Business Law

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In 1835, French aristocrat Alexis de Tocqueville observed that in the United States most political questions become lawsuits.

True

International law applies to states, international organizations, businesses, and individuals across borders.

True

Eloise plans to build an addition on her house that she will operate as a bed and breakfast. The town rejects her plans, on the grounds that she must first obtain an expensive commercial building permit. Eloise argues that she is just modifying her own residence that she owned the residence before the commercial permit legislation was passed, and therefore does not need the expensive permit. At the court hearing on her case, the town mayor serves as judge. This is:

a violation of procedural due process requirement Procedural due process entitles Eloise to a neutral fact finder at her hearing. Because building permits constitute a percentage of the town's budget, the mayor has a financial interest in the outcome of the case and cannot be considered neutral. This is a violation of procedural due process requirements.

If the facts at trial weigh heavily in favor of one side in a case it may be appropriate for the judge to

grant a motion for a directed verdict A directed verdict is a ruling that the plaintiff has entirely failed to prove some aspect of her case. It is permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it. If reasonable minds could disagree, the motion must be denied. Summary judgment is a similar motion, but it occurs after discovery and before trial.

Once Congress passes a bill it

is sent to the president to sign or veto

Article 1, section 8 is a critically important part of the Constitution because

it lists the type of statutes the congress is allowed to pass Article 1, section 8 lists the 18 types of statutes that Congress is allowed to pass, such as imposing taxes, declaring war, and coining money. The section gives Congress great power, but it also puts a limit on that power by not giving Congress blanket authority to pass laws on any subject it chooses.

An advantage of the predictability of common law is

it makes the law knowable, and allows people to plan accordingly A desire for predictability created the doctrine of stare decisis. People must know what the law is, so they can plan accordingly. People need to know what the law permits and what the law forbids. This, in turn, nurtures a uniform set of expectations throughout the community or the nation.

Which of the following are attributes that contribute least to happiness?

money food

Which of the following are three areas of law in which common law still predominates?

contract law agency law tort law

During their opening statements lawyers speak directly to the jury and summarize the proof he or she expects to offer during the trial.

The ICJ is comprised of 15 elected judges from 15 countries representing the world's principal legal systems .

A treaty is

A treaty is an international agreement governed by international law; in the US, the president has the power to make treaties.

A convention is a treaty on a specific issue that affects all the participants. b. A treaty is said to be adopted when those who have drafted it agree that it is in final form. c. A multilateral treaty involves three or more countries. d. A treaty is ratified when a nation indicates its intent to be bound by it. e. A bilateral treaty is between two countries - similar to a contract between states. f. To take effect in the US, treaties must be approved by at least two-thirds of the United States Senate. g. A treaty enters into force when it becomes legally binding on its signatories.

A defendant can be convicted of taking part in a conspiracy if: 1. a conspiracy existed and 2. some member of the conspiracy voluntarily took a step toward implementing it and 3. the defendants knew about the conspiracy .

A major distinction between common law and civil law is the role the judge plays in a dispute. In common law, the judge is impartial , weighs heavily the oral arguments of lawyers, and the judge bases his decision on the doctrine of stare decisis . Under civil law, the judge acts as interrogator and investigator , weighs heavily the written submissions from lawyers, and the judge bases his decision on codes and statutes .

A plaintiff may start a lawsuit only in a court that has both subject matter and personal jurisdiction over that kind of case.

A warrant will be issued only if there is probably cause. Probable cause means that, based on all the information presented, it is likely that evidence of a crime will be found in the place to be searched .

All federal court judges are nominated by The President of the United States and confirmed by The Senate . Once confirmed, federal judges serve life in good behavior .

At trial, judges look to see if, at the time of the alleged crime, the corporation had a(n) compliance program in place. If so, it could result in a major reduction in any potential fine.

Congress is organized into two houses, the House of Representatives and the Senate .

Fill in the blanks with the word(s) that best complete the statement. Criminal law is a balancing act, between making society safe and protecting us all from false accusations and unfair punishment.

In Palmore v. Sidoti,the state had refused to give child custody to a mother because her new spouse was racially different from the child. The practice was declared unconstitutional. The state had made a classification based on race, which is presumed invalid, and the government had no compelling need to make such a ruling.

In a criminal case, when the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime.

Many of the protections for those accused of a crime are found in the Bill of Rights.

Only the government can prosecute a crime and punish a defendant by sending her to prison.

RICO is one of the most powerful and controversial statutes ever written.

Statute-based legal systems appeal to countries whose political systems demand strong central authority rather than a focus on individual rights.

Supreme Court is the highest court in the country. The Court is comprised of nine justices: one justice is the chief justice and the rest are associate justices.

The party that loses at the trial court generally is entitled to to be heard at the intermediate court of appeals. The party filing the appeal is the appellant. The party opposing the appeal is the appellee.

The party with the burden of proof puts on their case first at trial.

The process of selecting a jury is called voir dire, which means to speak the truth. Each lawyer may make a(n) unlimited number of challenge for cause, claiming that a juror has demonstrated probable bias, and a(n) limited number of peremptory challenges, entitling him to excuse that juror for virtually any reason, which need not be stated in court.

Today, courts recognize a custom as binding international law if: 1. Nations follow it out of a sense of obligation to each other 2. It is widespread and widely-accepted and 3. It is longstanding .

U.S. District Courts are the primary trial courts in the federal system.

Under the Foreign Corrupt Practices Act, once you have been granted a visa, it is legal to pay a government official to process it faster.

Under the exclusionary rule any evidence the government acquires illegally may not be used at trial.

When a lawyer asks questions of her own witness at trial it is direct examination . When a lawyer asks questions of an opposing witness at trial it is cross examination .

When there is no plea bargain the case must go to trial.

he defendant bears the burden of proving by a preponderance of the evidence that the defendant acted under duress, that is, that the defendant was forced to commit a crime.

judicial activism refers to the Court's willingness to become involved in major issues and to decide cases on constitutional grounds. judicial restraint is the opposite: an attitude that courts should leave lawmaking to legislators and nullify a law only when it unquestionably violates the Constitution.

juries and judges, determine the facts(s) of a particular dispute. Judges apply the law(s) provided by earlier appellate court(s) decisions.

The adversarial system presumes that by putting a witness on the stand and letting both lawyers question him, the truth will emerge.

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Curious to see its worth, Irene takes a beautiful oil painting that she inherited from her grandmother to Eleanor, a respected art appraiser. Eleanor tells Irene the artwork is a worthless piece of junk, so Irene sells the painting to Aziz at a yard sale for $50. The following week, Irene finds out that Aziz sold the painting for $12 million dollars at auction, after an appraiser at the auction house determined it is the work of a famous painter named Thomas Gainsborough. Furious, Irene sues Eleanor. What result?

. Eleanor will be liable if Irene can prove that all appraisers would recognize the painting as being valuable. A professional has a heightened standard of care, so to avoid liability Eleanor must have acted as a reasonable art appraiser would act. If Irene can prove that a reasonable art appraiser would have been able to identify the painter then Eleanor will be liable. Irene does not have to prove that every art appraiser could identify the painter but if she did, it would certainly demonstrate Eleanor's liability.

Economist David Ricardo argued that citizens of the world will benefit overall if each country:

. Produces whatever goods it can make most efficiently and then trades them for goods that other countries make more efficiently.

The Five permanent members of the UN Security Council are

1. The United States 2. China 3. France 4. Russia 5. United Kingdom

How many countries are members of the United Nations?

193

Roughly what percent of the world is governed by legal systems very different from our own?

Customs duties

A tax imposed on bananas when they enter the country.,

Federalism

A double-layered system of government, with the national government and state governments each exercise important but limited powers.,

Misdemeanor

A less serious crime, usually punishable by a year or less in a county jail.

A new British law requires British police officers to say the following when placing a suspect under arrest: "You do not have to say anything. A record will be made of anything you say and it may be presented as evidence if you are brought to trial." What additional information does a police officer in the United States have to give suspects at the time of an arrest?

A police officer must tell the suspect that he has the right to a lawyer. Under Miranda, police in the United States must inform a suspect that is taken into custody of his constitutional right to avoid self-incrimination by warning the suspect that (1) he has the right to remain silent (2) any statement he makes may be used as evidence against him and (3) he has the right to have an attorney (ether retained or appointed) present. The British law in this question does not require police officers to inform suspects of their right to a lawyer.

Non-tariff barriers

A quota on the amount of corn that can be imported.,

Felony

A serious crime for which the defendant can be sentenced to one year or more in prison.,

Raquel is speeding in her car through a busy town center when she veers off the road to avoid a cat and plows into a small newspaper stand. The stand flies into the air and smashes through the glass windows of a nearby yoga studio, where it startles Adam, a yoga student, and sends him flying into a set of lighted candles. As a result, Adam suffers a serious burn. Adam sues Raquel. What result?

Adam will lose because Raquel's conduct was not the proximate cause of his injury. Adam will not win because Raquel's conduct was not the proximate cause of his injury. For Raquel to be liable, the type of harm has to be reasonably foreseeable, and Adam's injury is too unusual. It is not foreseeable that hitting a newspaper stand would cause someone to fall into lighted candles, so Raquel is not liable even though her negligence was the factual cause of Adam's bizarre injury. Speeding is extremely dangerous, but courts do not consider it an ultrahazardous activity worthy of strict liability.

Affirm

Allows the trial court decision to stand.,

Amanda is an American who just started working for a Spanish company at its office in Madrid, Spain. On her third day at work, she is appalled to hear her boss explain to a colleague why he would never promote a woman to the level of vice president. Amanda knows that in the United States this kind of discrimination is barred by the Civil Rights Act of 1964. Does this statute apply to Amanda in Spain?

Amanda will not be able to rely on the statute unless the statute explicitly states that it can be used outside the U.S. Extraterritoriality is the power of one country to impose its laws in another country. U.S. statutes do not apply outside the country unless they explicitly state that they do. The Supreme Court has said, "United States law governs domestically but it does not rule the world.

In our nation's history there are several examples of presidents sending troops abroad without consulting Congress. For example, President Woodrow Wilson sent troops to Mexico without Congressional approval, and later President Harry Truman sent troops to Korea without consulting Congress. Why were these actions controversial?

Because only Congress has the power to declare war. The president conducts the nation's foreign affairs, and is the commander in chief of the armed forces, meaning he is the head of the military. However, only Congress may declare war. A continuing tension between the president and Congress has resulted from the president's use of troops overseas without a formal declaration of war.

Legal Realism

Argues that lawmakers cannot overcome personal bias.,

Fifth Amendment

Bars the government from forcing any person to provide evidence against himself.,

Jasper is indicted for larceny by the grand jury but then found not guilty at trial. Why is this possible?

Because it is relatively easy for prosecutors to obtain an indictment. If the grand jury determines that there is probable cause that the defendant committed the crime with which he is charged, an indictment is issued. The grand jury never hears the defendant's evidence, so it is relatively easy for prosecutors to obtain an indictment. The preponderance of the evidence standard is used in civil cases, not for an indictment or to render a verdict in a criminal trial.

Violent Violet, the main suspect in a brutal double homicide, is arrested and brought to the police station. Once there, Violet refuses to speak to the police. A team of officers interrogates her, keeping her awake for three straight days and refusing to give her any food. Eventually she confesses to the double homicide. At trial, the judge rules that Violet's confession is inadmissible. Why?

Because the police coerced violet's confession After the police read a suspect her Miranda warnings, anything the suspect says voluntarily to police is admissible at trial. However, police are not allowed to use physical force or psychological coercion to obtain a confession. Under the exclusionary rule, any confession obtained in this manner will be inadmissible at trial. Depriving Violet of food and sleep for several days would be considered coercion

Miranda v. Arizona

Began a major reappraisal of the state's police powers, and the rights of criminal suspects

Powers drove a truck that his employer leased from Big Trucks. After Big repeatedly failed to respond to Powers' requests to fix the strap used to close the truck's rear door, Powers replaced the strap with a nylon rope. Later, this nylon rope broke, causing Powers to fall and break his back. When Powers sued Big, what was the result?

Big is liable because it knew about problem with the strap and did not fix it. Assumption of the risk does not apply because Big was informed of the situation and failed to take appropriate corrective measures. The best answer is that Big is liable because Big was informed of the problem and failed to take corrective measures.

In what way do "we the people" have control over statutes?

By electing the politicians who pass statutes We elect the legislators who pass state statutes and we vote for the senators and representatives who create federal statutes.

Mark's state legislature passed a law that requires restaurant employees to receive four hours of first aid training that must include instruction on the Heimlich maneuver, and also requires that employees take reasonable efforts to provide assistance to any customers who experience a health emergency at a restaurant. Mark, a restaurant server, received the required training but did nothing to help a customer who choked on his food at Mark's restaurant. When Mark is charged with violating the statute, he argues that he did not believe that choking qualified as a health emergency. How will the court interpreting the meaning of "health emergency" in this statute?

By using to the plain meaning rule, because "health emergency" has an ordinary meaning to the general population. When a statute's words have ordinary, everyday significance, the court will simply apply those words. "Health emergency" has a commonsense meaning that includes a situation in which a person is choking and cannot breathe.

FloraForum is a website for users to trade tips about gardening equipment, flowers, plants, and garden design. Casper is an active contributor to the FloraForum discussions and is very hurt when he sees that two users have criticized the pictures he has posted of his garden. One fellow user stated she "wouldn't be surprised if he were violating his local homeowner ordinances" with his "revolting hedges." Casper is humiliated and sues FloraForum and the two other users who wrote the posts. What result?

Casper will not recover against FloraForum or against the two other users. Casper will be unable to recover against FloraForum or the two other users. FloraForum is protected by the Communications Decency Act, which does not impose liability on websites for user-generated content. The cruel posts are protected by the First Amendment. Although what the two users have said about Casper's garden is unfriendly, it is merely their opinion and is protected speech.

