True or False? The Supreme Court held that although a state can
regulate attorneys, prohibiting lawyers from sending letters to solicit
business from potential clients is not constitutional. |
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True |
| |
Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for: |
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broad Congressional regulation of business |
| |
Negotiation is always: |
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voluntary |
| |
True or False? Before a jury has retired to consider its verdict,
either party may ask the court to grant a directed verdict based on the
evidence. |
|
True |
| |
True or False? If a party to a negotiation misrepresents the truth of his or her statements, this may lead to a claim of fraud. |
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True |
| |
True or False? If a business is found to have records in such a mess
that the other side of in a lawsuit cannot find documents it wants, the
court may punish the messy party or even rule against it in the case. |
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True |
| |
Amanda is a twenty-four year old student. For two years Amanda has
been going to gym and using weight equipment, stationary bicycles, and
step machines to improve muscle tone. One spring afternoon Amanda was
using a weight machines in the usual way (and the way she was showed how
to use it), when the machine malfunctioned causing her serious injury.
The company that made the machine, Musclematic, has known for the past
year that this problem existed, but the company took no steps to warn
people who owned or used these machines of the problem. Reference: Amanda True or False? One thing that Musclematic will not need to consider if Amanda threatens to sue is the company's goodwill. |
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False |
| |
If a negotiation is conducted properly: |
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almost nothing said in negotiation will be usable in a later court case |
| |
One key area in which mediation is often used is: |
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for labor disputes |
| |
True or False? A judge has the power to order a party to attend a
pre-trial settlement conference, even if the party refuses to settle the
case before trial. |
|
True |
| |
True or False? In Skinner v. Railway Labor Executives Assn, the Supreme Court held that all mandatory breath, urine, and blood tests are unconstitutional warrantless searches. |
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False |
| |
True or False? The Supreme Court has gradually moved more and more to restrict political speech by commercial interests. |
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False |
| |
True or False? The exclusionary rule that improperly gathered evidence
may not be used at trial applies to natural persons, not to artificial
entities such as corporations. |
|
false |
| |
True or False? In general, the Supreme Court holds it constitutional for Congress to regulate most every aspect of business. |
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true |
| |
True or False? The punishments for crimes are determined at the discretion of a court at trial. |
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false |
| |
The copying of a genuine item without authorization, especially when passed off as the original item is |
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counterfeiting |
| |
When a person deals in a security when in possession of non-public
information, and they have an obligation not to reveal or use the
information it is: |
|
insider trading |
| |
True or False? In People v. Salas, where Salas was convicted of
selling unregistered securities, the California high court held that
since he was ignorant of the requirement to register the securities, he
did not have criminal intent needed for conviction. |
|
false |
| |
In Wassell v. Adams the plaintiff was 97%
responsible for the attack she suffered in a hotel room when she opened
her door for a stranger. As a result, the jury awarded her 3% of an
$850,000 verdict, or $25,500. The appeals court held that: |
|
she would recover the three percent properly allocated by the jury |
| |
In Republic Tobacco v. North Atlantic Trading, where Republic
sued North Atlantic for telling common customers of the two firms that
Republic was in trouble for antitrust and trademark problems, the
appeals court held that Republic: |
|
had a suit for defamation |
| |
While sitting beside a swimming pool, a neighbor, Bob, a roof installer,
tells you that you should buy stock in HotNet because it is about to
skyrocket in value. You invest all your money in the stock, which then
drops to zero. You: |
|
cannot sue Bob for misrepresentation |
| |
Flush-O, a strong toilet bowl cleaner, states clearly on its package
that it is poison. Flush-O's cap is easy to remove. A small child opens a
bottle left in a bathroom cabinet, drinks some Flush-O, and is injured.
If the child's parents sue the makers of Flush-O, Flush-O is likely to: |
|
lose because of failure to warn or design defect |
| |
A medical worker was sued by a patient
for discussing the patient's medical condition with a mutual friend. The
patient most likely sued the medical worker for the tort of: |
|
invasion of property |
| |
"Big Red" is a popular car. The dash board is covered with
little steel studs. In an accident, Betty, sitting next to her boyfriend
and not wearing a seat belt, smashes her face on the dash board. The
steel studs make the injuries worse. Her boyfriend is at fault in the
accident. Betty sues the maker of "Big Red" for injuries. She is likely
to: |
|
win; the manufacturer did not exercise reasonable care to prevent foreseeable dangers |
| |
Anna transfers, to her mother Mildred, the right to use Anna's second home so long as Mildred is alive. This is known as: |
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a life estate |
| |
According to the Supreme Court, if a
government regulation reduces the value of property, it must compensate
the landowner for the loss in value if the loss: |
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is most of the entire value of the property |
| |
The law provides protection to intellectual property owners through which legal action? |
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infringement |
| |
Which of the following has the power of eminent domain? |
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all levels of government |
| |
The Federal Circuit Court of Appeals has primary responsibility for reviewing which kinds of cases: |
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patent |
| |