legal environment of business final

A business firm has a duty to exercise reasonable care to protect its business invitees

true

A defendants 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 aquires a secondary meaning

true

A false statement about a persons business can give rise to liability for defamation

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 based on a suspect trait will not stand under the equal protection clause even if it is necessary to promote a compelling government interest.

true

A license may limit the use of a software application to a specific device

true

A mistake of fact can offer an excuse criminal responsibility

true

A motion for summary judgment can assert the plaintiff failed to state a claim for which the court can grant relief

true

A patent applicant must demonstrate that an invention is useful to receive a patent

true

A person who access a computer online without authority to obtain protected data is subject to criminal prosecution

true

A product will be considered effective when the omission of reasonable warnings renders the product not reasonably safe

true

A question of law is generally the focus of an appellate court.

true

A trade name is used to indicate all our part of a business's name

true

An illegal acts committed by business using nonviolent means to obtain a business advantage is a white collar crime

true

An online retailer contract I use with activities with cookies without violating the persons right to privacy

true

As part of the IDDR approach as described in the text, it is important to list many possible actions and analyze them using several different ethical theories.

true

Before a lawsuit is initiated, a plaintiff should consider whether the defendant is able to pay the damages sought.

true

Company codes of conduct outline company policies on particular issues and how employees are expected to act.

true

Congress or a state legislator establishes an administrative agency to perform a specific function

true

Controlling presidents are binding authorities

true

Digital sampling constitute copyright infringement

true

Each member country of the TRIPS agreement must include in its domestic laws broad intellectual property rights and effective remedies for violations.

true

Federal guidelines allow company to disclose material information about south or social media as long as investors are notified in advance

true

In a response to an allegation of a defendant's negligence, the defendant's assertion of the plaintiff's negligence is an affirmative defense.

true

In deciding a claim of design defect, a court can consider the relative advantages and disadvantages of an alternative design for a product.

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

Intentional physical contact with another is not a battery unless the contact is unexcused harmful or offensive

true

Many states require the sender of an email ad to tell recipients how to opt out of receiving future email ads from the sender

true

Often more than one rule of law will be applicable to a case

true

Only if a state legislature adopts a uniform law does that law become a part of the statutory law of the state

true

Phishing is a distinct form of identity theft and cyber fraud.

true

Picking a jury an important aspect of litigation strategy

true

Preemption occurs when congress chooses to act exclusively on the subject over which the federal government shares power with the states

true

Some business processes can be protected as trade secrets.

true

State law may protect individuals from having to disclose their social media passwords to potential employers

true

That a favorable court decision will be likely to remedy an injury is an element of standing.

true

The Sarbanes Oxley act was enacted to reduce the number of unethical business decisions by requiring the accountability a publicly traded companies

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 basis of a civil law system is a written code of laws

true

The doctrine's in principles announced in court decisions govern all areas not covered by statutory or administrative law

true

The effect of the minimum contact standard is that a business firm has to comply with the laws of any jurisdiction in which it targets customers

true

The elements of an action in strict product liability include that a plaintiff must have incurred harm by the use or consumption of a product

true

The federal trade commission can effectively force a private company to consent to the agencies review of the companies privacy and data practices

true

The first 10 amendments to the US Constitution are commonly known as the Bill of Rights

true

The first step in making an ethical decision is to understand the problem

true

The fourth amendment protects only against searches that violate a persons reasonable expectation of privacy

true

The need to protect intellectual property is recognized in the US Constitution

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 someone suffers injury because of another's failure to live up to require duty of care negligence occurs

true

a constitution is a primary source of law

true

a corporations compliance with the laws of any jurisdiction which it does business it's complicated by the fact that those laws can be very different

true

a economically injurious falsehood about a businesses product can support a tort action for disparagement of property

true

a law that limits a fundamental right may be held to violate substantive due process

true

a local ordinance commonly has to do with a matter concerning only a local governing unit

true

an Internet service provider that terminates subscribers who infringe copyrights can qualify for a safe harbor under the digital millennium copyright act

true

an act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable

true

because the courts have defined interstate commerce broadly arbitration agreements only slightly connected to interstate commerce may be i enforced

true

because the internet is international in scope, it raises international jurisdictional issues

true

corporate social responsibility links the responsibility of citizenship with a strategy and key principles of a business

true

duty based ethics is based on the idea that every business has certain duties to others

true

emotion to dismiss asserts that a claim has no basis in law

true

ethics is a branch philosophy that focuses on morality

true

every criminal statute prohibit certain behavior

true

in a product liability suit based on negligence, the plaintiff must show that the defendants conduct was the "cause in fact" of an injury

true

intellectual property is property resulting from intellectual creative processes

true

juries must decide a case based only on the information that they learned during the trial

true

liability for injuries based on proportionate negligence is allowed by most states

