Exam 1 UVU Business Law
A jury's good sense and careful consideration of consequences is known as jurisprudence.
False
A tortfeasor is one who wrongfully alleges that a tort has been committed.
False
Administrative law includes only state regulations.
False
Administrative law is a source of American law that is consists of statutes.
False
Constitutional law includes only the U.S. Constitution.
False
Conversion is limited to theft.
False
Courts do not depart from precedents.
False
Criminal acts are prohibited only by federal government statutes.
False
Harm must be foreseeable to be considered the proximate cause of an injury in negligence.
False
Moral pressure constitutes false imprisonment
False
Specifically targeting the customers of a competitor is always a legitimate business practice.
False
Stare decisis is a doctrine obligating judges to help persons who have failed to protect their own rights.
False
Statutory law does not include county ordinances.
False
The Constitution expressly delegated to the states the power to regulate interstate commerce.
False
The First Amendment protects commercial speech more extensively than noncommercial speech.
False
The First Amendment protects symbolic speech without limitation.
False
The Second Amendment to the U.S. Constitution reserves all powers not delegated to the national government to the states.
False
The U.S. Constitution explicitly mentions a general right to privacy
False
The establishment clause requires a complete separation of church and state.
False
The most widely used defense in negligence actions is consent.
False
The party against whom a lawsuit is brought is the plaintiff or petitioner.
False
The states can establish laws that substantially affect trade and commerce.
False
The term police power encompasses just the enforcement of criminal laws.
False
Through tort law, society compensates those who inflict injuries on others.
False
To avoid liability for negligence, a business owner must protect its customers against all risks.
False
To commit an intentional tort, a person must have an evil or harmful motive.
False
Under the Constitution, the judicial branch is responsible for foreign affairs.
False
Whether a law is constitutional depends on its source.
False
A defamatory statement must be communicated to a third party to be actionable.
True
A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.
True
A successful defense releases the defendant from liability for a tortious act.
True
Administrative law consists of the rules, orders, and decisions of administrative agencies.
True
All powers not specifically delegated to the federal government are reserved to the states.
True
An individual's privacy rights can be protected by state law.
True
Defense of others is a defense to an allegation of assault.
True
Defense of others is a defense to an allegation of battery.
True
Failure to live up to a standard of care may be an act or an omission.
True
False imprisonment occurs when a person restrains another intentionally and without justification.
True
If it can be shown that a trespass to land was warranted, a complete defense exists.
True
In a federal form of government, the national government shares sovereign power with the states.
True
Law consists of enforceable rules governing relationships among individuals and between individuals and their society.
True
Laws and government regulations affect almost all business activities.
True
Legitimate competitive behavior is a permissible interference with a contractual relationship even if it results in a breaking of the contract.
True
Most state trial court decisions are not published.
True
Procedural law consists of all laws that outline the methods of enforcing rights.
True
Proximate cause exists when the connection between an act and an injury is strong enough to justify imposing liability.
True
Remedies in equity include decrees of specific performance.
True
Remedies in equity include injunctions.
True
Some constitutional protections apply to business entities.
True
Statutes are laws enacted by Congress and the state legislatures and comprise one of the sources of American law.
True
The Bill of Rights protects individuals against types of interference by the federal government.
True
The First Amendment prevents limits from being placed on independent political expenditures by corporations.
True
The U.S. Constitution is the origin of the authority for making laws that govern business.
True
The checks and balances in the U.S. Constitution prevent any one branch of government from exercising too much power.
True
The courts, in interpreting statutory law, may rely on sources outside of the statute (such as legislative history in response to common law precedents) as a guide to what the legislators intended.
True
The federal government can regulate almost every commercial enterprise in the United States.
True
The judicial branch has the power to hold actions of the other branches of government unconstitutional.
True
The purpose of tort law is to provide remedies for the violation of various protected interests.
True
The stability and predictability of the law are essential to business activities.
True
The taking of electronic records and data can form the basis of a conversion claim.
True
Under the supremacy clause, a valid federal statute or regulation will preempt a conflicting state or local law or regulation on the same general subject.
True