BUSL 255

Created by Bobcatjmo 

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44 terms

False

The United States Supreme Court cannot hold acts of Congress unconstitutional.

False

When state regulations impinge on interstate commerce, commerce must yield to the regulations.

True

The Bill of Rights protects individuals against various types of interference by the federal government.

a. any state legislature and Congress.
b. any state legislature but not Congress.
c. Congress but not any state legislature.
d. none of the above.

American Business Coalition (ABC), a political lobbying group, wants a certain policy enacted into law. If ABC's policy conflicts with the U.S. Constitution, a law embodying it can be passed by

a. the commerce clause.
b. the due process clause of the Fourteenth Amendment.
c. the equal protection clause of the Fourteenth Amendment.
d. none of the above.

Ron, the president of Standard Business Corporation, claims that an action by the state of Texas infringes on rights guaranteed by the Bill of Rights. Most of these rights apply to the states under

a. an unconstitutional restriction of speech.
b. constitutional under the First Amendment.
c. justified by the need to protect individual rights.
d. necessary to protect national interests.

Cordial Drinks, Inc., markets alcoholic beverages. A federal regulation bans the disclosure of the alcohol content of liquor on Cordial's labels and those of other marketers. A court would likely hold this regulation to be

False

Federal courts are superior to state courts.

True

Generally, a state court can exercise jurisdiction over a nonresident by showing that he or she had minimum contacts with the state.

False

The United States Supreme Court has appellate authority over all cases decided in the state courts.

a. exercise diversity jurisdiction.
b. exercise in personam jurisdiction.
c. exercise in rem jurisdiction.
d. not exercise jurisdiction.

Gail is a resident of New Hampshire. In Vermont, Gail enters into a contract with Heather, a resident of Vermont. When Gail breaches the contract, Heather files a suit against Gail in Vermont. Regarding Gail, Vermont can

a. access to related documents in Home's possession.
b. accurate information about Home's trade secrets.
c. an admission of the truth of matters not related to the trial.
d. all of the above.

Home Appliances, Inc., files a suit against Retail Sales Corporation over a contract between them. Before the trial begins, Retail can obtain from Home

a. the subject matter of the cases that a court can decide.
b. whether a case is brought by a citizen or by a business entity.
c. whether a case is being heard for the first time.
d. whether a court is exercising in personam or in rem jurisdiction.

The case of Aaron v. Baker Co. is heard in a Minnesota district court, which has original jurisdiction. The case of NuCorp, Inc. v. Olson is heard in a Minnesota court of appeals, which has appellate jurisdiction. The difference between original and appellate jurisdiction lies in

True

An assault may be committed when a person acts in a way so as to create an apprehension of offensive contact in the distant future.

True

An individual's right to privacy includes the exclusive use of his or her likeness.

True

A reasonable person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

a. any force.
b. any force, except force that is likely to cause death.
c. force that is reasonably necessary.
d. no force.

Kate believes that George is about to hit her. To prevent harmful contact in dangerous situations, a person may use

a. assault only.
b. battery only.
c. assault or battery.
d. none of the above.

Larry is sued for assault and battery. Larry can raise defense of property as a defense to the charge of

a. because a third party heard it.
b. only if Nick suffers emotional distress.
c. only if the statement is also published in the media.
d. only if the statement was made in an annoying manner.

Leo hears Mona falsely accuse Nick of stealing from their employer. The statement is defamatory

True

Title warranties arise automatically in most sales contracts.

False

A contract cannot contain both a warranty of merchantability and a warranty of fitness for a particular purpose.

True

To succeed in a product liability suit alleging a design defect, a plaintiff must show there is a reasonable alternative design.

a. an express warranty.
b. an implied warranty.
c. a warranty of title.
d. puffing.

Pat, a salesperson for Quality Textiles, Inc., shows Rosa, a fabric buyer for Style Clothing Company, samples of cloth, stating that any shipment will match the samples. This statement is

a. as is.
b. for cash.
c. in perfect condition.
d. with no known defects.

Great Goods, Inc., sells fifty MP3 players to Happy Stores, Inc. To avoid liability for most implied warranties, Great Goods should state in writing the players are sold

a. Allrite sold the oven to Jill.
b. the "defect" was a commonly known danger.
c. Jill knew and appreciated the risk caused by the defect.
d. Jill suffered an injury caused by the defect.

Allrite Products, Inc., manufactures microwave ovens. Jill discovers her Allrite oven is defective. Jill sues the manufacturer for product liability based upon negligence. To win, Jill must show

False

The President of the United States creates administrative agencies by issuing signed executive orders.

True

A subpoena duces tecum is an order to an individual or organization to hand over certain records, papers or books.

False

Final administrative rules do not have binding legal effect.

a. in a nationally distributed newspaper.
b. in a trade journal available to members of the industry.
c. in the Federal Register.
d. on a public television station.

To notify the public of a proposed rule, the Nuclear Regulatory Commission, like other federal agencies, publishes it

a. an order for specific performance.
b. a rule for parol evidence.
c. a subpoena ad testificandum.
d. a subpoena duces tecum.

Dina is a witness in a controversy involving the Environmental Protection Agency. Dina can be compelled to appear before an administrative law judge is she is served with

a. all industries.
b. highly regulated industries.
c. no industries.
d. newly regulated industries only.

The U.S. Bureau of Alcohol, Tobacco and Firearms conducts searches of certain businesses. This agency and other administrative agencies can conduct warrantless searches in

Article III

vests the judicial authority of government in one Supreme Court and such inferior courts as Congress may establish;

Article II

establishes the office of the President and invests the executive power of the government in that office; and sets forth the qualifications for the presidency

Article IV

sets forth the full faith and credit clause; the Privileges and Immunities clause and promises a republican form of government

Article V

provides two methods for amending the constitution

Article VI

sets forth the Supremacy Clause; requires an oath to support the Constitution of all Congressmen, State legislators, all State and Federal executives and specifically prohibits a religious test as a qualification to hold Federal office

Article VII

provision for ratification of Constitution

Commerce Clause

are goods moving in interstate commerce or does the activity have a "substantial effect" on interstate commerce?

Taxing and Spending Powers

Congress may lay (impose) taxes on individuals and States; may impose duties, imposts and excises; must be uniform throughout the States; may pay the debts of the US; provide for the common Defence and general welfare

Separation of Powers

to prevent one branch of government from wielding too much power or to prevent the arbitrary exercise of power by Fed government

Substantive

focus is upon the substance of the legislation: if a fundamental right is at stake, is the state's interest compelling?

Plaintiff(s)

initiate lawsuits in order to enforce or protect rights, duties or privileges

Defendant(s)

are alleged to have violated Plaintiff's rights or privileges or failed to honor a duty

The Judiciary (the courts)

interprets the law in disputes properly before the court or reviews lower court rulings for error

Article III of the Constitution

establishes a single Supreme Court and such inferior courts as Congress may deem necessary

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