Modify ,

Changes some aspect of the trial court's decision.

Lucia is very interested in buying Charlotte's apartment and has toured it several times. She pays Charlotte $5,000 to hold the offer open (that is, not to sell the apartment to anyone else) for three days, so that Lucia can think it over. The next day, Lucia's realtor, Antonio, shows her an apartment that she prefers. Lucia buys it on the spot. Charlotte sues Antonio for tortious interference with a contract. What result?

Charlotte loses, because she did not have a contract with Lucia for the sale of the apartment. Charlotte and Lucia did not have a contract for the sale of the contract (only to hold the offer open), so Antonio cannot be found liable for tortious interference with a contract. Antonio did not act improperly, he simply showed Lucia a property she preferred. Antonio did not interfere with Charlotte's agreement with Lucia, because Lucia never indicated that she would buy the apartment. Charlotte can still sell it to someone else when the three day period is over and she can keep the $5,000 Lucia paid her. Furthermore, Lucia can still buy Charlotte's apartment if she wants it, Antonio has not prevented her from buying it.

During the course of ten months, Joseph sent more than 60 million unsolicited e-mail advertisements to AOL members. What statute has Joseph potentially violated?

Controlling the Assault of Non-Solicited Pornography and Marketing Act. Spam (unsolicited commercial email) is regulated by the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM). The statute does not prohibit spam, but does impose certain requirements on all spam email, such as the need to offer an opt-out system and clearly indicate that the email is an advertisement. If Joseph did not meet all of the CAN-SPAM requirements, he has violated the statute, unless he obtained advance permission from the recipients.

Roe v. Wade

Established certain rights to abortion,

Marbury v. Madison Established judicial review,

Established judicial review,

National treatment

Countries may not discriminate against foreign goods by imposing additional taxes that do not apply to domestic goods.,

Most favored nation

Countries must treat all other WTO members equally.

D'Arcy, who is not a public figure, brings a libel suit against Mary. At trial, D'Arcy fails to prove injury or actual malice, but he wins the suit anyway. Which of the following must be true?

D'Arcy sued Mary because she wrote an article that said he had been convicted of tax fraud, when he had not. Libel is written defamation, so D'Arcy cannot bring a libel suit against Mary for something she said. He would have to bring a suit accusing her of slander. Libel involving crime is considered libel per se, and injury need not be proven. Because D'Arcy is not a public figure, he also does not have to prove actual malice.

Darcy and Emma work together at a restaurant. The two regularly complain about their job, particularly their supervisor and coworkers. One day before heading into work, Darcy emails Emma mocking their supervisor and saying that the food they serve is "disgusting and a rip-off." Emma prints out Darcy's email and gives it to their boss. Darcy is fired, and sues Emma. What result?

Darcy will lose under the Electronic Communications Privacy Act of 1986 Under the Electronic Communications Privacy Act of 1986, any intended recipient of an electronic communication has the right to disclose it. Emma is therefore entitled to share the email she received from Darcy without any liability to Darcy.

Sixth Amendment

Demands fair treatment for defendants in criminal prosecutions,

Emlen is a famous fitness guru with a popular health food blog. CalorieBar Energy Snacks sends Emlen several boxes of their products and promises to keep sending them to her if she favorably reviews them on her blog. Emlen loves the snacks and is eager to tell her readers about them. What must she do under FTC rules when writing her review?

Disclose her relationship with CalorieBar. The FTC requires Emlen to disclose on her blog that she receives free products from CalorieBar. In addition, because she is a celebrity she must disclose her relationship with CalorieBar.

Kathy Hathcoat was a teller at a bank in Pendleton, Indiana. Her branch manager, Mary Jane Cooper, caught Hathcoat stealing money from her cash drawer. Rather than reporting Hathcoat, Cooper joined in. The two helped cover for each other by verifying that their cash drawers were in balance. They took nearly $200,000 before bank officials found out. What criminal charge may the government bring against Hathcoat?

Embezzelment Embezzlement is the fraudulent conversion of property already in the defendant's possession. Here, Cooper and Hathcoat already had lawful possession of the money that they stole, as they took the money from their cash drawers. Therefore, the government may charge Hathcoat with embezzlement.

World Bank

End poverty by encouraging development; loan money to the poorest countries on favorable terms.,

Mediation, a form of dispute resolution, has its roots in the laws of

England

The main principle of civil law is that the law is found primarily in

England

The primary origin of the American legal system is:

English Law

Fifth Amendment

Ensures due process,

The Griggs v. Duke Power case held that

Even practices that appear neutral can still be illegal if they have a discriminatory impact In this case, the job requirements seemed fair because they were required of everyone. However, fewer blacks could meet them because they were less likely to have a high school diploma or perform well on the standardized written tests. However, there was no evidence that either requirement related to successful job performance. And, indeed, many whites who had not, in the past, met these requirements, were performing successfully on the job.

Excise Tax

Excise tax Taxes levied on the purchase of cigarettes.

Only the Senate may propose a new statute, called a bill.

FAlse

Each state has a legislature, which passes statutes for that state and for the nation.

False

Caldwell was shopping at T-Mart department store, carrying a large purse. A security guard observed her looking at various small items for sale. At one point, Caldwell put her reading glasses in her purse, and the guard thought she might have been shoplifting. The guard approached her in the parking lot and accused her of taking store merchandise. The guard found no stolen goods in her purse but had her return to the store with him. They walked around the store for approximately 15 minutes, while the guard said six or seven times that he saw her steal something. Another store employee indicated she could go and Caldwell later sued. What kind of suit did she file, and what should the outcome be?

False imprisonment and she will win. The best option for Caldwell is to file a false imprisonment claim which she may be able to win based on the facts presented. False imprisonment is the intentional restraint of another person without reasonable cause and without consent. The initial stop in the parking lot was probably justified, but the actions of the guard in walking Caldwell through the store and continuing to accuse her of taking merchandise were not justified as part of a reasonable investigation.

IMF

Foster worldwide economic growth and financial stability.,

GATT is the

General agreement on tariffs and trade

Gilleo displayed a large sign on her front lawn that read, "Say No to War in the Persian Gulf, Call Congress Now." The city of Ladue fined her for violating its prohibition on signs on front lawns. Gilleo sued. The city claimed that it was regulating "time, place, and manner." Who should win?

Gilleo because ladue's restriction is overly broad Even when speech is protected, the local government may regulate the time, place, and manner of such speech. However, the town may not prohibit such demonstrations outright, so the town's rule is invalid because it is too restrictive. Therefore, Gilleo should win because Ladue's restriction is overly broad.

First Amendment

Guarantees free religion,

Sixth Amendment

Guarantees the right to a lawyer in all important stages of the criminal process.,

U NCITRAL

Harmonize international business law by proposing model legislation on topics such as international payments and e-commerce.,

Harrison met Alejandro in an online chat room for people who like to talk about violent fantasies. Harrison and Alejandro spent hours each week chatting online with each other about elaborate plans to kill Harrison's wife, Melody. They chose a date to execute their plan, and Harrison bought a gun, some rope, and gloves for both of them to wear. The police learned of the plan and arrested Harrison and Alejandro the day before they planned to kill Melody. What will happen at trial?

Harrison and Alejandro will be found guilty of conspiracy A defendant can be found guilty of taking part in a conspiracy if the conspiracy existed, the defendants knew about it, and some member of the conspiracy voluntarily took a step toward implementing it. All of these elements are met in this case, as Harrison and Alejandro both participated in plotting the crime and Harrison took action by purchasing the materials for the murder. Defendants can be arrested before any harm is done.

Lucas is hosting Thorben and several other dear friends at a housewarming party at his new home. During the tour of the new place, Thorben plunges through a trap door partially concealed by the living room carpet and falls 20 feet into the concrete basement below. Thorben breaks both legs and sues Lucas. Which of the following arguments will be Lucas' best defense?

He did not know about the trap door. Thorben is a social guest, which is a type of licensee, and therefore he is entitled to a warning from Lucas about hidden dangers that Lucas knows about. To defend himself against the suit, Lucas has to prove that he warned Thorben of all hidden dangers in the house of which Lucas was aware, so arguing that he did not know about the trap door is Lucas' best defense.

Marcel is picnicking in a crowded local park. He decides he would be more comfortable naked, so takes off all his clothes. He can only enjoy a few more bites of his lunch before he is arrested for violating city ordinances about public nudity. Marcel sues. If the court finds that Marcel's actions do not warrant First Amendment protection, it is probably because:

His nudity was not intended to convey a particularized message In Texas v. Johnson the Supreme Court held that certain conduct was protected under the First Amendment because it was so imbued with communication as to be considered speech. To be considered speech, conduct has to have the intent to convey a particularized message and there has to be a great likelihood that the message will be understood by those who view it. Here, Marcel does not seem to have any message to convey, so his actions will not be protected by the First Amendment.

Deontology

Immanuel Kant,

One day, while drawing a patient's blood, nurse Athena accidentally pricks herself with the needle that she had just used on the patient. Rebecca, another nurse at the hospital, warns Athena that the patient has Hepatitis C, a virus that can spread through a shared needle. Athena becomes visibly distraught and Rebecca tells nurse Edwin that Athena now has Hepatitis C. In fact, Rebecca made the whole thing up: She knew the patient had no such illness and just wanted to embarrass her co-worker. Rebecca may be found liable for:

Intentional infliction of emotional distress and slander Rebecca is liable for intentional infliction of emotional distress. Rebecca acts in an extreme and outrageous manner when she lies and tells Athena that she has contracted a serious virus. The news understandably caused Athena severe emotional harm. Rebecca has also committed slander by falsely telling Edwin that Athena has a serious virus. The statement amounts to slander per se because it is regarding contagious disease, so Athena will not need to prove injury.

FOB" is an example of

Intercom rules In 1936, the International Chamber of Commerce (ICC) first proposed the Incoterm rules, which define a series of three-letter codes commonly used in international contracts for the sale of goods. No matter what language contracting parties speak, under Incoterm rules "FOB" (which stands for "free on board") means that the buyer pays for transportation of the purchased goods.) Note that the ICC does not make law, it simply proposes rules whose adoption is voluntary.

Congress passed the Civil Rights Act of 1964, a statute that prohibits employment discrimination based on race, color, religion, sex or national origin. Congress also established an administrative agency, the Equal Employment Opportunity Commission (the EEOC) to enforce this statute. The EEOC created guidelines that define terms such as "race/color discrimination" and "sex discrimination." These guidelines are an example of:

Interpretive rules because they are clarifying an ambiguous statute When congress passes a statute that is ambiguous or creates confusion, administrative agencies will create interpretive rules to clarify the statute and resolve disagreements. These rules do not add new rights or obligations, they simply provide guidance about existing duties.

Which legal system prohibits any contract gain that is not clearly outlined at the time of the contract?

Islamic Law

Dolly has a baseball bat and a great deal of anger towards Peter. Which of the following is true:

It is possible for Dolly to batter Peter without assaulting him, and it is possible for Dolly to assault Peter without battering him. If Dolly hits Peter over the head with a baseball bat, she has battered him. If Peter watches in horror as Dolly swings that bat into him, she has battered him and assaulted him, because he feared the imminent battery. However, if Dolly sneaks up behind Peter and hits him over the head and he never sees her coming, she has battered him but not assaulted him, because he never feared the imminent battery. Similarly, if she swings the baseball bat at him and he sees her and ducks out of the way she has assaulted him, but not battered him because he was never touched by the bat. See "Intentional Torts" section.

Jean-François, a French wine exporter, sues Bob Joe, a New York importer, claiming that Bob Joe owes him $2 million for wine. Jean-François takes the witness stand to describe how the contract was created. Where is the trial taking place?

It is unclear from the facts where the trial is taking place, so the best answer here is the trial is taking place in the choice of forum designated in the contract

Rawlsian Justice

John Rawls,

Tylice tumbles down a flight of stairs and breaks both wrists. Jordan stands at the top of the stairs watching and then walks away. Under the case of Carey v. Davis, Tylice is most likely to be successful in a suit against Jordan if:

Jordan is her employer Carey v. Davis held that, as an exception to the bystander rule, when an employee suffers a serious injury on the job and the bystander is her employer, the bystander must take reasonable steps to help her. To recover under Carey v. Davis, Tylice will have to establish that Jordan is her employer and the injury occurred on the job.

article III

Judicial branch

In August 2014, President Barack Obama stated that the previous administration "tortured some folks" in the aftermath of the attacks on September 11, 2001. What organizations and/or laws prohibit torture?

Jus cogens and the geneva convention Jus cogens are norms of international conduct that must be followed. It is accepted that jus cogens forbid torture. The Geneva Convention codified customary behavior during wartime and also forbids torture

Legal Positivism

Leaves no room for questions of morality.,

Stare decisis means

Let the decision stand is the essence of the common law. The phrase indicates that once a court has decided a particular issue, it will generally apply the same rule in future cases.

Selecta Motor, a U.S. company wins a large judgment against Loja Tire. But Loja, which is located in Ecuador, refuses to pay Selecta. If the U.S. refuses to recognize and enforce the judgment, it is most likely because:

Most states will recognize foreign judgments pursuant to the Uniform Foreign Money Judgments Recognition Act, if: the award was based on a full and fair trial by an impartial tribunal with proper jurisdiction; the defendant was given proper notice and an opportunity to appear; the judgment was not fraudulent or against public policy; and the foreign court was the proper forum to hear the case.

Mona is a famous movie star who has been battling with mental health issues. During a live interview, a journalist asks, "I'm so glad your doctors let you out of the psychiatric ward to make this film. Did being in a straitjacket help you prepare for this role?" Mona is furious that her psychiatric condition has been mentioned on national television. What is the interviewer's best defense against a claim of public disclosure of private facts?

