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:

 

D​ecisions 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

 

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