2. T__ F__ In the case of Ashcroft, Attorney General v. The Free Speech Coalition, the United States Supreme Court set aside portions of the Child Pornography Prevention Act, because the Act violated the First Amendment's free speech clause.
3. T__ F__ Most states use specialized courts to handle commercial litigation.
4. T__ F__ General jurisdiction trial courts hear evidence and testimony.
5. T__ F__ Decisions of state supreme courts can always be appealed to the U.S. Supreme Court.
6. T__ F__ There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.
7. T__ F__ The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed.
8. T__ F__ Even where a long-arm statute is present, a defendant must have had some minimum contact with a state for that state's courts to have jurisdiction over the defendant.
9. T__ F__ A forum-selection clause allows parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.
10. T__ F__ In an answer filed for a lawsuit, the defendant must present the defendant's version of the events described in the complaint.
11. T__ F__ A statute of limitation provides time limits for initiating lawsuits.
12. T__ F__ In general, a party must wait until the trial to find out the facts of the other party's case.
13. T__ F__ The U.S. Supreme Court has upheld the use of arbitration to solve employment disputes.
14. T__ F__ A party can be liable for defamation for truthful statements if the statement hurts the plaintiff's reputation.
15. T__ F__ True statements can be the basis for commission of the tort of invasion of the right to privacy.
16. T__ F__ Intentional infliction of emotional distress requires that the conduct be outrageous.
17. T__ F__ Conversion occurs when someone deprives the rightful owner of personal property of the use and enjoyment of that property by treating it as her own.
18. T__ F__ Assumption of the risk, if present, prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.
19. T__ F__ In order to be liable for intentional interference with contractual relations, the defendant must have breached a valid existing contract.
20. T__ F__ Statutes are the primary source of criminal law.
21. T__ F__ It is a crime for a United States citizen to bribe a foreign official even if the conduct takes place entirely outside of the United States.
22. T__ F__ A corporate director can be held individually liable for a crime the director committed on the behalf of a corporation, but cannot be held liable for crimes committed by his or her subordinates.
23. T__ F__ In order to meet the consideration requirement, the legal detriment suffered by each party must have been given in exchange for that of the other party.
24. T__ F__ The level of intoxication allowing a party to disaffirm a contract is the same as that considered too intoxicated to legally operate a motor vehicle.
25. T__ F__ In a negligence action, all parties in the product's chain of distribution are liable for the injury, even if only one party was negligent.
26. T__ F__ Greenman v. Yuba Power Products Inc. is a landmark product liability case involving the tort or intentional misrepresentation.
27. T__ F__ Under comparative negligence, if a plaintiff is found by the jury to be 25% negligent and the damages are $100,000, the plaintiff would only recover $25,000.
28. T__ F__ Under the maximizing profits theory of the social responsibility of business, it is improper for a business to undertake charitable acts for the benefit of society if doing so reduces profits.
29. T__ F__ Under the stakeholder interest theory of the social responsibility of business, a business has obligations to both shareholders and employees, but not to others.
30. T__ F__ In order for an offer to be valid, an offeror must promise to undertake some affirmative action.
31. T__ F__ An implied-in-fact contract is one based on the conduct of the parties.
32. T__ F__ A valid informal contract is just as enforceable as a valid formal contract.
33. T__ F__ Under the Uniform Computer Information Transactions Act, a license is a contract that transfers limited rights in intellectual property and informational rights.
34. T__ F__ An intellectual property licensing arrangement is a method used to transfer certain rights of use, but not ownership, of intellectual property.
35. T__ F__ In order to register for a domain name, the U.S. Patent and Trademark Office must issue an authorization that the name is available and is not confusingly similar to existing names.© BrainMass Inc. brainmass.com October 25, 2018, 1:03 am ad1c9bdddf
1. F__ Businesses that are organized in the United States are subject to its laws, but not to the laws of other countries in which they do business.
For example, these businesses have to comply with the other countries' taxation and labor laws
2. T__ In the case of Ashcroft, Attorney General v. The Free Speech Coalition, the United States Supreme Court set aside portions of the Child Pornography Prevention Act, because the Act violated the First Amendment's free speech clause.
