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MGT 515 – INTRODUCTION TO BUSINESS LAW Essay

QUIZ #1: Chapters 1-8
(True – False)

1) Today, the usual remedy in an action at law takes the form of money
damages. Page 8 (True)

2) The doctrine of stare decisis applies only in Romano-Germanic civil
law countries, not to those of the Anglo-American common law
tradition. Page 10 (False)

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3) If one were to arrange American legal authority in a hierarchical
pyramid, the constitution would be at the apex and, in descending
order, you would find statutes, administrative regulations, and case
law at the base (foundation). Page 8 (True)

4) One form of jurisdiction – a court’s “power to speak the law” – is
known as in personam jurisdiction. Page 31 (False)

5) Only one who has “standing,” i.

e., a personal stake in a dispute, may
file a lawsuit as a plaintiff. Page 37 (True)

6) The three principal for ms of ADR – alternative dispute resolution –
are negotiation, mediation, and litigation. Page 42-44 (True)

7) When a dispute results in litigation, the complaint and answer, taken
together, are known as the pleadings. Page 55 (True)

8) The First Amendment to the Constitution of the United States not only
guarantees freedom of speech, assembly, and religion, but also
guarantees the right to trial by jury. Page 85 (False)

9) A court of appeals does not hear evidence.

Page 70 (True)

10) The so-called “commerce clause” cannot be found in the Constitution,
but is instead a judge-made rule. Page 77 (False)

11) Commercial speech is protected by the First Amendment. Page 85
(True)

12) The Fourteenth Amendment’s guarantee of equal protection is
applicable against the state governments, but not against the federal
government. Page 177 (False)

13) Where fault and not strict liability is concerned, torts fall into
two broad categories: intentional and unintentional. Page 103 (True)

14) Assault and battery are simply two ways of saying the same thing.
Page 103 (False)

15) The four elements of a negligence tort are duty, breach, causation,
and damages (injury).

Page 111 (True)

16) Assumption of risk is not a defense to a negligence tort. Page 117
(False)

17) Strict liability will normally apply where harm is caused by an
abnormally dangerous activity. Page 126-27 (True)

18) Misuse of a product, while a defense to strict product liability, has
been severely limited by the courts. Page 132 (false)

19) A statute of repose is similar to a statute of limitations, except
that a statute of repose places an absolute outer time limit on
asserting certain types of claims so that a defendant will not be left
vulnerable to lawsuits indefinitely. Page 136-137 (True)

20) Intellectual property covers such things as patents, copyrights, and
trademarks, but not trade secrets. Page 140 (False)

21) The red background with the words “Coca-Cola” written in white in a
modified cursive style is an example of trade dress.

Page 145 (True)

22) Customer lists, plans, research and development, pricing information,
marketing techniques, production techniques, and generally anything
that makes an individual company unique and that would have value to a
competitor are known as trade secrets. Page 141 (True)

23) The burdens of proof in a civil case and in a criminal case are
exactly the same. Page 164 (false)

24) A corporation is a legal person and is therefore subject to liability
for criminal acts. Page 167 (True)

25) There are no exceptions to the Miranda Rule. Page 181 (False) .

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MGT 515 - INTRODUCTION TO BUSINESS LAW Essay
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QUIZ #1: Chapters 1-8 (True - False) 1) Today, the usual remedy in an action at law takes the form of money damages. Page 8 (True) 2) The doctrine of stare decisis applies only in Romano-Germanic civil law countries, not to those of the Anglo-American common law tradition. Page 10 (False) 3) If one were to arrange American legal authority in a hierarchical pyramid, the constitution would be at the apex and, in descending o
2019-02-12 08:08:40
MGT 515 - INTRODUCTION TO BUSINESS LAW Essay
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