Test 1 Quizes Flashcards Preview

Legal Business > Test 1 Quizes > Flashcards

Flashcards in Test 1 Quizes Deck (59):
1

Business Markets Coalition (BMC), a political lobbying group, wants a certain policy enacted into law. If BMC's policy conflicts with the U.S. Constitution, a law concerning that policy can be enacted by:

NONE OF THE CHOICES

x- any state legislature and Congress.
x- any state legislature but not Congress.
x- Congress but not any state legislature.

2

Under the Constitution, Congress:

makes the laws

3

The state legislature of Iowa enacts a transportation statute that has some effect on interstate commerce. This statute will be:

balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce

4

The state legislature of Iowa enacts a transportation statute that has some effect on interstate commerce. This statute will be:

balanced in terms of Iowa's interest in regulating a certain matter against the burden placed on interstate commerce

5

Tori files a suit against the state of Utah, claiming that a Utah state law violates the commerce clause. The court will agree if the statute:

imposes a substantial burden on interstate commerce.

6

Levi, a citizen of Maryland, obtains a federal license to operate a commercial fishing boat in Chesapeake Bay. The Maryland state legislature enacts a law that bans all commercial fishing in the bay. The state law most likely violates:

the supremacy clause.

7

Mike, an advocate of a certain religion, publishes an article in New Times magazine concerning his religion's principles. The First Amendment guarantees Mike freedom of:

religion, speech, and the press

8

Dru, a U.S. citizen, is the owner of Egret, Inc. Egret's competitors include Feathered Friends Company (FFC), which is owned by Greg and Huey. The Bill of Rights has a series of protections for Dru against types of interference by:

the government only

9

Bailey, the president of Carmichael Commodities Company, claims that certain actions by the federal government and by the state of Delaware infringe on rights guaranteed by the U.S. Constitution Bill of Rights. All of these rights limit actions by:

the federal government only

10

Serene City enacts an ordinance that bans the use of "sound amplifying systems" on public streets. Tyler wants to campaign for a seat on the city council by broadcasting his message through speakers mounted on a truck. In Tyler's suit against the city, a court would likely hold the ordinance to be:

constitutional under the first amendment

11

Congress enacts the Tight Money Act (TMA) of 2010 to ban "major business entities" from making political contributions that individuals can make. A court would likely hold the TMA to be:

an unconstitutional restriction of speech

12

Beachside City enacts an ordinance that bans the distribution of all printed materials on city streets. Carl opposes the city's latest tax increase and wants to protest by distributing handbills. In his suit against the city, a court would likely hold the printed-materials ban to be:

an unconstitutional restriction of speech

13

A Minnesota state statute restricts certain kinds of advertising to protect consumers from being misled. A court would likely hold this statute to be:

constitutional under the First Amendment

14

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:

an unconstitutional restriction of speech

15

In 2010, Congress enacts the Act to Restrict Commercial Speech (ARCS). The ARCS will be considered valid:

if it directly advances a substantial government interest but goes no further than necessary.

16

Adult Shoppe in Beach City sells a variety of publications, including child pornography. Beach City enacts an ordinance prohibiting the sale of such materials. This ordinance is most likely:

constitutional under the First Amendment

17

Oklahoma enacts a law requiring all businesses in the state to donate 10 percent of their profits to Protestant churches that provide certain services to persons whose income is below the poverty level. PriceLess Stores files a suit to block the law's enforcement. The court would likely hold that this law violates:

the free exercise clause

18

Justice For All, a political organization, files a claim to challenge a Colorado statute that limits the liberty of all persons to broadcast "annoying" radio commercials. This claim is most likely based on the right to:

substantive due process

19

Orin claims that a Pennsylvania state statute infringes on his "substantive due process" rights. This claim focuses on:

the content of the statute

20

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. If Java and Kaffe have a long-standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation because:

the process is not adversarial

21

During the trial phase of Fuel Corporation's suit against Gas Stations, Inc., their attorneys engage in voir dire. This is:

the selection of jurors

22

The Idaho Supreme Court rules against Jiffy Mart in a case against Kwik Stop Stores, Inc. Jiffy Mart files an appeal with the United States Supreme Court. The Court does not hear the case. This:

means that the Idaho courts decision is the law in Idaho

23

Laney is a resident of Maine. Delacorte is a Canadian. They dispute the ownership of Petite Isle, an island in North Rapids River on the border between Canada and the United States. The diversity of the parties’ citizenship could serve as a basis for

federal jurisdiction

24

Lynn files a suit against Karl. Karl denies Lynn's charges and sets forth his own claim that Lynn breached their contract and owes Karl money for the breach. This is:

counterclaim

25

In Fancy Frills Corporation's suit against Glamour Stores, Inc., the jury returns a verdict in Fancy's favor. Glamour files a motion asking the judge to set aside the verdict and begin new proceedings. This is a motion for:

a new trial

26

Lora files a suit in Michigan against Ned over the ownership of a boat docked in a Michigan harbor. Lora and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio:

is a more convenient location to hold the trial

27

Edie files a suit against Frank. If this suit is like most cases, it will be:

dismissed or settled before a trial

28

Jo files a suit against Lara in a Missouri state court. Lara's only connection to Missouri is an ad on the Web originating in Nebraska. For Missouri to exercise jurisdiction, the issue is whether Lara, through her ad, has:

sufficient minimum contacts with missouri

29

Sandy, a resident of Illinois, wants to file suit against Carl, a resident of Kansas, over Carl’s failure to pay Sandy for work on his house. The amount in dispute is $15,000. Under diversity of citizenship requirements:

a federal court cannot take jurisdiction because the amount in controversy is less than 75,000

