Business Law
Negligence per se literally means ______.
"negligence in or of itself"
Which of the following is a true statement regarding the use of assumption of the risk as a defense available to defendants?
Assumption of the risk is a defense to a negligence claim.
Which of the following is true of an easement?
An easement is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.
A(n) ______ is an order either forcing a person to do something or prohibiting a person from doing something.
An injunction
The taxing power of the federal government is established in ______ of the U.S. Constitution.
Article I section 8
of the U.S. Constitution states that government may not pass any "Law impairing the Obligation of Contracts."
Article I, Section 10
Presidents claim the power to issue executive orders on the basis of their ______, constitutional power to "take care that the laws be faithfully executed."
Article II, Section 1
______ of the U.S. Constitution states that "Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States."
Article IV, Section 2,
______ of the U.S. Constitution contains the full faith and credit clause
Article one section four
Which of the following is an inaccurate statement regarding battery?
Assault and battery are always synonymous.
Which of the following is an accurate statement regarding legal remedies and equitable remedies for a breach of contract?
Both legal remedies and equitable remedies are potentially available in a breach of contract action.
Under UCC how are compensatory damages calculated when seller breaches contract for the sale of goods?
By finding the difference between what the buyer would have paid for the goods under contract and the market price
Identify a true statement about the comparison between a leasehold estate and a fee simple absolute estate.
The holder of a leasehold estate has a possessory interest only, while the holder of a fee simple absolute estate has an ownership interest.
Which of the following is an accurate statement regarding the taxing power of the federal government?
The tax rate imposed by Congress must be uniform from state to state.
is a business tort that includes criticism of the quality, honesty, or reputation of a business or product in printed form.
Trade libel
Which of the following is an inaccurate statement regarding trade libel?
Trade libel and slander of quality are synonymous.
In the context of contract law, which of the following is an accurate statement regarding the legal implications of a unilateral mistake?
In general, a unilateral mistake does not void a contract.
Which of the following is an accurate statement regarding lost property? Multiple choice question.
In most states, the finder of lost property has title to the lost goods against all except the true owner.
The ______ provides that the Constitution, laws, and treaties of the United States constitute the supreme law of the land. Multiple choice question.
Supremecy clause of the us constitution
Which of the following is an accurate statement regarding nominal damages in tort cases? Multiple choice question.
Nominal damages signify that a plaintiff has been wronged by a defendant even though the plaintiff suffered no compensable harm.
Which of the following is an accurate statement regarding the tolling of the statute of limitations and contract enforcement?
Once the statute of limitations has tolled, neither party can any longer sue the other for a breach of contract.
Which of the following is an inaccurate statement regarding the America Invents Act (AIA)?
Per the AIA, the last person to file a patent application in the United States for an invention will be deemed to have rights in the invention.
power consists of the residual powers retained by each state to safeguard the health and welfare of its citizenry.
Police
_____ and state governors can issue executive orders requiring officials in the executive branch to perform their functions in a particular manner.
President
When a judge is the fact-finder in a case, the trial is called a(n) ______ trial.
bench
is a procedure during which the name of the defendant and the alleged crime are recorded in the investigating agency's or police department's records.
booking
What is the legal effect of the destruction of a contract's subject matter due to no fault of the parties? Multiple choice question.
both parties are discharged from their contract obligations
bribery includes a bribe in exchange for new information or payoffs.
commercial
In the context of defamation, what does "intentional publication" mean?
communicating a false statement about someone to a third party
Contracts containing conditions affecting the performance obligations of the parties in a contract are called ______ contracts.
conditional
With a(n) ______, if a certain required event fails to occur or a specific prohibited event occurs, the interest will be terminated.
conditional estate
______ damages are also known as special damages.
consequential
damages are also known as special damages.
consequential
Where can an absolute privilege arise?
courtroom
What condition in a contract is not explicitly stated but is inferred from the nature and language of the contract?
implied
assault is an examploe of a ___ tort
intentional
torts occur when a defendant takes an action intending that certain consequences will result or knowing certain consequences are likely to result.
intentional
monetary damages can be referred to as
legal damages
Which of the following schools of legal interpretation dictates that judges take into consideration factors other than the law, such as social and economic conditions, when deciding a case?
legal realism
The assortment of rules and regulations put forth by ______ is called statutory law.
legislatures
If defamation is published in a permanent form, it is known as ______.
libel
A(n) ______ is granted for the lifetime of an individual.