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

most crimes require an act of commission

true

outcome based ethics determines what is ethical by looking at the potential benefits and harms of a given action

true

parties to international business transaction should include certain clauses including arbitration clause is in the contract to avoid added complexity in related legal proceedings

true

sanctions for spoilation of E evidence can include the entire cost for restorative recovery efforts

true

state regulatory powers are often referred to as police powers.

true

taking personal property from its owner without permission or just cause is trespass-retaining it is conversion

true

to obtain copyright protection under federal law a work must be original

true

under the federal wall protecting trademarks bad faith intent is one element of a claim of illegal cyber squatting

true

using another's trademark as a meta tag may be permissible

true

when making ethical decisions A business should evaluate the financial implications

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

A business cannot use puffery without liability for fraudulent misrepresentation

false

A choice of law clause permits a party to choose which nations law to apply to a dispute arising under an international contract

false

A citation is a regulation enacted by a city or county legislative body.

false

A court should overturn it's precendents unless there is a compelling reason not to

false

A courts review of an arbitrator's decision is the same in scope as an appellet courts review of a trial courts decision

false

A default judgment is a judgment entered by a court in a case in which neither party prevails

false

A false statement made with actual malice can constitute defamation unless the statement is about a public figure

false

A federal statute applies only to those states that agree to apply it within their borders

false

A manufacturer does not need to inspect and test any purchased components used in the final product to avoid product liability.

false

A person who enters into a risky situation knowing the risk involved can nevertheless recover for a resulting injury of harm for reasons of public policy

false

A person who was injured by defective product can bring a negligence suit only if here she was the one who purchased the product

false

A person who wrongfully hurts another's good name or reputation orally maybe liable for Libel

false

A product made and conformed you with the manufacture designs specifications is not considered defective regardless of a flaw in the design

false

A request for admission can lengthen a trial because the parties have to take the time to approve facts on which they may already agree

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 state may not restrict certain kinds of advertising, even in the interest of preventing consumers from being misled.

false

A state's prosecution of a crime prevents a separate federal prosecution relating to the same activity.

false

A statute is a secondary source of law

false

After a patent is issued, there is a nine-month limit before it can be challenged.

false

All courts use the same test for legal insanity.

false

An act of omission cannot be a crime.

false

An unusual or fanciful trade name is not protected under trademark law.

false

Any court can exercise jurisdiction over any person.

false

Any party who gives information to the federal trade commission concerning possible deceptive conduct in a foreign jurisdiction is immune from liability

false

Anyone can circumvent encryption software or other technological anti-piracy protection without penalty

false

Award of grossly excessive punitive damages is normally available in a suit involving gross negligence

false

Because the Internet is international in scope no party to an online dispute resolution proceeding can appeal to occur at any time

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

Certain business processes are copyrightable.

false

Congress does not pass laws based on ethics

false

Crimes are sometimes prosecuted by crime victims rather than by a public official.

false

Cybersquatting is legal when the person offering for sale of a domain name that is the same of another's trademark intends to profit from the sale

false

Discovery the process of serving a summons in a copy of a complaint on a defendant

false

Embezzlement includes the making or altering of any riding in a way that changes the legal rights in abilities of another

false

Employers are prohibited from taking actions against employees or applicants based on their social network postings.

false

Even if it conflicts with the US Constitution a state constitution is supreme within that states borders

false

False imprisonment occurs only when a person justifiably restrained another

false

If a product was delivered in a safe condition and subsequent mishandling made it harmful to the user the seller is usually strictly liable

false

If a restriction Imposed on speech by the government is Content neutral than a court will not allow it

false

In a criminal case the object is to obtain a remedy

false

In most states, a merchant can use undue force to detain a person suspected of shoplifting without liability for false imprisonment.

false

In some jurisdictions defendant to agree to wave formal service of process receive a reduction in the amount of an ultimate finding of liability

false

Intentional deceit for personal gain may be unethical but it does not give rise to liability for fraud

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

Judicial reviews the process through which Congress approves or rejects judicial appointments

false

Larceny involves force or fear, but robbery does not.

false

Liability is imposed on a manufacturer for a manufacturing defect only when the manufacturer's quality control efforts were "reasonable."

false

Misconduct by the participants in a trial can cause the judge to grant a motion for a new trial

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

On appeal of a courts grant or denial of a motion for summary judgment the appellate court must degree to the trials courts ruling on the issue

false

Once a company has investigated any foreign suppliers it is unnecessary to continue to monitor those suppliers

false

Once a law is passed to coda find ethical requirement the ethical aspect of the action is no longer important

false

Once a manufacturer's trademark is established, another manufacturer may use it without permission.

