49 terms


Silas asks his friend Shelby to come to his property to go fishing at his pond. If he fails to warn her that the dock has a rotten spot and she falls through and is injured, Silas would be held liable in most states.
The doctrine of contributory negligence is followed in most states.
The Sixth Amendment declares that a person cannot be tried twice for the same criminal offense.
The parties to a criminal trail are the government and the defendant.
The president has the power to remove the chairperson of the Consumer Product Safety Commission, an independent federal administrative agency, if the president disagrees with the chairperson's action.
Holt and Collins decide to hav their dispute arbitrated by corrals. Which of the following will NOT be a result of the arbitration?
Holt and Collins retain the right to a class action
When Congress passed a criminal statute called "Gun-Free School Zones Act," the Supreme Court ruled that:
The Law was not valid since Congress exceeded its power under the Commerce Clause
Trein, Inc. entered into a one-year, $1 million contract with Mia, a sports celebrity, to promote Trein's products. E-presto Inc., a competitor of Trein, was interested in having Mia promote its products but knew of her contract with Trein. E-presto offered Mia a three-year, $5 million contract. Mia left Trein and signed with E-presto. If Trein sues E-presto for tortious interference with a contract, E-presto:
will not be able to establish a justification.
A subpoena duces tecum is different from an ordinary subpoena is that a subpoena duces tecum:
requiers the person to bring specified documents to the court or administrative hearing
Ahmi was a witness in a lawsuit. When asked why he fired Rana, Ahmi replied, " Rana was fired willful misconduct." Indeed, Rana had no engaged in any misconduct. Rana will beable to successfully sue Ahmi for defamation based on what Ahmi said in court.
Unethical behavior in an organization can create
All the above
The doctrine of star decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.
Majority of the work by the legislative bodies is performed in committees.
Chelvam is the director of quality control. Chelvam rejected some parts as nonconforming to the specification. Chelvam's supervisor directs him to accept the part. Which value might give Chelvam the strength t oppose his supervisor?
Purpose of the Freedom of Information Act (FOIA)
to give citizens, businesses, and organization access to information that federal agencies are using
The Occupational Safety and Health Administration promulgated a rule requiring warehouse employees to wear hardhats when in the vicinity of an operating forklift. The purpose of the hardhats is to protect employees from danger of falling objects. This rule is:
administrative law.
Which of the following is a valid defense to a defamation claim?
All of the above.
A prospective juror was excused from serving after being questioned by the plaintiff's attorney. No reason was given for the rejection. This would be accomplished by the use of a peremptory challenge.
Zeno, Inc. is considering relocating its manufacturing facility from Illinois to Mexico City. The stakeholders in this decision might include:
All of the above
Mulcare Corp. started a compliance program to prevent and detect criminal conduct within the company and had specific, high-level officers in charge of overseeing the program. The company effectively communicated the program to its employees and monitored those employees who were in a position to cheat. It promptly disciplined anyone who broke the law. One effect of having this program is:
federal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.ederal investigators might be convinced to limit any prosecution to those directly involved rather than attempting to get a conviction against high-ranking officers or against the company itself.
Unethical behavior is a bar to financial success.
Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process?
Legal realism
In an advertisement, FreshAir, Inc. stated that its air freshener lasted for 3 hours while the competitor, Smell Sweet, lasted for only 36 minutes. In fact, Smell Sweet freshens the air for more than 2 hours. FreshAir has not violated the Lanham Act because the First Amendment's guarantee of freedom of speech applies.
A sports fan, injured by a hockey puck that flew into the stands during an NHL game, would be subject to the defense of assumption of the risk in a suit to recover for her injuries.
Gadberry lives in a "common interest development" (CID) and has parked his new pickup truck in his driveway. The Neighborhood Association informs him that, according to their regulations, he may not have a truck in the sight of passersby. The Association has made an unconstitutional restriction of the property rights of residents of the CID.