life
Replacing one of the original parties to a contract with a third party is referred to as a(n):
noviation
Destruction of a contract's subject matter due to no fault of the parties constitutes ______ impossibility.
objective
Which of the following is not a type of computer crime?
one that generates proceeds for an eventual computer purchase
Which of the following provides greater stability and predictability to the law?
precedent
When courts rely on ______, they are obeying stare decisis.
precendent
which of the following is NOT a promary objective of tort law
punish wrongdoer
Which of the following damages are imposed to punish the defendant and deter such conduct in the future?
punitive
When does negligence per se apply?
when a defendant has violated a statute designed to protect the class of individuals to which the plaintiff belongs from a certain type of harm
When does discharge by performance occur?
when both parties fufill their obligations
treaty
a binding agreement between two states or international organizations.
A future interest usually exists in conjunction with which of the following real property interests at the time that it is granted?
a life and conditional estate
Which of the following does not constitute a trade secret? Multiple choice question.
a patent
Which amendment to the U.S. Constitution contains the equal protection clause, which prevents states from denying "the equal protection of the laws" to any citizen? Multiple choice question.
14th
Since ______, private citizens have been using the False Claims Act to sue employers on behalf of the government for fraud against the government.
1986
In which year was the Mail Fraud Act passed?
1990
During which decade was the Sarbanes-Oxley Act passed?
2000s
In asserting the contributory negligence defense, the defendant must prove which of the following?
The plaintiff's conduct fell below a reasonable standard of care and contributed to his or her injury.
bribery
______ is the offering, giving, soliciting, or receiving of money or any object of value for the purpose of influencing the judgment or conduct of a person in a position of trust.
For a mutual mistake to interfere with legal consent, it must involve all but which of the following?
a buyer who relied on the sellers sales talk
Which of the following is entitled to trademark protection? Multiple choice question.
a distinctive design
Which of the following refers to the right a patent holder gives others to manufacture and/or sell the patented object?
a license
Which of the following is not a requirement for proving a strict liability case?
a negligent or intent-based act on the part of a defendant
cause is the determination that a defendant's breach of duty resulted directly in the plaintiff's injury.
actual
Which of the following is a gift made by a person during his or her lifetime?
an inter vivos gift
A(n) ______ occurs when one person places another in fear or apprehension of an immediate, offensive bodily contact.
assault
Which of the following is not a means of acquiring ownership of property?
assumption
is a defense available to defendants where a defendant must prove the plaintiff voluntarily undertook the risk the defendant caused.
assumption of risk
Torts against persons are ______ acts that harm an individual's physical or mental integrity.
intentional
Police power consists of all except which of the following?
international trade agreement
Criminal proceedings generally begin when an individual ______ a crime. Multiple choice question.
is arrested for a
Case law is the collection of legal interpretations made by ______.
judges
A ______ is a possessory interest, but not an ownership interest, transferred by contract. Multiple choice question.
leasehold estate
Until recently, the most economically destructive computer crime to date was the creation of the ______ virus, which spread rapidly in May 2000. Multiple choice question.
love bug
Stare decisis
means "standing by the decision." Multiple choice question.
Which of the following is not patentable?
musical compositions
Which of the following is not a required element of battery?
negligent (by the defendant)
Corporations engage in ______ speech when they support a particular candidate or referenda.
political
Which of the following is an example of pretexting?
posing as an employee of a telecommunications carrier to obtain the telephone records of an ex-spouse
The ______ of the U.S. Constitution prohibits states from discriminating against citizens of other states when those nonresidents engage in ordinary and essential activities
privileges and immunities clause
is an affirmative defense to a defamation action.
privledge
Which of the following requires the government to use fair procedures when taking the life, liberty, or property of an individual or corporation? Multiple choice question.
procedural due process
Which of the following refers to the right to go onto someone's land and take part of the land or a product of it away from the land? Multiple choice question.
profit
Unlike in a civil procedure, the ______ always brings the criminal case in a criminal procedure.
prosecuter
According to the ______ defense, the court determines the percentage of fault of a defendant, and the defendant is then liable for that percentage of the plaintiff's damages.
pure comparative negligence
How is the amount of liquidated damages which may be awarded by a court determined?
specified in contract
True or false: Strict-liability offenses are offenses that do not require state of mind.
true
Which of the following is an example of a global trade law
North American Free Trade Agreement
Which of the following is a true statement regarding political speech? Multiple choice question.
Not all corporate speech is political speech.
