Business Law Exam #1
Punitive damages?
Damages in excess of the plaintiff injuries awarded to punish defendant.
Stare Decisis?
Decisional law by relying on previous decisions.
Which of the following denotes an injury to a persons reputation?
Defamation
Which of the following is an example of interference with economic relations?
Disparagement
A treaty becomes the Supreme law of the land when?
It is an agreement made by the President with a foreign gov't and 2/3rd's of the Senate ratify it.
Common defense to the tort of invasion of privacy?
News worthiness
Consent can be a defense to battery only if a consent is freely and intelligently given
True
Defendant's actions must be outrageous in order to be found guilty of intentional infliction of emotional distress.
True
Law must be predictable, yet flexible enough to accommodate change.
True
No actual harm to property is necessary for a trespass.
True
Private duties owned by one person to another are established by civil law.
True
Profit maximization focuses exclusively on making a decision that forces profits.
True
The Civil Rights Act of 1964 is an example of substantive law.
True
The defendant need not actually touch the plaintiff's body to be liable for battery.
True
Under the notion of federalism, the U.S. is composed of 51 different legal systems.
True
Under the tort of defamation, what is a complete defense?
Truth
Under RICO?
Using income derived from racketing activity to acquire an interest in an enterprise is prohibited.
An intentional nonconsensual action that is harmful or offensive is?
Assault (threat of harm)
Punitive damages can be used for intangible harms such as injury to reputation and emotional distress. (Provable Injuries)
False
The U.S. Supreme Court does not have any discretion to decide whether it hears or not.
False
The doctrine that says a court in making a decision must follow precedence of prior cases is called ex post facto rule.
False
The plaintiffs burden of proof in a tort case is identical to that of a criminal case.
False
Truth is not a defense to a defamation action.
False
When there is a conflict between a state law and federal law, the state law will prevail.
False
In a criminal trial, the judge is never allowed to alter or overrule the jury's verdict.
False
Intentional torts are both civil and criminal in nature.
False
The prohibition against arbitrary and unreasonable invasion of the right to privacy is found in the
4th Amendment
The prohibition against exclusive bails and fines can be found in the
8th Amendment
For a public figure to show defamation
Actual Malice
The constitutional prohibition of ex post facto laws?
Applies to statutory laws
The following is true of a criminal trial?
Burden of proof is beyond a reasonable doubt.
A new claim stating the plaintiff is guilty of accidental defendant damages because of allegations against him?
Counter Claim
Common law arises when?
Courts are called upon to resolve disputed for which there is no statue or other source of establishing a rule
The distinction between civil law and criminal law?
Criminal law is concerned with breaches of duty to society at large.
Illegally gained evidence cannot be used in criminal prosecution is?
Exclusionary Rule
Federal Crimes?
Have exclusive jurisdiction over patents, copyrights, and crimes defined by federal laws.
Using a person's name or likeness for commercial purpose without that person's consent is a kind of
Invasion of Privacy
The freedom of speech granted by the U.S. Constitution is an example of
Substantive Law
Cyber trespass is commonly considered a trespass on
Personal property
Federal Sentencing Guidelines
Requires that judges use a formula based on the seriousness and circumstance of the crime
Can Spam Act?
Requires that unsolicited emails include opt out instructions
Generally the rule of the appellate courts is to?
Review the proceeding in trial courts and correct legal errors by the trial judge.
Girl upset with roommate who's a slob. In a fit of rage she tries to hit him in the head but misses, he didn't see it.
She is liable neither for battery nor assault.
The adversary system is characterized by?
The idea that ultimate truth and justice will prevail, if each party to a dispute is represented by competent attorneys.
Which of the following is included in the 5th Amendment?
The prohibition against an acquitted defendant twice for the same crime.
Which of the following is not part of the Miranda warnings?
The right to confront accuser and cross examine them
The U.S. Supreme Court requires malice be proved when
public officials sue the media for false and defamatory statements