Sarah, an employee of Amex Corporation, committed a serious criminal act in an attempt to obtain a large sales order for her employer. A court found her guilty of the felony and also found the corporation guilty of criminal conduct. The company was fined $1 million. The court:
acted properly in this case.
After answering a summons and complaint, Mike received a set of written questions from the plaintiff's attorney. He was directed to respond to the questions in writing under oath. This discovery technique is called:
Runyon was ready to sign a two-year agreement with Barnett Corp. to become Barnett's sales representative for a three-state area. LaPrise, who wants to be the representative for that area, threatens Runyon with bodily harm if he takes the position. Runyon decides his physical well being is more important to him than the job, so he does not accept the position. LaPrise:
committed tortious interference with a prospective advantage.
Even if a statute's words have ordinary, everyday significance, the court will look at the legislative history of the law and public policy in order to interpret the statute.
Because of the concept of stare decisis, the U. S. Supreme Court, in interpreting a statute in 2009, will necessarily interpret certain statutory language in the same way as the U. S. Supreme Court interpreted the same statutory language in 1971.
There is only one valid reason to punish criminals -- deterrence.
Tort law is not concerned with how to respond to injury caused by criminals, as this would be addressed by criminal law.
The Miranda warning insures that the criminal suspects understand their constitutional rights relating to:
self incrimination.
The primary source of federal power to regulate business is the:
Commerce Clause.
Randi, a resident of Oregon, was involved in a auto accident while in Idaho. The other party lives in Wyoming. Randi wishes to recover the $28,000 cost to repair her car. The most appropriate court for her to file her lawsuit is in a:
state court in Idaho.
The doctrine of preemption is based on the Constitution's:
Supremacy Clause.
A jury decision in a civil case:
is achieved by informal deliberations
John Akers, former chairman of IBM, argues that ethics are not important to economic competitiveness.
The Civil Rights Act of 1964, a federal statute, forbids discrimination on the basis of national origin in employment. The Equal Employment Opportunity Commission (EEOC) is the administrative agency that oversees the law. The EEOC issued Guidelines on Discrimination because of National Origin. According to one of the guidelines, the EEOC will presume a violation of the law if an employer sets a work requirement that employees must speak only English in the workplace. This is an interpretive rule because it interprets the Civil Rights Act.
Charlie Sheen's drug use and violent behavior:
were bad enough that to warrant CBS's firing of him from a hit TV show.
In Anglo-Saxon society, men were put into groups of ten, known as a "tithing" and were individually held responsible for any injury caused by any member of the group. This is the forerunner of the idea of business partnerships.
If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill becomes law.
Obscene speech is protected by the First Amendment.
hortly after Brian started to work at Trevit, Inc., a co-worker, Ann, began asking him out. Brian said no. Nevertheless, Ann persisted. One day Ann playfully, but intentionally touched Brian "below the belt." Which statement is correct?
Ann committed the tort of battery.
Primary methods of alternative dispute resolution include litigation and mediation.
Roger assaulted Jim in a tavern, causing medical expenses and lost wages. Which of the following is true?
Roger can be prosecuted by the state for a criminal offense and Jim may sue him for money damages.
Howson won a lawsuit against Hardwick for intentionally inflicting emotional distress. The jury awarded Howson $500,000 in compensatory damages. It also awarded Howson $4 million in punitive damages because Hardwick was quite wealthy and the jury thought a large amount was necessary for Hardwick to feel the punishing effects of the judgment. How does the jury's award fit into the guidelines offered by the U.S. Supreme Court?
The punitive award is excessive because the Supreme Court has stated that the trial court may not use the defendant's wealth as an excuse to award an unreasonably high award.
A misdemeanor is distinguished from a felony based upon:
the length and place of possible imprisonment.
Congress passed the federal OSHA establishing job safety standards. Illinois passed its own statute, which had slightly more lenient standards. Illinois workers are only held to the state standards unless they are involved in interstate commerce.