BUSM-1110_Business Law_Ch 1-7

Imposing a ban on public smoking can serve as an example of law that adheres to what school of jurisprudence?

What refers to monetary damages that are awarded to punish a defendant who intentionally or recklessly injured plaintiff

Which is enacted under state police powers?

What is "causation in fact"?

Why have checks and balances been built into the US Constitution?

Which courts are the federal court system's trial courts of general jurisdiction?

If competitor reverse engineers a trade secret, the competitor is_____

What is a product, formula, pattern, design, compilation of data, customer list, or other covert business information?

T/F: The US considers Native American tribes as "domestic partner" nations with limited sovereignty.

Which courts hear matters of specialized or limited nature?

T/F: The US government can gag citizens from criticizing the president.

Libel and slander constitute what?

What branch of govt. has power to enact laws?

T/F: Voir dire is when judge and attorneys ask prospective jurors questions to see if their decisions are biased

Dr. Alex performed a kidney transplant on a patient. The surgery was not successful and the patient died. What is true?

State governments are given what type of powers by the US Constitution?

T/F: According to strict liability doctrine, all bystanders are entitled to same protection as consumer.

When the states ratified the US Constitution they delegated what powers to the federal government?

T/F: The first 12 circuits of the federal court system are geographical.

Which of the following is an intentional tort?

The Analytical School of jurisprudence maintains that the law is____.

What refers to alteration/modification of product by party in the chain of distribution that absolves all prior parties?

When the container of a product are not tamperproof, it is termed as what?

Which of the following protects the functionality of a patent?

What function of law allows the US citizens to practice any religion of their choice?

What is NOT an example of intellectual property?

What is cross-examination?

What is a threat of immediate harm or offensive contact?

T/F: Courts can apply a consumer expectation test to evaluate the adequacy of a product's design

What refers to an official notice that the US Supreme Court will review a case?

What is true about the state's police power?

How many justices are on the US Supreme Court?

T/F: The reasonable person standard is a test used to determine whether a tort is intentional or unintentional.

Which Article of the US Constitution created the US Supreme Court?

T/F: Stare decisis means to adhere to precedent.

T/F: Deliberation is when jurors consider the evidence and attempt to reach a decision

What branch is responsible for making federal law?

What term refers to all mfg's, distributors, wholesalers, retailers, and parts mfg's involved in the transaction?

What is considered an example of shaping moral standards, as seen as a function of the law?

T/F: A tie decision in the US Supreme Court sets precedent for later cases

What term refers to the oral testimony given by a party or witness prior to trial?

What is true when there is a defect in the design of a product?

What is considered as the supreme law of the land in the US?

What statute was enacted by congress to protect trade secrets?

If all justices on the US Supreme Court agree to the outcome and reasoning used to decide a case, it is considered what?

What type of intellectual property is protected by the Lanham Act?

What restricted a newly created US fed govt from levying and collecting taxes and regulating interstate & foreign trade?

T/F: The liability of mfg's for injuries caused by defective products is commonly referred to as product liability.

What form of government does the US operate with?

What is described as the science or philosophy of the law?

What is true about a plurality decision of the Supreme Court?

T/F: Laws should not attempt to shape society's moral standards

What function of law is being served when passing laws to protect the U.S. govt. from the risk of forceful overthrow?

The obligation people owe each other not to cause any unreasonable harm or risk of harm is know as what?

The first 10 amendments to the US Constitution are called what?

The geographical area served by each US court of appeals is referred to as what?

In litigation, the party who files a complaint is called _____.

Law is described as ________.

Which doctrine says a person is liable for harm that is the foreseeable consequence of his/her actions?

T/F: In small claims courts, the parties must be represented by a lawyer.

T/F: Legal precedent is a key feature of the Historical School of jurisprudence

What doctrine says a plaintiff who is partially at fault for their own injury cannot recover from a negligent defendant?

T/F: A tort can be considered an assault without any actual physical contact.

What doctrine raises the presumption of negligence & switches the burden of proof to the defendant?

T/F: In Federalism, the federal government and the state governments share powers.

What is a majority decision in the US Supreme Court?

What function of the law is being served when passing laws that prohibit discrimination at work?

T/F: The president is elected by popular vote.

What statue relieves medical professionals from liability of negligence when they stop and render aid in emergencies?

T/F: Patents are considered as a part of intellectual property.

What court hears appeals from trial courts?

Decisions of which court are final unless a question of law is involved that is appealable to the US Supreme Court.

What does the Supremacy Clause of the Constitution establish?

What is direct examination?

What must be obeyed and followed by citizens subject to sanctions or legal consequences?

What is a compact made between two or more nations?

What branch of govt. has the power to enforce the law?

T/F: In deciding the motion for judgment on the pleadings, the judge also considers facts outside the pleadings.

T/F: Laws in the US do not evolve with changes in social norms

What clause prohibits the government from promoting one religion over another?

T/F: The trademark symbol "TM" is used to indicate a registered mark.

T/F: The US Constitution limits the government's ability to restrict individual rights.

Statue of limitations establishes what?

Mike shot at Gary, but accidentally hit Stella with the bullet. Which can Stella use to recover damages from Mike?

What refers to the authority of a court to hear a case because of jurisdiction over the property of the lawsuit?

If Feds are not regulating an area of interstate commerce that they have power over what clause comes into effect?

What refers to a court's jurisdiction over the parties to a lawsuit?

Which of the following is suitable for copyrighting?

Intellectual property falls into a category of property known as what?

Which of the following torts constitutes battery?

What provides that federal law takes precedence over state or local law?

T/F: The Indian Gaming Regulatory Act sets the terms of casino gambling on tribal land.

T/F: Philosophers of the Natural Law School of jurisprudence emphasize a moral theory of law.

A written law enacted by the legislative branch that establishes certain courses of conduct to which parties must adhere

Casual sales and transactions are covered under the strict liability doctrine.

T/F: No new evidence or testimony is heard in the state supreme courts

Intentional misrepresentation occurs when a seller or lessor

What courts established by US Congress have limited jurisdiction?

What is a form of limited protected speech?

T/F: Negligence requires a defendant to be at fault for causing the plaintiff's injuries.