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Business Law Final
Terms in this set (60)
The issue in the Hertz case wa
Whether complete diversity existed
The purpose of civil court
to make whole
This means jurisdiction over the person
in personam jurisdiction
This source of law is a collection of legal interpretations made by judges
The Supreme Law of the Land
Who makes decisions about the law
A boundary line dispute with your neighbor is:
private law, civil
Stare Decisis means
The burden of proof in a civil case is
preponderance of the evidence
In the State Court system, for most of the country anyway, what is the trial court called?
Which federal appellate court is Virginia in?
The court favors arbitration agreements (T/F)
Which of the following is an example of Exclusive Federal Court Jurisdiction
The most formal type of ADR
The Virginia Supreme Court justices serve for life (T/F)
You believe your boss has discriminated against you based on your sex. You immediately file a lawsuit in court against the company failing to exhaust your remedies with the EEOC. This case will be dismissed by the court based on which legal theory
The panel of prospective jurors is called
Bob Smith is suing Jan Hersey for breach of contract. Bob wants to see Jan's text messages with TMobile for the last 6 months because he believs she has admitted to breaching the contract in her texts. TMobile has all the texts stored on their server. Jan has no texts stored. How does Bob get the text messages?
Sends a subpoena to T-Mobile asking for the text messages
Which is an acceptable ground for an arbitrators award to be overturned
The award was the result of corruption, fraud or other undue means
The last US Supreme Court Justice to be appointed to the court is
The three branches of government establish
Separation of Powers
The case that established judicial review was
Marbury v. Madison
The ruling that out of state retailers must collect sales tax on products sold and remit it to the home state of the buyer was established by which case:
South Dakota v. Wayfair
California has been allowed to regulate car emissions through an agreement with the federal government. This agreement is called
Concurrent Authority under Preemption
Iowa attempted to pass a law that required semi trucks driving through the state to have a rigid and curved mudflap. This law was found unconstitutional because
The law did not regulate in the least restrictive means available
The Commonwealth of Virginia must afford its citizens the right to the 2nd Amendment of the US Constitution due to which legal theory
Which of the following is not a police power
Which is true
Dissents are roadmaps for future lawyers to argue another case in an attempt to overturn precedent.
Bob lives in North Carolina and attends CNU. Bob pays higher tuition because he is an out of state resident. Which is true
This is allowed under the Privileges and Immunities Clause
All powers that the Constitution neither gives exclusively to the federal government nor takes from the states is reserved to the states via which law
Which of the following will most likely be unprotected speech
shouting a racial slur at a person which then provokes retaliation by that person.
Which law generally deals with a person's expectation of privacy
Right against unlawful Search and Seizure
Which Amendment has not been fully incorporated to the States through the 14th Amendment?
Hate speech is generally protected by the First Amendment (T/F)
The Commonwealth of Virginia passes a law that requires doctors to have a medical license to practice medicine. Bill wants to be a doctor but does not want to attend medical school. Thus, Bill sues the Commonwealth of Virginia arguing that its law adversly affects his right to his chosen profession. In his lawsuit, the court will apply which test to this regulation to determine if it is constitutional.
Rational Basis Scrutiny
The significance of the Kelo v. City of New London eminent domain case was:
The court allowed indirect public use of private property for the first time
Illegal immigrants do not have any rights under the US Constitution (T/F)
The Bad Frog Brewery v. New York Liquor Authority case held that Bad Frog Brewery's label could not be prohibited under the Central Hudson test. At which level of the Central Hudson test did the State of New York lose its case?
Level three, the regulation did not advance the governmental interest, it did not actually protect children from profane advertising for example
The US Supreme Court upheld a federal statute that grants federal funds for state highways to only those states in which 21 is the legal drinking age. The law was upheld under which authority of Congress?
Spending authority under Art 1 Section 8
If the police violate your 4th Amendment rights, the evidence located due to that violation will be
Excluded under the Exclusionary Rule
Motive can be used by the prosecutor to help explain which of the following to the jury
Newport News former airport executive director, Ken Spirito, was convicted of which white collar crime
Fraud - money laundering
Paying a foreign official to agree to buy your firms products in exchange for the payment is best described as a crime under
Foreign Corrupt Practices Act
This defense is often used in cases where an undercover police officer sells drugs to someone.
Using or causing others to use false pretenses, fraudulent statements, fraudulent or stolen documents or other misrepresentations including posing as an account holder in an attempt to obtain records of another is called
Paul broke into his neighbors home. He is charged with burglary and his potential imprisonment is 5 years. After trial Paul is convicted and sentenced to 8 months in prison with three years of parole. Paul has which on his record
The rule of law in the Miranda case focused on which of the following
Entering a plea that does not admit guilt but does not contest the charges is called
The death penalty is often criticized as a violation of which of the following
This law makes it a felony to willfully fail to maintain proper records of audits and work papers for at least five years and punishment of up to 10 years of prison.
Sarbanes Oxley Act
The least likely discrimination case filed against an employer is
This discrimination is allowed when you are hiring someone based on their sex, religion, or national origin because it is necessary for the job.
Bona Fide Occupational Qualification
National Origin cases must have a discussion regarding "reasonable accommodation" (T/F)
Gender pay disparity as of 2020 was:
women earned .81 for every 1.00 a man earned
How many employees must an employer have in order for the ADEA to apply?
Bob is a manager. Bob tells his administrative assistant Sally that she must sleep with him if she wants to keep her job. Sally is very upset. This is most likely
Quid Pro Quo Sexual Harassment
Which person has an age discrimination case? Assume all companies meet the size reqirement for age discrimination.
Bob is 45 years old. Bob cannot get hired in a startup tech company because the young executives think he's too outdated for the position.
Intentional discrimination is called
Which State has made obesity a protected class?
Which of these caused more sexual harassment cases to be filed beginning in 2017?
The Me Too Movement
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