Business Law Unit 2 Homework Questions Chp 6,7,8

Front 1

What two conditions must exist for federal courts to have diversity jurisdiction?

Back 1

the plaintiff and defendant are citizens of different states and the amount in dispute exceeds $75,000.

Front 2

The primary trial court in the federal system is the

Back 2

United States district court.

Front 3

A national magazine published an article about a famous television star. The television personality is upset because the information contained in the story is not correct. If the actress sues the magazine,

Back 3

she will need to show that the magazine either knew the story was false or acted with reckless disregard of the facts.

Front 4

Betty files a suit against Carl. Before going to trial, the parties meet, with their attorneys to represent them, to try to resolve their dispute without involving a third party. This is

Back 4

negotiation

Front 5

Wholesome Bread, Inc. advertised that its honey wheat bread had 25% fewer calories than a competing brand, Valley Grains. In fact, Wholesome's bread had the same amount of calories as Valley Grains' bread. Wholesome Bread's conduct

Back 5

violates the Lanham Act.

Front 6

Shortly after Bob started to work at Trevit, Inc., a co-worker, Mary, began asking him out. Bob said no. Nevertheless, Mary persisted. One day Mary playfully but intentionally touched Brian “below the belt.” Which statement is correct?

Back 6

Mary committed the tort of battery.

Front 7

The elements in a defamation case are:

Back 7

false and damaging statement; communication to 3rd party; and injury

Front 8

Vladimir is a “payday” lender charged with filing false claims in bankruptcy proceedings against his customer-debtors. Thestandard of proof to find a defendant who has been charged with a crime guilty is

Back 8

beyond a reasonable doubt..

Front 9

The fastest growing method of dispute resolution in the United States is

Back 9

mediation

Front 10

The ruling in the landmark case of New York Times v. Sullivan was that a public official can win a defamation case

Back 10

only by proving the defendant's actual malice.

Front 11

A _______ is a ruling by the court that no trial is necessary because there are no essential facts in dispute.

Back 11

summary judgment

Front 12

Property which is already in the defendant's possession and is fraudulently converted is called

Back 12

embezzlement.

Front 13

10 out of 10 pointsThe Miranda warning insures that the criminal suspects understand their constitutional rights relating to

Back 13

self incrimination.

Front 14

A misdemeanor is different from a felony because

Back 14

the length imprisonment of a misdeamenor isa usually a year or less and the place of imprisonment is usually a county jail. .

Front 15

Amanda and Carl enter into binding arbitration and Bruno is the arbiter (decision-maker) . Which of the following will NOT be a result of the arbitration?

Back 15

Carl and Amanda will be able to pursue a class action after the decision if they want to. r

Front 16

Which of the following Federal laws makes it illegal for U.S. companies and citizens to give anything of value to foreign officials to influence a governmental decision?

Back 16

FCPA

Front 17

In Jones v. Clinton, the court held that

Back 17

Paula Jones should lose on the motion of summary judgement because she did not demonstrate the essential elements for her claim.

Front 18

A party that wants the Supreme Court to review a lower court ruling must

Back 18

file a petition for a writ of certiorari.

Front 19

Angela sued Tom for battery. Angela was awarded $30,000 for future medical expenses. Five years after the award, Angela realizes that her medical expenses will far exceed $30,000. Under the single recovery principle, which statement is true?

Back 19

Tom will not have to pay the additional medical bills.

Front 20

Ken has a site on eBay where he sells various art pieces and jewelry items. Ken often bids on his own items because he knows he can get the most money for the item if he drives up the bidprice. What crime is Ken guilty of?

Back 20

shilling

Front 21

Diane, a police officer, stops Tim's car for a traffic offense. While talking to Tim, she shines a flashlight into the passenger compartment of Tim's car and sees evidence of drug paraphernalia. Which statement is correct?

Back 21

Diane may search the passenger compartment of the car and any place else in the car, including the trunk, without Tim's consent.

Front 22

A default judgment can be entered if which of the following is true?

Back 22

A defendant fails to file an answer to a plaintiff’s complaint on time

Front 23

Abe told his manager, Babs, that a co-worker, Chloe, had been in prison for theft.Babs checked into the matter and when she learned that Chloe had served time in prison for theft, she fired her.

Back 23

Abe is not liable to Chloe for defamation.

Front 24

Of all forms of dispute resolution, which one probably offers the strongest "win-win" potential because its goal is voluntary settlement?

Back 24

mediation

Front 25

Bunyon was ready to sign a three-year agreement with Lorraine Corp. to become Lorraine’s sales representative for an eight-state area. Luna, who wants to be the representative for that area, threatens Bunyon with bodily harm if he takes the position. Bunyon decides his physical well being is more important to him than the job, so he does not accept the position. Lorraine has

Back 25

committed tortious interference with a prospective advantage.

Front 26

Alice is suing Betty. After the discovery process, Alice believes that no relevant facts are in dispute, and that there is no need for a trial. She should move for a ___.

Back 26

a summary judgment