Business Law Test 1
Last Modified: 2011-09-20
1. Java and Kaffe dispute a term in their contract, have a long standing business relationship that they would like continue, a preferred method of settling their dispute may be mediation because
1. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of
1. The least expensive method to resolve the dispute between Java and Kaffe may be
1. Speech harms other good reputations on her blog. 1st amendment gives
1. Standard appeals a decision against it in favor of Top Flight, from a lower to a higher court. Standard is
1. Form an arbitration clause. If a dispute arises, a court having jurisdiction may
1. Commercial speech is given ______ protection than noncommercial speech
1. Actual malice must be shown for recovery of damages if Toni is a
1. Fact 1-1 Livewire v Power, Of 9 justices, 6 believe the judgment should be in Livewire favor. Justice Bellamy, one of the 6, writes a separate opinion. The other 4 are in favor of power. Bellamy’s opinion is
1. These opinions are collected and published in volumes called
1. The opinion joined by the minority of the justices is known as
1. Sam, a citizen of NM, wants to file a suit against Tanya, a citizen of TX, Their diversity of citizenship may be a basis for
1. Maximart employees are on strike blocking the entrance to the store. To get them away from the doors, MaxiMart should seek
1. Ike pushes Joan, who falls and breaks her arm. Ike is liable for the injury if
1. Molly files a suit against Naomi. The jury presents an advisory verdict, after which the judge meets with the parties to encourage them to settle their dispute. This is
1. Dian, a clerk at an Entertainment Unlimited store, takes a DVD player from the store without permission. Dian is liable for
the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly (jury selection)
1. each branch of gov’t has some power to limit the actions of the other branches.
a. Gov’t from establishing a state sponsored religion or passing laws that promote or show a significant preference for one religion over another,
1. George has a badly infected right foot. Herb, George’s doctor, 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
1. wrongs committed against the public as a whole
Jem takes Kylas book and hides it. Jem may have committed
1. The federal gov’t and the state gov’t constitute the US legal system. This system is based on the legal system of
1. In export co v imports inc., there is no precedent on which the court can base a decision. The court can consider
1. A 3rd party renders an opinion as to how a court would likely decide the dispute. This is
1. Wisconsin, like other states, may regulate private activities to protect or promote the public order, health, safety, and general welfare under its
1. Moby, a resident of New Jersey, has an accident with Ogden, a resident of NY, while driving through the state. Ogden files a suit against Moby in NY. Regarding Moby, New York has
1. Jill is an appellate court judge. In this capacity, Jill establishes a rule of law. Under the doctrine of stare decisis, the principle must be adhered to by
1. Krystal is a federal judge. Krystal judicial decisions are part of case law. This law includes interpretations of primary sources of law. These sources include
1. Corporate political speech is given _______ protection
1. What are the primary and secondary sources of law?
1. Federal statutes apply to _______
1. What are the two aspects of stare decisis
1. Understand a citation to the United States Code
1. Where are court decisions published?
he party who appeals a trial court decision he/she/it has lost.
1. What are the specific functions of checks and balances?
1. What are the functions of police powers?
1. reasonable restrictions.
1. What is guaranteed by the Free Exercise Clause?
1. Understand due process and the requirements of procedural due process.
1. How do long-arm statutes function?
1. Understand federal questions and diversity of citizenship jurisdiction
1. Understand US District Courts
1. Understand deposition and interrogatories
1. Understand negotiation, mediation, and arbitration
1. Carefully understand intentional torts against persons
1. Trespassers normally can be removed from the premises through the use of_______without the owners being liable for assault, battery, or false imprisonment
1. What is the duty of professionals
1. Understand superseding cause
1. negligence per se
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