Business Law Test 2

| March 14, 2016

Business Law Test 2

Juducial 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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