Business Law Test 2

| August 14, 2017

Business Law Test 2Juducial oversight is
the power of the courts to review and invalidate legislation that violates the
constitution

Crimes such as murder
and rape, which are recognized as heinous in all civilizations, are examples of
malum prohibitum crimes

The greater the risk in
a situation, the higher the duty of care

Quasi-contract is
another term for an implied-in-fact contract

Damages for a pain and
suffering from a personal injury are classified as a non-economic damages are
often difficult to calculate

One function of the
constitution is to protect individual rights by limiting the role of the
government

A “no true
bill” from a grand jury means there is insufficient evidence to bring an
accused to trial

Damages that involve
only a very small monetary award are called liquidated damages

Grace has a valid
contract with Al to buy a desk owned by James Madison. AL now refuses to go
through the sale. Because the item is unique, Grace can seek a decree of
specific performance to enforce the contract

Arizona cannot have
different standards for admitting in-state and out-of-state residents to the
practice of medicine because of the Full Faith and Credit Clause

-Alan was convicted in
a criminal trial of assaulting Ben. Ben cannot now sue Alan in tort for
personal injuries because Alan is protected against double jeopardy

Manufactures may be
subject to product liability suits based on negligence if the manufacturers
fail to provide adequate instructions for the use of the product

Not knowing you are on
the land of another person is a complete defense to charges of trespass to land

The First Amendment is
interpreted to include political free speech for corporations

Sid and Carrie were
found liable in joint and several liability for $200,000 in damages to Nancy’s
property. This means the maximum amount of the award Sid will have to pay is
$100,000

Contracts formed by the
conduct of parties rather than expressed in words are implied-in-law contracts

A wronful act is either
a tort or a crime, it cannot be both

If a person claimed a
law was denying him employment opportunities based on gender, the Court would
review the law under the rational basis test

Crimes are classified
as a strict liability crime when specified intent is required

Contracts in which both
sides have completely performed their duties are executory

A surgeon is held to a
higher standard of care in performing an operation than a general practitioner
would be performing the same operation

Defamation is the first
element that must be proved in a suit for the invasion of the right to privacy

Assumption of the risk
is an element of negligence the plaintiff must prove

The function of the
grand jury is to decide the guilt or innocence of a criminal defendant

In contributory fault
states, if the plaintiff was responsible for 20% of his own injuries, he will
still be able to collect the other 80% from the negligent defendant

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