Mona's condition was well-known. The interviewer will not be liable if he can establish that the information is a legitimate concern to the public. However, it most likely will not be too difficult for the plaintiff to prove that the public was entitled to know her medical history. The interviewer will have a stronger defense if he can prove that Mona's condition was well-known. For a claim of public disclosure of private facts to succeed, the disclosed information must have been a tightly guarded secret. If it was common knowledge that Mona suffered from psychiatric issues, it is not a secret and the interviewer is not liable for public disclosure of private facts.

Although video poker machines are outlawed in Pennsylvania, Conley placed them in bars and clubs throughout the state. He used profits from the machines to buy more machines. What crime has he committed, other than violating the law prohibiting video poker machines?

Money laundering Fraud refers to various crimes, all of which have a common element: the deception of another person for the purpose of obtaining money or property from him. Conley has not deceived anyone; he simply makes the video poker machines available to those who want to use them. Money laundering consists of taking profits from a criminal act and either using them to promote crime or attempting to conceal their source. Conley laundered money by putting the profits obtained from his illegal placement of the video poker machines in bars and clubs towards the illegal act of purchasing more of the banned machines. See the "Crimes Committed by Business" section.

Fine

Money that the defendant must give to the government, which is not shared with the victim.,

Utilitarian thinkers believe that:

Moral actions produce the greatest good for the greatest number

Oregon Olive is a U.S. company that manufactures and distributes several varieties of olive oil. The majority of Oregon Olive's sales are in the U.S. but it also exports its goods to several foreign countries, all of which are WTO signatories. Oregon Olive executives are outraged to learn that when their olive oil is sold in Italy, it is subject to a tax that is four times as high as that imposed on the olive oil produced in that country. Of what - if any - principle is Italy's tax a violation?

National treatement The Italian tax violates national treatment, which is the principle of nondiscrimination between foreigners and locals. The principle is generally applied to protect foreigners from additional taxes, of precisely the type Italy has imposed here. The Italian government is trying to protect its own olive oil producers by making the competing Oregon Oil imports more expensive but under the principle of national treatment, once an imported good has entered the country it must be treated the same as everything that locally produce. Most favored nation is the principle that if a WTO country extends a benefit to another WTO country, it is automatically extending that benefit to every other WTO country. Sovereign immunity holds that the courts of one nation lack the jurisdiction (power) to hear suits against foreign governments, unless the foreign nation has waived immunity, is engaging in commercial activity, or has violated international law

In the 1950s, Illinois enacted legislation requiring trucks to have curved mud flaps. There was no federal law about mud flaps at the time, but the Illinois statute was enacted because state legislators asserted that the curved mud flaps were more effective in preventing accidents than the straight mud flaps. Several trucking companies brought suit, because the Illinois statute conflicted with the laws of other states that required straight mud flaps. Was the Illinois statute constitutional?

No because it violated the Commerce Clause. The Illinois statute was unconstitutional because it violated the Commerce Clause by discriminating against interstate commerce. The Illinois statute interfered with interstate commerce by prescribing standards that conflicted with those of other states.

Harris walked onto some train tracks, ignoring a yellow warning line painted on the station platform, shouts from concerned onlookers, and the ringing bells and flashing lights signaling the approach of an express train. The train killed Harris, and his widow sued the railroad arguing that its negligence caused her husband's death. Will she win?

No, Harris's own actions were the factual cause of harm. The train station provided safety measures that a reasonable person would pay attention to but Harris ignored.

Irving was a notary public who prepared income tax returns for Mark. Irving agreed to draft a will for Mark, leaving all of the property to Mark's sister, Sonja. When Mark died, the court refused to uphold the will because it was improperly drafted. As a result, Sonja inherits only one eighth of the estate and Sonja sued Irving. Irving defended on the grounds that he had no duty of due care to Sonja because he only had dealings with Mark. Is Irving right?

No, Irving has a duty of care because it was foreseeable that the failure to properly draft the will would cause injury to Sonja. Irving owed a duty of due care to ensure that the will was properly executed. In addition, because Sonja was supposed to be the sole beneficiary of Mark's will, it was foreseeable that Sonja would be injured if the will was improperly executed.

The Aviation Security Improvement Act (ASIA) states that the FAA can refuse to divulge information about airport security. The family members of passengers who were killed in a terrorist bombing of an airplane over Lockerbie, Scotland, requested certain airport security information from the FAA under the Freedom of Information Act (FOIA). The FAA refused this request because it interpreted ASIA to mean that the agency had the right to withhold data in spite of FOIA. Must the courts uphold the FAA's decision?

No, because it is the role of the courts to review agency rules, however reasonable the rules may be. The Supreme Court has ruled that courts are obligated to abide by an agency's decision if this decision is reasonable, even if the court itself might have reached a different result. See the "Statutory Law" section.

Hadley is upset to see that her nine year old daughter Sloane has been visiting a website called StoryLook, without Hadley's permission. StoryLook asks users about their favorite books and shares the responses with other users. Sloane was able to create a StoryLook account and give her contact information to StoryLook without Hadley's consent. Can Hadley file a suit under the Children's Online Privacy Protection Act (COPPA)?

No, because the FTC, not private individuals, enforces COPPA infractions. Sloane is of an age that is protected by COPPA, so Hadley may report the violation to FTC. However, COPPA violations are only enforceable by the FTC, so Hadley may not bring a claim of her own.

The highest court in Montana must decide a complicated case about the custody of child who was conceived by using an egg donor, and a surrogate, and was raised by an unmarried gay couple. The highest court in Montana has never heard a case like this before, but there is relevant case law in a family court in Montana. Is the highest court bound by the Montana family court's earlier decision?

No, because the decision was made in a lower court. Under the principle of stare decisis, a lower court must follow the precedent of a higher court but not the other way around. The highest court of Montana is bound by its own previous decisions and by rulings of the U.S. Supreme Court.

Chikita, Inc. provided online tracking tools on websites. Consumers who did not want to be tracked could click the "opt-out" button that appeared on the corner of websites using Chikita's tools. Chikita would not track these consumers, but only for 10 days. After that, the software would resume tracking, and the "opt-out" button would not appear. Is there a legal problem with Chikita's system?

No, it never stated that the company would stop tracking users permanently In an effort to forestall government regulation, several marketing trade groups issued their own report, "Self-Regulatory Principles for Online Behavioral Advertising." These principles require websites that use tracking tools to provide notice of data collection that is "clear, prominent, and conveniently located." In addition, the websites must permit consumers to opt out of tracking with only a few clicks. Chikita's action is both illegal and unethical.

You are a vice-president in charge of personnel at a large manufacturing company. In-house detectives inform you that Gates, an employee, was seen stealing valuable computer equipment. Gates denies the theft, but you believe the detectives and fire him. The detectives suggest that you post notices around the company, informing all employees what happened to Gates and why. This will discourage others from stealing. Should you post the notices?

No, posting the sign could give rise to a claim of defamation. Since the employee was fired, there is unlikely to be emotional distress about the posting. The best answer is that posting the sign could open up the company to a defamation claim. Defamation occurs when a person or entity communicates to others a false factual statement that is likely to harm a plaintiff's reputation. In this case, although you believe the detectives, it is unclear whether Gates actually stole the computer equipment. If Gates did not in fact steal the equipment, posting signs stating that he did would constitute defamation, for which Gates would have a valid claim against you and the company.

To protect Native Americans, the Federal government passes a law prohibiting their taxation. Oklahoma amends its own tax law, adding a small tax on Native Americans. Is the Oklahoma law constitutional?

No, the statute violates the Supremacy Clause. When federal and state law conflict on an issue, it is a violation of the Supremacy Clause. Federal law preempts state law and the state law is void.

Lori created a fake social media profile, pretending to be a teenage boy. Through that boy's identity, she bullied 13-year-old Megan, who killed herself shortly after receiving a message from Lori saying, "The world would be a better place without you." The social media site requires all users to agree to its terms of service, which require "truthful and accurate" information. Is the social media site liable for Lori's messages?

No, under the Communications Decency Act (CDA). Under the CDA, end users and anyone who simply provides a neutral forum for information (such as ISPs and website operators), are not liable for content that is provided by someone else. Only content providers are liable. In this case, the social media site only provided a forum, Lori provided all of the content, and therefore, pursuant to the CDA, is not liable.

After he is injured in an accident, Conrad successfully sues the driver and the trucking company. The jury awards him money for past lost earning capacity, past and future physical symptoms and discomfort, and past emotional injury and mental anguish. If Conrad's injuries require him to be out of work for much longer than anticipated, can he later file another suit against the driver and the trucking company for his unforeseen lost wages?

No, under the single recovery principle. Under the single recovery principle the court is required to settle the matter once and for all, by awarding a lump sum for past and future expenses, so if Conrad's circumstances change he cannot sue again seeking more money

Clark is outraged when the EPA promulgates a rule stating that lake-front buildings must be set back at least 30 feet from the water. He believes the EPA has exceeded its authority. Clark does not own lake-front property but some of his best friends do and he is gravely concerned about this encroachment on their individual property rights. Will Clark be able to bring an action to federal court?

No. Clark will not be able to have the administrative rule reviewed in federal court because he has not suffered direct harm. An individual or corporation directly harmed by an administrative rule may generally have that action reviewed in federal court. The party seeking review must have suffered direct harm; courts will not listen to theoretical complaints about an agency action. Furthermore, the complaining party must first have taken all possible appeals within the agency itself.

In the United States v. Nosal case, the primary issue was whether:

Nosal had aided and abetted his former colleagues in violating the CFAA In this case, Nosal had persuaded some of his former colleagues to log into the Korn/Ferry computer system and give him data on customers. Under company policy, the colleagues had the right to access this material, but they did not have the right to give it to him. Had Nosal aided and abetted them in a violation of the CFAA?

Reverse and remand

Nullifies the lower court's decision and returns the case to the trial court for a new trial., Reverse Turns the loser of the trial court decision into the winner.

Brown v. Board of Education

Ordered an end to racial segregation in public schools,

Courts often have to interpret statutes. Which of the following are the three steps in a court's statutory interpretation?

Plain Meaning Rule Legislative History and Inten

Fourteenth Amendment

Provides for equal protection of the law

Miles is floating happily on a rubber raft in his swimming pool in New Jersey when the raft busts and cuts his eye. His doctor says he will need corrective surgery and may never fully regain his eyesight in the damaged eye. Miles learns that the raft was manufactured in Louisiana, by Intack Inc., a company headquartered in New Mexico. Miles bought the raft from a Kidz Toyz store, a chain of stores in New Jersey that sells many Intack products. Miles sues Intack in a New Jersey federal court for $100,000. Intack files a motion to have the case moved to federal court in New Mexico, saying that New Jersey lacks jurisdiction over the case. Is Intack correct?

Probably not. Intack does a significant amount of business in New Jersey and can reasonably expect to be sued there. Because Intack does a significant amount of business in New Jersey it probably satisfies the minimum contacts required for diversity jurisdiction under International Shoe. Miles is suing for $100,000 so the amount in dispute exceeds the minimum required for a diversity case in federal court.

eight amendment

Prohibits cruel and unusual punishment.

Fourth Amendment

Prohibits the government from making illegal searches and seizures.,

WIPO

Promote the protection of intellectual property: patents, copyrights, trademarks, and industrial design.

Fourth Amendment

Protects against illegal searches,

What general guidelines has the Supreme Court set forth for awarding punitive damages?

Punitive awards should not exceed compensatory damages by more than a factor of nine. The Supreme Court has ruled that a verdict must be reasonable, and have provided certain guideposts for courts to consider when awarding punitive damages. One of these guideposts is that there should be a reasonable ratio between the harm suffered and the award. Generally, punitive awards should not exceed compensatory damages by more than a factor of nine, although in extreme cases higher punitive damages may be appropriate.

Which ethical theory asks us to consider what type of rules for society we would want if we faced a "veil of ignorance"?

Rawlsian Justice

You and a partner in Turkey plan to open a store in Chicago selling rugs imported from Turkey. You are wise enough to insist on a contract establishing the rights and obligations of both parties and would prefer a clause requiring alternative dispute resolution (ADR) of any conflicts that arise under the contract. You want to be sensitive to your partner's culture and do not to propose a clause that will alienate him. What is the best way you can accomplish all of this?

Research Turkish law and hire a mediator familiar with Turkish customs Researching Turkish law and hiring a mediator familiar with Turkish customs would be the best option. This strikes a compromise between respecting your Turkish counterpart's culture without necessarily putting any language in the contract that is not familiar to you or in line with your business interests.

Prime Investments Corporation sues one if its executives, Stewart, for embezzling client funds. At trial, Prime calls several of Stewart's colleagues to the stand, who testify that Stewart is a bad person with no integrity and they were not surprised to hear that he was accused of stealing money. Typically opinions of this type are not admissible in court. The jury finds Stewart liable to Prime for $1 million in stolen money. If Stewart appeals, the appellate court will probably

Reverse the decision due to the trial judge's legal error. Stewart may appeal this decision. Appeals courts generally accept the facts given to them by trial courts and review the trial record to see if the court made errors of law. In this case, the trial judge committed a legal error by allowing the jury to hear inadmissible opinion testimony from Stewart's colleagues. Therefore, the appellate court will likely reverse the trial court's decision due to the error of law.

