Business Law: Review Questions on Equitable Remedies, Jurisdiction, and Free Speech, Study notes of Business and Labour Law

Download Business Law: Review Questions on Equitable Remedies, Jurisdiction, and Free Speech and more Study notes Business and Labour Law in PDF only on Docsity! 1 BADM 209 - LEGAL ENVIRONMENT OF BUSINESS REVIEW QUESTIONS 1. Thomas wishes to seek an equitable remedy in his case against Martin. Martin breached a contract to sell Thomas a farm. If Thomas is allowed to seek an equitable remedy, it will be because a. anyone may sue in a court of equity. b. remedies at law would be insufficient. c. a contract dispute may always be resolved in an equitable action. d. a plaintiff may always elect to seek an equitable remedy. 2 Martin breaches a contract to sell his farm to Thomas. If Thomas is allowed to seek an equitable remedy in court and wins his case, which of the following will his remedy most likely be? a. cash damages b. an injunction c. an order of specific performance d. a writ of certiorari 3 Philip is suing William in England in 1744. Philip claims that William hit him with a broom, and is seeking a remedy in a court of equity. The incident occurred six years ago, and at the trial William raises this issue. He is attempting to defend himself with the doctrine of a. stare decisis. b. laches. c. per curiam. d. certiorari. 4. As between state and federal courts, it is true that state courts are ________ federal courts. a. superior to b. inferior to c. dependent upon d. independent of 2 5. Congress wants to pass a law prohibiting various forms of pornography on the Internet. What entity will have the final say as to the constitutionality of such a law? a. congress b. the president c. the Supreme Court d. voters 6. Alex plays bass in "Death Roaches," a band from the state of Delaware. Death Roaches went to Texas for the first time last year as a part of their tour. While playing a gig in Dallas, Alex crashes his van into Paula Pedestrian, breaking her leg. If Paula wishes to sue Alex in a Texas court, will the Texas state court have jurisdiction? a. yes, because the accident happened in Texas b. yes, because a citizen of Texas can always bring a suit in a Texas state court c. no, because the defendant is from Delaware d. no, because Paul does not regularly conduct business in Texas 7. Donald and Ivana both live in Oregon. Donald wants to divorce Ivana as soon as possible. All courts in his state have full dockets, and will not be able to hear Donald's case for at least six months. Donald has learned, however, that there is a probate court in his state which has an empty docket and virtually no waiting. Will he be able to bring his divorce case to a probate court? a. yes, because both parties live in Oregon b. yes, because the court will have in rem jurisdiction c. yes, because it has an empty docket d. no 8. Which of the following factors are likely to be considered when selecting venue? a. geographic area in which the incident occurred b. pretrial publicity c. both A and B d. none of the above 9. Stepfather Stan buys a new toy for Stepdaughter Suzie. It is Kid, Inc.'s "Big Happy Fun Bag of Tics, Poison, and Broken Glass." Mother Minnie discovery Suzie playing with the product, and takes it away before Suzie is injured. After the divorce, Minnie wants to sue Kid, Inc., for endangering her daughter with such a dangerous product. Can she? a. yes, she will be able to sue on Suzie's behalf because she is Suzie's mother 5 19. Congress has which of the following spending powers? a. It may spend to carry out any enumerated power. b. It may spend to carry out most objectives it deems worthwhile. c. It may spend towards any end whatsoever. d. both A and B 20. Chuck grows marijuana in his downtown apartment. The police enter his apartment without knocking, and without a search warrant. Which amendment will Chuck likely use to escape prosecution? a. 1st b. 4th c. 8th d. 18th 21. Which of the following are protected free speech under the 1st Amendment? a. discussing unpopular political ideas b. burning the American flag c. giving the finger to the President as his limo drives by. d. all of the above 22. Budweiser wants to advertise on billboards at baseball games, but a state law prohibits such advertising at public events. If Budweiser challenges this law under the 1st Amendment, is the challenge likely to be successful? a. yes, because the freedom of speech is absolute b. no, because advertising is not speech c. no, because commercial speech is never protected d. no, because commercial speech is not protected as long as a restrictive law furthers a substantial government interest 23. Who enjoys protection under the 1st Amendment? a. people b. corporations c. both A and B d. none of the above 6 24. Jeff is walking down the street, and is attacked by Tom. Tom hits Jeff with a baseball bat and steals his wallet. Which of the following legal actions may be brought against Tom? a. a tort lawsuit b. a criminal lawsuit c. either a tort suit or a criminal suit, but not both d. Both a tort and criminal lawsuit 25. In the locker room, Biff trips over a towel and falls on Chad, breaking Chad s arm. Has Biff committed an intentional tort? a. Yes, because Chad was injured b. Yes, because he meant to walk near Chad c. No, because he did not intend to break Chad s arm d. No, because he did not intend to contact Chad at all