All BLAW Questions I've missed

Betty tells Susan that Bob stole her business law book from her car. The next day Susan confronts Bob and slaps him for stealing her book. Bob has Susan arrested for slapping him. Susan sues Bob for damages in the amount of the book and for maliciously having her arrested. Claiming that she lied, Bob sues Betty for defamation. The action Bob has against Betty for defamation is based on which of the following?

Civil Law

Which of the following makes mediation advantageous?

Only that it helps disputing parties preserve their relationships and that parties to mediation have a high level of autonomy

If a model law is proposed, what are the requirements that each state must follow?

A state legislature can ignore the proposed model law, adopt it in full, or adopt it in part.

If Lamar decides that it is okay to cheat on his taxes because he believes that it is okay for everyone to cheat on their taxes, which ethical test does he believe in?

The universalization test

Jones was injured in an accident on a crane at work in Georgia, where he resides, and he filed a lawsuit claiming $100,000 in state court against Behemoth, Inc., and Iowa corporation with its principle place of business in Des Moines, Iowa, which manufactured the crane and Boykin Crane Maintenance, Inc., a Georgia corporation with its principal place of business in Kennesaw, Georgia, which maintained the crane. Behemoth, Inc. removed the case to the United States District Court for the Northern District of Georgia, and Jones filed a motion to remand the case back to the state court. You are the federal district judge. How do you rule?

Remand the case for lack of federal jurisdiction

If a computer store dumps waste behind its building in violation of local, state, or federal environmental regulations, the resulting dispute focuses on ________ law.

public

Which of the following is a correct statement regarding values?

Values capture our sense of what is good or desirable.

After the discovery process, either party can file a motion for ________. This motion asserts that no factual disputes exist and that if the judge applied the law to the undisputed facts, her only reasonable decision would be in favor of the moving party.

summary judgment

Connie, the president of a company that makes paper, had to face the fact that her company has been cheating and is not in compliance with applicable environmental regulations due to dumping in a nearby river. Her company has never been cited, however, because it employs a very large number of people in the community, including the mayor's wife and the chief-of-police's brother. Connie has decided to go even further than the law requires and install the very latest environmental protections. When she announced her plan, the chair of the company's board of directors, Brooke, had a meeting with Connie. Brooke told Connie to analyze the situation carefully because the cost of the additional equipment would mean no dividend to shareholders and no raise for employees. Furthermore, Brooke told Connie that installing all the new equipment would result in higher prices for the company's paper products and could bankrupt the company because of foreign competition. Brooke hinted that Connie could be fired if she persisted. Brooke suggested that Connie just be concerned with a minimal standard of ethics.  Which of the following is the minimal standard that a business must meet in a consideration of business ethics?

Decisions must be legal.

What do values generally represent?

Our understanding of the purposes we will fulfill by making particular decisions.

Trade dress is entitled to protection but not as much as a trademark.

Flase

To stop a competitor from using a trade secret, the plaintiff must prove that a trade secret actually existed, the defendant acquired the trade secret unlawfully, and the __________.

defendant used the trade secret without the plaintiff's permission

Caterer and Bride agree that Caterer will cater Bride’s wedding for $20 per plate. On the day of the wedding, Caterer determines that she needs more money and informs Bride that the price is now $25 per plate. Desperate, Bride agrees. Is the $25-per-plate contract modification enforceable?

No, since Caterer had a preexisting duty to Cater the wedding for $20 per plate

WeFixIt, LLC, does construction work on houses. They did some work on Jack’s house in Cartersville, Georgia. After some disputes about the work, Jack fired WeFixIt, which sued Jack for breach of contract. WeFixIt does not have a Georgia Contractor’s license. Does this prevent WeFixIt from recovering damages for breach of contract?

Yes

Mike went to work for Cars R Us, Inc. After three months of working for them, Cars R Us announced they were sending Mike to corporate training, and he had to sign an agreement saying he would repay the cost of the training if he quit in the next year. He didn’t sign but went to the training. After he returned, Cars R Us said they would not give him the paycheck they owed him unless he signed the agreement, so he signed it. He sued for his paycheck and said the agreement was not enforceable. What’s his best argument?

duress

Which of the following parties must sign an agreement that is subject to the statute of frauds?

The party against whom action is brought only

A creditor beneficiary can enforce its rights

against either the promisor or promisee

John entered into an oral agreement to buy land from Sam. When Sam tried to back out of the deal, John sued him, and Sam defended the lawsuit on the ground that there was no written contract for the sale. John's attorney questioned Sam on the witness stand at trial whether they had orally agreed to the sale, and Sam said they had, but Sam insisted that there was no contract because it had to be in writing. Who wins? 

John, because Sam admitted the contract existed on the witness stand at trial.

John is 15 years old and enters into an agreement to pay for food. Later, John seeks to rescind the agreements. Can he do this?

No

If a person is misled by the innocent misrepresentation of another party, the misled person can ________.

only rescind the contract

Frequently, real estate contracts are conditioned on an event such as the buyer’s ability to sell his current home by a certain date. If the home does not sell by the stipulated date, the condition is not satisfied and the parties are therefore discharged from the contract. This is an example of a contract that is subject to a ________.

condition precedent

Which of the following is true regarding the liability of an agent acting within his or her authority on a contract involving an undisclosed principal?

The law will likely hold the agent liable for the agreement.

Who is liable in a disclosed principal?

Only the principal

Who is liable in a partially disclosed principal?

Maybe the agent, but definitely the principal

Who is liable if the 3rd party believes that the agent has authority over the action?

Only the agent

Who is liable if the 3rd party believes that the agent is mistaken about their authority over the action?

Neither the agent nor principal

An agency agreement created for the agent's benefit, not for the principal's, is ________.

an agency coupled with an interest

An S corporation can have up to how many share holders?

100

Who has the responsibility of running the day-to-day business of a corporation?

The corporation's officers

In a limited liability company, who assumes no liability for the company beyond the capital they have invested?

all members

Under Title VII of the Civil Rights Act of 1964, which of the following occurs procedurally after an employee-plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge?

The burden of proof shifts to the employer-defendant to articulate a legitimate, nondiscriminatory business reason for the discharge.