Which constitutional clause combats discrimination because it applies whenever government treats individuals differently than other similarly situated individuals, usually through a classification scheme?
equal protection clause
The establishment clause is present in the ______ Amendment to the U.S. Constitution.
first
Which amendment to the U.S. Constitution includes the free-exercise clause? Multiple choice question.
first
The ______ school of jurisprudence is tied closely to the pursuit of fairness in our society.
identification with the vunerable
Jackie negligently causes serious physical and economic harm to Roberto in a car crash. In the negligence action, Jackie would be referred to as the ______.
tortfeasor
A(n) ______ arrangement occurs when the holder of a patent issues a license to use the patented object only if the licensee agrees to buy some nonpatented product from the holder.
tying
Which of the following is a major obstacle to genuine assent in contracts?
undue influence
Once a plaintiff has established that the defendant owes her a duty of care, she must prove that the defendant's conduct ______ that duty. This violation is called a breach of duty.
violated
Tort is a French word meaning ______.
wrong
In the context of contract law, which of the following terms refers to an erroneous belief about the facts of a contract at the time the contract is concluded?
a mistake
Which of the following is not a requirement for proving a strict liability case? Multiple choice question.
a negligent or intent-based act on the part of a defendant
______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.
a trade secret
A defendant's violation of a duty of care owed to the plaintiff is known as a(n) ______ that duty.
breach of
Pursuant to the requirement of substantive due process, laws affecting fundamental rights must bear a substantial relationship to a(n) ______ government purpose.
compelling
The most frequently awarded damages are ______ damages.
compensatory
______ damages are based on damage or harm to property, lost wages or profits, pain and suffering, medical expenses, and other actual damages.
compensatory
Intellectual property comes from ______.
creativity
Four distinct torts, collectively called invasion of privacy torts, protect an individual's right to _____. Multiple choice question.
keep certain things out of public view even if they are true
On the death of the holder of a(n) ______, the property will go to another party as designated by the original grantor. Multiple choice question.
life estate
A ______ issues the arrest warrant.
magistrate
a lowest ranking judicial official
magistrate
Stare decisis
means "standing by the decision."
To satisfy the ______ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property. Multiple choice question.
substantive
According to the ______ of the Fifth Amendment to the U.S. Constitution, when government takes private property for public use, it must pay the owner just compensation for the property.
takings clause
property is property that can be identified by the senses.
tangible
Parties can discharge their contractual duty by making an offer to perform and being ready, willing, and able to perform. This offer of performance is known as ______.
tender
If a seller, without the knowledge of the buyer, changes the price of the contract, the buyer can treat the contract as ______.
terminated
Which of the following is not one of the three federal laws that have aided in the fight against business-related crimes? Multiple choice question.
the Bush-Cheney Doctrine
Contributory negligence as a defense applies in cases in which ______.
both the defendant and the plaintiff were negligent
The ______ school of legal interpretation suggests that society examine the costs and benefits associated with legal alternatives.
cost-benefit analysis
he purpose of ______ law is to punish an offender for causing harm to public health, safety, or morals.
criminal
The government's right to exercise ______ is an example of condemnation.
eminent domain
A ______ is commonly defined as a wrong or injury to another, other than breach of contract.
tort
Which of the following is a recognized category of intentional torts?
torts against economic interests
True or false: In 1991, there was a shift to determinate sentencing, under which federal sentences are determined largely by sentencing guidelines prescribing a specific range of possible penalties for each crime. True false question.
true
The Sarbanes-Oxley Act of 2002 intends to limit ______. Multiple choice question.
white collar crimes
Consequential damages are ______ damages that result from special facts and circumstances arising outside the contract itself.
foreseeable
The ______ clause of the First Amendment to the U.S. Constitution includes the absolute freedom to believe in God, a god, more than one god, or no god at all.
free-exercise
Ownership by confusion only involves ______.
fungible goods
protect the expression of creative ideas.
Copyrights
Which of the following is an accurate statement regarding copyrights? Multiple choice question.
Copyrights do not protect the ideas themselves, but instead protect the fixed form that expresses the ideas.
Identify the primary source of authority for federal regulation of business.
the commerce clause of the U.S. Constitution
If a condition precedent does not occur when discharging a contract, ______.
the contracting party's duty to perform does not arise
When a person owns an undivided interest in land, he or she owns ______
the land, the airspace rights, the water rights, and the other subsurface rights
When a person owns an undivided interest in land, he or she owns ______. Multiple choice question.
the land, the airspace rights, the water rights, and the other subsurface rights
In the context of the discharge of contracts by law, what is the legal effect of impossibility of performance?
the parties to the contract will be discharged
Which of the following rights is not protected by the First Amendment to the U.S. Constitution?
the privilege against self incrimination
Ownership of property is referred to as ______.
title
extortion is also known as
to blackmail
Which of the following is not a pertinent question to ask in applying the Central Hudson test for commercial speech?
