Question 1. The U.S. Supreme Court ruled that the mere tendency of speech to encourage unlawful acts is a sufficient reason for banning it.

1. The U.S. Supreme Court ruled that the mere tendency of speech to encourage unlawful acts is a sufficient reason for banning it.

2. Codified– Law or Codes–is past court decisions that have been organized by jurisdiction into code books.

3. State appellate courts will review trial court decisions and can listen to new testimony or new evidence related to the case.

4. Only 10 percent of all cases are settled prior to trial.

5. The Commerce Clause of the U.S. Constitution gives Congress the power to regulate interstate commerce, as well as commerce with foreign nations and with Indian tribes.

6. Under the social contract theory of societal justice, members of society are obligated to obey the moral rules of society even if others do not.

7. Partnerships can be formed without any formalities, and the presence of the required elements of a partnership can be based on the conduct of those in the business.

8. A foreign corporation is one that is incorporated in another nation.

9. Generally, common stock is voting stock.

10. Generally, a limited liability company can choose whether to be taxed as a partnership or corporation.

11. An offer made in jest, where a reasonable person would conclude that it was made in jest, cannot result in a contract.

12. A fixture is personal property permanently affixed to real property and thus, is the personal property of the owner of the real property.

13. Contracts for the sale of goods over $500 always have to be in writing to be enforceable.

14. In order for the government to access an individual’s stored email pursuant to a criminal investigation, a search warrant is needed.

15. Even where an employee is an at-will employee, the statements made in the employer’s policy and procedures manuals can give employees implied-in-fact contract rights that limit the employer’s right to terminate the employee.

16. The Immigration Reform and Control Act of 1986 makes it unlawful for employers to hire illegal immigrants.

17. In sexual harassment cases, courts sometimes apply a reasonable woman standard.

18. A policy of hiring workers only age 40 and older does not violate the Age Discrimination in Employment Act.

19. The same union cannot represent all the workers at a single company.

20. The Statute of the International Court of Justice identifies the three sources of international law that have become accepted by most courts in resolving international law disputes.

21. A person is not liable for defamation if the statement made is truthful.

22. Assumption of the risk, if present, prevents a plaintiff from recovering for negligence even if the plaintiff has proven all the required elements of negligence.

23. The implied warranty of merchantability includes a warranty that goods delivered in groups are of a consistent quality.

24. Because strict liability is a tort doctrine, privity does not apply, so that even bystanders can recover under strict liability.

25. United States law requires that an invention have a reasonable likelihood of success in the marketplace in order to be patented.

MULTIPLE CHOICE

26. Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S. Congress and enacted into law. Which is true?

27. The concept of in personam jurisdiction is that:

28. In a civil case, which of the following is true about the order of the presentation of the case?

29. The protections in the Bill of Rights apply to:

30. Which of the following statements is true regarding the relationship of law and ethics?

31. The most common form of business organization in the United States is:

32. “Piercing the corporate veil” can refer to:

33. The duty of loyalty owed by a corporate officer or director to a corporation means that officers and directors:

34. Which of the following best describes a franchise?

35. One of the main reasons that contracts involving minors are voidable at the minor’s option is:

36. In a situation where one party to a contract has lied about the subject matter in order to entice the other party to enter into a contract, the type of fraud that would most likely be present is:

37. Implied warranties:

38. In 1997, the U.S. Supreme Court ruled that:

39. Apparent authority can be best described as a situation where:

40. Under the Fair Labor Standards Act:

41. Which is true about the two kinds of discrimination that are actionable under Title VII?

42. The Labor-Management Reporting and Disclosure Act prohibits which of the following from holding union office?

43. Which of the following is not true about the United Nations?

44. Under merchant protection statutes:

45. Which of the following is true about the tort of invasion of the right to privacy?

46. Which of the following is true under the implied warranty of fitness for human consumption?

47. Which of the following would not be a misappropriation of a trade secret?

48. An inferior trial court is one that:

49. If the U.S. Supreme Court reaches a tie decision:

50. The requirement that a plaintiff have a stake in the outcome of a case is the requirement of:

SHORT ANSWER (1-4 words)

51. Administrative agencies adopt ______________________ to interpret statutes.

52. Cases involving _______________ are cases arising under the U.S. Constitution, treaties, and federal statutes and regulations.

53. A form of ADR in which the parties choose an impartial third party to hear and decide the dispute is known as _______________.

54. The _______________ Amendment includes the Equal Protection Clause, the Due Process
Clause, and the Privileges and Immunities Clause.

55. The __________________ theory of social responsibility argues that business has a responsibility to do good.

56. ____________________ are partners who invest capital but do not participate in management and are not personally liable for partnership debts beyond their capital contribution.

57. A ____________________ is a form of business combination described as A+B=A.

58. _____________________________ are brought by a shareholder on behalf of the company.

59. A ________________________________ involves two or more business entities combining resources to a single end.

60. A ____________________ is a response by an offeree that contains terms and conditions different from, or in addition to, those of the offer.

61. ____________________ is the act of a minor after the minor has reached the age of majority by which he or she accepts a contract entered into when he or she was a minor.

62. A ____________________ occurs when a party fails to perform certain express or implied obligations that impair or destroy the essence of the contract.

63. A ____________ is a transfer of right to possession for a set term.

64. The ECPA protects ____________ ________________.

65. ____________________ occurs when (1) a person misrepresents himself or herself as another’s agent when in fact he or she is not and (2) the purported principal accepts the unauthorized act.

66. The ____________________ Act guarantees workers unpaid time off from work for medical emergencies.

67. Title I of the ADA requires employers to make ____________________ to assist employees with disabilities that do not cause undue hardship to the employer.

68. The act of negotiating contract terms between an employer and the members of a union is referred to as ____________________.

69. The doctrine of _______________ states that countries are granted immunity from suits in courts of other countries.

70. ____________________ is the liability of a professional who breaches his or her duty of ordinary care.

71. The doctrine that raises an inference of presumption of negligence and places the burden on the defendant to prove that he was not negligent is known as ____________________.

72. A statute of limitation begins to run when ____________________.

73. A trademark that becomes a common term for a product line or type of service is called a ______________________.

74. Transcribed oral testimony given under oath by a party or witness prior to a trial is a ______________.

75. Powers delegated to the federal government are called _______________ powers.

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