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Questions and Answers of Business Law

Multiple Choice 1. Colorado passes a hotel tax of 8 percent for Colorado residents and 15 percent for out-of-state visitors. The new lawA. Is valid, based on the Supremacy ClauseB. Is void, based on
In the early 1970s, President Richard Nixon became embroiled in the Watergate dispute. He was accused of covering up a criminal break-in at the national headquarters of the Democratic Party. Nixon
Gilleo opposed American participation in the war in the Persian Gulf. She displayed a large sign on her front lawn that read, “Say No to War in the Persian Gulf, Call Congress Now.” The city of
What case caused a crisis for President Nixon?
Questions for those who agree that the First Amendment protects flag burning:
Questions for those who argue that the First Amendment does not protect flag burning:
1. What is a bill?2. Why are the floors of the House and Senate nearly deserted so much of the time?
Why does Congress do so much of its work in committees?
What goes on in a committee?
How is a House-Senate conference committee different from other committees?
Gender was added and the law passed. Which congressman (quoted in the text) was most anxious about the effects of gender equality? What were his worries? Have the succeeding years supported his
Is the bystander rule immoral? What are the differences between law and morality?
1. After the Tarasoff case, do people generally have a duty to come to the aid of someone in danger?2. What is the exception that this decision creates?
Assume that the Tarasoff case is precedent. (In fact, many states have followed the ruling.) Make an argument that Ingram is liable.
Make an argument that under Tarasoff Ingram is not liable.
1. Who should win?2. One of the reasons the common law of most states has not forced a bystander to render aid has been the fear that a bystander would do an imperfect job and subject himself to
Did the defendants’ conduct constitute ordinary negligence, meaning they are not liable under §519(b), or gross negligence, meaning they are liable?
Why might critics think it is dangerous to permit the FAA to perform both functions?
What events have caused critics to charge that the FAA fails to regulate adequately?
Why does the dissent disagree?
Then why does Holly Farms lose?
1. What is Holly Farms’ argument that the workers are not covered?2. Does the court think that is a foolish argument?
1. What is it that Holly Farms wants to accomplish in this case?2. What is Holly Farms’ legal argument?
Did the Louisiana statute violate the Constitution by permitting the death penalty in a case of child rape? Is it proper for the Supreme Court to decide this issue?
Did the president have the constitutional power to seize the steel mills?
Does the First Amendment protect flag burning?
Did Dr. Moore have a duty to Tatiana Tarasoff, and did he breach that duty?
1. What is the Freedom of Information Act?2. How does someone file an FOIA request?
1. Therapists hear patients’ anger all day long. How can a therapist know for sure whether a patient is serious in making a threat?2. Why has this case reached the United States Supreme Court? Does
In the 1964 Civil Rights Act, discussed in the text, the bill originally outlawed discrimination based only on race, color, creed, and national origin. Some congressmen supported the addition of
How does Justice Brennan, for the majority, respond to Justice Rehnquist’s point that the flag is not just a symbol but a unique symbol?
Match the following terms with their definitions:___ A. Interference with a contract___ B. Fraud___ C. Defamation___ D. False imprisonment___ E. Punitive damages___ F. Intentional infliction of
TRUE/FALSE1. A store manager who believes a customer has stolen something may question him but not restrain him.2. Becky punches Kelly in the nose. Becky has committed the tort of assault.3. A
Multiple Choice Questions 1. A valid defense in a defamation suit isA. FalsenessB. Honest errorC. ImprobabilityD. OpinionE. Third-party reliance2. Joe Student, irate that on an exam he received a B
Caldwell was shopping in a K-Mart store, carrying a large purse. A security guard observed her look at various small items such as stain, hinges, and antenna wire. On occasion she bent down out of
Tata Consultancy of Bombay, India, is an international computer consulting firm. It spends considerable time and effort recruiting the best personnel from India’s leading technical schools. Tata
Johnny Carson was for many years the star of a well-known television show, The Tonight Show. For about twenty years, he was introduced nightly on the show with the phrase, “Here’s Johnny!” A
ETHICS: Fifteen-year-old Terri Stubblefield was riding in the backseat of a Ford Mustang II when the car was hit from behind. The Mustang was engulfed in a ball of fire, and Terri was severely
If you are persuaded by Yeagle’s arguments, please answer the following questions:
If you are persuaded by the Collegiate Times’ position, please answer the following questions:
Does this mean that the plaintiffs have proven their case of intentional infliction of emotional distress?
Then how can the appeal court reverse? Isn’t the court diminishing the defendants’ First Amendment rights?
1. According to the appeal court, how does a court determine whether a defendant’s conduct is sufficiently extreme to constitute this tort?2. Do these defendants truly believe that abortion is
1. What tort is at issue here?2. What are the elements of this tort?3. Why did the trial court dismiss the case?4. What did the defendant do here?
$100 million is a lot of money!
1. Why did the court hold that these facts justified such a large award of punitive damages?2. On what theory did Boeken sue Philip Morris?
How did he claim Philip Morris committed fraud?
