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Questions and Answers of
Business Law
The Family Medical Leave Act (FMLA) provides for:a. Paid leave for caring for a sick spouse or child; unpaid leave for all other relatives.b. Paid leave for childbirth; unpaid leave to care for
One example of reasonable accommodations would be for an employer to install wheelchair ramps for a disabled employee in the workplace.a. Trueb. False
What are the different sources of law in the United States? Which is paramount and why?
How do hierarchy and jurisdiction determine whether a precedent is binding or persuasive?
How do common law and civil law legal systems differ?
How do criminal and civil law differ?
What is the significance of judicial review and how does it make the U.S. legal system different from other common law legal systems?
How is the Fourteenth Amendment used to make the First Amendment applicable to the states and why is it necessary?
In what ways are First Amendment protections limited?
What is the difference between a content-neutral restriction and a content-based restriction? How do levels of judicial review differ for each?
How does First Amendment protection for student speech differ from First Amendment protection for adult speech?
Should media be regulated differently based on their use of the electromagnetic spectrum?
What content requirements do broadcast and multi-channel program distributors have in common? What requirements are specific to broadcast?
How have media ownership restrictions changed since the Telecommunications Act of 1996 was passed and what impact has that had on the media industry?
Why are cable programmers required to carry broadcast programming? Should they be?
What role does ICANN play in the Internet’s management? Does ICANN regulate content?
What is the United States’ role in the management of Internet functions?
What is the difference between the domestic and international concepts of network neutrality?
What federal statutes are in place to combat computer misuse? What is the challenge that lawmakers face regarding international computer crimes?
What is virtual law? Should it be litigated in “real world” courts?
What is due process? How does the American concept of due process lead it to treat jurisdiction differently than other parts of the world?
What is personal jurisdiction? How do the criteria for special and general jurisdiction differ?
How has the treatment of jurisdiction evolved due to the Internet?
Is geolocation filtering a suitable substitute for a treaty on conflict of laws?
What does the Freedom of Information Act do? What is an “agency” under the Freedom of Information Act?
How can people get information about the legislative and judicial branches?
Does the First Amendment protect journalist’s privilege?
Are bloggers protected by journalist’s privilege? Does the Privacy Protection Act of 1980 apply to them?
What does a work need to acquire copyright protection in the United States?
What cannot be copyrighted? Why?
Is it necessary to register a work? What are the benefits of doing so?
What is the relationship between copyright law and freedom of expression?
What is fair use? Why is it hard to know if fair use will apply in any particular instance?
What is required to get patent, trademark, and trade secret protection?
What kinds of marks are inherently distinctive? How does a mark earn distinctiveness if it is not inherently distinctive?
What is the difference between trademark infringement and trademark dilution?
How can you post a gripe site without being accused of cybersquatting?
How does the American concept of libel law differ from other common law and civil law countries?
What is the difference between a public and private figure plaintiff in a libel case?
How does knowledge of falsity differ from reckless disregard of the truth?
Why have ISPs been given immunity from their subscribers’ libelous posts?
Who is and is not entitled to privacy protection? How do the rules differ from libel law? Why?
Why is it not safe to assume that a privacy rule that applies in another state also applies in yours?
Where do we have an “expectation of privacy”?
If you find a photograph of a cute child on Flickr.com with a Creative Commons license by the photographer to use the photo for any purpose, is it safe to use the photo commercially?
What is the difference between indecency and obscenity?
Why is it legal to possess obscenity in the home, but not to download it at home over the Internet?
What is the difference in the approach that American courts take regarding indecency and violent speech and their potential impact on children?
Are the makers of violent films, games, and music lyrics liable to the families of victims harmed by people inspired to act violently after using such media? Why or why not?
What justification has the Supreme Court given for granting lesser First Amendment protection to commercial speech?
How does the Federal Trade Commission deal with false advertising?
How do literal falsity, implied falsity, and puffery differ? Which are illegal?
Should public relations be fully protected by the First Amendment, even if it is false, or should it be treated like advertising?
Philip Morris buys tobacco for its cigarettes from all around the world, including from South American growers in Venezuela. Philip Morris entered into a contract with La Fundación del Niño (the
Apothécure, Inc. and Gary Osborn, the company’s owner, president, and chief pharmacist, were charged with distributing misbranded drugs, and violating the FDCA, after the company sold super- and
The police received information that Yenzer, a fugitive, would be at a local dentist’s office the following day. The police arrived at the dentist’s office in hopes of capturing Yenzer, but she
What are the general requirements for criminal liability?I. Preponderance II. Act III. Justice IV. Mentala. I and IIb. II and IVc. II and IIId. III and IVe. I, II, III and IV
Which doctrine was created in a case involving the conviction of an individual executive under the Food, Drug, and Cosmetic Act?a. Mirandab. Parkc. Rileyd. Braswelle. Rat
The U.S. Supreme Court held that the government’s use of a zoom lens in a flyover of a chemical company fell into which warrant requirement exception?a. Search incident to arrestb. Good faithc.
Greco is arrested for insider trading based on evidence obtained by the government that violates Greco’s Fourth Amendment rights. The evidence cannot be used against him at trial based on the:a.
