GBS Midterm Exam Practice
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 negligence principles, Frank would recover
$400,000.
Persons who favor the creation of a National Biotech Agency to regulate the production of genetically altered agricultural products should concentrate their lobbying efforts on
Congress.
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 Dufy on a negligence theory because
Duffy was not injured
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 law that has any impact on religion is unconstitutional.
False
A restriction on commercial speech is valid as long as it forbids only the expression of views on controversial issues.
False
The Fifth Amendment prohibits unreasonable searches and seizures of persons or property.
False
The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.
False
Under the Constitution, the judicial branch is responsible for foreign affairs.
False
Justin is charged with a crime. He insists that he should have an opportunity to object to the charges before a "fair, neutral decision maker." No one can be deprived of "life, liberty, or property without due process of law" under the
Fifth Amendment.
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
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
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 First Amendment protects corporate political speech.
True
Under the Constitution, the judicial branch interprets the laws.
True
Sly includes in his song "Sneaky" a few seconds of Wily's copyrighted sound recording "Wits" without permission. Some federal courts have found that such digital sampling is
a "fair use" exception to the provisions of the act. not a "fair use" exception to the provisions of the act. a violation of copyright law.
Wendy works as a weather announcer for a TV station under the character name Weather Wendy. Wendy can register her name as a
a service mark.
Beachside City enacts an ordinance that bans the distribu-tion 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
an unconstitutional restriction of speech.
Qang and other foreign citizens allege human rights violations committed overseas by the government of Burma on behalf of Railway Construction Company, a U.S. firm. To seek redress for their injuries in a U.S. court, these citizens can
bring civil suits under the Alien Tort Claims Act.
In its ads for athletic shoes, Sleek Feet LLC uses a trademark that is similar, but not identical, to the famous, registered mark of Trend Flash, Ltd. Sleek Feet's unauthorized use of the mark constitutes trademark dilution, provided that
consumers are confused.
Global Reach Corporation uses invisible files created on the computers, smartphones, and other mobile devices of visitors to its Web sites to track the users' browsing activities. These files are
cookies.
MeatMen, Inc. spends a great deal of money and effort to ensure that all employees are safe on the job, that all products are safe for consumers, and that the environmental impact of the corporation is minimal. MeatMen appears to strongly believe in the concept of
corporate social responsibility.
Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. Over this case, the Vermont state courts have
exclusive jurisdiction.
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
fact.
Mikkala is a well-known professional athlete. Mikkala Co. owns trademarks, including "mikkala," that it uses to sell merchandise. Norm owns photos of Mikkala that he markets through his Web site, mikkalapics.com. Under the principles discussed in "A Sample Court Case," Experience Hendrix, L.L.C. v. Hendrixlicensing.com Ltd., Norm's domain name most likely
infringes the "mikkala" mark
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
interstate commerce.
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
invasion of privacy.
Gas Up, Inc., designs, makes, and sells a fuel injection system that copies Hybrid Corporation's design without Hybrid's permis-sion. This is most likely
patent infringement
Soleful Shoes, Inc. owns property in Somalia. The Somalian government seizes the property. In order for the seizure to be considered an expropriation and not a confiscation, the Somalian government must
pay just compensation to Soleful Shoes.
Vance points a gun at Workman and threatens to shoot him. Workman hits Vance, causing his death. Charged with homicide, Workman can successfully claim as a defense
self-defense.
Owen is a federal judge whose judicial decisions are part of case law, which does not include interpretations of
sound bites in the media.
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
symbolic speech.
Metallic Metals, Inc., a U.S. firm, files a suit against a Venezuela government agency. The agency has committed a tort in the United States. Under the Foreign Sovereign Immunities Act
the Venezuelan government agency is not immune from the jurisdiction of the U.S. courts.
Sudan seizes the assets of Triage Medical, Inc., a U.S. firm. Triage's recovery from Sudan in a U.S. court may be prevented by
the act of state doctrine.
At a meeting of employees, Fuel Injection Design & Manufacturing, Inc.'s managers announce the creation of a new company-wide code of ethical conduct and the initiation of an ad campaign to publicize the new code. They also say that any employees who do not adhere to the code will be discharged. The effectiveness of this code will be determined by
the commitment of company leadership to enforcing the code.
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
the supremacy clause.
The idea for "On Your Mark," a computer game featuring world-class athletic competition in extreme and unique contests, is protected by
trade secrets law.
