CBAD 344 Test 1 - Sauls

an arbitrator is different than a mediator because an arbitrator:

special damages include pain and suffering.

to win a wrongful interference with a contract case, a plaintiff must prove which elemetns:

carla was eaten by her neighbor's pet tiger. the neighbor is responible under what theory:

the legislature can pass a statue about a statute.

what does the first amendment protect regarding religion?

a business landowner invites guestes or customers onto its premises, it has a duty to:

in what situations does the federal law preempt state law?

joe will need to prove damages when suing me for telling the class he spent time in jail

corporate political speech is protected by the 1st amendment

to whom does the rule of four apply?

2 are true of federal preemption of state law under the supremacy clause:

what authority does the federal government have under the commerce clause?

Plaintiff wants the defendant to sign papers. the remedy sought is:

whats preemption in the supremacy clause

i tell the class that joe spent time in jail for being a theif. joe did not. what can i be sued for?

what type of speech doesnt recieve 1st amendment protections?

sauls has a party at her house. sara gets drunk, starts a fight and refuses to leave. this is:

the role of a mediator is to:

voir dire is:

what does the reasonable person standard impose on a person in a negligence lawsuit?

what restrictions on business speech are allowed by the 1st amendment?

what is the lowest level of review by a court to determine government actions ?

which of the following defenses to negligence is used to assign liability porportionately to the level of harm

The law of China to the Chinese people is:

if the us supreme court determines that a state or federal law violates the us constitution, it may:

the provision of the U.S. Consitution that establisehes federal law precendence over state law

what factor should a plaintiff consider when deciding which interference tort applies to a situation?

to meet the element of intent, a pliantiff must prove that the defendant:

travic and sauls have a car accident. it is settled with a handshake agreement. this is:

political donations are protected by the 1st amendment as types of corporate politcal speech

historically, the common law developed from:

a state requiring lawyers practicing in state to be licensed is regulated by the federal government - commerce clasue

43 N.E.2nd 675 On what page in the book does this decision start?

3 criterias restrictions of commercial speech must meet to be valid

Heart of Atlanta Motel v. United States involves what clause of the Constitution?

a surgeon accidentally leaves a clamp inside your elbow after surgery. this is:

in a case of first impression, a judge may use persuasive authorities rather than precedents - under common law

if a trial court judge is deciding an issue never hear before, they:

all cases can go to federal court

whats the medium level of scrunity, that a court will use when deciding a quasi-suspect class case?

what does venue refer to?

the system of government where states form a union and share sovereign powers with central government of union:

the federal and most state judicial branches have at least 3 levels in the court system:

the free exerise clause requires any governemtn employement restirctions related to religion must statisfy 2 requirement

progess of interveiwing jurors and either approving or challenging their impartiality

when a defendant faces a negligence lawsuit, what defenses are available?

a motion that asks the court to make a decision after pleadings and discovery is completed

the 3 steps of a civil trial:

why would a superseding cause relieve a tort defendant of liability?

if the president issues an order effectively making a law, this violated:

court of appeals hear witness testimony

rick can stop his girlfriend from having an abortion

what are the 3 levels of scrunity used by courts to determine the consitutionality of a government action?

what must a plaintiff prove in an intentional tort case?

tort law provides a civil remedy for violations of which of the follwoing protected interests?

what are the two primary types of damages available for an intentional tort?

federal courts have exclusive subject matter jurisdiction over which:

in contrast to federal courts, state courts have what kind of jurisdiction?

what business speech is protected by the first amendment?

a court has personal jurisdiction over a party in which circumstances?

in a negligence actoin, a plaintiff may seek an award for compensatory damages as a result of which:

in negligence cases, people are held to the standard care of:

carli discovers that lucas has a criminal background and shares the information publicly. what intentional tort applies?

a person can be libel for liable.

when a case can be filed in multiple courts, those courts are said to have:

Jurisdiction is based on:

what a doc is filled with the court to state the position of the plaintiff or defendant in a lawsuit and ask for relief

The obligation of judges to follow preecdent is:

the principle of stare decisis does which of the following?

what is a motion?

what branch of government has the authority to enact law?

when the parties in a dispute present their arguements and evidence to a neutral 3rd party who renders a decision:

2 types of ADR that results in parties voluntarily signing a settlement agreement rather than proceeding to trial:

A corporation can be sued anywhere their website can be seen.

There are 3 sources of American law.

torts are:

State of Vermont v. Jones - Criminal or Civil case?

compensatory damages are meant to punish

People are governed by federal statutes, state statues and local statutes