Bus Law 12a Ch 4, 5, 6, 7 T/F – Flashcards

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question
The full faith and credit clause prevents a state from imposing unreasonable burdens on citizens of another state, particularly with regard to the means of doing business
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False
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The checks and balances in the US constitution prevent any one branch of government from exercising too much power.
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False
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Under the US constitution, the judicial branch interprets the laws
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False
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The states may establish laws and regulations that would interfere with trade and commerce among themselves
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False
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Under the supremacy clause, a valid federal statute or regulation will take precedence over a conflicting state or local law or regulation on the same general subject
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True
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Congress may tax some states and exempt others
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False
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The Bill of Rights protects individuals, but not business entities, against various types of interference by the government
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False
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Traditionally, the courts have protected the right to free speech to the fullest extent possible
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True
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Expression - oral, written, or symbolized by conduct - is not subject to restrictions
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False
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To obtain a search warrant, law enforcement officers must convince a judge that they have reasonable grounds to believe a search will reveal evidence of a specific illegality
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True
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Generally, government inspectors do not have a right to enter business premises without a warrant
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True
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A law that prohibits or inhibits only some persons from exercising a fundamental right will be subject to "strict scrutiny" by the courts
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True
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Ethics is well defined by the law
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False
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Unless a corporation violates a law, its actions do not raise questions about the role of corporations and the effect of corporate ethics on profit
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False
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An overemphasis on long-run profit maximization is the most common reason that ethical problems occur in business
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False
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The study of business ethics is concerned with the purposes of a business and how that business achieves those purposes
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True
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An action may be legal but not ethical
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True
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Acting in good faith gives a business firm a better chance of defending its actions in court
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True
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Company codes ar not law
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True
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Compared to business ethics, employee ethics is not an important issue
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False
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The concept of corporate social responsibility is imposed on corporations by law
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False
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It is always clear what is ethical
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False
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Managers must apply the same standards to themselves as they do to the company's employees
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True
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Given today's global communications network, most companies can assume that their actions in other nations will go unnoticed
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False
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Tort law provides remedies for acts that cause personal injury, but not for acts that interfere with physical security
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False
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The goal of tort law is to put a defendant in the position that he or she would have been in had the tort occurred to the defendant
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False
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Occasionally, the courts award punitive damages in tort cases to punish the wrongdoer and deter others from similar wrongdoing
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True
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A successful defense releases the defendant from partial or full responsibility for a tortious act
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True
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When outrageous conduct consist of speech about a public figure, the First Amendment's guarantee of freedom of speech limits emotional distress damages
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True
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A misrepresentation leads another to believe in a condition that is different from the condition that actually exists
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True
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Abuse of process applies to a person using a legal process against another in an improper manner
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True
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Specifically targeting the customer of a competitor is always a legitimate business practice
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False
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The tort of trespass to land is designed to protect the right of an owner to exclusive possession
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True
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Failure to live up to a standard of care may be an act or an omission
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True
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Judges use proximate cause to limit the scope of a defendant's liability to a subset of the total number of potential plaintiffs that might have been harmed by the defendant's negligence
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True
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Negligence per se may occur if an individual violates a statute or an ordinance providing for criminal penalty and the violation causes another to be injured
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True
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Under the doctrine of comparative negligence, only the plaintiff's negligence is computed, and the liability for damages is distributed accordingly
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False
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Negligence by a professional, such as a doctor or lawyer, is referred to malpractice
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True
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The extreme risk of an activity is a defense against imposing strict liability
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False
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People who keep wild animals are strictly liable for any harm inflicted by the animals
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True
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Manufacturers must use due care in selecting the materials to be used in a product
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True
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A product liability action based on negligence does not require privity of contract between the injured plaintiff and the defendant manufacturer
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True
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Manufacturers must use due care in inspecting and testing any purchased components used in a product
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True
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The law imposes strict liability as a matter of public policy based in part on the assumption that manufacturers can better bear the costs associated with injuries caused by their products
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True
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Because many products cannot be made entirely safe for all uses, sellers or lessors are liable only for products that are unreasonably dangerous
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False
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An action in strict product liability requires that a product be in a defective condition caused by the purchaser
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False
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The types of product defects that have traditionally been recognized in product liability law include manufacturing defects
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True
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A manufacturing defect is a departure from a product unit's design specifications that result in a product that is physically flawed
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True
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There is a duty to warn about risks that are obvious or commonly known
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False
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Generally, the strict liability of manufacturers and sellers does not extend to injured bystanders
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False
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