Legal Environment Test 1

Uma wants to initiate a suit against Valley Vacation Tours by filing a complaint. The complaint should include...

A statement of the facts necessary to show Uma is entitled to relief.

Kelly files a suit against Lewis in a state court. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After its review of Kelly v. Lewis, the appellate court upholds the lower court's verdict. The appellate court has...

Affirmed the case

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

Any commercial activity in the United States

Carol files a suit against Andy in a state trial court and loses. Carol...

Can plead her case before an appellate court.

The Arizona Supreme Court rules against Jennifer in a case against Kut Rate Stores, Inc. Jennifer wants to appeal her case to the United States Supreme Court. She must ask the Court to issue a writ of...

Certiorari

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has...

Conducted substantial business with Missouri residents.

Barbra is selling her car. She knows that the brakes do no work. When a potential buyer asks Barbra if there are any problems with the car, Barbra ensure the buyer that there is 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 Barbra for ___.

Fraudulent Mispresentation

Jack and Jill, citizens of Vermont, are involved in a case related to the adoption of their child. The Vermont state courts...

Have exclusive jurisdiction over the case.

Justin wants to file a suit against Mikayla. For court to hear the case...

The court must have jurisdiction.

To initiate a lawsuit, Darla files a complaint against E-Sales Company, which responds with an answer. Togethers, the complaint and answer are...

The pleadings

During the trial phase of Fuel Corporationale suit against Gas Stations, inc, their attorneys engage in voir dire. This is...

The selection of jurors.

Jason files a suit against Maybelline. If Maybelline fails to respond, Jason...

Will be awarded the remedy sought.

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 ___

a reasonable person

In deciding questions of corporate social responsibility, Valley Disposal & Recycling, Inc., is concerned with

all of the choices

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

an unconstitutional restriction of speech

Evan is charged with a crime. Almost all federal courts and some state courts would not hold Evan liable if, at the time of the offense, a result of a mental disease or defect, Evan lacked the substantial capacity to

appreciate the wrongfulness of his conduct or obey the law

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 ___.

assault and battery

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

but goes no further than necessary to achieve its purpose

Straitway Company encourages its managers to behave ethically, reasoning that the employees will take their cues from management. One of the most important ways to create and maintain an ethical behavior workplace is for management to

demonstrate a commitment to ethical decision making

Bella owns a firm in Colorado. Doyle drives his sport utility vehicle off a highway and onto Bella's land. Doyle commits trespass if he ___

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

The Constitution sets out the authority and the limits of the branches of the government. The term Checks and Balances means that...

each brach 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 in fraudulent. To give rise to fraud, the statement must be one of ___

fact

in studying the legal environment of business, professor Dooley's students also review ethics in a business context. ethics includes the study what constitutes

fair or just behavior

Susan is unhappy with the way her mother has made out her will. Susan has a lawyer draft a new will and then signs her mother's name to it without her mother's consent. Susan has committed ___

forgery

Eden, the chief executive officer of Flo-Thru Piping Corporation, wants to ensure that Flo-Thru's activities are legal and ethical. The best course for Eden and Flo-Thru is to act in

good faith

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

hidden risks

Alan, the president of Bayside Investments, Inc, and Colin, Bayside's accountant, are with a crime, after the police search Bayside's offices. Under the exclusionary rule ___

illegally obtained evidence must be excluded from trial

Plato works for Quriky Squirters, Inc. During work hours, Plato "steals" time, space, and data on his employer's computer system to start up his own business, Rowdy Drenchers. This is ___

larceny

Ridgeline Excavation & Construction, LLC, creates an internal code of ethics. Like the codes of other firms, Ridgeline's company code is not

law

Megan, a resident of Ohio, runs a red light in Texas and hits Sarah, a Texas resident. Sarah files a suit against Megan. the statute that allows the Texas court to exercise jurisdiction over Megan is called a...

long arm statute

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

a Montana state court can exercise jurisdiction over Endurance Insurance Corporation, and out-of-state defendant, but the defendant must have...

minimum contacts with the statute

Mona offers Ned, a building inspector, $5000 to overlook the violations in her new warehouse. Ned accepts the cash and overlooks the violations. Mona is charged with the crime of bribery. The crime occurred when ___

mona offered the bribe

John is sales manager for Kleen 'N Brite Products, Inc. Compared to John's personal activities, his business activities most likely involve

more complex ethical issues

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

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

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 form Roger. Andy stays late at the office, even though he does not want to. Andy can sue Roger for ___.

no tort

Liz trespasses on Mega Corporation's property. Through the use of reasonable force, Mega's security guard Ned detains Liz until the police arrive. Mega is liable for ___.

none of the choices

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 ___.

not fraud

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

not protected by the first amendment

Gina falsely accuses Hu of stealing form Island Tours, Inc, their employer. Glen's statement is not defamatory if ___.

only Hu hears it

Any decision by the management of Fast-Food Franchise Corporation may significantly affect its

operators, owners, suppliers, the community, or society as a whole.

Maya, a police officer, wants to search the officers of Niles Corporation. Maya asks Judge Orion to issue a warrant. Under the 4th amendment, no warrants for a search or an arrest can be issued without ___

probable cause

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

protected

Lia works for Media Marketing Company. Her job includes putting "spin" on the firm's successes and failures. In this context, ethics consist of

questions of rightness and wrongness

Herb, a computer programmer for Inventory Control Corporations, is arrested in his employer's parking lot on suspension of larceny. Herb must be informed of his right to __

remain silent

Mary enters a gas station and points a gun at the clerk. She then forces the clerk to open the cash register and give her all the money. Mary can be charged with ___

robbery

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 that statute under the principles of...

the due process clause

Don, a U.S. citizen, is the owner of Egrets Unlimited, Inc. Egrets competition includes 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 interferences by...

the government only

precision engineering inc, like other corporations, is subject to laws that are broad in their purpose and their scope. compliance with these laws is not always sufficient to determine "right" behavior because

the law does not codify all ethical requirements

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

the state's police powers

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

the statement is false

Ergonomic Corporation convenes its employees for its managers to announce (1) a new company-wide ethical code of conduct, (2) an ad campaign to publicize the new code, and (3) the discharge of employees who do not adhere to the code. One of the most effective ways to set a tone of ethical behavior within a business organization is

to create an ethical code of conduct

David, the chief accounting officer of Tension Fencing Corporation, wants to be sure that all the company's accounts are legal and ethical. Sometimes, however, he is unsure exactly what is legal and what is illegal. David should

try his best to not do anything illegal and keep documentation showing that he always acts in good faith.