Boeken testified that he read the Surgeon General’s warning about smoking in the 1960’s, so how can he argue fraud?
The court declared that the trial judge properly reduced the punitive damages. Why?
1. Both sides have appealed. Why?2. What did the appellate court rule?
The court declared that the punitive damages were not in fact too high. Why?
1. How did the defendants intentionally interfere?2. What are the two related torts at issue in this case?
What is the difference between the two torts?
How did the court rule on the “contract” claim, and why?
How did the court rule on the “prospective advantage” claim, and why?
Davis obtained access to the web site by using a password that another pilot gave him. Do you believe that this takes his conduct outside of the statutes, that is, does it mean he has broken no laws?
Give an example of the type of activity that these laws prohibit?
Why was Konop particularly eager to keep unauthorized people out of his web site?
Was the phrase defamatory, or was it deliberate exaggeration that no reasonable person would take literally?
Have the plaintiffs made a valid claim of intentional infliction of emotional distress?
Was the punitive damage award excessive?
Was the punitive damages award proper?
Did CPSC interfere with IBI’s contractual rights and/or its prospective advantage?
Match the following terms with their definitions:___ A. Breach___ B. Strict liability___ C. Compensatory damages___ D. Invitee___ E. Negligence1. Money awarded to an injured plaintiff2. Someone who
True/False Questions1. There are five elements in a negligence case, and a plaintiff wins who proves at least three of them.2. Max, a 19-year-old sophomore, gets drunk at a fraternity party and then
Multiple Choice Question 1. In which case is a plaintiff most likely to sue based on strict liability?A. DefamationB. Injury caused on the jobC. Injury caused by a tiger that escapes from a zooD.
At approximately 7:50 p.m., bells at the train station rang and red lights flashed, signaling an express train’s approach. David Harris walked onto the tracks, ignoring a yellow line painted on the
A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truck’s
A prison inmate bit a hospital employee. The employee sued the state for negligence and lack of supervision, claiming a fear of AIDS. The plaintiff had tested negative for the AIDS virus three times,
ETHICS: Koby, age 16, works after school at Fast- Food from 4 p.m. until 11 p.m. On Friday night, the restaurant manager sees that Koby is exhausted, but insists that he remain until 4:30 a.m.,
When the fraternity gave its party at the University of Arizona, no court in that state had ruled that a fraternity could be liable for a drunken student’s auto accident. Isn’t it unfair to
Make an argument against the decision in Hernandez, relying on the distinctive roles of a court and a legislature.
Make an opposing argument.
Some states make liquor stores, bars, and restaurants liable for serving drinks to intoxicated persons (minors or adults) who later cause harm, while not holding social hosts liable. Why the
There is a basic dispute between Judges Cardozo and Andrews about what constitutes negligence. Describe the position of each judge.
In Cardozo’s view, what must the situation have been before the railroad would be liable to Ms. Palsgraff?
The two lower courts found for all defendants. Why?
What is the logic behind the lower courts’ position, that a person or organization that pours alcohol has no duty to the general public?
But the cost of a child’s life is incalculable. Is the result just a matter of economics?
1. What is the effect of this court’s ruling?2. What actions do the plaintiffs believe the defendants should have taken to protect the children?
What is the central issue in this case?
Why does this court rule that the defendants did not owe the plaintiffs a duty to take such steps when it was foreseeable that an automobile might come through the fence and injure those on the
Why does that make a difference?
What does that mean? Discuss.
The court states that “random, violent crime is endemic in today’s society.” If that is true, then wasn’t it foreseeable that a violent assault would occur at the shopping center?
Why not simply impose a duty to furnish guards at all shopping centers?
1. Which element of negligence is at issue here?2. Who won?3. How could Holiday Inn win? Wasn’t the incident in the motel room gross and disgusting? Wouldn’t you be upset and worried?
1. Everyone knows that AIDS can be transferred through bodily fluids. Wouldn’t a reasonable person be afraid of contracting the AIDS virus from a wet condom?2. If she did everything a reasonable
Could a plaintiff win such a case without showing that she had contracted the HIV virus?
Why should this prevent her from recovering?
Why did the court say that Michelle did not satisfy this test? She was at the store, heard the loud bang in the area of the store where her husband was shopping, and feared he might be injured by
How does the law determine whether a plaintiff can recover for emotional distress caused by an accident?
Why did the judge direct a verdict in favor of Armani?
Candy’s car collides with Cliff’s, and both drivers are partly at fault. The evidence is that Candy is 25 percent responsible, for failing to stop quickly enough, and Cliff 75 percent
Some critics think comparative negligence is illogical and foolish. Why?
What does “causal nexus” mean in English? In other words, what is it that the court has to decide?
Who won? Why?
Alden Leeds lawfully and properly stored the chemicals. Further, there is no evidence that the company started the fire or did anything wrong. How can the business be liable?
How far should strict liability go? 1. Suppose that a tornado strikes a company that is properly storing dangerous chemicals. Poisonous gas is released into the atmosphere and kills twenty people and
Let’s examine the “tornado” hypothetical from the standpoint of public policy. What are the consequences of holding the storage company liable?

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