Business Law Exam 1
When all the judge or justices agree on a decision a majority opinion is written for the entire court
False
Which of the following is true regarding the use of peremptory challenges based on gender?
Peremptory challenges many not be based on gender
The elements of negligence are duty, breach of duty, causation and damages.
True
The requirement that lawsuits are to be heard by the Court nearest to the location in which the incident occurred or where the parties reside is venue
True
Under the authority of a long arm statue, a court can exercise personal jurisdiction over certain out of state defendants.
True
Failure to live up to a standard of care may be an act or an omission.
False
Falsifying public records or altering a legal document is larceny.
False
Medical Imagining uses, in its radio ads, a recording by Angie (who owns the rights) without paying for the use. Over time, the song comes to be associated with Medical Imagining. In Angie's suit against Medical Imagining, the firm is most likely liable for...
Appropriation
Live testimony taken under oath before the actual trial is a discovery device is known as a(n)
Arbitration
Jayne develops a new color of lipstick. To market her lipstick, Jayne uses a computer design program to show a famous model using Jayne's lipstick. Jayne does not ask the model's permission. The model can sue Jayne for:
Appropriation
Brian sneaks up on Tom, hits him with a baseball bat and knocks him unconscious. Tom never saw Brian coming. Tom wakes up with a horrible headache. Which of the following torts has Brian committed?
Battery
Beth files a civil suit against Marcus. To succeed Beth must prove her case
By a preponderance of the evidence
Beth is a passenger in a car that Caleb is driving when an accident occurs. Both Caleb and Beth are emotionally rattled, but neither is physically hurt. Caleb is not liable to Beth on a negligence theory because:
Caleb apparently did not intend to cause an accident
Kimberly, the owner of Littleton Cinema, trust Max to manage the theater's daily cash flow. One night, without Kim's knowledge or consent, Max takes and keeps $1,000 from the receipts. This is most likely...
Embezzlement
After both sides have rested their case, only plaintiff's attorney makes a closing argument
False
Corporate officers cannot be liable for crimes
False
Corporations, unlike persons, cannot be liable for crimes.
False
In a criminal case, the state must prove its case by a preponderance of the evidence.
False
Minimum contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant
False
Moral pressure constitutes false imprisonment.
False
For purposes of diversity of citizenship a corporation is a citizen only of the state in which it is incorporated.
False, a corporation is also a citizen of its principal of business, if the two are different.
Florida's criminal self-defense law is known as the "non-retreat law."
False, it's Stand Your Ground
When a neutral third party assists the parties in trying to reach a resolution of their dispute this is arbitration
False, mediation is the correct answer
A decision by the US District Court for the Middle District of FL would be appealed to the ninth court of appeals
False, the decision would be appealed to the eleventh circuit court of appeals
The votes of nine US Supreme Court justices are necessary to grant an appeal before the US Supreme Court
False, vote of four us Supreme Court justices are necessary
Fresh Harvest Co., which is based in GA, packages and sells veggies. Hayden, who is a resident if IN., buys a Fresh Harvest food product, eats it, and suffers severe food poisoning. Hayden wants to file a suit against Fresh Harvest. The diversity of citizenship between these parties means that...
Federal and state courts have concurrent jurisdiction
Megan reaches into Ned's pocket and takes his wallet—without his consent and without his immediate awareness. Unlike robbery, picking pockets does not involve:
Force of Fear
Brady knows that the brakes on his car do not work, but he tells Calliope, a potential buyer, that there are no problems with the car. On this assurance, Calliope buys the car. On learning the truth, she may sue Brady for:
Fraudulent misrepresentation
Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of...
Hidden Risk
Mary Motorist has been pulled over by Charlie Cop for speeding in a school zone. Mary offers Charlie $100 in cash if he'll send her on her way with a warning. Charlie rejects her offer. What is the criminal liability for Mary and for Charlie?
Mary can be found guilty of bribery when she offered the $100 but Charlie is not liable as he rejected the bribe
A MD state court can exercise jurisdiction over National Insurance Co. an out of state if the firm has...
Minimum contacts with the state
The PA legislature enacts a state law that violates the US constitution. This law can be enforced by...
No one
Rafael causes a multi-vehicle accident on a city street. Rafael is liable to:
Only those whose injuries could have been reasonably foreseen
A provision in the CA state constitution conflicts with a provision in the US constitution. If challenged...
The US constitution, not the state provision, will be enforced
Jane enters a contract with Jill to provide100 roses for a dinner party. Jill fails to deliver the roses. Jane initiates a suit against Jill asking the court to order Jill to refund Janes payment. Jane is...
The plaintiff
Max files a suit against Elyce. The document that informs Elyce that she is required to respond is...
The summons
Corporate officers and directors may be held criminally liable for the actions of employees under their supervision.
True
If the defendant does not answer the complaint a default judgments is entered against the defendant
True
In Florida, a felony of the third degree is punishable by up to five years in state prison.
True
Kevin run a red light and hits Laura's car. She sues an claims the following losses...
current and medical expenses