false

One of the purposes of criminal law is to compensate the victims

false

Online conduct gives rise to only a narrow variety of legal actions

false

Only big businesses face potential liability for the products they sell

false

Privacy rights receive no protection under federal law

false

Service marks are not protected in the same way as trademarks

false

Study of business law does not involve an ethical dimension

false

Tapping into a competitors computer to obtain confidential business data is not a theft of trade secrets

false

Testimony by a party in court in support of a statement made by someone else who testified is referred to as gainsay evidence.

false

The European Unions copyright rules limit the royalty protection for musicians to 10 years

false

The attempt to influence a public official to act in a way that serves a private interest is no crime

false

The federal courts are an independent system of courts superior to the state courts

false

The fifth amendment allows Persons to be deprived of property without due process of law

false

The law does not prohibit the creation or shipment of counterfeit labels unless they are attached to products

false

The manufacturer of a product may incur liability when a defect causes injury to a user but not when the defect fact causes property damage to a bystander

false

The registration of a copyright is not evidence that the copyright is valid

false

The rights secured by the bill of rights are absolute

false

The term moral minimum is best defined as the highest degree of ethical behavior expected of a firm

false

The u.s. constitution divides power among the four branches of government

false

The uncertainties of The litigation process our lesson by the fact that any judgment will be enforceable

false

There are no international conventions or treaties to assist in the enforcement of arbitration clause is because their enforcement is a national domain

false

There is one right answer to every legal question

false

To maintain a claim of trademark dilution the products involve must be similar

false

To meet the standard of proof of preponderance of the evidence, a party must prove its case beyond a reasonable doubt.

false

Under the communications decency act Internet service providers are liable as publishers of defamatory statements that come from a third-party

false

Under the first amendment every US citizen has a right to be forgotten with respect to outdated personal information otherwise searchable online

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

Warrants are required for searches of businesses in highly regulated industries.

false

a dependent cannot be liable in an intentional tort action if he or she did not intend cause harm to the plaintiff

false

a social media post is not subject to discovery in litigation

false

a statute that prohibits theft by means of false pretenses usually applies only to goods, not services or cash

false

administrative law plays a relatively insignificant role in the regulatory environment of business

false

an appellate court will not challenge a trial courts findings of fact even if the findings is clearly erroneous

false

an employer can use his or her power and control to engage in an international pattern of outrageous abuse against an employee without potential tort liability

false

an over emphasis on the long run profit maximization is a common reason for ethical problems that occur in business

false

an unauthorized reproduction must be exactly the same as the original and reproduce the original and its entirety for infringement of copyright to occur

false

courts will not grant an equitable remedy unless the remedy at law is adequate

false

doing business within a jurisdiction is not enough for most courts to compel a defendant to appear.

false

federal law permits the sending of unsolicited commercial email to randomly generated email addresses

false

for cause in fact to become a relevant issue in a product liability suit, a plaintiff must first establish proximate cause

false

if an appellate court affirms a jury's findings on one issue the court cannot remand the case for further proceedings on another issue

false

in a criminal case the defendant must convince the court that based on the evidence it is more likely than not that the dependent is not guilty

false

in a criminal case typically only 3/4 of the jersey to agree in order to convict the defendant

false

in a successful tort suit, and individual is awarded compensatory damages to him or her in a better position than the party who commuted the tort.

false

in the American governmental system applying the laws to specific situations is the essential role of Congress

false

independent regulatory agencies are not subject to the authority of the president

false

information that cannot be patented copyrighted or trademark cannot be protected as a trade secret

false

it is not a crime to use income obtained from racketeering activity to buy an interest in a legitimate enterprise as long as the deal is otherwise legal.

false

making ethical decisions is most often best done by analyzing objective standards instead of subjective impacts on stakeholders

false

rationalization is the process of making a logical decision based on evidence and an analysis of the ethical dimensions of the decision

false

state governments do not have any authority to regulate interstate commerce

false

the commerce clause has never been held to support the federal regulation of noncommercial activities that take place wholly within the states borders

false

the free exercise clause prohibits the government from passing laws that have any impact on religion

false

the united states can prosecute foreign counterfeiters under u.s. law.

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

to gain a share of a market a business person can interfere in another business even if the behavior is predatory

false

to use arbitration as a method of disputed resolution, the parties must agree to arbitrate any dispute before it arises

false

trademark delusion can occur online

false

when profit maximization is the goal, a company does not benefit from ethical behavior

false

with a motion to strike a party ass a court for permission to delay the start of a trial and protest of certain aspects or conditions of the plan of litigation

false

In posting statements or photos to a social media site, a person clearly has a reasonable expectation of privacy.

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