The Civil code tradition grew out of

Roman Emperor Justinian's Corpus Juris Civilis

Roommates.com operated a website designed to match people renting spare rooms with those looking for a place to live. Before subscribers could search listings or post housing opportunities on Roommate's website, they had to create profiles by answering a series of questions and provided a brief description of themselves and their desired roommate. Here are some typical ads: "I am not looking for Muslims." "Not acceptable: freaks, geeks, prostitutes (male or female), druggies, pet cobras, drama queens, or mortgage brokers." "Must be a black gay male!" "We are 3 Christian females who Love our Lord Jesus Christ .... We have weekly bible studies and bi-weekly times of fellowship." The Fair Housing Act prohibits discrimination against tenants based on characteristics such as race, sexual orientation, and religion. Is Roommates.com or any of the subscribers who wrote the above posts violating the law?

Roommates.com is not violating the law, but the subscribers are. Roommates.com is not violating the law, but the subscribers are. The CDA provides that ISPs and Web hosts are not liable for information that is provided by someone else. Only content providers are liable, because holding ISPs and Web hosts liable for all consumer generated content places an unfair burden on the providers. Roommates.com is the Web host in this situation, as it only provides a neutral forum for information to be posted by subscribers. The First Amendment protects the posts generated by the subscribers (the content providers), but only so long as the subscribers are not violating some other law. In this case, the subscribers are violating the Fair Housing Act.

federalism comes from

Sachems and the leagues of Iroquois

Jury trial

Something to which a defendant charged with a crime that could result in a sentence of six months or longer has a right.,

Kennedy v. Louisiana

Struck down as unconstitutional a state statute that permitted the death penalty for a defendant convicted of rape

Bingwen, a Chinese electronics exporter, sues Arlene, a Mississippi importer, claiming that Arlene owes Bingwen $1 million for watches. What law will be used to resolve the dispute?

The CISG applies automatically to any contract for the sale of goods between two parties from different countries if each operates in a country that is a signatory. The CISG automatically applies unless the parties specifically opt out

Leander is starting a business shipping tractors to Thailand, but he has little understanding of the local customs and policies there. He wants to suggest shipping terms for the contract that are clear and uniform, so that he and his Thai counterpart do not have any misunderstandings going forward. Where can Leander turn for instruction on how to draft such a contract?

The ICC The International Chamber of Commerce (ICC) is the world's largest business organization; its purpose is to facilitate international business. The ICC does not make the law, but the rules it proposes could be very helpful to Leander when he drafts a contract that can be understood and implemented in a predictable manner.

The world's largest global business organization is

The ICC The International Chamber of Commerce (ICC) is the world's largest global business organization. Its purpose is to facilitate international business. The ICC advocates on matters of international business policy and develops uniform rules to aid cross-border transactions. The World Bank is a Specialized Agency of the UN. It aims to end poverty by encouraging development. Among other things, it loans money to the poorest countries on favorable terms. The International Court of Justice (ICJ) also known as the World Court, settles international legal disputes and gives advisory opinions to the UN and its agencies. The World Intellectual Property Organization (WIPO) was established to promote the protection of intellectual property: patents, copyrights, trademarks, and industrial design.

The IRS promulgates several interpretive rules about corporate tax compliance, particularly for executive compensation. The rules prove to be highly controversial, and are a result of misconduct on the part of the head of the IRS. Which of the following statements is correct?

The IRS is an executive agency and the president can fire the head of any executive agency. The president can fire the head of an executive agency at any time. But the president has no such removal power over independent agencies. The IRS is an executive agency.

The WTO is empowered to

The WTO is empowered to settle trade disputes between its member states. It may order compliance and impose penalties in the form of trade sanctions. Member states may also request a consultation with other members. In the majority of cases, these discussions lead to a satisfactory settlement. If the consultation does not resolve the problem, the WTO's Dispute Settlement Body (DSB) forms a panel, which consists of three nations uninvolved in the dispute. After the panel hears testimony and arguments from both countries, it prepares a report. The DSB generally approves this report, unless either nation appeals. If there is an appeal, the WTO Appellate Body hears the dispute and generally makes the final decision, subject to approval by the entire WTO. No single nation has the power to block final decisions.

Executive Power

The authority to enforce laws

In a civil case, a plaintiff wins a lawsuit if he is 51 percent convincing, and collects 100 percent of his damages. In a criminal case the prosecutor must prove his case beyond a reasonable doubt. Why is there such a significant difference in the burden of proof between civil and criminal cases?

The burden is higher in a criminal case because the consequences that the defendant faces are more severe. The burden of proof in a criminal case is much tougher because the likely consequences are much steeper, and often involve the loss of liberty through a prison sentence or possibly even death. In civil trials, a defendant typically only faces monetary penalties.

Nancy Wheelwright, is a trial judge in a civil court in Baltimore, Maryland. She has been invited to Paris, France to observe trials and draft a memorandum comparing the French and American legal processes. France is subject to civil law. What are some differences or similarities that Judge Wheelwright can anticipate?

The civil law relies on an inquisitorial process of dispute resolution, with the judge acting as interrogator and investigator. Judges rely more on written submissions than on lawyers' oral arguments, and base their judgments on codes and statutes rather than prior cases. Civil code systems generally do not use juries

Federal antitrust statutes are complex, but the basic goal is straightforward: to prevent a major industry from being so dominated by a small group of corporations that they destroy competition and injure consumers. Does Major League Baseball violate the antitrust laws? Many observers say that it does. A small group of owners not only dominate the industry, but actually own it, controlling the entry of new owners into the game. This issue went to the United States Supreme Court in 1922. Justice Holmes ruled, perhaps surprisingly, that baseball is exempt from the antitrust laws, holding that baseball is not "trade or commerce." Suppose that a congressman dislikes this ruling and dislikes the current condition of baseball. What could he do

The congressman could introduce a bill overruling the Supreme Court's interpretation of federal antitrust statutes. The congressman could introduce a bill overruling the Supreme Court's interpretation of federal antitrust statutes. The bill would specify that baseball is part of trade and commerce, and that Congress intends that it be subject to the antitrust laws, the same as any other nationwide industry.

Andre is in 11th grade at his local public high school. He wants to take the school's ballet class as one of his required electives but the school only allows girls to enroll in the class. Andre sues under the 14th Amendment. How will a court determine the result

The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest The school has made a classification based on gender. Classifications based on gender are subjected to intermediate scrutiny and must be substantially related to an important government interest.

Fraud

The deception of another person for the purpose of obtaining money or property from him.,

Restitution

The defendant must reimburse the victim for harm suffered.,

In the U.S., most states have adopted the Uniform Foreign Money Judgments Recognition Acts. This act provides that U.S. courts will recognize foreign judgments if several criteria are met. Which of the following are the appropriate terms?

The defendant was given notice and an opportunity to appear c. The award was based on a full and fair trial by an impartial tribunal with proper jurisdiction e. The foreign court was the proper forum to hear the case g. The judgment was not fraudulent or against public policy Hide Feedback

Large numbers of employees have signed mandatory arbitration agreements in employment contracts. Courts usually uphold these clauses. Which of the following is not an advantage of using an alternative dispute resolution (ADR) in place of litigation?

The employees will lose their rights to a class action Trials can be trying and the lengthy process involved in litigation can cause prolonged periods of stress, significant legal bills, and general unpleasantness, all of which can be greatly reduced by ADR. However, ADRs do not allow for class actions, so the employees who agree to ADR provisions will lose their ability to file suit as a class.

In National Federation of Independent Business v. Sebelius, the Supreme Court held:

The federal government does not have the power to order people to buy health insurance. The federal government has the power to impose a tax on those without health insurance.

Embezzlement

The fraudulent conversion of property already in the defendant's possession.,

Bench trial

The judge is the factfinder.,

Statutory rape is a crime in which a defendant has sexual intercourse with a person who is too young to be able to give legal consent for sex. In a criminal case involving an alleged statutory rape, the age of the victim at the time of the offense is an issue to be determined by:

The jury in a trial court The age of the victim at the time of the alleged assault is an important fact in a statutory rape case. A trial court jury is responsible for determining the facts of a case. (Only if there is no jury will a trial court judge decide the facts.) Generally, an appellate court accepts the facts given to them by trial court, and reviews whether the trial court applied the law correctly in the case. There are no juries in appellate courts, only panels of judges.

Arson

The malicious use of fire or explosives to damage or destroy any real estate or personal property.,

Congress has passed a new securities law. If the president disagrees with this statute, what is his best course of action?

The president can veto the bill, but Congress will have the opportunity to override his veto and the bill may still become a statute.

Checks and balances

The principle that each of the three branches of government has power over the other two

Arnie owns a house in a poor section of the city. A fire breaks out, destroying the building and causing $150,000 of damage to an adjacent store. The state charges Arnie with arson. Simultaneously, Vicki, the store owner, sues Arnie for the damage to her property. Identical evidence is presented to juries in both cases. The criminal jury acquits Arnie, while the civil jury awards Vickie $150,000. Why is this possible?

The prosecutor did not prove the criminal case beyond reasonable doubt, but Vicki proved her case by a preponderance of the evidence. The best answer is that the prosecutor did not prove the criminal charge of arson beyond a reasonable doubt. In criminal trials, prosecutors must prove their case beyond a reasonable doubt, which is a higher burden than plaintiffs have in civil trials to prove their case by a preponderance of the evidence.

Jasper buys a can of Zaps bug spray. The first time Jasper sprays some on his arm, the can explodes, causing deep cuts on his face that require surgery. Jasper sues Zaps. Which of the following facts, if true, would most help Zaps' defense?

The shop that sold Jasper the bug spray had kept the bug spray in an extremely hot storage room, and the extreme temperature is what made the can explode. Jasper has a products liability claim against Zaps for producing a defective can that exploded and injured him. A manufacturer of a defective product is generally strictly liable for the harm caused by the defects in its product. However, if the product is substantially changed prior to reaching the user/injured party, then the manufacturer is not liable. Therefore, of the answer options, Zaps' defense would be most helped by the fact that the shop's storage conditions had caused the can to explode; if the bug spray's explosion is attributable to improper storage, rather than defective design or manufacture by Zaps, Zaps will not be liable.

Larceny

The trespassory taking of personal property with the intent to steal it.,

Free trade

The unrestricted purchase and sale of goods and services between countries.,

More creative people tend to be less ethical because .

They are better at rationalizing their bad behaviors A recent study found that creative people tend to be less ethical because they are better at rationalizing their bad behavior. Rationalizations include: "I am not harming a person, just a big company"; "if I do not do this, someone else will"; "this is someone else's responsibility," etc. While thinking short-term or being likely to follow the crowd, can certainly lead to unethical behavior, these traits are not linked with creativity.

Tata Consultancy of Mumbai, India, is an international computer consulting firm. It spends considerable time and effort recruiting the best personnel from India's leading technical schools and has its employees sign an initial three-year employment commitment. Desai worked for Tata, but then quit and formed a competing company, Syntel. His new company contacted Tata employees, offering a higher salary and other perks. Several Tata employees accepted Syntel's offer and did not complete their three year obligation. Tata sued Syntel. What did it claim, and what should be the result?

Tortious interference with a contract, and Tata will win. Based on the facts presented, Tata's best claim is tortious interference with a contract, which it should win. Tortious interference with a contract occurs when: (1) there was a contract between the plaintiff and a third party; (2) the defendant knew of the contract; (3) the defendant improperly induced the third party to breach the contract or made performance of the contract impossible; and (4) there was injury to the plaintiff. Tata had employment contracts with its employees, which Syntel was aware of. Nevertheless, Syntel contacted the Tata employees and convinced them to breach their contracts with Tata by offering better compensation. Therefore, Tata will be able to successfully establish all of the elements of a tortious interference with a contract claim against Syntel.

4. Some congressional committees have more power and influence than others.

True

As the case entitled, "Measures Affecting the Cross-Border Supply of Gambling and Betting Services" reveals, when one WTO member refuses to comply with a WTO ruling, the injured member can retaliate by suspending its duties under another treaty.

True

A long-arm statute can be used only if

Under the Due Process Clause of the Constitution, courts can use long-arm statutes only if a defendant has had minimum contacts with a state. It is unfair to require a defendant to take part in a trial in another state if he has had no meaningful interaction with that state.

Omicron Corp, a U.S. company, files suit in Delaware against Athena, Inc., a Greek commercial shipping company. Athena argues that the Delaware court lacks jurisdiction because the Greek government owns 30% of the shares of Athena, Inc. and therefore the company is protected under FSIA. Which of the following arguments is most likely to help Omicron?

Under the Foreign Sovereign Immunities Act (FSIA) American courts generally cannot hear suits against foreign governments. Exceptions to FSIA include: if the foreign government grants a waiver and agrees to give up immunity or if the foreign government is engaged in commercial activity. If the foreign government is engaged in political activity it is protected by FSIA. The Supreme Court held in 2003 that in order for a government owned corporation to be considered a "foreign state" and be awarded immunity under FSIA, the government must own a majority of the corporation's shares. Here, the Greek government owns only 30% of Athena, Inc., so FSIA does not apply.

Natural Law

Vague and sometimes difficult to determine.

_________________ were a nomadic tribe that had detailed written laws during the fifth and sixth centuries A.D.

Visigoths

FidoFit is a new website that provides pet health information to pet owners. The company's owners want to get consumers to use the site as soon as possible, but are unclear what data they want to request from users and to what extent they will be able to protect user privacy. What should they do to minimize the chances of violating Section 5 of the Federal Trade Commission (FTC) Act?

Wait to publish a Privacy Policy until they are sure of how the website will work and what privacy protection they can offer users. The FTC does not require websites to have a privacy policy, but if a website does have one they must comply with it and it cannot be deceptive. Therefore, FidoFit should wait to publish a Privacy Policy that it can be sure it will be able to comply with, or else with will risk violating the FTC Act.

What was the primary issue in United States v. Jones?

Were the police required to obtain a warrant before attaching a GPS to Jones's car?