Does the regulation violate the Tenth Amendment to the U.S. Constitution?
Which of the following is not a pertinent question to ask when applying the Central Hudson test for commercial speech?
Does the speech advance the cause of capitalism and free-market economics?
Which of the following is an incorrect statement regarding legal remedies and equitable remedies for a breach of contract?
Equitable remedies and legal remedies are known as money damages.
Identify the torts that are collectively called invasion of privacy torts. (Check all that apply.)
False light Public disclosure of private facts Intrusion on an individual's affairs or seclusion Appropriation for commercial gain
Courts have interpreted the Ninth Amendment, in conjunction with the ______ Amendments, as providing individuals with a right to privacy. Multiple choice question.
First, Third, Fourth, and Fifth
Which of the following is a true statement regarding the Fifth Amendment's due process clause? Multiple choice question.
For businesspeople and corporations, the Fifth Amendment's due process clause provides extensive protection.
The purpose of the ______ is to combat the bribery of public officials. Multiple choice question.
Foreign Corrupt Practices Act
Categories of intentional torts include all but which of the following?
torts against social responsibility
______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors. Multiple choice question. Trade dress
trade secret
A ______ is a distinctive mark, word, design, picture, or arrangement that a producer uses in conjunction with a product.
trademark
International agreement
treaty
Concurrent conditions occur when each party's performance is conditioned on the performance of the other.
true
Express conditions are explicitly stated in the contract.
true
The constitutional amendments are a limit on actions of the government and the behavior of private employers.
true
When courts attempt to determine whether a reasonable person would have owed a duty to others, they consider all but which of the following questions?
How likely was it that a crime would be committed?
Which of the following is true when there is a mutual mistake in a contract? Multiple choice question.
When both parties to a contract are mistaken about either a current or a past material fact, either party can rescind the contract.
Suppose that a negligence case is tried in a pure comparative negligence jurisdiction and the jury determines that the defendant was 30 percent responsible for the plaintiff's harm and that the plaintiff was 70 percent responsible for her own harm. The plaintiff's damages are $100,000. How much money, if any, will the plaintiff recover from the defendant?
$30,000
What amendment to the constitution extended the requirement of due process to criminal proceedings?
14th
According to the Bill of Rights, which of the following is a true statement regarding commercial speech?
Commercial speech is broader than just advertisements.
Another name for case law is ______ law.
Common
Today, most federal regulations are exercises of ______ authority according to the commerce clause of the U.S. Constitution.
Congressional
federal:state
Constitutional law refers to the general limits and powers of the ______ and ______ governments as stated in their written constitutions.
In the context of the discharge of a contract by law, which of the following is an accurate statement regarding subjective impossibility of performance?
It does not discharge the parties' obligations under a contract.
Which of the following is an inaccurate statement regarding a Good Samaritan statute?
It imposes strict negligence liability on a passerby who assists a person in need even though the assistance was given gratuitously.
What is the legal effect of a minor breach of contract?
It may entitle a nonbreaching party to damages, but it does not discharge the nonbreaching party from the contract.
Identify the true statements regarding posttrial procedure in criminal proceedings. (Check all that apply.) Multiple select question.
Judges are given certain factors to consider in sentencing, such as the defendant's criminal record. The guidelines for judges to consider in sentencing for white-collar crimes have been established.
_____ actions, called statutes, are an important source of law.
Legislative
Which of the following is an accurate statement regarding negligence? Multiple choice question.
Negligence involves the failure to exercise reasonable care to protect another's person or property.
whats determinative of how much money blaire will receive in punitive damages?
Nigels wealth and income(person who did something wrong)
Which of the following is an example of an independent administrative agency
The Consumer Product safety comission
Which of the following is an accurate statement regarding criminal procedure versus civil procedure?
The U.S. Constitution provides more express protections for a criminal defendant than for a civil defendant.
Which of the following is not an example of an independent administrative agency?
The Veterans Administration
The commerce clause is located in Article I, Section 8, of the _____. Multiple choice question.
US Constitution
The supremacy clause is located in Article VI of the _____.
US constitution
Which of the following is an accurate statement regarding extortion and bribery?
While bribery is offering something to obtain a desired result, extortion involves a threat if the victim does not give money or property.