The commerce clause of the U.S. Constitution is found in
Article I, Section 8.
Which of the following does not necessarily make material obscene?
The work shows animals mating.
April and other employees of Bodegas & Bistros Inc. (2B) maintain a password-protected social media page to "vent about work." When 2B learns of the page, the company intimidates April into revealing the password, and after reviewing the posts, fires her and the other participants. Most likely, this is
a violation of the Stored Communications Act.
Antonin, a federal judge, retires. The vacant position will be filled by a judge
appointed by the President.
In reviewing the actions of the U.S. Office of Nuclear Energy and other agencies, the courts
are usually reluctant to review questions of fact.
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
both petition the government and assemble peaceably.
In 2015, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid if it directly advances a substantial government interest
but goes no further than necessary to achieve its purpose.
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
constitutional under the First Amendment.
As a judge, Bonnie applies common law rules. These rules develop from
court decisions.
Omni Corporation provides cell phones, laptops, and tablets for its employees to use "in the ordinary course of its business." Omni intercepts the employees' business communications made on these devices. This is
excluded from the coverage of the Electronic Communications Privacy Act.
Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties' citizenship could serve as a basis for
federal jurisdiction.
Bruno is a businessperson with investments in legal and illegal operations. Bruno may be subject to penalties under RICO
for the commission of any business fraud.
The Regulatory Flexibility Act has helped reduce record-keeping burdens for Hometown Gas Company and other small business firms in the area of
hazardous waste management.
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.
Patricia commits an act via e-mail against Othman Finance Company, a business in California, where the act is a cyber crime. Patricia resides in New York where the act is not a crime. Prosecution of Patricia in California involves questions of
jurisdiction.
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
less extensive protection than noncommercial speech.
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
makes the laws.
Smitty, driving while intoxicated, causes a car accident that results in the death of Tiffany. Smitty is arrested and charged with a felony. A felony is a crime punishable by death or imprisonment for
more than one year.
Margaret is the top manager of Pecans, Inc. She sets strict ethical standards for all employees. Margaret, however, often takes some of the company's best nuts and sells them from her house. The ethical tone at Pecans, Inc. is
not likely to be good because although Margaret sets strict ethical standards for the other employees, she does not follow them.
A common ethical dilemma faced by the management of Spencer Hydraulics Corporation involves the effect that its decision will have on
one group as opposed to another.
Transnational Corporation and United Shipping, Inc., 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.
Marie claims that a Nebraska state statute infringes on her "procedural due process" rights. This claim focuses on
procedures used in making decisions to take life, liberty, or property.
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
publish a notice of the proposed rulemaking.
Beck seeks information about Donatello and other well-known businesspersons under the Freedom of Information Act. To obtain the information, Beck must
reasonably describe the information.
The Texas Supreme Court decides the case of Livewire Co. v. Power Corp. Of nine justices, five believe the judgment should be in Livewire's fa-vor. Justice Bellamy, one of the five, writes a separate opinion. The four justices who believe the judgment should be in Power's favor join in a third separate opinion.
reporters.
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
substantive due process.
Paula develops a new espresso machine that she names "Sure Shot." She also writes an operating manual for the machine. Paula can obtain trademark protection for
the name "Sure Shot."
To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Together, the complaint and answer are
the pleadings.
Michael, a citizen of Ireland, and Nina, a citizen of the United States, enter into a contract. When Nina breaches the contract, Michael obtains an award of damages in an Irish court. He asks a U.S. court to enforce the award. The U.S. court defers to and enforces the Irish court's decree. This is
the principle of comity.
Jackie distributes a handbill throughout her neighborhood accusing her neighbor Ked of being a convicted sex offender. The statement is defamatory if
the statement is false.
OntheWeb Company is an Internet service provider. OntheWeb's customer Phoebe commits copyright infringement. OntheWeb is not liable for Phoebe's activity
unless OntheWeb is aware of Phoebe's violation.
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
unreasonable searches only.
PriceLess Retail Corporation specifies that its employees should not use social media to damage the company, harm another person's reputation, or violate company policies. An employee who violates these rules may be subject to discipline and could be fired. According to the National Labor Relations Board, this social media policy
violates federal labor law.
To resolve a dispute, Amy in Boston and Chris in Denver utilize E-Solution, an online dispute resolution (ODR) service. This limits these parties' recourse to the courts
not at all.