Poppy is delighted when she meets Sam on an online dating website: He is charming and handsome and, best of all, seems to be equally enchanted with her. The two exchange online messages and talk on the phone. Sam asks Poppy to transfer him some money so that he can travel from his home in London to visit her in Austin, Texas. Poppy sends Sam money for a plane ticket, plus additional funds to cover medical expenses so he can travel comfortably and feel his best when he meets her family. As soon as Sam receives the money, Poppy never hears from him again. Sam has committed:

Wire fraud and romance fraud. Wire fraud is fraud involving the use of the telephone, radio, or television to obtain property by deceit. Sam used the phone to deceive Poppy, so he is guilty of wire fraud. Additionally, Sam is guilty of romance fraud, which occurs when one party gains the trust of another by feigning romantic interest, and then requesting money from the misled party. Sam is not guilty of larceny, which is the trespassory taking of personal property with the intent to steal it, because Sam was given the money by Poppy herself.

David Lucas paid $975,000 for two residential lots on the Isle of Palms near Charleston, South Carolina. He intended to build houses on them. Two years later the South Carolina legislature passed a statute that prohibited building on property that lay within a certain distance of the ocean's high water mark, and Lucas's property fell in the prohibited zone. Lucas claimed that his land was now useless and that South Carolina owed him its value. Should he win?

Yes, based on the Fifth Amendment Takings Clause. The Takings Clause regulates how the government may take private property. When the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, he has suffered a taking and is entitled to compensation.

Lindsay decides to go skydiving for the first time, and chooses a company with an excellent reputation. On the day of the dive, Lindsay slips on some oil on the floor of the company's airplane hangar and she fractures her elbow. Will Lindsay win a negligence suit against the skydiving company?

Yes, because Lindsay is an invitee of the skydiving company. The oil spill was both the factual cause and the proximate cause of Lindsay's injury. It is reasonably foreseeable that an oily floor could be dangerous, and the skydiving company owed Lindsay a reasonable duty of care to keep the premises safe. Specifically, because Lindsay was an invitee of the skydiving company, the company is liable for dangerous defects on its property (such as an oil slick) even if the company was not actually aware of them. Therefore, Lindsay will be able to succeed in a negligence claim against the skydiving company

A new truck, manufactured by General Motors Corp. (GMC), had a defective alternator that caused it to stall on a busy highway. The driver set up emergency flares around the stalled truck, but congestion on the highway made them difficult to see. Davis did not see the flares, drove his car into the back of the stalled truck, and was killed by the impact. His widow sues GMC. GMC moved for summary judgment, alleging (1) no duty to Davis, (2) no factual causation, and (3) no foreseeable harm. Should summary judgment be granted?

Yes, because there was no disagreement about the facts of the case. Summary judgment for GMC should be denied. Although there was no disagreement about the essential facts, there was enough evidence of liability for the case to continue. Specifically, there was evidence to support the conclusion that the failure of the alternator in the GMC truck factually caused accident (Davis would not have crashed into the truck had it not been stalled in the middle of the road), and that an accident of this sort was foreseeable (a reasonable person could anticipate that a car that stalls while driving could cause a fatal accident).

Did the Supreme Court in Texas v. Johnson find that flag burning constituted "speech?"

Yes, because this conduct was intended to convey a particular message. The text of the First Amendment only protects free "speech" but in Texas v. Johnson the Supreme Court found that some non-verbal conduct may be considered speech and be afforded First Amendment protection. The Court looked at whether the conduct was intended to convey a particularized message and whether that message was likely to be understood by those who viewed it. Under this standard, the Court found that Johnson's politically charged behavior constituted speech

You begin work at Everhappy Corp. at the beginning of November. On your second day at work, you wear a political button on your coat, supporting your choice for governor in the upcoming election. Your boss glances at it and says, "Get that stupid thing out of this office or you're history." You protest that his statement violates your constitutional rights. Are you right?

Yes, it violates your constitutional right to free speech The time, place and manner restrictions on the regulation of Free Speech only apply to government actions. A private employer has the right to regulate the look of its employees during working hours.

Aurelia has emergency major heart surgery at the best hospital in town. The next week, she goes to her doctor complaining of an acute pain in her chest. The doctor performs an x-ray and finds that there is medical sponge inside Aurelia's chest. Medical sponges are tools used during surgery and should never to be left inside the patient. Since Aurelia was unconscious during the surgery she does not know who left the sponge in her chest, or how exactly it came to be placed there. Can Aurelia still win a negligence case against the hospital?

Yes, under the doctrine of res ipsa loquitor. Aurelia does not need to know the exact circumstances surrounding the negligence in this case. The court will apply res ipsa loquitor because the doctors and nurses had exclusive control of the sponge, it was negligent to leave the sponge inside Aurelia, and Aurelia did not play a role in causing the harm.

A significant difference between a directed verdict and a judgment non obstante veredicto (JNOV) is that

a JNOV is granted after the jury reaches a verdict A directed verdict is a ruling that the plaintiff has entirely failed to prove some aspect of her case, and allows the defense to win without putting on a case. It is permissible only if the evidence so clearly favors the defendant that reasonable minds could not disagree on it, and may be granted at the close of the plaintiff's case, prior to the jury reaching a verdict. A JNOV is a judgment notwithstanding the jury's verdict. It is a motion filed by the losing party after the jury reaches a verdict, asking the judge to overturn the verdict because the decision goes against all the evidence.

The court's ruling in Soldano v. O'Daniels is

a subtle change to a common law rule The Soldano court carved out a small exception to the existing common law rule that bystanders are not obligated to aide those in need. Under Sodano an employee must allow someone to use the telephone in a publicly available part of the business if so requested. The employee does not have a duty to actively go to another's aid, but cannot refuse access to the telephone if it is needed to help someone. It is an example of a court making a subtle change to a common law rule.

As a general rule, before conducting a search the police must have

a warrant As a general rule, the police must obtain a warrant before conducting a search. A warrant is written permission from a neutral official, such as a judge or magistrate, to conduct a search. The magistrate will issue a warrant only if there is probable cause. Probable cause means that based on all the information presented, it is likely that evidence of a crime will be found in the place to be searched.

Which of the following are three of the Framers' main goals in creating the Commerce Clause?

a. Bring coordination and fairness to trade among the states d. Stop the states from imposing harmful taxes and regulations e. Create a unified voice for regulating commercial relations with foreign governments

Which of the following are the two prerequisites for a state law to be valid under the Supremacy Clause?

a. Congress does not intend to dominate the issue d. There is no conflicting federal law

Which of the following are the first goals of the EU:

a. Establish tariffs for external countries e. Eliminate trade barriers among member nations f. Coordinate its agricultural and fishing policies g. Permit the free movement of EU citizens within its territory

Which of the following are four major crimes that commonly affect businesses?

a. Fraud b. Larceny c. Arson g. Embezzlement

Which of the following are potential remedies for a plaintiff in a civil RICO suit?

a. Injunctions d. Attorney's fees e. Treble (triple) damages

Which of the following are common advantages to arbitrating a dispute?

a. It is less political than foreign courts c. Speed f. Cost g. Greater privacy Hide Feedback

Which of the following are three of the President's key areas of power?

a. Legislation c. Appointments e. Foreign policy

2. Which of the following are two of the most important goals of common law?

a. Predictability b. Flexibility

Which of the following are the major issues that arose under the Articles of Confederation?

a. The central government could not tax the states b. The central government had no way to raise money c. The central government had no power to regulate commerce between the states

Common law is the sum total of

all the cases decided by appellate courts. For example, the common law of New York is comprised of all the cases decided by appellate courts in New York. Two hundred years ago, almost all law was made by common law. Today, most new law is statutory.

NAFTA is an example of

an RTA The North American Free Trade Agreement (NAFTA) is a regional trade agreement (RTA). RTAs reduce trade restrictions and promote common trade policies among member nations, who are located near each other. NAFTA is an RTA signed by the United States, Canada, and Mexico in 1993. Its principal goal was to eliminate almost all trade barriers among the three nations, and it has a large impact on the United States.

Congress passes The Nylon-Free Water Act, a statute making it a crime for commercial fishermen to use nylon fishing nets in water where manatees are found. Now that the Act has passed Congress, who will create regulations for implementing it?

an administrative agency

Civil law relies on

an inquisitorial process of dispute resolution

Armando is spending an autumn weekend at Maria's Bed and Breakfast in Vermont. Armando has a comfortable room on the second floor, right next to the bedroom where Maria herself sleeps every night. On the third night of Armando's stay, Maria wakes up to the smell of smoke and realizes the Bed and Breakfast may be in grave danger. She walks past Armando's bedroom door, goes down the stairs and strolls out the front door to safety. Armando does not wake up and suffers severe burns when the fire reaches his room ten minutes later. If Armando successfully sues Maria, the court most likely

applied the duty of care exception under Tarasoff v. Regents University of California. In general, a person owes no duty of care to another, but there are exceptions to this rule. One exception, under Tarasoff, is when a defendant stands in some special relationship to the victim. Special relationships include doctor/patient, parent/child, and innkeeper/guest. In this case, Maria, as an innkeeper, falls under the exception and owes Armando, a guest, a duty of care

In islamic law judges,

apply the islamic code

A court is set to hear Miller v. Walnut, Corp., in which the plaintiff is suing because of a severe allergic reaction he suffered after eating soup from a mislabeled can. Five years earlier, the same court decided Washington v. SnackCo involving a plaintiff who had an allergic reaction to some cookies that were mislabeled in a similar way. Based on the principle of stare decisis, the Miller judge will likely

apply the same legal rules used in washington

The "bystander effect" is a term used by sociologists to mean that people in a crowd

are much less likely to help others because responsibility is diffused

If the government finds that a company has hired illegal workers (that is, individuals who are unauthorized to work in the United States) the government may

arrest both the employees and the employer It is illegal to knowingly employ unauthorized workers. Thus, employers are required to verify their workers' eligibility for employment in the United States. Within three days of hiring a worker, the employer must complete an I-9 form, documenting each worker's eligibility. The government has the right to arrest the employee and the employer.

The number one source of consumer complaints about online fraud is

auctions Internet auctions are the number one source of consumer complaints about online fraud. Wrongdoers either sell goods they do not own, provide defective goods, or offer fakes.

Which of the following describe conduct and entities that are covered by international law?

b. International businesses c. Laws of war e. Rules governing outer space g. Disputes between nations . Rules governing the sea

Which of the following are concepts associated with Rawlsian Justice?

b. Veil of ignorance d. Life prospects e. Difference principle

Which of the following are the three general steps outlined in Miller v. California to determine if a creative work is obscene?

b. Whether the work depicts or describes sexual conduct in a patently offensive way d. Whether the work lacks serious literary, artistic, political or scientific value e. Whether the average person would find that the work appeals to a prurient interest

Why might a defendant be indicted but not found guilty of any crime?

because the grand jury never hears the defendant's evidence At the indictment, the grand jury hears the prosecution's evidence but not the defendant's. At this stage, the prosecution need only demonstrate that there is probable cause that the defendant committed the crime charged, so it is relatively easy for prosecutors to obtain an indictment. At trial, however, a jury hears evidence from both the prosecution and the defense. In addition, the prosecution must prove its case beyond a reasonable doubt, which is a higher burden of proof than probable cause.

Which of the following can be considered a deprivation of a property interest?

being fired from a government job

As English jurist William Blackstone said,

better that ten guilty persons escape than one innocent person suffer Better that ten guilty persons escape than one innocent suffer" is Blackstone's formulation, a concept that illustrates our belief in the presumption of innocence. It is worse to convict an innocent person than to allow guilty people to go unpunished. Everyone suspected of a crime should have the protections that you yourself would want in that situation and, as a society, we must remember that not all people accused of a crime are guilty.

Marshall claims that Victor breached their contract and sues him in district court, seeking $80,000 in damages. If the trial is being held without a jury it is most likely because:

both parties waived their right to a jury As a general rule, in both federal and state courts, both plaintiff and defendant have a right to demand a jury trial when the lawsuit is for money damages. However, in both criminal and civil cases, the parties may waive the jury right, meaning they agree to try the case before a judge only. In addition, there is no jury right for either party in a case for equitable relief.

Which of the following are circumstances under which police may conduct a search without a warrant?

c. Consent d. Lawful arrest e. Viewing tweets on Twitter g. No expectation of privacy i. Evidence is in plain view k. Emergencies l. Digital camera m. Automobiles n. Stop and frisk

Monica is walking down a busy sidewalk. To her dismay, a piano falls out of a nearby window and crushes a man standing five feet away from her. Which of the following are the two best reasons Monica could offer in support of her argument that she owes the man no duty?

c. The holding in Osterlind v. Hill f. The holding in Union Pacific Railway Co. v. Cappier

If the police discover a plot to commit a crime, they

can arrest the defendants before any harm has been done If the police discover a plot to commit a crime, they can arrest the defendants before any harm has been done. It is illegal to conspire to commit a crime, even if that crime never actually occurs.

The Framers wanted the Constitution to last for centuries, and understood that would only happen if the document was

changeable Thomas Jefferson wrote "You will perceive that we have not so far [made] our constitutions unchangeable. [W]e consider them not otherwise changeable than by the authority of the people." The Constitution has been amended 27 times, and the general language in which it was written leaves it open to interpretation. As a result, the Constitution has stayed relevant in the face of changing social mores, times, and technology.

In the 1980s, the Supreme Court ruled that it was legal for protesters to burn the American flag because this activity counts as free speech under the Constitution. What kind of law is this?

common law

The U.S. Constitution is based on

compromises about power When the Framers set out to draft the Constitution, they faced a succession of questions and they disagreed on many of the issues. The Framers debated many topics, such as the structure of the government, the limits of federal power, and the scope of power the people should have. As a result, the Constitution is a series of compromises about power.

