BUS 207 MIdterm

The legislative branch of the United States gets its authority from what section of the U.S. Constitution?

The legislative branch of the United States gets its authority from what section of the U.S. Constitution?

Article 1

the judical of the United states gets its authority from what section of the U.S. Constitution?

Article 3

Because Judges in the United States follow the legal principle known as Stare Decisis, this means:

Judges follow decisions in prior court cases

the ninth circuit court is this type of court

a federal appellate court

A district court is this type of court:

A federal appellate court

when congress passes a law that required U.S. citizens to pay a tax if they did not obtain health insurance, this was considered to be a law passed under which of Congress’s enumerated powers:

power to tax

what powers have been given to the president of the united states under the U.S. constitution

power to faithfully execute the laws of the united states

The federal courts have the power to hear which type of cases

cases in which the U.S. is a party, cases between two states, cases between citizens of different states

Administrative agencies have the power to enact laws for the following reasons:

because congress has delegates its authority to the administrative agency

the division of power between three branches of government is a principle known as:

separation of powers

a contract where one person makes a promise and the other person acts on that premise is known as:

a unilateral contract

if warner brothers studios makes an offer to denzel washington to pay him 2 million is he agrees to be the lead in a sequel of remember the titans and agrees to be on set to begin filming on January 1sst, and denzel washington says he accepts but can’t be on set and begin filming until february 1st, what has denzel washington done?

rejected the offer and made a counteroffer to warner brothers

if one party to a contract is under 18, the adult to the contract can be bound to the agreement, but the minor is not legally obligated and has the right of:

disaffirmance

if one party to a contract is intoxicated, the contract will be enforceable unless

the intoxicated party was so intoxicated they did not understand what they were doing and a reasonable person would have realized they were intoxicated

if cal poly enters into a contract with centare textbook company for the purchase of 100 intro to business law textbooks to be delivered by UPS to the cal poly bookstore and one of the terms of the contract states FOB destination, this means cal poly will be responsible for any damages to the textbooks:

once the textbooks are delivered to the cal poly bookstore

if company A makes software and agrees to sell their software to company B, would the UCC apply to the contract between company A and company B?

yes because software contract are covered by international law

when a contract is voidable, this means:

it is only binding on one party to the contract

the united states has this system of government:

a code system of laws that is combined with a common law system

when a minor becomes the age of majority(18) and accepts the obligation of a contract that he or she entered into while a minor, this is known as:

ratification

if Charlie finds a rare guitar for sale for $100 at a neighbor’s garage sale and asks the neighbor to hold the guitar for him for 24 hours, and the neighbor orally agrees to do so, then:

the neighbor would not be obligated under the UCC to hold the offer open for charlie and could sell the guitar to anyone else

under the UCC a good must be:

moveable and tangible

if cal poly offers to pay its vendors $25 in exchange for the vendors’ agreement to refrain from driving vehicles onto campus during WOW week, and the vendors agree and park off campus and cary their products onto campus rather than driving onto campus during WOW week, have the vendors offered consideration?

yes because the vendors are refraining from parking on campus

Kathy is a florist in San Luis Obispo. She was contacted by Julia on June 1 about providing the flowers for Julia's wedding in September. Julia said she wanted to buy all of the floral arrangements she would need from Kathy, would need from Kathy, estimating there would be 40 tables that she would want to place a floral arrangement on. Kathy and Julia signed a contract that provided that Julia would purchase all of the floral arrangements. she would need for the wedding for $100 per floral arrangement. Just before the wedding, Julia informs Kathy that she has decided to only have floral arrangements on the wedding party's table, so she will only need one floral arrangement. Would Kathy likely be successful in enforcing the contract with Julia?

yes because julia’s statement that she only needs one floral arrangement is not being determined in food faith

if a party to a lawsuit seeks an injunction , the party must show:

both a likelihood of success on the merits and irreparable harm that cannot be satisfied with money damages

when a party to a lawsuit seeks money damages this is known as:

a legal remedy

the party to a contract who makes an offer is known as:

the offeror

when someone violates another’s rights in some way other than under contract, this is known as:

a tort

the reason tort law was developed was:

to provide relief to injured parties for harms caused by others, impose liability on parties responsible for the harm, to deter others from doing things that harm others

the following is an example of an intentional tort:

a tortfeasor

the following is an example of an intentional tort:

Defamation

if cal poly professor wrote a letter to the editor of the mustang daily that include a false statement about a student in one of her clases cheating on his midterm, the student could sue the professor for which tort:

libel

if an employee embezzles from their employer by stealing the petty cash money kept in the receptionist’s desk, the employer could try to recover the money by suing for this tort:

Conversion

to determine if a business has invaded its customer’s privacy by installing a camera in its stoere, a court would need to know:

whether the customers could should they had an expectation of privacy that they were not being recorded in the area where the camera was filming

if James and jose are roommates and get into an argument, and James shouts at Jose “I’m going to make you sorry you moved in” as he swings a bat at Jose,missing his head but hitting Jose’s hand, what type of tort claim would Jose have against James?

Assault and Battery

An act that has a strong enough connection to the injury to justify holding the actor legally responsible for the injury is known as:

the proximate cause

to prove premise liability, the plaintiff must show:

that there was a condition on the property created an unreasonable risk of harm, that the owner knew or, thought the exercise of reasonable care, should have known about the risk, that the owner failed to repair it, failed protect against the harm caused by it or failed to give an adequate warning of it.

the united states is a Representative Democracy, which means:

we elect officials to make decisions about what laws should be enacted, rather than vote on the laws directly ourselves

the laws that congress enacts are known as:

Statutes

if a party loses at the trial court level, that party:

has an automatic right to appeal to the Court of Appeal

When a party to a lawsuit wants to get information from the other party, they can use this form of discovery:

Interrogatories, Requests for production of documents, Depositions

When a person signs a declaration, they are doing what:

Providing sworn testimony under oath

In Medina v. Traffic Management, Inc(TMI), the defendant TMI filed a motion asking the court to do what:

Compel arbitration

In Mable Childress v. Mc Donal’s, the plaintiff Mable Childress alleged:

That McDonald’s served her coffee but failed to properly secure that coffee cup lid

Stella Liebeck sued McDonald’s and went to trail. The jury:

awarded consequential and punitive damages against McDonald’s

in people if NY vs Donald Trump, the NY attorney general alleges that Mr. Trump committed fraud. What Fraudulent conduct does the attorney general allege Mr. Trump engaged in?

preparing, certifying and submitting to lenders and insurers false and misleading financial statements

in people of NY vs Donald Trump, Judge Engoron granted this type of motion filed by the NY Attorney General.

Motion for summary judgment

to prove that a contract is unconscionable, a party to the contract would need to prove the following:

procedural unconscionability

to prove Negligence, a plaintiff must prove:

that the defendant had a legal duty to use reasonable care, that the defendant breached that duty, that the breach of that duty was the proximate cause of the plaintiff’s injury

if a customer in a restaurant named Karen begins to choke on her food, and another customer sitting at the next table named Scott attempts to help the person choking and causes an injury to Karen’s throat, would Karen be able to sue Scott for negligence?

Yes because Scott has an implied duty to act with reasonable care when he volunteered to help Karen

A business will be liable for the negligence of its employees if:

the employee was acting within the scope of their employment