EXAM
Question 1
0.27 / 0.27 pts
The stability and predictability of the law are essential to business activities.
True
False
Question 2
0.27 / 0.27 pts
The courts, in interpreting statutory law, may rely on sources outside of the statute (such as past precedent) as a guide to what the legislature intended.
True
False
Question 3
0.27 / 0.27 pts
Consider the following facts: As a judge, Baxter applies common law rules. These rules develop from:
Decisions of the courts in legal disputes
Regulations issued by administrative agencies
Statutes enacted by Congress and the state legislatures
Uniform laws created by legal scholars
None of the above
Question 4
0.27 / 0.27 pts
Consider the following facts: The North Carolina state legislature enacts a law that violates the U.S. Constitution. This law can be enforced by:
No one
The federal government only
The state of North Carolina only
The United States Supreme Court only
Individual business owners
Question 5
0.27 / 0.27 pts
Consider the following facts: Martin Luther King, Jr. played a singular role in the most significant social movement in the history of the United States—the Civil Rights Movement. King has been chronicled in books and movies, and is featured on mementoes, some of which are offered for sale by PriceMart Corp. Under the principles discussed in “A Sample Court Case,” Rosa and Raymond Parks Institute for Self-Development v. Target Corp.” (pp. 21-23 of the textbook), PriceMart’s sale of these items most likely:
Constitutes misappropriation
Implies something false about King’s legacy
Is a qualified privilege to communicate on matters of public interest
Violates the common law right of publicity
All of the above
Question 6
0.27 / 0.27 pts
A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers.
True
False
Question 7
0.27 / 0.27 pts
To have standing to sue, a party must be “standing” in the geographical jurisdiction of the court in which a suit is filed.
True
False
Question 8
0.27 / 0.27 pts
Consider the following facts: Marty files a suit against Norah, Inc. in a state court over an employment contract. The case proceeds to trial, after which the court renders a verdict. The case is appealed to an appellate court. After the highest state court’s review of Marty v. Norah, a party can appeal the decision to the United States Supreme Court:
If Marty wants to challenge the result
If a federal question is involved
If a question of state law remains
Under no circumstances
If the amount in controversy exceeded $75,000
Question 9
0.28 / 0.28 pts
Consider the following facts: SPF Sunscreen Corporation and Taylor agree to resolve their dispute through arbitration. The arbitrator’s decision is called:
A conclusion of law
A finding of fact
An administrative ruling
A verdict
An award
Question 10
0.28 / 0.28 pts
Consider the following facts: Daniel files a lawsuit against Ava, alleging that she failed to pay him for two months’ labor at her Choice Cheese Factory. Ava denies the charge and claims that Daniel breached their contract to produce a certain quantity of cheeses and owes Ava damages for the breach. Ava’s claim is a:
Counterpoint
Cross-complaint
Impleader
Qui tam proceeding
Counterclaim
Question 11
0.28 / 0.28 pts
Constance Bagley, in her article “What’s Law Got to Do With It?” suggests that business people should view law purely as a constraint and focus on compliance.
True
False