Most government agencies are created by

congress

Which of the following are two facts about the Bill of Rights?

contains the first 10 amendments guarentees liberties to individuals citizens

Which of the following are reasons why the ICJ has not been an important force in resolving international business disputes?

d. Only countries can bring a case before the ICJ e. The court has no enforcement power f. The ICJ only has jurisdiction over states that have agreed to be bound by its decisions

criminal procedure is

designed to protect the accused and ensure that criminal trials are fair Because of the government's great power and the severe penalties it can impose, criminal procedure is designed to protect the accused and ensure that criminal trials are fair.

Sovereignty means that

each government has the absolute authority to rule its people and its territory Sovereignty is the fundamental principle of modern international law, growing out of the ancient idea that no kings had the power of gods, and no "god" could interfere in the internal affairs of another. Sovereignty means that each government has the absolute authority to rule its people and its territory. Under this principle, states are prohibited from interfering in each other's legislative, administrative, or judicial activities.

Martin owes Vlad $1,000. He knows that his friend Alexandra is having coffee with Vlad that afternoon, so he gives Alexandra $1,000 and asks her to give it to Vlad when she sees him. Alexandra agrees, and then keeps the money for herself. Alexandra is guilty of

embezzelement With embezzlement, the culprit begins with the property in her lawful possession. Here, Martin gave Alexandra his money so Alexandra had a right to possess the $1,000. However, when Alexandra kept the money she was guilty of embezzlement, because Alexandra was supposed to give the money to Vlad.

The doctrine of precedent is beneficial because it:

ensures predictability in the court room

In Kennedy v. Louisiana Justice Kennedy's decision relied heavily on

evolving standards of justice Kennedy v. Louisiana is an example of judicial review: the power of federal courts to declare a statute or government action unconstitutional or void. In Kennedy, the Court had to determine if the Constitution permitted the death penalty as punishment for the brutal rape of a child, which Louisiana considered a capital offense. In his decision, Justice Kennedy held that our evolving standards of decency distinguish between homicide and non-homicide crimes, and that capital punishment was not appropriate where a defendant did not take the life of another.

article II

executive branch

Almost all statutes are created by administrative agencies.

false

At an indictment, the prosecutor and the defense attorney present evidence to the grand jury.

false

Cases heard in appellate court sometimes, but not always, have a jury.

false

Cases litigated in trial court always have a jury.

false

Congress interprets the law.

false

Courts are generally sympathetic to claims made under the Eighth Amendment.

false

Each state has exactly one federal district court.

false

From the 1950s to the 1970s, the Supreme Court exercised considerable judicial restraint, and was reluctant to decide social issues on constitutional grounds.

false

Islamic law relies heavily on binding precedent.

false

Once an appellate court has made a ruling, every state court in the country must follow the precedent.

false

Prior to Miller v. California, obscenity received constitutional protection.

false

The Constitution provides individuals with certain protections, mostly from harm done by corporations or other individuals.

false

The Constitution was developed by amending the Articles of Confederation.

false

The International Chamber of Commerce makes law.

false

The court in Floyd v. New York City found that the police department's aggressive stop and frisk policy was unconstitutional.

false

To be considered a part of "interstate commerce" a good must physically travel from one state to another.

false

U.S. statutes never apply outside the country.

false

When measured in dollars, street crime costs our country more than white-collar crime does each year.

false

Witnesses sometimes, but not always, testify at cases in appellate court.

false

Eliza has been working as an administrative assistant at Giant Coalmine Corp. for two years. Recently, several of her male coworkers, including some of the company's executives, have started sexually harassing Eliza, engaging in unwanted sexual advances, abusive language, and threatening behavior. Eliza has discussed this situation with her female coworkers, several of whom have experienced a similar pattern of inappropriate treatment. The women feel intimidated and worry about losing their jobs if they complain. What can Eliza and her attorney do to strengthen their case against Giant Coalmine?

file a class action lawsuit agianst giant coalmine A class action lawsuit may be appropriate for Eliza and her colleagues. A class action is when a group of people with similar claims sues a defendant. Class actions can give plaintiffs much greater leverage, since the defendant's potential liability is vastly increased.

When a defendant stands accused of a crime, he will look to the_______________ , __________ and ______________ to protect his rights.

fourth, fifth, sixth amendments

Hacking

gaining unauthorized access to a computer system.

Ours was the first nation in modern history founded on the idea that the people could

govern themselves democratically The United States government was the first of the modern age to be based on the concept that the people could govern themselves in a functioning democracy. The idea was daring, brilliant, and fraught with difficulties. The government created by the Constitution gave the people substantial power through their ability to elect their representatives.

In International Shoe Co. v. State of Washington, the Supreme Court held that the International Shoe could properly be sued in Washington because the company

had minimum contacts with the state In determining jurisdiction for the lawsuit, the Court examined the company's ties to Washington. The company did not have offices in the state but the Court considered the number of salespeople it sent to Washington and the business they conducted while in state, and concluded that International Shoe had sufficient contacts with the state to justify the company standing trial there.

International Law

has no single source of law or enforcement mechanism

For a defendant to be found guilty of a crime, he must

have commited a voluntary act A defendant is not guilty of a crime if he was forced to commit it. In other words, he is not guilty if he acted under duress. The act must be voluntary.

Thomas Jefferson believed that the most solid basis for a "free, durable and well-administered republic" was to

have two legislative bodies In his letter to Major John Cartwright, Thomas Jefferson recounted the challenges and goals in drafting the Constitution of the United States. He emphasized the importance of individual liberties, and described the significance of drafting a constitution that embodied and upheld these values on a state and federal level. He wrote, "In the structure of our legislatures, we think that experience has proved the benefit of subjecting questions to two separate bodies of deliberants. The wit of man cannot devise a more solid basis for a free, durable and well-administered republic."

political speech is

highly protected

In litigating Forestal Guarani S.A. v. Daros International, Inc., Forestal incurred huge expenses traveling to the U.S. simply to determine which law governed the contract. The parties could have avoided this dispute if they had

included a provision in the contract stating which country's law would control

A series of Supreme Court cases has extended virtually all of the important constitutional protections to all levels of national, state, and local government, via a process called

incorporation This process is called incorporation because rights explicitly guaranteed at one level are incorporated into rights that apply at other levels.

Martin owes Vlad $1,000. Because he is seeing Vlad that afternoon, he withdraws $1,000 from the bank and puts it on his kitchen counter so he can give it to Vlad later that day. Martin's houseguest Alexandra sees the money on the counter and takes it for herself. Alexandra is guilty of

larceny Larceny is the trespassory taking of personal property with the intent to steal it. Alexandra had no right to the money, so it was a trespassory taking. Robbery is larceny plus force, so if she had used force to take the money from Martin or Vlad, she would be guilty of robbery. She never had any right to the money so it is not embezzlement. Finally, hacking is unauthorized access to a computer system, and Alexandra did not obtain the $1,000 through Martin's computer so there is no hacking involved in this case.

Article I

legislative branch

The Rural Town Tribune published an article that claimed the town's mayor had been arrested for trespassing. The story said he was caught grazing in a neighbor's pasture, dressed in a sheep costume. The headline said that such a man was not fit to shepherd the town into the next decade. In reality, the mayor had never been arrested and did not own a sheep costume. The Rural Town Tribune is likely:

liable for libel per se. Libel refers to written defamation, or false statements that harm a person's reputation. Generally, proving libel requires proving injury. However situations like this, where the false statements relate to criminal or sexual conduct, contagious diseases, or professional abilities, are considered libel per se and do not require the plaintiff to show injury.

This chapter is filled with examples of statutes that have been struck down by the courts. A Texas law banning flag burning was rejected by the Supreme Court, as was a Louisiana death penalty statute. Where does the Supreme Court get its power to strike down congressional statutes as unconstitutional

marbury v madison In Marbury v. Madison, the Supreme Court held that a federal statute violated the Constitution and was therefore void. This established judicial review: It refers to the power of federal courts to declare a statute or governmental action unconstitutional and void. Judicial activism refers to a court's willingness to decide a case on constitutional grounds, and sometimes "stretch" laws beyond their most obvious meaning. This is the opposite of judicial restraint, which refers to the attitude that courts should leave lawmaking to legislators.

Claudia and Patrick would like to dissolve their business partnership. They are confident that they can work collaboratively on the terms of the settlement, but they do not have much money to spend on the process and are nervous about the prospect of the terms being decided by a third party who is unfamiliar with them and their industry. Which of the following legal processes is a good choice for them?

mediation Claudia and Patrick are candidates for alternative dispute resolution, which offers a cheaper and more efficient process than litigation. Because they think they can work together on the terms of the dissolution, mediation is a good fit. Their reluctance to be bound by a third party's decision makes mediation, which is non-binding, a better option than arbitration, in which the arbitrator can make a final decision.

commercial speech is

minimally protected

Kant believed that

no decision that treats people as commodities can be just

Ramsay, the CEO of a large corporation, was indicted for tax fraud. The government accused him of hiding a vast amount of the company's assets. However, he was found not guilty at trial. Can the company still be liable for Ramsay's conduct?

no, because ramsay was not found guilty A company can be found liable for the conduct of an agent if the agent commits a criminal act within the scope of his employment and with the intent to benefit the corporation. However, the agent must first be found guilty, and Ramsay was found not guilty, so the corporation cannot be liable for anything Ramsay did.

AJ is studying in a busy student lounge when his friend arrives and tells him that she just got great tickets to a basketball game. AJ grabs his books, backpack, and cellphone and dashes to the game with her. At the game, AJ realizes that he mistakenly took someone else's phone. At first, AJ plans to return the phone, but then he realizes that it is much nicer than his so he keeps it. AJ is guilty of:

none of these crimes Larceny is the trespassory taking of personal property with the intent to steal it. Here, AJ lacked intent: when he took the phone, he did not realize that it was not his. Because he did not intend to steal the phone, he is not guilty of larceny.

If Congress disagrees with a judicial interpretation of a statute, the legislators may

pass a new statute to modify or "undo" the court decision If Congress disagrees with a judicial interpretation of a statute, the legislators may pass a new statute to modify or "undo" the court decision. For example, if the Supreme Court misinterprets a statute about musical copyrights, Congress may pass a new law correcting the Court's error. However, if the Supreme Court declares a statute to be unconstitutional, that decision can only be "undone" by amending the Constitution - an act that Congress cannot perform on its own.

Common law is made up of the accumulation of

precedent

When legislators perceive that social changes have led to new criminal acts, they may

propose a new bill When legislators perceive that social changes have led to new criminal acts, they may respond with new statutes. For example, the rise in Internet fraud has led to many new statutes outlawing such things as computer trespass and espionage, fraud in the use of cell phones, identity theft, and so on.

speech is

protected

Pursuant to the holding in International Shoe Co. v. State of Washington, the Due Process Clause of the Constitution requires of courts when exercising jurisdiction.

reasonable fairness In International Shoe, the Supreme Court held that the International Shoe Co. had benefitted greatly from its activities in Washington, and faced no injustice if the suit proceeded in Washington. The Court noted that the Due Process clause merely requires reasonable fairness, and that the minimum contacts doctrine had been satisfied.

In Skilling v. United States, the Supreme Court

rejected the government's broad interpretation of the honest-services statute The Court held that the honest-services statute was not vague with respect to the prosecution of bribes and kickbacks, but it refused to allow the prosecution of a wider range of offensive conduct under the act. Because the government did not allege that Skilling solicited or accepted side payments from a third party, the court held that Skilling had not committed honest-services fraud.

minimal intermediate strict security

screenshot

Which of the following are two major factors courts consider when deciding whether to follow a decision from an earlier case?

similarity of facts jurisdiction

Which of the following are ways to avoid ethics traps?

slow down remember life principles

Conduct become criminal when

society outlaws it Conduct becomes criminal when society outlaws it. If a state legislature or Congress concludes that certain behavior harms public safety and welfare, it passes a statute forbidding that behavior. In other words, it becomes criminal.

In determining whether or not a creative work is obscene, the burden of proof lies with the

state In determining if a creative work is obscene, the burden of proof rests with the state. If the state fails to prove any of the three criteria outlined in Miller v. California the work is not obscene.

Most new law is

statutory

Which of the following are types of jurisdiction required for a court to hear a particular case?

subject matter jurisdiction personal jurisdiction

The individual mandate of the Patient Protection and Affordable Care Act was upheld under the

taxing and spending clause Congress has the power to "lay and collect Taxes" under the Taxing and Spending Clause of Article 1 section 8. It is under this power that Congress is allowed to tax individuals who do not purchase health insurance. The Supreme Court held that Congress cannot force individuals to buy insurance under the Commerce Clause, but Congress can tax those who do not buy insurance.

A criminal defendant has a right to a trial by jury for any charge

that could result in a sentence of six months or longer A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer. The defendant may choose not to have a jury trial, in which case, the judge decides the verdict. When the judge is the factfinder, the proceeding is called a bench trial.

Opponents of GATT argue that because of it

the United States now competes against nations with unlimited pools of exploited labor Opponents of GATT claim that the United States now competes against nations with unlimited pools of exploited labor. These countries dominate labor-intensive industries such as textiles, clothing, and manufacturing, and are steadily taking jobs from millions of American workers. Because domestic job losses come in low-end employment, those put out of work are precisely those least able to find a new job.

Legislative power

the ability to create new laws

Most arsons occur primarily because

the arsonist hope to recover on insurance policies to help with financial difficulties Arson is the malicious use of fire or explosives to damage or destroy any real estate or personal property. Most arsonists hope to collect on insurance policies. Every year, thousands of buildings are burned as owners try to extricate themselves from financial difficulties. Everyone who purchases insurance ends up paying higher premiums because of this wrongdoing.