30

Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is:

negotiation

31

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of:

arbitration

32

Emil wants to initiate a suit against Fast Credit Company by filing a complaint. The complaint should include:

a statement of the grounds for the court to exercise jurisdiction

33

Sid files a suit against Tina. Before going to trial, the parties, with their attorneys, meet to try to resolve their dispute. A third party helps them to reach an agreement. This is:

mediation

34

In Restful Motel's suit against Sleepy Hotels, Inc., the jury returns a verdict in Restful's favor. Sleepy files a motion stating that even if the evidence is viewed in the light most favorable to Restful, a reasonable jury should not have found in its favor. This is a motion for:

judgement n.o.v.

35

Jim files a suit against Kay. Before going to trial, the parties meet, with their attorneys to represent them, to present their dispute to a third party who is not a judge but who renders a legally binding decision. This is:

arbitration

36

Hua, a resident of Illinois, owns a warehouse in Indiana. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in Indiana. Regarding this suit, Indiana has:

property jurisdiction

37

To prepare for a trial between Large Lots Development Corporation (LLDC) and MiniMansion Construction Company (MMCC), MMCC's attorney places LLDC's president under oath. A court reporter makes a record of the attorney's questions and the officer's answers. This is:

a deposition

38

Moby, a resident of New Jersey, has an accident with Ogden, a resident of New York, while driving through that state. Ogden files a suit against Moby in New York. Regarding Moby, New York has:

personal jurisdiction

39

Java Cafes, Inc., and Kaffe Import Corporation dispute a term in their contract. The least expensive method to resolve the dispute between Java and Kaffe may be:

negotiation because no third parties are needed

40

Oakley posts a defamatory remark about Pierre in "Roominate," an online social network maintained by SocNet, Inc., an Internet service provider. Most likely to be held liable for the remark is:

oakley

41

Ralph, a van driver for Speedy Delivery Company, causes a multi-vehicle accident on a city street. Ralph and Speedy are liable to:

only those whose injuries could have been reasonably foreseen

42

Leon files a suit against Moira, a medical doctor, alleging negligence. As a physician, Moira is held to the standard of:

a reasonable physician

43

Dom, an EZ Baked Goods salesperson, follows Flora, a salesperson for Goody Pastries, Inc., as she attempts to make sales to food stores. Dom solicits each of Flora's customers. Dom is most likely liable for wrongful interference with:

a business relationship

44

As a joke, Jem takes Kyla's business law textbook and hides it so that Kyla cannot find it during the week before the exam. Jem may have committed:

trespass to personal property

45

Cook's Pantry Appliances, a retail store, must use reasonable care on its premises to warn its patrons of:

hidden risks

46

Liz trespasses on Mega Corporation’s property. Through the use of rea­sonable force, Mega’s security guard Ned detains Liz until the police ar­rive. Mega is liable for

none of the choices

47

Bette backs out of City Parking Garage, colliding with Dill's car. Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as:

a reasonable person

48

Louis—larger and stronger than Mica—threatens to hit Mica before hitting and injuring him. Mica files a suit against Louis for assault and battery. Mica will most likely recover for:

assault and battery

49

In newspaper ads, Lo-Price Autos falsely accuses My-T Value Vehicles, a competitor, of selling stolen cars. My-T's sales decrease. Lo-Price has most likely committed:

slander of title

50

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is:

res ipsa loquitur

51

Reaching for a bottle of soda from a display in a Bargain Mart store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Bargain Mart's employees are not aware of the spilled soda until Cody falls. In a suit against Bargain Mart, Cody will most likely:

win, because the spilled soda was foreseeable

52

OK Dry-Cleaning advertises so effectively that the regular customers of its competitor Purity Cleaners patronize OK instead of Purity. This is:

none of the choices

53

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is:

superseding cause

54

Glen falsely accuses Hu of stealing from Island Tours, Inc., their employer. Glen's statement is defamatory only if:

a third party hears it

55

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks:

normally associated with the triathlon

56

Joy invites Ken into her apartment. Ken commits trespass to land if he:

refuses to leave when Joy asks him to go

57

Frank slips and falls on Guy's Harbor Tour Boat and is injured. Frank files a suit against Guy's for $500,000. If Frank is 20 percent at fault and Guy's is 80 percent, under the "50 percent rule" comparative negligence principles, Frank would recover:

400,000

58

Macy distributes a handbill among her neighbors accusing one of them—Ked—of being a convicted sex offender. The statement is defamatory only if:

the statement is false

59

caleb is driving a car in which dotty is a passenger when an accident occurs. caleb and dotty are emotionally rattled but neither is physically hurt, caleb is not liable to dotty on negligence theory because

dotty was not injured