Download BUL 3310 Exam 1 Study Guide: Tort Law, Corporate Law, and Legal Reasoning and more Exams Contract Law in PDF only on Docsity!
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Tort law is a subset of private law that seeks to compensate the injured party for the loss caused by the actions of another. True False - ansTrue Res judicata is best defined as - ansA controversy that has been litigated and forever settled between the parties Today, scholars argue the role of the corporation is to maximize the return on investment of shareholders. True False - ansFalse Deductive reasoning requires one to ____. - ansuse major and minor premises to draw logical conclusions It is the function of a grand jury to determine the guilt or innocence of a defendant in a capital case.
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True False - ansFalse Big Corporation (BC) is an American business incorporated in the State of Delaware. Its principal place of business is in New Jersey. Franklin lives in New York. For purposes of diversity of citizenship, Big Corporation is a citizen of - ansBoth Delaware and New Jersey Sue failed to file an answer or respond in any way to a complaint and summons. The court will enter a motion to dismiss against her. True False - ansFalse The first of the pleadings in a civil case is filed by the plaintiff and contains the allegations he is making against the defendant. This document is called the_________. - ansComplaint
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For misdemeanors, the government brings charges against the accused in a (n)__________. - ansInformation Bob's Beer and Booze Barn classfies a clerk as a "managerial assistant" and assigns menial supervisory duties to this employee, that do not meet the department of labor (DOL) standards, to avoid paying overtime wages. Bob "knows" the clerk will not be aware that these new supervisory duties do not meet the requirements of the DOL and does not expect the department of labor will look into the classification if the clerk does not contest their status with the DOL. This practice is: - ans-Unethical and contrary to the spirit of the employment laws -Unethical and contrary to the letter of the employment laws Fat Frank's Pies falsified federally mandated tests on his "all natural no calorie" "Fat Pies" to introduce a
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new type of weight-loss pie. Which of the following is true with respect to his actions: - ansFat Frank behaved unethically Fat Frank can potentially face criminal liability for his actions. Fat Frank can be sued in tort in civil court. Gaggle Inc. decides to wrongly infringe on Chirp Chirp's patent and establish a similar "knock-off" product because Chirp Chirp is just a small start-up company and they lack the money to litigate in court with Gaggle, Inc.
Gaggle, Inc. is: - ansUnethically exploiting their power and size in the marketplace. Bob's Beer Barn and Booze is in a price war with Lucy Liquor's. Bob has talked to his attorney to find out if he can illegally bring a meritless lawsuit against Lucy that may potentially shut her down.
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an erroneous finding of fact. This is a ground for a court to review the merits of the award.
True False - ansFalse Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to review the sufficiency of the evidence.
True False - ansFalse Gaggle, Inc., and Chirp Chirp, Inc., have their dispute resolved in arbitration. The arbitrator makes an erroneous finding of fact. This is a ground for a court to set aside the award.
True
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False - ansFalse Federal law prevails if federal and state statutes conflict.
True False - ansTrue Police powers are part of the enumerated powers granted to the federal government.
True False - ansFalse Powers not specifically delegated to the federal government or to the states are reserved to the federal government.
True False - ansFalse
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All of the above may be used by the courts. - ansAll of the above may be used by the courts. Legal reasoning limits one's ability to see more than one side of a question.
True False - ansFalse Profit-maximization theory holds ____. - ansRational self-interest can lead to economic prosperity Failure to obey the order of a court of equity can result in imprisonment. True False - ansTrue What is the minimum amount of damages a plaintiff must allege to get into Federal District Court based on a federal question?
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There is no jurisdictional amount when the issue is a federal question. - ansThere is no jurisdictional amount when the issue is a federal question. A judge has the power to render a judgment that differs from the jury's verdict if he/she believes the verdict was against the weight of the evidence. True False - ansTrue What is the purpose of the pre-trial conference in a civil case? - ansSettle a case without having to go to trial
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Crimes such as murder and rape, which are recognized as heinous in all civilizations, are examples of malum prohibitum crimes. True False - ansFalse Acts which are wrongful in themselves and prohibited by almost all civilizations are classified as ______________crimes. - ansMalum in se Contract and tort law are examples of public law True False - ansFalse Courts often use transcripts of the legislative hearings and debates that preceded a law's passage to determine the purpose and reach of a law. This background is called a law's legislative ______. - ansHistory Ethical conduct is also necessarily legal.
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True False - ansFalse An important step in the application of the legal reasoning process is ____.
Identifying the general area of the law
Determining the relevant facts
Deciding the specific legal rules applicable to the facts
All of the above are important steps in the legal reasoning process - ansAll of the above are important steps in the legal reasoning process Interlocutory decrees are issued by courts of law with limited jurisdiction. True
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___________ to determine Congress's intent. - ansThe courts A court cannot instruct the jury that it may take the failure of the accused to testify as evidence of guilt. True False - ansTrue Ann is the head of the accounts payable department in a large corporation. She set up a bank account in the name of a fictitious supplier and deposits a check in it every month. She is the owner of the account. Because Ann is an employee entrusted with making out checks for her employer, what crime has she committed? - ansEmbezzlement Knowledge of the law allows one to identify legal risks and completely eliminate liability flowing from those risks.
True
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False - ansFalse Bill sued Ted for libel over statements Ted published in the company newsletter. A jury heard the case and found that no libel had occurred because the statements were true. Bill is very unhappy with this decision, but cannot sue Ted again over these statements because of the doctrine of - ansStare decisis An individual's best argument may be fashioned by the application of legal reasoning. True False - ansTrue It is the function of the jury to decide the facts that are in dispute in a case. True False - ansTrue Which of the following is NOT a power of the courts?
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Dan is the appellant.
Dan must file a notice of appeal within a prescribed time.
Dan must post a bond to cover the judgment and court costs.
There are no wrong answers: a, b, and c are all true.
- ansThere are no wrong answers: a, b, and c are all true. The dormant commerce clause refers only to laws passed by the states and not to those passed by the federal government. True False - ansTrue If a private employer denied an employee the right to speak freely about political issues in the
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workplace, the employee could not claim a First Amendment violation because the element of _____________is missing. - ansState action In common law, a child under age seven is presumed to lack the mental capacity to form criminal intent. True False - ansTrue Traditionally in common law, children were presumed to lack sufficient understanding to form the intent necessary to commit a crime if they were under the age of
7
