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30 terms

Business and Public Law

TEST 1
STUDY
PLAY
Congress passed a law imposing penalties for displaying "indecent" material online where children could see it. If the US Supreme Court subsequently rules that the statute conflicts with the first amendment of the U.S. Constitution, the statute is void.
True
A rule that establishes who may testify on your behalf in court is an example of a substantive rule of law.
False
Wilfred was driving too fast for the icy road conditions and hit Sally's Car. Sally can sue Wilfred in criminal court.
False
Under the natural law of jurisprudence, an unjust law is no law at all.
True
Common law is a body of cases decided by legislatures.
False
Ethics is the study of how people should act.
True
Primary methods of alternative dispute resolution include litigation and mediation.
False
Generally, mandatory arbitration provisions in a contract are valid.
True
Summary Judgement is appropriate when there are no essential facts in dispute.
True
In order for a federal court to have jurisdiction, there must be a federal question involved and at least $75,000 in dispute.
False
An appeals court can rule that a trial court's ultimate ruling was correct even if the trial court made some minor errors during the trial.
True
The doctrine of stare decisis, though vital to the creation of the common law when this country was settled, is not important to our modern, complex society.
False
While at the park, Tasha saw a small child fall into the lake. Tasha did not know the child. Under the common law of most states, Tasha has a legal duty to take reasonable steps to assist the child if Tasha is able to provide positive assistance and the assistance will not jeopardize Tasha's well being.
False
If the President vetoes a bill and if both the House and Senate repass the bill by a two-thirds margin, the bill becomes a law.
True
Administrative agencies exist at the federal, state, and local levels.
True
By creating three independent and equal branches of the federal government, the U.S. Constitution limited the federal government's power.
True
Hall was arrested for burning the U.S. flag in a protest of governmental policy. His action is protected under the first amendment's guarantee of free speech because the flag burning is considered symbolic speech.
True
The "takings clause" prevents the government from taking private property for any reason
False
A tort is a violation of a duty imposed by the civil law.
True
If Gloria threw a rock which hit Merle, she is liable for an intentional tort of battery only if she intended to injure or harm Merle.
False
A sales clerk at Braybon's Department store observed a customer remove a ring from a display case and put it in her purse. In most states, Braybon's will be able to detain the customer for suspicion of shoplifting.
True
Punitive damages are intended to punish the defendant for conduct that is extreme and outrageous
True
Krista, the director of sales at Trein, Inc., had supervised Rex's work for eight years. Rex applied for a job at E-Presto, Inc. E-Presto called Krista for a recommendation. In giving the recommendation, Krista will be protected from a claim of defamation by a qualified privilege provided she acts in good faith.
True
Palsgraf v. Long Island Railroad Co. addressed the issue of furnishing alcohol to minors.
False
Contributory negligence is followed by most states.
False
In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.
False
Every criminal defendant has a right to a jury trial.
False
In order for the government to obtain a criminal conviction, it must prove its case beyond reasonable doubt.
True
Criminal defendants have the right to a lawyer at all important stages of the criminal process.
True
Entrapment can be a defense to a criminal act.
True