Ian's discovery of an injury caused by the opener.

Mountain States Trucking wants to initiate a suit against Open Pit Mining Corporation by filing a complaint. The complaint should include a statement alleging the facts establishing

Mountain's basis for relief.

Pietro files a suit against Qiana. If Qiana fails to respond,

Qiana will have a default judgment entered against her.

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.

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that

Soda is in a better position than Talia to bear the cost of her injury.

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.

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 appeals 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.

In a suit against Ian, Jenna obtains an injunction. This is

an order to do or to refrain from doing a particular act.

Beth makes and markets cosmetics. For an ad, Beth superimposes her logo onto a photo of Chelsea, a famous model, suggesting that Chelsea uses Beth's products. Beth does not ask Chelsea's permission. Beth is most likely liable to Chelsea for

appropriation.

Dave and Ellen enter into a contract via e-mail. When a dispute arises over the performance of the deal, Dave files a suit against Ellen. The emerging body of law that governs transactions such as this conducted via the Internet is referred to by the term

cyberlaw

As a judge, Baxter applies common law rules. These rules develop from

decisions of the courts in legal disputes.

In a tweet to Clyde, a reporter for the site Blast, Ethan accuses Financial Services Corporation of cheating on its taxes. If false, making this statement is

defamation.

All Bikes, Inc., a firm in Wisconsin, advertises on the Web. A court in Ohio would be most likely to exercise jurisdiction over All Bikes if the firm

did substantial business with Ohio residents over the Internet

Madison files a complaint in a suit against Christopher, and he files an answer. The case may now be

dismissed or settled.

A federal law requires public libraries to install filtering software on computers to prevent children from accessing adult content online. This law

does not substantially burden free speech.

Outdoor Sports Unlimited, a retail store, must use reasonable care on its premises to warn its customers of

foreseeable risks.

Distinguishing between legal and equitable remedies is

important because the type of remedy available will depend on the type of harm suffered.

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.

Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has

in rem jurisdiction.

Renewable Resources, Inc., files a suit against Sunrich Utility Company and seeks to examine certain documents in Sunrich's possession. A legitimate reason for this examination is that the documents contain

information that is relevant to the case.

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 to communicate on matters of public interest.

In the case of Retail Sales Corp. v. Trucking Delivery Co., the court may rule contrary to a precedent if the court decides that the precedent

is incorrect or inapplicable.

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.

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.

Sofia files a suit against Turista Airlines, Inc. Turista responds that it appears from the pleadings that the parties do not dispute the facts and the only question is how the law applies to those facts. Turista supports this response with witnesses' sworn statements. This is a

motion for summary judgment.

Camp Gear, Inc., makes and sells a camp stove to Devin. Camp Gear fails to exercise "due care" to make the stove safe, however, and Devin is injured as a result. Camp Gear is most likely liable for

negligence.

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 the choices.

Keralyn creates a Web site to post threatening messages about celebrities. The First Amendment protects such speech

none of the time.

Omar, a driver for Piece'a Pizza Delivery Service, causes a multi-vehicle accident on a city street. Omar and Piece'a Pizza are liable to

only those whose injuries could have been reasonably foreseen

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.

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.

George burns a U.S. flag in his backyard. He posts a video of the event on YouTube.com. George's actions are

protected by the First Amendment.

Sustainable Agro Corporation regularly expresses opinions on political issues, including whether to ban the use of genetically modified organisms (GMOs). Under the First Amendment, corporate political speech is

protected.

There are no precedents on which the court deciding the case Standard Resource Co. v. Topline Inventory, Inc., can base its decision. The court can consider, among other things,

public policy or social values.

Zoom In, Inc., is engaged in the business of coding, with an emphasis on Internet marketing, business apps, and intra-corporate 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.

Brad, a citizen of California, obtains a federal license to operate a commercial fishing boat in a certain area off the coast. The California state legislature enacts a law that bans all commercial fishing in that area. The state law most likely violates

the commerce clause.

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

the equal protection clause.

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

the establishment clause.

Wideload, Inc., makes, sells, and leases trucks, trailers, and other moving and hauling equipment for consumer use. Verna files a product liability suit against Wideload, alleging a design defect. In deciding whether to hold the maker liable, the court may consider

the expectations of the ordinary consumer.

Stephan wins his suit against Tidewater Boats, Inc. Tidewater's best ground for appeal is the trial court's interpretation of

the law that applied to the issues in the case.

The Appellate Division of the New York Supreme Court issues an opinion that can be found at 137 A.D.3d 409, 26 N.Y.S.3d 66. "137" is

the number of the volume in the official reports of the court's decisions.

Farmers Pantry Products Inc. and Market Grocers LLC dispute a term in their contract. If Farmers Pantry and Market Grocers have a long-standing business relationship that they would like to continue, they may prefer to settle their dispute through mediation because

the process is not as adversarial.

Congress enacts a statute, the Federal Deposit Insurance Corporation (an administrative agency) issues rules, the Southeast Financial Institutions Association (a private organization) 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 statute enacted by the Arizona state legislature to regulate trucking affects interstate commerce. In evaluating this statute, the courts will balance the burden that it imposes on interstate commerce against

the state's interest in regulating the matter.

The Constitution sets forth specific powers that can be exercised by the federal government and provides that the federal government has the implied power to undertake actions necessary to carry out its expressly designated powers. All other powers are expressly reserved to

the states.

Ballpark Sportsfield, Inc., files a suit against Concessions & Tailgate Services. The document that informs Concessions & Tailgate that it must file an answer within a specified time period is

the summons.

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

unconstitutional under the First Amendment.