How is embezzlement distinguishable from larceny? Multiple choice question.
With embezzlement, the defendant does not take the property from another; instead, the defendant is already in possession of the property.
When a(n) ______ privilege exists, one cannot be sued for defamation for any false statements made.
absolute
In an accord and satisfaction, the promise to perform the new duty is called the ______, and the actual performance of that new duty is called the ______.
accord; satisfaction
A(n) ______ and ______ is used when one of the parties wants to substitute a different performance for his original duty under the contract. Multiple choice question.
accord;satisfaction
When a party files bankruptcy, the court allocates the assets of the bankrupt among the bankrupt's creditors and then issues the party a(n) ______ in bankruptcy.
discharge
When a party's obligations under a contract are terminated they are said to be
discharge
In bankruptcy, once the bankrupt's assets have been distributed to his or her creditors, the bankrupt's debts are ______.
discharged
______ is a business tort that occurs when a statement is intentionally used to defame a business product or service.
disparagement
Which of the following is a true statement regarding assault?
does not have do involve bodily function
Which constitutional clause restricts the states' authority to pass laws that substantially affect business between states?
dormant commerce
A plaintiff uses the doctrine of ______ to allow the judge or jury to infer that, more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care. Multiple choice question.
res ipsa loquitur
______ is the termination of a contract.
rescission
In the context of patent licensing, a ______ is a sum of money paid for each use of the patented process.
royalty
Which of the following is not an accurate statement regarding disparagement? Multiple choice question.
Disparagement and unfair competition can be used interchangeably.
Today, most federal regulations are exercises of congressional authority according to the
commerce clause of the constitution
Compensatory damages are foreseeable damages that result from special facts arising outside the contract.
false
Suppose Jim goes door-to-door selling vacuum cleaners at an amazing discount. To obtain the discount, customers must pay immediately, and the vacuum cleaner will be delivered to them in three to five business days. However, Jim possesses no vacuum cleaners and does not plan to deliver any. Jim has committed the crime of ______. Multiple choice question.
false pretense
Exclusive rights to ownership and possession of the land belong to the person who has a(n)
fee simple absolute
Identify a purpose of awarding punitive damages in a tort case. Multiple choice question.
to deter others from engaging in an activity similar to the defendant's
Which of the following is a primary objective of tort law? Multiple choice question.
to provide compensation for injured parties
Which of the following is a purpose of awarding punitive damages in a case?
to punish the defendant
Negligence is behavior that creates a(n) ______ risk of harm to others.
unreasonable
The full faith and credit clause requires that every state court __________ contracts and public acts established in other states.
uphold?
The responsibility imposed on a person for damages caused by another is known as
vicarious liability
According to the ______ exception to the search warrant requirement, courts have ruled that warrantless searches authorized by the Federal Mine Safety and Health Act are legal because the federal regulatory presence is comprehensive and well defined.
pervasive-regulation
According to the ______ exception to the search warrant requirement, if an industry has a long history of well-established regulation, a warrantless search is not unreasonable.
pervasive-regulation
During which decade did the U.S. Congress pass the America Invents Act?
2010s
There are ______ types of damages in tort cases.
3
The ______ Amendment to the U.S. Constitution prohibits government from conducting unreasonable searches of individuals and seizing their property to use as evidence against them.
4
Which of the following is an accurate statement regarding contract alteration by one of the parties to an agreement?
The alteration must be material for the innocent party to be discharged from the contract.
Administrative law is the collection of rules and decisions made by ______ agencies.
administrative
Which amendment to the U.S. Constitution states that the government cannot deprive a person of life, liberty, or property without due process of law? Multiple choice question.
5
Which constitutional amendment contains the takings clause?
5th
Specific performance is also called specific ______.
enforcement
actus reus
guilty act
Which of the following is not prohibited by the establishment clause of the First Amendment to the U.S. Constitution?
he freedom to practice religion as an individual sees fit
Contractual conditions may be either ______ by law or ______ inserted into a contract by the parties in the contract.
implied;expressley
Which of the following is an accurate statement regarding objective impossibility?
it discharges the parties obligations under contract
A ______ occurs when a party fails to perform his or her obligations under a contract.
breach
damages are designed to reimburse a plaintiff for his or her losses. Multiple choice question.
compensatory
Usually, injunctions are prohibitions against ______.
actions
Which of the following must the government demonstrate to punish an individual for criminal behavior?
actus reus and mens rea
Which of the following is not a good reason to forgo filing a lawsuit for breach of contract?