Which amendment requires law enforcement to obtain a search warrant ?a. Firstb. Secondc. Fourthd. Sixthe. Eighth
A fundamental part of Fourth Amendment protections is based on reasonable expectations of privacy.a. Trueb. False
When the police find a defendant’s cell phone during a search incident to arrest, they do not need a warrant to search the cell phone for incriminating photos.a. Trueb. False
Corporations are fully protected from having to provide selfincriminating business records under the Fifth Amendment.a. Trueb. False
The exclusionary rule requires the courts to exclude any evidence obtained in violation of the First Amendment.a. Trueb. False
Obstruction of justice charges may be brought even when the government cannot prove the underlying case.a. Trueb. False
Balentine and Gianeta were friends who co-owned a commercial building. After Balentine went bankrupt, they transferred the property to Gianeta. Gianeta allowed Balentine to use the property and gave
David Sefton, a computer user, sued Eyeblaster alleging that Eyeblaster injured his computer, software, and data after he visited an Eyeblaster website.Eyeblaster tendered the defense of the lawsuit
Dr. Papudesu was sued for medical malpratice. His insurance company settled the case with the defendant, and the doctor objected, arguing that it would injure his reputation and raise his premiums
The amount paid by the insured to the insurer for assuming the risk of loss is called the:a. Indemnity.b. Premium.c. Risk of loss.d. Subrogation.e. Expected loss.
Insurers employ , individuals trained in mathematics who use statistical models to calculate the probabilities and loss exposure of particular risks.a. Adjustersb. Attorneysc. Actuariesd.
If an insurer pays a claim to an insured and the loss arises due to a tort of a third party, the insurer can pursue a legal claim against the third party. This is known as:a. Moral hazard.b. The
Which is used by insurers to reduce moral hazard?a. Deductibleb. Premiumc. Expected lossd. Risk of losse. Insurable interest
All of the following are used to calculate a premium except:a. Losses.b. LAE.c. UW expenses.d. UW profit.e. ROA.
Individuals and businesses must deal with uncertainty every day.a. Trueb. False
Businesses always purchase insurance to cover the risk of liability.a. Trueb. False
The insurer must consult with the insured on accepting a settlement offer.a. Trueb. False
Insurers sometimes pay a claim that exceeds an insured’s loss of property or liability.a. Trueb. False
The expected loss arising from an event is the probability of the event multiplied times the magnitude of the benefit.a. Trueb. False
El Paso Gold Mines owns 100 acres of land bought in 1968 near Cripple Creek, Colorado. Though El Paso did not engage in mining activity on the land, the land contained a collapsed mine shaft built in
Paxton, a proprietor, intended to set up a recycling facility on one of his properties. He then contracted with Wal-Mart to recycle or dispose of various lamps and bulbs that contained spent mercury
Black, a real estate agent, owned adjacent rental properties in a New York neighborhood. On the same block, Stroehmann Bakeries owned and operated a bakery. Black alleged that the bakery had emitted
In the late 1990s, the city of New York confronted growing concerns surrounding the mosquito-borne West Nile virus by implementing an aerial and ground spraying program. The program consisted of
What agency has the authority to enforce environmental regulations?a. Environmental Protection Agencyb. Food and Drug Administrationc. Nuclear Regulatory Commissiond. All of the abovee. None of the
What category does the National Environmental Policy Act(NEPA) use for laws that have no environmental impact?a. Categorical exclusionb. Environmental assessmentc. Environmental impact statementd.
The basic structure of the Clean Air Act (CAA) focuses on both stationary and ______ sources of air pollution.a. Fixedb. Mobilec. Variabled. Permanente. Exterior
Cap and trade is an example of what type of approach to controlling air pollution?a. Regulatoryb. Common lawc. Permittingd. Market-basede. Strict liability
The federal law that provides for cleanup operations for abandoned toxic waste using funds from a self-sustaining escrow fund is known as the:a. Cradle-to-Grave Act.b. Comprehensive Environmental
Environmental regulation exists at the federal, state, and local levels.a. Trueb. False
Citizen suit provisions ban any enforcement action by a citizen until a regulatory agency has acted first.a. Trueb. False
Federal agencies are required to incorporate the Clean Air Act procedural steps into their decision-making process.a. Trueb. False
Under the Oil Pollution Act, recklessness and willful misconduct carry an enhanced penalty.a. Trueb. False
Superfund is an alternate title for the Clean Water Act.a. Trueb. False
Dayenian entered into a two-year lease agreement for an apartment with Monticello Realty Corporation on July 14. On October 26 of that year, she signed a portion of the lease headed “Assignment,”
Jones operated a gas station, which he leased from Amoco Oil Company under a franchise agreement. The lease was a standard form signed by Jones to obtain the franchise. The lease required Jones to
Scene-In-Action (“Scene”) rented a building from Automobile Supply Co.(“Auto”) for Scene’s business of manufacturing electrical advertising signs. The space also was used to house
Osterman buys a metal detector and takes it to a public beach. He finds a diamond bracelet near the picnic tables, but there is no one else in sight except a lifeguard. He asks the lifeguard if she
A relationship is created when the owner of personal property entrusts another to temporarily hold the property for the parties’ mutual benefit.a. Leaseb. Titlec. Possessiond. Bailmente. Trust
Tanner is the owner of Whiteacre. To access the public road, he must cross through Greenacre, a parcel owned by Farmer.Tanner is granted access via a 10-foot-wide strip through Greenacre. What is
Fassett is a business executive who travels extensively for work. Harris, her neighbor, often mows Fassett’s lawn while she is traveling. Over the course of 20 years, Harris takes care of