Two provisions of the Child Pornography Prevention Act of 1996 were set aside because these provisions reduced "the freedom to engage in a substantial amount of lawful speech."
3. T__ Most states use specialized courts to handle commercial litigation.
Several states such as California, New York and Delaware have provided special courts or divisions for business suits.
4. T__ General jurisdiction trial courts hear evidence and testimony.
Evidence and testimony are given at general-jurisdiction trail courts while most appellate courts do not have the authority to hear testimony or take evidence.
5. T__ Decisions of state supreme courts can always be appealed to the U.S. Supreme Court.
6. T__ There is concurrent state and federal jurisdiction for diversity of citizenship cases so long as the minimum amount in controversy is met.
Yes, the jurisdiction is concurrent, meaning that the case may be filed in either the state or the federal courts. Title 28 of the US Code, Section 1332 defines the requirements for diversity jurisdiction, but it does not require that all cases that meet the definition must be filed in the federal court.
7. T__ The concept of standing requires that the plaintiff have a stake in the outcome of the case that is filed.
Standing to sue means that to file a case, the plaintiff must have a stake in the outcome of the case.
8. F__ Even where a long-arm statute is present, a defendant must have had some minimum contact with a state for that state's courts to have jurisdiction over the defendant.
The long-arm statute is used to acquire personal jurisdiction over a defendant who is not domiciled in the state. The defendant must have sufficient minimum contacts with the state so that it is reasonable and fair to require the defendant to appear and be subjected to full personal jurisdiction in the state
9. T__ A forum-selection clause allows parties to a contract to designate and agree to the jurisdiction of a court that otherwise might not have personal jurisdiction.
Identifying the jurisdiction of a court is one of the three types of forum selection clause
10. F__ In an answer filed for a lawsuit, the defendant must present the defendant's version of the events described in the complaint.
The Answer will address each paragraph in the Complaint, and each response will ordinarily take one of three forms: "admitted," "denied," "insufficient knowledge to admit or deny." An answer may also set forth various affirmative defenses, which are legal reasons why the defendant should not be held liable for the plaintiff's damages. Some of these defenses may also be the basis of a motion to ...
This solution identifies if the statement on business or law is true or false and justifies why.
Business Law: Multiple choice and true/false
Attached is a word document with some multiple choices and true or false questions.
1. T/F "Common Law" is another name for judge-made law
2. Which of the following clauses of the U.S. Constitution establishes that the federal Constitution, treaties, federal laws and federal regulations are the supreme law of the land?
a. Commerce Clause
b. Taxation Clause
c. Freedom and Liberty clause
d. Supremacy Clause
3. The Commerce Clause gives the federal government the power to regulate activities which affect:
a. Intra-state commerce
b. Purely local commerce
c. Inter-state commerce
d. None of the above
4. T/F All speech is absolutely protected under the U.S. Constitution, and may not be controlled in any way by the government.
5. California is in which federal appellate circuit?
6. Before a court will take a case, it must be shown that the court has:
a. Subject matter jurisdiction
b. Personal jurisdiction over the parties
c. Both a and b
d. None of the above
7. Which of the following statements is true regarding the Grutter v. Bollinger case in Chapter 4 of the Cheeseman e-text?
a. The law school's admission program was found to be legal.
b. The law school's admission program was found to be illegal.
c. The law school's admission program was found to be a quota based system
d. None of the above is true
8. The legal system in countries such as Germany, Belgium, Spain and Mexico is known as a:
a. Common law system
b. Civil law system
c. ADR system
d. None of the above
9. The first 10 Amendments to the Constitution are known as the:
a. Declaration of Privileges
b. Declaration of Human Rights
c. Habeas Corpus
d. Bill of Rights
10. The original purpose of the 14th Amendment to the Constitution was which of the following?
a. To settle land property disputes with Japanese Americans after World War II.
b. To ensure equal rights to all persons after World War II.
c. To ensure equal rights to all persons after the Civil War
d. None of the above