Choose Correct History of U.S Constitution Flashcards

Blaw

29 cards   |   Total Attempts: 182
  

Cards In This Set

Front Back
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.
True
Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:
Broad Congressional regulation of business
Negotiation is always:

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.
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.
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.

False
If a negotiation is conducted properly:
Almost nothing said in negotiation will be usable in a later court case

One key area in which mediation is often used is:

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.
False
True or False? The Supreme Court has gradually moved more and more to restrict political speech by commercial interests.
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.
True
True or False? The punishments for crimes are determined at the discretion of a court at trial.
False