Business Law Test 1


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Side ASide B
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.
Taken together, the Necessary and Proper Clause and the Commerce Clause, provides justification for:
broad Congressional regulation of business
Negotiation is always:
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 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 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...
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...
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 or False? In Skinner v. Railway Labor Executives Assn, the Supreme Court held that all mandatory breath, urine, and blood tests are unconstitutional warrantless...
True or False? The Supreme Court has gradually moved more and more to restrict political speech by commercial interests.
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.
True or False? In general, the Supreme Court holds it constitutional for Congress to regulate most every aspect of business.
True or False? The punishments for crimes are determined at the discretion of a court at trial.
The copying of a genuine item without authorization, especially when passed off as the original item is
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...
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...
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...
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...
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,...
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...
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:
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:
is most of the entire value of the property
The law provides protection to intellectual property owners through which legal action?
Which of the following has the power of eminent domain?
all levels of government
The Federal Circuit Court of Appeals has primary responsibility for reviewing which kinds of cases:

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