possibility of getting better results from the court through ADR
A condition ______ is a particular event that must occur for a party's duty to arise.
precedent
A(n) ______ defense occurs when the defendant admits to an accusation but argues that there is a reason he or she should not be held liable.
affirmative
if defamation is made orally it is
slander
Identification with the vulnerable
the school of jurisprudence is tied closely to the pursuit of fairness in our society
Which of the following is not a primary objective of tort law?
to punish wrongdoers
The ______ of the statute of limitations is the expiration of the time allowed by the statute.
tolling
Which of the following is not a relevant factor in determining the appropriate amount of punitive damages?
wealth of plantiff
procedural due process
which requires the government to use fair procedures before depriving a person of his or her life, liberty, or property.
False ______ is the illegal obtaining of property belonging to another through materially false representation of an existing fact, with knowledge of the falsity of the representation and with the intent to defraud.
pretense
Using one's property in a manner that causes a neighbor to be subjected to flooding, vibrations, excessive noise, or smoke could lead to a(n) ______ claim.
private nuisance
Which constitutional clause prohibits states from discriminating against citizens of other states when nonresidents engage in ordinary and essential activities?
priveleges and immunities
The Racketeer Influenced and Corrupt Organizations Act prohibits persons employed by or associated with an enterprise from engaging in a pattern of ______ activity.
racketeering
how often are punitive damages awarded in breach of contract cases
rarely
property is land and everything permanently attached to it. Multiple choice question.
real
Real property is commonly referred to as ______. Multiple choice question.
realty
Bribery of a public official is a ______ offense under federal law.
statutory
In the context of sources of business law, the assortment of rules and regulations put forth by legislatures is called _____.
statutory law
Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law prevents individuals from exercising a fundamental right, the action will be subject to ______.
strict scrutiny
In the context of impossibility of performance, ______ impossibility means it would be very difficult to carry out a contract.
subjective
According to the intermediate scrutiny standard, a law is constitutional only if it is ______ related to an important government objective.
substantially
To satisfy the ______ due process requirement, the government must have a proper purpose for enacting laws that restrict individuals' liberty or the use of their property.
substantive
Which constitutional amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people"?
9
in most cases, ______ are licensed in exchange for the payment of royalties. Multiple choice question.
patents
Specific ______ is an order requiring the breaching party to fulfill the terms of an agreement.
performance
World Trade Organization
The _____ serves as a world court adjudicating trade disagreements that threaten to disrupt international trade. Multiple choice question.
Under the strict scrutiny test, suspect classifications include all but which of the following?
age
To be eligible for equitable damages, the plaintiff must have
an adequate legal remedy
Which of the following is not a defense that relieves the defendant from liability even when the plaintiff has proved all four elements of negligence in a negligence case?
consumption of the harm
According to judicial interpretation of the ______ clause of the U.S. Constitution, no law can be passed that will unreasonably interfere with existing contracts.
contract
Pursuant to the substantive due process requirement, which of the following rights protected in the Constitution does not bear a substantial relationship to a compelling government purpose?
controlled rent
substantive
due process refers to the basic fairness of laws that may deprive an individual of life, liberty, or property.
A(n) ______ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.
easement
Torts against ______ are intentional acts that harm an individual's physical or mental integrity.
persons
The ______ clause of the U.S. Constitution states that each state must respect the legislative acts of sister states.
full faith and credit
Which of the following are types of property interests?
future permanent temporary
Which of the following are types of property interests? Multiple select question.
future, permanent, temporary
Business managers must be familiar with ______ trade laws that regulate business practices among nations.
global
If, consistent with his contractual duty, a painter shows up at a home with his paint and ladder and is ready to begin painting the garage, he _____.
has tendered performance upon arrival at the house
One of the most often used guidelines for shaping the law is tradition, or custom, which is also called the ______ school of legal interpretation.
historical
Which of the following schools of jurisprudence recognizes that the ill, children, the aged, the disabled, and the poor require assistance to meet their fundamental needs of life, health, and education?
identification with the vulnerable
Pursuant to the equal protection clause of the Fourteenth Amendment to the U.S. Constitution, if a law's classification scheme is based on gender or on the legitimacy of children, courts use ______.
intermediate scrutiny
In the context of impossibility of performance, ______ impossibility means it is in fact not possible to lawfully carry out one's contractual obligations.
objective
The death or incapacity of a party whose personal services are necessary to fulfill the terms of the contract constitutes ______ impossibility.
objective