Exchange rates fluctuate regularly, often creating vast discrepancies between the value of different currencies. Accordingly, anyone entering into an international contract should stipulate

the currency to be used for payment

In Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical Company, Inc. and Exxon Chemical Arabia, Inc. the court focused on____________ as a reason for upholding the lower court's decision.

the extensive research and analysis done by the lower court

The most common punishment for a corporation is a fine. However, a major criticism of this practice is that

the fines are too small to make an impact on the business Most fines are modest by the present standards of corporate wealth, and often not large enough to change a company's practices after it has paid the fine.

If the government imposes a fine on a defendant, the money goes to

the government If the government imposes a fine, the money is kept by the government, not shared with the victim. However, the court will sometimes order restitution, meaning that the defendant must reimburse the victim for harm suffered.

As a general rule, both plaintiff and defendant have a right to demand a jury trial when

the lawsuits for money damages Not all cases are tried to a jury. As a general rule, both plaintiff and defendant have a right to demand a jury trial when the lawsuit is for money damages. If the plaintiff is seeking an equitable remedy there is no jury right for either party.

Congressional committees hold hearings to investigate

the need for new legislation When a bill is proposed in either house, it is referred to the committee that specializes in that subject. Congressional committees hold hearings to investigate the need for new legislation and to consider the alternatives.

The court based its decision in The Oculist's Case upon the fact that

the plaintiff voluntarily sought medical care

When questioning witnesses lawyers must follow

the rules of evidence The lawyers are not free simply to ask any question they want of a witness. The law of evidence determines what questions a lawyer may ask and how the questions are to be phrased, what answers a witness may give, and what documents may be introduced. The goal is to get the best evidence possible before the jurors so they can decide what really happened.

During discovery, lawyers for the defense find out that the plaintiff was hospitalized in a psychiatric facility last April. If the court grants the defense access to the plaintiff's full medical records from that hospitalization, it is most likely because:

the plaintiffs mental condition is relevant to the case Medical records are generally confidential, but if they are relevant to an issue in a case they may properly be turned over during discovery. The parties are entitled to discover anything that could reasonably lead to valid evidence. Therefore, if the plaintiff's mental health is an issue in the trial then the judge may order the plaintiff to disclose to the records from her psychiatric hospitalization.

At trial, the judge refuses to admit very strong evidence against the defendant, because the evidence is "the fruit of the poisonous tree." This likely happened because

the police obtained the evidence in an illegal search the exclusionary rule prohibits evidence at trial if it was obtained illegally. The "fruit of the poisonous tree" doctrine refers to physical evidence that was obtained in the process of an illegal search, and is impermissible at trial. The rule is designed to discourage the government from engaging in impermissible activity: If they cannot use the evidence, there is little reason to conduct the prohibited search.

Treaties with foreign nations are as made by__________ ratified by___________ they are as binding upon all_____________ as any___________ statute

the president the senate Citizens federal

When a judge refers to the doctrine of precedent, he is referring to:

the principle that decisions in current cases should be based on previous rulings.

To reach a verdict in a civil trial,

the requirements vary by state States vary in their requirements for a verdict in a civil trial. Some require a unanimous jury vote, but others require only a 10-2 vote. The greater the number of jurors required to return a verdict, the more difficult it is for the jury to reach a decision.

When Congress passes a statute, who has the power to declare the statute unconstitutional?

the supreme court

Jurisprudence is_______law.

the theory and study of

In the Tarasoff decision, the court emphasized that

therapists need only show a degree of skill, knowledge, and care generally exercised by members of their field The Tarasoff court emphasized that the duty of care arose only when there was a special relationship, like that of a doctor and patient. Furthermore, the court was explicit that it did not require "perfect performance" from doctors; instead, doctors must exercise a standard of skill, knowledge and care possessed by members of the field under similar circumstances.

It is the grand jury's job to determine whether

there is probable cause that the defendant committed the crime with which she is charged Once the police provide the prosecutor with evidence, he presents this evidence to a grand jury and asks its members to indict the defendant. It is the grand jury's job to determine whether there is probable cause that this defendant committed the crime with which she is charged. Just because a defendant is indicted does not mean she is guilty. Rather, an indictment is the government's formal charge that the defendant has committed a crime and must stand trial.

The Founding Fathers divided governmental power into three branches because

they did not want power to be centralized

Business partnerships are like

tithing

The purpose of procedural due process is

to ensure that before the government takes anyone's liberty or property, the affected person has a fair chance to oppose the action Before depriving anyone of liberty or property, the government must go through certain steps, or procedures, to ensure that the result is fair. As such, procedural due process is embedded in our legal system, requiring that anyone whose liberty or property is being taken by the government has a fair chance to oppose the action. The type of process required depends on the nature of the liberty or property at stake, and is balanced against the government's competing need for efficiency. In all cases, a neutral factfinder is involved.

A corporation can be found guilty of a crime based on the conduct of anyone acting on its behalf.

true

A protocol is an amendment to a treaty.

true

If a plaintiff is seeking an equitable remedy, neither the plaintiff nor the defendant has a right to a jury trial.

true

If your roommate gives the police permission to search your house, that search is legal.

true

It is illegal to conspire to commit a crime even if that crime never actually occurs.

true

Sometimes ethical decisions can fail the front page test.

true

States pass statutes that govern that state only.

true

The dormant Commerce Clause holds that a state statute that discriminates against interstate commerce is almost always unconstitutional.

true

The double jeopardy rule prohibits the government from prosecuting a defendant for the same particular crime more than once.

true

The government may regulate the time, place and manner of protected speech.

true

To take effect in the U.S., treaties must be approved by at least two-thirds of the United States Congress.

true

U.S. courts can apply foreign law to resolve disputes.

true

Under eminent domain, the government may take property from a private citizen and give it to a private party in order to stimulate economic development in the area.

true

What determines Islamic law is the judge's ijtihad.

true

When an employee suffers a serious injury on the job, the employer has a duty to assist the employee.

true

Political speech is protected

unless it is likely to create imminent lawless action Political speech has been given an especially high degree of protection because the Framers were primarily concerned with supporting democracy. They believed that democracy would work only if the members of the electorate were free to talk, argue, listen and exchange viewpoints in any way they wanted, particularly on the subject of politics. Therefore, political speech can only be restricted in the extreme case where it is intended and likely to create imminent lawless action.

The court in Salib v. City of Mesa held that the city's Sign Code, which prohibited the covering of more than 30 percent of a store's windows, was:

valid because the Code directly advanced a substantial governmental interest and was narrowly tailored. The city of Mesa has the right to regulate commercial speech as long as the regulations advance a substantial governmental interest and are narrowly tailored to advance the city's goal.

In an entrapment case, the goal is to separate the cases

where the defendant was innocent before the government tempted him from those where the defendant was only too eager to break the law When the government induces the defendant to break the law, the prosecution must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime. The goal is to separate the cases where the defendant was innocent before the government tempted him from those where the defendant was only too eager to break the law.

In her dissent in Kelo v. City of New London, Connecticut Justice O'Connor expressed her concern that the decision

would be used to exploit people with few resources Justice O'Connor was very skeptical about the expansion of the meaning of public use. She wrote "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process...As for the victims, the government now has license to transfer property from those with fewer resources to those with more."

Darnell is a beach ball manufacturer whose company is based in Rowayton, Connecticut. He gets into a dispute with Mary, the owner of a novelty store in Barbados, about a sales contract and Mary suggests arbitrating the dispute in her hometown. Darnell is intrigued, but wants to make sure that their chosen method of dispute resolution is relatively inexpensive and enforceable once he is back in the United States. Is arbitration a good choice for Darnell?

yes Arbitration is a binding process, in which a neutral private body resolves the dispute. This method of dispute resolution is generally faster, cheaper, more private, and less political than litigation, which makes it a great option for resolving issues between parties from different countries. The Convention on the Recognition and Enforcement of Foreign Arbitral Awards is an international treaty that provides common rules for recognizing arbitral agreements. Arbitral awards issued abroad are generally enforceable in the U.S.

Marcus goes to class leaving five pounds of heroin on a table in his bedroom. Shortly after, the police knock on the door, and ask Marcus' roommate Lina if they may search the apartment. Lina says yes, and the police find Marcus' drugs. If the police did not have a search warrant for the apartment, was the search permissible?

yes because lina allowed the police in Anyone lawfully living in a dwelling can allow the police to search it without a warrant. Lina is a lawful resident of the apartment and voluntarily allowed the police in to conduct a search, making the search permissible.

One year on Halloween, the Jones family left a big bowl of candy on their doorstep, and put a sign beside it that read, "Take one piece please!" Most children ignored the sign and took several pieces. The next year, the Jones family left the same bowl but added the Ten Commandments to the sign that said "Take one piece please." Almost every child opted to take just one piece. What ethics concept could best be used to explain this phenomenon?

Life Principles Life Principles are the rules by which you live your life. Research has shown that reminding yourself of your values, or even thinking abstractly about good deeds, improves the chances that you will behave ethically. Even atheists behave more ethically after reading the Ten Commandments.

Evidence shows that small gifts from pharmaceutical companies

are surprisingly influential on doctors Evidence shows that small gifts from pharmaceutical companies are surprisingly influential on doctors. People are more aware of large gifts, and make an effort to overcome any bias associated with them. Small gifts have an easier time going unnoticed by the recipient, who is therefore less aware of any resulting bias and makes no effort to overcome it.

Statutes can cover any topic

as long as they do not violate the constitution

According to a psychology study, which of the following distributions of prizes is a child most likely to choose for himself and another child:

1 prize for himself and 0 prizes for the other child: Children value having more than their peers Children place a great deal of importance on having more than their peers. They would rather have fewer prizes but be the child with the most prizes, than have more prizes overall but be surrounded by children who have as many or more than they do. This competitive tendency can lead to unethical behavior in children and adults alike.

John Rawls rawlsian

American philosopher John Rawls referred to the circumstances into which we are born, as "life prospects." In his view hard work matters, but so does luck and the type of life you into which you happen to be born. The difference principle is also a concept from Rawlsian Justice, and it is the belief that society benefits when professions that improve the community are rewarded more highly than less noble occupations. Life Principles are the rules you devise about ethics, and how you want to live your life. Deontological ethics is the belief that the results of a decision are not as important as the reason for making it.

Anand and Eleanor, New Hampshire residents, go on vacation in Amsterdam, the capital city of the Netherlands. They are surprised to discover that prostitution, which is illegal in most of the U.S., is legal in Amsterdam and has been since 1830. Anand is disgusted and thinks the practice is immoral and should be banned everywhere because, in his view, it exploits women. Eleanor thinks that prostitution is immoral, but respects that different cultures have different traditions and beliefs. What type of moral frame work is each one applying?

Anand is applying moral universalism and Eleanor is applying cultural moral relativism Anand is applying moral universalism because he believes that prostitution is always wrong, no matter what other people think. Eleanor is a cultural moral relativist, because although she is opposed to prostitution she respects that other cultures hold different beliefs

Cotton Corral is a large manufacturer of children's clothing based in Detroit, Michigan that recently signed a long-term contract to buy fabric produced by D.D.C., a company that is also based in Detroit. Government investigators recently discovered that D.D.C has contaminated a local river by dumping dye waste into it. D.D.C's behavior has harmed the river and the nearby wildlife. Yet D.D.C produces beautiful fabric that Cotton's customers love. Ernie, Cotton's CEO, is informed of D.D.C.'s behavior and is unsure if Cotton should continue to use the company's fabric. Ernie believes that a corporation has an obligation to consider the best interests of all company stakeholders, not just the shareholders. What decision is most consistent with his ethical beliefs?

Cotton should not buy from D.D.C until it stops dumping dye, because when D.D.C. harms the local environment it harms Cotton employees and their families. Ernie believes that he has a duty to stakeholders, which means he feels obligated to do what is best for the Cotton customers and employees, as well as the local community and not just to focus on shareholder profits. This obligation includes caring for the local environment and protecting local residents and employees from potential harm. Ernie should not do business with D.D.C. until it stops dumping dye, even if this means Cotton is less profitable.

The American colonists were content to adopt many English laws, including religious restrictions.

False

Pursuant to its power under the U.S. Constitution to enact laws affecting the health and safety of its residents, New Jersey lowers its highway speed limits by 10 miles per hour in hopes of reducing traffic deaths. This is an example of what aspect of our government?

Federalism

A sports team's owner is given a videotape of his star player physically assaulting his girlfriend in an elevator, causing her severe injuries. The player has not been accused of any crime. Each player's employment contract states that a player may be terminated for committing assault. If the owner fires the player, the team will win fewer games, which will result in lower attendance and lower revenues for the stadium and the team. The owner may even have to lay off some employees. The owner has always admired the thinking of John Akers, the former chairman of IBM. What would Akers advise?

Fire the player. The team may suffer financially at first, but if the public has faith in the organization, the team and the league will benefit in the long run. If the owner keeps the tape a secret and the public finds out about his actions the team - and society - will suffer harm from the loss of public trust. John Akers argued that without ethical behavior, society cannot be economically competitive. The greater the measure of mutual trust and confidence in the ethics of a society, the greater its economic strength. Although the team may be hurt financially by firing the player, the league and the team will suffer if the public views them as untrustworthy. The owner must honor the contract and fire the player.

Grace is president of Mayweather Farm, one of the largest pork producers in the US. A business consultant tells Grace that if she moves the pigs into small pens, and feeds them cheap, hormone-filled food, the Farm would gross 20 percent more each year. There is little research about housing pigs in tiny pens, although such a life seems less enjoyable for the pigs, but Grace has read medical studies that say hormones are dangerous to both pork consumers and pigs. Analyze Grace's options using the beliefs of Milton Friedman.

