Business in law final

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no legally recognized injury or harm results from a given negligent act , there is nothing to compensate - in effect , no tort exists .

, True

If the evidence of a defendant's guilt was obtained improperly , it normally cannot e used against the defendant fendant's in court . .

. True

State regulation of franchising is often aimed at protecting franchisees from unfair practices .

. True

A business cannot use puffery without liability for fraudulent misrepresentation .

Falsc

. An agent can represent two principals in the same transaction , so long as neither is aware of the dual capacity .

False

. If the members of a limited liability company want t o reinvest profits in the business , they may opt for the firm to be taxed as a corporation .

False

20. A corporation can refuse to produce business records that might subject the firm to criminal prosecution .

False

23. A limited liability company is a citizen only of the state in which it was formed .

False

30. The operating agreement of a limited liability company cannot provide for the calculation of a buyout price on a member's dissociation because the event has not yet occurred .

False

6. On appeal of a court's grant or denial of a motion for summary judgment , the appellate court must defer to the trial court's ruling on the issue .

False

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

False

A partner can be held liable for a partnership obligation only he or she participated in , or knew about whatever it was that gave rise to obligation

False

A person who wrongfully sanother's good name or reputation orally may be liable for

False

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

False

An independent contractor is , by definition , an employee because the person's physical conduct is controlled , or subject to control , by the employer .

False

Both parties to an agency relationship have the power and the right to terminate the relationship at any time .

False

Embezzlement includes the making or altering of any writing in a way that changes the legal rights and liabilities of another a .

False

Even if it conflicts with the U.S. Constitution , a state constitution is supreme within that states ' borders .

False

Failing to strictly follow the procedural rules and standards for determining disputes in courts is not likely to affect the outcome in a particular case .

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

In a sole proprietorship , the owner is not the business .

False

In an agency relationship , one party called the principal agrees to represent or act for another called the agen

False

Like a sole proprietorship or a partnership , the members of a limited liability company have unlimited liability for the firm's debts .

False

Nonverbal expression of belief is not a constitutionally protected form of expression .

False

Only Congress may pass a law in conflict with the Constitution .

False

Only the United States Supreme Court exercises the power of judicial review .

False

Proximate cause exists if " but for " a wrongful act , an injury would not have occurred .

False

The Fifth Amendment allows persons to be deprived of property without due process of law .

False

The commerce clause has had no greater impact on business than any other provision in the Constitution .

False

The study of business law does not involve an ethical dimension .

False

To form a limited liability company , articles of organization must be filed with an attorney's office .

False

To maintain the quality of a product or service , a franchisor can exercise any degree of control over a franchisee's operation without risking potential liability .

False

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

False

Under the privileges and immunities clause the federal government has the power to regulate commercial activities among the states ..

False

franchise contract cannot give exclusive territorial rights to a certain geographic area to a franchisee , due to antitrust laws

False

of an ultimate finding of liability T In some jurisdictions , defendants who agree to waive formal service of process receive a reduction in the amount

False

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

False

statute is a secondary source of law .

False

to a Those who do not consumer . make goods , but only sell or lease them cannot be held liable for harms caused by those goods

False

A complaint contains a brief summary of the facts necessary to show the party filing the complaint is entitled to relief .

True

A defendant may be able to limit liability for injuries caused by a defective product by showing that a plain negligence contributed to the injuries .

True

A deposition can be used to impeach a party or witness who changes his or her testimony at trial .

True

A person will not be liable for wrongful interference if the interference results from legitimate competitive

True

A product liability claim against the manufacturer of a product that is subject to extensive government may be preempted .

True

An agency relationship can arise by ratification , which involves a determination of intent expressed by words conduct

True

Any time one party's allegedly wrongful conduct causes injury to another , an action may arise under the law of torts .

True

As in a partnership , a limited liability company may pay no taxes - profits can be passed through to the members , who pay personal taxes on the profits .

True

Corporations enjoy many of the same rights and privileges as natural persons do .

True

Courts often refer to secondary sources of law for guidance in interpreting and applying a primary source of law .

True

Crimes are offenses against society as a whole .

True

Every act of a partner concerning partnership business binds the firm .

True

Foreseeability is the test for proximate cause .

True

Holding defendants strictly liable for manufacturing defects encourages greater investment in product safety .

True

In a criminal case , the state must prove its case beyond a reasonable doubt .

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

Make Up To eliminate if the partnership dissolves . costly negotiations or litigation partners may agree on how the firm's assets will be valued or divided

True

Most crimes require an act of commission .

True

Rescission is the cancellation of a contractual obligation .

True

Speech can be subject to reasonable restrictions .

True

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

True

The Constitution of the United States is the supreme law of the land and is the predicate for all law in the United States .

True

The amount of business a corporation does within a state can serve to subject or exempt the firm from that state's jurisdiction .

True

The doctrines and principles announced in court decisions govern all areas not covered by statutory administrative law .

True

The greater the employer's control over the work , the more likely it is that the worker is an employee .

True

The proprietor pays only personal income taxes on a sole proprietorship's profits .

True

The system of checks and balances in the U.S. Constitution allows each branch of government to limit the actions of the other branches .

True

Voir dire refers to the jury selection process .

True

When a member of a limited liability company guarantees payment of a loan to the firm , the member is personally liable for the obligation .

True

federal court will apply federal law in a case involving a federal question .

True

first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights

True

lost profits or sales . A principal who creates an exclusive agency and then competes with the agent can be held liable for the agent's

True

mistake of fact can often excuse criminal responsibility .

True

motion to dismiss asserts that a claim has no basis- a law .

True

strict liability . A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for

True

that they learn during the trial . information Jurors must decide a case based only on the

True

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

True :


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