Friedman would advise following the consultant's advice because it would increase shareholder profits Friedman argued that a company manager's primary responsibility is to pursue the greatest profits, so he would advise following the consultant's advice because it would increase shareholder profits.

Legislative powers

Gives the ability to create new laws.

Ever since a large manufacturing plant opened a quarter mile from Stanley's house, he has been bothered by air pollution and loud noises coming from the plant. Tired of the problems the plant is causing, Stanley goes to civil court seeking a(n) ________ which is a(n) _________ requiring the plant to stop.

Injunction Court order

Utilitarianism John Stuart Mill

John Stuart Mill

In 1997, the Supreme Court declared unconstitutional a provision of a federal gun control law that required state and local governments to conduct a background check on prospective gun purchasers. Under what legal authority did the Supreme Court have the right to declare the provision unconstitutional?

Judicial power

Darby has been working for 14 months at Holden Associates, a large management-consulting firm, earning $75,000 a year while her peers at competing firms are typically paid 20 percent more and receive larger annual bonuses. Darby works at least 60 hours a week—more if she is traveling, and she has had to reschedule her vacation or cancel personal plans several times to meet client deadlines. Holden has a policy that permits any employee who works as late as 8:00 P.M. to eat dinner at company expense. Darby is in the habit of staying until 8:00 P.M. every night, whether or not her workload requires it, and ordering enough food for dinner and lunch the next day. She has managed to cut her grocery bill to virtually nothing. Sometimes she invites her boyfriend to join her for dinner who, as a student, is always hungry and broke.

No, Darby is greatly increasing her happiness while having a minimal impact on the company. Kant argued that it is important to do the right thing, regardless of the results. Utilitarians believe that a correct and ethical decision is one that maximizes overall happiness and minimizes overall pain, thereby producing the greatest benefit. In this case, Darby is greatly increasing her happiness with only a minor negative impact on the company. Therefore, a utilitarian would believe that Darby is not doing anything wrong, because the end result is a greater happiness overall.

Executives were considering the possibility of moving their company to a different state. They wanted to determine if employees would be willing to relocate, but they did not want the employees to know the company was contemplating a move because the final decision had not yet been made. Instead of asking the employees directly, the CEO hired a firm to carry out a telephone survey. When calling the employees, these "pollsters" pretended to be conducting a public opinion poll and identified themselves as working for the new state's Chamber of Commerce. They asked the employees if they would move, and if they liked working for the company. Then they reported all the information, including who said it, to the company. The CEO told the firm it must keep this a secret. Would the CEO have conducted the poll if he had considered his behavior under the front page test?

No, because the company deceived the employees and the CEO asked the firm to keep this a secret The front page test asks people to consider how they would feel if their actions and decisions became public. If they would not want their behavior to be public then it fails the front page test. Ethical behavior can fail the front page test if the person has a valid reason for keeping it secret. In this case, the poll caused harm because the employees were outraged when they found out

The president has nominated Judge Mukae to be a federal judge. Before Judge Mukae can be confirmed (that is, officially appointed) she must be ______________________ as a result of our system of _____________________

approved by the senate Checks and balances

Vikas earns too much for his own children to qualify for free school lunches, but he does not object to the state providing them for children from low income families, even though this program increases the taxes he must pay. He recognizes that his and his children's life prospects are very different from those of the families receiving free lunches. He also knows that he would want his children to have free lunches if his family needed them. Vikas' thinking is most closely aligned with:

Rawlsian Justice John Rawls was a philosopher who suggested that the life prospects into which we are born have a powerful impact on our life. He also argued that we should consider what rules we would propose if we faced a "veil of ignorance," that is, if our life prospects could change dramatically, which is consistent with why Vikas supports the free lunches.

A state trial court held that Raynes Inviolated its contract with Cranwell Management. Raynes appealed the decision to the state appellate court. If the appellate court remands the case, it is most likely because:

The trial court failed to admit necessary evidence.

When Sonya Celebrity reads an embarrassing article about herself in Fame magazine, she becomes very worried about damage to her reputation. During her lawsuit against Fame, the magazine's lawyer argues that his client's rights are protected by the Constitution, specifically the right to free press. Is this a civil or criminal lawsuit? On what part of the Constitution is Fame magazine's lawyer basing his argument?

This is a civil lawsuit, and Fame magazine is basing its argument on the First Amendment to the Constitution.

The day-to-day work of enforcing statutes is handled by

administrative agencies

Burglar Bob breaks into Vince Victim's house. Bob steals a flat-screen television and laptop and does a significant amount of damage to the property before he leaves. Fortunately, Vince has a state-of-the-art security system. It captures excellent images of Bob, who is soon caught by police. Assume that two legal actions follow, one civil and one criminal. Who will be responsible for bringing the civil case? What will be the outcome if the jury believes that Bob burgled Vince's house? Who will be responsible for bringing the criminal case? What will be the outcome if the jury believes that Bob burgled Vince's house? 1. who will bring the civil case? 2.Who will bring the criminal case? 3. In the criminal case, is the district attorney Vince's attorney? 4. Will there be a defendant in both the criminal and civil cases? 5. What could happen to Bob if the jury in the civil case believes that he burgled Vince's house? 6. What could happen to Bob if the jury in the criminal case believes that he burgled Vince's house? 7. If Bob is found guilty of a crime, it means he probably violated . Suppose that Criminal Carl breaks into Vince Victim's house, steals the TV and does terrible damage to the property. However, when the police tell Vince they have footage of Carl committing the crime, Vince no longer wants to press charges because he and Carl were friends when they were children. 8. If Vince does not want to bring an action against Carl, what will happen to the civil case? 9. If Vince does not want to bring an action against Carl, what will happen to the criminal case? 10. True or false: A defendant can still go to jail even if a victim does not want to go forward with a case.

Vince The Government No the district attorney represents the government yes, bob will be the defendant in both cases bob may be required to pay vince money bob may go to prison and/ or pay the government a fine a statute There will be no civil case the government may decide to bring a criminal case against carl true

Congress passes a bill, but the president vetoes it. Can the bill still become a statute?

Yes. Congress can override the veto if 2/3 of its members vote in favor. The bill will then become a statute.

The system of government used by the Iroquois Native Americans and the League of the Iroquois was the inspiration for our government by providing an example of a(n):

a two-level government each with its own specific powers

Kuehn v. Pub Zone and Soldano v. O'Daniels both involve attacks in a bar. Should they have the same result? If so, in which way—in favor of the injured plaintiffs or owner-defendants? If not, why should they have different outcomes? What are the key facts that lead you to believe as you do? 1. Why did the court impose liability on the defendant in Kuehn v. Pub Zone? 2. If the gang members in Pub Zone had not been wearing their colors, Kerkoulas would have been . 3. In general, does a business have a duty to protect a customer? 4. In Soldano was the issue whether or not the bartender had a duty to rescue O'Daniels? 5. In Soldano did the bartender have a reason to know about the danger to O'Daniels? 6. Would it have been highly expensive or inconvenient to the Circle Inn if the bartender had allowed the good Samaritan to use the phone? 7. Was it possible for the bartender to foresee that O'Daniels was potentially in great danger? 8. Was the harm to O'Daniels more foreseeable to the bartender because of his occupation? 9. Would holding the bartender liable in Soldano impose more or less of a duty than holding the bartender liable in Pub Zone? Imagine that in Soldano the good Samaritan had asked the Circle Bar bartender to run across the street to Happy Jack's Saloon and break up the fight. What if in Pub Zone, Kuehn had been assaulted by people who were not known gang members? 10. If the Circle Bar bartender had refused to come break up the fight would he have been more likely to have violated a duty than when he refused to let the good Samaritan call the police? 11. If the people who had assaulted Kuehn had not been known gang members, Pub Zone would .

because the harm to the plaintiff was reasonably forseeable less likely to be liable when there is reason for the business to know about the danger the issue was whether the bartender had a duty to let the good samaritan use the pone to call for help yes because the good samaritan told the bartender no, probably not yes, because bar fights can be extremely dangerous yes, bartenders probably have reason to know that bar fights can be particularly dangerous less of a duty he would have been less likely to have violated a duty have been less likely to be liable

Brooks and Allegra work very hard on a start-up technology company together. The company begins receiving lots of press in various tech magazines, and the articles always emphasize that Allegra's ideas are the driving force behind the company. Brooks is outraged. It is very likely that:

brooks overestimated his own contributions to the company Brooks and Allegra both want their company to succeed, so there is no reason to think that they have a conflict of interest. People tend to overestimate their own contribution to a group effort. In evaluating the worth of their own contributions and in making a decision that affects them, it is very hard to be objective.

The Founding Fathers gave each of the three branches of government power over the other two branches, a concept called

checks and balances

The government itself prosecutes the wrongdoer in a case involving behavior so threatening that society outlaws it. This kind of case involves:

criminal law

Laura believes strongly in the teachings of her religion. However, she does not believe that organized religions should go on missions abroad to convert people because she respects that other communities have their own traditions and beliefs that may be as valid as those of her religion, even if she does not share them. Laura's perspective is an example of:

cultural moral relativism

civil law

regulates the rights and duties between private parties

John Stuart Mill believed that the results of a decision are not as important as the reason for making it.

false

Precedent set in South Carolina courts is binding on all courts in the U.S.

false

Research shows that money can contribute to happiness, but the impact disappears once household income exceeds $500,000.

false

The Secretariat is the UN body charged with maintaining international peace.

false

Which of the following are actions that a court has the authority to take when a defendant violates an injunction?

fine the defendant imprison the defendant

Which of the following are the basic liberties granted by the First Amendment?

free press free exercise of religion free speach

Which of the following are the two most significant achievements of The Constitution?

guarenteeing basic liberties to all citizens, creating a limited government of three branches

Throughout history, we_________had laws that we now regard as immoral.

have

feudalism has

high regard for the land

If you were to slip on some ice and injure your knee, and you wanted someone to help you, the best scenario for you would be

if you were on a sidewalk with one other person

As he is walking down the street, Arlo sees a child lying in the road who seems to have been hit by a car. Since Arlo cannot be sure, he ignores the child and goes out for dinner. Unattended, the child dies in the street. Which of the following are terms that describe Arlo's actions?

immoral legal

The UN's General Assembly

is composed of all its member nations, which propose and vote on resolutions The United Nation's General Assembly is composed of all its member nations, which propose and vote on resolutions. The UN's Security Council is composed of 15 member nations and is charged with maintaining international peace. The Secretariat, headed by the Secretary General, administers the day-to-day operations of the UN.

Immanuel Kant

is the best-known proponent of Deontology. He believed in the categorical imperative, which holds that you should not do something unless you would be willing to have everyone else do it, too. He also believed that human beings possess a unique dignity and that no decision that treats people as commodities can be considered just. The philosophy that a correct decision maximizes overall happiness is a fundamental belief of Utilitarian Ethics. The difference principle, which posits that society is better off if people have an incentive to work hard, is a concept from Rawlsian Justice.

A criticism of moral relativism is

it can be used to condone bad behavior

Critics of John Stuart Mill argue that

it is difficult to measure and predict benefit and harm accurately

Under the _______ theory of jurisprudence, the law is what the sovereign says it is.

legal positivism

Sam, a prosecutor, dreads trying a case in front of Judge Brainard, because the judge is a former defense attorney. In assuming that Judge Brainard is unable to overcome any pro-defense biases that she may have, Sam is applying which theory of jurisprudence?

legal realism

Both Rebecca and Holly were born in New York City. Rebecca's family was very wealthy. She attended elite private schools, obtained desirable internships from her parents' friends, and was tutored for the SATs by recent graduates of Ivy League colleges. Holly spent a good part of her childhood homeless. She attended some of the worst schools in the city and spent every free minute working minimum wage jobs. Rebecca's grades and SAT scores were much higher than Holly's. Rebecca's parents believe that her high SAT scores were a product of her talent and hard work. Proponents of Rawlsian Justice would observe that Rebecca's SAT scores were dramatically affected by

life prospects

A benefit of stare decisis is its ability to

make the law a principle

Martin Luther King, Jr. disobeyed an injunction in Birmingham, Alabama that prohibited him from speaking publicly because he was African-American. He was jailed for his disobedience. King argued that the law in Birmingham was invalid because it was unjust. Which theory of jurisprudence was he applying?

natural law

Josh and Colin are driving down the highway in Josh's new convertible. Josh steps on the gas and accelerates to 110 miles per hour, almost double the 60 mile an hour limit. Colin urges Josh to slow down, saying, "The law is the law, and you should follow it even if you think it's unfair." Josh responds, "It's unjust to have a law about how fast people can drive their own cars. Let's see how fast I can go!" In this scenario, Josh and Colin's differing legal philosophies seem to adhere most closely to:

natural law for josh, legal positivism for colin

The word "deontological" comes from the Greek word for

obligation

precedent comes from

on the laws and customs of england

In the case Kuehn v. Pub Zone, the court ruled

the bar had a duty to protect its patrons from reasonable harm

Miles thinks recycling is a burden. He almost tosses his empty soda can in the trash, but instead drops it in the recycling bin, thinking, "If EVERYONE stopped recycling it would be terrible for the planet!" This type of reasoning demonstrates:

the categorical imperative

Judicial power

the right to interpret laws and determine their ability

To pass Congress, a bill must get a simple majority vote from both The House and Senate.

true

In 1994, when the Arizona Supreme Court decided the case of Hernandez v. Arizona Board of Regents, it found a duty of care to avoid providing alcohol to underage consumers. If in 2017 a plaintiff from Flagstaff, Arizona brings a lawsuit against a student group at an Arizona university for providing alcohol to members under the legal drinking age, will the Hernandez v. Arizona Board of Regents case serve as precedent (assuming no court has overturned it)?

Business Law

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